HomeMy WebLinkAbout2010-07-06 (Regular) Meeting Agenda Packet1. Call to Order.
2. In vocation.
Agenda for the
Regular Meeting of the
Englewood City Council
Tuesday, July 6, 2010
7:30 pm
Englewood Civic Center -Council Chambers
1000 Englewoo d Parkway
Englewood , CO 80110
3. Pledge of Allegia nce .
4. Roll Call .
5. Consideration of Minutes of Previous Session .
a. Minutes fr om the Regular City Council Meeting of Jun e 21 , 20 10.
~-~ecogniti on of Sched ul ed Publi c Comment. (This is an oppo~unity for th e public to address
City Coun ci l. Council ma y ask questions for clarification, bu t there will not b e any dialogu e.
Please limit your presenta ti on to fi ve minutes.)
a. Ja cki e Edwar ds will provid e an update o n M edi cal Cannabis .
7. Recognition of Unschedu led Publi c Commen t. (This is a11 opportunity for th e publi c t o
address City Council. Council may ask questions for clarifica ti n, l)ut th ere will not be an y
dialogue. Pl ease limit yo ur presentation to three mi nutes. Tim e , ,r uns cheduled publi c
comment may be limited to 45 min u tes, and if limited, shall be continu ed to General
Disc ussion.)
8. Co mmuni ca ti ons, Procla mati ons , and Appointments.
a. A res olution rea ppointing Susa n Bayless to th e Code Enforcement Advisory
Commillee.
b. A reso lution rea ppointin g M•rJorie Becker to th e Code Enforce men t Adviso ry
Committee .
Please no le: If you have a disability and need auxiliary aids or services, please noll fy !h e 1ty of Englewood
1303-762-24051 al lei\S t 48 hours In .advance of when services are needed=·-----------'
Englewood Ory Council A&enda
July 6, 20 10
Page 2
c. A resolution appointing Mary Berger as a Regular Member of th e Code Enforcement
Advisory Committee.
d. A resolution appointing Cyndi Bowie to the Keep Englewood Bea utiful Commission.
e. A resolution recommending the reappointment of Beve rl y Bradshaw to the Englewood
H c usin g Authority.
A resolution appoin ting Chris Brennan to the Keep Englewood Beautiful Commission.
g. A reso lution reappointing Michael Buchanan to the Liquor Licensing Authority.
h. A resolution reappointing Bria nna Carey as a Youth Liaison to the Englewood Public
Library Board.
A resolu ti on reappointing John Champion to the A':iance for Commerce in
Englewood.
A resolution appointing Stephanie Cogeos to the Englewood Publi c Lib,,;ry Board .
k. A resolution app oin ting Bernard Costell o as an Alternate Member of th e Urban
Renewal Authority.
A res olution appoin tin g Emily Crennen as a \'outh Liaison to th e Parks and Recrea ti on
Commission.
m. A res olution appointing Can di e Dalton to th e Kee p Eng lewood Bea utiful Commission .
n. A resoluti on reapp ointing Jennifer Enger to th e Cultura l Arts Commission.
o. A resolution reappointing Linda Hart to the Code Enforce ment Advisory Committee.
p. A resoluti on re appointing Ka ren Kenn ey to the Cultural Arts Comm i"ion .
q. A resolution reappo in ting Rand y Kloewer as a \'outh Lia ison to the Parks and
Recreation Com mi ssion .
r. A resolution appointing Chad Knoth as an Altern ate Member of th e Alliance fo r
Commerce in Engle wood.
s. A reso lu tion reappointing l•J:1 e Lo nborg to th e Alliance for Commerce in Englewood.
t. A resolution appointing Jordan May as a Regular M ember of th e Board of Adjustment
and Appeals .
u. A res olution appointing Stephanie McNutt to the Eng lewood Public Library Board .
v. A re so lutio11 app ointing Kay len e Pr octor to th e Keep Englewood Beautiful
Co mmission .
Please no le: If you ha ve a disability and need auxiliary aids or services, please no1ify th e City of Englewooo
(303-762-2405 1 al leasl 48 hours in advan ce of when services are needed.
Englewood Oty Council Agenda
July 6, 2010
Page 3
w. A resolution appointing William Skinner as an Al ternate Member of the Code
Enforcement Advisory Committee.
x. A resolution appointing Catherine Townley as a Regula r Member of the Urban
Renewal Authority.
y. A res oluti on reappointing Robyn VanDe rleest to the Liquor Licensing Authority.
z. A resolution reappointing Ted Vasilas to the Allian ce for Commerce in Englewood.
9. Consent Agenda Items.
a. Approval of Ordinances on First Readi ng.
b. Approval of Ordinances on Second Read ing.
Council Bill No. 17, extending th e Limited Waive r ·,f the Waste Transfer
Surcharge until December 31, 2013.
ii. Council Bill No. 18, authoriz ing an lntergovernre~ntal Agreement
(Memorandum of Understandin g) with the Denve r Police Department for th e
sha ring of mug shot data .
iii. Council Bill No. 19, authori zi ng an Intergovernmen tal Subgrantee Agreement
w ith Arapah oe County fo r the 2010 Arapahoe County Community
Developmen t Block Grant Pr ogram .
c. ~•solutions and otions .
10. Public H ea rin g Items (No Public Hea rin g Scheduled).
11 . Ordinance s, Reso luti ons and M otions
a. Approval o Ordinance s on First Reading.
Cou ncil Bill No. 20 -Recommen dati on by the Fir e Departm ent to adopt a bi ll
for an ordinance approv ing an In tergovernmen ta l Agreemen t with Denver
H ealt h and Hospital Authority for Mutual Aid for Emer ge ncy M edical Servi ces.
STAFF SOURCE: Michael Patlarozzi, Fire Chi ef .
ii. Cou nci l BIii No. 22 -Recommendation by the Fire Departm en t to adopt a bill
for an ordinan ce accepting a Pandemic Preparedness Grant up to $7,500 from
the Tr i-County H ealth Department. STAFF SOURCE : Michael Pallarozzi, Fire
Chief.
Please nole: If you ha ve a disability and need au xiliary ai ds or services, please notify the City of Englewood
(303-762-240S\ al lea st 46 hours In advance of when se rvi ces are needed .
Englewood City Counci l Agen da
July 6, 2010
Page 4
iii. Coun ci l Bill No. 23 -Re commendati on by th e Community Develop me nt
D epartm ent to adopt an emer gency bill for an ordinan ce amending th e bud get
of th e N ei ghborh ood Stab iliza tion Prog ram grant in the amount of $500,000
and auth orizing th e purc ha se of three additi onal unidentified b ank-ow ned
fo recl ose d single fa mily resi dences. STAFF SOURCE : Janet Grimmett,
Housing Finance Specialist.
iv. Coun ci l Bill N o. 24 -Re commendation by th e Fina nce an d Administrati ve
Serv ices D epartm ent to app rove an emerge ncy bill for an ordinance
authorizi ng and app rovin g lease-purchas e financing for th e funding of energy
conservati o n measures . STAFF SOURCE: Frank Gryglewicz, Director of
Finance and Administrative Services .
b. Approva l of Ordinances on Second Rea ding.
c. Resolutions and M otions.
Recommendation , , ,he En glewood O ffice of Em erg ency Mana gement to
adopt a resol ution approving a Mem orandum of Unders tan di ng w ith th e
Arapahoe Coun ty Am ateur Ra dio Em erge ncy Serv ices Dis tri ct 22 . STAFF
SOURCE: Steve Green, Emergency Management Coordinator.
12. General Di sc uss ion .
a. M ayor's Choice.
b. Coun ci l Members ' Choice.
13. City Manag er's Report.
14. City Att orn ey's Report.
1 5. Adjourn ment
Th e fo ll owin g mi nutes were tra nsmitted to City Co un ci l in Ju ne, 20 10.
• All ia nce fo r Commerce in Englewood Comm issio n mee tin g of May 13 , 2010.
• Boa rd of Adj ustm ent and Appea ls m ee tin g of February 10, 20 10.
• Code En fo rce ment Advisory Comm itt ee mee ting of M arc h 17, 20 10.
• Parks and Recrea tion Commiss ion m eetin gs of Ap ril 8 and May 13, 2010.
• Planning and Zonin g Commiss ion mee ting of M ay 18, 20 10.
Pl ease note: If you ha ve a disabili ty and need au:<ili ary aids or se ivices. please no ti fy 1he City of Englewood
1303-762-24051 at least 48 ho urs in ildv,mce of when seivlces are needed.
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
July 6, 2010
PLEASE LIMIT YOUR PRESENTATION TO THREE MINU TES
PLEASE PRINT
•
•
•
RESOLUTION NO .
SERIES OF 2010
A RESOLUTION REAPPOINTING SUSAN BAYLESS TO THE CO DE ENFORCEMENT
ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO .
WHEREAS, the Englewood Code Enforcement Advisoty Com minee wns estab li shed by th e
Englewood Cit y Council with the pa ssage of Ordina nce No . 71 , Series of 1997; and
WHEREAS, the Code Enforce ment Advisory Committee is an advisory commi tt ee focused
on the activities and services of code enforcement and regu lotory processes of the neighborhood
servi ces of the Englew ood Police Departmen t; an d
WHEREAS , the Code Enforcement Advisory Committee makes reco mmendatio ns to Ci ty
Cow1cil and to the Cit y Manager or hi s des ignee fo r im provements relating to neip hbo rhood
services in the City; and
WHEREAS, Susan llayless ha s serv ed as n member of the Eng lewood Code En fo rcement
Advisory Com mitt ee; and
WHEREAS, Susan Bayless ' tenn ex pired on July I, 20 10; and
WHEREAS , the Englewood City Counci l desires to reappoint Susan Bay les s to another term .
NOW, T HERE FORE, BE IT RESOLVED '
ENG LEWOOD , COLORADO , THAT :
HE CITY COUN IL OF THE CITY OF
Section I. Susan Bayless is hereby rcappoi nteo to the Englewood Code Enforcement
Advi so ry Conunittce . Susan Bay less' tern, will be effec ti ve inunedintely wi th her term to expire
Jul y I, 2012 .
ADOPTED AND APPROVED thi s 6th day of Ju ly, 20 10.
ATr ·ST : James K. Woodward, Mu yo r
Lou cri shi a A. Elli s, Cit y Clerk
I, Loucrishia A. Elli s, Ci ty Clerk for th e City of Englewood, Co lorado , hereby certify the
above is a tru e copy ofRc'SO lu ti on No . __ , Series of 20 10.
Loucri shia A. Elli s, Cit y Clerk
8a
• RESOLUTION NO .
SERIES OF 20 10
A RESOLUTION REAPPOINTING MARJORIE BECK.ER TO THE CODE ENFORCEMENT
AD VISORY COMMITTEE FOR THE CITY OF ENGLEWOO D, COLORADO .
WHEREAS, the Englewood Code Enforcem ent Advi sory Commillee wa s establi shed by the
Englewood Cit y Cou ncil with th e passage of Ord ina nce No . 71 , Series of 1997; and
WHF RE AS , the Code Enforcement Advi sory Comm ittee is an advi sory commiu ee foc used
on th e activi ties and services of code enforcement and regulat ory processes of th e ne ighborhood
seMces of th e Englewood Police Department ; and
WHEREAS , the Code Enforcement Advisory Commiuce mnkes recommendations to City
Counc il and to the City Manager or his designee fo, improvements relating to neigh borhood
services in the Ci ty; and
WHEREAS, Marjorie Becker has served as a member of the Englewood Cod e Enforce ment
Advi so ry Commi llee; and
WHEREAS , Marjorie ecker's tcnn expired on July I, 2010 ; and
WHEREAS , the Eng lewood City Co unci l desires to reap point Marjorie Becker to anothCI
term .
• NOW . TILEREFORE , BE IT RESOLVED BY THE CITY OUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
•
Sectio n I . MaJJ oric Becker is here by reappointed to the Englewood Code Enforce ment
Advi s,,ry Commi ll ce. Marj orie Becker's tem1 will be effective immediatel y with her term to
expire July I , 20 12.
ADOPT ED AND APPROVED this 6th day of Jul y, 20 10.
ATT EST : James K. Woodw ard, Mayor
Loucri shi a A. Ell is, City Cle rk
I, Loucrish ia A. Elli s, 'ity Clerk fo r the Cit y of Englewood, Co lorad o, here by certify th e
above is a tn1 e copy of Resolu tion No .__, Series of 2010.
Loucri shia A. Elli s, Cit y Clerk
8b
•
•
•
RESOLUT ION NO.
SERIES OF 2010
A RESOLUT ION APPO INTIN MARY BERG ER TO THE CO DE ENFOR EM ENT
ADV ISORY CO MMITTEE FOR TH E ITV OF EN LEWOOD , CO LORADO .
WHEREAS , th e Englewood Code Enforcemen t Advi sory Co mmittee ad vises the Poli ce
Ocpanment on activities, enforceme nt an d regulat ory matt ers ; and
WHEREAS , the Englewood Code Enforcement Ad visory Co mmi1tee was cstabli sheJ by the
Englewood Ci ty Council with th e passage of Ordinance No. 7 1, Series of 1997; and
WH EREAS, there is a vaca ncy on th e Englewood Code Enfo rc ement Advi sory Commiucc;
and
WHEREAS , Mary Berger has app!icd to serve as a member of the Englewood Code
Enforcement Advi sory Commiuee; and
WHEREA S, Mary Berger was pre vio usly named ns an altemale to the Englewood Code
Enforcement Advisory Committee ; and
WHEREAS, the Englewood it y Co unci l desires to appoi nt Mnry Berge, :o the Englewood
Code Enforcement Advisory Com mittee ;
NOW, THEREFORE , BE IT RES LVED BY THE ITV 'OU IL r. ·1 HE IT V OF
fa'!GLEWOO D. COLORADO, THAT :
Secti on I. Mary Berge r is hereby appo inted to the Englewood Code Enforce ment Advi sory
ommittcc with tcnn cff< .. -cti vc imm edi ately and expiring Jul y I, 20\2 .
ADOPTED AND APPROVE D thi s 6'' day of Jul y. 20 10.
A"ITEST: Jnmcs K. Woodwa rd , Ma yo r
Loucri shia A. Ell is, Cit y lcrk
I, Loucrishia A. Elli s, it y lcrk for th e Cny of Engl.,vood , Co lo,ndo , hereby certify th e
above is n true copy of Reso lu tion No . __ , Seri es ,f2010 .
Loucri shi n A. Elli s, it~· cicrk
8 c
•
•
•
RESOLUTION NO .
SERIES OF 2010
A RESOLUTION APPOINTING CYND I BOWIB TO KEEP ENGLEWOOD BEAUTIFUL
CO MMISSION FOR THE CITY OF ENGLEWOO D, COLORADO .
WHEREAS, t!1e Keep Englewood Beautiful Co mmi ssio n has been created 1.0 advise the Cit y
Counci l on all matters pertaining to environmental f.a1cction and neighborhr,od r.ea utifieation ;
and
WHE!U!AS , there is a vacancy on the Keep Englewood Beautiful Commis.c cn; and
WHEREAS , Cyndi Bowie has ap plied to se:-:e as a member of the Keep Eeglewoo<I Beautiful
Conunission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC IL OF THE Ci I Y OF
ENGLEWOOD , COLORADO, THAT:
~-Cynd i Bow ie is hereby appointed to th e Keep En~iewood Beautiful Commi ss ion
fo r th e City of Englewood , Co lorado. Cyndi Bowie's tenn will be effective irrunediately and will
expire February I, 201 1.
ADOPTED AND APPROVED thi s 6,. day of Jul y, 2010.
ATfEST : Jam es K. \Vn.,dword, Ma yor
Loucrishia A. Ell is, City Clerk
I, Loucri shia A. Elli s, ity Clerk fort!:<; Cit y of Englewood , Co lorJd o, hereby certify the
above is a true copy of Resoluti on No . ___ , Seri es of 20 I 0.
Loucri shia A. Ellis , Ci 1y Clerk
Bd
• RESOLUTION NO.
SERIES OF 20 I 0
•
•
A RESOLUTION RECOMMENDING BEYERL Y BRADSHAW FOR REAPPOINTMENT TO
THE HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Housing Authority has a commitment to provide housing to low and
moderate income families within the City of Englewood; and
WHEREAS, Beverly p,,.,1,haw has served as• member of the Englewood Housing Authority;
and
WHEREAS , Beverly Bradahaw has offc.~ to serve and has apphe.! for reappointment to the
Englewood Housing Authority for another t,,m; and
WHEREAS, the Mayor desires to reappoint Beverly Bradshaw to the Englewood Housing
Authority for a term expiring July I, 2015; and
WHEREAS, tho Englewood City Council supports the Mayor's appointment and wishes to
expres s its gratitude for the vo lunteerism and service that this individual wishes to bestow upon
tho City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil. OF '. ·: '.E CllY OF
ENGLEWOOD, COLORADO, THAT:
~i2n.l-Beverly Bradshaw is hereby reappointed to tho Hous~,g Authority for tho City of
Englewood, Colorado. Beverly Bradshaw 's term will be effective immodiately and will expire
July I, 2015.
ADOPTED AND APPROVED this 6th day of July, 2010 .
ATfllST: James K. Woodward, Mayor
Loucrisbia A. Ellis, City Clerk
I, Loucrisbis A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
ubove is a true copy ofRcoolution No .____, Series of 2010 .
Loucrishia A. Bl tis , City Clerk
8e
•
•
•
RESOLUTION NO.
SERIES OF 20 10
A RESOLUTION APPOINTING CHRI S BRE NNAN TO KEEP E GLEWOOD BEAUTIFUL
COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS , the Keep Englewood Beautiful Commis sio n has been created to advisu the City
Council on all mailers penaining to environmental prot ectio n and neighborhood beautification ;
and
WHEREAS , there is a vacancy on the Keep Englewood Beautiful Commission ; and
WHEREAS, Chris Brennan has app lied to Set"''..., a member of the Keep Englewood
Beautiful Commission;
NOW, THEREFORE, BE IT RESOLVED BY Tiffi CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section I. Chris Brennan is hereby appointed to the Keep Englewood Beautiful Commission
for the City of Englewood , Colorado . Chris Brennan's term will be effective immediately and
will expire ,Cebn1ary I, 201 I.
ADO!'TED AND APP ROVED this 6th day of July , 2010.
ATT EST : Jnmes K. Woodward, Mayor
Loucrishio A. Ellis , City Clerk
I, Loucrishia A. Elli s, ity Clerk for the City of Englewood, Co lora do, hereby ceni fy the
a ho ve is n tru e copy of Resolution No .___, Series of 20 I 0.
Loucrishia A. Elli s, City Clerk
8 f
•
•
•
RESOLUTION NO .
SERIES OF 20 10
A RESOLUTION REAl'POINTING MICHAEL BUCHANAN TO THE ENGLEWOOD
LIQUO R LI CENSING AUTHORITY FOR THh CITY OF ENGLEWOOD , COLORADO ,
WHEREAS, the Englewood Liquo r Licensing Authority hus been created and ha s all powers
of the local licensing authority as set forth by the State of Coiorodo to grant or re fuse licenses for
the sale at reta il of mah, vinous or spiri tuous liquors and fermen ted ma lt beverages, to conduct
investigations as required by law, and 10 suspend or revoke such licenses fo r cause in the manner
provided by law ; and
WHEREAS , Michael Buchanan is a current member of the Englewood Liquor Licensing
Authority; and
WHEREAS Micha l Buchanan 's current term expired Ju ly I, 20 10 ; and
WHEREAS, Mi chael Bu chanan has ofT:red tJ serve and has applied for reappointment to the
Englew<><>" Liquor Licensin g Authority; and
WHEREAS , th< c nglewood City Counci l desires to reappo int Michael Buchanan to the
Eng'.ewood Liquor Licensing Authority ;
BY TH E Cl • · COUNCIL OF 11-lE CITY OF
NOW, THEREFORE, BE IT RESOL
ENG LEWOOD. CO LORADO, THAT:
Section I. Michael Buchanan is hereby rea ppointed to the Engiewood Liquor Licensing
Authority . Michael Buchanan 's tcnn will be effective ;mmcdintel y and ,vill expire Jul y 1, 2013.
ADOPTED AND APPROVED this 6• day of July, 2010.
ATTEST . James K. Woodward , Mayor
Loucrishin A. Ell is, ity \erk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorn do, hereby certify the
above is a true copy of Resolution o. ~ Series of 20 10 .
Loucrishia A. Ellis, Ci ty :Jerk
8g
•
•
•
RESOLUTION NO.
SERIES OF 20 I 0
A RESOLUTION REAPPOINTING BRIANNA CAREY AS A YOUTH MEMBER TO THE
PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Englewood Public Library Boan! was established by the Englewood Home
Rule Charter to develop and maintain a modern Library system; and
WHEREAS, the Englewood Public Library Board prepares and recommends to City Council a
master plan for the development and maintenance of the City library system as well as policy
is:,~1es; and
WHEREAS, Brianna Carey was a member of the Englewood Public Library Board; and
WHEREAS , Brianna Carey has applied for reappointment to the Englewood Public Library
Board for another term; and
WHEREAS, the Englewood City Council applauds the volunteerism of this Englewvod youth
and desires to reappoint Brianna Carey to the Englewood Pubiic Library Board; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll, OF THE Cr.Y OF
ENGLEWOOD, COLORADO, THAT :
~-Brianna Carey is hereby reappointed as a youth member to Englewood Public
Library Board . Brianna Carey's tcnn will be effective immediately and will expire
July I, 2011.
