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HomeMy WebLinkAbout2022 Ordinance No. 009 -1- BY AUTHORITY ORDINANCE NO. 9 COUNCIL BILL NO. 09 SERIES OF 2022 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF LITTLETON, CITY OF SHERIDAN, ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO FOR THE DEVELOPMENT OF A TRI-CITIES HOMELESSNESS COORDINATOR POSITION. WHEREAS, Article XIV, Section 18 (2) (a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S., encourages and authorizes intergovernmental agreements; WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S., authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; WHEREAS, on June 21, 2021, City Council approved an Intergovernmental Agreement between the Cities of Englewood, Littleton, Sheridan, and Arapahoe County to develop a Tri- Cities Homelessness Plan of Action; and WHEREAS, the developed Plan calls for the establishment of a Tri-Cities Homeless Coordinator to coordinate the implementation of the plan in a manner to ensure connection to homelessness work and goals established by the County and regional best practices; and WHEREAS, in order to do so, the Parties must enter into a separate Intergovernmental Agreement to fund the estimated cost of $110,000 as follows: The Cities of Englewood and Littleton shall each pay $44,000 per year for three years, and the City of Sheridan shall pay $22,000 per year for three years (with the County’s share provided in-kind, through providing employment, oversight, materials, equipment/supplies, and a workplace). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The "Intergovernmental Agreement between the Cities of Sheridan, Englewood, Littleton, and the County of Arapahoe, Colorado for the Development of a Tri-Cities Homelessness Coordinator Position” attached hereto as “Exhibit A,” is hereby accepted and approved by the City Council of the City of Englewood, Colorado. DocuSign Envelope ID: 2EBE40A2-1B1B-4EBF-A581-511190BAC23C -2- Section 2. The Mayor is hereby authorized and directed to execute the Intergovernmental Agreement attached as Exhibit A, and all documents and certificates necessary or desirable to effectuate the provisions of the Agreement, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced agreements, documents and certificates. The execution of any agreements, documents and certificates by said officials shall be conclusive evidence of the approval by the City of such agreements, documents and certificates in accordance with the terms thereof and this Ordinance. Introduced, read in full, and passed on first reading on the 22nd day of February, 2022. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 24th day of February, 2022. Published as a Bill for an Ordinance on the City’s official website beginning on the 23rd day of February, 2022 for thirty (30) days. Read by Title and passed on final reading on the 7th day of March, 2022. Published by Title in the City’s official newspaper as Ordinance No. 9, Series of 2022, on the 10th day of March, 2022. Published by title on the City’s official website beginning on the 9th day of March, 2022 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Othoniel Sierra, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 9, Series of 2022. Stephanie Carlile DocuSign Envelope ID: 2EBE40A2-1B1B-4EBF-A581-511190BAC23C 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF SHERIDAN, ENGLEWOOD, LITTLETON AND THE COUNTY OF ARAPAHOE, COLORADO FOR THE DEVELOPMENT OF A TRI-CITIES HOMELESSNESS COORDINATOR POSITION This Intergovernmental Agreement (the “Agreement”) is entered into and effective as of this ____ day of _______________, 2021 by and between the City of Sheridan, Colorado a home rule municipality in the State of Colorado located at 4101 S. Federal Boulevard, Sheridan, Colorado, 80110, the City of Englewood, a home rule municipality of the State of Colorado located at 1000 Englewood Parkway, Englewood, Colorado 80110, the City of Littleton, a home rule municipality of the State of Colorado located at 2255 W. Berry Avenue, Littleton, Colorado 80120 (hereafter referred to as the “Cities”), and the County of Arapahoe, a statutory county of the State of Colorado located at 5334 South Prince Street, Littleton, Colorado, 80120 (hereinafter referred to as the “County”). The Cities and the County may be individually referred to as the “Party” or collectively referred to herein as the “Parties”. WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S., encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 28-1-203 and 29-1-203.5, C.R.S., authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; WHEREAS, the Cities and County are all experiencing an increase of homelessness in their communities; and WHEREAS, in 2019 the Cities along with the County, engaged the University of Denver Graduate School of Social Work to perform an initial assessment which interviewed and analyzed data from both single persons and families experiencing homelessness; and WHEREAS, with the conclusion of the initial assessment, the Parties engaged Florence Aliese Advancement Network, LLC, to develop an incremental operational action plan organized into priority areas, such as family homelessness and governance, with recommendation for action- steps based on national and regional best practices; and WHEREAS, a written Tri-Cities Homelessness Plan of Action (“Plan of Action”) developed by Florence Aliese Advancement Network, LLC identified stakeholder roles and responsibilities and identified current and/or potential future funding opportunities including strategic steps based on regional and national best-practices and local culture, to create a solid foundation for a coordinated response system; and WHEREAS, the plan was adopted by the Cities and calls for the establishment of a Tri-Cities Homelessness Coordinator (“Coordinator”) to coordinate the implementation of the plan in a manner to ensure connection to homelessness work and goals established by the County and regional best practices. DocuSign Envelope ID: 2EBE40A2-1B1B-4EBF-A581-511190BAC23C 2 NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the Parties hereby agree as follows: The recitals set forth above are incorporated into this Agreement and shall be deemed to be terms and provisions of this Agreement, to the same extent as if fully set forth in this section. I. Roles of the Parties A. The County agrees to: 1. Provide oversight of the Coordinator through the County Homelessness Administrator, who will provide day to day oversight of the Coordinator. 