HomeMy WebLinkAbout2013-037-05/07/2013-AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT TO ASSIST IN THE OPERATION AND M RESOLUTION 2013-037
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO
AN INTERGOVERNMENTAL AGREEMENT TO '
ASSIST IN THE OPERATION AND MAINTENANCE OF
THE HUB, A MULTI-AGENCY YOUTH AND FAMILY PROGRAM
WHEREAS,the staff of Fort Collins Police Services("FCPS")has been working with staff
from Larimer County (the "County"), the City of Loveland, the Town of Estes Park, the Town of
Berthoud, the Colorado State University Police Department, the Colorado State Patrol and the
Larimer County Sherriff's Office(the"Participating Agencies")to share in the use of a coordinated
multi-agency program(the"Hub")that offers services intended to provide for the safety of youth and
families at risk due to abuse and neglect, delinquency, and other high risk behaviors; and
WHEREAS, City staff and FCPS staff plan to use the Hub when dealingwith juveniles that
are in need of services such as screening, monitoring, assessment, counseling and referrals, and
juvenile transportation; and
WHEREAS,in exchange for the services offered by the Hub,the Participating Agencies have
agreed to contribute to the cost of operating and maintaining the Hub,which cost is currently home
by the County; and
WHEREAS, City staff has, in consultation with staff and legal counsel of the other
Participating Agencies, prepared a proposed intergovernmental agreement entitled the 112013
Intergovernmental Agreement Concerning Larimer County Juvenile Assessment Center aka the Hub
and Juvenile Transport Services," attached hereto as Exhibit A and incorporated herein by this
reference (the "Agreement"); and
WHEREAS,the Agreement would require that the Participating Agencies share the costs of
operating and maintaining the Hub; and
WHEREAS,the County will annually inform each Participating Agency of its share of such
costs, and all contributions by the Participating Agencies will be subject to annual appropriation of
the necessary funds; and
WHEREAS,the City Council has determined that the City's participation in the Hub and the
sharing of costs with the other Participating Agencies are in the best interests of the City and its.
citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that it is in the best interests of the City
to approve and adopt the Agreement.
Section 2. That the Mayor is hereby authorized and directed to execute the Agreement
on behalf of the City in substantially the form shown on Exhibit"A,"with such additional teens and
conditions as the Mayor, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City or effectuate the purpose of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of May A.D. 2013.
Ma or
ATTEST:
iOF FORT-
City Clerk SEAL :
cNORPAOO
EXHIBIT A
2013 INTERGOVERNMENTAL AGREEMENT
CONCERNING LARIMER COUNTY JUVENILE ASSESSMENT CENTER AKA THE
HUB AND JUVENILE TRANSPORT SERVICES
This agreement is made between the Board of County Commissioners of Larimer County,
Colorado (County) and the City of Fort Collins (Fort Collins), City of Loveland (Loveland), the
Town of Estes Park (Estes), the Town of Berthoud (Berthoud), the Colorado State University
Police Department (CSU), the Colorado State Patrol and the Larimer County Sheriff's Office
(Sheriff) referred to collectively hereafter as "Law Enforcement".
I. RECITALS_
1. The County owns certain property located at 2555 Midpoint Drive, Suite F, Fort Collins,
Colorado, which property is currently used and known as "The Hub".
2. The County has expended funds and will continue to expend funds for ongoing
operational costs (including personnel) and maintenance of The Hub.
3. Staff of Larimer County Department of Human Services are located in The Hub,
including dedicated Hub staff(intake specialists, social caseworker, office assistants and
a Hub manager).
4. The purpose of The Hub is:
To function as a coordinated multi-agency program which contributes to the safety of
youth, families, and the community through rapid, thorough assessment; early
intervention; and improved access to appropriate services.