ADOPTED AND APPROVED this 6th day of July, 2010 .
ATTEST : James K. Woodward , Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Elli s, City Clerk for th e City of Englewood, Colorado, hereby cortlfy the
above is a true copy of Resolution No .__, Series of 2010.
Loucrishia A. Ellis, City Clerk
Sh
•
•
•
RESOLUTION NO.
SERIES OF 2010
A RESOLUT ION REAPPO INTI NG JOHN CHAM PIO N TO TH E ALLIANCE FOR
CO MMERCE IN ENG LEWOO D (A E) CO MMITI'EE FOR THE CITY or ENGL EWOOD .
COLORADO .
WHEREAS, th e Alliance For omme rce In Englewood Committee was established by the
Englewood Ci ty Coun ci l witit th e passage of Ordinance No . 5, Series of 200 I; an d
WHEREAS, the All iance For Commerce In Englewood Comm itt ee adv ises the Eng lewood
City Co uncil , focusin g on the creation of an environment in whfoh ex istin g business can th.ri ve
and new business can prosper; and
WHEREAS, John Champion is a current mem ber of Alliance Fo r Commerce ht Englewood
Co mmitt ee; and
WHEREAS , John Champi on's tenn expi red Jul y I, 20 IO ; and
WH EREAS , Jolm Champi on has offe red to serve and has applied for rea ppointmen t to the
Alli ance For Comm erce In Engl ewood Co mm ittee; and
WHEREAS , the Eng lewood Cit y Co uncil desires to reappoint John Champi on to the Alliance
fo r Com n1ercc in Eng lewood Co mmittee ;
NOW, TH EREFORE, BE IT RESO LVE D BY THE CITY COU C!L OFTHE CITY OF
ENGLEWOOD , COi < ,RADO, THAT :
Sec ti on I. John Champ ion is hereby reappoint ed to Allia nce r~r Commerce in Eng lewood
Com mitt ee. John Champi on 's tenn wi ll be effective immediately and will ex pire Jul y I, 2013.
AD0PTED AN D APP ROVED thi s 6'h day of Jul y. 2010.
ATrEST:
Jam es K. Woodward , Mayor
Loucri shi a A. Elli s, City Clerk
I, Loucris hia A. Elli s, Ci ty lcrk fo, the Ci ty of Englewood. olomd o, hereby certi fy the
above is a tru e copy of Reso lution o. _, Seri es of 20 I 0 .
Loucrishia A. Elli s, City Clerk
Bi
•
•
•
RESOLUTION NO .
SERIES OF 20 10
A RESOLUT ION APPOINTING STEPHANIE COGEOS TO THE PUBLI C LIBRARY
BOARD FOR THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS , the Englewood Public Library Boa rd prepares and recomme nd s to City Counc il a
master plan for the deve lopment and maintenance of the City library system as we ll as policy
iss ues; an d
WHEREAS, there is a vaca ncy on the Engl ewood Public Library Bo ard ; and
WHEREAS, Steph anie C ,,., hns app li ed to se rve as a member of the Englewood Public
Library Board ;
NOW, THEREFORE , BE IT RESO LV ED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
Section I. Stephanie Cogeos is he,eby appointed to the Eng lewood Publi c Lib rary Board .
Stephanie Cogeos' term wi ll be effective immediately and will expire February I, 2012 .
ADOPT .JD AND APPROVED this 6• day of Jul y, 20 !0 .
ATTEST :
James K W,1odward, Mayor
Loucrishi a A. Ellis, Cit y Clerk
I, Loucrishia A. Elli s, City Clerk for the City of Englewood , Co lorado , hereby certify the
above is a tru e copy of Reso luti on No ._, Series of 20 10.
Louc rishia A. Elli s, Cit y Clerk
8 j
•
•
RESOLUTION NO .
SERIES OF 2010
A RESOLUTION APPO INT IN G BERNARD COSTELLO AS AN ALTERNATE MEMBER
TO TH E URBAN RENEWAL AUT HORITY FOR THE CITY OF ENGLEWOOD.
WHEREAS, the Englewood Urban Renewal Au thority has th e statut ory authori ty to undertake
projec ts which it finds necessary for the physical development of municipal land use inc ludin g
the improvement of areas within the City; and
WHEREAS, Bernard Coste ll o has gracio usly offered to serve on the City of Englew oo d's
boa rd s nnd co mmi ssions; and
WH EREA S, currently there are no vacanc ies on the board s and co mm issio ns; and
WHEREAS , the Eng lewood Ci ty Cow1cil des ires to appoint Bernard Costell o as alt ernate
member to the Urban Renewal Authority ; and
WHEREAS , Cit y Council has requested staff to send thi s alternate member packets fo r the
Authorit y he will be serving on so that he ca n maintain on unde rs tandin g of the current issues nnd
rules ; and
WHEREAS , whil e the alternate will not be ab le to vote at the meetings, he is nevertheless
req uested to attend as many meeti ngs ns po ssibl e to get a feel for lhe membership and iss ues ; und
WHEREAS , Council wi shes to express its gra titud e fo r the volunteerism and service tJ,at th is
indi vidual wis hes lo bestow upon th e City .
NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF
ENGLE WOOD , COLORADO , THAT :
Section I. The Engl ewood City Counci l hereby appoint s Bernard Coste ll o as an alternate
memb er o f the Eng lewood Urban Renewal Auth orit y.
AD PT ED AND APPR OVED thi s 6th da y of July, 2010.
ATrEST :
James K. Woodward , Ma yo r
Lou cri shi a A. Elli s, Cit y Clerk
Bk
1, Loucrishia A. Ellis, Cit y Clerk for the City of Englewood , Co lorado, hereby certify the
.,bo ~ is a true copy of Re>o lution No . __ , Series of 2010 .
Louc ri shi a A. Ellis, Cit y Clerk
•
•
•
•
•
•
RE30LUTION NO.
SERIES 0F 2010
A RESOLlJl"ION APPOINTING EMILY CRENNEN AS A YOUTH MEMBER
OF THE PARKS AND RECREAT ION CO MMISSION FOR TH E CITY OF
ENGLEWOl)D, COLORADO.
WHEREAS, lh e Englewood Porks ond Recreation Commi ss ion was eslllb l ,hed to advise Ci ty
Co uncil in all ma ilers perta;aing to recreation; and
WHEREAS, there is a vacan cy on th e Englewood Parks and Recreation Commiss ion; and
WHEREAS , Emi ly Grennan has applied to se rve as a yo uth member of the Eng lewoo<l Parks
and Recreation Commi ss ion; and
WHEREAS, the Eng lewood Ci ty Council app lauds the vo lunt eeri sm of thi s Englewood youth
and desires to appoint Emily Crennen to th e Englewood Parks and Recreation Commission ;
NOW, THEREFORE , BE IT RESOI VED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT:
Section I. Emily Crennen is hereby appointed as a youlh member to the Parks and Recreation
Commissio n. Emily Crennen 's •erm will be effective immediatel y and will expire July I, 2011 .
ADOPTED AND APPROVED th is 6th day of Jul y, 2010 .
ATTEST:
James K. Woodward , Mayor
Loucrishia A. Ellis, Ci ty Cle rk
I, Loucrishia A. Elli s, Cit y Clerk for the City of Eng lewood , Co lora do, hereby certify the
above is a true co py ofRcso lu tion No. __ , Series of201 l
Loucris hi a A. Elli s, Ci ty Clerk
81
• RESOLUTION 1' '.l .
•
•
SERIES OF 2010
A RESOLUTION APPOINTING CANDIE DAL TON TC KEEP ENGLEWOOD BEAUTIFUL
COM MISSION FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS , the Keep En glewood Beautiful Commission hn s been crea ted 10 advi se the City
Co uncil on all matters pcnaining to environmental protection and neighborhood beautificati on;
and
WlIEREAS, there is a vacancy on th e Keep Eng lewood Beau ti fu l Commissio n; and
WHEREAS, Candie Dalton hns applied to serve as a mem ber of the Keep Englewood
Bea utiful Commission;
NOW, TH EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
Section I. Candie Dalton is hereby appoi nted to the Keep Eng lewood Beautiful Commission
for the City of Englewood , Co lorado. Cand ie Dalton 's term will be effective immediatoly and
wi ll expire February I, 20 12 .
ADO PTED AND APPROV'.:D thi s 6th day of Ju ly, 20 10.
ATfEST:
Jam es K. Woodwa rd , Ma yor
Loucri shia A. Elli s, Cit y Clerk
I, Loucri shia A. Elli s, City Clerk fo r th e Ci ty of Englewood , Co lorado, hereby cenify the
nbovc is n true copy of Reso lu tion No . __ , Series of 2010 .
Loucri shia A. Elli s, Ci ty Clerk
Bm
• RESOLUT IO N NO .
SERIES OF 20 10
A RESOLUT ION REAPPOINTING JENNIFER ENGE R TO TIIE CULTURAL ARTS
CO MM ISS ION POR TH E CITY OF ENGLEWOOD, COLORADO.
WHEREAS , th e Englewood Cultural Arts Co mmi ss ion was estab lished by the Englewood
Cit y Co unci l with th e passage of Ordinance No. 5, Series of 1996 ; and
WHEREAS , the p :rpose of the Cu ltural Arts Co mmiss ion is to provide planning for the
de.e lopment of cultural arts act ivities and to impl eme nt an Arts Plan ; and
WHEREAS , Jen ."fer Enger has served as a member of the Eng lewood Cultural Arts
1:ommiss ion; and
WH EREAS, Jenn ifer Enger 's tenn expired Jul y I, 2010; and
WHEREA S, Jennife r Enger has offered to serve and has applied for reappointment to tl1e
Eng lewood Cultura l Arts Co mmiss ion; and
WHEREAS , the Englewood Cit y Co uncil desires to reappoint Jennifer Enge r to th e
Englewood Cul tura l Arts Co nuni ssion for another tern ,;
• NOW, THEREFORE, BE IT RESOLV ED BY THE CITY COUNC IL OF TH E CITY OF
•
ENGLEWOOD , COLORADO, THAT :
Section I. Jennifer Enger is hereby reappoi nt ed to th e Englewood Cultura l Arts Co mmi ss ion.
Jennifer Engc r's tenn will be effective imm ediate ly and will ex pire Jul y I, 2013 .
ADO PTED AND APPROVED thi s 6t h day of Jul y, 20 10.
Al'rEST:
James K. Woodwu rd , Mayor
Loucrishia A. Ellis , City Clerk
I, Lo ucris hia A. Elli s, Ci ty Clerk fo r the City of Englewood, Co lorado, he reby ce rti fy the
above is a true copy of Reso lut io n No .__. Seri e, of 20 I 0 .
Loucrishia A. Ellis, ity lerk
8 n
• RESOLUTION NO .
SERIES OF 2010
A RESOLUTION REAPPOINTING LINDA HART TO THE CODE ENFORCEMENT
ADV ISORY CO MMITT EE FOR THE CITY OF l:.NOLEWOOD, COLORADO .
WHEREAS , the Eng lewood Code E11forcemc 11 Advisory Committee was estab lis hed by the
Englewood City Co uncil with the passage of O oi nance No . 71, Series of 1997; and
WHEREAS . the Code Enforcement Advisory Committee is an advisory co mmittee focu sed
on the activities and services of code enforcement and regu latory processes of th e neighborhood
services of the Eng lewood Poiice Department ; and
WHEREAS, the Code Enforcement Advisory Committee makes recommendations to Ci ty
Co uncil and to U1e Ci ty Manager or his designee for imp roveme nts relating to neighborhood
services in th e City; and
WHEREAS, Linda Hart has served as a member of the Engle wood Code Enforcement
Advisory Committee; and
WHEREA S, Linda Hart 's tenn exp ired on July I, 20 IO ; and
WHEREAS , the Eng lewood City Council desires to reappoint Linda Hart to another tern,.
• NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT :
•
Section I. Linda Han is hereby reappointed to the Englewood Code Enforcemen t Advisory
Co mmittee . Linda Hart's tenn will be effoctive immediately with her tenn to ex pire July I , ,0 12 .
ADOPTED AND APPROVED this 6t h day of July , 20 10 .
ATTEST :
James K. Woo dward , Mayor
Loucris hi n A. Ellis, City Clerk
I, Louerishin A. Elli s, ity Clerk fo r th e Ci ty of Eng lewood, Co lorado, hereby ce rtify the
above is a tru e copy of Resolu ti on No.~ Series of 20 I 0.
Lo ucrishia A. Elli s, City Clerk
Bo
• RESOLUTION NO .
SERCES OF 2010
A RESOLUT ION REAPPOINTING KAREN KENNEY T T l I ULTURAL ARTS
COMMlSSION FOR THE CITY OF ENGLEWOOD . L RAD
WHEREAS , the Englewood Cul tural Arts Cn mmi ssio n wn< es tabli shed by the Englewood
City Council with th e ps,isnge of Ordi11nnce No. 5, Series of 1996; nnd
WHEREAS , the purpose of the Cullum! An. mmission is lo provide plnn11ing for the
development of cult ura l arts activities nnd to implement nn Art s Pinn ; nnd
WHEREAS, Karen Kenney has served as a member of the Englewood ullural Arts
Commission; and
WHEREAS, Karen Kcnney 's term expired Jul y I, 2010 ; nnd
WHEREAS , Ka ren Kenney has offered 10 serve nnd hns app li ed for reappointment 10 the
Englewood Cultura l Arts Comm ission; and
WHEREAS, th o Englewood City Co uncil desi res to reappoint Knren Kenney 10 the
Englewood Cult ural Arts Commission for another term;
• NOW, T HEREFORE , BE IT RESOLVED BY THE CITY O N fL F THE !TY OF
ENGLE WOOD , COLORADO, THAT:
•
~-Karen Kenney is hereby reappointed 10 th e EnglewooJ ult ura l Arts Commission.
Knrcn Kenney's term will be effective immedi ate ly P.ll will exp ire Jul y I, 20 13.
ADOPTED AND APPROVED this 6th day of Jul y, 20 I 0.
ATrES T: James K. Woodward , Mayor
Loucri shin A Elli s, City lcrk
I, Loucris hi n A. Elli s, City Clerk for the Ci ty of E11glewood, Co lorad o, hereby certify the
above is n tru e copy of Reso lution No . __ • Series of 20 I 0 .
Loucri shi n A. Elli s, it y l;;ri;-
Bp
• RESOLlITION NO .
•
•
SERIES Oc 2010
A RESOLUT ION REAPPOINTING RANDY KLOEWER AS A YOUTH MEMBER
OF THE PARKS AND RECREAT ION COM MISS ION FOR THE CITY OF
ENG LEWOOD, COLORADO.
WHEREAS, tl1e Eng lewood Parks and Recreation Commi ss ion was es tao li shed to advise Ci ty
Co uncil in all mallet~ pertaining to recreation; and
WHEREAS , Randy KloO\ver is a cw.cnl member of th e Englewood Parks and Recreation
Commission; and
WHEREA S, Randy Kloewer's current term expired July I, 20 IO; and
WHEREAS, Randy Kloewer has offered to serve and has applied for reappointment to the
Eng lewood Parks and Recreation Commission; and
WHEREAS , tlte Englewood Ci ty Co uncil applauds the volunteeri.sm of thi s Englewood yo uth
and desires to reappoint Randy Kloewer to the Englewood Pcrks and Recreation Commi ss ion;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCLL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT :
::ec1 ion I . Randy Klocwer is hereby reappointed ns n youth member to the Park s and
Recreation Commission . Randy Kloewer's term will be effective immed iate ly and will expire
Jul y I , 20 11.
ADOPTED AND APPROVED thi s 6• da y of Jul y, 2010 .
A'ITEST:
James K. Woodward , Mn yor
Louc ri shin A. El li s, Cit y Jer k
I, Loucrishi a A. Elli s, Cit y Clerk for the City of Englewood, Co lomdo , hereby certify the
above is a true copy of Resolution No . __ , Series of'!0 I0 .
Loucrisliia A. Elli s, Ci ty Clerk
8q
•
•
•
RESOLUTION NO
SERJES OF 2010
A RESOLUT ION APPOINTING CHAD KNOT H AS AN AL TERNA TE TO THE ALLIAN CE
FOR COMMERCE IN ENGLEWOO D CO MMITT EE (ACE) FOR THE CITY OF
ENGLEWOO D, CO LORADO .
WHEREAS, Chad Knoth has gracious ly offered to serve on the Alli ance Fo r Co mm erce In
Englewood Committee; and
WHEREA S, currently there arc no vacancies on Alliance For Commerce In Englewood
Committ ee; and
WHEREAS , the Englewood Cit y Coun cil desires to ap point Chad Knotl1 as an alternate
member to ACE: and
WHEREA S, Ci ty Co w1cil has requested staff to send alternate members pock ets for th e board
that they will be serv in g on so that tl1ey can mai ntain an understandin g of the current issues and
rul es ; and
WHEREAS , while th e alternates" ill not be ab le to vote at the meetings, they arc nevertheless
requested to attend as many meetin gs as poss ible to get a feel for the membership an d issues; and
WHEREAS, Council wishes to express its gratitude fo r the vo lunteeri sm an d r:rvice that thi s
individual wishes to bestow upon tl1 c City;
NO W, THEREFORE , BE IT RESOLVED BY TH E CITY COUNC IL OF THE CITY OF
ENG LEWOOD . COLORADO , THAT:
Sc.:tio n I. The Englewood Ci ty Counci l hereby appo int s had Knoth as alternate member to
Alli anc e For Commerce In Englewood Co mmitt ee .
ADOPTED AND AP PROVED this 6~ day of July, 2010 .
A'ITEST : James K. Woodward, Mayor
Loucrishia A. Ellis, ity Clerk
I, Louc rishi a A. Elli s, Ci ty Jerk for the ily or Englewood, Co lorado , hereby certify th e
nbove is a true copy or Reso lution No . __ , Series of 20 10.
Loucrishin A. Ellis , Ci ty Clerk
8 r
•
•
•
RESOLUTION NO .
SERIES OF 2010
A RESOLUT IO REAPPOINT ING JULI LONBORG TO THE ALLIANCE FOR
COMMER CE IN ENGL EWOOD (A CE) OMMITI"EE FOR THE CITY OF ENGLEWOOD ,
OLORADO .
WHEREAS, the Alliance For Conunc rce In Englew ood Committee was esrnbli shcd by the
Englewood Ci ty Council with th e passage of Ordin ance No . 5, Series of 2001 ; and
WHERE AS, the Alliance For Commerce In En glewo od Co mmi tt ee advi sr, the Englewood
Cit y Council , focusing on the crea tio n of an env ironment in whi ch existin g busi ness ca n th rive
and new bu siness can prosper ; and
WHEREAS , Juli e Lonborg is a curre nt member of Alliance For Commerce In Englewood
Commi ttee ; and
WHEREAS, Juli e Lonbo rg's term ex pired Jul y I, 2010 ; and
WHERE AS, Juli e Lonborg has oITered to serve and has applied for reappoi ntm ent to the
Alli ance For Commerce ln Engl ewood Co mmitt ee; and
WHEREA S, th e Engl ewood Cit y Council desires to rea ppo int Julie Lon bo rg to th e Alliance for
Commerce in Englewood Commi ttee;
NOW, THE REFORE . BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY F
ENG LEWOOD , C LORADO, THAT :
Section t . Julie Lonbo rg is hereby reappointed to 1\itiancc For Commerce in En gl ewood
Co mmi ttee. Julie Lonborg 's term will be effective immediat ely and will expire Jul y I, 20iJ .
ADOPT ED AND APPROVED thi s 6th da y of Ju ly, 20 10.
ArrEST: James K. Woodward, Mnyor
Lo ucnshia A. Ell is, Cit y Clerk
I, Loucris hia A. Ell is, Cit y lcrk for th e Cit y o, Englewood, Co lorado. hereby certi fy th e
above is n tru e co py of Reso luti on No . __ , cri es of 20 10 .
Lou cri shi a A. Ell is, it y Clerk
8 s
• RESOLUTI ON NO.
•
•
SERIES OF 20 10
A RESOLUTION AJ'PO INTING JORDAN MAY AS A MEMBER OF TH E BOARD OF
ADJUSTMENT AND APPEALS FOR THE CIT Y OF ENGLEWOOD.
WHEREAS , th e Englewood Board of Adjustments and Appea ls ha s the auth orit y to hear and
detennine appea ls from the refusal of building permits and oth er decis ions regarding the
enforcement of the zo nin g regulations, to make exceptions to the zoning regu lat ions and 10
au thorize variances from the strict app li cati on of zo ning regu lati ons; and
WHEREAS, tl1ere is a vacancy on the Eng lew ood Board of Adjustment and Appea ls; and
WHEREAS , Jordan Ma y has applied to serve as a member of the Eng lewood Board of
Adj ustm ent and Appeals ; and
WHEREAS, Jordan May was previously named ns an nltemate to the Englewood Board of
Adjustment and Appea ls; ant i
WHEREAS, the Englewood City Co uncil desires to ap poi nt Jordan May to the Englewood
Board of Adjustmen t and Appeal s;
NOW , THEREFORE, BE IT RESOLVE D BY TH E CITY COUNC IL OF THE CITY or
ENG LEWOOD, COLORADO, THAT :
Secti on I. Jordan May is hereby appoint •.:d to the Engl ewood Board of Adjustment and
Appea ls. Jordan Ma y's tenn wi ll be effective immediately and shall expire February I, 20 12.
