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HomeMy WebLinkAbout2013-053-06/11/2013-AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR FUNDING OF OPERATIONS AT THE SISTER MARY AL RESOLUTION 2013-053 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR FUNDING OF OPERATIONS AT THE SISTER MARY ALICE MURPHY CENTER OF HOPE WHEREAS,the Sister Mary Alice Murphy Center of Hope,located at 242 Conifer Street(the "Murphy Center"),provides services to homeless and near-homeless persons in the Fort Collins area, averaging 156 visitors per day; and WHEREAS, the Murphy Center is currently owned by United Way of Larimer County ("United Way") and operated by Touchstone Health Partners ("Touchstone"); and WHEREAS, Serve 6.8, a nonprofit corporation affiliated with Timberline Church, has expressed interest in assuming ownership and operation of the Murphy Center,and United Way and Serve 6.8 hope to complete the transition of ownership and operation in mid-2013; and WHEREAS, United Way is seeking partners to help fund operation of the Murphy Center from January 1 to June 30, 2013, and has proposed that the following parties provide funding in the specified amounts: United Way $58,000 Bohemian Foundation $45,000 City $45,000 Serve 6.8 $35,000 and; WHEREAS,the City's funding could be paid to United Way,Touchstone,or Serve 6.8;and WHEREAS, if the City's funding is paid to United Way or Touchstone, it would be used to help pay for operation of the Murphy Center from January 1 to June 30, 2013; and WHEREAS, if the City's funding is paid to Serve 6.8, it would be used to fund future operations of the Murphy Center, replacing additional funding that United Way would otherwise have provided; and WHEREAS, the Murphy Center plays a critical role in the delivery of services to the homeless and near-homeless populations in the Fort Collins area,providing employment resources, housing assistance,financial counseling,transportation assistance,mental health and substance abuse counseling, help with obtaining food stamps and Medicaid, and everyday services such as a place to shower and wash laundry, use a computer and check voicemail; and WHEREAS,helping people avoid or get out of homelessness promotes health,safety and the general welfare, not just for those receiving services, but also for the community in general by reducing burdens on emergency medical services and law enforcement resources; and WHEREAS, the requested funding will come from contingency funds, and will not divert resources that are needed for primary functions or responsibilities of the City; and WHEREAS, homeless assistance programs support several City Council-adopted plans, including the Consolidated Housing and Community Development Plan FY2010-2014, which contains objectives and strategies for reducing and preventing homelessness, and City Plan, which speaks to the City meeting the housing needs of special populations in the community,including the homeless; and WHEREAS,a draft of the proposed Funding Agreement is attached and incorporated herein as Exhibit"A". 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, for the reasons stated above, the City's provision of funds for operation of the Murphy Center serves an important public purpose for a significant part of the community. Section 2. That the City Manger is hereby authorized to execute a Funding Agreement with Touchstone in substantially the form attached hereto as Exhibit A,together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City. Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this 1 I th day of June A.D. 2013. nrj, a or ATTEST: YP City Clerk EXHIBIT A Draft 6-5-13 FUNDING AGREEMENT THIS FUNDING AGREEMENT ("Agreement") is entered into by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (the "City") and , a Colorado nonprofit corporation, ("Agency"), and shall be effective on the date last signed below ("Effective Date"). WITNESSETH: WHEREAS, the Sister Mary Alice Murphy Center of Hope, located at 242 Conifer Street (the "Murphy Center"), provides services to homeless and near-homeless persons in the(Fort Collins area, averaging 156 visitors per day; and WHEREAS, the Murphy Center is currently owned by United Way of Larimer County ("United Way') and operated by Touchstone Health Partners; and WHEREAS, Serve 6.8, a nonprofit corporation affiliated with Timberline Church, has expressed interest in assuming ownership and operation of the Murphy Center, and United Way and Serve 6.8 hope to complete the transition of ownership and operation in mid-2013; and WHEREAS, United Way is seeking partners to help fund operation of the Murphy Center, and has proposed that the following parties provide funding in the specked amounts: United Way $58,000 Bohemian Foundation $45,000 City $45,000 Serve 6.8 $35,000 and; WHEREAS, the Murphy Center serves an important public purpose as a key provider of services to the homeless, and the City wishes to ensure that these services remain in place during the transition in ownership of the Murphy Center. NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed as follows: 1. Scope of Services/Performance Monitoring. A. Agency will operate the Murphy Center as a one-stop center and resource for homeless services, offering programs and a level of service substantially similar to 2012. This work will be performed in compliance with all provisions of this Agreement. Agency warrants and represents that it has Draft 6-5-13 the requisite authority and capacity to perform all of its obligations hereunder. B. The funds to be provided hereunder will be used for personnel and non- personnel costs associated with operation of the Murphy Center from [date] to [date]. Agency will document how the City funds are spent and will prepare a detailed expense report to submit to the City for review and approval. C. Agency will work to ensure a smooth transition of ownership and operation for the Murphy Center from United Way to Serve 6.8, including development of an appropriate new homeless service delivery model; continuation of the existing functions of the Murphy Center as a one-stop center and entry point for homeless services; and ensuring that the process and conditions for transfer of the facility are as transparent and inclusive of critical stakeholders as is reasonably possible. D. Agency will arrange for the City to have a representative on the new advisory/leadership board of the Murphy Center. E. The City may monitor the performance of Agency against goals and standards required herein. