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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/16/2002 - RESOLUTION 2002-040 AUTHORIZING THE MAYOR TO ENTER AGENDA ITEM SUMMARY ITEM NUMBER: 30 FORT COLLINS CITY COUNCIL DATE: April 16, 2002 STAFF: Diane Jones SUBJECT: Resolution 2002-040 Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County for the Provision of Social and Human Services for Calendar Years 2002 and 2003. RECOMMENDATION: Staff recommends adoption of the Resolution. FINANCIAL. IMPACT: Funds in the amount of$384,572 have been appropriated in the General Fund for the provision of human services in Fort Collins in 2002. Funds in the amount of$399,955 have been included in the budget for the provision of human services in Fort Collins in 2003. lip EXECUTIVE SUMMARY: This Resolution authorizes the Mayor to enter into an Intergovernmental Agreement with Larimer County for the purpose of providing social and human services to the City of Fort Collins for the 2002 and 2003 calendar years. The intergovernmental agreement allocates funds appropriated in the 2002 budget for these purposes,and provides for the use of budgeted funds in 2003,contingent upon appropriation of those funds. Since 1981, the City has contracted with Latimer County to allocate and administer the distribution of human services via the Health and Human Services Community Partnerships Program administered by the County. The provisions of this Agreement are outlined in the contract attached to the Resolution as Exhibit "A" and cover the period of January 1, 2002, to December 31, 2003. The recommended allocation of the funds among human service agencies participating in the Health and Human Services Community Partnerships Program for 2002 was developed by Latimer County's Community Partnerships Review Panel, which includes representation by City staff. Allocation of funds for 2003 will be based upon the same allocation criteria and will be subject to approval of the City Manager. This contract with Latimer County is consistent with the Human Services Policy, adopted in August of 1992, and provides for services for low-income and disabled persons throughout the City and in Larimer County. • RESOLUTION 2002-040 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR THE PROVISION OF SOCIAL AND HUMAN SERVICES FOR CALENDAR YEARS 2002 AND 2003 WHEREAS, the Board of Commissioners of Larimer County, Colorado (the "County") annually contracts with various human resource agencies to secure a wide variety of social services for the citizens of the County, including the citizens of the City of Fort Collins; and WHEREAS,the agencies employed to provide such services are under the supervision of the County which monitors compliance with such contracts and applicable project funding applications; and WHEREAS, the City of Fort Collins consults with the County with regard to individual funding applications and annually determines which services confer a direct benefit of a reasonably general character to a significant segment of the City's population,and further determines the amount of financial support which should be devoted to each; and WHEREAS, it is in the best interest of the County and the City that all funds for human services be monitored and administered by a single entity, the County; and WHEREAS, the City and County desire to enter into an agreement for calendar year 2002, and subject to appropriation of the related funds, for 2003, whereby the County will monitor and administer the funds appropriated by the City for the health and human services program, in accordance with the allocation of those funds in the agreement; and WHEREAS,the Council has appropriated for 2002 a total amount for the provision ofhuman services of Three Hundred and Eighty Four Thousand Five Hundred and Seventy Two Dollars ($384,572); and WHEREAS,included in the approved budget for 2003 is the total amount of Three Hundred and Ninety Nine Thousand Nine Hundred and Fifty Five Dollars ($399,955) for the provision of human services; and WHEREAS, the City and County have jointly established an administrative Community Partnerships Review Panel (the "Review Panel"), consisting of the seven division and department directors of Larimer County's Health and Human Services administration, and the Council Policy Manager from the City Manager's Office; and WHEREAS, the Review Panel reviews applications for health and human services funding and has proposed the allocation of funds for 2002 as set forth in Exhibit "A" to the Health and Human Services Community