The Hub is designed to screen service needs of families with children and youth aged birth to 18
who are in need of services due to:
• Abuse and neglect
• Delinquency
• High risk behaviors that are non-detainable or beyond the control of parent(s)
• Parent—child conflict
• Drug and alcohol abuse
• Runaway youth
Services include:
• Detention screening and related services such as fingerprinting and detention screen
photos
• EFIM hookups 24/7
• EHM monitoring during afterhours, on weekends, and over holidays
• Adult protection screening
• Comprehensive assessment of at-risk children and youth
• On-site services may include individual and family counseling and multi-disciplinary
staffing
• Referral to appropriate agency and community services
5. Juveniles brought to The Hub by Law Enforcement, including juveniles from the
unincorporated areas of Larimer County, receive screening services through The Hub,
which services benefit Law Enforcement and promote the welfare and safety of the
citizens in their jurisdictions.
6. In exchange for services received by Law Enforcement through The'Hub, the parties have
agreed that it is appropriate and fair that Law Enforcement contribute to the County's
cost for operation and maintenance of The Hub and for the cost of their share of juvenile
transports.
7. Part 2 of Article 1 of Title 29, C.R.S., authorizes local government to cooperate and
contract with one another to provide any function, service or facility lawfully authorized
to each, including sharing of costs.
8. The parties desire to cooperate and contract with one another concerning the operating
and maintenance of The Hub and transportation of at-risk juveniles and juveniles in
custody of Law Enforcement, and the sharing of the costs for the same, as set forth in this
Agreement.
II. TERMS
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
9. County Operation of The Hub
The County agrees to operate The Hub for the.purposes set forth in Paragraph 4, above, at
2555 Midpoint Drive, Suite F, Fort Collins, Colorado, during the term of this Agreement.
The Hub will be open and available for Law Enforcement to bring juveniles in custody,
alleged juvenile offenders, or at-risk youth in need of services. The Hub will be open to Law
Enforcement and staffed by qualified intake specialists twenty-four hours per day, seven days
a week, throughout each calendar year. In the event of severe inclement weather or other
emergency, the County may not be able to provide services; if a decision is made that Hub
staff cannot provide any services or must restrict services, Hub staff will notify Law
Enforcement.
10. Operating Costs
A. For each calendar year, each Law Enforcement entity shall pay its contribution to the
Larimer County Department of Human.Services in one lump sum on or before June 30th
each year for The Hub estimated operating expenses for that year. The County will bill
Law Enforcement no later than March 31 each year. The respective contribution of the
costs for each Law Enforcement entity shall be determined based upon the prior calendar
year's referral data. The contribution will equal The Hub's estimated operating expenses
for the current year multiplied by the number of referrals each Law Enforcement entity
made to The Hub divided by the total number of participating Law Enforcement referrals
The Hub received.
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B. The operating costs of The Hub that shall be shared on a pro-rata basis by Law
Enforcement shall include, but are not limited to, such expenses as office supplies; food
supplies (for the children and youth); staff background checks and notary; stand-by
security; staff travel and training; equipment; charges for space, utilities, repair and
maintenance, including alterations, and janitorial; telephone and Internet, copier and
printing, postage, and computer. No costs for any Hub personnel shall be considered part
of The Hub operating costs for the purposes of this agreement.
C. The County shall provide to Law Enforcement an estimated budget for The Hub
operating costs no later than June 30 of each year for the following calendar year. That
budget will be finalized in February of the following year based on actual costs for the
prior year and estimated costs for the new calendar year. The final budget shall be
provided to Law Enforcement within 15 days of its completion along with an invoice, but
in any case, no later than February 28.
D. In the event that a Law Enforcement entity questions or disputes the amount of their
contribution or the appropriateness of the expenses budgeted, that party shall notify the
County in writing within ten days of receipt of the budget information. Upon receipt of
the questions or dispute, the County shall either provide a correct contribution amount
within 30 days or schedule a meeting with the party within 15 days to discuss and resolve
the questions or dispute.
E. Due to requests by Law Enforcement for their budget planning purposes to have fixed
operating costs for any specific calendar year, the parties agree that no adjustment will be
made to the amounts due once Law Enforcement has been billed.
