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HomeMy WebLinkAbout1999-014-02/02/1999-AUTHORIZING THE MAYOR TO ENTER INTO AN IGA WITH LARIMER COUNTY FOR THE PROVISION OF SOCIAL AND HUMAN RESOLUTION 99-14 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 THE FIRST HALF OF 1999 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 Larimer County, including the citizens of the City of Fort Collins; and WHEREAS, the agencies employed to provide such services are under the supervision of Larimer County which monitors compliance with such contracts and applicable project grant applications; and WHEREAS,the City of Fort Collins consults with the County with regard to individual grant 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, Larimer County; and WHEREAS,the City and County desire to enter into an agreement whereby Larimer County shall monitor and administer the funds appropriated by the City for human services, in accordance with the allocation of such funds in that agreement, and WHEREAS,the Council has appropriated for 1999 a total amount for the provision of human services of$369,781 and the amount included in the Agreement presented at this time is somewhat less than one-half of that total, or $169,254.50; and WHEREAS, due to changes in the process of administering these grants, the funding allocations and grant agreement will be made each six months,rather than on an annual basis, as in the past; and WHEREAS, a proposed allocation of the remaining $200,526.50 appropriated in 1999 for human services will be presented to the Council later in 1999, for review and approval, along with a new intergovernmental agreement for the program; and WHEREAS,the execution of such an 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 Human Resources Grant Program administered by Larimer County, serves an important public purpose for the citizens of the City and that the proposed agreement furthers said public purpose. Section 2. That the Mayor be,and hereby is, authorized to enter into the agreement with Latimer County for the provision of social and human services for the first half of 1999 at a cost to the City not to exceed One Hundred and Sixty-nine Thousand, Two Hundred and Fifty-four Dollars and Fifty Cents (5169,254.50),which agreement is attached hereto as Exhibit"A"and incorporated herein by this reference. Passed and adopted at regular meeting of the Council of the City of Fort Collin 2nd day of February, A.D. 1999. -\ / � _t/A Mayor ��— ATTEST: -/ 1 ,� City Clerk EXHIBIT "A" AGREEMENT THIS AGREEMENT, made and entered into this day of 199 b and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation y (hereinafter called the "City"), and THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO (hereinafter called the "County"): WITNESSETH: WHEREAS, the City is desirous of supporting human services provided in the City and wishes to appropriate funds for human resource services; and WHEREAS, the County has an established Department of Human Services which is charged with the administration and monitoring of the County human resource funds; and WHEREAS, it is in the best interests of the City and the County that all such human resource funds within the County be administered and monitored by a single entity, with the appropriate entity being the Department of Human Services of Larimer County, Colorado; and WHEREAS, the City desires to allocate One Hundred Sixty-Nine Thousand Two Hundred Fifty-Four Dollars and Fifty Cents ($169,254.50) of its funds to the County for the provision of social services to City residents during the first six months of 1999 by local human resource agencies under contract with the County. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. Term. This Agreement is effective January 1. 1999, and shall continue in full force and effect for a period of six (6) months thereafter. 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 human resource agency receiving City funds for the provision of social services to City residents pursuant to the agency's project grant application. Each contract shall require that the contracting agency comply with Section 504 of the Rehabilitation Act of 1973 (29 USC 794) and the Americans with Disabilities Act of 1990 (Public Law 101- 336). The County shall require that the agencies comply with both of these acts. 2 1999 City and County Agreement Cont. B. The County shall monitor all such human resource agencies under contract with the County, for the benefit of the City, with respect to services provided, and agency administration to ensure the services are provided and administered in accordance with the agencies' grant application. In the event the County provides any or all of the services for which it is responsible under the Agreement through one or more subcontracts, the County will remain responsible for the proper performance of this Agreement, 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 Agreement. C. The County shall tender a progress report to the City detailing the progress of each agency. A progress report shall be provided for the period of January 1, 1999 through December 31, 1999, by February 28, 2000; and shall include by way of illustration and not limitation, the following information for each agency: - statistics on services provided: - accounting of funds expended for the period for administrative purposes and for the program services. - 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 human resource agencies receiving City funds for the purpose of providing proper and efficient services to the community. E. The County, through its Department of Human Services, shall be responsible for receiving applications and distributing City funds according to accepted grants. F. The County shall report the annual funding recommendations of the Human Resource Committee to the City to aid the City in determining how City funds should be allocated for human services in future years. 