HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 06/23/2020 - ADJOURNED MEETINGCity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Kristin Stephens, District 4, Mayor Pro Tem City Hall West
Susan Gutowsky, District 1 300 LaPorte Avenue
Julie Pignataro, District 2 Fort Collins, Colorado
Ken Summers, District 3
Ross Cunniff, District 5 Cablecast on FCTV Channel 14
Emily Gorgol, District 6 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney City Manager City Clerk
Adjourned Meeting
June 23, 2020
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CALL MEETING TO ORDER
ROLL CALL
1. Emergency Ordinance No. 084, 2020, Appropriating Prior Year Reserves in the General Fund for the
Non-Congregate Shelter Program (staff: Sue Beck-Ferkiss; 10 minute presentation, 20 minute
discussion)
This item meets the following COVID-19 emergency priorities for being on the Council agenda
because it impacts the immediate health and safety of high-risk individuals experiencing
homelessness:
Priority 1- Urgent items specifically related to COVID-19 activities that are critical in nature and
must receive Council consideration as soon as possible.
The purpose of this item is to appropriate unanticipated funding up to the amount of $420,000 from
General Fund reserves to establish a non-congregate shelter program for persons experiencing
homelessness that are at risk for COVID-19 due to age or underlying health conditions. Emergency
ordinances are authorized under the Charter in emergency circumstances and require the
affirmative vote of at least five (5) members of the Council for passage.
2. Resolution 2020-059 Approving an Intergovernmental Agreement with Larimer County for the
Allocation and Distribution of Coronavirus Relief Fund, CARES Act, Title V. (staff: SeonAh
Kendall; 10 minute presentation, 30 minute discussion)
The purpose of this item is to authorize the City Manager to enter into an intergovernmental
agreement (IGA) with Larimer County and seven other municipalities relating to the distribution of
Coronavirus Relief Fund (CVRF) also known as the CARES Act, Title V funds. The IGA will
memorialize the terms of the CVRF allocation disbursement, roles and responsibilities and
reimbursement process.
3. Resolution 2020-060 Establishing an Ad Hoc Community Impact Committee to Develop Policy,
Funding and Program Recommendations to Ensure a Safe and Equitable Community for All.
(staff: Darin Atteberry; no presentation, 30 minute discussion)
The purpose of this item is to establish a Council Ad Hoc committee to address recent national and
local concerns and initiatives calling for reallocation of budget dollars from traditional police services,
consider desired trends for the 2021 budget, and ensure the City is creating an environment that
provides safety and equality for all residents. The Committee’s scope of work will be determined and
defined in initial meetings.
4. Staff Report: July 4th Activities (staff: Aaron Harris)
OTHER BUSINESS
A. Consideration of a motion to schedule a Special Meeting at 6:00 p.m., Tuesday, July 14, 2020.
“I move, pursuant to Section 2-29(a) of the City Code, that the Council call a special meeting of
the Council to take place on Tuesday, July 14, 2020, at 6:00 p.m. for consideration of a possible
motion to go into executive session for legal advice.”
ADJOURNMENT
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY June 23, 2020
City Council
STAFF
Sue Beck-Ferkiss, Social Policy and Housing Program Manager
Beth Sowder, Director of Social Sustainability
Jackie Kozak-Thiel, Chief Sustainability Officer
Chris Van Hall, Legal
SUBJECT
Emergency Ordinance No. 084, 2020, Appropriating Prior Year Reserves in the General Fund for the Non-
Congregate Shelter Program
EXECUTIVE SUMMARY
This item meets the following COVID-19 emergency priorities for being on the Council agenda because it
impacts the immediate health and safety of high-risk individuals experiencing homelessness:
• Priority 1- Urgent items specifically related to COVID-19 activities that are critical in nature and must
receive Council consideration as soon as possible.
The purpose of this item is to appropriate unanticipated funding up to the amount of $420,000 from General
Fund reserves to establish a non-congregate shelter program for persons experiencing homelessness that are
at risk for COVID-19 due to age or underlying health conditions. Emergency ordinances are authorized under
the Charter in emergency circumstances and require the affirmative vote of at least five (5) members of the
Council for passage.
STAFF RECOMMENDATION
Staff recommends adoption of the Emergency Ordinance.
BACKGROUND / DISCUSSION
The State of Colorado issued an Emergency Disaster Declaration related to COVID-19 on March 11, 2020.
The Order strongly urged governments to make shelter available to people experiencing homelessness as
soon as possible and to the maximum extent practicable. This advice was reiterated in the Sixth Amended
Public Health Order from the Colorado Department of Public Health and Environment (CDPHE) dated June 5,
2020.
Beginning in March 2020, the City and community partners, such as Homeward Alliance, the Health District of
Larimer County, Catholic Charities, Fort Collins Rescue Mission and others, increased shelter capacity for
persons experiencing homelessness (PEH) to allow for physical distancing in response to the COVID-19
pandemic. Because the number of people accommodated at the two year-round shelters provided by Catholic
Charities and the Fort Collins Rescue Mission were reduced by half their typical capacity, a congregate shelter
was established at Northside Aztlan Community Center (NACC) and an outdoor shelter was established at Old
Heritage Park for the duration of the Statewide Stay-at-Home order. The temporary outdoor shelter was closed
on April 29, 2020. The congregate shelter at NACC is scheduled to close on June 19, 2020.
