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Home My WebLink About21-38 Amended IGA with FURA Coordination and Staffing of Services 03-24-2021RESOLUTION NO. 21-38 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE FIRESTONE URBAN RENEWAL AUTHORITY REGARDING COORDINATION AND STAFFING OF SERVICES WHEREAS, the Firestone Urban Renewal Authority ("FURA") is a public body corporate and politic organized as of July 24, 2009 and authorized to transact business and exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. (the "Urban Renewal Law"); and WHEREAS, the Town of Firestone ("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, FURA and the Town entered into the Cooperation Agreement approved by the governing bodies of the Parties on September 23, 2010 regarding inter alia the provision of support services to FURA by the Town, as amended and restated by the Amended and Restated Cooperation Agreement approved by FURA by Resolution No. 17-57 on December 13, 2017 (the "Prior Agreement"); and WHEREAS, the Town and FURA desire to enter into an intergovernmental agreement (the "IGA") to amend and restate the Prior Agreement and confirm their mutual understandings regarding FURA operating costs; 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. § 31-25-112 provides that the Town may cause funds and administrative or other services to be expended or furnished to FURA. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Town's Board of Trustees hereby approves the IGA negotiated by FURA and the Town in essentially the form attached hereto as Exhibit A. Section 3. The Mayor is hereby authorized to execute the IGA on behalf of the Town. INTRODUCED, READ, and ADOPTED this 24th day of March, 2021. TOWN OF FIRESTONE, COLORADO ATTEST: APPROVED AS TO F J sy�aKoemg, CMS, TcyoGn Clerk William '�a i,'f ttorney 22372066.2 Exhibit A IGA [see attached] AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE FIRESTONE URBAN RENEWAL AUTHORITY REGARDING COORDINATION AND STAFFING OF SERVICES This Amended and Restated Intergovernmental Agreement (this "IGA") is entered into by and between the TOWN OF FIRESTONE, COLORADO (the "Town"), and the FIRESTONE URBAN RENEWAL AUTHORITY ("FURA") (individually, a "Party" and collectively, the "Parties") and shall be effective as of March 17, 2021 (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 laws and WHEREAS, FURA is a public body corporate and politic organized as of July 24, 2009 and authorized to transact business and exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. (the "Urban Renewal Law" or the "Act"); and WHEREAS, FURA and the Town entered into the Cooperation Agreement approved by the governing bodies of the Parties on September 23, 2010 regarding inter alia the provision of support services to FURA by the Town, as amended and restated by the Amended and Restated Cooperation Agreement approved by FURA by Resolution No. 17-57 on December 13, 2017 (the "Prior Agreement"); and WHEREAS, the Town and FURA desire to enter into this IGA to amend and restate the Prior Agreement and confirm their mutual understandings regarding the provision of support services to FURA 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. § 31-25-112 provides that the Town may cause funds and administrative or other services to be expended or furnished to FURA. AGREEMENT 1. Support Services. The Parties agree the Town in its discretion may provide suppoz-t services to FURA as may be desired to carry out the duties, operations and functions of FURA. Support services may include, without limitation, administrative, managerial, planning, financing, accounting, engineering, and other services, including Town employee and/or outside consulting services ("Support Services"). The Town Manager is authorized to serve as Executive Director of FURA as provided in the Act and subject to budgetary requirements shall direct the utilization of Support Services as may be required to carry out the duties, operations and functions of FURA. 2. Advance of Operating Funds. While not anticipated to be necessary, the Town may annually advance to FURA an amount of operating funds ("Operating Funds") to be determined by appropriation by the Town Board of Trustees. Operating Funds shall be used by FURA for Support Services and other costs incurred by FURA in accordance with the Act, this IGA and approved Town and FURA budgets. 22371468.3 3. Town Staf£ FURA may, from time to time as FURA deems necessary, employ or appoint Town staff and personnel to exercise FURA's powers, duties, and functions authorized by the Urban Renewal Law and all other laws of the State of Colorado. In such instances, Town staff and personnel shall exercise and provide such powers, duties, and functions and shall allocate reasonable time to devote to FURA matters. 4. Legal Counsel. While not anticipated to be necessary, the Town may provide funds for FURA's legal counsel in order for FURA to properly exercise its powers, duties and functions authorized by the Urban Renewal Law and all other laws of the State of Colorado. 5. Town Expenditure of Funds for Undertakings and Activities. The Town may expend funds for the purpose of aiding FURA in its undertakings and activities, including but not limited to demolition, remediation, rehabilitation or acquisition of buildings or property located within an urban renewal area of FURA. 6. Reimbursement to Town by AuthoritX. If the Town provides Operating Funds or other funds to FURA, FURA is not required to reimburse the Town for any costs incurred by the Town pursuant to this IGA. 7. TABOR. No provision of this IGA shall be construed or interpreted: (a) to directly or indirectly obligate the Town to make any payment in any year in excess of amounts appropriated for such year; (b) as creating a debt or multiple fiscal year direct or indirect debt or Aber financial obligation whatsoever within the meaning of Article X, Section 6 or Article X, Section 20 of the Colorado Constitution (TABOR) or any other constitutional or statutory limitation or provision; or (c) as a donation or grant by the Town in aid of any person, company or corporation under applicable Colorado law. 8. Additional Provisions. (a) 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. (b) 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. (c) 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. (d) Governing Law. This IGA shall be governed in accordance with the laws of the state of Colorado. 2 22371468.3 (e) 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. (f) 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] 3 22371468.3 IN WITNESS WHEREOF, the Town and FURA have caused their duly authorized officials to execute this Agreement effective as of the Effective Date. TOWN OF FIRESTONE, a political subdivision of the State of Col do By: Bobbi mdelar Title: Mayor ATTErT• By: FIRESTONE URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado amantha Meiring Title: Chairperson ATTE� By: 22371468.3