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If Agency does not take action to correct such substandard performance within a reasonable period of time after being notified by the City, the City may terminate this Agreement. 2. Time of Performance/Term of Agreement. The term of this Agreement shall be from the Effective Date until [date]. The funding provided under this Agreement shall be used only for the purposes described above. 3. Payment of Funds. If Agency is not in default hereunder, the City will pay Agency FORTY FIVE THOUSAND DOLLARS ($45,000) upon receipt and approval of a detailed expense report which Agency certifies is a true and correct record of Agency's expenditures under this Agreement between [date] and [date]. In no event shall the City's obligation to make payment to Agency hereunder exceed $45,000. 4. Notices. Notices required to be given under this Agreement shall be hand delivered or sent by U.S. Mail or overnight commercial courier and addressed as follows: If to the City: If to Agency: 2 Draft 6-5-13 Affordable Housing Program Executive Director Advance Planning Department Entity City of Fort Collins StreetAddress P.O. Box 580 City State Zip_ Fort Collins, CO 80522-0580 5. Compliance with Laws/ Civil Rights. Agency, in performance of this Agreement, agrees to comply with all applicable Federal, State and Local laws and ordinances, and other policies, regulations and guidelines established for the City of Fort Collins, including, but not limited to, the following: A. Civil Rights. Agency agrees to comply with Chapter 13, Article II, of the City Code, Title 24, Article 34, Parts 3 through 7, C.R.S., Title VI of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, and the Americans With Disabilities Act of 1990. B. Employment Nondiscrimination. Agency will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability or other handicap, age, marital status, or status with regard to public assistance in accordance with federal, state and local laws. Agency will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. C. Religious Practice. Agency will serve all eligible beneficiaries without regard to religion and may not restrict services to people of a particular religion or by reason of their participation (or lack thereof) in religious activities. 6. Proof of Lawful Presence Agency acknowledges that the City's funds are a "public benefit" within the meaning of C.R.S. § 24-76.5-102. As such, Agency shall ensure compliance with C.R.S. § 24-76.5-103 by performing the required verifications. Specifically, when required United Way shall ensure that: 3 Draft 6-5-13 a. if the public benefit provided by the funds flows directly to a natural person (i.e., not a corporation, partnership, or other legally-created entity) 18 years of age or older, he/she must do the following: (i) complete the affidavit attached to this Agreement as Exhibit"A". (ii) attach a photocopy of the front and back of one of the following forms of identification: a valid Colorado driver's license or Colorado identification card; a United States military card or military dependent's identification card; a United States Coast Guard Merchant Mariner identification card; or a Native American tribal document. b. If an individual applying for the benefits identified herein executes the affidavit stating that he/she is an alien lawfully present in the United States, Agency shall verify his/her lawful presence through the federal systematic alien verification or entitlement program, known as the "SAVE Program," operated by the U.S. Department of Homeland Security or a successor program designated by said department. In the event Agency determines through such verification process that the individual is not an alien lawfully present in the United States, Agency shall not provide benefits to such individual with the City's Affordable Housing Funds. The City acknowledges that the Scope of Services provided by Agency herein may fall within several exceptions to the verification requirements of C.R.S. § 24-76.5-103 for non-profits. For example, certain programs, services, or assistance such as, but not limited to, soup kitchens, crisis counseling and intervention, short-term shelter or prenatal care are not subject to the verification requirements of C.R.S. § 24-76.5-103. 7. Prohibition Against Employing Illegal Aliens In compliance with C.R.S. § 8-17.5-101 Agency represents and agrees that: (a) As of the date of this Agreement, Agency does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and Agency will participate in the electronic employment verification program created in Public Law 104- 208, as amended, and expanded in Public Law 108-156, as amended, and jointly administered by the United States Department of Homeland Security and the social security administration, or its successor program (the "E-verify Program") in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. (b) Agency shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that fails to certify to Agency that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. (c) Agency has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through either the E-verify Program or the employment verification program established by the state of Colorado pursuant to Section 8-17.5-102(5)(c), C.R.S (the "department program"). 4 Draft 6-5-13 (d) Agency is prohibited from using either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. (e) If Agency obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Agency shall: (i) Notify such subcontractor and the City within three days that Agency has actual knowledge that the subcontractor is employing or contracting with an illegal alien;and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Agency shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (0 Agency shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 5-17.5-102 (5), C.R.S. (g) If Agency violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Agency shall be liable for actual and consequential damages to the City arising out of Agency's violation of Subsection 8-17.5-102, C.R.S. (h) The City will notify the Office of the Secretary of State if Agency violates this provision of this Agreement and the City terminates the Agreement for such breach. S. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Agency shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation insurance as Agency is an independent contractor. 9. Liability. As to the City, Agency agrees to assume the risk of all personal injuries, including death resulting therefrom, to persons, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in connection with or arising out of the performance or nonperformance of this Agreement by Agency or by the conditions created thereby. Agency further agrees to indemnify and save harmless the City, its officers, agents and employees, from and against any and all claims, liabilities, costs, expenses, penalties and attorney fees arising from such injuries to persons or 5 Draft 6-5-13 damages to property or based upon or arising out of the performance or nonperformance of this Agreement or out of any violation by Agency of any statute, ordinance, rule or regulation. 10. Insurance and Bonding. Agency shall carry sufficient insurance coverage to protect Murphy Center assets from loss due to theft, fraud and/or undue physical damage, and will protect the City's investment by providing Property Insurance, Workers Compensation and Employer's Liability Insurance, if applicable, Commercial General Liability Insurance and All Risk Property Damage Insurance. 11. Grantor Recognition. The Agency shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Agency will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. Such labeling and/or reference shall generally state the following: "This project is partially supported by funding from the City of Fort Collins." 12. Documentation and Record-keeping. A. Records to be Maintained. Agency shall maintain all records that are pertinent to the activities to be funded under this Agreement, and shall use reasonable and appropriate accounting systems in maintaining the records required hereunder. B. Retention. Agency shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement. 13. Prohibited Activity. Agency is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, lobbying, political patronage or nepotism activities. Funds provided under this Agreement must not be used for religious activities, to promote religious interests, or for the benefit of a religious organization. Agency cannot require a beneficiary to participate in inherently religious activities; however, a faith-based organization may retain its independence to carry out its mission, including allowing a Board of Directors to be selected based on religious practice. 14. Conflict of Interest. 6 Draft 6-5-13 Agency covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. Agency further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Agency hereunder. 15. Suspension or Termination and Default. A. Agency may terminate this Agreement at any time by giving written notice to the City of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. If Agency terminates this Agreement prior to completion of Scope of Services, the City shall have no obligation to pay the funds specified in paragraph 3. B. The City may also suspend or terminate this Agreement, in whole or in part, if Agency materially fails to comply with any term of this Agreement, and neither party will have any further obligation hereunder. C. This Agreement, and the City's obligations under it, will automatically terminate in the event of suspension or non-appropriation of funds by the City. 16. Amendments. The parties may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement and are executed in writing, signed by a duly authorized representative of both organizations. Such amendments shall not .invalidate this Agreement, nor relieve or release the City or Agency from its obligations under this Agreement, except as expressly provided therein. 17. Assignability. This contract has been awarded based on the specific qualifications and representations of Agency. Therefore, Agency shall not assign or transfer: (a) any interest in this Agreement; or (b) any of its rights or obligations under this Agreement, without the prior written consent of the City; provided, however, that claims for money due or to become due to Agency from the City under this Agreement may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. For assignments and transfers requiring City consent, Agency must give the City no less than thirty (30) days advance notice of the proposed assignment or transfer. 18. Entire Agreement/Governing Law. This Agreement including all attachments, constitutes the entire agreement between the parties hereto and no statement, promise, conditions, understanding, inducement or representation, oral or written, express or implied, which is not contained herein shall be binding or valid. This contract shall be binding upon the parties, their 7 Draft 6-5-13 agents, representatives, successors and assigns. This Agreement shall be governed under the laws of the State of Colorado. 19. Authority to Sign The persons executing this Agreement on behalf of Agency represent that one or both of them has the authority to execute this Agreement and to bind Agency to its terms. [The remainder of this page left intentionally blank] 8 Draft 6-5-13 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the most recent signatory. THE CITY OF FORT COLLINS, COLORADO . A Municipal Corporation By: Date Darin A. Atteberry, City Manager ATTEST: City Clerk APPROVED AS TO FORM: Sr. Assistant City Attorney AGENCY: A Colorado nonprofit corporation By: Date Title: Board president By: Date Executive Director Fed. I.D. Number: ATTEST: Board Secretary (Corporate Seal) 9 Draft 6-5-13 EXHIBIT A AFFIDAVIT Pursuant to section 24-76.5-103(4)(b),C.R.S. I swear or affirm under penalty of perjury under the laws of the State of Colorado that I am check one of the following): A United States citizen; or A legal Permanent Resident of the United States; or Otherwise lawfully present in the United States pursuant to federal law. I understand that this sworn statement is required by law because 1 have applied for a public benefit as defined by law. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute §18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. If I checked the second or third option above, 1 understand that my lawful presence in the United States will be verified through the Federal Systematic Alien Verification of Entitlement Program (SAVE Program). Printed Name Signature Date 10