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Agenda Item 1
Item # 1 Page 2
Council has been kept informed about these emergency operations. At the May and June meetings, Council
discussed various options for providing shelter to PEH during this continuing pandemic while recognizing the
need to return the NACC to on-going programing. Staff was directed to explore alternative sites for congregate
shelter and to explore non-congregate shelter options using hotels for the most susceptible PEH including
those over 65 years old and/or with underlying health conditions. Staff has consulted with other communities
offering this type of shelter, local providers, and vendors. Based on these conversations, staff has planned a
program for up to 50 hotel rooms for a three-month duration (to start) at an estimated cost of $420,000. Staff
expects that more than 50 people may be served because some rooms may be used more than once if a
resident is housed, for instance, or for more than one person when it is appropriate to house more than one
person in a single room: for example, one of the at-risk people currently identified is a grandmother who has a
care giver, and so both would likely be housed in the same room.
It is currently uncertain whether Fort Collins will be reimbursed for the costs associated with the non-
congregate shelter program. On June 8, the City applied to FEMA for preapproval to give the City the most
opportunities for reimbursement for a non-congregate shelter program providing up to 50 hotel rooms for
approximately three months. The request was approved on June 12, 2020, however pre-approval does not
obligate specific FEMA reimbursement. (Attachment 1). Although the City’s eligibility for reimbursement is
currently unclear, the City will continue to comply with applicable Federal Uniform Guidance requirements to
obtain reimbursement to the greatest extent possible. This will allow the City the greatest flexibility in obtaining
reimbursement from various federal sources including FEMA and CARES Title V - Coronavirus Relief Funds.
Staff has been working with community partners and the City’s Purchasing department on the most
expeditious way to set up this program. While the program will not be in place by June 19, the expected date of
the closure of NACC for shelter services, staff and community partners expect it to be in place before Council’s
next regular scheduled meeting on July 21, 2020. By passing the Appropriation Ordinance now as an
emergency ordinance, the program can start as soon as vendors are selected, which is consistent with the
June 5 CDPHE order to provide shelters as soon as possible. The City plans to seek a partner to oversee the
operation, a hotel partner to provide lodging and a security partner to increase safety for participants and the
facility.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $420,000 of General Fund Reserves to be pledged to support a non-
congregate shelter program for PEH. The City will seek reimbursement for costs associated with the shelter
under CARES Title V - Coronavirus Relief Funds or any other appropriate and available source, although the
extent to which the City will be reimbursed is still uncertain. As reimbursement occurs, the funds will revert to
the General Fund.
PUBLIC OUTREACH
Council has been briefed regularly on COVID-19 responses since March. The option for non-congregate
shelter using hotels was publicly discussed at Council meetings in May and June.
ATTACHMENTS
1. FEMA Approval Letter (PDF)
2. Powerpoint Presentation (PDF)
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June 12, 2020
Sue Beck-Ferkiss, Social Policy and Housing Program Manager
City of Ft. Collins
sbeckferkiss@fcgov.com
Dear Sue,
This is in response to your letter dated June 5, 2020 requesting that the State
Non-Congregate Shelter Approval Team approve emergency, non-congregate sheltering
(Emergency NCS) activities under the US Department of Homeland Security’s Federal Emergency
Management Agency (FEMA)Public Assistance (PA) program to Ft. Collins based on the
parameters set forth in your letter.
Specifically, your letter requests approval for Emergency NCS to include shelter missions for
eligible subrecipients. In accordance with section 403 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, eligible emergency protective measures taken to respond to
the referenced Coronavirus Disease 2019 (COVID-19) disaster, at the direction or guidance of
state, local, tribal, and territorial public health officials, may be reimbursed under Category
B of FEMA’s PA program if necessary to save lives, protect improved property, or public health
and safety, and/or lessen or avert the threat of catastrophes.
Based on our review of your request and supporting documentation and information
provided, we are approving your request for Emergency NCS activities for 50 rooms
subject to the conditions and limitations set forth below. This approval applies to the date
that you began/begin expending funds on the non-congregate sheltering mission and
expires on the date that the NCS approval from FEMA expires.
The Emergency NCS will be implemented by the County and their eligible subrecipients
pursuant to the Governor’s Executive Order 20-28 Safer at Home Order, effective April 27,
2020, and updated June 2, 2020.
Our approval of the County’s request for PA funding for costs related to Emergency NCS
includes the populations identified below. Our approval of the County’s request is subject to
ATTACHMENT 1
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Attachment: FEMA Approval Letter (9220 : Appropriation for Non-congregate Shelter Program)
and conditioned by the following: State of Colorado Non-Congregate Shelter Request,
FEMA-4498-DR-CO April 9, 2020.
FEMA will reimburse Emergency NCS costs incurred for:
● Individuals who test positive for COVID-19 that do not require hospitalization, but need
isolation or quarantine (including those exiting from hospitals);
● Individuals who have been exposed to COVID-19 (as documented by a state or local
public health official, or medical health professional) that do not require
hospitalization, but need isolation or quarantine; and
● Individuals who are at “high-risk,” such as people over 65 or who have certain
underlying health conditions (per CDC Guidelines, such as respiratory, compromised
immunities, chronic disease), and who require Emergency NCS as a social distancing
measure.
● Our approval does not currently include the reimbursement of costs for the sheltering
of asymptomatic individuals that are not among the populations identified above, and
whose living situation may make them unable to adhere to social distancing guidance.
● Our approval includes the provision of wrap-around services directly necessary for the
safe and secure operation of NCS facilities. However, activities and costs associated
with the provision of support services such as case management, mental health
counseling, and similar services are not eligible for reimbursement under the PA
program.
