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HomeMy WebLinkAbout1999-092-07/20/1999-AUTHORIZING THE CITY MANAGER TO ENTER INTO AN IGA WITH LARIMER COUNTY, LOVELAND, AND BERTHOUD FOR TH RESOLUTION 99-92 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY, THE CITY OF LOVELAND, AND THE TOWN OF BERTHOUD FOR THE DEVELOPMENT AND OPERATION OF A YOUTH ASSESSMENT CENTER AND FOR YOUTH TRANSPORT SERVICES WHEREAS, the City of Fort Collins, the City of Loveland and the Town of Berthoud (collectively,the"Cities")are in need of judicially mandated detention screening in connection with juvenile justice programs and services, and related juvenile detention; and WHEREAS, Larimer County has initiated efforts to develop a Youth Assessment Center to assist youth in Larimer County who are in need of detention screening, or who are runaway, homeless, or experiencing family conflict, by providing prompt assessment and intervention services; and WHEREAS, youth from Fort Collins, Loveland, and Berthoud, as well as youth from unincorporated areas of Larimer County, and other law enforcement jurisdictions operating in the County,will continue to receive services through the Youth Assessment Center, and as a result,the Cities will share in the benefit of the County's efforts; and WHEREAS, the County has also developed a program by which it will arrange for the transport of youth to and from detention or secure facilities pending a court determination as to whether detention is appropriate; and WHEREAS, the Cities are also in need of such transportation services; and WHEREAS,the County has proposed to cooperatively provide the Youth Assessment Center and transportation services,and the negotiation of an intergovernmental agreement documenting the terms of an agreement for such cooperative services is in progress; and WHEREAS,the County has already developed the Youth Assessment Center and is currently providing services at the same, and prompt action to finalize an intergovernmental agreement and make initial payments under that agreement is necessary to assist the County in progressing with the facility; and WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any function, service or facility, as provided in Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to enter into an intergovernmental agreement with Larimer County,the City of Loveland and the Town of Berthoud, in substantially the form of agreement attached hereto as Exhibit "A" and incorporated herein by this reference, together with such additional terms and conditions that the City Manager,in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the City Council held this;�th day of July,A.D. 1999. ayor ATTEST: City Clerk --(J7.cL'41pw11) AGREEMENT CONCERNING LARIMER COUNTY YOUTH ASSESSMENT CENTER AND YOUTH TRANSPORT SERVICES This Agreement is made this day of , 1999, between the Board of County Commissioners of Larimer County, Colorado (County),the City of Fort Collins, Colorado (Fort Collins), the City of Loveland, Colorado (Loveland) and the Town of Berthoud (Berthoud) [Fort Collins,Loveland and Berthoud are sometimes referred to collectively hereinafter as the"Cities"]. 1. RECITALS 1. The County has leased certain real property located at 132 West Troutman Parkway, Fort Collins, Colorado, which property is known as and used for a Youth Assessment Center. 2. The County has expended funds to develop the property to make the property suitable for use as a Youth Assessment Center, and opened the Center in November 1998. The County has expended and will continue to expend funds for ongoing operational costs and maintenance of the Youth Assessment Center. 3. The Larimer County Adolescent Response Team and staff from the Larimer County Youth Offender Response Team and Larimer County Mental Health Center are located in and provide services to area youth at the Youth Assessment Center. 4. The purpose of the Youth Assessment Center is to provide a coordinated multi- agency single entry process which contributes to the safety of youth, families and community. Services provided there are generally described as follows: a. To assist youth in Larimer County who are in need of detention screening,or who are runaway,homeless or experiencing family conflict by providing prompt assessment and intervention services. b. To provide judicially mandated detention screening and alternatives to detention. C. To arrange for transport of youth to and from detention or secure facilities pending a court determination as to whether the youth should be detained. d. To expedite the disposition of law enforcement officers dealing with youth so as to allow those officers to return to the streets quickly. 5. Youth from the Cities , as well as youth from the unincorporated areas of Larimer County,receive services through the Youth Assessment Center which services benefit each of these jurisdictions and promote the welfare and safety of these jurisdictions. 6. In light of the benefits and services received by the Cities through the Youth Assessment Center,the parties have agreed that it is appropriate and fair that the Cities contribute to the County's costs for development,operation and maintenance of the Youth Assessment Center and youth transport services. 7. Part 2 of Article 1 of Title 29,C.R.S.,authorizes local governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each, including the sharing of costs. 