HomeMy WebLinkAbout25-112 Central Firestone District for Support Services IGA 10-22-2025RESOLUTION NO. 25-112
A RE OLU LiON OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, APPROVING AN TE ERN ENTAL AGREEMENT BETWEEN
THE TOWN OF FIRESTONE AND THE CENTRAL FIRESTONE DISTRICT FOR
SUPPORT SERVICES
WHEREAS, the Town of Firestone (the ;`Town") is a Colorado statutory town of
authorized to exercise its powers under and pursuant to the Colorado Constitution and state law;
and
WHEREAS, pursuant to C.R.S. § 31-25-801 el seq. (the 'DDA AcC), ), the Central
Firestone District (the "CF I)") is a downtown development authority duly established upon
approval of the qualified electors, as defined in the DDA Act, at a special election on July 1, 2025,
and authorized to exercise all powers provided for in the DDA Act; and
WHEREAS, the Town and CFI) desire to enter into an intergovernmental agreement (the
"IGA") to confirm their mutual understandings regarding the provision of support services to CFD
by the Town; and
WHEREAS, Colorado law, C.R.S. § 29-1-201 et seq., authorizes and encourages local
governments to contract with one another to provide any function, service, or facility, and C.R.S.
31-25-808(1)(f) authorizes the Town to enter into this 1GA with CFD.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO:
The Intergovernmental Agreement for Support Services between the Town of Firestone
and Central Firestone District is approved, in substantially the same form as the copy attached
hereto as Exhibit A, with such additions or modifications as the Town Attorney may determine to
be necessary and appropriate to protect the interests of the Town or to effectuate the purposes ofµ
this Resolution.
PASSED AND ADOPTED this day of` , 2025.
Don C
ATTEST:
Miriam Gr, na os Luna, CMC, Town Clerk
APP AS TO F
Marshall Keith Martin, Tow=n Attorney
353721552
EXHIBIT A
[Firestone/CFD IGA for Support Services]
35372155.2
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF FIRESTONE AND THE CENTRAL FIRESTONE DISTRICT REGARDING
COORDINATION AND STAFFING OF SERVICES
This Intergovernmental Agreement (this "IGA") is entered into by and between the TOWN
OF FIRESTONE, COLORADO, a statutory town of the State of Colorado (the "Town"), and THE
CENTRAL FIRESTONE DISTRICT, a body corporate and politic of the State of Colorado
("CFD") (individually, a "Parma" and collectively, the "Parties") and shall be effective as of
2025 (the "Effective Date").
WHEREAS, the Town is a statutory town of the State of Colorado authorized to exercise
its powers under and pursuant to the Colorado Constitution and state law; and
WHEREAS, CFD is a public body corporate and politic duly organized and existing under
the laws of the State of Colorado as a downtown development authority pursuant to Section 31-
25-801 et seq., C.R.S., as amended (the "DDA Act"); and
WHEREAS, the Town and CFD desire to enter into this IGA to confirm their mutual
understandings regarding the provision of support services to CFD by the Town; and
WHEREAS, Colorado law, C.R,S. § 29-1-20 1 et seq., authorizes and encourages local
governments to contract with one another to provide any function, service, or facility, and C.R.S.
§ 31-25-808(1)(1) authorizes CFD to enter into contracts with the Town.
AGREEMENT
1. Support Services.
(a) Services. The Parties agree the Town in its sole and absolute discretion may
provide support services to CFD to carry out the duties, operations and functions of CFD.
Support services may include, without limitation, administrative, personnel, managerial,
planning, financing, accounting, engineering, and other services, including Town
employee and/or outside consulting services ("Support Services"). The Town Board of
Trustees shall provide direction to the Assistant Town Manager, subject to budgetary
requirements, regarding the utilization of Support Services to be provided by the Town to
CFD to carry out the duties, operations and functions of the CFD. Nothing in this
Agreement obligates the Town Board of Trustees to appropriate or expend any particular
or certain sum of monies for Support Services to be provided to CFD during any given
fiscal year. Moreover, nothing herein shall be construed as prohibiting CFD from
contracting with third parties to provide all or a portion of such Support Services.
(b) Reimbursement to Town by CFD for Support Services.