Our approval is limited to costs that are reasonable and necessary for providing Emergency
NCS to eligible individuals (as identified in bullet point 1 above).
1. In this regard, please note that FEMA does not mandate that the State and
subrecipients pursue a specific option or options for temporary facilities to be used for
Emergency NCS, but FEMA will only approve PA funding for cost-effective and
practical options.
2. Our approval is limited to the activities and costs associated with sheltering individuals
through July 8, 2020, unless the public health needs terminate earlier. The State must
obtain FEMA’s approval for any time extensions, which must include a re-assessment of
the continuing need for Emergency NCS from a State or Local public health official, as
well as a detailed justification for the continuing need for Emergency NCS.
3. Our approval is limited to the provision and operation of facilities for Emergency NCS
and does not include the approval for the conversion of facilities for the provision of
emergency medical care. Alternative Care Sites must be addressed separately.
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Attachment: FEMA Approval Letter (9220 : Appropriation for Non-congregate Shelter Program)
4. Our approval does not obligate specific funding. Funding requests will be subject to PA
program eligibility guidance, including the Emergency NCS guidance, to include Fact
Sheets, issued by FEMA. 1 Public Assistance Program and Policy Guide, FP 104-009-2,
at 67 (April 1, 2018) (PAPPG). See also 2 C.F.R §§ 200.403 and 200.404. 2 PAPPG, at
67. State of Colorado Non-Congregate Shelter Request, FEMA-4498-DR-CO April 9, 2020
Additionally, please ensure attention to the following considerations in your implementation
of Emergency NCS activities:
1. The State and subrecipients must follow FEMA’s Procurement Under Grants Conducted
Under Exigent or Emergency Circumstances guidance and include a termination for
convenience clause in its contracts for sheltering and related services, such as food,
security, and care for those with disabilities or access and functional needs.
2. FEMA will not approve PA funding that duplicates funding by another federal agency,
including the U.S. Department of Health and Human Services, Centers for Disease
Control and Prevention, or U.S. Department of Housing and Urban Development.
3. FEMA encourages the development and use of shelter intake and transition plans for
each shelter operation. Technical assistance is available upon request from the State.
4. Each subrecipient must submit a Request for Public Assistance and submit shelter cost
analysis and required shelter data through Grants Portal once a shelter has been
identified.
5. All entities engaging in shelter missions who plan to seek FEMA reimbursement must
comply with, and enable FEMA to comply with, applicable environmental and historic
preservation laws, regulations, and executive orders or funding may be jeopardized. 4
FEMA assistance is available to assess potential sites. FEMA encourages the State and
subrecipients to contact FEMA Environmental and Historical Preservation (EHP) staff at
FEMA-R8EHP@fema.dhs.gov for an EHP compliance review of identified shelters.
The subrecipients will need to maintain tracking mechanisms to provide sufficient data
and documentation to establish the eligibility of Emergency NCS costs for which it is
requesting PA funding (including the need for non-congregate sheltering of each
individual, length of stay, and costs).
Based on the guidelines above and by FEMA, the Applicant needs to provide sufficient
documentation, including the following information:
• Specific reason for NCS need for each individual sheltered (see three points for
eligibility above)
• Length of stay for each individual sheltered
• Age of each individual sheltered
• If applicable, number of meals provided for each individual sheltered
• If applicable, number of individuals with access or functional needs sheltered
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Attachment: FEMA Approval Letter (9220 : Appropriation for Non-congregate Shelter Program)
• If applicable, number of household pets sheltered; number of assistance and service
animals sheltered; and type of shelter provided for animals as stand-alone, co-located,
co-habitational
• Description of services provided to sheltered individuals, delineating between
eligible services for reimbursement and non-eligible services for reimbursement
• Tracking of costs associated with the reimbursable activities
As with any activity, lack of sufficient support documentation may result in FEMA determining
that some or all of the claimed costs are ineligible. If you have any additional questions
regarding reimbursement, please contact CDPS_DR4498@state.co.us
We are also required to track NCS numbers weekly for FEMA situational awareness. The
spreadsheet that is attached is the information we are collecting for each facility. Please
email CDPS_DR4498@state.co.us with an updated spreadsheet every Wednesday by close of
business (COB) (5pm).
Sincerely,
Charlotte Olsen and
The State Non-Congregate Shelter Review Team
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Attachment: FEMA Approval Letter (9220 : Appropriation for Non-congregate Shelter Program)
June 23, 2020
Appropriation for Non-congregate Shelter Program
Sue Beck-Ferkiss
ATTACHMENT 2
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Attachment: Powerpoint Presentation [Revision 1] (9220 : Appropriation for Non-congregate Shelter
Emergency Response for PEH
• March 2020 - Statewide Emergency Declaration declared
• Physical distancing required to contain spread of COVID-19
• Two year-round shelters had to decrease on-site capacity
• Remote locations used to expand capacity
• Stay-at-Home lifted – NACC open thru June 19
• Post June 19
• At-risk population due to age or underlying medical condition primary
concern based on CDC recommendations
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Attachment: Powerpoint Presentation [Revision 1] (9220 : Appropriation for Non-congregate Shelter
Strategic Alignment
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STRATEGIC ALIGNMENT
Neighborhood Livability & Social Health 1.2
Collaborate with other agencies…to make homelessness
rare, short-lived and non-recurring.