2. Provide employment to Coordinator. a. Provide an employment contract to the Coordinator. b. Provide payments to Coordinator. c. Provide appropriate County benefits to the Coordinator. 3. Provide materials and a workspace for the Coordinator. a. Provide a workspace, in close proximity to that of the County Homelessness Administrator, for the Coordinator. b. Provide a computer, County email address, and cell phone for the Coordinator. 4. Provide funding only for projects reviewed and approved by the Board of County Commissioners. The County is not committing any funding based on the workplan without further approval as required by this paragraph. B. The Cities agree to: 1. Provide funding for the Coordinator. a. With an estimated total cost of $110,000, including benefits and materials, the City of Englewood agrees to pay $44,000 per year for the term of the agreement, the City of Littleton agrees to pay $44,000 per year for the term of the agreement, and the City of Sheridan agrees to pay $22,000 per year for the term of the agreement. b. Workplan of Homelessness Coordinator The Cities will develop and provide the County with an annual workplan for the Coordinator, developed based on the elements of the Plan of Action. The workplan will be approved by the County prior to the enactment of the workplan. C. The Cities and the County agree to jointly: 1. Hire a Tri-Cities Homelessness Coordinator. The cities will recommend a candidate for the Tri-Cities Homelessness Coordinator to the County. II. Reporting 1. Tri-Cities Homelessness Policy Committee: a. On a monthly basis, the Coordinator will file a short report and present it to the monthly meeting of the Tri-Cities Homelessness Policy Committee. b. The monthly reports to the Tri-Cities Homelessness Policy Committee should provide a summation of key milestones achieved and deliverables met, as well as any major challenges encountered. DocuSign Envelope ID: 2EBE40A2-1B1B-4EBF-A581-511190BAC23C 3 c. The report should be filed three days before the meeting and shall be sent to the City Manager’s Office of the City that is coordinating the Committee that year. 2. Homeless Program Administrator and Tri-Cities Management: a. On a bi-monthly basis, the Arapahoe County Homeless Program Administrator will meet with the Tri-Cities designated management to discuss progress and plans. 3. Councils and Board of County Commissioners: a. On an annual basis, the Coordinator will file a report and present it to scheduled meetings of each of the three City Councils as well as the Arapahoe County Board of County Commissioners. b. The report to the Councils and Commissioners should be a detailed progress update, including a status update on each deliverable and data towards metrics included in each plan. c. The date of the report and filing deadlines should be coordinated with the City Manager’s Office and City Clerk in each city. The reports to the Councils must be made in January or February of each calendar year. 4. Annual Report: a. On an annual basis, the Coordinator will develop an annual report. b. The annual report will contain details on the status of each project and data towards each metric. c. The annual report shall serve as the basis for annual reports to the City Councils and the Board of County Commissioners. III. Time Period The time period of this Agreement shall run for two years, beginning on January 1, 2022, and ending on December 31, 2024. This Agreement can be renewed for additional one-year periods by written agreement of the Parties after the initial term expires. IV. Notices Any notice, demand, or request required by or relating to this Agreement shall be given by personal delivery, by facsimile, or sent by registered or certified mail, postage prepaid, to each Party at the addresses set forth herein. CITY OF SHERIDAN: CITY OF ENGLEWOOD: City of Sheridan City of Englewood 4101 S. Federal Boulevard 1000 Englewood Parkway Sheridan, CO 80110 Englewood, CO 80110 Attn: Devin Granberry Attn: J. Shawn Lewis Telephone: (303)762-2200 Telephone: (303)762-2310 Facsimile: (303)438-3398 Facsimile: (303)762-2310 E-mail: dgranberry@ci.sheridan.co.us E-mail: slewis@englewoodco.gov CITY OF LITTLETON: ARAPAHOE COUNTY City of Littleton Arapahoe County DocuSign Envelope ID: 2EBE40A2-1B1B-4EBF-A581-511190BAC23C 4 2255 W. Berry Avenue 5334 South Prince Street Littleton, CO 80120 Littleton, CO 80120-1136 Attn: Mark Relph Attn: Katherine Smith Telephone: (303)795-3720 Telephone: (303)738-8040 Facsimile: (303)795-3818 Facsimile: (303)738-8099 E-mail: mrelph@littletongov.org E-mail: ksmith@arapahoegov.com V. Additional Terms A. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to create any third-party benefits or beneficiaries or create a right or cause of action for the enforcement of its terms, in any entity or person not a Party to this agreement. B. Amendments. This Agreement shall be amended only by a written document approved by the governing bodies of all of the Parties; provided, however, that such agreement will not affect other outstanding financial obligations of the Parties unless provisions for full payment of such obligations, by escrow, or otherwise, has been made pursuant to such obligations. C. Non-Appropriation. This Agreement shall not be construed to create a multiple fiscal- year direct or indirect debt or other financial obligation of the Parties within the meaning of Article X, Section 20 of the Colorado Constitution. Pursuant to C.R.S. § 29-1-110, as amended, the financial obligations of the Parties as set forth herein after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available by the Parties’ respective governing bodies. D. Termination for Non-Appropriation. Notwithstanding any above-stated notice requirement, this Agreement is automatically terminated on January 1st of the first fiscal year for which funds are not appropriated. A Party shall give the other Parties written notice of such non-appropriation. Such withdrawal shall not impose a penalty against the Parties in the event of a failure to appropriate sufficient funds E. No Assignment. This Agreement may not be assigned by any Party. F. Severability. In the event that any of the terms, covenants, or conditions of this Agreement, or their application, shall be held invalid as to any person, corporation, or circumstances of any court having competent jurisdiction, the remainder of this Agreement, and the application and effect of its terms, covenants, or conditions to such persons, corporations, or circumstances shall not be affected thereby. G. Governmental Immunity. This Agreement is not intended, and shall not be construed, as a waiver of the limitations on damages or any of the privileges, immunities, or defenses provided to, or enjoyed by the Parties, their employees and volunteers, under federal or state constitutional, statutory, or common law, including but not limited to the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., et seq., as may be amended. H. Governing Law, Jurisdiction, and Venue. Colorado law governs this Agreement. Jurisdiction and venue shall lie exclusively in the District Court for Arapahoe County. DocuSign Envelope ID: 2EBE40A2-1B1B-4EBF-A581-511190BAC23C I. Waiver of Breach. A Party’s waiver of another Party’s breach of any term or provision of this Agreement will not operate or be construed as a waiver of any subsequent breach by any Party. J. Execution. This Agreement may be executed in several counterparts, and by facsimile, or electronic pdf, each of which will be an original, and all of which together will constitute one and the same instrument. IN WITNESS THEREOF, the Parties have caused to be executed this Intergovernmental Agreement regarding the Tri-Cities Homelessness Coordinator. CITY OF SHERIDAN ARAPAHOE COUNTY ___________________________ ___________________________ Name: Name: Title: Title: Date:_______________________ Date:_______________________ ATTEST: ATTEST: ___________________________ ___________________________ APPROVED AS TO FORM: ___________________________ CITY OF ENGLEWOOD CITY OF LITTLETON ___________________________ ___________________________ Name: Name: Title: Title: Date:______________________ Date:_______________________ ATTEST: ATTEST: ___________________________ ___________________________ DocuSign Envelope ID: 2EBE40A2-1B1B-4EBF-A581-511190BAC23C Mayor - City of Englewood 3/10/2022 Othoniel Sierra APPROVED AS TO FORM: APPROVED AS TO FORM: ___________________________ ___________________________ DocuSign Envelope ID: 2EBE40A2-1B1B-4EBF-A581-511190BAC23C 7 Workplan of the Coordinator 1. Year 1 (January 1, 2022- December, 2022) a. Building a strong foundation i. Formalize a regional leadership body ii. Partner with the Cities to increase local government staff capacity iii. Increase participation in the Homelessness Management Information System (HMIS) iv. Increase referrals to MDHI’s OneHome System v. Partner with Built for Zero vi. Develop a system of tracking and reporting on plan implementation and outcome achievement vii. Create a Tri-Cities webpage viii. Create a Welcome Home community engagement program b. Develop a single adult system i. Designate a lead service provider ii. Continue to support local meal programs c. Develop workforce development programs i. Continue to pursue Bridge House’s Ready-to-Work partnership ii. Promote local online skills training programs iii. Launch Cross Purpose d. Develop a family system i. Engage the local School districts as a resource partner ii. Designate a lead service provider iii. Promote new resources for homeless prevention 2. Year 2 (January, 2023- December, 2023) a. Building a strong foundation i. Create a lived experience advisory board ii. Streamline volunteer and giving opportunities b. Develop a single adult system i. Create a central navigation center ii. Launch a coordinated outreach team iii. Pilot a safe parking program iv. Promote shared housing v. Strengthen outreach to landlords c. Develop workforce development programs i. Engage local Chambers of Commerce d. Develop a family system i. Pilot a peer-support specialist program to outreach to homeless families ii. Explore expanding HVC to families 3. Year 3 (January, 2023- December, 2023) a. Building a strong foundation b. Develop a single adult system i. Create an online platform to request homeless services DocuSign Envelope ID: 2EBE40A2-1B1B-4EBF-A581-511190BAC23C 8 ii. Convene local healthcare providers to discuss feasibility of a street medicine team iii. Sponsor a feasibility analysis for permanent supportive housing c. Develop workforce development programs Develop a family system DocuSign Envelope ID: 2EBE40A2-1B1B-4EBF-A581-511190BAC23C