HomeMy WebLinkAbout2003-146-12/16/2003-AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE NORTH FRONT RANGE TR RESOLUTION 2003-146
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH THE NORTH FRONT RANGE
TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL
FOR THE PROVISION OF SUPPORT SERVICES
WHEREAS, the North Front Range Transportation and Air Quality Planning Council (the
"Council") was created on January 27, 1988 to promote regional transportation and transportation
related air quality planning, cooperation and coordination among federal, state and local
governments in the north Front Range area; and
WHEREAS,the Council's activities are of a regional and multi-governmental nature and the
Council performs regional functions which are authorized by the Transportation Efficiency Act of
the 21st Century and the Clean Air Act of 1990, as amended, as well as Colorado legislation which
requires a regional and a statewide transportation plan; and
WHEREAS, the Council is charged with the duty to undertake comprehensive, regional
transportation and transportation-related air quality planning; and
WHEREAS,the Council is the designated entity for the purpose of receiving local,state and
federal assistance for the purposes of undertaking transportation planning, air quality planning and
other purposes authorized to the Council; and
WHEREAS, the Council was established pursuant to the powers set forth in Article XIV,
Section 18(2)of the Colorado Constitution and Part 2 of Article 1 of Title 29, C.R.S., as amended;
and
WHEREAS, by an intergovernmental agreement dated May 17, 2001, the Council and the
City entered into an agreement for the purpose of formally defining the relationship between the
Council and the City for the provision by the City of support services to the Council; and
WHEREAS,the Council is now intending to set up its own financial accounting system and
no longer use the City's system, thereby altering the need for various support services; and
WHEREAS, the Council and the City desire to enter into an Intergovernmental Agreement
for the purpose of formally redefining the continuing relationship between the Council and the City
for the provision by the City of support services to the Council.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Manager is hereby authorized to execute the Intergovernmental Agreement
with the North Front Range Transportation and Air Quality Planning Council for the provision of
support services to the Council, which agreement is attached hereto and incorporated herein by this
reference as Exhibit "A," including such additional terms and conditions as the City Manager, in
consultation with the City Attorney,determines to be necessary or appropriate to protect the interests
of the City.
Passed and adopted at a regular meeting of the City Council held this 16th day of December,
A.D. 2003.
ayor
ATTEST:
11)� tIhI*-AA
City Clerk
INTERGOVERNMENTAL AGREEMENT
FOR THE PROVISION OF SUPPORT SERVICES
THIS AGREEMENT, is entered into this day of , 2003, by and
between THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY
PLANNING COUNCIL, a body politic and corporate (the "Council") and THE CITY OF FORT
COLLINS, COLORADO, a municipal corporation (the "City").
WITNESSETH:
WHEREAS, the Council was created on January 27, 1988 to promote regional
transportation and transportation related air quality planning, cooperation and coordination
among federal, state and local governments in the north Front Range area; and
WHEREAS, the Council's activities are of a regional and multi-governmental nature and
the Council performs regional functions which are authorized by the Transportation Efficiency
Act of the 2151 Century and the Clean Air Act of 1990, as amended, as well as Colorado
legislation which requires a regional and a statewide transportation plan; and
WHEREAS, the Council is charged with the duty to undertake comprehensive, regional
transportation and transportation-related air quality planning; and
WHEREAS, the Council is the designated entity for the purpose of receiving local, state
and federal assistance for the purposes of undertaking transportation planning, air quality
planning and other purposes authorized to the Council; and
WHEREAS, the Council was established pursuant to the powers set forth in Article XIV,
Section 18(2) of the Colorado Constitution and Part 2 of Article 1 of Title 29, C.R.S., as
amended; and
WHEREAS, by an intergovernmental agreement dated May 17, 2001, the Council and
the City entered into an agreement for the purpose of formally defining the relationship between
the Council and the City for the provision by the City of support services to the Council; and
WHEREAS, the Council has recently set up its own financial accounting system and no
longer is using the City's system and thereby has altered the need for various support services;
and
WHEREAS, the parties desire to enter into this Intergovernmental Agreement for the
purpose of formally redefining the continuing relationship between the Council and the City for
the provision by the City of support services to the Council.
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NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties as hereafter provided and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
1. Termination of Agreement. That certain intergovernmental agreement
between the City and the Council, dated May 17, 2001, for the provision by the City of support
service to the Council is hereby terminated.