11. Transport Services
Juveniles screened by The Flub at the request of Law Enforcement who require secure
detention shall be transported to a detention or secure facility by Latimer County Department
of Community Corrections ("Community Corrections") personnel. Juveniles may also be
transported to other facilities to receive services, such as Poudre Valley Hospital or Mountain
Crest, when determined by HUB staff to be in the best interest of the juvenile. In the event of
severe inclement weather or other emergency, the County may not be able to provide
transportation services; if a decision is made that Community Corrections staff cannot
provide transportation services, Hub staff will notify all Law Enforcement agencies. If
Community Corrections personnel provide transport, the Law Enforcement entity that
requested the screening shall pay to Larimer County Community Corrections a transport fee
for each trip; said rate to be assessed in the manner set forth in paragraph 12 below.
Juveniles will also be transported by Community Corrections personnel from detention
facilities to their first and subsequent court appearances. The Law Enforcement entity shall
not be liable for damage or injury resulting from or associated with the transportation of any
such juvenile or welfare or treatment of any such juveniles during the course of said
transportation; provided, however, that Community Corrections shall not be liable for
damage or injury resulting from the negligent acts or omissions of any person or entity other
than Community Corrections. Any such transportation services shall be provided in
accordance with all applicable laws. One trip is generally defined as a one-way transport. A
transport is transportation provided for one juvenile either to detention or to another
designated location.
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12. Transport Fees
Transport fees will be assessed based on each eligible trip provided for ajuvenile. The fees to
be charged for each trip will depend on the costs incurred by Community Corrections.
Community Corrections agrees to notify each Law Enforcement entity of the number of
juveniles transported each month on their behalf. The cost per trip (i.e. the rate structure for
transports) will initially be set as indicated on the transport fee schedule listed below and will
be effective for transports made starting January 1, 2013. Community Corrections will bill
each Law Enforcement entity monthly for transports made during the preceding month and
will include the dates of transports, destinations, and juveniles' names (and birth-dates where
possible). Each year no later than June 30, the County will communicate in writing to Law
Enforcement the transportation rates that will be effective for the next calendar year, which
transportation rates will be based on Community Corrections actual costs of the current year
and the projected costs of the next year.
Standard Transport Fee Schedule for Calendar Year 2013.
Law Enforcement Entity Emergency Transport 151 Court Return
Fort Collins PS, Loveland PD, $464 Included
Berthoud PD
Colo. State Patrol, Estes PD, $464 unless LE does $126 if LE performs the
Colo. State Univ. transport emergency transport,
otherwise included
Fees are based on each juvenile transported. Special rates apply for emergency transports of
more than one juvenile in the same vehicle at the same time for the same Law Enforcement
agency: $338 for I"juvenile, $100 for each additional juvenile and $126 for each 1" court
return; for example for 2 juveniles transported at the same time for the same Law
Enforcement agency the total fee would be $690 instead of$928.
13. Effective Date
This Agreement will be effective January 1, 2013 and shall continue for one (1) year until
December 31, 2013, unless terminated as provided for in paragraph 14 or 20, or amended as
provided for in paragraph 22. This agreement automatically renews each year until
December 31, 2017 unless modified by the parties in writing or earlier terminated pursuant to
Paragraph 14.
14. Termination
Any party may terminate their participation in this agreement for any reason by providing
written notice to all other parties at least sixty (60) days prior to January 1S1 of each year.
4.
15. Records
The County shall keep for a period of no less than three (3) years records sufficient to
accurately document operating costs for The Hub, payments received from Law
Enforcement, total number of youth served, number of youth served on behalf of each party,
number of youth transported on behalf of each party, date of transport and return, and place
to which transported. The County shall allow any of the parties to inspect and/or copy such
records upon reasonable notice.