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Attachment: Powerpoint Presentation [Revision 1] (9220 : Appropriation for Non-congregate Shelter
Tonight’s Appropriation
Tonight’s purpose:
• Appropriate up to $420,000
• Source – General Fund
Reserves
• For a non-congregate hotel
shelter program
• 90-day program (could be
extended if $ and need)
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• Program includes
• Hotel
• Services -
project oversight
• Security
• Housing surge parallel
process to house
participants
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Attachment: Powerpoint Presentation [Revision 1] (9220 : Appropriation for Non-congregate Shelter
Program Outline
Plan for 90-day program
• Month one – up to 25 rooms with services
• Gear up and establish systems
• Month two – up to 50 rooms with services
• Maximize housing navigation
• Month three – up to 25 rooms with service
• Expect some participants to be housed
• Focus activities on remaining participants
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Attachment: Powerpoint Presentation [Revision 1] (9220 : Appropriation for Non-congregate Shelter
Appropriation Requested
Preliminary Budget – not too exceed $420,000
Procurement process:
• Competitive process to increases chance of reimbursement
• FEMA Pre-approval received from State 6/12/2020
• Other potential funding sources:
• CDBG-CV
• CARES Title V – Coronavirus Relief Funds
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Attachment: Powerpoint Presentation [Revision 1] (9220 : Appropriation for Non-congregate Shelter
Next Steps
• If adopted, start Non-congregate Hotel Shelter Program
• Finalize procurement process
• Aiming for early July start
• Coordinate and finalize partner contributions
• Concurrent Efforts
• Shelter operations adapted
• Continue to seek new location for Congregate Shelter
• Rapid rehousing housing surge
• Homeless Services and Housing Options Committee
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Attachment: Powerpoint Presentation [Revision 1] (9220 : Appropriation for Non-congregate Shelter
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EMERGENCY ORDINANCE NO. 084, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND
FOR THE NON-CONGREGATE SHELTER PROGRAM
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19); and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business
therein, and in order to attempt to minimize the loss of human life and the preservation of
property, the City Manager, as the Director of the City’s Office of Emergency Management,
proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and
activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code;
and
WHEREAS, the prevention and management of exposure to COVID-19 and mitigation of
related impacts of all kinds continue to require emergency action by the City and continued
social distancing in order to reduce its transmission; and
WHEREAS, the City Council has, with the adoption of Resolution 2020-030, extended
the City Manager’s proclamation of local emergency; and
WHEREAS, the State of Colorado declared its first Emergency Disaster Declaration
related to COVID-19 on March 11, 2020; and
WHEREAS, as part of its Sixth Amended Public Health Order dated June 5, 2020, from
the Colorado Department of Public Health and Environment (CDPHE) strongly urges
governments to make shelter available to people experiencing homelessness as soon as possible
and to the maximum extent practicable; and
WHEREAS, this emergency ordinance is meant to further the City’s emergency response
related to COVID-19 consistent with the State’s June 5th order by providing shelter to people
experiencing homelessness as soon as possible; and
WHEREAS, this appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose of mitigating the transmission of COVID-19
amongst high risk individuals that are currently experiencing homelessness by providing non-
congregate shelters consistent with CDPHE’s June 5, 2020 order; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to appropriate by ordinance at any time during the fiscal
year such funds for expenditure as may be available from reserves accumulated in prior years,
notwithstanding that such reserves were not previously appropriated; and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the General
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Fund and will not cause the total amount appropriated in the General Fund to exceed the current
estimate of actual and anticipated revenues to be received in that Fund during this fiscal year;
and
WHEREAS, Article II, Section 6 of the City Charter authorizes the Council to adopt
emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at
least five members of the Council and which shall contain a specific statement of the nature of
the emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the General Fund
the sum of FOUR HUNDRED TWENTY THOUSAND DOLLARS ($420,000) for expenditure
in the General Fund for the Non-Congregate Shelter Program.
Section 3. That the City Clerk is hereby directed to cause the publication of this
Emergency Ordinance in accordance with the Fort Collins City Charter.
Introduced, considered favorably by at least five (5) members of the Council of the City
of Fort Collins and finally passed as an emergency ordinance and ordered published this 23rd
day of June, 2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY June 23, 2020
City Council
STAFF
Darin Atteberry, City Manager
SeonAh Kendall, Economic Health Manager
SUBJECT
Resolution 2020-059 Approving an Intergovernmental Agreement with Larimer County for the Allocation and
Distribution of Coronavirus Relief Fund, CARES Act, Title V.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the City Manager to enter into an intergovernmental agreement (IGA)
with Larimer County and seven other municipalities relating to the distribution of Coronavirus Relief Fund
(CVRF) also known as the CARES Act, Title V funds. The IGA will memorialize the terms of the CVRF
allocation disbursement, roles and responsibilities and reimbursement process.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On May 18, 2020, Governor Polis signed Executive Order D2020 070 directing the expenditure of federal
funds received by the state pursuant to the Coronavirus Aid, Relief, and Economic Security Act of 2020 (the
CARES Act). The CARES Act established the Coronavirus Relief Fund (CVRF) to assist local governments in
Colorado that did not get direct distribution of funds in the CARES Act with expenses to facilitate compliance
with COVID-19-related public health measures. CVRF allows local governments to receive reimbursement for
necessary expenditures that were not accounted for in the most recent local government budget and were
incurred as of March 1 due to the COVID-19 public health emergency.