ADOPTED AND APPROVED,. is 6th da y of July , 20 10 .
ATrEST :
James K. Woo dward , Ma yor
Loucris hia A. Elli s, Cit y Clerk
I, Louc ri shi a A. Elli s, City Clerk fo r the City of Englewood , Co lorado , hereby cert ify the
above is n tnic copy o f Resolution No ._, Seri es of 20 10 .
Loucrishin A. Elli s, City Cle rk
8 t
•
•
•
RESOLlITION NO.
SERJES OF 20 I 0
A RESOLUTION APPO INTING ST£:., IANIE McNUTI TO THE PUBLIC LIBRARY
BUARD FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Publi c Library Board prepares and recommends to City Counci l a
master plan for the development and maintenance of the City library system as well as po li cy
issues; and
WHEREAS, there is a vacancy on the Englewood Public Library Board; and
WHEREAS , Stephanie McNun has applied to serve as a member of the Englewood Publi c
Library Board;
NOW' TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF nm CITY OF
ENGLEWOOD, COLORADO, THAT:
Section I. Stephanie McNull is hereby appointed to the Englewood Publi c Library Board .
Stephanie McNull's term will be effective immediately and will expire February 1, 20 12.
ADOPTE D AND AP PROVED this 6~ day of July, 2010 .
ATTEST: James K. Woodward, Mayor
Loucrishia A. Elli s, City Clerk
I, Loucrishiu A. Ell is, City Clerk fort~: ily of Englewood , Colorado, hereby certify th e
above is a L-u e cop y of Resoluti on No.__, Series of 2010 .
Lo ucri shia A. Ellis, il y Clerk
Su
•
•
•
RESOLUTION NO.
SERIES OF 2010
A RESOLUTION APPOINTING KAYLENE PROCTOR TO KEEP ENGLEWOOD
BEAUTIFUL COMMlS SION FOR THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Keep Englewood Beautiful Commission ha s been created lo advise the City
Council on all mailers pertaini ng 10 environmental protection and neighborhood beautificati on ;
and
WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and
WHEREAS , Kaylene Proctor has applied to serve as a member of the Keep Englewood
Beautiful Commission;
NOW . THEREFORE, BE rr RESOLV ED BY THE CITY COUNC IL OF THE en { OF
ENGLEWOO D, CO LORADO , THAT :
~-Kaylene Proctor is hereby appointed lo the Keep Englewood Beautiful
Commission for the Cily of Englewood, Colorado . Kaylene Proctor's term will be effective
immediately and will expire February I, 20 12 .
ADOPTED AND APPROVED thi s 6" day of July, 2010.
ATTEST : James K. Woodwanl , Mayor
'i::oucrisiua A. Ellis, ily Clerk
1, Loucrishia A. Elhs, ily Clerk for th e City of Englewood , Co lorado , hereby certify th e
above is a true copy of Reso lut ion No .____, Series of 2010 .
Loucrishin A. Ellis, City lerk
Bv
•
•
RESOLUTION NO.
SERIES OF 2010
A RESOLUTION APPOINTING WILLIAM SKINNER AS AN ALTERNATE MEMBER TO
THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF
ENGLEWOOD .
WHEREAS , the Englewood Code Enforccmtnt Advisory Committee was established by the
Englewood City Council with the passage ofOrdinancc No . 71, Series of 1997; and
WHEREAS, the Code Enforcement Advisory Comrnittee is an advisory committee focused on
the activities and services of code enforcement and regulatory processes of the Neighborhood
Services section of the Englewood Police [':,partment, the Committee makes rccommendationa to
City Council and to the City Manager or dcsignee for improvements relating to the Neighborhood
Services in the City; and
WHEREAS , William Skinner has graciously offered to serve on the City of Englewood's
boards and commissiona; and
WHEREAS, currently there arc no vacancies on the boards and commissiona; and
WHEREAS, City Council has requested staff to send this alternate member packets for the
Committee he will be serving on so that he can maintain an understandin~ of the current issues
and ruJ..-·1
WHEREAS , while an alternate will not be a!>le to vote at the meetings, he is nevertheless
requested to attcod as many meetings as possible to get a feel for the membership and issues; and
WHEREAS , the Englewood City Council desires to •ppoint William Skinner as an alternate
to the Englewood Code Enforcement Advisory Committee; and
WHEREAS, Council ,. ri shes to express its gratitude for the voluntecrism and service that this
individual wisbos to bestow upon tl1e City;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCD.. OF THE CITY OF
ENGLE WOOD , COLORADO, THAT:
~The Englewood City Council hereby appoints William Skinn er as alternate
member of the Code Enforcement Ad visory Corrunittee.
ADOPTED AND APPROVED this 6~ day of July, 2010 .
ATTEST:
James K. Woodward, Mayor
Loucrishia A. Ellis, City Clerk
Bw
I, Loucrishia A. Ellis , Ci ty Clerk for the City of Er.~lewood, Colorado , hereby certify the
above is a true copy of Reso lution No .____, Series of 2010 .
Loucri shia A. Ellis, City Clerk
•
•
•
•
•
•
RESOLUTI ON NO.
SERIES OF 20 10
A RESOLUT ION APP OINTING CA TH ERINE TOWNLEY TO TH E URBAN RENEWAL
AUTHORJTY FOR TH E CITY or i:!'JGLEWOOD .
WHEREAS, th e Engl,.wood Urban Renewal Authority has the sta tut ory au th ori ty to undenakc
project s which it fin ds n,.:essary fo r the physical deve lop ment of municipal land use including
the improvement of are•is within the City; nnd
WHEREAS, the re is a vacancy on the Englewood Urban Renewal Authority ; and
WHEREAS , Catherine Town ley has appli ed 10 serve as a member of the Eng lewood Urban
Renewal Authori ty; and
WHEREAS , Cath eri ne To1>11 ley was previou siy named ns an altern ate to the Englewood
Urban Renewa l Authority; and
WHEREAS, the Engl ewood Ci ty Council desires to appoint Catherine Townley to the Urban
Ren ewal Authorit y;
NOW , TH EREFORE , BE IT RESOLV ED BY TH E CITY CO UN ILOF THE CITY OF
E GLEWOO D, CO LORADO, THAT :
Sec ti on I . Cathe rine Townley is hereby appointc-d to the Englewood Urban Renewal
Authorit y. Ca therin e Townl ey 's tenn will be e[Tec tive inm1edia1 ely an d will expi re February I ,
2011 .
ADOPTED AND AP PROVED thi s 6th day of Jul y, 2010.
AlTE:';T : James K. Wo dwurd , Mayor
Lo ucri shi n A. Elli s, Cit y Jerk
I, Lo ucri shia '•· Elli s, City Clerk for the ity of Englewoo d, Colorado , hereby cc nify the
above is a true cop ;• of Reso lution No. __ , 5cri <!s of 2\l IO.
Lou cri shia A. Elli s, Ci ty Clerk
Bx
• RESOLlITION NO .
•
•
SERIES OF 20 IO
A RESOLlIT ION REAPPOINT ING ROBYN V ANDERLEEST TO THE ENGLEWOOD
LIQUOR LICENS ING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS , the Englewood Liquor Licensing Authority ha s been crea ted and has all powers
of the local licensing au thority as sci fonh by th e State of Colorado tc grant o, refuse licenses for
th e sa le at retail of malt, vinous or spirituous liqu ors and f::nnented malt beverag1 ;s1 to conduct
investigations as required by law , and to suspend or revoke such licenses for cause in the manner
provided by law; and
WHEREAS , Robyn VanDerLcesl is a current memb er of the Englewood Liqsor Licensing
Authority; and
WHEREAS, Robyn VanDerLccst's r urrenl term expired Jul y I, 20IO ; and
WHEREAS, Robyn VanDcrLecsl ha s offered lo serve and ha s applied for reappointment to
1he Englewood Liquor Licen si ng Auth ori ty ; and
WHEREAS, the Eng lewood City Council desires lo reappo int Robyn VanDerLeest lo the
P.ng lewood Liquor Licens in g Authority;
r,;,,W, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENG LEWOOD, COL')RADO , THAT :
Section I . Robyn VanDerLeesl is hereby reappointed to th e Engl ewOC'd Liquor Licensing
Aut horit y. Robyn VanDerLcesl 's 1enn wi ll be effective immed iatel y and will ex pire July I ,
2013 .
ADOPTED AND APPROVED thi s 6° day of July , 2010 .
ATT EST:
Jam es K. Wooclwnrd , Mn yo r
Lo ucri shia A. Elli s, Cit y Clerk
I, Lou cri shia A. Elli s, City Clerk for th e City of Englewood , Co lorado , hereby ce rtify the
above is a true copy of Reso luti on No._, Series of 20 I 0 .
Loucri shia A. Ellis, City Clerk
Sy
• RESOLUT ION NO .
SERIES OF 2010
•
•
A RE SOLUTION REAPPOINTING TED V AS lLAS TO THE ALLIANCE FOR COMME RCE
IN ENGLEWOOD (ACE) CO MMITTEE FOR THE CITY OF ENG LEWOOD , COLO RADO .
WHEREAS , th e Alliance For Com merce In Englewood Commillee was cstabli sh<d by the
Englewood City Co un cil with the passage of Ordinance o. 5, Series of2001 ; and
WHEREAS , th e Alliance For Commerce ln Englewood Co mmittee advi ses the Englewood
Ci ty Council, focusing on the creation of an environment in whir.h existing bu siness can thri ve
and new business can prosper ; and
WHEREAS, Ted Vas ilas is a current member of Alliance For Co,mnerce In Englewood
Committee; and
WHERl:.A~,Ted Vasi lns' tcnn expired Jul y I, 201(•· and
WH EREAS , red Vailas ha s offered to se rve and has appli ed for rea ppoi r,tmenl to ~e Alli ance
For Commerce In Englewood Commit1ee; and
WHEREAS , the Englewood City Counc il desires to reappoint Ted Vas ilas to th e Alliance for
Comme rce in Englewood Comm iucc;
NO W, THEREFORE, BE rr RESOLVED BY THE CITY cmJNClL FTH E IT V OF
ENGLEWOOD, COLORADO, THAT:
Sect ion I. Ted Va silas is hereb y reappointed to Alliance For Comme,cc in Englewood
Co mmiucc . Ted Vasilas ' 1em1 wi ll be effective immediately and will ex pire Jul y I, 2013 .
ADOPT ED AND APPR OVE D this 6"' dny of Jul y, 20 10.
ATTEST : Jnmes K. Woodward , Mayor
Loucri shia A. Ellis, Ci ty Clerk
I, Lo ucris hi a A. Elli s, City !erk for th e City of Englewood, Colomdo , hereby cert ify the
above is n true !'OPY of Reso lut io n No . __ , Series of 20 10 .
Loucrishin A. Elli s, City Clerk
Bz
•
•
•
BY AUTHO RITY
ORDINANCE NO
SERIES OF 2010
COUNCIL BlLL NO. 17
INTRODUCED BY COUNCIL
MEMBER McCASLlN
AN ORDINANCE AMENDING WLE 4, CHAPTER 7, SECTION 11 , OF THE ENGLEWOOD
MUNlC!PAL CODE 2000, PERTAINING TO THE EXTENSlO OF THE LIMITED WAIVER
OF THEW ASTE TRANSFER SURCHARGE.
WHT.REAS, the Ci ty Council of the ity ofEnglewood , Colorado pn ssed Ordinance o. 25,
Series · 987, instituting the Waste Transfer Surcha rge which imposed a twenty ecol surcharge on
each ,,ubic yard or portion thercofty each person dispo sing oflrash al a waste transfer facility ; and
'w HEREAS, the Englewood City Counc il passed Ordinance No. 30 , Series of 1993, which
grant,:d a limited waiver of the Waster Transfer Surcharge until December 31, 1995; and
WHEREAS , the Englewood City Council passed Ordinance o. 22, Series of 1995, which
authorized a limited waiver of th e Waste Transfer Surcharge until December 31, 1998 ; and
WHEREAS, the Englewood City Co uncil passed Ordinance No . 31, Series of 1999, whi h
granted a limited waiver of th e Waster Transfer Surcharge until Decem ber 31, 200 1; and
WHEREAS , the Englewood c ·•y Council pass ed Ordinance o. 14, Series = 02 extended the
waiver until December 31, 2004; a. d
WHEREAS , the Englewood ity r.ouncil passed Ordinance No . 29, Series 2005 extended the
waiver of the surch arge unti l December 3 1, 2007: nod
WHEREAS. the Englewood ity Council passed Ordinance o. l, Series 2008 extend ing the
wni ve r of th e surcharge until December 3 1, 2009; and
WHEREAS , the pa ssage of thi s propo cd Ordinance" ill extend the waiver of the surcharge
until December 31, 2013 ;
NOW ,THEREFORE, BE IT ORDAINED BYTllE !TY COUN ILOFT!IEC ITY OF
9 b I
EN LEWOOD , COLORAD , AS FOLLOWS :
Secti on l . The City Co•m,tl of the City of Englewood, olomdo her by approves nn Ordinance
runcnding Title 4, hapte r 7, ~ubscction 11 , with the extension of the Limited Waiver of the Waste
Transfer Sur-r harg.c to rv..ad as follows:
4-7-1 I : I .imited Waiver of Surcharge : The requirements of this haptcr sha ll not npply during
th• months of May, June , July , August and September to any Municipality which meets th e
fo llowing criteria :
A. Incorporated with n City Hnll within the boundaries of Arapahoe County .
1
B. Does not provi de mun ici pal co llcc1ion of household 1 11d waste directl y orindircctly .
C. Offers to it s citizens the collecti on of hou sehold tra si c. , li mited ba sis during the
mon ths f May, Jun e, July , August and Sept ember.
Th is Section shall be effecti ve onl y until December 31. ~~ •• er which tun e it shall be null
and vo id without funher acti on of th e ity .
Section 2. Safety Clau ses. The ity Council hereby find s, detennin es, and dec lares that thi s
Ordinance is promulgated under the general police power f the City of Englewood , that it is
promulgated for th e health , safety, and welfare fthe public, and that thi s Ordinance is necessary
far the preservati on of health and safety and for ~,e protecti on of public convenience and
welfare . The ity Co un ci l funhcr detcnnines thnl the Ordinance bears a rational relation to the
proper legislative object sought to be obtained .
Secti on 3. Scverability. 1ny cla use, scntcn c\~, paragraph , or part of 1.hii; Ordinance or the
application thereof to any person or ci rcums tance; shall for any reason be adjudged by a court of
competent juri sdicti on inva lid , suc h judgment shall not affect , impair or invalidate th e rem ainder
of thi s Ordinance or it application to other persons or circumstances .
Secti on 4. Inconsistent Ordinances . All oth er Ordinances or portions thereof inconsistent or
co nflicting with thi s Ordinance or any porti on hereof are hereby repealed to the extent of such
inconsistency or con fli ct .
•
Section 5. Effect of repeal or modification . The repeal or modifi catio n of any pr vision of
the Code of the City of Englewood by thi s Ordinance shall not relc.1se. ex tingui sh. alter, modify . •
or change in who!..: or in part any penalty , forfeiture, or liabilit y, either civil or criminal , wh ich
slmll have been incurred under su..:h provi sion. and each provi sion shall be treated and hel d as
still rema inin g in fore ..: for the pu rposes of sustaining any and al1 proper actions, suits,
proceedings , an d prosec uti ons for the enforcement of the pena lt y, forfeiture , or li ability, as well
as for the purpos e of sustaining any judbttnent. dec ree, or order whi ch ca n or muy be rendered.
entered , or made in such actio ns, sui ts, proceedings, or prosec uti ons.
Secti on 6. Penalt y, The Penalt y Provision of Secti on 1-4-1 EM shall apply to eac h and
every violntion of this Ordinan ce.
Introduced , read in full , and pa ssed on fir st reading on the 2 1st da y of Jun e. 20 I 0.
Pub lis hed as a Bill for an rdinancc in the Ci ty's officia l newspa per on th e 25 th da y o f Ju ne,
2010.
Publi shed as II Bill for 11 11 Ordinance II the City's ffic iul website begi nning on the 23 rd dny of
Jun e, 2010 for thirty (30) days.
Read by ti tle and pa ssed on fi:ml reading on the 6th day of Jul y, 20 10.
Publi shed by title in th e City 's offic ial new spape r as rd inan cc u. _, Series of 2010 , on
the 9th day of Jul y. 2010.
2
•
• Publishc<! by title on the City 's official website beginning on the 7"' day of
July , 2010 fc,rthiny (30) days .
•
•
James K. Woodward , M,yor
ATTEST :
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby ceni that the
above and foregoing is a true copy of the Ordinance passed on final rending and published by
titl e as Ordinance i-o. ___. Series of 20 I 0.
Loucrishia A. Ellis
3
•
•
•
BY AUT HORITY
ORDINANCE NO.
SERIES OF 201 0
COUNC IL BILL NO . 18
INTRODUCED BY COUNC IL
MEMB ER WILSON
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "MEMORANDUM OF UNDERSTAND ING BETWEE N THE DENV ER POLICE
DEPARTMENT AND TII E ENGLEWOOD POLICE DEPARTMENT FOR TH E SHARING
OF DATA" FORMALIZING THE SHARING OF MUG SHOT DATA.
WHEREAS , the Englewood Police Department 's current mug shot system does not have th e
capa bilit y of devel opin g photographi c lineup s; and
WHEREAS , Englewood detectives arc required to drive to other agencies to accomplish thi s task;
and
WHEREAS , the passage of thi s Ordinance between Denver and Englewood Police Department s
will allow an interface to be creat ed with the Denver mug shot repo sitory; and
WHEREAS , the re posi tory will all ow En glewood detectiv es to complete their work in a more
efficient manner and will crea te a larger pool of mug shots needed to prepare ph otographic lineups;
OW , THEREFORE, BE IT ORDAINED BY Tiffi CITY OUNC IL OF TH !l CITY OF
E GLEWOOD, COLO RADO , THAT :
9 b ii
Sect io n I. The Cit y Counci l of the Ci ty of Englewood. -::ol ornd o hereb y acce pts and approves the
"Memorandum of Und erstanding Between TI1e Den ver Police Department and The Englewood
Police Department For Sharin g of Data " atta ched heret o as Exhibi t A.
Sec ti on 2. The Police Chief is auth ori 1.cd to execute the int ergovernmental agreement fo r and
on behalf of the Ci ty ofEnglcw ood, Co lorado .
h1t rod,•eed. rea d in fu ll , and passed on first r, ,n the 2 1st day of June , 20!0.
Publis hed as a Bill for an rdi nancc in the 1ty's offi ci,11 ncw spRper on the 25
th
da y of Jun e,
2010 .
Publi shed as a Bill for an Ordinance on the City's official website beginning on the 23 rd day of •
June, 20 10 for th irty (30) days .
Read by title and passed on fin al reading on the 6th da y of Ju ly, 2010 .
Published by title in the City's official new spa per as Ordinance No . _, Series of 2010 , on
the 9th day of Jul y, 2010 .
Published by title on th e City's ·'licial web si te beginning on the 7
th
day of
July, 2010 forthirt y (30) days.
Jam es K. Woodward, Mayor
ATrEST :
Loucri shia A. Elli s, City Clerk
I, Loucrishia A. Ell is, City Clerk of the City of Englewood , Co lorado, hereby ce rtify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No .__, Series of 20 10.
Loucrishia A. Elli s
•
•
•
I
Memorandum of Und erstandin g
Between
The De nve r Police Department
and
The Englewo od Polic e De partment
Fo r th e hari ng of Data
This Memo randum of Understanding (MOU) is made and entered on th is ~•Y of May,
20 10, between the De nver Police Departcnenl (DPD) and tl,e Englewood Po li ce ·
Departroent (EPD).
11,e purpos e of lhis MOU is lo fonn alize the shari ng of mug shot dala between the two
named departments to improve the effectiveness of each agency by providiug a lar ger
dalllbase from which to identify aud/or apprehend suspects and pasl offende rs enga ged in
crimin al acti vity.
Purpose
Security Requirements
Each department shall fo ll [;.,:ihe CBUCl JlS secur it y slllndards ,vhe~·h adling dala from
lbe olher jurisdir.ti on. Each department shall also fo ll ow any applicabl e slll tutory
require ment s in the creation and management of both adull and juveni le suspect
infonn ation. The mug shol dala shared between each depa rtm ent sh all be used for public
su fcty purpo ses only.
Inform ation Qwucrshi p, Rel ease and Accurnc}'
Ne itl1er departmeul shall dele te, change ur modi fy any ex isting dalO other than add
additional in formation lo dala already preserved . The mug shot data rema ins the property
of tl 1e department which obm~1cd und ent ered it
To preserve and 1,rotccl each.dc parunent's proprietary interest in ils own duta, nei ther
department shall release to any third party or agency, uny dal• prov ided by the other
without specific prior approval of the Chief of Police of the providing depurtmenl.
111e mug sho l dut•base contains the best information available al the time of its creation
and is dynamic lo allow for modifi cations as more complete und oocumtc information is
obtained. Prior lo acting upon any informntion, it is tl1e duly of each agency lo co nfirm
the accuracy of any information derived from the mug shol ds!nbase .
Technology Responsibility
Each jurisdiction is respons ible for the mainten•ncc nod support of its own systom.
