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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. 1 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. 2 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. 3 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 4 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 5 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 6 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 7 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. 8 EXHIBIT B SERVICES PROVIDED TO THE MPO d �m Inti,Yrv-S.G^.L��d� �8fY1CB'��< owl"`�jl•,.�Vii`�V'Al.k, yw :��n 1 ',`k 4, d�Fl� ��<,. 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 rtm00 c %q ervic awl 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.