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Home My WebLink About08690 As Amended December 23, 2013 ORDINANCE NO. 8690 AN ORDINANCE APPROVING AMENDMENT NO. 9 TO AGREEMENT FOR COMMUNITY SERVICES PLANNING, ADMINISTRATION AND ACCOUNTABILITY SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO WHEREAS, City and County have heretofore entered into an Agreement dated July 14, 2003, (hereinafter "the Agreement ") wherein the parties set forth their agreement concerning cooperation in the funding, contracting and compliance monitoring of non - profit community service organizations. WHEREAS, the parties desire to continue the cooperative arrangement for another year and it is therefore necessary and desirable that the Agreement be amended to extend its term for said period; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Amendment No. 9 to the Agreement, dated November 19, 2013 and between the City of Pueblo, a Municipal Corporation and the Board of County Commissioners of the County of Pueblo, ( "Amendment No. 9 "), for community services planning, administration and accountability services, a copy of which is attached and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Administrative expenses are hereby capped at 5% and are not to exceed $56,623.45. SECTION 3. The officers and staff of the city are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Amendment No. 9, to effectuate the transactions described therein. SECTION 4. The President of the City Council is hereby authorized to execute Amendment No. 9 in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 5. This Ordinance shall become effective immediately upon final passage. INTRODUCED: December 9, 2013 BY: Chris Kaufman APPRO PRESIDENT OF CI COUNCIL ATTESTED BY: TY CLERK PASSED AND APPROVED: December 23, 2013 As Amended December 23, 2013 Background Paper for Proposed ORDINANCE DATE: DECEMBER 9, 2013 AGENDA ITEM # '- / ( R -11 DEPARTMENT: HOUSING AND CITIZEN SERVICES ADA CLARK, DIRECTOR TITLE AN ORDINANCE APPROVING AMENDMENT NO. 9 TO AGREEMENT FOR COMMUNITY SERVICES PLANNING, ADMINISTRATION AND ACCOUNTABILITY SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PUEBLO ISSUE Shall City Council extend the Agreement for Community Services Planning, Administration and Accountability Services entered into with Pueblo County in July of 2003? RECOMMENDATION Approval of the Ordinance. BACKGROUND The City of Pueblo entered into a service agreement with Pueblo County concerning cooperation in the funding, contracting and compliance monitoring of non - profit community service organizations, with Pueblo County providing said services. This Agreement is renewed on a yearly basis. The Agreement entered into earlier this year expires on December 31, 2013. The Amendment No. 9 achieves the following: 1) extends the date of the Agreement to December 31, 2014; 2) changes the administrative compensation rate to the County. The County is requesting that compensation be set at 5% of the total CSAC combined allocations. FINANCIAL IMPACT In the original intergovernmental agreement the County proposed a flat fee for administering the CSAC funds. This Amendment 9, changes that compensation from a flat fee to a percentage rate. If approved, the County will take 5% of the yearly combined allocations to cover administrative costs. The table below shows the impact on the 2014 funding. The table also provides a look at what that administrative fee looks like during healthier funding cycles, such as in 2009. The Amendment has no provisos regarding how the administrative fee charged relates to actual staff time spent on CSAC qualified expenses. County City Balance for Allocation Allocation Total Funding 5% Admin Fee Agency Funding 2014 $ 500,000.00 $ 632,469.00 $ 1,132,469.00 $ 56,623.45 $ 1,075,845.55 2009 $ 900,000.00 $ 900,000.00 $ 1,800,000.00 $ 90,000.00 $ 1,710,000.00 AMENDMENT NO. 9 TO AGREEMENT FOR COMMUNITY SERVICES PLANNING, ADMINISTRATION, AND ACCOUNTABILITY SERVICES THIS AMENDMENT NO. 9 To the Agreement For Community Services Planning, Administration, and Accountability Services is made and entered into this ,2 " ji " day of e c e b t r , 2013, by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "City "), and the Board of County Commissioners of the County of Pueblo (hereinafter referred to as "County "). WHEREAS, City and County have heretofore entered into an Agreement dated July 14, 2003 (hereinafter "the Agreement "), and prior Amendments Nos. 1, 2, 3, 4, 5, 6, 7, and 8 thereto, wherein the parties set forth their agreement concerning cooperation in the funding, contracting, and compliance monitoring of non - profit community service organizations; and WHEREAS, the parties desire to continue the cooperative arrangement for another calendar year and it is therefore necessary and desirable that the Agreement be amended to extend its term for an additional calendar year; NOW, THEREFORE, in consideration of the foregoing and the mutual terms and conditions set forth herein, the parties agree as follows: 1. The Agreement is amended by revising section 8 (Term of Agreement) thereof to extend the expiration of the term of the Agreement to December 31, 2014, unless sooner terminated as provided in the Agreement. 2. With respect to County's services provided during the extension for the additional year set forth in section 1 above, Compensation, to be paid by the City to the County shall be deducted from the City of Pueblo's total Community Services (CSAC) allocation in the amount of 5% of the total CSAC allocation. 3. With respect to County's services provided during the extension for the additional year set forth in section 1 above, Compensation, to be paid by the County shall be deducted from the County of Pueblo's total Community Services (CSAC) allocation in the amount of 5% of the total CSAC allocation. 4. Except as expressly modified by this Amendment No. 9, the Agreement, including all prior Amendments, shall remain in full force and effect. Any obligations remaining to be performed under the original Agreement and prior Amendments by either party, including but not limited to those relating to the services to be performed by County, or the compensation payable therefore, are not waived or excused in any manner, but shall be fully performed in accordance with the terms and conditions of the Agreement as it existed prior to this Amendment No. 9. IN WITNESS WHEREOF, City and County have executed this Amendment No. 9 To the Agreement For Community Services Planning, Administration, and Accountability Services as of the date first above written. CITY OF PUEBLO, A MUNICIPAL CORPORATION ATTEST: b & _ ' ,,,, : 1111 111111111111 Aiir9 City Clerk Presl of the City Council BALANCE OF APPROPRIATION EXISTS APPROVED AS TO FORM FOR THIS CONTRACT AND FUNDS ARE AVAILABLE ° Zt/Y j -< • )"S 7 m By OYU /�I ,, --- City Attorney Director of Finance ATTEST: COUNTY OF PUEBLO T %� ® B .Pji ` /# County Clerk hairm rd of mmissioners "['SvE AL ] N v U: \HH \K \CSAC IGA AMENDMENT 9 - 2014 (11 -4 -13) (2).DOCX 2