Each jurisdiction shnll notify the other ofuny plnnncd outages that could affect use and or
access to the system.
Term of Agreement
This MOU is subject to review by either party a.,d remains in full force and effect until
rescinded or withdrawn by either department
~~61
OeraldR. Whitman O'Z,U
Chicfo f Police ::> ' I f <J
Denver Police Department ·•b',.. :" ,, 1
1
City and County OfDeuvcr
Thomas E. V andcrmee
Chief of Police
Englewood P-1\lice ;Depnrtm,ol ... 1
City of Englewood
•
•
•
•
ORDINANCE NO.
SERIES OF 2010
BY AUTHORITY
C()UNCil..Bil..LNO . 19
~TRODUCEDBYCOUNCIL
MEMBERl'ENN
AN ORDINANCE APPROVING AND AUTHORIZING 'r'HE EXECUTION OF AN
INTERGOVERNMENTAL SUBGRANTEE AGREEMRNT (CDBG) FOR THE YEAR
2010 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND
THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City Council of the City ofEnglewood approved the execution of an
Intergovcmmentsl Agreement between the City of Englewood and Arapahoe County by passage
of Ordinance No. 21, Series of 2009, covering the City's pllrticipati on in the Arapahoe County
CDBG Entitlement Program for funding yean 2010 through 201 2; and
WHEREAS, the Englewood City Council passed Resolution 71, Series of 2009, supporting
Housing and Community Development that authori:zcd aubmitting an application for 2010 CDBG
funding; and
WHEREAS, the House of Hope Project has been categorized as• ~ublic service activity to
assist with staffing for employees .
NOW, THEREFORE, BE IT ORDAINED BY 11fE CITY COUNCIL OF 11fE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-The Subgrantec Agreement for 2010 Arapahoe County Community Development
Block Grant -House of Hope Project, attached hereto as Exhibit A, is hereby accepted and
approved by the Englewood City Council.
~-Pursuant to Article V, Section 40, of the Englewood Home Rule Charter, the City
Council has determined that Exhibit A, attached to this Ordinance, shall not be pu'Jlished
because of its size . Copies arc available in the Office of the Englewood City Clerk .
~-The Mayor and City Clerk are hereby authorized to sign and attest said
Agreements for and on behalf of the City of Englewood, Colora~.o.
Section 4. The Cit~• Hanager shall be authori zed to further extend the subgrantee agreements
for the 2010 Arapahoe f-ll unly Communi ty Development Block Grant Program as needed .
Introduced, read in full , and passed on first readin g on the 21" day of June, 2010.
Published as a Bill for an Ordinance in the City's official newspaper on the 251h day of June,
2010 .
9 b iii
Publi shed as n Bill for an Ordinanr.e on the Ci ty's offici al websi te beginning 0n the 23"' day of •
June, 2010 for thirty (30) days .
Read by title and pa ss ed on final rcadinr on the 6th day of Jul y, 20 10.
Publi shed by title in the City's offi cial newspaper as Ordinan ce No ._, Series of 2010, on
the 9t h day of July, 2010 .
Published by title on the City's official website beginning on th e 7"' day of
Jul y, 20 10 for thirty (30) days .
James K. Woodward , Mayor
ATTEST :
Loucrishia A. Ellis , Cit y Clerk
I, Loucrishia A. Elli s, City Clerk of (f,r ( ';,y f Englewood, Colorado, hereby certify tltat the
above and fo1,.,6oing i~ a true copy of the Oru. -'11mce passed on final rea ding and published by
title as Orclinance No . _ _, Series of20l0.
Lnucri si;;, A. Elli s
•
•
• lJBGRA T~EAGREEMENT FOR
ARAJ>tillOE COUNTY
coMMUNJTY DEVELOPME T BLOCK GiW'< T FUND
UBGRANTEE: CITY OF ENGLEWOOD
PROJECT AME: HOUS E OF HOP E STAFFING
PROJECf NUMBER: ENP S \614
This Agreement is made by and between th e Ooard of County Commissi c>ners of the County of Arapahoe,
State of Colorado, for the Community Development Block Grant Program in the Community Rew urccs
Department (hereinafter referred to as the County) and the City of Englewood and Fam ily Tree, lne .
(hereinafter referred to as the SubGrantee) for the conduct of a Community Development Bl ock Grant
(CDBG) ProjecL
I. PURPOSE
J
The primary objective of Title I of th e Housing and Com munity Oevelopment Act of 1974, as amended,
and of the Community Development Block Grant (C Di3,'i) Progr,m under thi s Title is the devdopment of "<.,
vi ab le urbas commun ities , by providing decent housi•-~ R suiu1ble living environment and ex panding
econom:a o?portunities , principally fo r low and moderate ir, .;in r perso ns .
• e project by the SubGrantee known as the Ho use of Hope Staffing (Project) has been categorized as a
Public Services project and Lie SubGrantee w:11 mai ntai n documentation with the national objective of
Limi ted Clientele activities. This project has also been further categorized under Limited Clientele
activities as a presumed benefit per 24 CFR 570.208 (aX2XiXA). "Benefit a clientele who are ge nera//;;
presum ed to be principally low and moderate income persons. Activities tha t exclusively serve a.gro•:;, of
person in any one or a combination of th e followi ng categories may be presumed to benefit per ,ans, 51
percent of whom are low• and modera te-in come: abused children , battered spouses, elder/•, person:;,
ariults meeti ng th e Bureau of th e Census' C rrent Populat io n Repart s definition of "severely disabled."
homeless persons, ,/li tera te adults, persons ,iving with Arn, and migrant fa rm worker>."
The SubG rant ce may proceed to incur costs for th e ProJ c
from the County.
n receipt of an official ''Notice to Pwr.eed"
a. WORK TO BE COMPLETED BY THE SUBGR \ TEB
n,e fo ll owing pro·1isions outli ne the scope of the work to bt .:.omp leted :
The SubGrantcc will utilize CDBG funding to provide staffing at the House of Hope , which provides long•
term shelter and supportive se rvi ces for homeless families . lbe site is located al 3301 S. Grant Street,
Englewood, Colorado, 80113 .
0 A. l'uymcnt
l
h is expressly agreed and understood tliat the total amount to be paid by the Co unty und er thi s
contract shall not exceed $22,500 . Drawdowns for the payment of eligible expenses shall be made •
against the line item budgets specified in the Project Budget and in accordance with performance
criteria established in Section 11-C. Th -. pariies expressly recognize that the SubGrantee is to be
paid with CDBG funds received from tLe federal government, and that the obligation of the County
lo make payment to SubGraulee is contingent upon receipt of such funds. In the event that said
funds, or any part thereof, are, or become, unavailable, then the County may imm ediately terminate
or , amend thi s agreement. To the extent C.R.S. § 29-1-110 is app li cab le, any financial obli gation of
the County to the SubGrantce beyond the current fiscal year is also contingent upon adequate funds
being appropriated, budgeted and otherwise avai lable.
upon exp irati on of this Agreemcn 4 as id entified by the deadline in Section JJ. C. 3. below, the
SubGrantee shall tran sfer to the County any CDBG funds on hand at the' time of ex piration and
any accounts receiv able attributable lo the use of CDBG funds . These transferred funds shall
rever t to tl1e County and be utili zed for other purposes.
B. Timc lin e
All Project activities shall be completed an d draw requests subm itted by Apr il 30, 2011 unless the
Subgrantee no tifies the County in writing by April 15 , 20 11 that the fond s cannot be disbursed. An
extension mJy be granted in which all draw requests be submitted and project activities shall be
completed by May, 31,201 I. In th e event that the completion deadline falls on a weekend or
holiday, the deadline \\ill be considered the work day prior to the scheduled completion date. If th e
project :eq uires additional time past May 31, 20 11 , the Agreement must be modified by mutual •
agreement of th e County and the SnbGrantee.
C. Perform ance Criteri a
In accordance with the funding application submitted by the SubGrantee for tl1e Project , the criteria
listed below are to be met during the execution oftl1e Project.
I. Quantifiable Goa ls:
The SubGrantee will utilize CDBG funds for the conti nu ed empl oyment of sta ff at the
House of I-lope located at 330 1 S. Grant Stree4 Eng lewood, Co lorado, 801 13. Staff
members will be emp loyed by Family Tree, Inc., which provides staffing and services nt
the fncility for homeless families. By maintaining the po s iti ons, the SubGrantee will
prov id e services for a total of 180 uniqu e persons.
TI1e SubGrantee may col act nominal fee s for servi ces provided under this grant ,
providing the tot al of all client-r.ontributed and County grant funds do not exceed the
costs of ~rogram delivery.
2. Conununi ty Impact:
2
•
•
• D .
Public Service
Homelessness -crisis management and ability lo transition through the conti nuum of
care
3. Quarterly Performance Standards:
Jun e 30. 20 I 0:
No requirements established.
September 30. 20 I 0:
Provide serv ices lo approxi mately 50-70 uniqu e persons
December 31. 20 I 0:
Provide se rvi ces lo approximately 50-70 unique persons
March 31. 20 1 I:
Provid e serv ices to app roximately 50-70 Jnique persons
April 30, 2..Q!l;
Provide 0 c ices lo meet cum ul ati ve gran t year goal of 180 uniqu e persons served
Submit final drawdown and co mpletion report to County
Reportin g Requir ements
I. Project reports wi ll be due within fifteen days fo l!owi ng the end of each calendar year
quarter (June I to September 30 report is due October 15; October I to December 31
report is due Jan uary 15; January I to Marc h 31 report is due April 15; and the final
comp letion n:port is due April 30) until the Project is comple ted.
2. The official ~nnu al audit and/or Financial Statement s for th e SubGranlee in whi ch both
reven ues and expen ditures for tl1 e CDBG Projects describe d herein are detai led are due
annually . 'lbt, last com pl eted offic ial annual au dit report and/or Financial Statements
shall be due on May 31. and for fo ur ( 4) years therea fter on May 3 1.
E. Ln bor Standard (Dnvis-Uaco n)
Project ac tiviti es do not require compliance wi th federal labor stan dard s (Davis-Baco n) as it is
exempt (i.e .• pub lic ~ervice activity. single fa mil y hom e re habilitation . purchase of material s. or
other activity that has been determined exempt from federal labor standards). ·
F. Lend Bused Paint Rcgnlntions
If the activ ity mvolves any construction, dem clilion. rehabilit at ion. or any activity r.,lale~ lo a
bui lding. and th~ huilding was buil t in I 978 or prior. Lead Bas ed Paint Laws und Regulation s
• apply, as estab!is) Pd in 24 CFR Parts 35 and 570 .608 . If the SubGmntee does not follow and
3
document Lead Based Paint Laws and Regu latio n compliance, the SubGrantee will not be eli gible
for reimbursement. •
G. Environm ent al Review
Notwi tltstandin g any pro visio n of thi s Agreement, th e parti es hereto agree and acknow ledge that
thi s Agree ment does not co nstitut e a comm itm ent of fun ds or s ite approval, and that such
commi tm ent of fu nds or approva l may occur only upon sati sfactory compl eti on of envi , onm en tal
review and rece ipt by Ara pahoe Coun ty ofa release of fun ds fr om th e U.S . Dcpartm~nt ofl-lous in g
an d Urban Developm ent under 24 CFR Pm1 58 . ·n,c parties further agree th1t tl1 c prov ision of any
funds to the project is co ndi tioned on Arapahoe Co unty's determin ation to prnceerl with, modify, or
cancel tlte proj ect based on th e resu lt s of a subseque nt envirorun ental revi ew.
El. Uniform Relocation Ac t (URA)
It has bee n determined that no action under th e Unifo rm Relo cati on Act (URA) is necessary.
Tll. RES PO NSIBIL ITIES OF THE UBGRA TEE
A. Federa l Co mpli nuc c
The SubG rantee shall comply with all appl ica ble federa l la ws, regu latio ns and req uirements, and all
pro visio ns of the grant agreements received from tlt e U.S. Dep,.rtm e •" of Ho usin g and Urban •
Develop ment (HUD) by th e Co unty. These in clude but arc e,t ,•m it, 1 to com pliance wi th th e
provi sion s uf the Hous in g and Community Development Act e: J<r 1 ;,nrl ul l rules, rcgula•ion s,
guid el ines and circul ars promul ga ted by the vari ous federa l departm ents, age ncies , administrario ns
and co mmi ss ions re lating to the CDBG Program . A li st in g of some of tl1e applica ble laws and
rcg ul mions are as foll ows:
I. 24 CFR Part 570;
2. 24 CFR Parts 84 and 85 as applicable pe r 24 CFR 57 0.502;
3. Title VI of the Civi l Ri ghts Act of 1964 ;
4. Ti tl e VUI of tlte Civ il Rights Act of 1968 ;
5. Sect ions I 04(b) and I 09 of the I-l ou sin g and Community De ve lopm ent Act of 1974;
6. Fair housing regu lati ons establi shed in th e Fair I-l ous in g Act, Publ ic Law 90-284 , and
Exec utiv e Order 11063;
7. Section 504 of the Rehabilit ati on Act of 1973;
8. Asbestos guid elin es es tabli shed in CPD No ti ce 90-44;
9. The Energy Po licy and Co nse rva ti on Act (Publi c Law 94 -163) and 24 CFR Pm·t 39;
10. Equa l empl oy ment op pmt un ity and minorit y bu siness enterpri se reg ul ati ons es tabli shed
in 24 CF R pa rt 570.904;
11. Sect ion 3 of tl1 e Housin b ct nd Urban Development Act of 1968;
12 . Non-di scr iminati on in em pl oy ment , established by Exec utive Order 11 246 ;
13. Lead Based Paint regu lati ons es !abli shed in 24 FR Parts 35 and 570 .608;
14 . Aud it requirements es tab li shed in 0MB irc ul ar A-1 33; and •
•
•
•
15. Cost principles established in 0MB Circu lars A-87 and A-122 as app licable per 24 CFR
570.502;
I 6. Conflict of Int erest:
a) Applicability.
(I) In the procurement of supplies , equipment, construction, and services by
the Cou nty and by the SubGrantee, the con nict of interest prov ision s in 24
CFR 85 .36 and 24 CFR 84.42 , re spectively shall app ly.
(2) In all eases not governed b} 24 CFR 85.36 and 84.42, the provisions of
24 CFR 570.6 11 (2) shall app ly . Such eases includ e the acq ui siti on and
disposition of rea l property and th e pro vis ion of ass istance by the County
or by its SubGranlees to individu als, bus in esses, and other private entities
under eli gibl e activities that authorize such ass istance (e.g., rehabilitation,
prese rvatio n, and other imp rovements of private properti es or facilities
pursuan : to 24 CFR 570.202; or grants, loans, and other ass istance to
busines ,ies, individu als, and other private entities pursuant to 24 CFR.
570.203, 570.204, 570.455, or 570.703 (i)).
b) Co nflicts prohibited. The general rule is th at persons described in
paragra ph (c) of th;-section who exerc ise or have exercised any fun ctions
or responsibilities with respect to CD30 activiti es ass isted under thi s part,
or who are in a po sition to participate in a decision-making process or gR',
inside "information with regard to such activities, may not obtain a
fi nan cial interest or benefit from a COBO-assisted activity, either for
themselves or tho se with whom they ha·,~ business or immediate family
tie s, during their tenurr Jr for one year thereafter .
c) Persor.s covered The co nfli ct of interest provisions of paragra ph (b) of
this section apply to any person who is an employee, age nt, consultant,
o!Iicer, or elected official or appointed official of the County, or any
des ignated public agencies, or of the SubGrantee that are receiving fu nds
und er thi s part.
d) Exceptions. Upon th e written reques t of the County, HUD may grant an
exce ption to U1e provi sio ns of paragraph (b) of thi s sectiou on a ease-by-case
basis wh n it has satisfactorily met th e thre shold requirements of (d)(I) of
thi s sec ti on, takin g into account U1e cu mul ative effects of paragraph (d)(2) of
U1is section .
(I) Thresho ld requirements. HUD wi ll co nsi der an excep ti on on ly afte r
the Coun ty has pro vided the follo win g doc um entati on:
i. A disc losure of the natu,e of th e co nfli ct, accompanied by an
assurance that there has been publ ic d isclosure of the conflict and
a descripti on of how tl1 e publi c disc losure was mad e; and
ii . An 0pinion of the Coun ty's at1 mey Utat the interes t for wh ich
U1 e exe mption is sought would not violate State or lo cal law.
(2) Factors to be considered for excep tions. In det erm inin g whether to
grant a requested exceptio n after the County has satisfac torily met the
requirements of paragraph (d)(J) of thi s section, HUD shall conc lude that
such an excep tion wi ll serve to fu rther the purposes of the Act and the
5
effective and efficient administration of the County's program or project,
taking into account the following factors , as applicable : • i. Whether the exce ption would provide a significant cost [,enef.it
or an essential degree of expertise to the program or projec that
would otherwise not be available;
ii. Whether an opportuni ty was provided fo r open competitive
biddin g or negotiatio n;
iii. Whether tl1 e person Hffected is a member of a gro11p or class of
lo w-or moderate · ,come persons intended to ~ the
beneficiaries of the ..ssisted activity, and th e exception "''II
pennit such person to receive generally the same interests or
benefits as are be ing made available or provided 10 L'ie gro up or
class;
iv . Whether the affected person has withdrawn from hi s or her
functions or respo nsibi lities, or the decision making pro cess with
respect to the specific assisted activity in qu estion;
v. Whether the interest -or benefit WllS prc ·ent before the affected
person was in a positio n as described in pa,"llgraph (b) of thi s
section ;
vi. Wheth er undu e hardship will result cilhet to the Co unty or the
person affected when weighed agai nst the public interest served
by avoiding the prohibited con Oi e.t; and
vii. Any other relevru1 t consid .rations .
17. The SubGrru1tee cannot engage in a fede ,al ly funde d contract wi~1 any entity
rcgistel",d in the Lists of Parties Exel Jded From Federal Procurement or
Nonproc,trem ent Programs.
B. Non-Appropriations Clause
The SubGrantee agrees thnt it will include in every contract it enters, which re li es upon CDBG
monies for funding, a non-appropriation clauce that will protect itself, und the County from any
liability or responsibility or any suit which might res ult from the discontinuance of CDBG fundir.g
for ru1y reason. Because this SubGrantee Agreement involves fund s from a federal grant, to the
extent there is a conflict the funding provi sion s of thi s SubGran tec Agree ment , tl1e federa l grant and
the federal statu te s control rather thWl the provisions of Section 24-91-103 .G, C.R.S. with regard to
any public work projects.
C. Ex penditure Restriction s
All CDBG funds that arc ap proved by HUD for expenditure under tl1e County's grant agreement,
including those that arc id entified for th e SubGrantee's Projects w1d activities , shall be all ocated to
the specific projects and activities described w1d li ~\;;cl in the grant agree ments . The allocated funds
shall be used and expended only for the projects and altivitics for which the funds are identifi ed .
D. Agreeme nt Chnngcs
6
•
•
•
•
No projects or activities , nor the amount allocated therefore, may be changed without approval by
the County ilnd acceptaoce of the revised Final Statement and/or Consolidated Plan by HUD , if
required. Changes must be requested in writing and may not begin until a modification to this
Agreement is fully executed .
E. Direct Project Supervision and Administration
The SubGrantee shall be responsible for the direct supervision and administration of its respective
projects or activiti~s. This task shall be accomplished through the use of the SubGrantee's staff,
agency and employees. The SubGrantee shall be responsible for any injury :o persons or damage to
property resulting from the negligent acts or errors and omissions of its staff, agents and employees .
Because the SubGrantee is responsible for the direct supervision and administration of iLs proj ;..
or activities, the County shall not be liable or responsible for cost overruns by the S11bG1e.1 •~ on
any projects or activities. The County shall have no duty or obligation to provide anv addition.J
funding to the SubGrantee if its projects or activities canno ht.' r.cmpleted with • •-~u i ! ...l lncar.:d
by the County to the SubGrantee . Any cost overruns shall be the sole re:.pur.~L' 1tJ l the
SubGrantee . ·
F.
I . The SubGrantee agrees that all funds allocated to it for approved projec t! or t1ctivities
shal l be used solely for the purposes approved by the County. Said funds shall not be
used for any non-approved purposes .
2. The SubGrantee agrees that the funds allocated for any approved projects or activities
shall be sufficient to complete said projects or activities without any additional CDBG
funding.
Indemnity
To t.'ie extent allowed by law, the SubGrantee shall indemnify and bold harmless the County and its
elected and appointed officials, officers, employees and agents from and against any and all losses,
damages, liabilities , claims, suits, actions or costs , including attorneys fees, made, asserted or
incurred as a result of any damage or alleged damage to person or property occasioned by the acts
or omissions of SubGrantee, its officers, employees, agents, contracto rs or subcontractors, arising
out of or in any way connected with the Project or the performance of this contract.
G. Bonding an d Insurance
If the SubGrantee's projects involve construction activities , any Contractor it uses for said activities
sball be required to provide and maintain , until final acceptance by the SubGrantee of all work by
such Contractor, the kinds and minimum amounts of in surance as follo ws:
!. C ·"lprehensiv e General Liability : In the amount ofnot les s than $1,000 ,000 co mbined
single limit. Coverage to include:
a. Premises Operations
7
b.
C.
d.
e.
f.
g.
h.