2. Services/Term. The City agrees to provide support services to the Council as
said services are described in paragraph 5 hereof upon the terms and conditions as are hereafter
set forth. The term of service to be provided by the City to the Council under this Agreement
shall continue indefinitely but may be terminated by either party with or without cause, upon the
giving of not less than sixty(60) days advance written notice to the other party.
3. Compensation. In consideration of the services to be provided by the City to
the Council hereunder, the Council agrees to pay the City such amounts as are necessary to
compensate the City for its reasonable costs incurred and as described in paragraph 5 hereof.
Said services shall be invoiced by the City and shall be paid by the Council within the terms
outlined on the invoices, net 30 days unless otherwise provided in Exhibit "A". In the event of
termination, such compensation shall be prorated to the day of termination. The Council and the
City agree that costs for services provided may be adjusted year-to-year based on the Consumer
Price Index (CPI).
4. Indemnification. To the extent permitted by law, and consistent with the
requirements of the Colorado Governmental Immunity Act, the Council hereby indemnifies and
holds harmless the City from any loss, liability or damage, including attorneys' fees that the City
may incur arising out of any negligent acts or omissions of the Council in performing its duties
under this Agreement. To the extent permitted by law, and consistent with the requirements of
the Colorado Governmental Immunity Act, the City hereby indemnifies and holds harmless the
Council from any loss, liability or damage, including attorneys' fees that the Council may incur
arising out of any negligent acts or omissions of the City in performing its duties under this
Agreement.
5. Support Services. In providing support services to the Council, the City
agrees to perform, and invoice for, the following:
*** See Exhibit "A" ***
6. Property. Any property of the Council that is held in the possession of the City
shall be identified as property of the Council and shall be returned to the Council upon
termination of this Agreement.
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7. No Commingline. In the event and to the extent that funds of the Council come
into the possession of the City, such funds shall be clearly identified and separately accounted
for and not commingled with the funds of the City.
8. Reports and Information. As a part of the services provided by the City under
this Agreement, the following reports and information, as they relate to the Council, shall be
prepared and presented to the Council:
• Audit reports of the City (for the time that the Council continues to be
reported as a component unit thereof).
• Supporting documentation for any amounts payable by the Council to the
City.
9. Notice. Any notice required to be delivered in writing pursuant to this
Agreement shall be delivered as follows:
If to the Council: If to the City:
NFRT & AQPC City of Fort Collins
Executive Director City Clerk
235 Mathews Street PO Box 580
Ft. Collins, CO 80524 Ft. Collins, CO 80522-0580
10. Financial Oblieations. All financial obligations of both the City and the
Council incurred pursuant to this Agreement are expressly contingent upon the appropriation of
funds therefore by the City Council of the City and the MPO Council, respectively. Individual
members of both the City Council and MPO Council are not assessable and have no fiscal
responsibility to meet the financial obligations of this Agreement.
11. Third Party Beneficiaries. This Agreement shall not be construed as or
deemed to be an agreement for the benefit of any third party or parties, and no third party or
parties shall have any right of action hereunder for any cause whatsoever.
12. Entire Understandine. This Agreement shall be construed according to its
fair meaning, and as if prepared by both parties hereto, and constitutes the entire understanding
and agreement between the parties hereto pertaining to the matters addressed in this Agreement.
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IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year
first above written.
NORTH FRONT RANGE TRANSPORTATION
AND AIR QUALITY PLANNING COUNCIL
By.
Executive Director
ATTEST:
Office Manager
CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By:
City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
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EXHIBIT"A"
Scope of Services
The City shall provide the following support services to the Council and shall
invoice the Council for reimbursement as provided for in paragraphs 3 and 5
above:
i. Accounting, Audit, and Finance services: For the
remaining time that the Council's financial activity is run
through the City's financial system, the City shall maintain
the accounting and financial reporting requirements as they
relate to the City's CAFR and Audit and the Council shall
promptly reimburse the City for its costs associated
therewith, which costs shall be billed to the Council in
writing. The Council will notify the City of all projects that
can be closed out in a timely manner, and will ensure that
revenues match total expenditures, prior to closure. The
City agrees to allow the Council to be included in the
Scope-of-Work during the RFP process for Audit services.
