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HomeMy WebLinkAbout2020 Ordinance No. 014BY AUTHORITY ORDINANCE NO. 14 COUNCIL. BILL NO. 14 SERIES 2020 INTRODUCED BY COUNCII. MEMBER STONE AN EMERGENCY ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY FOR THE PROVISION OF EMERGENCY RENTAL ASSISTANCE. WHEREAS, the Parties are authorized under Article XIV, Section 18 of the Colorado Constitution, and by C.R.S. § 29-1-203, to contract with one another to provide any function or service lawfully authorized to each of them; WHEREAS, in response to the economic issues arising out of the State of Colorado's Orders to prevent and protect against the continued spread of the COVID-19 virus, the City of Englewood wishes to establish a rental assistance program ("the Program") for its residents using Arapahoe's current rental assistance program as a template; WHEREAS, Arapahoe will provide an employee to Englewood to manage hotline and subsequent requests for assistance; WHEREAS, Englewood will contribute up to $200,000 to the Program to fund the Program, and a 5% administration fee; WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made available, and a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment under this Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement between the City of Englewood and Arapahoe County for the provision of Emergency Rental Assistance attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is hereby authorized to sign said Intergovernmental Agreement for and on behalf of the City of Englewood. Section 3. Emergency Declaration. The City Council of the City of Englewood hereby finds, determines and declares that an emergency exists and that this ordinance is necessary for the immediate preservation of public property, health, welfare, peace or safety for the reasons enumerated in the introductory paragraphs of this ordinance, which are incorporated into this Section 3 by reference. The City Council further determines that the adoption of this ordinance as an emergency ordinance is in the best interest of the citizens of the City of Englewood Section 4. Effective Date. Pursuant to Section 41 of the Englewood Charter this Ordinance shall take effect and be in full force upon adoption of this ordinance by the affirmative votes of at least five (5) members of the City Council. Section 5. Publication of Ordinance This ordinance shall be published in full within ten (10) days after adoption, or as soon thereafter as possible, as required by Section 41 of the Englewood Charter. Introduced, read in full, and passed on first reading on the 6 6 day of April, 2020. Published by Title as a Bill for an Emergency Ordinance on the City's official website on the 81° day of April, 2020. Read by Title and passed on final reading on the 8' day of April, 2020. Published in full as an Emergency Ordinance on the City's official website on the 9' day of April. ATTEST: City Clerk Linda Olson, Mayor I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Emergency Ordinance passed on final reading and published by Title as Ordinance No. 14, Series of 2020. Stephanie Carlile 2 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (hereinafter the "Agreement") is entered into to be effective upon the date of mutual execution hereof, by and between the CITY OF ENGLEWOOD, Colorado ("Englewood"), and the BOARD OF COUNTY COMMSSIONERS OF ARAPAHOE COUNTY, Colorado ("Arapahoe"), each a "Party" and collectively the "Parties." "I xy II lI;\_iil WHEREAS, the Parties are authorized under Article XIV, Section 18 of the Colorado Constitution, and by C.R.S. § 29-1-203, to contract with one another to provide any function or service lawfully authorized to each of them; and WHEREAS, Englewood wishes to establish a rental assistance program ("the Program") for its residents using Arapahoe's current rental assistance program as a template; and WHEREAS, Arapahoe will provide an employee to Englewood to manage hotline and subsequent requests for assistance; and WHEREAS, Englewood will contribute up to $200,000 to the Program to fund the Program; and WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made available, and a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment under this Agreement. NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the Parties agree as follows: l . Arapahoe will dedicate a phone line to act as a hotline for tenant rental assistance requests for Englewood residents. 2. Arapahoe will provide an employee to manage the requests and any subsequent applications received through the hotline. 3. Englewood will contribute a total of up to $200,000 to fund the Program, and will pay a 5% administration fee to the County, with invoices provided to the City monthly for payment based on assistance provided. 4. Notwithstanding any provision of the Agreement, the Arapahoe employee shall remain at all times during the term of this Agreement an employee of Arapahoe and will be supervised by the Community Resources Director or his designee. The assigned employee may be changed without notice to Englewood as determined by Arapahoe. 5. The term of this Agreement shall be from the Effective Date through December 31, 2020, unless sooner terminated or otherwise extended in accordance with the terms and conditions described herein. 6. Either Party may terminate this Agreement with or without cause by providing at least thirty (30) days' prior written notice to the other Party of such termination, such notice specifying the effective date of such termination. 