Products/Comp leted Opera ti ons
Bro ad f'o nn Co ntractu al Liability
!ndepen :.'.•nt Con tractors
Brnad Fann Property Dam age
Empl oyees as Add iti onal In sured
Pe rsonal l ·~•1,,y
Arapahoe Co unty and tl1e SubGrantee ns /\S-:oi uo nal Named In sured
Waive, of Subrogati on
2. Co mpreh ensive Automob il e Liab ili ty : In the amo\11 ,, f not less than $1,000,000
co mbin ed single limit for bod ily injury and property damage. Coverage lo includ e:
a. Arapahoe County and the SubGrantec as additional Named In sured
b. Waiver of Subrogation
3. Employers Liabil ity and Workers Compensation: 'D 1• Contractor shall secure and
maint ain emp loye r's liability and Work er's Co mpcn ssiion Insurance that will protec t
it against any and all claims resulting fro m injurie s to and death of work ers engaged
in work under any contract funded pur ,ruant to thi s agreement. Coverage to in clude
Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of in surance shall be subject to
th e fo ll owing stip ulation s:
•
a. Underwriters shall have no rights of recov ery subrogatio n against Ara paho e •
Co unty or th e SubGranlee; it being the intent of th e parties that th e insurance
poli cies so effected shall protect the pat1fos and be primary coverage for any
an d al l losses covered by the described insurance .
b. The clause entitled "Other Insurance Provisions" contained in any policy
including Arapahoe County as an additional nam ed insured shall not apply
lo Arapahoe Cou nty, or th e SubGrantee.
c. The in surance compani es issuing tl1e po li cy or po li cies sh all have no
recourse again st Ara pahoe Coun ty, or tl1e SubGranlee fo r payme nt of any
premiums du e or for any assessme nts under an y fo nm of any po li cy .
d. Any and all dedu ctibl es contained in any insurance policy shall be assumed
by and at th e sole risk of the Co ntractor.
5. Certifi cate of fn suran ce: The Co ntractor shall not commence work under any
co nu·acl funded pursu ant to thi s Ag recmt!lll until he has submitted lo th e
SubGrantce , rece iv ed approval th ereof, ce rtificates of i11surw1ce showin g that he bas
co mpli ed with tl1e foregoing insurance requirem ents. The SubGrantee sha ll also
submit a copy of the Co ntracto r's certi fi cates of insurunce lo tl1e County.
6. Notwithstanding the provisions co ntained in thi s paragraph ('-1) set forth
hereinabove, the Co unty reserves the right to modify or waive said provi sions for
proj ec ts or ac tivities for which these prov isions would prove prohi bitive. The •
•
•
•
SubGrantee understand s, however, that the decision to waive or modify those
provi sions is fully within th e discreti •J n of the Co un ty.
ln accordance with 24 CFR parts 84 and 85, the fo ll owi ng bonding requirements shall apply to all
projects exceeding the simplified acquisition thresho ld (currently $100,000):
I. A bid guarantee from each bidder equiva lent to 5% of th e bid price;
2. A pe rforman ce bond on th e part of th e contractor for 100% of the contract price; and
3. A payment bond on the part of the co ntractor for 100% of the contract price .
H. Records
The Sub Grantee shall maintain a complete set of books and records doGu menting its use of CDBG
funds and its supervi sio n and administration of the Projecl Records are lo include documentation
ver ifying Project eligibility and national objective compliance, as well as financial and other
administrative aspects in volved in pe rfom,i ng the Project. The SubGrantee sh.1 1 provide full
aceess to these books and records lo the County, tlie Secretary of HUD or hi s designee, the Office
of Inspector General, and the General Acco unting Office so that comp liance with Federal laws and
regul ations may be confirmed. The SubGrantee further agrees tc, provide to the County upon
request, a copy of any audit reports pertaining lo the SubGrantee's financ ial operations during the
term of thi s Agreement. AU records pertaining to the Project are lo be maintained for a minimum
of five years following r.Iose-out of the Project.
I. Reportin g
The SubGrantee shal l file :,,II repor1 s and other information necessary to co mply with app li cab le
Federal laws and regulation:; as requ ired by the County and HUD. This shall include providing to
the County th e in'ormation necessary to complete annual Performance Reports in a timely fashion .
J. Timeliness
Th e SubGrantee shall com~ly witi1 the quruterly pcrfo1mru1ce standards establ ished in Section rI -C
of this Agreement. The SubGrantee understands that failure to co mply witi1 th e established
stru1d ards may lead to a cancella ti on oftl1e Project nn <l a loss of all unexpended funds.
K. Reimbursement for Ex penses
111e SubGruntee agrees that before the Cowlty cnn di str il,,Jt e any CDBG funds to it , tl1 c ubGran,~r.
must sub mit to ti1e County's Housing and Community Development Services Division
documentati 'Jn in Lhe form required l•y ihat Divis ion which properly and fu ll y identifies th e runou nt
which U1 ~ SubGrantee is requesting at that time. ll1e County shall have •~n (10) working days to
review the request. Upon approval of the request, the Cow1ty w,!I distrib ute t1'e req uested fond s to
the SubGrantee as soon as possible .
L . Program Lncom c
9
All program income directly derived from the Arapahoe County Community Development Blo ck •
Grant Program received by the SubGrantec will be retained by 'he SubGrantee and will be
di spersed for its appr:,ved CD BG Project activities before additional CDBG funds are requested
from the County. Po llo wing comp letion of the SubGrantee's Arapahoe County CDBG Projects , all
program income directly generated from tl1e use of CDBG funds will be remitted to the County.
M. Rea l Pro perty
Real property acquired in whole or in part ;;·Jr.a CDBG funds shall be utili zed in accordance wi!il
the scope and goals identified in Sections I and [I of thi s Agreement. Shou ld the property in
question be so ld or btherwise disposed of, or tl1e approved property usage dis ::ontinued, the
SubGrantee shall adhere to th e requirements of24 CPR Parts 84 or 85 (as applicable) regarding the
use and disposition of real property.
N. State and Co unty Law Com pli ance
All responsibilities of the SubG ran tce enumerated herein shall be subject to app li cable State of
Co lorado statutes and Cow1ty ordin ances, resolutions, rules , and regulations.
O. Subcontracts
lf subcontracts arc used on the Project , the SubGrantee agrees that the provisions of this Agreement
shall appl y to any subcontract.
P . Suspensi on or Terminatio n
This Agreement may be im mediately suspended or tenninated upon written notification from the
Cow1ty if the SubGrantee materially fa ils to comply with any tenn oi U1is Agreement. This
Agreement may also be tenninated for convenience "Y mutual agree ment of the Co unty and the
SubGrantee.
Q. In the event that the Unit of Generul Loca l Government should withdraw from ti,e County's
"U rban County" designation, tl1is Agreement shall tcnninate as of the lennination date of the
Co unty's COBO grant Agreement with HUD.
It. The SubGrantce certifies that to the best of its knowledge and belief:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any perso n for influencing or attempting to influ ence an officer or emp loyee of
any agency, a Member of Congress, an officer or employee of Congress, or an
emp loyee of a Memb er of Congress in connection wiU1 tl1 e awarding of any Federa l
con tract , the making of any Federal grant, U1 e makin g of any Federal loan , the
enteri ng into of any cooperative agree ment , nnd the ex tension, continuation,
10
•
•
•
•
•
2.
renewal, miendmenl, u, modification of any Federal contract, grant, loan, or
cooperative agreement; and,
If any funds other tl1an Federal appropri•ted funds have been paiC: or wi ll be paid to
any person for influencing or attempting to influence ?.;i officer or emp loyee of any
age ncy, a Member of Congress, an officer or employee of Congress, or an emp loyee
of a Member of Co ngress in connection with thi s Federal contract, grant, loan, or
cooperative agreen,enl, it will comp lete and su bmit Standard Form -LLL,
"Di sc losure Fow to Report Lobby ing," in acco rdan ce with its instructions.
S. Disa ll owancc
If it is determined by HUD or other federal age ncy that the expend iture, in whole or in part, for tl1e
SubGrantee's Project or activity was im prope r, inap propriate or in eli gib le for reimbursement, th en
th e SubGrantee shall reimbu rse the Cou nty to the fu ll extent of th e disa ll owan ce.
IV. RESPONSIBILITIES OF THE COUN TY
V.
A. Administrative Contro l
The Parties recogni ze and und erstand that th e Co unty Nill be the gove rnm ental entity requ ired lo
,.xec ute all grant agree ments receive:! from HUD pursuant to th e Co unty's requests fo r CD BG
fund s. Accordingly, the ·:1JbGrantee agrees that as to its projects or activities performed or
conducted under any COB( •,greemenl, th e County shall have the necessary admini strative co ntrol
required to mee t HUD requ;,.•mt nls.
B. l'crformancc and Comp liance Mon itoring
The County's administrative ob ligat ions lo th e SubGrantee pursuant to paragraph A above shall be
limited to the performance of th e adm inistrative tasks necessary to make CDBG fund s available to
· th e SubGran tee and to provide Housin g and Commu nity Developmen t Servi ces staff whose job it
wi ll be to moni tor th e vari ous projects fund ed with CDBG monies to monitor co mpli wce with
app li ca bl e Federal laws and regu lati ons.
C. Rc1>orli ng to BUD
·n,c County wi ll be responsible for see in g that all nL-ccssary rep011S and info m1 ati on required of tl1e
County are fil ed with HUD and other appli cab le Federa l agencies in a timely fashion.
EXTENT OF Tl:lli AGREEMENT
TI1is agreement, inc ludin g any documents attuched as exhibits whi ch are hereby incorporated here in
by reference, represents tl1e entire and integrn ted agree ment between U1e Coun ty, and SubGrantee
and supersedes all pri or negotiation s, re presen tati ons or agreements, ei th er wr:tten or ora l. Any
runendmen t3 to .h is agree ment must be in writi ng and signed by both the Co unty , and SubGrantee.
11
If any portion of U1is agree1.,ent is found by a co urt of compe lenl juri sdiclivn to be void and/o r
unenforceable, it is t'.1e intenl of lh e parties lh at t~e remaining portions of t'i is agreeme nt shall be o' •
full fore~ and effect.
VI . NOTICES
Notices lo be provided unde r this Agreement shall be given in writing and ei:.her debere<i uf hand
or depos ited in lh c United States mail wilh suflic icnl postage lo lhe addresses set forth:
To the County: Arapahoe County Attorney
5334 S. Prince Street
Littleton, CO 80 l 66
and
Arapahoe County Housi ng and Community Development Services
1690 W. L::Ueton Blvd., #300
Litt leton , CO 80120-2069
To lhe SubGrantee: City of Englewood
1000 Englewood Parkway
Engl ewood, CO &0110 • Family Tree, In c.
3805 Marshall Street
Wheal R1a ge, CO 80033
12
•
In Witness Whereof, the Parties have caused thi s Agreement to be duly executed thi s _____ day
• of -------~2010.
•
•
SubGrantee: City of Englewood
Signature James K . Woodward , Mayor
Title Mayor
SubGrantee: Family Tree, Inc .
Signature
Titl e
Board of County Co mmi ss ioners
Ara pahoe Coun ty , Colorado
Don Kl~mme on behalf of the Boa rd of County Conunissione rs
Pursuant to Resolution # 10014 0
13
•
PRO,TECT BUDGET
COLUMN A COLUMNB C0LUMNC COLUMND
Proj,ctAClivlllc, E,thntlti ~ Total Coil or (.!)llG F'un dJ Olhcr Fu,ub Com milled
(1ptcl (yby ll ncl1cm) "clivlly
Pasannd 1 32 1,653 ru,soo 1 299,153
Operating cosu 1187J4◄ so $187,)◄4
TOTAL: I !01,997 ru,soo 1486,497
•
•
•
•
•
COUNCIL COMMUNICAT ION
Date: Agenda Item : Subject :
Jul y 6, 20 10 11 a i Mutual Aid Agreement be tween Denver Health
an d H osp ital Authority and the City of Englewood
Initiated By: I Staff Source:
Englewood Fire Departm en t Michael Pattaro!Zi, Fi re Chief
COUNCIL GOAL AND PRE VIOUS COUNCIL ACTION
No previous Coun cil action.
RECOMMENDED ACTION
Staff re comm ends Coun ci l adopt a bill for an ordinance approv in g of an ag ree m ent of mutual aid
for emerg ency medica l serv ices between Denver H ea lth and Hospitals and th e Ci ty of Eng lewood.
BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIF IED
M utual ai d ag ree ment s ex ist between th e City of Engl ewood and m os t Front Rang e fire
depa rt ments, includi ng Denver Fir e. In many of th ese jurisdicti ons, emerge ncy medi ca l services are
p rov id ed by the fire depar tm ent. Emergen cy m edica l services in th e City and Coun ty of D enve r are
provid ed by D enve r Hea lth an d H osp it al Au th ority.
The abili ty to provide or rece ive mutual aid w ith Denver H ea lth , in th e eve nt of a medica l
emergen cy, is not current ly i n place This propose d ag ree m en t would fil l tha t gap.
The mutual ai d agree ment w ith Denver H ealth w ill all ow D enver H ea lth Param edi s to provide
emergency medi ca l se rvi es within th e City of Engl ewood, w hen ca " ·or ass istance, and wot1l d
all ow Eng lewood Fire Department to provide emerge ncy medica l serv ices w ithin a li mited
g ographi c area of th City of D nver, as specified in th e agree ment. Th ese se rvi ces wou ld onl y be
prov id ed in th e v nt th e pr imary ag ency ould not res pond in a time 'y mann er to a ca ll for service.
FINAN CIAL IM PACT
No sig nifi ca nt financial impac t is ant icipa ted.
LI ST OF ATTAC HM ENTS
Bi ll fo r an Ordin ance
•
•
•
ORDINANCE NO .
SERlES OF 20 I 0
BY AlITHORITY
COUNCLL BLLL NO. 20
INTRODUCE D BY COUNC IL
MEMBER _____ _
A BLLL FO R
AN ORDINANCE APPR OV ING AN INTEROOVERNMENTAL AGREE MENT BETWEEN
DENVER HEALT H AND HOS PITAL AlITHORITY AND TH E CITY OF ENGLEWOOD
F R MlITUA L AID FOR EMERGENCY MEDI CAL SERV ICE S.
WHERE. \S, mutunl aid agreement s exist between Englewood Fi re Dep artme nt and most fron t
ra nge fire ~c:partments, including Denver Fire; and
WHEREAS, many of these juri sdic ti ons have emergency medi ca l services which are provided
by the fire department ; and
WHEREAS , emergency medica l serv ices in the City and Cou nt y of Denver arc provided by
Denve r Health nnd Hospi tal Authority ; and
WH EREAS, the passage of thi s Ordinance will all ow Denver Hea lth Para medics to provi de
emergency medica l services within the Ci ty of Englewood when callr.d fo r assistance; and
WH EREAS . til e passage of thi s Ordinan ce will all ow Englewood Fire Department to pro vid e
emergency nuxlic 1I services wi th :n a limit ed geographic area of Denver, as speci fied in the
Agreemen t wh ~rl C"1ll ed for assistance;
NOW, THEREFORE, BE IT ORDAINED BY HI E CITY C:OUNC LL OF Tl-IE CITY OF
ENG LEWOOD, CO LORADO, AS FOLLU .VS :
Section I. The City Council of the Ci ty of Engl•:wood, r,lorado hereby accepts and approves the
"Agree ment " for mutu a ~id between Denver Health and Hr.spital Authori ty and the Cit y of
Englewood, attached hereto as Exhibit /\.
Secti on 2 . The Ma yor is auth ori7,ed to exec ute and '.he Ci ty Clerk to attest and sea l th e
Agreement for nnd on be half of the ity of Englewood, Co lorad o.
lntroducc-d, read in full , and passed on first read ing on th e 6th day of Jul y, 20 10.
Publi shed as a Bill for an Ordinance in the ity's officia l new spaper on the 9" day of July , 20 10 .
Publi shed as n Bill fo r on Ordinance on th e City 's offic ial web site begin ning on the 7" day of
Jul y, 20 10 for th irty (30) day s.
ATI'EST : Jomes K. Woodwa rd , Mayo r
Loucrisbia A. I.:lli s, Cit y Clerk
1, Loucrishia A. Ellis , City Clerk of the City ofEnglewood, Colorado, hereby certify that the
above and foregoing is a true copy ofa Bill for an Ordinance , introduced, read in full, and passed on
ti cst reading on the 6th day of July, 2010 .
Loucri shia A. Elli s
•
•
•
•
•
•
AGREEMENT
TEIIS AGREEMENT is mode and entered into th is __ doy of ___ , 20 IO by al
between Denver Reolll, ond Ho s pital Authority , a hody c01porale and politid
subdivision of the Stale of Colorado, with offices al 660 Bannock Slrcel, 5•h Floor, N
I 9 I 9, Denver , Colorado 80204 (hereinafter lhe "A u t hority") and the Englewood Fl
Dcpnrtm enl , a department of the Ci ty of Englewood, in the Stale of Co lor ado, with offid
located at 3615 S. E.lali Sl., Englewood. Colorado 80 110 (hereinafter "Englewoo d Fir e\
Collectively, the Authority and Englewood Fire shall be referred lo us the "Parties."
RECITALS
WHEREAS , the Authority operates the Denver Paran1cdic Division, which"
re spon sib le for responding to oil 911 emergency medical service within U10 corp o,le
boundaries of th e City and County of Denver (referred to as the "service area" of th e Authority); id
WHERE AS, Englewood Fire was established to provide !ire protection, rmcrgcfY
medical, resc ue, and emergency medical services to lhc citizens within the City ofEnglewood; a11
WHEREAS, each of the parties hereto ore eq ui pped ond sta ffed to operate advat1'd
life support emergency medical se rvices systems wi thin thei r rcspeclivcjurisdiclions; and
WHEREAS , the parties hove identified certain geographical arc os wilin
their j uri sdicti ons which, in lhc cvcnl of o reported need for emergency medical service, wi,d,
under cert ain circumstances, boncfit fro m responses by eq uipm ent and personnel oflhe
ot her jurisdiction, th ereby minimizing response tim e lo such request for service; and
WHEREAS , emergencies may arise in one or the other of the scr\'icc ore,:s of the p,l.ies
res ultin g in greater demand s than the personne l an d equipment of that parly con hand I, or
emergencies of suc h inten sity may occur that they ca nn ot be handl ed solely by the cquipme, o f
the party in whose service area the emergency occurs; and
WUEREAS , the partie s desire to establi sh an agreement to provide for m~ual
re sponse with respect to equipment nnd personnel of each of the parties hereto , to ~ose
spec ifi c areas as identified by lhc parti es~ and
WI-I EREAS, establishment of n mutu al respon se ngrccmcnt will serv e a p1b lic
purpose nnd will promote the henllh, safely , security , an,l ce ntral we lfa re of the
inhn bitonls of the Authority's service areu, Englewood Fire's service area , and the St;je of
Cr lorado .
NOW, TREREFORE, in considerution of the premises above described nn d the 11n1tual
perfornrnnce of the covenants, ngrcemcnls, and promises sci forth hcreinnfier, lhe parties ag,Ce us
follows :
I. R E PR ESENTAT IV ES. The Authority's Chief Exec ut ive Officer ("CEO") is lhc
officiul Authority Reprcscntntiv e ond directs nil services for the Authority under thi s
Agrecmcr,t. ommu ni cnlion between the Authority and Englewood Fire shall be
Poge I of9
E
X H
' 6
I
T
A
directed through the CEO or such other representative as the CEO shall dr.signote .
The City of Englewood Fire Chief is the official City Representative and directs oil services
for the Englewood Fi re Department under thi s Agreement. Conununication between the
Authority and Englewood Fi re shall be di rec ted through the Englewood Fire Chief or such
other representative as th e Fire Chief shall designate.
II . DEFINITIONS .. For the purposes of this Agreement, and any rxhibits hereto, the
definitions of the following words or tcnns of urt shall be controlling for all purpose thereof:
A. "Advan ced Life Sn,.por t" or "ALS" mean s emergency medi ca l technician-
para medic level service, the high es t attainable level of pre-hospital
emergency medical care and treatment under the Colorado Board of Health
Rules .
8. 11 Ainbulancc 11 means any surface vehicle equipped lo tran spo rt injured, sick,
wounded, or disabled persons ir eith er an emergency (i.e., with lights and sirr.n
operating) or non-emergency mode, and staffed to provide emergency und
no1a-ernergency medical services for such persons.
C. "Base Station Physici an/Ho sp ital" means the hospital or physician from which o
party's emergency medico! se rvi ce system receives its On -Line Medical
Contro l.
D. "Bas ic Life Sup pOr t" or "BLS 11 means emcrg~ncy med ica l technician-basic
level service, which in clu des vital sign"s nsscSsmcnt, oxygen
admini stration, non -inva sive airway management , artifici al ventilation,
ca rdi op ulmonary re susc it ation , extrication, axia l immobilization,
extrem!ty sp linting, hemorrhage control, wound care, and bandagin ~.
E. °Command Officer 11 means an employ ee duly nuthoriz..:d to ass ume
operational and medical contro l of on Emergen cy i.1 edicai Services
In cident wit hin the geograph ic jurisd iction of sa id cmployc.,'s employing ogency
where such uge r a purty of this Agreement.
F. 11 Emcrgcncy Med ical Serv ices ln cidcnt 11 means an oc currence whereby there is
either an observed pote ntial need for or an expressed request for immediate medical
response an d/or assistance by Advon ce Life Support umVor Ba sic Life Support
eq ui pment and pcrso1mcl .