The Colorado Department of Local Affairs (DOLA) has developed process guidelines for the distribution of
CVRF. A requirement of the funding allocation is for municipalities and their respective counties to collaborate
on how the total amount allocated per county for all municipal and county reimbursements will be distributed
and utilized. The IGA details this requirement between Larimer County, the City, Loveland, Estes Park,
Timnath, Berthoud, Windsor, Wellington and Johnstown.
CARES CVRF Timeline
CVRF Opt-In Period w/ DOLA June 3, 2020 - July 7, 2020
Collaborative Negotiation of Allocation Now
Signed IGA Before June 30, 2020
DOLA Opt-In Application No later than July 7, 2020
CVRF Priorities Assessment Now
Council Finance Committee July 20, 2020
City Council August 4, 2020
Reimbursement for CVRF City-Incurred Costs Eligible through December 30, 2020
Allocation Agreement Expiration March 31, 2021
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Agenda Item 2
Item # 2 Page 2
CITY FINANCIAL IMPACTS
A future ordinance in August 2020 allocating the City’s distribution of CVRF will be forthcoming (see timeline
above).
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RESOLUTION 2020-059
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY,
LARIMER COUNTY, AND OTHER MUNICIPALITIES WITHIN LARIMER COUNTY
FOR THE ALLOCATION AND DISTRIBUTION OF CORONAVIRUS RELIEF FUND,
CARES ACT, TITLE V FUNDS
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19); and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business
therein, and in order to attempt to minimize the loss of human life and the preservation of
property, the City Manager, as the Director of the City’s Office of Emergency Management,
proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and
activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code;
and
WHEREAS, Larimer County (the “County”) and the City of Fort Collins, the City of
Loveland, the Town of Estes Park, the Town of Timnath, the Town of Berthoud, the Town of
Windsor, the Town of Wellington and the Town of Johnstown (collectively, the
“Municipalities”) have expended significant effort and funds to protect the community from the
impacts of COVID-19 and to slow its spread: and
WHEREAS, the emergence and rapid spread of COVID-19 was unexpected and local
governments could not have adequately budgeted for such expenses; and
WHEREAS, efforts, including recovery efforts, to slow the spread of COVID-19 and
protect the community are ongoing and will require the additional expenditure of time and funds;
and
WHEREAS, On May 18, 2020, Governor Polis signed Executive Order D2020 070
directing the expenditure of federal funds received by the state pursuant to the Coronavirus Aid,
Relief, and Economic Security Act of 2020 (the “CARES Act”); and
WHEREAS, the CARES Act established the Coronavirus Relief Fund to assist local
governments in Colorado that did not get direct distribution of funds in the CARES Act with
expenses to facilitate compliance with COVID-19-related public health measures; and
WHEREAS the State of Colorado appropriated $30,617,332.00 of CARES Act funds
(the “CARES Act Funds”) to the County and the Municipalities to reimburse these unbudgeted
expenses through the Department of Local Affairs which will administer funding through a
reimbursement program for verified, eligible expenses; and
WHEREAS, the County and the Municipalities recognize that it is in the best interest of
Larimer County communities to work cooperatively to ensure that all of the County allocation of
CARES Act Funds is applied for the benefit of County residents rather than allowing such funds
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to remain unspent and revert to the state-wide reserve fund pool for reallocation elsewhere in the
state; and
WHEREAS, the County and the Municipalities have a successful track record of working
together for the benefit of the community and seek to divide the CARES Act Funds pursuant to
that certain Memorandum of Understanding Related to Distribution of Cares Act Funds (the
“MOU”), a draft of which is attached as Exhibit “A” and incorporated herein by reference; and
WHEREAS, as Colorado governmental entities, the County and Municipalities are each
authorized, pursuant to C.R.S. §29-1-203, to cooperate or contract with one another to acquire or
provide any government function, service, or facility lawfully authorized to each; and
WHEREAS, the City Council has determined that the MOU is in the best interests of the
City and its citizens to accomplish the purposes set forth therein, and that the City Manager
should be authorized to execute the MOU between the County and the Municipalities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals above.
Section 2. That the City Council hereby approves the MOU in substantially the form
attached hereto as Exhibit “A” and authorizes the City Manager, in consultation with the City
Attorney and consistent with this Resolution, to finalize the MOU and its exhibits and execute it
on behalf of the City.
Section 3. That in addition, the City Manager is authorized, during the term of the
IGA and in consultation with the City Attorney, to approve and execute such amendments to the
IGA as the City Manager determines to be reasonably necessary and appropriate to: (a) protect
the City’s interests or to effectuate the purposes of this Resolution; (b) provide a benefit to the
City; and (c) limit the City’s financial obligation to expenditure of funds already appropriated
and approved by Council or conditioned upon such appropriation .
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
23rd day of June, A.D. 2020.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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MEMORANDUM OF UNDERSTANDING RELATED TO DISTRIBUTION OF
CARES ACT FUNDS
This Memorandum of Understanding for Funding related to the distribution of CARES
Act Title V funds (“Agreement”) is made and effective on ____________________, 2020, by
and among the Board of County Commissioners of Larimer County, Colorado (referred to as
“County”), and the City of Fort Collins, Colorado, the City of Loveland, Colorado, the Town of
Estes Park, Colorado, the Town of Timnath, Colorado, the Town of Berthoud, Colorado, the
Town of Windsor, Colorado, the Town of Wellington, Colorado, and the Town of Johnstown,
Colorado (individually referred to as “Municipality” or collectively as “Municipalities”). (The
County and Municipalities will jointly be referred to as the “Parties.”)
