HomeMy WebLinkAbout992062.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR EXCHANGE OF VARIOUS
GOVERNMENTAL SERVICES AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for
Exchange of Various Governmental Services among the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County; Larimer County; the Cities of
Fort Collins, Evans, Greeley, and Loveland; and the Towns of Berthoud, Eaton, Estes Park,
Johnstown, Kersey, Milliken, Timnath, Wellington, and Windsor, with terms and conditions
being as stated in said agreement , and
WHEREAS, after review, the Board deems it advisable to approve said agreement , a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Agreement for Exchange of Various
Governmental Services among the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County; Larimer County; the Cities of Fort Collins,
Evans, Greeley, and Loveland; and the Towns of Berthoud, Eaton, Estes Park, Johnstown,
Kersey, Milliken, Timnath, Wellington, and Windsor be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of August, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
' e ',��,` WELD COUNTY, COLORADO
ATTEST: A -_/./ I. ��•fj ! . !_ % EXCUSED DATE OF SIGNING (AYE)
i-,. , Dale K. Hall, Chair
Weld County Clerk to thj : ,���.,
=:;EXCUSED
tr,- sw. �
t , Barbar J. Kirkmeyer, Pro-Tem
BY: - J ban:.
Deputy Clerk to the B'~i`/ ! il \13,
aii+......0 George E. xter
A OV TO FORM:
M. J. ei e
parity Attorney 4j(�
Glenn Vaal'
992062
cc,: Cu , Vanon --Iwn /GnL:es BC0027
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into this 18th day of August , 199 9, by and
between THE CITY OF FORT COLLINS,COLORADO("Fort Collins");the CITIES OF EVANS,
GREELEY and LOVELAND; THE TOWNS OF BERTHOUD, EATON, ESTES PARK,
JOHNSTOWN, KERSEY, MILLIKEN, TIMNATH, WELLINGTON, and WINDSOR; and the
COUNTIES OF LARIMER and WELD, hereinbelow collectively referred to as the "Participating
Entities."
WITNES SETH:
WHEREAS, pursuant to Section 29-1-203, C.R.S.,governments may cooperate or contract
with one another to provide any function, service or facility lawfully authorized to each of the
cooperating or contracting units of government; and
WHEREAS, pursuant to Section 29-1-201, C.R.S., governments are permitted and
encouraged to make the most efficient and effective use of their powers and responsibilities by
cooperating and contracting with other governments; and
WHEREAS, under Article II, Section 16 of the Charter of the City of Fort Collins, the Fort
Collins City Council may, by ordinance or resolution, enter into contracts with other governmental
bodies to furnish governmental services and make charges for such services,or enter into cooperative
or joint activities with other governmental bodies; and
WHEREAS,representatives ofthe Participating Entities have been collaborating over the past
several years to explore ways to enhance the working relationships among the cities and towns of the
Northern Front Range; and
WHEREAS, the councils, county commissioners, and town boards of the Participating
Entities have determined it to be in the best interests of their communities to enter into an
intergovernmental agreement to authorize the exchange of resources and services under appropriate
circumstances, and to establish the terms and conditions upon which such exchange should occur.
NOW THEREFORE, in consideration of the mutual covenants hereinbelow contained, and
other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,
the parties agree as follows:
1. Exchange of Services and/or Resources. Should any of the Participating Entities
determine a need for a governmental or proprietary service or resource not found within its own
jurisdiction, the manager or other chief administrative officer of said -Participating Entity (the
"Requesting Entity") shall evaluate whether the need would be appropriate for an exchange of
1
services or resources under this agreement. In making this determination,the Requesting Entity shall
consider the nature and complexity of the subject need;the amount of time required to address the
need;the level of expertise required;the availability of equipment needed;and any other factors which
the Requesting Entity may consider to be relevant. Upon a determination that an exchange of
services or resources would be appropriate under this agreement,the Requesting Entity may contact
the manager or other chief administrative officer of one or more of the other Participating Entities
(the"Responding Entity") to request the provision of such services or resources.