0 . "Mutual Aid Response" mea ns th e response of one party's equ i pment and personnel ,
at the ex press req ues t of the oth er party , to handle or assist with an Emergen cy
Medica l Services In cide nt within the se rvi ce urea of U1e other pa11y.
M. "O n-Lin c Medical Control" me ans direct consultation by telephone or rodio
with a Bose Station Physician/Hospital for patien t treatm ont ancVor disposition orders
or assista nce
1. 11 Pntie nt" mean s any pe rso n with any degre e or injury. illn ess, or
medical complaint.
rn gc 2 of9
•
•
•
•
•
•
J, "Responding Party" mea n; the party whose equipment and/or perso nn el was
dispatched, respond ed to, and arrived al the location o f the
Emergency Medical Service in cident within thr iurisdiction of a
Responsible Party.
K. 11 Rcsponsib lc Partt mea ns the party withi n whose se rvice aren a Mutual Aid
Rcspo11 se incident is located .
111 . MUTU AL RES PONSE OIILIGATION S.
A. The parties agree llrnl the Authority's Paramedic Divisi on and Englewood Fire
sha ll , al the express requ est of th e other party and subj ect lo the limitation s set forth
here in, provide Mutual Aid Response within each olhe~s jurisdiction without rega rd
for political bound.ries and in full compliance with the terms and conditions of U1is
Agreemen t.
B. Mutual Aid Response is hereliy deemed lo be approved by the respective governing
bodies of each party, and shall require no further approval b:• the resp onsib le officials
of ei ther party . ·
C. Nothing herein sha ll affeel either party's operation of Advauced J,ifo :,,111µor1
emerge ncy medical services within its respective jurisdiction .
D. Bol h parti es herelo agree Jo li mit the scope of thi s Agreement to Mutu al Aid
Re spon se lo Adva nc·ed Life Support Ambulances. Acc J rdingly, 0 •G h pu rl y's
provi s ion of Basic Life Suppo rt se rvices sha ll remain unaffeetc uy !hi s
Ag reement ; no th ing .i n this Agreement shall be co nst ru cted to autho rize the
,lual Aid Re s pon se of such Basie Life Suppo rt equipment and perso nnel.
E. Only those ALS Ambul~nces which arc staffed with al least two (2) Colorado•
c~rtificd Emergency Medical Technicians (-Ba s ic, -ln tcr rncdiatc 1 or -
Parnmedic) with al le ast one (1) memb er of such slafl being a Co lorndo -ccrlificd
Eme rgency Medical Technicin n-Parnmedic sha ll re s pond l o Mutual Respo nse
In cidents governed by this Agree ment.
F. Whcncvc1 an 13mcrgc ncy Medical Scrvircs In cident occurs within a pn1ty's
jurisdiction where , in the judgment of the Responsible Party's dispatcher , re sponse by
the Rc sponc\ing Purty's ALS Ambulance would se rv o:: to minimize the response time
to such call, or is necessary to ass ist with n multiple Patien t cnll or when the
Responsible Party i, unavailable, the Responsible Part y's di spatcher shall
immediately notify the Responding P11rtYs conununicntions center of such cull, which
"imll initiate the co nt empl ated Mulunl Response of the Responding Pnrly's ALS
Amb ul ance into the Responsible Vnr ty's jurisd iction.
G. Jl is recognized that U1c availability of ALS Amb ulances hereund er from one or both of th e
parties to this Agreement may be subject lo or limited by other demands for utilization of
suc h equipme nt and persom1el elsewhere within or outside the jurisdiction of such party .
Consequently, any obligation of a Responding Party to supply Al S Ambulances for
Mutual Aid Response hereunder shall be expressly limited to, and contingent
upon, the ability of the Respondi ng Party to provide an adequate level of service and
protection within its jurisdiction, based on the availability of the Responding Party's •
equipment and personnel. Th e determination of whether said conditions exist shall be
within the sole discretion o the Responding Party. Should the Responding Party
determine it is not available fo r Mutual Aid Respon se, ii shall immediately
notify the Requesting Party and the Requesting Party's dispatcher.
H. Both parties' dispatchers' decision lo employ the Mutual Aid Response provisions of this
Agreement shall generally comply with the following geograp :,ic boundaries:
I. Englewood Fire ALS Ambulances m.1y be dispab :hed as a Mutual Aid Response
witl-.in that part of Denver bounded by :
Sheridan Boulevard to the West
Belleview Avenue to the Sou lh
Colorado Boulevard to the East
Evans Avenue to the North
2. Authority ALS Ambulances may be dispatched as a Mutual Aid
Response within that part of Englewood Fire's Service Area boundeJ by:
The geClgraphic boundaries of the City ofBnglewood.
I. Both partiei, hereto agree lo disregard these ,uorementioned geographic bo~ndaries
when requesting o.r providing Advanced Life Support assistance in handling a
multiple casualty or large-scale Emergency Medical Services Incident, or when
the Responsible Party,is otherwise unable to timely or adequately respond.
J.
,,,.. •f'
Both parties hereto agree to review and tevisc these aforementioned geographic
boundaries when deeined 'necessary or prudent by either party. Such revision sholl
be implemented uniy by 'written amendment to this Agreement.
K . Both parties agrcc,that aBasic Life Support (BLS) first respon.se may be used in
addition to an ALS response w;;en in accordance with thst party's
dispatch protocol . ' ·
IV. MUTUAL RESPONSE COMMAND..,
The general command of a Mutual Aid Response inc ident shall be vested in ond
carried out by the most senior paramedic aboard the first emergency response unit to arrive
at the incident, regardless of· the jurisdiction of his or her origin, until arrival of a
Command Officer of the Responsible Party and assumption of command by such
officer.
V. PATIENT CARE.
A. Both parties hereto agree to operate under the D"nver Metropolitan Paramedic
Protocols wuh respect to patient assessment, treatm1nt , drugs, and procedures;
destination decisions shall be made by the senior paramedic aboard the
Ambulance transporting the patient in accordance with that party's internal
operational policies and pro cedures, except that :
Page 4 of9
•
•
•
•
•
i. patients in the Authority's se rvice area who arc on a Denver Police IJepartmc,:t
hold (either a legal or mental health hold) shall be transported to Denver
Health Medical Center, unle ss otherwise diverted by th e Auth.,ri ,y; and
ii. patients in the City of Englewood service area who are on an Englewood Police
Departm ent hold (either a lega l or mental health halt') shall be tran sported to Swedish
Medical Center or Porter Adventist Hospital, unltss otherwi se agreed to by the
officer placing the hold on the patient.
B. For purp oses of co ntinuity within each party's re s pec tive operation, On -Li ne
Medical Co ntrol for each party sha ll be provided by that party's Ba se Station
Phy s ician/Hos pital, rega rdless of the jurisdiction within which the Emergency
Medical Services Incid ent is located.
VI. COMPENSATION AND REIMBURSEMENT.
The parties agree that the services to bo provided hereunder to eac h other are of equal
value. All aid rendered under this Agreement shall be without charge to the othe r party .
Each party shall have the right. to seek compensation or rei mbursemen~ and bill any person or
agency not a party to this Agreement, for services provided pursuant to thi s Agreement , in
accordance with its own billing r91jci'?s and as authori1.ed by law .
. ' va. TERM AND TERMJNA TION, ....
This Agreement shall commence on th e day following the date on which both parties have signed
the Agreement and sha ll automatically renew for successive one (1)-ycar terms, su bject to the
following: ·
A. Either pnrty may, terminate thi s Agreement upon thirty (30) days advance
written notice pfoVided in accordance with the "NOTICES" provi sion herein ; or
B. Any party .n ay' ·i~imcdiatcl y termi nate this Agreem ent, for cause or upon
breach by any other party of any material provision hereof, or
C. This Agrce111ent,1nn y be lem,inatcd by writte n mutu al ~greem~nt of the parties.
Exce pt as limited by law and ·subjcc\ lo patient co nfidentiality protections , boU1 parties hereto
agree to share co llected event infomrnti on and data from nil Mutual Aid Responses with each
0U1er for ststisticn l nnd quality ass urnn ce purpo ses; both p111tics also ngree to ensure and mn in tnin
confiJcntinlity ~f such shured infonnation in ncco rdan ce wiU1 any and all upplicable statutes,
rul e.• und regult,tio ns, iucluding the Health In su ran ce Portability und Accountnbility Act of 1996
(H tPAA).
Both parti es shall :.eep and maintain books, reco rds, nccou ,1 ls and other documents (hereinafter
co ll ective ly refe1red to as "reco rds") that are sufficient to accurately and completely reflect the
operati ons of th e parties in reference lo this Agreement.
Both parties agree that, to the extent permitted by law , any duly authorized representative of the
other party shall, until the expiration of four (4) years following tcm,ination of this Agreement, •
h:ivc access lo :rnd the right to examine any directly pertinent books , documents, papers,
antl records of th e othC!' party involving transactions related to this Agreement Such records
shall include, but not be limited to, receipt s, memoranda, invoices, vouchers and accounts of
every !Gnd pcrta ini.1g lo the perfom1ancc of work and services under this Agreement. Botl1 parties
st,all, upon rcque~t of the other party, make such reco rds available fo r inspcct:on .
Except as limited by Colorado and fodera l law and regu lation governing confidentiality of
p11ticnt records and patient privacy protections, eiti1er party shall, upon requ es t of the official
rep resenta tiv e of the other party, make such records ava ilabl e for ir. pcctio n and copyi ng in the
D-.:uver metropolitan area.
lX. HEALTH INSURANCE l'ORTABTLIJY AND ACCOUNTA1JfLITY ACT OF 1996 (ITTl'AA).
Both parties shall (i) not use or further disclose information other than as permitted or required by
this Agreement; (ii) not use or further disclose informati on in a manner that would violate toe
requirements of t~e HIPAA re gulations; (iii) use upp ropriatc safeg uards to prevent use
or disclosure other than as pr~vided in th is Agreement; (iv) report to U1e othe r party any use
or disc losure 1101 provided by th\.s Agreement ; (v) ensure that any sub contractors and agents
to which the parties may provide protected heal:h information agree to the same restriction s
and conditions as apply to th~ parties; (vi) make •p~ropriatc health informatio n available upon
individual request as api:•oori•!.•; (vii) make its practices, books, and records relating to the use
and disclos ure of protected health informati on available to the U.S. Department of Health and
lfoman Services; (viii) authorize th e other pa rt y to terminate th is Agreement if on< has •
violated a muterinl tcmt ' ·
& _MEl)JCARE CLAUSE.
Bxcepl as limited by Colorado ~nd federal law and rcgulatioa govern ing confidentiality of patient
reco rds and patient privacy protecti ons, Eng' ·wood Fire agrees to allow the Secretary of the
Department of Health and Human Services and the Comptroller General, and tl,c Authority
Auditor, or lheir dul y nuthorizcd representatives, access upon requ est to this Agreement and to tl1c
books, doc uments and records o(Englewood Pirc that arc necessary to verify the nature nnd
extent of costs of services furnishCd under thi s Agreement. Eriglcwood Fire also ugrccs that ii it
carries out uny duti es of this Afirccmc nt through a subcontrac tor, with n value or cost of Ten
Thousand Dollurs ($10,000) or · more over n twelve (12)-month period with a related
orga ni zu tion 1 th e sub co ntract must contain u clnusc to the effec t thnt the rclnt cd organi zatio n,
sub co ntra ct mu st co ntain n clause to the effect that the related orgnni:~ntion mu st nmkc
nvnilab lc, upon written rcq uc.st, to the Sccrctary 1 or upon req uest to the Compt rrllcr
Gc ncrul 1 or th ei r duly nuthorizcll rcprcsentn tiv cs, the subcontrac t und th e books,
docume nt s and reco rd s of the related organization thnt nrc necessa ry to verify th e nature nnJ
extent of the costs . Such access shall be until the cxpirrlion of fo cr ( 4) yen rs afier th e
serv ices nre furnished un der this Agreement.
Except ns limited by Co lorado and fcdcml law and regulation goven1i11g confidenti:1!ity of patient
records and patient privacy protections, th e Authority agrees to nllJw the Secretary of the
Department of Health and Human Services and the Co mptroll er General, nnd the City or
Englewood Director of Finance:, or the ir duly authorized representat ives, access upon request to •
this /\grce ment and to the books, documents and reco rd s of the Authority that arc necessary lo
!'age 6 of9
•
•
•
verify the nature nnd extent of costs of se rvices furnishec under this Agreement , The Authority
also agrees that if it carries out any duties of this Agreement through a subcontractor, with a
value or cost of Ten Thousand Dollars ($10,000) or more over a twelve (12)-month period
with a related organization, the subcontract must contain a clause to the effect that the related
orga"ization must make availo ble, upon wri tten request, to the Secretary, or upon request
to the Comptroller General, or theii duly authori zed repre sentatives, the subcontra ct and
the books, documents and records of the relal ed organizati on that are necessary to verify the
n•ture •od extent of the costs . Such acce ss shall be unt il th e expiration of four (4) years
after th" services are furnished under this Agreement.
KL. STATUS OF THll: PARTIES. The par tie s acknowledge that they opere l
independently, Neither Englewood Fire, nor any of its agents, representatives, employees, or
offic-m shall be considered agents, representatives, employees, or officers of the
Authority. Neither the Authority, nor any of its airnts, representatives, employees, or
officers shall be considered agents, repr esent•tives , employees, or officers of
Englewood Fire . In no event shall thi , \greern ent be construed as ostablish.ing a
partnership or joint venture or similar relau .,aship between the parties, Each party shall be
liable for its own debts , ooligatiiiris, .els and omissions, Nothing contained in this Agreement,
and no performance under thi~-Agreement by personnel nf the parties hereto shall, in
any respect, alter or modify the "stiitu,· of officers, agents, representatives, or employees of the
respective parties for purposes 'of worr.c.-•~ com~ensation or other benefits, entitlements,
pensions, leve!a or types of traiitirtg~ internal discipline, certification, or rank procedures,
methods , or categories, or for a_hy ji~se, condition or requirements of employment.
XII. UNEMPLOYMENT. WORKERS' COMP AND FRINGE BENEFITS. Englewood Fire
understands that it is not entitled to unetnployment benefits, w9rkers' compensation benefits, or
any fringe bene fi ts frcm the -'Uthority . The Aulhority understands that it is not entitled to
unemployment benefits, worke~' ,corrpcnsation be:i efits, or any fringe benefits from Englewood
Fire . ,1 1 •
XIIl. COLORADO GOVERNMENTAL IMMUNITY ACT. The parties her eto
underst and and agree that the :Authorl:y and Engl ewood Fire, individually, are relying upon
and have not waiv ed the monetary limi t ations (pres ently $150 ,000 per person ,
$600,000 per incident/occurrence) and all other right s, immunities and protection
provided by the Colorado Governmental illll!'unity Act, C.R.S , §§24-10-10 I, et seq.
XIV. L[ABILl';'Y. Th e Authority · and Englewoo~ Fire agree, ind ividuall y, to be
re sponsible for any and all • negl ig ent or wrongful acts or omissions of their
re spective officers , employees ;and agents arising out uf the performance of duties
under th is Agreement. The parti es acknowledge that each of them is covered and
se lf-in sur ed under the Colo~dp_ Qo~ernmental Immu nity Act, C.R.S. §§24-10-101, et seq.
XV. fNSURANCE. The Aulpodty warra nt! and repre sent s that it self-insures for
professional liability for, i,tself and for its public employees who provide health
care services (including i ts phy sician publi c employee s) pursuant to th e Colorado
Governmental Immunity Act , C.R.S. §§24-10 -101, et seq. Englewood Fire warrants and
represents that it self-insures -for professional liability for itself and for its employee s
in amounts at least up to .t.h~ limits ofliahility as specified in the Colorado Gov ernmental
Immunity Act, C.R.S. §§24-,10-101 , '.t seq ,
Page 7 of9
XYJ, NOTICES. When this Agreement provides for notice, the r.otice shal l be given in
writing and shall be sent by U.S. Postal Mail , or by personal delivery to the parties at the
following addresses: ·
UtoDHHA: If to Englewood lllre:
Denver Health and Hospital Authori ty
Office of General Counsel
Englewood Fire Department
Michael Pattarozzi, Fire Chief
3615 S. Elati Street
Englewcod , Colorado 80110
560 Bannock Street, MC 1~19
Denver, Colorado 80204
Said notice shall be delivered personally during normal business hours to the
appropriate office above, or mailed by the U.S . Postal Service. Mailed notice
sha ll be deemed effective three (3) days after deposit with the U.S. Postal Service.
;\'Vll. CONFLICT OF INTEREST. The parties agree that no employee of the
Autl1crity shull have :any perncnal or beneficial interest whatsoever in the
services or property descri bed herein . Englewood Fire agrees not lo hire or
contract for th, sr.rvic~~.ol any employee or officer of the Authority without
first obtaining the approval of the Authority. The /\uthority agrees not to
hire or contract for the services of any employee or officer of Englewood Fire
vr,thout !int obtaining 1//~,~~p,~val ofBnp.]ewood Fire .. , ..
,
XVlli, NO THIRD PARTY BENEFICIARY. It is expressly understood and
ag reed that enforceme t t of the ter m •• nd conditions of this Agreement, and
all rights of ac tion re l ting to such enforcement, shall be s trictly reserved
ro the Parties and not b ng contained in this Agreement shall give or allow any
such claim or right of ~ction by any othe r or third person . It i~ the express
inte ntion of the Parties \hat any person oU,er than a party to this Agreement
receiving services or· benefits under this Agreement shall be deemed to be an
inc idental beneficiary o~iy.
VENUE. GOVERNJNC' LAW . This Agreement is entered into and sha ll be
governed and construed according to U,e laws of the Stale of Colorado, wit~out
regard lo confiicts of'lal'J . ·For purposes of this Agreement, Englewo od Fire
hereby submits to th e' personal jurisdiction of courts situated in the City one
County of Denver , Stat~· of Co lorado , and waives any right it might Ii •e to
object lo the venue ·•of' ony proceeding at law or in equity, or il rn ·h
proceeding has been brqugnJ in an inconvenient forum .. ,
ASSIGNMENT. This Agreement shall be binding upon the 's uccessor and
assigns of each of t~e .P.•(lies hereto, except that neither party may as sign
any of its rights or obligati9ns hereunder, without the prior written consent ofU1e
other party. .. .. ,
m, NO DISCRIMlNATION IN EMPLOYMENT. In c~nnection with the
performance of work under this Agreement, the parties agree net to refuse to
hire, discharge, prom'ote or demote, or to discriminate in matters of
compensation against ~~y persoil otherwise qualified, solely because of race,
PageC of 9
•
•
•
•
co lor, relig ion, nati onal ori gin, gen~er, age, milit ary stat us , sex ual orientation,
marital status, or physical or mental disability .
~ NO WAIVER OF RIGHTS. In no eve nt sha ll perfo rm ance by eit her party
hereunder fol lowing any breach of one or more covenant s, provisions, or
co ndition s of th is Agreement by the olher party , constitute or be cons tru ed
to be a waiver by lhc non -b reaching party of any such breach or any default
whi ch may th en c,ist on the part of the other party . The performance when an y
such breach or default shall e,ist shali not impair or prejud ice any right or mmedy
avai lab le to such party with respect lo such breach or default. No assen t, expressed or
implied, to any breach of any one or more covc nnnts, provi sion s, or condition s of the
Agree ment shall be constn1ed as a waiver of any succeed ing or other breach,
XXHJ. PARAGRAl'H HEADING S. The captions and he ad in gs s et forth herein
--arc for co nv eni ence of reforc.ice only, and shall not be co nstrued so as to
define or limit the terms and provisions thereof.
XXJV. AGREEMENT AS COMPLETE INTEGRATION AND
--AMENDMENT. This docu ment , togeth er with any Ex hibits atta ched hereto ,
constitut es the full under standing of the partie s with resp ect to the subject
matter hereof, and a 1COTl1p 1Cte and exclusive state men t of the ten11 s of th eir
agreement; this AgrcenlO.nt"Supersedcs all prior written and oral agreement s
regarding the Guojcct'" matter hereof. No ierms, co ndition s ,
under standings or nglccfupnl s purporting to nmen d, 1,11odify, vary or waive the
terms of this Agrcemc·n't sha ll be binding unless made in 'w'riting nnd signed
by an authori zed represe ntative of each party . Any Exhib it to this Agreemcr,t
is hereby incorporatcd./nto nnd made part of this Agreem ent. In ca se of any
conOict betw ee n thi s 'Agr ec ment and any Exhibit, the terms of this Agreem ent
sha ll prevail over the Exhibit.
XXV. COUNTERPARTS OF THIS AGREEMENT. Thi s Agr ee ment shall c c
ex ecuted in two (2) co unterpa rts , eac h of which shall be deemed lo be an original of
this Agreeme nt .
XXVl. AUTHORl'•'Y EXECUTION OF AGRE~;MENT. Thi s Agre ement is c<press ly
subj ect to , and shall no.t be or become effective or binding on eit her party until
fully exec uted by 1111 signnlor ics of th e Auth ority und Englewood Fire .
IN WITNESS WHEREOF, th e purlics here to hnvc exec ute d thi s Agreement us of th e day
and yen r fir st ubov c wnttc n. '
CITY OF ENGLEWOOD ,
FIRE DEPARTMENT
Dy _________ _
Date :_=-~-----~-
James Wo odward
Ma yo r, City of !lnglewood
Page 9 of J
DENVER HEALTH AND
HO SPITAL AUTHORITY
Dy _________ _
Dale :
Patric ia A. Gnbflw, M.D.