3. City Duties. The City shall provide for necessary payments, hereunder, as designated for the various funded human resource agencies. The City shall also appoint four representatives from the City's Human Relations Commission to serve as members of the County's Human Resource Committee. 3 1999 City and County Agreement Cont. 4. Allocation of City Funds. City funds allocated to the County in the amount of $169,254.50 for the first six months of 1999 shall be disbursed by the County as follows: B.A.S.E. Camp $ 3,075.00 Boys & Girls Clubs of Larimer County 6,400.00 CASA-Harmony House 4,750.00 Catholic Charities Northern 10,937.50 Center for Community Participation 3,562.50 Children's Clinic 7,250.00 Colorado Rural Legal Services 6,625.00 Crossroads Safehouse 8,812.00 Disabled Resource Services 6,375.00 Education & Life Training Center 7,970.00 Food Distribution Center 6,687.50 Fort Collins Area United Way 9,272.50 Front Range Exceptional Equestrians 797.00 Hope Counseling Centers 3,625.00 Larimer County Child Advocacy Center 1,812.50 Lutheran Family Services 2,468.50 Neighbor to Neighbor 6,312.50 New Bridges 3 387.00 Options of Northern Colorado 1,562.50 Partners 5,187.50 Project Self-Sufficiency 9,875.00 R-VNA Home Care 3,125.00 Respite Care 7,437.50 Retired & Senior Volunteer Program 1,887.00 Senior Nutrition Program 3,985.00 Servicenet 9,125.00 Sunshine School 4,782.00 Turning Point Center for Youth & Families 1,578.00 United Day Care Center 7,412.00 Victim Advocate Program 6,000.00 Women's Center 1,941.00 TOTAL SERVICES $164,017.00 ADMINISTRATION $5,237.50 GRAND TOTAL $169,254.50 5. Payment. City funds to be allocated to the human service agencies by the County in the sum of One Hundred Sixty-Nine Thousand Two Hundred Fifty-Four Dollars and Fifty Cents ($169,254.50); or such portion thereof, as is due for funds actually disbursed by the County under the provisions of Paragraph 4 of this Agreement shall be provided to 4 1999 City and County Agreement Cont. the County in installments of Eighty Four Thousand Six Hundred Twenty Seven Dollars and Twenty-Five Cents ($84,627.25), on January 15, 1999; and April 15, 1999. Two Thousand Six Hundred Eighteen Dollars and Seventy-Five Cents ($2,618.75) of each payment shall constitute payment to the County for administration during each quarter. 6. Parties Representatives. For the purposes of this Agreement, the County hereby designates the Director of Human Services as its representative. The City designates the Deputy City Manager as its representative. 7. _Conditions of this Aereement. It is further agreed by and between the parties, hereto, as follows: A. This Agreement 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 Agreement shall be held or construed to be a waiver of any subsequent breach hereof. C. Time is of the essence hereof. D. This Agreement 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. E. In the event that any human resource agency receiving City funds is audited by the Federal government and deemed ineligible to receive funds because of noncompliance with Section 504 and/or the Americans with Disabilities 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. F. 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 report must be delivered to the City within thirty (30) days of its completion by the County. 8. Notice. For the purpose of providing notice pursuant to this Agreement, 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 5 1999 City and County Agreement Cont. COUNTY: Director of Human Services Larimer County Post Office Box 1 190 Fort Collins, CO 80522 9. Default. Each and every term and condition of this Agreement shall be deemed to be a material element of this Agreement. In the event either party shall fail or refuse to perform according to the terms of this Agreement, 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 five (5) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: (a) terminate the Agreement and seek damages; (b) treat the Agreement 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 attornev fees. 6 1999 City and County Agreement Cont. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF FORT COLLINS, COLORADO A Municipal Corporation ATTEST: Ann Azari, Mayor City Clerk APPROVED AS TO FORM: Assistant City Attorney BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO Cheryl Olson, Chair ATTEST: County Clerk APPROVED AS TO FORM: Assi ant County A orney