I. RECITALS
A. The novel coronavirus referred to as COVID-19 has been declared a worldwide
pandemic. National, state, and local emergencies have been declared as a result of
COVID-19.
B. All of the Parties, as local governmental entities, have expended significant effort and
funds to protect the community from the impacts of COVID-19 and to slow its
spread.
C. Efforts to slow the spread and protect the community are ongoing and will require
continued time and funding. Recovery efforts are also ongoing and will require the
additional expenditure of time and funds.
D. The emergence and rapid spread of COVID-19 was unexpected and unable to be
predicted. Therefore, local governments could not have adequately budgeted for such
expenses.
E. The State of Colorado is appropriating $30,617,332.00 of CARES Act funding to
Larimer County local governments to reimburse these unbudgeted expenses through
the Department of Local Affairs (“DOLA”).
F. The State of Colorado has designated DOLA as the fiscal agent for the funding which
will be administered as a reimbursement program following eligibility verification
performed by DOLA for the expenses.
G. All parties recognize that it is in the best interest of the Larimer County community to
work cooperatively to ensure that all of the Larimer County allocation is applied to
the benefit of Larimer County residents rather than allowing the funds to remain
unspent and revert to the state-wide reserve fund pool for reallocation elsewhere in
the state.
H. The criteria for eligibility will be as prescribed in the CARES Act and rules which
may be revised from time to time
I. The Parties wish to agree on how to divide the appropriated funds for the good of the
community.
J. The Parties have a successful track record of working together for the benefit of the
community.
EXHIBIT A
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Attachment: Cares Act IGA with Larimer County (9230 : CARES Act IGA with Larimer County-RES)
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K. County and Municipalities are authorized pursuant to Article XIV, Section 18 of the
Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, and
pursuant to their home-rule authority, as applicable, to enter into agreements for the
purpose of providing any service or performing any function which they can perform
individually.
II. CONSIDERATION
NOW, THEREFORE, in consideration of the covenants and obligations herein expressed,
the County and Municipalities each agree as follows.
III. TERMS AND CONDITIONS
A. Commencing as of the date set forth above and continuing until such time as the
CARES Act funding allocated hereunder either has been fully disbursed to the Parties
by DOLA or has reverted to the state-wide reserve fund pool for reallocation, the
Parties agree to the following in relation to the CARES Act funds.
B. The obligations of the County and Municipalities to commit or expend funds are
subject to and conditioned on the receipt of the CARES Act funds.
C. The funds will be distributed among the parties as outlined in Exhibit A, which is
attached hereto and incorporated herein. Exhibit A contains the total estimated
current and projected expenses by each unit of local government in order to establish
intended “drawdown” of funds.
D. Each Party is individually responsible for completing all activities necessary to
become eligible to receive reimbursement from the CARES Act funds, including
“opting in” to establish an account in the DOLA system for administering CARES
Act funds. If a Party fails to complete such necessary activities, such Party may not
be eligible for distribution of the funds.
E. Each Party, at its sole discretion, may use the funds allocated to it in any manner
appropriate under the CARES Act as administered by DOLA and assumes
responsibility for ensuring the funds are only used for eligible expenses as determined
by DOLA under the CARES Act criteria.
F. Each Party will assume responsibility for covering its own costs until such time as
reimbursement is received from DOLA and assumes its own risk that such
reimbursement may not occur. No Party will have any expectation that other Parties
to this Agreement will be providing any CARES act funds to another. Each party is
liable for its own spending.
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Attachment: Cares Act IGA with Larimer County (9230 : CARES Act IGA with Larimer County-RES)
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G. Any parties may seek partners on projects eligible for CARES Act reimbursement,
whether or not from among the other Parties to this Agreement. Any party may seek
to reallocate its funds to or from another eligible CARES Act participant as part of a
separate cooperative agreement. No Party is under any obligation to participate in any
such cooperative projects.
H. The parties will confer in early September 2020 to share information about the
progress of each Party’s application of the funds to beneficial use in the community
and to consider an adjustment to the allocations in the event a Party does not
reasonably expect to utilize all of that Party’s allocated funds.
I. Each Party will keep an appropriate accounting of the expenditure of funds sufficient
to meet the needs of DOLA and their own accounting practices, and any other
applicable CARES Act requirements.
J. This Agreement is to be construed according to its fair meaning and as if prepared by
all parties hereto and is deemed to be and contain the entire understanding and
agreement between the parties hereto. There shall be deemed to be no other terms,
conditions, promises, understandings, statements, or representations, expressed or
implied, concerning this Agreement unless set forth in writing and signed by the
Parties hereto.
K. This Agreement cannot be modified except in writing signed by all Parties.
L. This Agreement will be governed by and its terms construed under the laws of the
State of Colorado. Venue for any action shall be in Larimer County, State of
Colorado.
M. Nothing contained herein is deemed or should be construed by the Parties or by any
third party as creating the relationship of principle and agent, a partnership or a joint
venture between the Parties, or an employment relationship between the Parties.
N. This Agreement is made for the sole and exclusive benefit of County and
Municipalities, their successors and assigns, and it is not made for the benefit of any
third party.
O. If any term or condition of this Agreement is held to be invalid by final judgment of
any court of competent jurisdiction, the invalidity of such a term or condition, will not
in any way affect any of the other terms or conditions of this Agreement, provided
that the invalidity of any such term or condition does not materially prejudice any
Party in their respective rights and obligations under the valid terms and conditions of
this Agreement.