Any resulting audit costs incurred on behalf of the
Council's scope-of-work will be paid by the Council
directly to the Audit firm selected.
ii. Bankine services: The Council shall set up its own bank
account(s) at the Council's own cost.
iii. Budget services: At the time that the Council starts
operating under its own financial system, it will no longer
require the services of the City's Budget department, and
therefore, no fees will be assessed by the City to the
Council for budget services, nor will the City perform any
such budget services thereafter.
iv. Facilities services: The Council may make use of the
services provided by the Operation Services Department of
the City on an as needed basis. The City agrees to invoice
the Council for any services provided on a monthly basis
and at the same rates billed to other City departments.
Details of work performed will accompany all invoices.
V. Fleet and Transfort services: Motor pool services,
including, but not necessarily limited to, MPO fleet
administration (including mileage & maintenance
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tracking), maintenance, vehicle acquisition, fueling,
inspection, decaling, and washes, shall be provided by the
City and will be invoiced to the Council on a monthly basis
and at the same rates as billed to other City departments.
Details of charges and work performed will accompany all
invoices.
vi. Human Resource services: The City shall provide those
human resource services to the Council as set forth in the
attached Exhibit B. The Council has compensated the City
for such services for calendar year 2003. The Council shall
pay the City $12,000 in January, 2004 for the provision of
said services in calendar year 2004. The Council shall pay
the City $13,000 in January, 2005 for the provision of said
services in calendar year 2005. In January of each
successive calendar year, the Council shall pay the City an
amount determined by taking the annual total
compensation payroll cost for the City's Human Resources
staff and multiplying that amount by the percentage of
Council employees compared to City employees. For this
purpose, employee counts will be limited to classified,
unclassified management, and contractual FTE's. For
example, for calendar year 2004, it is estimated that the
annual total compensation payroll cost for the City's
Human Resources staff will be $1,261,492. With 1,250
City employees and 12 Council employees, the Council
employees comprise .96% of the number of City
employees. The annual total compensation payroll cost
would then be multiplied by this percentage of .96% to
arrive at $12,000 in 2004. In addition to the above
payments, the Council shall pay the City for all actual
benefit insurance premiums related to Council employees.
Such benefit payments shall be made quarterly upon
invoice from the City.
vii. IT services: The Council may use IT services in the form
of Desktop PC support; Server support, GroupWise
support, and all other IT-related tasks. If the Council elects
to use the aforesaid services, it will reimburse the City in
the same amount as is charged for IT services to other City
"non-general fund" departments/service areas. Software
will also be billed to the Council. Any IT service or
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software upgrade charges attributable to the Council will be
invoiced to the Council on a monthly basis.
viii. Leeal services: As of the date of execution of this
Agreement, the Council shall discontinue the use of the
City's legal services previously provided by the City
Attorney's office (except for those legal services which are
ancillary to the City's provision of Human Resource
Services). The Council will instead pursue the possibility
of having a pool of legal advisors provided to the Council
by its various member entities, all at no charge to the
Council, or the Council will hire independent legal services
through an RFP process utilizing the City's purchasing
department services.
ix. Payroll services: The Council will continue to have all of
its payroll processing done through the City up through the
end of calendar year 2003 at no cost to the Council.
Effective calendar year 2004, the Council will process its
own payroll, with the benefit plan expenses being billed to
the Council by the City on a quarterly basis.
X. Phone & Internet Service Provider services: The
Council will continue to use the City's phone system. The
City will invoice the Council on a monthly basis for actual
expenses incurred and will include detailed charges by
phone extension.
xi. Postage and Interoffice mail services: The Council shall
continue to use the City's mail services for interoffice
correspondence only. City personnel will make one daily
stop at the Council office to pickup and drop off all
interoffice mail items, as well as any items needing to be
posted and mailed. The City shall invoice the Council on a
monthly basis for postage expenses for those items not
considered as interoffice between the Council and the City
departments.
xii. Purchasing services: The City agrees to allow the Council
to make use of City contracts with vendors, including, but
not necessarily limited to, Mountain States Employers
Council, Banking services, Audit services, Computer
Equipment, Recycling Services, Office Supplies, and other
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applicable commodities. The Purchasing department will
continue to provide its services to the Council for any
necessary RFP's and resulting contracts at a cost of $700
per RFP, which will be invoiced to the Council as RFP
services are performed.