16. Notices
All notices should be sent to the parties and addresses below:
To Larimer County: To Larimer County:
The Hub—CYF Division Community Corrections
Angela Mead Joseph Ferrando
2555 Midpoint Drive, Suite F 2255 Midpoint Drive
Fort Collins, CO 80525 Fort Collins, CO 80525
To Fort Collins: To Fort Collins:
City Manager- Darin Atteberry Chief of Police John Hutto
P.O. Box 580 P.O. Box 580
Fort Collins, CO 80522-0580 Fort Collins, CO 80522-0580
To Loveland: To Loveland:
City Manager-Bill Cahill Chief of Police Luke Hecker
500 East Third Street Suite 300 810 E 10`h St, Suite 100
Loveland, CO 80537 Loveland, CO 80537
To Berthoud:
Chief of Police-Chief Glenn Johnson
328 Massachusetts Avenue
P.O. Box 1229
Berthoud, CO 80513
To Larimer County Sheriff:
Sheriff Justin Smith
2501 Midpoint Drive
Fort Collins, CO 80525
To Estes Park:
Chief Wes Kufeld
170 McGregor Ave
P.O. Box 1287
Town of Estes Park Police Department
Estes Park, CO 80517
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To Colorado State University:
Chief Wendy Rich-Goldschmidt
Colorado State University Police Department
Fort Collins, CO 80525-6023
To Colorado State Patrol:
Captain Rob Marone
Colorado State Patrol
3832 S. 1-25
Fort Collins, CO 80525
17. Default
If a party fails or refused to perform according to the terms of this Agreement, such party
may be declared in default. In the event that a party is declared to be in default and given
written notice, such defaulting party shall be allowed a period of ten days after the written
notice within which to cure said default. In the event the default remains uncorrected, the
party declaring default may seek damages or avail itself of any other remedy at law or equity.
18. Assignment/No Third Party Beneficiaries
No party shall assign, transfer or otherwise convey any of its interest, rights or obligations in
this Agreement without the written consent of the other parties. This agreement is made for
the sole and exclusive benefit of the parties hereto and shall not be construed to be an
agreement for the benefit of any third party or parties and no third party shall have a right of
action hereunder for any cause whatsoever.
19. Governing Law and Governmental Immunity
This Agreement shall be governed by, and construed in accordance with the laws of the State
of Colorado. No term or condition in this agreement shall be deemed a waiver of any
provision of the Colorado Governmental Immunity Act for any party.
20. Annual Appropriation
The parties acknowledge that the operation of The Hub by the County and the obligation of
Law Enforcement to contribute to operating costs and pay transport fees are subject to each
party's annual budgeting and appropriation of funds to operate The Hub and provide or pay
for transport. The County may discontinue such services and terminate this Agreement if it
does not have sufficient funds. If the Law Enforcement parties do not budget and appropriate
sufficient funds to contribute to operating costs and transport fees, this Agreement will
terminate as to that entity. Upon such termination, the County shall be paid for services
rendered to such entity prior to the date of termination, and shall have no obligation to further
provide services to that entity's youth.
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21. Severability
All portions of this Agreement are severable. If one or more portions of this Agreement are
found to be unlawful, against public policy or unenforceable, the remaining portions of this
Agreement shall be unaffected and remain in full force and effect.
22. Amendment
This Agreement may be amended upon agreement of the parties, provided such amendment
is in writing and signed by all parties or the parties to which the amendment applies.
23. Entire Agreement
This Agreement states the entire agreement of the parties and all prior oral or written
representations or agreements between the parties are merged into and superseded by the
express terms of this Agreement.
The rest of this page is left blank on purpose.
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24. Counterpart Signatures
The parties agree that counterpart signatures (each party will have a separate signature page)
of this Agreement shall be acceptable and that execution of the Agreement in the same form
by each and every party shall be deemed to constitute full and final execution of the
Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the
parties' duly authorized representatives as set forth below.
For Larimer County
By:
Approved as to Form: Linda Hoffmann, County Manager
Date:
Senior County Attorney
By:
Ginny Riley, Director
Department of Human Services
Date:
By:
Joe Ferrando, Director
Community Corrections
Date:
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25. Counterpart Signatures
The parties agree that counterpart signatures (each party will have a separate signature page)
of this Agreement shall be acceptable and that execution of the Agreement in the same form
by each and every party shall be deemed to constitute full and final execution of the
Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the
parties' duly authorized representatives as set forth below.
The City of Fort Collins, Colorado
A Municipal Corporation
Approved as to Form:
By:
Darin Atteberry, City Manager
City Attorney's Office
Date:
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26. Counterpart Signatures
The parties agree that counterpart signatures (each party will have a separate signature page)
of this Agreement shall be acceptable and that execution of the Agreement in the same form
by each and every party shall be deemed to constitute full and final execution of the
Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the
parties' duly authorized representatives as set forth below.