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Attachment: Cares Act IGA with Larimer County (9230 : CARES Act IGA with Larimer County-RES)
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P. No Party will be deemed in violation of this Agreement if prevented from performing
any of its respective obligations hereunder by reason of strikes, boycotts, labor
disputes, embargoes, shortage of energy or materials, acts of God, acts of public
enemies, acts of superior governmental authorities, weather conditions, rights,
rebellions, sabotage, or any other circumstances for which it is not responsible or that
are not within its control.
Q. Notification to Parties to this Agreement shall be made to the U.S. mail addresses or
to the electronic email addresses listed on Exhibit B.
R. This Agreement may be signed by the Parties in counterpart.
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Attachment: Cares Act IGA with Larimer County (9230 : CARES Act IGA with Larimer County-RES)
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BOARD OF COUNTY COMMISSIONERS OF
LARIMER COUNTY, COLORADO
By: _____________________________________
Title: ____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
County Attorney
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Attachment: Cares Act IGA with Larimer County (9230 : CARES Act IGA with Larimer County-RES)
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CITY OF FORT COLLINS, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
City Attorney
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Attachment: Cares Act IGA with Larimer County (9230 : CARES Act IGA with Larimer County-RES)
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CITY OF LOVELAND, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
City Attorney
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Attachment: Cares Act IGA with Larimer County (9230 : CARES Act IGA with Larimer County-RES)
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TOWN OF ESTES PARK
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
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Attachment: Cares Act IGA with Larimer County (9230 : CARES Act IGA with Larimer County-RES)
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TOWN OF TIMNATH, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
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TOWN OF BERTHOUD, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
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Attachment: Cares Act IGA with Larimer County (9230 : CARES Act IGA with Larimer County-RES)
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TOWN OF WINDSOR, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
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Attachment: Cares Act IGA with Larimer County (9230 : CARES Act IGA with Larimer County-RES)
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TOWN OF WELLINGTON, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
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Attachment: Cares Act IGA with Larimer County (9230 : CARES Act IGA with Larimer County-RES)
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TOWN OF JOHNSTOWN, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
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Attachment: Cares Act IGA with Larimer County (9230 : CARES Act IGA with Larimer County-RES)
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EXHIBIT “A”
Party % of Allocation Allocation Amount
Larimer County, Colorado 50.00% $15,308.666
City of Fort Collins, Colorado 29.45% $9,015,692
City of Loveland, Colorado 13.64% $4,177,151
Town of Berthoud, Colorado 1.55% $475,349
Town of Estes Park, Colorado 1.11% $340,307
Town of Johnstown, Colorado 0.26% $79,913
Town of Timnath, Colorado 0.86% $262,512
Town of Windsor, Colorado 1.32% $405,021
Town of Wellington, Colorado 1.81% $552,720
TOTAL 100.00% $30,617,332
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Attachment: Cares Act IGA with Larimer County (9230 : CARES Act IGA with Larimer County-RES)
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EXHIBIT “B”
To County:
County Manager
Larimer County, Colorado
P.O. Box 1190
Fort Collins, CO 80522
Email: hoffmalc@co.larimer.co.us
To Fort Collins:
City Manager
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
Email: datteberry@fcgov.com
With copy to:
City Attorney
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
To Loveland:
City Manager
City of Loveland
500 East 3
rd
Street, Suite 330
Loveland, CO 80537
Email: steve.adams@cityofloveland.org
With copy to:
City Attorney
City of Loveland
500 East 3
rd
Street, Suite 330
Loveland, CO 80537
To Estes Park:
Town Administrator
P.O. Box 1200
Estes Park, CO 80517
Email: tmachalek@estes.org
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Attachment: Cares Act IGA with Larimer County (9230 : CARES Act IGA with Larimer County-RES)
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To Timnath:
Town Manager
4800 Goodman Street
Timnath, CO 80547
Email: wlavanchy@timnathgov.com
To Berthoud:
Town Administrator
P.O. Box 1229
Berthoud, CO 80513
Email: ckirk@berthoud.org
To Windsor:
Town Manager
301 Walnut Street
Windsor, CO 80550
Email: shale@windsorgov.com
To Wellington:
The Town of Wellington
3735 Cleveland Avenue
P.O. Box 127
Wellington, CO 80549
Email: houghtkm@wellingtoncolorado.gov
With copy to:
March, Olive and Pharris, LLC
Attn: Brad March
1312 S. College Ave.
Fort Collins, CO 80524
To Johnstown:
Town Manager
450 S. Parish Ave.
Johnstown, CO 80534
Email: mlecerf@townofjohnstown.com
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Attachment: Cares Act IGA with Larimer County (9230 : CARES Act IGA with Larimer County-RES)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY June 23, 2020
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
SUBJECT
Resolution 2020-060 Establishing an Ad Hoc Community Impact Committee to Develop Policy, Funding and
Program Recommendations to Ensure a Safe and Equitable Community for All.
EXECUTIVE SUMMARY
The purpose of this item is to establish a Council Ad Hoc committee to address recent national and local
concerns and initiatives calling for reallocation of budget dollars from traditional police services, consider
desired trends for the 2021 budget, and ensure the City is creating an environment that provides safety and
equality for all residents. The Committee’s scope of work will be determined and defined in initial meetings.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
A desire to ensure and maintain equitable and inclusive policing has been expressed by community members
particularly concerned about systemic racism and the unique role Police Services plays in interfacing with
community members.
As part of that effort, some residents have stated a desire to analyze the City’s overall budget for opportunities
to potentially shift some police services funding to support community engagement, programming, and social
health initiatives.
