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HomeMy WebLinkAbout1998-014-01/20/1998-AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR THE PROVI RESOLUTION 98-14 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 IN 1998 WHEREAS,the Board of Commissioners of Larimer County,Colorado("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 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 that the Mayor be, and hereby is, authorized to enter into the agreement with Larimer County for the provision of social and human services in 1998 at a cost to the City not to exceed Three Hundred Fifty-Nine Thousand and Eleven Dollars ($359,011), 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 Collins this 20th day of January, A.D. 1998. Mayor Pro Tem ATTEST: City Clerk ti • • AGREEMENT THIS AGREEMENT, made and entered into this day of 199_,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 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 Community 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 Community Services of Larimer County, Colorado; • and WHEREAS, the City desires to allocate Three Hundred Fifty-NineThousand Eleven Dollars ($359,011) of its funds to the County for the provision of social services to City residents in 1998 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, 1998, and shall continue in full force and effect for a period of twelve (12) 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. 1998 City and County Agreement cont. Page 2 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. C. The County shall tender an annual progress report to the City detailing the progress of each agency. An annual progress report shall be provided for the period of January 1, 1998 through December 31, 1998, by February 28, 1999; 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 Community 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 three representatives from the City's Human Relations Commission to serve as members of the County's Human Resource Committee. 4. Allocation of City Funds. City funds allocated to the County in the amount of $359,011 for 1998 shall be disbursed by the County as follows: B.A.S.E. Camp $ 6,150 Boys& Girls Clubs of Larimer County 12,800 CASA 9,500 Catholic Community Services/Northem 21,875 Center for Community Participation 7,125 1998 City and County Agreement cont. • Page 3 Children's Clinic 14,500 Colorado Rural Legal Services 13,250 Crossroads Safehouse 17,625 Disabled Resource Services 12,750 Education & Life Training Center 15,940 Food Distribution Center 13,375 Front Range Exceptional Equestrians 1,594 Hope Counseling Centers 7,250 Larimer County Child Advocacy Center 3,625 Lutheran Family Services 4,937 Neighbor to Neighbor 12,625 New Bridges 6,774 Options 3,125 Partners 10,375 Project Self-Sufficiency 19,750 R-VNA Home Care 6,250 Respite Care 14,875 Retired& Senior Volunteer Program 3,774 Senior Chuckwagon 7,970 ServiceNet 18,250 • Sunshine School 9,564 United Day Care 14,824 Victim Advocate Program 12,000 Contingency Funds 12,952 TOTAL SERVICES $315,404 ADMINISTRATION $43,607 GRAND TOTAL $359,011 5. Payment. City funds to be allocated to the human service agencies by the County in the sum of Three Hundred Fifty Nine Thousand Eleven Dollars ($359,011); 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 the County in installments of Eighty Nine Thousand Seven Hundred Fifty-Seven Dollars and Seventy-Five Cents ($89,757.75), on January 1, 1998; April 1, 1998; July 1, 1998; and October 1, 1998. Ten Thousand Nine Hundred One Dollars and Seventy-Five Cents ($10,901.75) 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 Community Services as its representative. The City designates the Director of Administrative Services as its representative. • 1998 City and County Agreement cont. Page 4 7. Conditions of this Agreement. 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: Director of Administrative Services City of Fort Collins Post Office Box 580 Fort Collins, CO 80522 COUNTY: Director of Community Services Larimer County Post Office Box 1190 Fort Collins, CO 80522 1998 City and County Agreement cont. • Page 5 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 attorney fees. • • 1998 City and County Agreement cont. Page 6 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 Ann Azari, Mayor ATTEST: City Clerk APPROVED AS TO FORM: 4-4-44-City Attorney BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO Chair ATTEST: County Clerk APPROVED AS TO FORM: Assist I ounty A rney 444� ADMICES MANAGER