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HomeMy WebLinkAbout1994-111-07/19/1994-IGA MULTICULTURAL COMMISSION RESOLUTION 94-111 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE INTERGOVERNMENTAL AGREEMENT PERTAINING TO THE ESTABLISHMENT OF A MULTICULTURAL COMMISSION WHEREAS, on April 5, 1994, the Council of the City of Fort Collins adopted Resolution 94-60 approving the execution of an Intergovernmental Agreement among the City and various other public and private entities pertaining to the establishment of a Multicultural Commission ("the Commission") , which Agreement provided for the composition and essential duties and functions of the Commission; and WHEREAS, prior to the execution of said Agreement, the parties thereto decided that certain changes in the form and substance of the Agreement were warranted; and WHEREAS, said changes, as shown on the attached Exhibit "A", include the expansion of the number of parties to the Agreement to include Larimer County, Front Range Community College and Poudre Valley Hospital , as well as the four original sponsoring organizations (the City, Colorado State University, the Poudre School District R-1 and the Fort Collins Chamber of Commerce) ; and WHEREAS, the additional changes to the proposed Agreement have to do with the composition of the Commission and the submission of requests for funding and in-kind services and periodic reports, and said changes are acceptable to the City Council and other parties to the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to execute an Agreement among the above-mentioned entities establishing the composition, duties and functions of the Multicultural Commission, which Agreement shall be in substantially the same form as attached hereto as Exhibit "A" . Passed and adopted at a regular meeting of the Council of the Cit of Fort Collins, Colorado, this 19th day of July, A.D. 199 ! mayor ATTEST: \"�& _�"I — City Clerk Exhibit A AGREEMENT THIS AGREEMENT is made and entered into this day of , 1994, by and among the following parties: THE CITY OF FORT COLLINS, COLORADO ("the City"); COLORADO STATE BOARD OF AGRICULTURE, acting by and through Colorado State University("CSU");THE POUDRE SCHOOL DISTRICT R-1 ("the School District"); and THE FORT COLLINS CHAMBER OF COMMERCE ("the Chamber") (hereinafter sometimes referred to as "the sponsoring organizations"). WITNESSETH : WHEREAS, the City, CSU and the School District are authorized under the provisions of the State Constitution, State statutes and City Charter to enter into agreements with other governmental and private.entities in order to participate in cooperative or joint activities with such entities; and WHEREAS, the Chamber is a Colorado private nonprofit corporation with the capacity to enter into agreements with other public and private entities; and WHEREAS, the parties are strongly committed to the eradication of prejudice and harmful discrimination against any person and to the establishment of a community that fosters, promotes and enforces an environment of mutual respect for all people, regardless of individual differences; and WHEREAS, in order to promote cultural diversity and identify obstacles that inhibit the Fort Collins community from becoming an ideal multi-cultural community, the parties previously formed a Cultural Diversity Task Force ("the Task Force"), which was composed of representatives of each of the parties, together with additional community representatives; and WHEREAS, during the course of its deliberations, the Task Force developed certain recommendations regarding mechanisms for maintaining ongoing communication about diversity issues among the parties and other members of the community; and WHEREAS, one of the specific recommendations of the Task Force was to establish a Multi-Cultural Commission to coordinate educational and training resources and to provide the essential mechanism for promoting a long-term alliance among City government, educational systems and community organizations; and WHEREAS, at the direction of the representatives of the parties, a planning committee was created to develop the framework for such a Multi-Cultural Commission; and WHEREAS,having reviewed the recommendations of the planning committee, the parties wish to enter into an agreement establishing the composition, duties and functions of such a Commission. NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties agree as follows: 1. Establishment of Multi-Cultural Commission. The parties hereby establish a "Multi-Cultural Commission" (hereinafter referred as "the Commission"). The purpose of the Commission shall be to foster and promote an environment of mutual respect for all people, regardless of individual differences, and to serve as a catalyst, facilitator, leader and energizing force to move the Fort Collins community toward the attainment of such an environment through the duties and functions described below. 2. Duties and Functions. (a) To carry out its purpose, the duties and functions of the Commission shall include, without limitation, the following: (1) advising the community's major public institutions (the City, CSU, the School District, Larimer County, Front Range Community College and Poudre Valley Hospital) and the Chamber on matters pertaining to diversity in the community; (2) working with public and private organizations to sponsor, produce and/or promote events and activities that foster a greater awareness and appreciation of diversity in the community; (3) promoting and helping to coordinate education and training opportunities for the community that promote interaction, dialogue about change and improved relationships among organizations and citizens; (4) assisting and enabling the sponsoring organizations with implementation of their cultural diversity plans; on an annual basis, identify issues, trends (local, national, and international) and concerns and advise these organizations how their plans might be updated to adjust to the changing needs of the community with respect to diversity issues; (5) planning and conducting the semi-annual community summits at which the commission will report on overall progress achieved in the community on cultural diversity; and (6) seeking ways to maximize the use of resources (time, money, and people) in the pursuit of diversity