HomeMy WebLinkAbout2020-041-05/05/2020-AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY FOR AINTERGOVERNMENTAL AGREEMENT CONCERNING COLORADO STATE
UNIVERSITY COMMUNITY LIAISON SPECIALIST
THIS AGREEMENT is entered into this _____ day of ____, 2020, by and between
COLORADO STATE BOARD OF GOVERNORS, acting by and through Colorado State
University for Off-Campus Life, (“CSU”) and THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation (the “City”).
W I T N E S S E T H:
WHEREAS, the City’s Neighborhood Services Office has been created to promote
community-building and neighborhood cooperation, education and coordination within the
City; and
WHEREAS, the City’s Neighborhood Services Office activities are of a local, and at
times, multi-entity and inter-departmental in nature; and
WHEREAS, the City desires to encourage positive relationships between student and
non-student residents in neighborhoods in the City; and
WHEREAS, CSU desires to support its students living off campus and promote
positive neighborhood relationships between students and other City residents; and
WHEREAS, it is in the best interests of both the City and CSU to initiate and
financially support a staff position, Community Liaison Specialist, funded by both entities to
create and support community building in predominately student populated neighborhoods;
and
WHEREAS, on July 17, 2001, Council adopted Resolution 01-88 authorizing the
Mayor to execute an Intergovernmental Agreement to create a Community Liaison
Coordinator position; and
WHEREAS, on May 5, 2020, Council adopted Resolution 2020-041, authorizing the
Mayor to execute an Intergovernmental Agreement to fund the Community Liaison
Specialist position; and
WHEREAS, the City desires to continue to allocate funds to CSU to support the
salary and program operating expenses for the position of Community Liaison Specialist.
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. Services/Term. The City agrees to provide financial support and
services to CSU as are described in paragraph 2, upon the terms and conditions herein. The
term of service to be provided by the City to CSU under this Agreement shall commence on
January 1, 2020 and continue for consecutive one-year terms ending on December 31, 2029,
unless sooner terminated, subject to the terms and conditions herein. This Agreement may be
terminated, without cause, by either party upon the giving of not less than sixty (60) days
advance written notice to the other party.
EXHIBIT A
2. Financial and Support Services. In providing financial and support services
to CSU for the Community Liaison Specialist (“CLS”) position, the City agrees to perform
the following:
a. Upon invoice, the City will reimburse CSU one-half of the actual cost
of salary and benefits for the CLS position;
b. Payments will be made quarterly beginning January 1, 2020 upon
invoice from CSU to the City, and payments shall be due and payable thirty
(30) days after invoice;
c. The City will provide office space, computer, and telephone service
for the CLS in the Neighborhood Services Office. It is understood that the
CLS will also maintain an office on campus at CSU’s expense;
d. The Parties agree to provide to the CLS, subject to applicable laws,
including FERPA, the Colorado Open Records Act, and the Criminal Justice
Records Act, the names, addresses and telephone numbers of neighborhood
residents and representatives and student residents living off campus to the
CLS;
e. The City will participate in providing professional development
opportunities as mutually agreed upon by the parties for the CLS in
conjunction with CSU; and
f. The City will pay a portion of specific program expenses as mutually
agreed upon from time to time by the Parties.
3. Indemnification. Each Party shall be responsible to the fullest extent
allowed under the law for its own negligence, and the negligence of its employees and
authorized volunteers acting within the scope of their actual authority. It is expressly
understood and agreed that nothing contained in this Agreement shall be construed as an
express or implied waiver by either Party of its governmental and sovereign immunities, as
an express or implied acceptance by either party of liabilities arising as a result of actions
which lie in tort or could lie in tort in excess of the liabilities allowable under the Colorado
Governmental Immunity Act, C.R.S. 24-10-101 et seq., as a pledge of the full faith and
credit of the State of Colorado, or as the assumption of any of the parties of a debt, contract
or liability of each other in violation of Article XI, Section 1 of the Constitution of
Colorado. Neither CSU nor the City is authorized to indemnify any party, public or private,
as against the claims and demands of third parties and any such indemnification provision in
this Agreement shall be null and void.
4. Additional terms and conditions:
a. It is expressly understood that the CLS is an employee of CSU and CSU shall
pay one hundred percent (100%) of the salary, benefits (including worker’s compensation
benefits), pension costs, and any other employment costs of said employee as said costs are
incurred on behalf of CSU. The City shall be responsible for reimbursing CSU in the
amount and manner set forth above in paragraph 2.
b. CSU will be responsible for the hiring, discipline and firing of said employee.