Upon communication of any such request,each Responding Entity,in its sole discretion,shall
determine whether such services or resources may be provided without unduly interfering with or
hindering the Responding Entity's ability to provide services within its own community. Each
Responding Entity shall notify the Requesting Entity within five(5)working days as to whether the
request for services or resources can be accommodated. If so, the manager or other chief
administrative officer of each such Responding Entity may assign staff and/or provide the resources
that have been mutually agreed to by the parties.
2. Reimbursement of Costs. It shall be left to the discretion of the Responding Entity
providing the services and/or resources to determine whether to seek reimbursement for out-of-
pocket expenses incurred in rendering the requested services or resources. Such expenses may
include,without limitation, costs of reproducing documents, mileage, long-distance telephone calls,
or any other expenses deemed appropriate by mutual agreement of the Responding and Requesting
Entities. In the event that any such payment is requested for services or resources provided, said
payment shall be made within thirty(30) days of the date of receipt of any billing therefor.
3. Employment Status. Throughout the delivery of the requested services,all employees
assigned to the Requesting Entity shall respond to the needs outlined and mutually agreed to by the
Responding and Requesting Entities, but shall continue to be employed solely by the Responding
Entities. The delivery of such services to the Requesting Entity shall be considered to be within the
scope of the performance of the employees' duties for, and employment by,the Responding Entity.
4. Indemnification. To the extent permitted by law,the Requesting Entity shall indemnify
and hold harmless each Responding Entity, its officers, employees and agents, from and against all
liabilities,claims and demands which may arise from the negligent acts or omissions of the Requesting
Entity's employees or any of its subordinates, agents or other persons acting under its authority. In
addition, the Requesting Entity shall indemnify the Responding Entity for all costs and expenses
related to defending such liabilities,claims and demands,including,without limitation,litigation costs
and attorney's fees,whether or not such liabilities, claims or demands are groundless,frivolous,false
or fraudulent. However,the parties agree that all such liabilities,claims and demands shall be subject
to any notice requirements, defenses, immunities or limitations to liability that the Requesting Entity
may have under the Colorado Governmental Immunity Act(Section 24-10-101, C.R.S., et seq.)and
to any other defenses, immunities or limitations to liability available to the Requesting Entity under
the law.
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5. Benefits/Worker's Compensation. If any officer or employee of the Responding
Entity is injured, disabled, or dies as a result of performing his or her services under this Agreement
within the boundaries of the Requesting Party,said individual shall remain covered by, and be eligible
for,the worker's compensation benefits which said individual would otherwise be entitled to receive
if the injury, disability, or death had occured within the boundaries of the Responding Entity.
6. Term. The term of this agreement shall continue for a period of one(1)year from the
date hereof and shall be automatically renewed for successive one(1)year periods unless terminated
by any party. Any party may terminate this agreement at the close of any one (1) year period by
providing written notice of termination to the other party not less than thirty(30) days prior to the
close of the one(1) year period then in effect.
IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year
first above written.
THE CITY • - •RT COL , I ' l OLORADO
AsoAMuni .• . • •orati• ,
• � i/ -/�
MayorIV
ATTEST:
City Clerk
APP D AS TO FO .
City torney
THE CITY OF EV , COL RADO
A Municipal Corpor on
By: di r
/dG
Mayor
ATTEST:
City Clerk
APPROVE O
C. e
G.