(i) Until CFD establishes a reliable and consistent revenue stream from
which it can employ and retain its own staff and personnel to perform the Support
Services, the Town may use Town employees to provide and perform such Support
Services for CFD. It is the intention of the Parties that the Support Services
performed by Town employees for CFD during this period of time shall not unduly
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3. Executive °ect r, onditi c f Ers plc ut rThe Assistant Town
his or her designee is authorized to serve as interim Executive Director of CFD until such time as
E in its discretion appoints d pir s its own Executive Direct ar, subj t tc "T Board
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approval. CFD shall not enter into any Executive Director and/or staff ploee agreements or
amendment thereto with the Assistant Town Manager or his or her designee without approval of
the Town Board of Trustees. Instead, CFD will hire its Executive Director subject to approval by
the Town Board of Trustees upon providing the Town notice of its intention to hire an Executive
Director. The Town Manager will sit on CFD's selection committee for the Executive Director
position as a voting member, but his/her vote alone will not control the recommendation of the
selection committee. The Town Manager or his/her designee shall coordinate the selection process,
The Executive Director shall be a contract employee of CFD; said contract may be renewable
annually.
(a) The salary of the Executive Director shall be established by the Town Board
of Trustees through the Town Board's approval of CFD'a annual budget as set forth. in
Section 10(a), below. The Parties intend that the salary and other benefits of the -Executive
Director shall be established in accordance with the salaries and other benefits provided
for administrative officials of the Toperforming duties of comparable responsibility.
The Town Board and CFD, jointly, shall have the exclusive authority to
terminate the Executive Director by a majority vote in joint session. Ajoint session for this
purpose may be initiated by either the Town Board or the CFD Board, and shall be
officially called for and presided over by the Mayor. Any individual serving concurrently
on both the Town Board and the CFD Board shall be entitled to only one vote in such joint
session.
(c) The Executive Director shall be a contract employee of CFD, and nothing
herein shall be construed to establish the Executive Director as an employee of the Town
in any manner.
d) The terms d conditions of the Agreement shall be and are hereby made a
part of any employment contract which CFD may have with any Executive Director, and
said Executive Director shall be bound by this Agreement.
(e) The Executive Director shall be supervised by CFD in all of his/her
activities, but he/she shall also respond to and interact with the Town .,eager on a regular
basis in the same manner as a Town Department Director.
4. Exn.pces ofCFD. Upon establishment of areliable and consistent revenue stream
for CFD, CFD may, from time to time as CFD deems necessary, employ or retain Town staff and
personnel, subject to the Town Board of Trustee's approval, to exercise FD's powers, duties, and
fbnctions authorized by the DDA Act and all other laws of the State of Colorado. All CFD staff
and personnel shall exercise and provide such powers, duties, and functions and shall allocate
reasonable time to devote to CFD matters. All CFD staff and personnel, except the Executive
Director, shall be subject to the Town's personnel policies and procedures. No CFD staff or
personnel shall be entitled to the benefits of Town employees. However, the Town may decide to
allow CFD employees to participate in the Town's life, health and dental insurance, vision service
plan, and other benefits offered to Town employees. Payment for such benefits shall be made from
the appropriate CFD fund to the appropriate Town d at the employee rate allocated to Town
operating budgets, based on budgeted payroll costs.
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renegotiate at the end of the contract period if mutually agreeable between the Town and
the CFD. Subject to annual appropriations by the Town, this Agreement shall automatically
renew for each subsequent one-year anniversary period. Either Party may elect not to renew
this Agreement by giving the other Party written notice of that decision at least ninety (90)
days prior to the expiration of the then -current term. Either Party may otherwise terminate
this Agreement at any time after giving at least thirty (30) days written notice of intention
₹o terminate the Agreement. Notwithstanding the foregoing, the Town Board of Trustees
or Board of Directors of ₹he CFD shall have the authority to sooner or immediately
terminate this Agreement upon a finding that the public interest requires such termination.
(d) Modification. This IGA may be modified, amended, changed or
terminated, in whole or in part, only by an agreement in writing duly authorized by both of
the respective governing bodies of each of the Parties. No consent of any third party shall
be required for the negotiation and execution of any such agreement.
(e) Waiver. The waiver of a breach of any of the provisions of this IGA by a
Party shall not constitute a continuing waiver or a -waiver of any subsequent breach by the
other Party of any provision of this IGA.
(f) Counterparts. This IGA may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the
same instrument. This IGA may also be executed and delivered by facsimile or portable
document format (.pdf) signature and in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
(g) Governing Law, This IGA shall be governed in accordance with the laws
of the state of Colorado.
(h) No Third Party Beneficiaries. There are no express or implied third party
beneficiaries of this IGA. No third party has any right to enforce this IGA.
(i) Governmental Immunity. The Parties acknowledge that each is a
governmental entity and neither waives governmental immunity pursuant to the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 et seq.
(signature page follows]
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IN WITNESS WHEREOF, the Town and CFD have caused their duly authorized officials
to execute this Agreement effective as of the Effective Date.
TOWN OF FIRESTONE ' cline subdivision of
the Stag f Cdlraa
A EST.
By:
THE CENTRAL FIRESTONE DISTRICT, a body
corporate and politic of the State. f Cl radt
B°
Tl .
A T:
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