xiii. Recycling pickup services: The Council will continue to
use the services of the City's recycling vendor for a once-
per-month pickup, and will coordinate with the vendor to
be invoiced separately from the City. If the vendor cannot
invoice the Council separate from the City, then the City
agrees to pay for the service and invoice the Council on a
monthly basis.
xiv. Risk ManaEement services: The City agrees to continue
providing fleet insurance for the Council's VanGo program
up through September 30, 2003, and will continue to
invoice the Council monthly at the rate of $1,750.00
through 9/30/03. Effective 10/l/03, the insurance
provision for the VanGo fleet will transfer to and be
invoiced directly to the Council. All other insurance
policies (MPO auto, workers comp, general liability, and
professional liability) will be purchased and paid for by the
Council but will be reviewed annually by the City's Risk
Management Department. The City's Risk Management
Department agrees to assist the Council's staff with annual
driver safety meetings for the vanpoolers, and in its review
and consulting on various insurance and liability issues.
In providing the aforesaid services, the City shall apply its internal policies in the same manner
for the Council as they would be applied for the City, i.e., City purchasing, personnel,
accounting, budgeting policies, etc.
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EXHIBIT B
SERVICES PROVIDED TO THE MPO
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Human Resources Compensation 'Provide all compensation and administration services and functions.
Pension 'Provide general pension consultation and support duties
'Assist with exit interviews and new employees sign-ups.
Benefit Administration "Process all benefits changes,including addresses,family status,
eligibility, and common law marnage(caoerwork onlv).
'Maintain records,files and forms
'Research benefits problems.
'Interpret plans to employees
'Act as liason between employees and insurance companies
'Meet with employees on insurance related issues.
'Process employee terminations.
'Process COBRA information to employees and NHS.
'Receive,research,and adjudicate claim appeals.
Surveys 'Conduct customized benefit surveys of similar organizations(untie
benefit surveys of other cities).
Bill Audits 'Compare info on our reports to the vendor bills.
'Research and resolve any discrepancies
COBRA/Retiree 'Process payments and make a spreadsheet to send to accounting
along with checks
'Make a new spreadsheet for our records.
"Perform audit to assure no discrepancies
EMBIT B
SERVICES PROVIDED TO THE MPO
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Human Resources con't FMLA ''Consult with managers regarding applicability of FMLA.
"Process all paperwork-make sure we stay In compliance.
Workers Comp 'Receive from Risk Management a copy of the reports.
'Separate the two insurance plan participants and organize by date on
report.
'Make a spreadsheet detailing date, name, SS#, type of treatment to
iniurv.and descnotion of iniury
'Send a copy of the spreadsheet to Great West to assure they do not
oav the claim
Open Enrollment 'Schedule OE meetings, including cablecast and video tappng.
'Prepare and schedule ICMA and Long Term Care presentations
"Order all printed materials and forms for open enrollment,including
directories.brochures.etc from insurance companies
'Coordinate and schedule department designate meeting including
recruihno designates
'Coordinate assembly of department OE boxes,including delivery.
'Process OE forms upon arrival.
'Return employee forms with new SPD's, ID's,catalogs,etc to
8MDlovees
Payroll 'Create personnel files,fling, and pulling termination files for archives.
Employee Relations 'Consult with managers regarding performance issues..
'Review performance appraisals;provide advice on content and
process.
'Review proposed discipline documents
'Provide guidance regarding policies and procedures to employees and
managers.
'Meet with employees regarding employee concerns/conflicts
'Participate in grievance and appeal process.
'Work with managers, HR Director/Asst HR Director,Asst City Attorney
on sensitive emolovee issues and final settlement of such.
'Consult with managers regarding reorganization;
than e/u r e/ I ssif'catl n of RI n .
EXHIBIT B
SERVICES PROVIDED TO THE MPO
Human Resources con't Recruitment and Selection 'Consult with staff on recruitmenuadvertising options
'Write ads.
'Review ads composed and placed by MPO staff
'Place ads
'Track and bill for ads.
'Prepare position announcements.
'Place position announcements on City website
'Consult with staff on interview questions/ratings sheets.
'Participate in interviews.
'Follow-up on selection process/outcomes.
'Answer questions regarding process,drug testing.
'Consult regarding starting pay
'Assist with reference checks.
'Send out regret letters.
'Take calls from unsuccessful applicants.
'Send out confirmation memo. Personnel policies etc to manager.
'Review contract if position is contractual.