goals; work with organizations throughout the community to help minimize duplication of efforts and resources. (b) In no event shall the Commission have authority or be responsible for hearing, reviewing or acting upon individual discrimination or harassment complaints, nor shall the Commission have authority or be responsible for implementation of the individual diversity plans of the parties. - 2of5 - 3. Composition of the Commission. The Commission shall consist of eleven (11) voting members, to be selected as follows: two (2) persons shall be appointed by each of the sponsoring organizations; one (1) member shall be appointed by each of the governing bodies of Poudre Valley Hospital, Larimer County and Front Range Community College; and five (5) at-large members of the community shall be appointed by majoriy vote of the representatives of the sponsoring organizations, which at-large members shall be representative of diverse cultures and points of view. 4. Fundine and In-kind Services. (a) For each year of its operation, the Commission will prepare a budget and a request for those in-kind services that the Commission believes will be necessary to support its operations for the ensuing fiscal year and specify the funding and services requested from each of the sponsoring organizations. The Commission will submit the same to each of the sponsoring organizations on or before April 1 of each year. The budget and request for in-kind services and the specific funding and services requested from each of the sponsoring organizations shall be subject to approval by the sponsoring organizations and, if approved, the sponsoring organizations will provide the specified funding and services, subject to such annual appropriation as may be required by the laws, ordinances or bylaws of each sponsoring organization. The various monies appropriated in response to the budget requests of the Commission shall be used by the Commission solely for operating costs. (b) In-kind services may be contributed by each sponsoring organization or other entities participating in or supporting the operations of the Commission under such terms and conditions as may be acceptable to and approved by the Commission. The Commission shall not borrow money, nor shall it approve any claims or incur any contractual or other financial obligations for expenditure unless there is sufficient unencumbered cash available to the Commission under the approved budgets with which to pay the same. (c) Prior to its dissolution, the Commission shall return any surplus operating revenues provided by the sponsoring organizations to such organizations in the same proportion that each sponsoring organization last contributed to the operation of the Commission. Any personal property loaned to the Commission by any sponsoring organization or other party shall also be returned to said party upon dissolution of the Commission or upon withdrawal of said party from the Commission. 5. Accountability. The Commission shall maintain adequate and correct accounts of its funds, properties and business transactions, which accounts shall be open for inspection at any reasonable time by the Commission and members of the public. 6. Reports. (a) Twice annually, the Commission shall prepare and present to the respective governing bodies of the sponsoring organizations a comprehensive report of the Commission's - 3of5 - E activities and finances during the preceding year, which report shall include the accomplishments and action plan of the Commission. The Commission shall also render to the sponsoring organizations, at reasonable intervals, such additional reports and accounting as the sponsoring organizations may from time to time request. (b) The sponsoring organizations will each annually report to the Commission on the development of their individual cultural diversity plans, which report shall include progress made on recommendations theretofore received from the Cultural Diversity Task Force. 7. Meetings. The meetings of the Commission shall be open to the public according to the provisions of the Colorado Revised Statutes, as applied to the boards and commissions of local governments. Meetings of the Commission shall be conducted according to such operating policies and procedures as may be adopted by the Commission, which policies and procedures shall include a process for the selection of officers. 8. Inspection of Records. Minutes, resource materials and other documents pertaining to the operations of the Commission shall be maintained by the City and shall be available for inspection according to the provisions of the Colorado Open Records Act. 9. Term of the Agreement. The Commission shall be established for an initial period of two (2)years, which shall also serve as the initial term of this Agreement. At the end of such initial two (2) year period, the sponsoring organizations, in consultation with the Commission, shall review and determine whether or not to continue the existence of the Commission and extend the term of this Agreement. During the initial term of this Agreement, and any renewal term thereof, the Commission may be dissolved at any time by majority vote of the Commission, in which event this Agreement shall terminate; provided, however, that the Commission shall continue in existence to the extent necessary to make an effective disposition of the property, equipment and monies held by the Commission pursuant to this Agreement. Nothing herein shall be construed as precluding any party from withdrawing from the Commission at any time. 10. Amendment. This Agreement may be amended by the parties from time to time upon agreement of all the parties, but any amendment shall be in writing and executed by all the parties hereto. IN WITNESS WHEREOF, the parties or authorized representatives hereto have caused to affix their respective signatures as of the day and year here and above set forth. THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: Mayor ATTEST: City Clerk - 4of5 - APPROVED AS TO FORM: City Attorney COLORADO STATEBOARD OF AGRICULTURE, acting by and through Colorado State University By: Dr. Albert C. Yates, President Colorado State University ATTEST: Title: POUDRE SCHOOL DISTRICT R-1 By: President ATTEST: Secretary FORT COLLINS CHAMBER OF COMMERCE By: Title: ATTEST: Secretary - 5of5 -