Partnership Program Agreement for 2002 and 2003,which is attached hereto as Exhibit "A" and incorporated herein by this reference (the "Agreement"); and WHEREAS, the Agreement allocates for 2002 a total amount of Three Hundred and Forty Six Thousand Two Hundred and Eleven Dollars($346,211)to specific payments to be disbursed by the County, Twenty Nine Thousand and Nine Hundred and Fifty Two Dollars ($29,952) for the "Emerging Issues Fund"to be allocated during the year by the Review Panel based on data collected annually by the Health and Human Services Division to guide the determination of critical and priority needs for such services in Larimer County, and subject to other requirements as set forth in the Agreement, and sets an administration fee in the amount of Eight Thousand Four Hundred and Ten Dollars ($8,410); and WHEREAS,the Agreement provides that the funds for 2003 will be disbursed by the County in specific payment amounts to be determined by the Review Panel, subject to final approval of the City Manager,including funds for the"Emerging Issues Fund"to be allocated during the year by the Review Panel, and provides for an administration fee for 2003 not to exceed 2.2% of the funds provided, or Eight Thousand Seven Hundred and Ninety Nine Dollars ($8,799); and WHEREAS, the execution of the Agreement is consistent with the City's Human Services Policy as adopted by Resolution 92-133. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the provision of social and human services, through the Health and Human Services Community Partnership Program administered by Larimer County, serves an important public purpose for the citizens of the City and that the Agreement furthers said public purpose. Section 2. That the Mayor be,and hereby is,authorized to enter into the Agreement with Larimer County for the provision of social and human services for 2002 and 2003. Passed and adopted at regular meeting of the Council of the City of Fort Collins this 16th day of April, A.D. 2002. Mayor ATTEST: City Clerk EXHIBIT "A" Health and Human Services Community Partnerships (HHSCP) Program CONTRACT THIS CONTRACT,made and entered into this day of 2002,by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter called the "City"), and THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO (hereinafter called the "County"): WITNESSETH: WHEREAS, the City desires and is able to support human services provided to the residents of the City and wishes to appropriate funds for human services; and WHEREAS, the County has an established Health and Human Services Division which is charged with the administration and monitoring of the County Health and Human Services Community Partnership Program (HHSCPP) funds;and WHEREAS, it is in the best interests of the City and the County that all such funds within the County be administered and monitored by a single entity,with the appropriate entity being the Health and Human Services Division of Latimer County, Colorado; and WHEREAS, the City desires to allocate funds to the County for the provision of human . services to City residents during calendar years 2002 and 2003 by local human service agencies (hereinafter called "subcontractors") under contract with the County. NOW,THEREFORE,in consideration of the mutual covenants herein, the parties agree as follows: 1. Term. This Contract is effective 1 January 2002, and shall continue in full force and effect for a period of twenty four (24) months thereafter and be completed on 31 December 2003. 2. County Duties. The County agrees to provide the City with the following services: (a) For the benefit of the City, the County shall contract, but as an independent contractor and not the agent of the City,with each individual subcontractor receiving City funds for the provision of human services to City residents pursuant to the agency's project proposal (hereinafter called "Project"). Each subcontract shall require that the subcontractor comply with Section 504 of the Rehabilitation Act of 1973 (29 USC 794), the Americans with Disabilities Act of 1990 (Public Law 101-336) and the Title VI and VII Civil Rights Act of 1964. The County shall require that subcontractors comply with these acts. (b) The County shall monitor all such subcontractors under contract with the County, for the benefit of the City,with respect to each Project, and administration to ensure the services are provided and administered in accordance with the 2 2002 City and County Contract Cont. subcontractor's Project. In the event the County provides any or all of