8. The parties desire to cooperate and contract with one another concerning the development,operation and maintenance of the Youth Assessment Center and transportation of at- risk youth and youth in the custody of their law enforcement officers, and the sharing of costs for the same, as set forth in this Agreement. II. TERMS In consideration of the mutual covenants,promises and obligations contained herein, the parties agree as follows. 9. County Operation of the Youth Assessment Center The County agrees to operate the Youth Assessment Center for the purposes set forth in Paragraph 4, above, at 132 West Troutman Parkway in Fort Collins, during the term of this Agreement. The Youth Assessment Center will be open and available for law enforcement officers of Fort Collins,Loveland and Berthoud to bring youth in custody,alleged juvenile offenders,or at- risk youth in need of services. The Youth Assessment Center will be open to such law enforcement officers and staffed by qualified intake specialists twenty-four hours per day,seven days per week, throughout each calendar year. The Youth Assessment Center will also be open to the community on weekdays from 8 a.m. to 9 p.m. 10. Development Costs and 1999 Operating Costs For calendar year 1999,Fort Collins,Loveland and Berthoud shall contribute the following sums as their agreed upon share of the County's development costs and 1999 operating costs for the Youth Assessment Center: 2 Fort Collins $54,727.00 Loveland $32,427.00 Berthoud $ 2,619.00 Each party shall pay its contribution to the County in one lump sum on or before July 31, 1999. 11. 2000 and Subsequent Year's Operating Costs A. The operating costs of the Youth Assessment Center for each year subsequent to 1999 shall be shared by those parties electing to participate in this Agreement for such year,on a pro rata basis. Operating costs shall mean the following costs if incurred by the County in order to operate the Youth Assessment Center: (a)office supplies and materials, (b) rent, (c) utilities (electric and water), (d) janitorial, (e) telephone, (f) repair and maintenance, and(g)printing and duplication. The respective shares of each party shall be determined based upon the best available projection of the number of youth to be referred to the Youth Assessment Center by that jurisdiction during the subject year,as a percentage of the total number of all youth projected to be served at the Center in that year. B. The County shall provide to each of the Cities a projected budget for operating costs of the Youth Assessment Center for the upcoming year, including the County's projections of the pro rata shares of each party and the calculations upon which such projections are based,no later than September 1 of each year. The Cities shall provide any objections or proposed revised projections for the upcoming year to the County no later than September 21. The County shall provide to each of the Cities no later than October 1 revised budget and pro rata share information. Each of the Cities shall pay to the County no later than January 15 of each year after 1999 one fourth of its pro rata share of the Youth Assessment Center operating costs for the operation of the Youth Assessment Center during the first quarter of that year. Payment of the same for the second quarter of each year shall be due to the County on April 15 of each year after 1999. C. Prior to July 15 of each year after 1999,the County shall provide to each of the Cities an updated accounting of the usage of the Youth Assessment Center during the first six (6)months of that year and any adjustment to the pro rata sharing of the operating costs of the Center. Payment by each of the Cities of its pro rata share of the operating costs of the Youth Assessment Center for the third quarter of the year, adjusted to reflect overpayment or underpayment during the first six(6)months of that year based upon parties' respective shares of services provided, shall be due to the County by July 31 of that year. D. Prior to October 15 of each year after 1999,the County shall provide to each of the Cities an updated accounting of the usage of the Youth Assessment Center during the first nine(9)months of that year and any adjustment to the pro rata sharing of the operating costs of the Center. Payment by each of the Cities of its pro rata share of the operating costs 3 of the Youth Assessment Center for the fourth quarter of the year, adjusted to reflect overpayment or underpayment during the first nine (9) months of the year based upon the parties'respective shares services provided,shall be due to the County by October 31 of that year. D. In the event a party questions or disputes the amount of that party's contribution,that party shall so notify the County in writing within ten days of receipt of the subject notice or statement. Upon receipt of the notice,the County shall schedule a meeting with the party as soon as practicable to discuss and attempt to resolve the questions or dispute. 