HomeMy WebLinkAbout2003-148-12/16/2003-AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR THE PROVI RESOLUTION 2003-148
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO
AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY
FOR THE PROVISION OF SOCIAL AND HUMAN SERVICES
FOR CALENDAR YEARS 2004 AND 2005
WHEREAS, the Board of Commissioners of Latimer County, Colorado (the "County")
annually contracts with various human resource agencies to secure a wide variety of social services
for the citizens of the County, including the citizens of the City of Fort Collins; and
WHEREAS,the agencies employed to provide such services are under the supervision of the
County which monitors compliance with such contracts and applicable project funding applications;
and
WHEREAS, the City of Fort Collins consults with the County with regard to individual
funding applications and annually determines which services confer a direct benefit of a reasonably
general character to a significant segment of the City's population,and further determines the amount
of financial support which should be devoted to each; and
WHEREAS, it is in the best interest of the County and the City that all funds for human
services be monitored and administered by a single entity, the County; and
WHEREAS, the City and County desire to enter into an agreement for calendar year 2004,
and, subject to appropriation of the related funds, for 2005, whereby the County will monitor and
administer the funds appropriated by the City for the health and human services program, in
accordance with the allocation of those funds in the agreement; and
WHEREAS,the Council has appropriated for 2004 a total amount for the provision of human
services of Three Hundred Seventy Thousand Four Hundred Fifty Seven Dollars ($370,457); and
WHEREAS, included in the approved budget for 2005 is a like amount of Three Hundred
Seventy Thousand Four Hundred Fifty Seven Dollars ($370,457) for the provision of human
services; and
WHEREAS, the City and County have jointly established an administrative Community
Partnerships Review Panel (the "Review Panel"), consisting of the seven division and department
directors of Larimer County's Health and Human Services administration, and the Council Policy
Manager from the City Manager's Office; and
WHEREAS,the Review Panel reviews applications for health and human services funding
and has proposed the allocation of funds for 2004 as set forth in Exhibit "A" to the Health and
Human Services Community Partnership Program Agreement for 2004 and 2005,which is attached
hereto as Exhibit "A" and incorporated herein by this reference (the "Agreement"); and
WHEREAS, the Agreement allocates for 2004 the amount of Three Hundred Forty One
Thousand Two Hundred Twenty Dollars ($341,220) in specific payments to be disbursed by the
County; plus an additional Twenty Nine Thousand Two Hundred Thirty Seven Dollars ($29,237)
for the "Emerging Issues Fund" to be allocated during the year by the Review Panel based on data
collected annually by the Health and Human Services Division to guide the determination of critical
and priority needs for such services in Larimer County,and subject to other requirements as set forth
in the Agreement; and sets an administration fee not to exceed 2.2% of the funds provided; and
WHEREAS,the Agreement provides that the funds for 2005 will be disbursed by the County
in specific payment amounts to be determined by the Review Panel,subject to final approval of the
City Manager,including funds for the"Emerging Issues Fund"to be allocated during the year by the
Review Panel, and provides for an administration fee for 2005 not to exceed 2.2% of the funds
provided; and
WHEREAS, the execution of the Agreement is consistent with the City's Human Services
Policy as adopted by Resolution 92-133.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the provision of social and human services through the Health and
Human Services Community Partnership Program administered by Latimer County serves an
important public purpose for the citizens of the City,and the Agreement furthers said public purpose.
Section2. That the Mayoris hereby authorizedto enter into the Agreement with Larimer
County, attached hereto as Exhibit "A" and incorporated herein by this reference, for the provision
of social and human services for 2004 and 2005.
Passed and adopted at regular meeting of the Council of the City of Fort Collins this 16th day
of December, A.D. 2003.
Mayor
ATTEST:
UL
City Clerk
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EXHIBIT "A"
Health and Human Services Community Partnerships (HHSCP) Program
CONTRACT
THIS CONTRACT is made and entered into this day of 2003, by and
between THE CITY OF FORT COLLINS, COLOR-ADO, a municipal corporation (hereinafter
called the "City"), and THE BOARD OF COUNTY COMMISSIONERS OF LARIMER
COUNTY, COLOR-ADO (hereinafter called the "County"):
WITNESSETH:
WHEREAS, the City desires and is able to support human services provided to the
residents of the City and wishes to appropriate funds for human services; and
WHEREAS, the County has an established Health and Human Services Division which is
charged with the administration and monitoring of the County Health and Human Services
Community Partnership Program (HHSCPP) funds; and
WHEREAS, it is in the best interests of the City and the County that all such funds within
the County be administered and monitored by a single entity, with the appropriate entity being the
Health and Human Services Division of Latimer County, Colorado; and
WHEREAS, the City desires to allocate funds to the County for the provision of human
services to City residents during calendar years 2004 and 2005 by local human service agencies
(hereinafter called "subcontractors") under contract with the County.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree
as follows:
1. Term. This Contract is effective 1 January 2004, and shall continue in full force and
effect for a period of twenty four (24) months thereafter and be completed on 31
December 2005.