ChiefExec utivc Officer
Co nlrn ct Co nt ml No . 09 -086 -NF
• COUNCIL COMMUNICATI ON
Date:
Jul y 6, 20 1~ I Agenrla Item:
. 11 a ii I
Sub ject:
Tri-County H ea lth D ep ar tment Grant
Initiated By:
Fir e D epartm ent I
Staff Source:
Micha el Pa llarozz i, Chief
COUNCll GOAL AND PREVIOU S COUNCI L ACTION
No pr evious Co unci l acli on has be en tak en.
RE CO MMENDED ACT ION
Staff recomm end s Co uncil ado pt a bill for an o rdi na nce 1ccep1i n g a Pa nd emic Preparedness Gran t
of up 10 $7500 to th e Ci ty o f En glew ood fr o m th e Tri-Cou nty H ealth D epa rtment.
BACKGROUND , ANALYS IS, AND ALTERNAT IVES ID ENTIFIED
• Th e fire D epa rtm ent rece ived an o ffer o f up to $7,500 fro m th e Tri-Co unty H ealth D ep artment.
Th ese uns o licited fu nds are av ai labl e to assist l ocal agencies such as th e En glew ood Fire
D epart ment wit h pa nd emi c prepa redness and res pons e ca r ac ity.
•
Th e Fir e Departm ent has id enti fi ed areas w here the use o f th ese funds woul d b e mos t effec ti ve to
ass ist with th at capaci ty, in cl udi ng EM S jackets that are res istant to bloo d-born e pa th oge ns, and
perso nal pr otec tion equi pment, such as ex am gloveli and por tabl e radi os.
FIN ANCI AL IM PACT
Th is L d on1:H 1111~ gr,rn t ,1 nd there is no ma tch req uire ir1 e nt. Tlw finan d al im pa ct wo ul d be a
red uction in xp ndi tures for needed eq uip men l
LI ST Of ATTACHMENTS
G r dill cover lett er
llill fo r an O rdi n ,111 ce
•
•
•
~Tri-County ~ Health Department
Ap ril JO, 2010
Mi ke Pat1 aro1.z 1
Chief
Englewoo d Fire Departm ent
J6 I 5 S Ela ti Street
Englewood, CO 80 I I 0
Dear Chi ef Pauaro zz i:
Tri -County ll ca lth Departm ent (fCHD) would like to co mm end yo u for yo ur cffons durin g th e 2009
HI NI Jnnucnza Pand cnu c TCI ID be li eves that rhi s is a tcstamcrH to th e pl ann ing and partn ers hips that
we have all establi shed n•·. -the yea rs. Ove r th e las l 8 month s, publi c health age ncies have recei ved
:1dditi onal funding vi a I !· L,1 rado Departm ent of I lcalth and En vironment ( DPI-IE) and th e Centers for
Diseas e Co ntrol and Pr, or · n (CO,.:). These fund s were in suppon of the 111 NI planning and response
efforts to di stribut e va cc i11 -... "' th e public . Since we have now completed our large mas s vaccin atio n
ca mpaign and the demand for va cc ine has dec reased, TCI-ID wou:d like le s up po rt our first responder
partn ers by offcrinr, some of the remaining all oca ted fund s to each agen cy wit 1in our jurisdi ction .
Th e runds available mu st be relmed to cnh rrn ci ng yo ur pandemi c planni ng and res ponse capacity .
Appro ved item s include : equipment (e.g., vaccine storage, redu nd ant co mmunic ation (radi os), etc .).
suppli es (e .g., personal protective equipm ent , fil testing equipment (port •a•cu unt), c1 c.) and pandemic
preparedness related literature and signage . Some items th al the fund s ca nn ot be used for include, but <ire
not limited to : in centive ilems, ventilators, constru ction , vehicles, or pa yin g staff for time alread y \VOrkcd .
TC) ID reco mmend s th at your agerh.y tak e til e time to ident ify what reso urces arc essential and lackin r, to
support a ruturc pandemi c re sponse. Upo n ident ificat io n of potential resource s, please fill out the dewded
pu rchase request , prov ided as Et:hibit A in th e Pand emi c Preparedne ss Grant Co nt r:ie t. We a lso ask for
yo u to submit a signed co ntract wi th yo ur requ es t by utili zin g th e attach ed Pandemi c Preparedn ess Grant
Co nt rac l 311d submit all doc um cnt ruion to Mi chel e Askenazi at maskenaz1fr1lu:hd.org to be revie wed and
app rove d. Upon appro val, your age ncy will rece ive fondin g to purcha se th ese it ems and itl\'ll ices mu st be
retumcd to Mi chele Askcna zi no lnlcr tlmn Jul y 18, 20 10. Age nci es c11n requ est up to $7,500 for the
above slated it ems. Th e s pendin g o r these fund s is time•sc nsit ive; th erefo re, TCI ID requ ires that you
suhm il yo ur purcha se requ est 110 la1 er than May 17, 2010 and upon app rova l. submit invoices by Jul y 18,
2010 .
PL EASE NOTE. TII E f-OLLO WI NG : Ir any chan ges arc made by the fed era l gove rnm ent rel ated 10 1he
11 1 NI r1111d111 g in the nex t 3 wee ks. we ma y be un ubh.: 10 fu lfill thi s obli gation .
If you hav e any qu es ti ons pl ease co nl ac t Mi chel e Ash :na zi, Direc tor of Emcrr ·nc y Prepared ness, ill
ma ~kc11a 1{!!ll chd mg or 303-846 -62 75. Thunk you fo r yo ur co nt inued supp o1
Sin cerel y,
Ri ehurd L. Vogt. MD
Exec uti ve Di rector
Tri -Count y I lealth Department
Sr>rvmg /Vlams. Arapahoo and Doug las Coun l10~ ,.. Richard L Vog t, MO, E11ecu live 01 roctor T www tchd org
7000 E Bc11cv1ew Ave. Suite 30 1 ., Groonwoorl V1U,1gc, CO 80 111 •1628 ,.. 303-220-9200
•
•
•
ORDI ANCE NO .
SER[ES OF 20 I 0
BY AUT HORITY
CO UNCIL BILL NO . 22
INTRODUCED BY CUU CIL
MEMB ER _____ _
A BILL FOR
AN ORDINANCE APPROVING ACCE PTAN CE OF TH E "2010 PANDEMI C
PREPAREDNESS GRANT CONTRA CT" BETWEEN TRI-COUNTY HEAi TH
DEPARTM ENT AND Tl-IE CITY OF ENGLEWOOD , CO LORADO .
WHEREAS, Tri-Coulll y Health Department received addi ti onal fundin g fr o1.1 the Co lornc\o
Department of Health and Environment (C DPHE) and the Centers for Di sease C, ntro\ and
Prevention (CDC) in support of the HIN I planning and respo 1se efforts to di st:1ou te vaccine to the
resi dent s in TCHD's juri sdicti on; and
WHEREAS , TCHD ho s co mpl eted the HI NI vacc in ati on campaign , an d as such would like to
support it s First Re spond er panners by offerin g so me of th e remaining allocated fund s to each Fi rs t
Respo nder within its jurisdicti on for enhancin g eac h First Responders pand emic planning and
response capacity ; and
WH EREAS. TCHD offered the Cit y up to $7 ,500, and th e City has identified areHs where th e
use o f th ese fund s would be mos t effective to assist with that capacit y;
NOW , THEREFORE , BE IT ORDAINED BY Tl·IE CITY COU NCIL OF THE CITY OF
ENGLEWOOD, CO LORADO. AS FOLLOW S:
Secti on I. The Cit y Co un cil of the Ci ty of Englewood, Co lorad o hereb y approves the
int ergovernmental agreement and accepts th e "2010 Pandemi c l'rcparcd ncss Gra nt Contract" from
Tn-Count y Hea lth Depaitmcnt , atlached hereto as Exhi bit I .
Secti on 2. The Ma yo r is au thori zed 10 exec ut e said inh.:rgovc mmcntal agrccm cnl regarding
the grant for and on behalf of th e Cit y of Jinglcwoocl .
Introd uced, read in [u ll , and passc-d on first rea ding on the 6t h da y o[ Jul y, 20 I 0
Pu blished as a Bill for an Ordinan ce in th e Cit y's offic,al ncw spapcr o11 th e 9'11 day of July, 20 10.
Pub li shed as a Dill for an Ordina nce on 1hc Cuy's offic ial webs it e bc gi, nin g on the 7th day of
July, 20 10 for thirt y (30) days .
Al TEST: James K. Woodward , Ma yor
Louc nsh ia A. Elli s. Cit y Clerk
1, Lou crishin A. Ellis , Cit y Cler k of the City of Englewood, Co lora~a, hereby certify that the •
above nnd fo rego ing is n true copy of a Bill for an Ordinance , introduced, read in full , and pass ed on
fir st reading on the 6th day of Jul y, 2010 .
Loucris hia A. Elli s
•
•
•
•
•
2010 PANDEMIC PREPAREDNESS GRANT CONTRACT
This 20 I G Pandemic Preparedness Grant Contra ' ("Agrcemcnt'1, is made effective as of
____ _, 2010 by and between the Tn-County Health Dcpartmcn~ hereinafter
refcrrcd lo as ''TCHD", and_ c1,, or •no1ewood ____, hereinafter referred lo as "First
Responder". TCHD and First Responder may each be referred to herein, individually, as
a ''Party'', or collectively, as ·"the Parties". The terms Party and Parties shall include their
respective sucoessors and assigns.
RECITALS.
WHEREAS, TCHD is the District Public Health Agency for the Counties of
Adam.1, Arapahoe and Douglas, Colorado ; and
WHEREAS, TCHD has received additi~naJ fundin g from the Colorado
Department of Health and Environment ("CDPW'") and the Centers for Disease
Control and Prev.entipn C'CDC") in support of the HlNl,planning and response
efforts lo distribute vaccine to the residents in TCHD's jurisdiction; and
WHEREAS, rc~);as completed the HlNI va~cina\j~n.cj!lllp!!)&Q. aqd as ~~cp •
TCHD would like to support its First Responder par!I)~J;,y off~rj_ng some of .the
remaining allocated funds to each First Responder ,v.ithin i~ jµrisdiction for
enhancing each First Responders pandemic planning_ and respon,~• capacity (the
"Grant'1 ; and
WHEREAS, First Responder bas submitted a Budget to TCIID for the use of the
proceeds of this Grant, which is attached hereto as Exhibit A, and inr.orporated
herein by reference.
NOW THEREllORE, in consideration of the foregoing premi ses and the covenants and
agreements hereinafter sei forth, TCHD and First Resp,mder agree as foll?ws:
I. G.-,mt Funds. TCHµ hereb y grants the amount of ._.'.'.'.'~': the "Grant
Funds'1 to First Responder,'to be usC(l to purchase supplies .to enhance First R,spondcr's
pandemic planning and response capacity . The payment of the Grant Funds shall be
made within thirty (30) days receipt of this executed Agrecmeht. The Grant Funds shall
be expended pursuant to the Budget attached hereto as ~hibit'A. ·. ".
2. Budget. TCHD has re·1icweri an,: approved the attached Budget su bmitted by
.f'irst Responder. Any items not approve<l for expenditure have been indicated on the
attached Budget. First Responder, at its discrotion and without a formal req uest, may
move up to ten percent of tho total Grant Funds across budget catogories lo implement
Serving Adams, Arapahoe and Douglas Countle 1 "' Rlchanl L. Vogl, MO, E'8CU1lvt, Dlreclo, ,-ww.tchd .0111
7000 E. BenovlewAve .. Suite 301 "' •;,eanwood Villnge, CO 80111 -1828 , ·303:220-9200
E
j(
f.
I
E
I
~
the Grant. Any expe nses in excess of th e Grant Funds sha!I be incurred at First
Responders so le cost and expense.
3. Receipts and Accounting . First Responder sha ll suhmit to TCI-L copies of all
receipts for the items purchased with the Grant Funds on or before July 18 , 2010. First
Responder agrees to maintain accurate and comp lete records of the expenditure of the
Grant Funds and aµr ~es that TCHD may conduct an nudil of such records at any tim e
reasonably requested by TCHD.
4. Tenninatio n. If First Responder sho uld fail to perfonn or be in breach of any of
the tenns, conditions, agreements, covenants, rep 1esenlalions or warranti es contained in
this Agreement , and such default is not cured for a period of 30 days after written notice
thereof has been given to First Respond er, TCHD , at its so le election, may immediately
tenninale this Agreement by ••ri tten notice tl1ereof to First Responder. In the event of
lennination under thi s Sec:io n 4, First Responder shal: reimburse TCHD for all unspent
fu nd s granted hereunder as of the tennination date.
(i) Notwith stan.ding the pro ,is ions of Section 4, TCHD may tenninatc the
Agree ment immediately and receive full reimbursemen t of the funds
gran ted .!wreunder in the e•1ent TCHD does not receive . copies of the
recei pts e_vi~pneipg the expendi ture of the Gr~nt Funds, as provided
herein. · · · ·
•' :• 1·-., •••• _,. •. ,
5. Non -Guarantee of Ailditional Support: Thi s Grant is "ccpt ed by First Responder
with the understanding that' TCHD is not ob li gated to provide any addi tio nal fi nancial
supp ort to Firr'. Responder, ~xpcpt as may be required by law .•
6. Govenunental Complianod: First Responder will cooperate . with TCHD in
suppl yi ng uddi ti 0:rnl infonn~tion lo TCHD, or in complying with any p,o,edures which
might be r,·o,cired by any govenunental ngency in order for TCHD 10 estab_li sh tlrnt it has
observed all requirement s of the law with respect to tl1is Grant.
7. Dispute Resolution: ·111 the event of any disput e arising out of thi s Agreement, the
parties shall use good faith ,efforts to resolve their differe nces ami cab ly prior to seeking
legal reco urse.
8. Liability and lnden;nifi catio n. First Respond er agrees, lo the full est extent
per mitt ed by law , to indemnify nnd hold harml ess TCHD agn inst all claims , damages,
liabilities, costs nnd expenses to the extent caused by negligent acts of First Responder in
connect ion witJ1 the Grnnt provided.under this Agreement.
9. Mi scc ll uncou s.
A. Notice. Any notice to be given hereunder ~y either Party to the other may
be effected in writing by personal delivery , ur by mail, certified wiln postnge
prepaid, or by overnight delivery service. No.ices sen t by mail or by an overnight
Page 2
•
•
•
•
•
•
delivery se:vice sha ll be add ressed lo !h e Parties at the addresses ap pearing
following their sig nat ures below , but eith,,r Party may change its address by
wri tten notice in acco rdance wit'1 thi s paragn.ph.
8. Assignm ent. Thi s A1;rccment is predi ca ted up on First Rc~~onders spec ial
abi liti es or knowledge, and Fi-st Responder shall not ass ign '.n is Agreem ent, in
whole or in part, wiU ,out th e prior written consen t ofTCHD .
C. Severabi lity. If any article, section, paragra ph, sente nce, clause or phrase
of thi s Agree,r ·nl is held to b•. un const ituti onal or inva lid for any reason, such
holdin g shall _,ot affect th e ,alidity, enforceability or cons titutionality of th e
remaini ng prov is ions of this Agree ment.
D. Governmental Immunity. The Parties acknowledge and ag ree tl1al
TCHD, its officers and employees, are re lying on, and do not waive or intend to
waiv e, by any provi sion of this Agruement, the mone tary limitati ons or any
other rights, inun~nities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S. 24-10-101 fil a£f!., as it is fro~ time to
lime amended. ,, t•, · .. ·
E. Entire Agreement. .,This Agreement conslill/tei; .. the entire -~gre~!"ent !llld
und erstanding bet\'(~~n ,. t~c . Parties and supersed,.& lllJY prio ( ag~ee!",~t or
understanding rcla\i,YJ,,.l9 ,th e, ~ubj eet matter of this Ag\Ol'!"ent. THERE ARE NO
ORAL AGREEMENTS CONCERNING THE SUBIBCT MATrER OF Tl-IlS
AGREEMENT.
F. Mod ifieati ~~'.,.)iis _Agreement may be modifi ~d or amended only by a
du ly authorized writte.n,in stmmen l exec uted by th e Parties hereto.
G. Waiver. The .fn.i .lure of either Party at any tim e .to requi re performanc e of
U1 e other Party offi!lY, provi sion ofU1is Agreement sha ll in no w_ay affect the right
of such Party th ercaf\_e, to .. enforce the same provision, nor shall the waiver by
ciU1 er Pnrty of any bf~ach of any provision i1ereof be taken or held to be a waiver
of any other or suh ~~,Q '-:1.~!lt breach, or us a waiver of the provi sion_ itself.
1-1 . Bindin A •rcemont. This Agreeme nt shall be effective ns of the date
hereof and sha ll be .. hiJ\di:ig opon and inuro to U1e benefit of,U1e , successor or
assi gn of eit her p .. Y..h~rc1-9_~·
r. Surv iva l. Ti1d:rlglits nnd ob li gat ions of the Pm1ies sha ll survive th e tcnn
of this Agreement to th e extent that any perfo nn nnce is req ui red under thi s
Agreeme nt aficr the exp iratio n or tcnnination of this Agrecmcnl.
J. Counterparts , . .' This Agreeme nt mny be executed in two or more
cou nterpm1s, each of whi ch shall be decme.:1 an original but all of which shall
together constilute 011e ~nd the sa ~,1e document.
Page 3
K. Governing Law . This agroement shall be governed by the law s of the state
of Co!orado.
IN WITNKSS WHEREOF, the Parti es have cau sed this 2010 Panc emic Prepa rednes s
Grant Contract to be exec uted by its duly authori zed representatives.
ITCHD:
I TRJ-COUNTY HEALTH DEPARTMENT
Signature Date
Name : __________ _
Title: __________ _
i•
Address: Tri-County Health Department
7000 East Belleview Avenue, Suite 301
Greenwood Vi:Iagq,,CQB0~I I
Attention: Exccutiv9,}ii,!",ipr, ·,
: 11 I \ ~ · _:,J
·1,J\.•,c:· ......
Page4
FffiST RF.Sl•ONDER:
CI'rY OF ENGLE WOOD
Signature Date
Name : James K . Woodward
Title: Mayor
Address: City of ,.Englewood
1000 Eng'ie wood Pkwy .
·Engle.wo?d.~:~co 80110
·! • , ...
•
•
•
• E~A •
20 IO Pandemic Preparedness Grant Contract
BUDGET
E ntity:En g lewood Fire Department_
P .,..,roved (to be
Justification for ,m pleted by
P~demic ~~f!D_L__
Item Quantity Description Preparedness Total Cost Yes No
Personal Protective 35 5 .11 R esponder Hi Vis S?,350.00
Equipment -EMS Parkas Prote~ personnel from
Jackets we:uher exposures,
provide visibility during
responses and provide
protection from blood
and body fluid borne
lnathegr.11S.
Personal Protecti ve ·-Protect personnel from
Equipment -Latex 16 boxes Microflex Ultra One latex blood and body fluid Sl44 .00 ·-
Gloves gloves con.tacL
·-
Total $7,494.00
•
•
•
COUNCIL COMM UN ICATION
Date : Age nd a Item : Subject:
Jul y 6, 20 10 11 a iii An Eme rge ncy Bill for an O rdinance am endin g
Neighborhood Stabilization Pr ogram Grant Budget
In itiated By : I Staff Source:
Community Development Departm ent Janet Grirnmell , Housing Finan ce Specia li st
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ci ty Council approved Resolution 34, Series o f 2009 on March 23, 2009 author izing th e
Community D eve lo pment Departm ent to file an application for Federal funding through th e
Neighborhood Stabilization Program (NSPl), Ordinance 37, Series of 2009 approved o n
September 21, 2009 au th o ri zing th e Neighborhood Stabili zation Program (NSP l ) Grant
Agreem ent, and Ordinance 49, Se ries of 2009 approved on November 2, 2009 authori zing th e
purchase of ten properti es in fulfillmen t o f the NSPI co ntrac t, and Re so lution 35, Series of 20 I 0
ap proving a transfer and supplemen tal appropriation of lo ng term asset reserve funds (L TAR) 10
fund improvements relat ed l o th e Federal Neighborhood Stabilization Program (NS Pl ) project.
RECOMMENDED ACTION
Slaff reco mm ends tha t Co un cil approve an emergency bill for an ordi nan ce auth oriz ing th e
execu tion of an amendmen t tc th e budge t o f the Neighborhood Stabili zation Program grant in the
amount o f $500,000 ,md auth o ri zi ng th e purchase o f up l o three add iti o nal unid entified bank-
owned foreclosed sin gle family resid ences. This emerge ncy ordi, ,an ce is necessary due l o th e
funding o bligation d ea dline of Sep tember 1(', 2C10 imposed by th e Federa l H ous ing and Econo mic
Recovery Ac t of 2008 (HERA ). Failure 10 o bligate th ese fund s by that deadlin e could res ult in th e
loss o f th ese additi o na l funds, loss of fun ds alreac 'y o bliga ted, as well as p enalti es as d efin ed in th e
Act.