12. Transport Services Youth screened by the Youth Assessment Center at the request of Fort Collins,Loveland or Berthoud law enforcement who are determined to need secure detention shall be transported to a detention or secure facility. If such transport is provided by the County, the party whose law enforcement agency requested screening shall pay to the County a transport fee. The requesting jurisdiction shall not be liable for damage or injury resulting from or associated with the transportation of any such youths or welfare or treatment of any such youths during the course of said transportation; provided, however, that the County shall not be liable for damage or injury resulting from the negligent acts or omissions of any person or entity other than the County. Any such transportation services shall be provided in accordance with all applicable laws. 13. Transport Fees The transport fee for 1999 shall be$200 per trip. A trip is defined to be the transport of one youth to a detention or secure facility and the return of that youth to the District Court of Larimer County for his/her detention hearing. The County shall provide to Fort Collins,Loveland and Berthoud a billing statement for that party's transport fees on a quarterly basis as follows: On April 15 for services provided during January, February and March; on July 15 for services provided during April, May and June; on October 15 for services provided during July,August and September;and on January 15 for services provided during October,November and December. Each party shall pay its transport fees to the County within fifteen days of receipt of the billing statement. The County may annually increase or decrease the transport fee to reflect increased or decreased costs of providing transport services. The County will notify Fort Collins,Loveland and Berthoud in writing no later than October 1 of each year as to the transport fee which will take effect on January 1 of the following year. 4 13. Effective Date This Agreement shall be effective January 1, 1999. 14. Records The County shall keep for a period of no less than three (3) years records sufficient to accurately document operating costs for the Youth Assessment Center, payments received from participating jurisdictions,total number of youth served,number of youth served on behalf of each party,number of youth transported on behalf of each party,date of transport and return, and place to which transported. The County shall allow any of the Cities to inspect and/or copy such records upon reasonable notice. 15. Notices All notices required to be given under this Agreement shall be mailed first class, postage prepaid, or hand delivered to the addresses shown below: To the County: HUB Director 132 West Troutman Parkway Fort Collins, CO 80526 To Fort Collins: City Manager P.O. Box 580 300 LaPorte Avenue Fort Collins, CO 80522 To Loveland: City Manager 500 East Third Street Loveland, CO 80537 To Berthoud: Chief of Police 328 Massachusetts Avenue Berthoud, CO 80513 16. Default If a party fails or refused to perform according to the terms of this Agreement, such party may be declared in default. In the event a party has been declared to be in default, such defaulting 5 party shall be allowed a period of ten days within which to cure said default. In the event the default remains uncorrected, the party declaring default may seek damages or avail itself of any other remedy at law or equity. 17. Assignment No party shall assign,transfer or other convey any of its interest,rights or obligations in this Agreement without the written consent of the other parties. 18. Governing Law This Agreement shall be governed by,and construed in accordance with the laws of the State of Colorado. 19. Annual Appropriation The parties acknowledge that the operation of the Youth Assessment Center by the County and the obligation of Fort Collins,Loveland and Berthoud to contribute to operating costs and pay transport fees are subject to each party's annual budgeting and appropriation of funds to operate the Youth Assessment Center and provide youth transport,the County may discontinue such services and terminate this Agreement. In the event Fort Collins,Loveland and Berthoud do not budget and appropriate sufficient funds to contribute to operating costs and pay transport fees,this Agreement shall terminate as to such entity. Upon such termination, the County shall be paid for services rendered to such entity prior to the date of termination, and shall have no obligation to further provide services to such entity's youth. 20. Severability All portions of this Agreement are severable. If one or more portions of this Agreement are found to be unlawful, against public policy or unenforceable, the remaining portions of this Agreement shall be unaffected and remain in full force and effect. 21. Amendment This Agreement may be amended upon agreement of the parties,provided such amendment is in writing and signed by all parties. 22. Entire Agreement This Agreement states the entire agreement of the parties and all prior oral or written representations or agreements between the parties are merged into and superceded by the express terms of this Agreement. 6 23. Counterpart Signatures The parties agree that counterpart signatures of this Agreement shall be acceptable and that execution of the Agreement in the same form by each and every party shall be deemed to constitute full and final execution of the Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the parties' duly authorized representatives as set forth below. BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO ATTEST: By: Cheryl Olson, Chair Deputy Clerk to the Board Date: APPROVED AS TO FORM: Assistant County Attorney THE CITY OF FORT COLLINS,COLORADO A Municipal Corporation ATTEST: By: John F. Fischbach, City Manager City Clerk Date: APPROVED AS TO FORM: Assistant City Atto 7 THE CITY OF LOVELAND, COLORADO A Municipal Corporation ATTEST: By: Kathleen R. Gilliland,Mayor City Clerk Date: APPROVED AS TO FORM: City Attorney TOWN OF BERTHOU% COLORADO ATTEST: By Title Town of Berthoud Town Clerk Date: APPROVED AS TO FORM: 8