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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 1 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 2 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 3 3 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 4 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. 5 5 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