the services for which it is responsible under the Contract through one or more subcontracts, the County will remain responsible for the proper performance of this Contract, and will include in any such subcontracts requirements for such insurance coverage, accounting, and audit oversight,and general subcontractor accountability as may be reasonably necessary to ensure that such services are provided in accordance with the terms of this Contract. (c) The County shall tender annual reports to the City detailing the progress of the Program. These reports shall be provided for the periods of 1 January 2002 through 31 December 2002 and 1 January 2003 through 31 December 2003 and be due by 31 March 2003 and 31 March 2004 respectively. Said reports shall include statistics on services outcomes and accounting of funds expended during the period of the Project,County Administration costs and such other information as the City may require. (d) The County shall act for the benefit of the City,but as an independent contractor and not the agent of the City,in providing technical assistance to all of the funded subcontractors receiving City funds for the purpose of providing proper and efficient services to the community. (e) The County, through its Health and Human Services Division, shall be responsible for receiving proposals and distributing City funds according to accepted Projects. (f) The County shall report the annual funding decisions of the Board of County Commissioners to the City, each year,via Attachment "A" to this Contract. 3. City Duties. The City shall provide for necessary payments as provided hereunder, subject to the appropriation by the City Council,in its discretion, of funds sufficient and intended to carry out the terms of this agreement in calendar year s2002 and 2003. The City shall pay to the County in each of 2002 and 2003 an annual payment consistent with Paragraph 4(b),below,upon receipt by the City of an invoice stating the amount of funds due and the allocation of such funds. In 2003, said payment shall be subject to final approval of the allocation of funds by the City through its City Manager,based upon the allocation criteria set forth in Paragraph 4(b). 4. Allocation of City Funds. The City funds provided hereunder shall be allocated as follows: (a) Funds in the amount of$384,572.00 shall be paid to the County for calendar year 2002, and shall be allocated and disbursed by the County in the manner set forth in Attachment"A", attached hereto and incorporated herein by this reference. (b) Funds in the amount of$399,955.00 shall be paid to the County for calendar year 2003. Up to 2.2%of these funds may be retained by the County for its costs of administration of the HHSCPP. The allocation of calendar year 2003 funds to subcontractors and to the Emerging Issues fund shall be determined by an ? 2002 City and County Contract Cont. administrative panel comprised of County and City staff professionals known as the Community Partnerships Review Panel (the "Review Panel"),based upon an evaluation of human needs in the County and the City, and the expected performance of prospective community partners in assisting to address those identified needs (the "Allocation Standard"). Said funds shall be disbursed by the County consistent with the approved allocation for calendar year 2003. 5. Emer ig^ng Issues Funds. Those funds designated as "Emerging Issues" funds shall be set aside and allocated with the approval of the Review Panel in response to needs or projects that were not reasonably foreseeable for consideration during the annual application and allocation process. Any recipient of Emerging Issues funds shall be required to comply with all requirements otherwise applicable to recipients of funds hereunder,including the execution of a written contract, submission of required reports, and cooperation with the County m its monitoring and review activities. Any Emerging Issues fund balance remaining at the end of 2002 shall roll forward into that fund for calendar year 2003;any fund balance remaining at the end of 2003 shall roll forward into the calendar year 2004 Emerging Issues fund, or,if the City and County do not enter into a new contract for the HHSCPP for calendar year 2004, such funds shall be divided by the City and the County based upon the proportion of total funds paid by each for the HHSCPP for 2003. 6. Parties Representatives. For the purposes of this Contract, the County hereby designates the Director of the Health and Human Services Division as its representative. The City designates the Deputy City Manager as its representative. 