2. County Duties. The County agrees to provide the City with the following services:
(a) For the benefit of the City, the County shall contract, but as an independent
contractor and not the agent of the City,with each individual subcontractor receiving
City funds for the provision of human services to City residents pursuant to the
agency's project proposal (hereinafter called "Project"). Each subcontract shall
require that the subcontractor comply with Section 504 of the Rehabilitation Act of
1973 (29 USC 794), the Americans with Disabilities Act of 1990 (Public Law 101-
336) and the Title VI nd VII Civil Rights Act of 1964. The County shall require that
subcontractors comply with these acts.
(b) The County shall monitor all such subcontractors under contract with the
County, for the benefit of the City, with respect to each Project, and administration
to ensure the services are provided and administered in accordance with the
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subcontractor's Project. In the event the County provides any or all of the services
for which it is responsible under the Contract through one or more subcontracts, the
County will remain responsible for the proper performance of this Contract, and will
include in any such subcontracts requirements for such insurance coverage,
accounting, and audit oversight, and general subcontractor accountability as may be
reasonably necessary to ensure that such services are provided in accordance with the
terms of this Contract.
(c) The County shall tender annual reports to the City detailing the progress of the
Program. These reports shall be provided for the periods of 1 January 2004 through
31 December 2004 and 1 January 2005 through 31 December 2005 and be due by 31
March 2004 and 31 March 2005 respectively. Said reports shall include statistics on
services outcomes and accounting of funds expended during the period of the
Project, County Administration costs and such other information as the City may
require.
(d) The County shall act for the benefit of the City, but as an independent
contractor and not the agent of the City,in providing technical assistance to all of the
funded subcontractors receiving City funds for the purpose of providing proper and
efficient services to the community.
(e) The County, through its Health and Human Services Division, shall be
responsible for receiving proposals and distributing City funds according to
accepted Projects.
(0 The County shall report the annual funding decisions of the Board of County
Commissioners to the City, each year,via Attachment"A" to this Contract.
3. City Duties. The City shall provide for necessary payments as provided hereunder,
subject to the appropriation by the City Council, in its discretion, of funds sufficient and
intended to carry out the terms of this agreement in calendar years 2003 and 2004. The
City shall pay to the County in each of 2004 and 2005 an annual payment consistent
with Paragraph 4(b), below, upon receipt by the City of an invoice stating the amount of
funds due and the allocation of such funds. In 2004, said payment shall be subject to
final approval of the allocation of funds by the City through its City Manager, based
upon the allocation criteria set forth in Paragraph 4(b).
4. Allocation of City Funds. The City funds provided hereunder shall be allocated as
follows:
(a) Funds in the amount of$370,457.00 shall be paid to the County for calendar year
2004, and shall be allocated and disbursed by the County in the manner set forth in
Attachment "A", attached hereto and incorporated herein by this reference. Up to
2.2% of these funds may be retained by the County for its costs of administration of
the HHSCPP.
(b) Funds in the amount of $370,457.00 shall be paid to the County for calendar
year 2005. Up to 2.2% of these funds may be retained by the County for its costs of
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administration of the HHSCPP. The allocation of calendar year 2005 funds to
subcontractors and to the Emerging Issues fund shall be determined by an
administrative panel comprised of County and City staff professionals known as the
Community Partnerships Review Panel (the "Review Panel"), based upon an
evaluation of human needs in the County and the City, and the expected
performance of prospective community partners in assisting to address those
identified needs (the "Allocation Standard"). Said funds shall be disbursed by the
County consistent with the approved allocation for calendar year 2005.
5. Emerging Issues Funds. Those funds designated as "Emerging Issues" funds shall be
set aside and allocated with the approval of the Review Panel in response to needs or
projects that were not reasonably foreseeable for consideration during the annual
application and allocation process. Any recipient of Emerging Issues funds shall be
required to comply with all requirements otherwise applicable to recipients of funds
hereunder, including the execution of a written contract, submission of required reports,
and cooperation with the County in its monitoring and review activities. Any Emerging
Issues fund balance remaining at the end of 2004 shall roll forward into that fund for
calendar year 2005; any fund balance remaining at the end of 2005 shall roll forward into
the calendar year 2006 Emerging Issues fund, or, if the City and County do not enter
into a new contract for the HHSCPP for calendar year 2006, such funds shall be divided
by the City and the County based upon the proportion of total funds paid by each for
the HHSCPP for 2005.