Council is receiving hundreds of emails requesting a review of police use of force policies and accountability as
well as questioning the proper role and responsibility of the police department versus other departments.
Utilizing an ad hoc committee would lend additional focus to:
• Determine the best way to achieve a safe community for all.
• Provide recommendations to Council for the 2021 budget cycle.
• Review Police Department higher-level performance indicators.
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RESOLUTION 2020-060
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING AN AD HOC COMMUNITY IMPACT COMMITTEE
TO DEVELOP POLICY, FUNDING AND PROGRAM
RECOMMENDATIONS TO ENSURE
A SAFE AND EQUITABLE COMMUNITY FOR ALL
WHEREAS, a safe community requires open communication, diverse perspectives, and
a foundation built on trust; and
WHEREAS, the recent deaths of Rayshard Brooks, George Floyd, Breonna Taylor, and
Ahmaud Arbery are part of a long history of violence perpetrated against black individuals in this
country, including by law enforcement officials who dishonored their oath to protect all people;
and
WHEREAS, the City Council recognizes the role local government has played in
contributing to systemic racism and the responsibility of local government to partner with others
to dismantle it; and
WHEREAS, thousands of people locally and nationally are protesting the patterns of
systemic and institutional racism that are all too often a matter of life and death for black and
indigenous people and other people of color; and
WHEREAS, that national attention is focusing on this issue against the backdrop of a
global pandemic that is disproportionately affecting people of color, especially black lives, in
terms of infection rates, fatalities, unemployment, housing stability, and more; and
WHEREAS, the United States Constitution ensures the right of peaceful assembly, and
forms of protest have served as powerful calls to action and have effected meaningful change
throughout our nation’s history; and
WHEREAS, the Council and the City of Fort Collins organization, including Fort
Collins Police Services, share the desire for an end to police brutality, to foster a police culture
invested in trust and accountability, and to create an equitable, inclusive community where
people of color feel safe; and
WHEREAS, everyone who lives in Fort Collins deserves a police department that is
caring, professional and that listens and responds to the needs of its community; and
WHEREAS, every community member has the opportunity and responsibility to listen
to, learn from, and act in support of those in our community who are most impacted by racial
inequities; and
WHEREAS, in light of the shared concern that has been expressed by community
members and City officials alike about systemic racism and the unique role Police Services plays
in interfacing with community members, the Council desires to take intentional action to ensure
and maintain equitable and inclusive policing, community engagement, programming, and social
health initiatives through community services; and
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WHEREAS, the Council desires to create an ad hoc Council Committee to carry out the
following efforts:
• Develop recommendations for ways to enhance and achieve a safe and equitable
community for all through examining policy initiatives, police operations and
other municipal programs and services;
• Provide recommendations to Council for the 2021 budget cycle in furtherance of
these objectives; and.
• Review higher-level performance indicators for Police Services and other related
programs and services to improve the measurement of success in providing a
safe and equitable community for all; and
WHEREAS, the Council acknowledges that prompt action by the Committee will be
required in order for the Committee’s work to inform budget decisions by the City Manager and
City Council for the 2021 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby appoints ________________,
_______________ and ____________________ to serve as the ad hoc Community Impact
Committee.
Section 2. It is Council’s intent that the ad hoc Community Impact Committee will
develop and carry out a work plan to accomplish the purposes set forth in this Resolution, with
staff assistance and informed by input from the Citizen Review Board, Human Relations
Commission, and other City and community advisory bodies as appropriate, as well as by input
from throughout the community, especially people of color.
Section 3. The foregoing Committee appointments shall extend through [date],
unless sooner terminated by Council action or vacation of office.
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins
this 23rd day of June, A.D. 2020.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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1
2020 Fourth of July Activities
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Attachment: Powerpoint Presentation (9228 : Staff Report: July 4 Activity Update)
#Foco4th
• Traditional activities are
impractical in 2020
• 2019 direct cost $66,000
• Traditional activities included:
• Parade on Mountain
Avenue
• Fireworks at City Park
• Race at City Park
• Among others
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Attachment: Powerpoint Presentation (9228 : Staff Report: July 4 Activity Update)
Alternative Activities
3
• Collaboration from Recreation, Cultural
Services, Neighborhood Services,
Parks, Police, and other Departments
• Developed concepts for alternative
activities that are COVID responsible
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Attachment: Powerpoint Presentation (9228 : Staff Report: July 4 Activity Update)
2020 Alternative Activities
4
Live Events
• Hot air balloon launches
• Airplane Parade
• Flip the Fourth Parade
• Mobile Music Performances
• Neighborhood Activities
• Regional Drive-In Fireworks
Virtual Activities
• Video Postcard
• Virtual activities from Gardens
on Spring Creek and Museum
of Discovery
• Live-streaming music from the
Lincoln Center
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Attachment: Powerpoint Presentation (9228 : Staff Report: July 4 Activity Update)
Routes
Airplane Parade
5
Flip the Fourth Parade
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Attachment: Powerpoint Presentation (9228 : Staff Report: July 4 Activity Update)
Closing
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• Anticipated cost for 2020
events and activities -
$34,000
• This represents a
reduction of - $32,000
(48%) as compared to
normal operations
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Attachment: Powerpoint Presentation (9228 : Staff Report: July 4 Activity Update)
7
THANK YOU
#Foco4th
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Attachment: Powerpoint Presentation (9228 : Staff Report: July 4 Activity Update)