In exercising these responsibilities, CSU shall consult with the City. The City will provide
input and feedback to the CLS and the CLS’s supervisor and shall participate in reviews,
evaluations and planning for the CLS position. The City shall regularly advise CSU of said
employee’s work performance and shall immediately report to CSU any instances of alleged
misconduct or discrimination. The Parties shall fully cooperate with each other in the
investigation of any allegations of misconduct or discrimination.
c. For the purposes of this Agreement, CSU hereby designates the Director of
Off-Campus Life as its representative. The City designates the Neighborhood Services
Manager as its representative. Either party may change its designated representative at any
time by written notice.
d. This Agreement shall not be assigned, enlarged, amended, extended,
modified, or altered, except in writing, signed by the Parties as an amendment hereto.
e. No waiver of any breach of this Agreement shall be held or construed to be a
waiver of any subsequent breach hereof.
f. This Agreement and the obligations of the parties hereunder, are expressly
contingent upon the City budgeting and appropriating the funds needed to fulfill the City’s
obligations hereunder.
g. No terms or conditions in this Agreement shall constitute a waiver of any
provision of the Colorado Governmental Immunity Act.
5. Liability. As an employee of CSU, any liability which may accrue under the
provisions of the Colorado Governmental Immunity Act, CRS Section 24-10-101 et seq. on
account of a negligent or other tortious act or omission by the CLS while performing duties
shall be imposed upon CSU. Nothing herein shall be deemed a waiver of the notice
requirements, defenses, immunities and limitations of liability that CSU may have under the
Act referenced above.
6. Property. Any property of the City that is used by the CLS shall be
identified as property of the City and shall be returned to the City in the same condition, less
normal wear and tear, upon termination of this Agreement.
7. Notice. Any notice required to be delivered in writing pursuant to this
Agreement, said notice shall be hand-delivered or delivered via US Mail, postage prepaid
addressed as follows:
If to the City:
Neighborhood Services Manager
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
With a copy to:
City Attorney’s Office
PO Box 580
Fort Collins, CO 80522
If to the University:
Colorado State University: Director of Off-Campus Life
Lory Student Center
Colorado State University
Fort Collins, CO 80523
In addition, a copy of any notice to CSU concerning the validity or enforcement of any
provision of this Agreement or any dispute arising hereunder, shall also be sent to:
Office of the General Counsel
01 Administration Building
Colorado State University
Fort Collins, CO 80523-0006
8. Financial Obligations. All financial obligations of CSU incurred pursuant
to this Agreement are expressly contingent upon CSU receiving funding appropriate for such
expenditure from either the United States government, the government of the State of
Colorado, or another authorized source. All financial obligations of the City incurred
pursuant to this Agreement are expressly contingent upon the appropriation of funds
therefore by the City Council of the City. Individual members of the Council are not
assessable and have no fiscal responsibility to meet the financial obligations of this
Agreement.
9. 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.
10. Authority. The persons who have signed and executed this Agreement
represent that they are duly authorized to execute this Agreement in their individual or
representative capacity.
11. Entire Understanding. This Agreement shall be construed according to its
fair meaning and constitutes the entire understanding and agreement between the parties
hereto pertaining to the matters addressed in this Agreement.
12. Default. A party will be considered in default of its obligations under this
agreement if such party should fail to observe, comply with, or perform any term condition
or covenant contained herein and such failure continues for thirty (30) days after the non-
defaulting gives the defaulting party written notice thereof. In the event of default, the non-
defaulting party, upon written notice to the defaulting party, may terminate this Agreement
as of the date specified in the notice and may seek such other and further relief as may be
provided by law.
IN WITNESS WHEREOF, the Parties have entered into this Agreement the day and
year first above written.
BOARD OF GOVERNORS OF THE
COLORADO STATE UNIVERSITY
SYSTEM, ACTING BY AND THROUGH
COLORADO STATE UNIVERSITY,
By:_____________________________
Blanche Hughes, Vice President for
Student Affairs
Date:__________________
APPROVED:
By:_______________________________
Director of Off-Campus Life
APPROVED AS TO FORM:
By:_______________________________
CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By:_____________________________
Darin A. Atteberry, City Manager
ATTEST:
_____________________
City Clerk
APPROVED AS TO FORM:
______________________
Assistant City Attorney