3
THE CITY OF GREELEY, COLORADO
A Munici Corporation
B
Mayor
ATTEST:
n
City k
VED AS TO FO AS TO AVAILABILITY OF FUNDS:
*jl
By: c114,- z
City Attoy Director of Flifance
THE CITY OF LOVELAND, COLORADO
A Municipal Corporation
By tu,nQ i L
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
4
THE TOWN OF BERTHOUD, COLORADO
A Municipal Corporation
By:
Mayor
ATTEST: e' . , a1
Town Cler
APPROVED AS TO FORM:
Town Attorney
THE TOWN OF EATON, COLORADO
A Municipal Corporation
By: zaed (L,iia_kc
....y Mayor
•T1.EEate _Il+/
Is
C 'di
Tit r -rk /
�.�• . 1
APPR•k`;-•max`+.-+3 •
Town Attorney
5
THE TOWN ESTES PARK, COLORADO
A Municip C rporat n 7,
By:
ayor
Al JEST:
� . Cs/ I A
To ' Clerk
'r 0 ' AS TO FORM:
/` t
rttomey To y
THE TOWN OF JOHNSTOWN, COLORADO
A Municipal CorporationI
By: encen/0" a
C55)
Mayor
ATTE§T:
A U
`-r
1 1 '0..I.r •
/
,61
APPR E TO :
c ' it., .-
TowntAttorney
6
THE TOWN OF KERSEY, COLORADO
A Municipal Corporation
By: h``Mayor
ATTEST:
fr l
T wn Clerk
APPROVED AS TO FORM:
Town Attorney
THE TOWN OF MILLIKEN, COLORADO
A Municipal Co ration
By:
M r
ATTEST:
Tow�i Clerk
APPROVED AS TO FORM:
r'� l
Town Attorney
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THE TOWN OF THVINATH, COLORADO
A Municipal Corporation
or
ATTEST:
r CJ !G
own r r'k
APPROVED AS TO FORM:
?j\give.,"'le.
n Attorney
THE TOWN OF WELLINGTON, COLORADO
A Municip orrpporati y,
By: �a/f ,,�
ayor
ATTEST;
own Clerk
APPROVED AS TO\_�' :
Alq5LPG(rney
own Attorney
8
THE TOWN OF WINDSOR, COLORADO
A Municipal Corporation
BY: ��/4, l- 7/77 1.
Mayor
AT1,tST: --o wuvo V
h ........ Si,
Lt c. hI • �2L� L2/� koG�RPOR
•
Town Cl k
SEAL
A> t0 / A O FORM: sy• • _moot
o Atto ey
/j /
THE COUNTY OF LARIMER, COLORADO
By k .L f L
Ch •r, Board of Commissioners
ATTEST:
Deputy Clerk and Recorder
APPROVED AS TO FORM:
5A/9 P K<01-'
County Attorney
9
THE COUNTY OF WELD, CQL��O
♦ By:
oard o Commissioners��®,` Dale K. Hall (08/18/99)
ATTEST: 4 1I/,
mootYI .h :ems! ?
Deputy Clerk to the 11,0 �yl i
APPROVED AS 1 ORM�®��,.�l,,
Coll` ttorney
10
City Manager
City of Fort Collins
MEMORANDUM
DATE: August 9, 1999
TO: Anna Lenahan, Town Administrator, Town of Berthoud
Gary Carsten, Town Administrator, Town of Eaton
Rich Widmer, Town Administrator, Town of Estes Park
Michael Smith, City Manager, City of Evans
Leonard Wiest, City Manager, City of Greeley
Vern Haefele, Town Manager, Town of Johnstown
Joel Smiley, Town Administrator, Town of Kersey
Brian Moeck, City Manager, City of Loveland
J. R. Schnelzer, Town Manager, Town of Milliken
Jenny McGraw, Mayor, Town of Timnath
David Everetsen, Town Manager, Town of Wellington
Rod Wensing, Town Manager, Town of Windsor
Frank Lancaster, Manager, Larimer County
Donald Warden, Administrator, Weld County
FROM: Frank Bruno, Assistant City Manager
RE: Intergovernmental Agreement
Attached is the Intergovernmental Agreement to be signed by all participating cities. A signature
is needed by each Mayor, City Clerk, and City Attorney. To track the document as it is routed to
each city,please sign,then return to me at the City of Fort Collins,P. O. Box 580,Fort Collins, CO
80522. I will then send the document on to the next city for signatures. Thank you in advance for
expediting the completion of this Agreement.
992062
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6505 • FAX (970)224-6107
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