The City of Loveland, Colorado
A Municipal Corporation
Approved as to Form:
By:
William Cahill, City Manager
City Attorney's Office
Date:
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27. Counterpart Signatures
The parties agree that counterpart signatures (each party will have a separate signature page)
of this Agreement shall be acceptable and that execution of the Agreement in the same form
by each and every party shall be deemed to constitute full and final execution of the
Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the
parties' duly authorized representatives as set forth below.
The Town of Estes Park
Approved as to Form:
By:
Date:
1
28. Counterpart Signatures
The parties agree that counterpart signatures (each party will have a separate signature page)
of this Agreement shall be acceptable and that execution of the Agreement in the same form
by each and every party shall be deemed to constitute full and final execution of the
Agreement.
1N WITNESS WHEREOF, the parties have caused this Agreement to be executed by the
parties' duly authorized representatives as set forth below.
Colorado State University, Colorado
Approved as to Form:
By:
Colorado State University Official
Date:
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29. Counterpart Signatures
The parties agree that counterpart signatures (each party will have a separate signature page)
of this Agreement shall be acceptable and that execution of the Agreement in the same form
by each and every party shall be deemed to constitute full and final execution of the
Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the
parties' duly authorized representatives as set forth below.
Larimer County Sheriff, Colorado
By:
Date:
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30. Counterpart Signatures
The parties agree that counterpart signatures (each party will have a separate signature page)
of this Agreement shall be acceptable and that execution of the Agreement in the same form
by each and every party shall be deemed to constitute full and final execution of the
Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the
parties' duly authorized representatives as set forth below.
Colorado State Patrol
Approved as to Form:
By:
Colorado State Patrol Official
Date:
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31. Counterpart Signatures
The parties agree that counterpart signatures (each party will have a separate signature page)
of this Agreement shall be acceptable and that execution of the Agreement in the same form
by each and every party shall be deemed to constitute full and final execution of the
Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the
parties' duly authorized representatives as set forth below.
The Town of Berthoud, Colorado
By:
Date:
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COLG,.ADO STATE UNIVERSITY ADDENe JM TO
2013 INTERGOVERNEMENTAL AGREEMENT
CONCERNING LARIMER COUNTY JUVENILE ASSESSMENT CENTER AKA THE HUB
AND JUVENILE TRANSPORT SERVICES
THIS ADDENDUM concerning the above-titled Intergovernmental Agreement ("the
Agreement") is entered into by and between the Parties named in the Agreement, effective as of
the date that Colorado State University Police Department, acting by its authorized
representatives, executes the Agreement.
1. Payment pursuant to this contract shall be made as earned, in whole or in part, from available
state funds in an amount not to exceed the amount of funds available for each fiscal year this
contract is in effect. The funds that are available for each fiscal year may be used to pay
multiple contractors for the services that are described in this contract. The liability of the
State, at any time, for such payments shall be limited to the unexpended amount remaining of
such funds.
2. The Colorado Special Provisions are required to be incorporated into and made a part of
every fiscal contract of the State of Colorado and its agencies and institutions of higher
education, and are hereby so incorporated as set forth below. In the event of any conflict
between anything contained in the Agreement, and anything contained in the Special
Provisions, the Special Provisions shall always control the fiscal obligations of Colorado
State University.
SPECIAL PROVISIONS
The Special Provisions apply to all contracts except where noted in italics.
I. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until
it has been approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable
after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted, and otherwise made available.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-
101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as
applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-1. Contractor shall perform its duties
hereunder as an independent contractor and not as an employee. Neither Contractor nor any
agent or employee of Contractor shall be deemed to be an agent or employee of the State.
Contractor and its employees and agents are not entitled to unemployment insurance benefits
through the State and the State shall not pay for or otherwise provide such coverage for
Contractor or any of its agents or employees. Unemployment insurance benefits will be
available to Contractor and its employees and agents only if such coverage is made available
by Contractor or a third party. Contractor shall pay when due all applicable employment
taxes and income taxes and local head taxes incurred pursuant to this contract.
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