7. Conditions of this Contract. It is further agreed by and between the parties, hereto, as follows: (a) This Contract may not be enlarged,modified, or altered, except in writing, signed by the parties as an amendment hereto. (b) No waiver of any breach of this Contract shall be held or construed to be a waiver of any subsequent breach hereof. (c) This Contract 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. (d) In the event that any subcontractor receiving City funds is audited by the Federal government and deemed ineligible to receive funds because of noncompliance with Section 504, the Americans with Disabilities Act and/or the Civil Rights Act, the City shall release the County as to any loss or penalty resulting from that noncompliance and said agency shall not be provided any undistributed funds hereunder. (e) The County shall comply with the Single Audit Act of 1984 and shall furnish to the City a copy of the single audit report completed by an external auditor. Said 4 2002 City and County Contract Cont. report must be delivered to the City within thirty (30) days of its completion by the County. (I) No terms or conditions in this Contract shall constitute a waiver of any provision of the Colorado Governmental Immunity Act. 8. Notice. For the purpose of providing notice pursuant to this Contract, notice shall be deemed served on the other party when deposited postage prepaid in the United States Mail and forwarded to the following address of the parties hereto: CITY: Deputy City Manager City of Fort Collins Post Office Box 580 Fort Collins, CO 80522 COUNTY: Director, Heath and Human Services Division Latimer County Post Office Box 1190 Fort Collins, CO 80522 9. Default. Each and every term and condition of this Contract shall be deemed to be a material element of this Contract. In the event either party shall fail or refuse to perform according to the terms of this Contract, such party may be declared in default thereof. 10. Remedies Upon Default. In the event a party has been declared in default hereof, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: (a) temvnate the Contract and seek damages; (b) treat the Contract as continuing and require specific performance; or (c) avail itself of any other remedy at law or equity. In any action brought to enforce the provisions hereof, the prevailing party shall be entitled to recover its costs and reasonable attorney fees. 5 2002 City and County Contract Cont. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement, this day of 12002. CITY OF FORT COLLINS, COLORADO A;Municipal Corporation Ray Martinez, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney . BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO Glen W. Gibson, Chair ATTEST: County Clerk APPROVED AS TO FORM: Assistant County Attorney Attachment "A" to the Contract 2002 FUND ALLOCATION Agency/program Total Fort Collins Larimer County Funds Funds Alternatives to Violence $6,460 $1,873 $4,587 BASE Camp $8,420 $6,315 $2,105 Boys & Girls Club $5,000 $0 $5,000 CASA $8,980 $6,735 $2,245 Catholic Charities Northern $22,420 $16,815 $5,605 Childrens Clinic $22,580 $16,935 $5,645 Colorado Legal Services $15,880 $11,910 $3,970 Crossroads Safehouse $19,030 $14,273 $4,758 Dial A Ride $8,480 ' $0 $8,480 DRS Case Management $15,750 $11,813 $3,938 DRS Community Assist Program $5,000 $3,750 $1,250 Education & Life Training Center $17,400 $13,050 $4,350 Elderhaus $13,760 $10,320 $3,440 The Family Center/La Familia $16,200 $12,150 $4,050 FirstCall Service Net $24,990 $18,743 $6,248 Food Bank of Larimer County $18,800 $14,100 $4,700 Island Grove Regional Treatment Center $41,500 $31 ,125 $10,375 Longs Peak Energy Conservation $7,650 $5,738 $1,913 . Neighbor to Neighbor $13,390 $10,043 $3,348 Partners $10,510 $7,883 $2,628 Project Self-Sufficiency $25,870 $19,403 $6,468 Respite Care $15,880 $11,910 $3,970 RVNA Home Care $12,600 $9,450 $3,150 Salud Clinic $11,140 $0 $11,140 Sunshine School $8,590 $6,443 $2,148 United Day Care Center $26,500 $19,875 $6,625 VICTIM ADVOCACY $17,330 $8,665 $8,665 VOA/ Home Meals $16,100 $8,050 $8,050 VOA/ RSVP $4,730 $3,548 $1,183 Women's Ctr Childcare Ref $5,250 $3,938 $1,313 Women's Ctr Health & Dental $7,350 $5,513 $1,838 Childcare Incentive $9,800 $7,350 $2,450 Alcohol & Drug Services RFP $38,000 $28,500 $9,500 Total Subcontracted Funds $501,340 $346,211 $155,129 Emergent Issues $32,718 $29,952 $2,767 Administration (based on 2.2%) $12,014 $8,410 $3,604 • Total.Funds Allocated $546,072 $384,572 $161,500