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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/19/2000 - RESOLUTION 2000-117 AUTHORIZING AN INTERGOVERNMENT 4. . n AGENDA ITEM SUMMARY ITEM NUMBER: 26 FORT COLLINS CITY COUNCIL DATE: September 19, 2000 STAFF: John Fischbach SUBJECT: Resolution 2000-117 Authorizing an Intergovernmental Agreement Between the City and the Fort Collins Housing Authority Relating to the Provision of Administrative and Legal Services. RECOMMENDATION: Staff recommends adoption of the Resolution. FINANCIAL IMPACT: The financial impact of the Intergovernmental Agreement is minimal. The viability of ongoing services will be regularly determined and authorized by the City Manager. EXECUTIVE SUMMARY: The Fort Collins Housing Authority was established by the Fort Collins City Council, pursuant to the provisions of the Colorado Revised Statutes for the purpose of providing affordable, safe and sanitary housing for low income families in the community. The City has a great deal of interest in the success of the Housing Authority. The Housing Authority's budget is quite restrictive and federal funding has been cut for the past several years. The City is able to provide some services which will enhance Housing Authority operations. Some services, such as providing Human Resource consultation, are expected to be minimal and the cost of such services can easily be absorbed. Other services,such as the Housing Authority's use of City phone,e-mail and voice mail systems are billed to and reimbursed by the Housing Authority. The Intergovernmental Agreement also spells out the terms and conditions of occasional supplemental legal services,and specifies that the Housing Authority shall separately procure legal services from independent counsel for general operations. The Agreement specifies that all services shall be subject to limitation by the City Manager and shall not interfere with the provision of adequate and timely services to the City of Fort Collins. RESOLUTION 2000-117 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE FORT COLLINS HOUSING AUTHORITY RELATING TO THE PROVISION OF ADMINISTRATIVE AND LEGAL SERVICES WHEREAS, the Housing Authority has been established by the Fort Collins City Council, pursuant to the provisions of§29-4-201,et seq.,C.R.S.,for the purpose of providing affordable,safe and sanitary dwelling accommodations to persons of low income in the City; and WHEREAS, the Housing Authority is a body both corporate and politic, having all the powers necessary or convenient to effectuate the purposes for which it was established and the statutory provisions related thereto; and WHEREAS, the City has a substantial interest in the successful operation of the Housing Authority and wishes to provide the Housing Authority with certain administrative and legal services so as to maximize the efficiency and cost effectiveness of Housing Authority operations; and WHEREAS, on March 16, 1999, the City Council approved Resolution 99-41 authorizing the temporary provision of telephone service and upgraded computer resources to the Housing Authority until such time as an intergovernmental agreement establishing an on-going arrangement for the provision of such services was developed and approved by the Council and the Housing Authority Board of Commissioners; and • WHEREAS,under Sections 18-2a and 2b of Article XIV of the Colorado Constitution;§29- 1-203,C.R.S.;and Section 16 of Article II of the Fort Collins City Charter,the City and the Housing Authority are authorized to cooperate and contract with one another to provide any function,service or facility lawfully authorized to each such party with the approval of the parties' respective governing parties. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Intergovernmental Agreement between the City and the Housing Authority, attached hereto as Exhibit "A" and incorporated herein by this reference,is hereby approved by the Council, subject to such modifications in form or substance as the City Manager, in consultation with the City Attorney, may deem necessary to effectuate the purposes of this Ordinance or to protect the interests of the City. Passed and adopted at a regular meeting of the City Council held this 19th day of September, A.D. 2000. Mayor Pro Tem ATTEST: City Clerk EXHIBIT "A" . AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Fort Collins, Colorado, a municipal corporation (hereinafter referred to as the "City"), and the Fort Collins Housing Authority(hereinafter referred to as the"Housing Authority"). WITNESSETH: WHEREAS,the Housing Authority has been established by the Fort Collins City Council, pursuant to the provisions of§294-201, et seq., C.R.S., for the purpose of providing affordable, safe and sanitary dwelling accommodations to persons of low income in the City; and WHEREAS, the Housing Authority is a body both corporate and politic, having all the powers necessary or convenient to effectuate the purposes for which it was established and the statutory provisions related thereto; and WHEREAS, the City has a substantial interest in the successful operation of the Housing Authority and wishes to provide the Housing Authority with certain administrative and legal services so as to maximize the efficiency and cost effectiveness of Housing Authority operations; and . WHEREAS,under Sections 18-2a and2b of Article XIv of the Colorado Constitution; §29- 1-203, C.R.S.; and Sec. 16 of Article II of the Fort Collins City Charter,the City and the Housing Authority are authorized to cooperate and contract with one another to provide any function,service or facility lawfully authorized to each such party with the approval of the parties' respective governing parties. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein expressed, and other good and valuable consideration,the receipt and adequacy of which is hereby acknowledged by the parties, it is agreed by and between the parties as follows: 1. Term of the Agreement. This Agreement shall be in effect from the date of its execution by the parties, until terminated as provided herein. This Agreement may be terminated by either party upon at least thirty (30)days written notice of termination given to the other party. 2. Provision of Services and/or Equipment by the City. a. Professional.Administrative and Support Services. The City may provide to the Housing Authority,at no cost to the Housing Authority,such professional,administrative and support services as the Executive Director of the Housing Authority("Executive Director")and/or the Housing Authority's Board of Commissioners (`Board of Commissioners") may from time to time request of the City Manager;provided,however,that all such services shall be subject to such limitation by the City Manager, in his or her sole discretion, as he or she may deem necessary to ensure that the provision of such services to the Housing Authority does not interfere with the provision of adequate and timely services to the City. b. Eauiument. (1) Communications Eauinment. Inordertopromotetheefficientandcost effective flow of communications to,from and within the Housing Authority,the City may provide to the Housing Authority such computer and telecommunications equipment as the Executive Director and/or the Board of Commissioners may from time to time request of the City Manager, provided, however, that all expenses incurred by the City in providing such equipment to the Housing Authority shall be fully paid by the Housing Authority on a monthly basis or as otherwise required by the City. (2) Other EqW!Rment. The Housing Authority shall also pay to the City the fair market value of any other materials or equipment provided to the Housing Authority by the City,or the actual cost incurred by the City in obtaining such materials or equipment,whichever is less. C. Legal Services. The Housing Authority shall separately procure such legal services from independent legal counsel as the Executive Director and/or the Board of Commissioners may deem necessary to ensure that the operations of the Housing Authority are conducted in a manner consistent with all pertinent federal, state and local laws, rules and regulations. In addition, the Office of the City Attorney may provide such supplementary legal services to the Housing Authority as may berequested by the Executive Director and/or the Board of Commissioners,subject to such limitation by the City Attorney as he or she may deem necessary to ensure that the provision of legal services to the Housing Authority does not interfere with the provision of adequate and timely legal services to the City. 3. Emplovment. All employees of the City providing services tothe HousingAuthority under the provisions of this Agreement shall remain employees of the City and shall not be considered to be employees or agents of the Housing Authority. The provision of such services by employees of the City shall be considered to be within the scope of employment of such employees and within the performance of their duties as City employees. 4. Accounting of Time. All employees of the City providing services to the Housing Authority under.this Agreement shall separately account for the time spent in providing such services. An accounting of such time shall annually be provided to the City Manager and the City Attorney respectively. 5. Annual Appropriation. The obligations of the City under this Agreement shall be subject to the annual appropriation of all necessary funds by the Fort Collins City Council. Page 2 of 4 6. Notices. Any notice required hereunder shall be in writing and shall be sufficient if deposited in the United States Mail,postage prepaid to: to City: City Manager City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 to Housing Authority: Executive Director Fort Collins Housing Authority 1715 West Mountain Avenue Fort Collins, CO 80521 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed on the date hereinabove written. CITY OF FORT COLLINS, COLORADO a Colorado municipal corporation By: • ATTEST: John F. Fischbach, City Manager City Clerk APPROVED TO FORM: City Attorney . Page 3 of 4 FORT COLLINS HOUSING AUTHORITY By: Julie Love, Executive Director ATTEST: Secretary APPROVED TO FORM: Attomey Page 4 of 4