6. Parties Representatives. For the purposes of this Contract, the County hereby
designates the Director of the Health and Human Services Division as its representative.
The City designates the Deputy City Manager as its representative.
7. Conditions of this Contract. It is further agreed by and between the parties, hereto, as
follows:
(a) This Contract may not be enlarged,modified, or altered, except in writing, signed
by the parties as an amendment hereto.
(b) No waiver of any breach of this Contract shall be held or construed to be a
waiver of any subsequent breach hereof.
(c) This Contract and the obligations of the parties hereunder, are expressly
contingent upon the City budgeting and appropriating the funds needed to fulfill the
City's obligations hereunder.
(d) In the event that any subcontractor receiving City funds is audited by the Federal
government and deemed ineligible to receive funds because of noncompliance with
Section 504, the Americans with Disabilities Act and/or the Civil Rights Act, the
City shall release the County as to any loss or penalty resulting from that
noncompliance and said agency shall not be provided any undistributed funds
hereunder.
(e) The County shall comply with the Single Audit Act of 1984 and shall furnish to
the City a copy of the single audit report completed by an external auditor. Said
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report must be delivered to the City within thirty (30) days of its completion by the
County.
(f) No terms or conditions in this Contract shall constitute a waiver of any provision
of the Colorado Governmental Immunity Act.
8. Notice. For the purpose of providing notice pursuant to this Contract, notice shall be
deemed served on the other party when deposited postage prepaid in the United States
Mail and forwarded to the following address of the parties hereto:
CITY: Deputy City Manager
City of Fort Collins
Post Office Box 580
Fort Collins, CO 80522
COUNTY: Director, Health and Human Services Division
Latimer County
Post Office Box 1190
Fort Collins, CO 80522
9. Default. Each and every term and condition of this Contract shall be deemed to be a
material element of this Contract. In the event either party shall fail or refuse to
perform according to the terms of this Contract, such party may be declared in default
thereof.
10. Remedies Upon Default. In the event a party has been declared in default hereof,
such defaulting party shall be allowed a period of ten (10) days within which to cure said
default. In the event the default remains uncorrected, the party declaring default may
elect to:
(a) terminate the Contract and seek damages;
(b) treat the Contract as continuing and require specific performance; or
(c) avail itself of any other remedy at law or equity. In any action brought to enforce the
provisions hereof, the prevailing party shall be entitled to recover its costs and
reasonable attorney fees.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement, this
day of 12003.
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CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
Ray Martinez, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
BOARD OF COMMISSIONERS
OF LARIMER COUNTY, COLORADO
Thomas G. Bender, Chair
ATTEST:
County Clerk
APPROVED AS TO FORM:
Assistant County Attorney
Attachment "A"
2004
Health and Human Services Community Partnership Program
Agency/Program Total Funds Fort Collins Funds Lorimer County
Contracted Funds
ATV $5,000 $1,500 $3,500
B.A.S.E. Camp $10,125 $7,594 $2,531
Catholic Charities Northern $25,000 $18,750 $6,250
Childcare Alliance $43,270 $32,453 $10,817
Colorado Legal Services $19,000 $14,250 $4,750
Crossroads Safehouse $24,000 $18,000 $6,000
Everest - VAC $18,630 $11,500 $7,130
FirstCall $35,000 $26,250 $8,750
Island Grove $47,130 $25,450 $21,680
Larimer Center for Mental $25,000 $18,750 $6,250
Health
Longs Peak Energy $22,936 $17,202 $5,734
Neighbor to Neighbor $35,000 $26,250 $8,750
NFRMPO $11,686 $0 $11,686
Project Self-Sufficiency $25,340 $21,000 $4,340
RVNA $15,700 $13,973 $1,727
Salud Clinic - EP $15,000 $0 $15,000
Salud Clinic - FtC $30,345 $25,148 $5,197
VOA $16,200 $10,000 $6,200
Women's Center $10,000 $7,500 $2,500
Emergent Fund $50,000 $37,500 $12,500
Administration $13,944 $8,150 $5,794
Funds $495,544 $341,220 $157,086
Allocated/Contracted
Funds Available $555,422 $370,457 $184,965
Funds To Be $59,878 $29,237 $27,879
Allocated/Contracted