7. To the extent authorized by law, Englewood shall defend, indemnify, and hold harmless Arapahoe County, its elected officials, officers, directors and employees from any and all claims, demands, suits, actions or proceedings arising from or resulting from services provided by Arapahoe in relation to this Agreement. 8. Englewood and Arapahoe understand and agree that each Party is relying upon, and does not waive or intend to waive, any provision, right, immunity or protection provided by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq. 9. In connection with the performance of work under this Agreement, the Parties agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status, gender identity or gender expression, sexual orientation, marital status, or physical or mental disability; and further agrees to insert the foregoing or a similar provision in all contracts entered into in furtherance of this Agreement. 10. Notices to be provided under this Agreement shall be given in writing and either delivered by hand or deposited in the U.S. mail with sufficient postage to the following addressees: To Englewood: Shawn Lewis, City Manager City of Englewood 1000 Englewood Pkwy Englewood, CO 80110 With a Copy to: City of Englewood Attorney 1000 Englewood Pkwy Englewood, CO 80110 To Arapahoe: Arapahoe County Board of County Commissioners 5334 S. Prince Street Littleton, CO 80120 With a Copy to: Arapahoe County Attorney 5334 S. Prince Street Littleton, CO 80120 2 The Parties may designate substitute addresses where or persons to whom notices are to be mailed or delivered. However, these substitutions will not become effective until actual receipt of written notification. 15. Pursuant to C.R.S. § 29-1-110, the financial obligations of the Parties as set forth herein after the current fiscal year are contingent upon funds for the purpose being budgeted, appropriated and otherwise available. 16. All of the activities conducted under this Agreement by the Parties shall comply with all applicable laws, rules, regulations and codes of the United States and the State of Colorado. 17. Each and every term, provision or condition herein is subject to and shall be construed in accordance with the provisions of Colorado law. Venue for any legal action relating to this Agreement shall lie in the Arapahoe County District Court. 18. In the event any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining provisions shall not be affected. Should either Party fail to enforce a specific term of this Agreement, it shall not be a waiver of a subsequent right of enforcement, nor shall it be deemed a modification or alteration of the terms and conditions contained herein. 19. The enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person under such Agreement. 20. Failure to perform according to the specifications of this Agreement will be considered a breach of Agreement and may be subjected to applicable and appropriate legal and equitable action. 21. This Agreement is expressly subject to, and shall not be or become effective or binding on the Parties until fully executed by all signatories of Arapahoe and Englewood, respectively. 22. The Agreement is the complete integration of all understandings between the Parties as to the subject matter of the Agreement. No prior, contemporaneous or subsequent addition, deletion, or other modification has any force or effect, unless embodied in the Agreement in writing. No oral representation by any officer or employee of either Party at variance with the terms of the Agreement or any written amendment to the Agreement will have any force or effect or bind that respective Party. [Remainder of Page Intentionally Left Blank] Signatures and Exhibits Follow 41 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date specified herein. BOARD OF COUNTY COMMISSIQ OF THE COUNTY OF ARAPAHOE BY: Chair DATE: ATTEST: Clerk of the Board rrY OF ENGLEWOOD )& Li Olson, Mayor ATTEST: Clerk, Stephanie Carlile Exhibit 1 ARAPAHOE COUNTY COVID-19 Rental Assistance COLORADO'S FIRST Program Guidelines ;° Englewood • Application Process (administered by Arapahoe County) o City of Englewood residents only (City will provide address parameters) o Completed application packet o Copy of photo ID o Proof of size of family: ID's, birth certificates or people listed on lease o Proof of income/lack thereof • Proof of filing for unemployment benefits • Pay stubs, proof of Social Security, SSI, or any other income to the household o Copy of current lease o W-9 from landlord and landlord willingness to participate in program o All items can all be scanned and emailed to the County • Income Criteria o Must meet 17S% of National Poverty Level as shown below. Household Size FPL Annual Monthly Household of 2 175% $30,170 $2,514 Household of 4 175% $45,850 $3,820 • Other Requirements o Assistance limited to one month • Approval and Payment Processing o County has sole authority over approval. o County Housing & Community Development Division staff will provide County Finance Department with check requests and supporting documentation. o Checks will be processed by Arapahoe County and provided directly to landlords within approximately 3 weeks. o County staff will contact landlords to inform them that client has been approved and check request is made. o County may send email "promissory note" to landlords who require such. • Reporting & Records o County will report to City the number of households assisted on Friday of each week. o County will maintain electronic program records for minimum of 3 years. • City -County Transfer of Funds o County will invoice City of Englewood for reimbursement as needed. o City will remit payment within two weeks of County invoice.