BACKGROUND, ANALYS IS, AND ALTERNATIVES IDENTIF IED
In 2008, the Federal governm 11 1 passed th e H o usi ng and Eco no mi c Re covery Acl (H ERA), th e first
new le~i°'l"ti on in a ge nerati on for housi ng and eco nomi c deve lopm ent. HERA appropriated $3.92
billi o n k, th e N eighborhood Stabiliza ti o n Program (NSP I ) 10 suppo rt th e acqui si ti o n, rehabili tation,
o r d~molilion of foreclosed and aba ndoned properti es. Th e State of Co lorado received a to tal $53
million in NSPl funds of whi ch $37.9 is d irec tl y admi ni stered by th e Stal e.
On M arch 30, 2009, th e Community D evelopment D epartment submitted an app li ca ti o n 10 th e
Colo rado D epartment of Local Affairs, Div isio n of Housing for NSP I fu ndin g fo r Pr oject Rebuild.
Pr njecl Rebuild w ill purchas e and re habilitate aba ndoned o r fo reclos ed single-family proper ti es in
th e City's ten eli gible census trac ts .
The State Housin g Board approv ed th e Projec t Rebuild NSPl a ppli ca ti on on Ju ly 14, 2009. The •
Boa rd awa rd ed th e City $1 ,253 ,379.
Key NSP requ ir ements include :
NSP funds must be ex pend ed within 16 month s of th e date th e Stale rece ive d funding
(March 2009).
A multi-y ea r reinves tm en t period with a term ending March 10, 20 13.
Hous ehc,lds pur chasing prop erti es must und ergo a minimum of eight hours of HUD-
app roved hom eow nership co uns elin g.
• 100% of all fund s shall be us ed lo serve families whose in co me do es not exceed 1 20% of
Are a Media n In co me (AM I).
• 25% of all funds shall be us ed 10 serve familie s whose in co me does not exceed 50% of
AMI.
• Rehabili tati on Stand ard s must be es tablis l·ed (minimum of Housin g Quality Standards and
local co des, wi th gr ee n building and energy and wa ter effi cie ncy enco ur age d).
Sa le pri ces of abandon ed or foreclos ed homes purcha sed or redeve loped and so ld to
indi vi duals , as a primary resi dence, shall be equal lo or less than th e cost lo acq uire and
redeve lop the hom e.
• Purcha se pri ces of homes ca n inclu de closing co sts .
App raisals are required on all acqui siti ons ll sin g NSPl funds .
Forecl osed homes shall be pu rchased al a dis co unt of J I leas t 1 % from the curr ent mark et-
appraised va lu e. •
• Administrativ e fees up 10 2% for , on-Di rec t and reaso nab le deve loper fees 10 ope rate th e
NSP l prog•a m arc allowed .
The Colorado Di visio n of Housin g (DOH ) has requ es ted th at Commun ity Deve lopm ent Housing
staff provide a prop ose d revised NSPl budg et detailin g how addi tiona l NSP l fund s co llld be
utilized befo re program funding obligati on dead lin e. Th e HERA bill th at all th ori ze d NS Pl reqci res
that all DOH fund s be ob ligat ed by Se pt emb er 10, 20 10. Thi s rev ised bud get was requ es ted by
DOH in anti ci pa ti on of redislribllt ing lln spenl NSPI fllnds in ea rl y )lll y.
DOH has co mmiu ed an addi ti onal $500,000 fo r prop erly ac qui si tio n. This amou nt will cove r the
cos t of pur chas ing thr ee more hank owne d for eclosed he mes. To dat e, Projec t Reb uild has
acquire d eight singl e-family va ant for eclose d prop erti es loca ted in the eli gibl e census tncts \\1 th
two mo re un der co ntr act. Re hab is alm os t co mpl ete on th e first th ree prope rti es wi th work to star t
on th e nex t two by early iu ly. The curr ent NSP i pr ojec t call ed for the acqu isiti on, rehab, and sa le
of ten ( I 0) foreclos ed single-famil y prop erti es . This now ca n be increase d up 10 a total of 1hrr1cen
(13 ) prop ert ies . Thi s additi onal funding wil l increase th e total Proj ec t Re build budget lo
$1,752,379.
FINANCI AL 1\.I PACT
Ex isting Communi ty Deve lopm ent staff ha s the requir ed ex pert ise to acq uir e fo reclosed pr oper ti es,
prov id e rehabil:t, ,· ,n, and se ll th e pr operti es lo eli gib le bu yers. As approved by Co un cil , City fu r ,d s •
will be us ed 10 cove r th e rehab cos ts of each prope rl y. All other ex penses will be cove red by th e
•
•
•
NSP 1 gran t. All City fund~ will be reimbursed through ihe sa le of th ese properties. In additi on,
app roxi mately $40,000 will be reimbursed to th e Gen eral Fund for administrative and general
project costs.
UST OF ATTACHMENTS
Eme rg ency Bill for an Ordinance
•
•
•
ORDINA NCE NO
SE RJE S OF 20 10
BY AUTH ORITY
COUNCIL BILI. NO. 23
INTR ODU CE D BY COUN CIL
MEMB ER _____ _
A BIL L FOR
AN ORDINAN CE AMENDING A STAT E OF CO LORADO DEPARTM ENT OF LOCA L
AFFAIR S !'<EIGHBORH OO D STABILI ZAT ION PR OG RAM (N SPI) GR.ANT BUDGET AN D
DEC LARI NG AN EM ERGE NCY.
WH EREAS , th e Housin g and Eco nomi c Recovery Ac t (H ER A) app ro1,:ia1 ed $3 .92 billi on fo r
th e Ne ighborhood S1abili 1111ion Pro~rmn (NS PI) 10 support tl1e acqui siti on , rehabi li tati on, or
demoliti on of for cc lor:cd and aband oned pro perti es; and
WHEREAS , th e Cit y Coun cil oflhe City of Englewoo d, Colorad o authorized th e City's
app li cati on for Federal fundin g throu gh the Neigh bo rhood Stabili za tion Pro gram ,NSP I) by th e
pnss a~o cf Resoluti on 34, Series of 2009; and
WHEREAS, th e Co lorad o St ate Housin g Board approved the Projec t Re build NSP I appli ca ti on
on Jul y 14 , 2009 and awarded the Cit y orEnglewood $1 ,2 53,379: an d
WHEREAS, th e Cit y Co uncil of th e Cit y of En glewoo d, Co lorado authori zed th e execution of
an intcrgovc.mm en tal co ntra ct fo r Nei ghborh oo d Stabili zati on Pro gra m grant fundin g between the
Co lorad o r ep artmen t of Local Affairs and th e Cit y of Engl ewo od , Co lorad o by th e pa ss age of
Ordi na nce No . 37, Series of 20 09; and
WH EREAS, Projc.-c t lkbuild wi ll purchase and rehabili tate aba ndo ned or fo reclos ed sin glc-
li:1111i ly propert ies in Englewood's ten el igibl e census Lra cts; and
WH EREAS . the Cit y Coun cil of the Ci ty of Englewood auth ori zed the acqui siti on of te n (Hl)
singlc-fo 111 1ly va cant fore clos ed pro pcnics located in th e ten ( I 0) eli gible ce nsus tra cts by
Ordinan ce No. 49, Ser ies or 2009 ; and
WI I EREAS, the add it iona l NSPI grant fundi ng from the Co lorado IJ cp:irt.m cnl of 1,oc al Affa irs,
Division of" I-l ousin g will all ow fo r the acqui sition of up to th ree (3) add iti onnl single-fa mi ly vacan t
t'orec l~>.icd pro perti es :
NO W, Tll EREFORE, BE IT ORDA IN El, UY Tll E IT Y COUN CIL OF T llE CITY OF
lcNGLEW OOD . COLORAD O, AS FO LLOWS:
Section I. An emergency is hereby declared requiring immediate passage of this Ordinance
by ,eas o,. ,f the September I 0, lO IO funding obl igation deadline imposed on all recip ients of
these fund s by the federal Housing nnd Eco nomic Re,-,o very Act of 2008. Failure to obligate
these fund s by that dea dline could result in the loss of these additional funds, loss of funds
alread y obligated , as well as penalties as defi ned in the Act. Acconiingly, the City Counci l find s
and determi nes that an emergency exists and that the passa ge of this Ordinance is necessa ry for
!he immediate preservation of publi c property, health , peace , and sa fely , and said Ord inance shall
be effective upon its final passage.
~:vn 2. The Mayor is authorized lo execute the lnl crgovemmcnlal Grant Agreement
attached as" Attachment I " for and on behalf of th e City of Englewood, Col orado.
Sr<:tion 3. Pursuant lo Artic le V, Section 40, of the Englewood Home Rul e Charter, the City
Council has determined that Attachment 1, attached to thi s Ordinance, shall not be publi shed
because of its size . A co py is available in the office of th e Englewood City Clerk
introduced , read in full as an Emergency Bill for an Ordinance and pass ed on first reading on
the 6th day of July , 2010 .
Published as an Emergency Bill for an Ordinance in the Ci ty's offi cial newspaper on the 9• day of
•
July, 2010 . ,
Published as an Emergency Bill for an Ordinwice or. the Cit y's offt ci11l website beginning on the •
7th day of July, 201 0 fo r thirty (30) days .
James K. Woodward, Mayor
ATrEST :
Loucri shia A. Elli s, Cit y Clerk
I, Louc ri shi a A. Elli s, Cit y Clerk of th e Ci ty of Englewood, Co lorado, hereb y certify tlml the
above nnd foregoi ng is a true copy ofan Emergency Bill for an Ordi nance, in troou ccd, read in full ,
and passed on fi rst rendin g on the 6th day of Jul y, 20 10.
Lou r,c ishin A. Elli s
•
CONTRACT AMENDM ENT
Ori ginal Con tra ct CMS # 64 88
Amendment CMS #
Encumb ra nce # H0NSP09308
1) PP.RT IES
Th is Amendment to th e above-refe re nced Origin?I Co ntract (herei nafte r ca ll ed lhe Contract) is
entured into by and between City o f Eng lewood (hereinafter ca lled "Contra cto r"), and th e ST ATE OF
COLORADO (he reinafter ca ll ed th e "Sta te") acting by and through th e Department of Local Affairs ,
Di vis io n of Housing, (hereir.after ca ll ed th e "CDOH").
2) EFFEC T IVE DA TE A ND EN1'0 RCEABILITY
Thi s Amendment sh a ll not be effective o r enforceable until it is ap proved and signed by the Colorado
State Controller or designae (hereina fter ca ll ed the "Effecti ve Date"). Th e State sha ll no t b e liable to
pay or reimburse Contra :tor for any performance here under including, but not limited to , costs or
ex pen ses incurred , o r be ~ou nd by any provision hereof pri or to the Effec tive D ate.
3) FACT UAL R ECI TALS
Th e Pa rti es entered into th e Contract for/to purchase , rehabili tate and resa le of 13 hom eowne rshi p
units.
4) CONSIDERATION-COLORADO SP ECIAL PROVISIONS
Th e Parties acknowledge that th e mutual promises and covenants contained he re in and other good
a nd va luable co nsideration are suffi cie nt and adequate to su ppo rt thi s Amendment. The Parti es ag ree
to replacing th e C:olorado Special Prov isions with the most recent version (if such have been updated
since th e Contract and any modifica tion th ereto were effe ctive) a s part con sideration for th is
Amendment.
5) LIMI TS OF EFF .'CT
H ds Am e ndment is in corp o rated by refe re nce in to th e Contract, and the Co ntract and a ll prior
a mendme nt s thereto, if any , remain in full fo rce a nd effect except as speci fically modified herei n .
6) MODI F ICATIONS.
The A mend ment and all prior amendments th e reto , if a ny, are modified as fo llows:
A §9. of Contract. Payments lo Gran tee, is revised lo read :
"Gran~ee shall be paid in th e foll owi ng amo unts and manners, subjec t to ret urn of any unexpended Grant
Funds :
A. Maxi mum Amount
The maximum amount paya bl e under th is Grant to Gran tee by th e Department shall be $1 753 379 .00 , as
determined by tho Departmen t from availab le fund 1.. The Department shall reimburse Grantee for co sts
ap proved in th e Grant budget, set forth in Exhibit B. Sa tisfactory performance under th e term s of thi s
Grant shall be a condit ion precedent to the Department 's obligation lo reimburse Gran tee . The maximum
amount of Gran t Funds payable as reimbursem ent under this Grant. and any ex ten sion here of, shall
include al.I Gran tee 's fees, cos ts and expe nse s."
8 . §1 . 1 of Exhibit B, Project De scription, is revised to :
'The Ci ty of Engl ewood has been awarded an NSP grant in th e aInount of $1 ,753 ,3 79.00 lo purcha se,
rehabi litate, and resale 13 ho meownership units . These units wit be sold to households wi th in co mes at
or below'120 % of Area Median In come (AMI ). This Project will benefit the State by stabilizing communitie s
th rough th e purchase, rehab illla lion and sa le or abandoned or foreclos ed properties. The units will be
loca ted within a Division of Hou sing (DO H) designated census block group(s) serving one of th e areas or
greatest ne ed within the State . 30% of the se fund s wi ll serve household s with incomes al or below 50% of
AMI. The properties wi ll be pu rch ased for an average di scou nt of al least 1 % from li1e appraised val ue.
Homes will be rehabilit ated to meet cu rr en t local cude and will use En erg y Star appliances and upg rades
Page 1 or 4
Elfochvo Dale 6/9109
~ ~
and will be sold for no more than the cost of th e purchase and rehabllltatlon . A minimum of eight (8) hours
of home buyer counseling will be provided to the potential home buyers through lh ls activity . The '.lty of
Englewood may need to leave a portion of the NSP funding In the property as e soft second fort~., home • buyer. In Instances where NSP funding remains In the home after sale to the homeowner, the epproprl:Jta
affordability period and recapture provisions will bs Inc luded In the loan documents . This activity qualifies
under 24 CFR 570 .202 and 570 .201 (a)."
C. §5 of Exhibit B, Payment Is revised to read :
"Payments shall be made In accordance with the provisions set fortll In §9 of the Grant.
Paymeat Schedule . Grantee shell disburse Grant Funds received from the Slate within fifteen days of
receipt. Excess funds shall be returned lo the Department.
Pa"""'nt Amount
Interim Payment(•) $1,752,379.00 Paid upon receipt cf actual expense documentation
and written requests from the Grantee for
reimbursement of eligible approved program activttles.
Final Payment $1,000.00 Paid upon substantial completion of the Proj8CI ,
pr6vlded that the Grantee has submitted, and the
Deoartment has acceoled all reaulred reoorts.
Total s 1 753 379 .00
D. §7. of Exhlbtt B, Project Budget, Is revised to read:
"
l·r .. J 'p I F ., ,1,,, 1r,":l 1ojl~;1~i'11 •I ,. 1•ll i'.]_1il1,r,l'l-:_:-1'i,"7 -
PmMrtv Acauialtion S1 603 500.00 S1 303 500 .00 S300000.00 Devalnnar
Anntalsals $4 550 .00 S4 550.00 Salas Proceeds
Pr="" ln•=Uon / Estimates SJ 900 .00 S3 900 .00 Develooer ..
Bulldlno Permits end Fees $19 500 .00 $19 500.00 Develooer -
Rehabllltatloo S650 000 .00 $650 000.00 Devalooer
Reha bilitation Conlincencv $65 000.00 $65000,00 Develooer
P e-Pu11:hese Counseling $3 250 .00 $3 250 .00 Sales Proce.ids
Property carrying Costs $1 8 000 .00 $18000 .00 Sales Procee. 1s
Financing Faes $55 000,00 $55000,00 Sales Procaeo.1
Marketing $130 000 .00 $130 ,000 .00 Sales Proceeds
Laoal $10 000 ,00 $10 000.00 Sales Proceed s
Develooor Fae $408 500 ,00 $4085M .OO
Prolect Delivery Cools $55 379.00 $5 379 ,0~ $50 000,00 Sales Proceeds
Start UP Costs $6 000,00 $6 000 ,00 Sales Proceeds
Other Proiect Activ~v Costs $100 000 ,00 $100 '100 .00 Sales Prt ceeds
NSP Administration $100000 ,00 $350 000,00 $65 000 ,00 Sales Proceeds
CDOH Final Pavment $1 000 .00 $1 000 ,00
Total $3 ,233 ,579.00 $1,753,379.00 $1 ,480,200.00
"
E. §8.1 . 1 NSP Assisted Un it Identification , Is revised lo reed :
"Grantee shell designate 11.lmll!ll.M NSP-asslsted units . The units shell be made up of ll•three bedroom . As
theea units will be floating units over the period of affordability, as described In §8 .1.3 below , Grantee shell •
ensure that the designated units will be comparable In tenns cf size, features , and number of bedrooms to the
origln elty des ignated NSP units ."
I Page 2 of 4
Effective Date : 6191091
F. §8 .5 of Exhib it B, Renta l Proje ct Eligible Ben e.1claries, is revi sed to read :
"Grantee shall insure tha t ll housing units shall be occupied by LMMI hou seholds whose income does no t
exceed the follow ing :
Number of
Type of Units Units Maximum Income for a four-person family"
NSP-Ass ls ted Units
I
(5) single family un its 5 ~50% AMI ($37,950)
(8) single family unil s 8 ~120% AM I ($91,080)
~ 13
7) START DATE
Th is Amendm en t shall ta ke effe ct on the later of its Effective Dale or Ju ly 15, 20 10 .
8) ORDER OF PRECEDENCE
Except for the Special Pro ~:sions , in th e eve nt of any co nfli ct, in co nsis tency , variance , or con trad iction
be tween th e: r,rovisions of this Amendmen t and any of the pro visio ns of the Co ntract, th e provisions ot
this Amendment shall in all respects superse de , govern , an d co nt rol. Th e mo st recent ve rsio n of the
Spe cial Provisic,ns in cor pora ted into th e Contra ct or any amendm ent shall always con trol other
provisions in th ~ Contract or any amendme nt s.
Page 3 or 4
Effechve Dato 6/9(09 1
-
9) AVAILABLE FUNDS
Fina ncial obligati ons of lhe st ale payable after th e cu rrent fi sca l yea r are c ontingent upon fund s fo r 4 that purpose being app ro priated , budge ted , or oth erwise made avai lab le .
THF. PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
• Person s signi ng for Contractor hereby swear and affirm that they are authorized to act on Contractor's
~ehalf and acknowoedge that the State Is relying on the ir representations to th at effect.
CONTRAC TOR STATE OF C('ILORADO
City of Englewood BIii Ritter, Jr. GOVERNOR
Department of Local Affairs
By: James K. Woodward
Tille: Ma"~r
ll y:
Susa n E. Ki rkpatrick , Executive Direc tor
"S ignature
PR E-A PPR OVED FORM CO NTRACT REVIEWER
By: 11
Alison A. Geo rge , Housing Pro grams Manager
ALL CONTRACT§ REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30 -2 02 requires the St ate Controller to approve all State Contracts , This Contract Is not valid until
si gned an d dated below by the State Controller or dele gate. Contractor Is not authorized to begin
performance until such time . If Contractor b egi ns performing prior thereto , the State of Colorado Is not
obllqated to pay Contractor for such rerformance or for anv aood s and/or services provided hereun de r.
STAT E CONTROLLER
David J . McD ermott , CPA
By : ___ ----------· -----------
Barbara tv1 . Casey , Con lrollcr Delegate
Dat e:
41
L Page 4 of 4
Effective Dato . 6/9/09 1
-
•
•
•
CO UNC IL COMM UNICATION
Dat e: Age nd a It em: Subj ect:
Jul y 6, 20 10 11 a iv An Emergency Bill for an Ordinance fo r th e Lease
Purchase o f En ergy-SJv ing Equipment for th e City
of Engl ewood
Initiat ed By: I Staff Sour ce:
Fin ance and Adm ini strative Se rvices Department Frank Gryglewicz, Direc to r
COUNCIL GOAL AND PREV IOUS COUNCIL ACTION
City Council ha s dis cusse d energy c onserva ti on and "green" projec ts 1lt11n e ruu s times in th e pttst .
Co uncil ha s discussed th e projects identified for lease at Study Seasor. with staff and represe ntati ves
of Ameresco.
Council approved a m oti on approvi ng an Energy Perform ance Agreem ent with Ameresco Jun e 21 1
20 10.
RECOMMENDED ACT ION
Staff recommen ds Ci ty Council approve the a tt ac herl emergen cy bill fo r an o rdlnance authorizing
and approving lease-p urcha se financing for th e fundi ng of energy conservat io n meas ures which are
ex pected to reduce energy consumption will sav n 1-'nough money to pay th e annua l lease
payments.
BAC KGRO UND, ANALY SIS, AND ALTERNATIVE S IDENT IFIED
Counci l <1ncl City staff ha ve id entified energy conserva tio n and "gre"n" proj ects numero us tim es as
a w ay to redu ce energy use and ex p enditures . The City SPl ec tecl Ameresco to rev iew, audi t, and
recommend equipment ,1nd o th er c hanges that will furth er th e goa l o f reducing energy
consumption and p rov ide for m o re sus taina b le energy savi ng pro jec l l',, .Am eresco id entified energ y
Lonserva ti on measures for elrven public Ci ty buildings that w ill lower th e use o f g,1s, elec tricity, and
\<\1ater by al leas t :m p erce nt.
The p rojec ts id enti fied for lea~in B .ire spre.id o ut over eleve n bu ildings w hich m ake l hcm diffi , uh to
id entify and use a~ cullatcral so th e C itv's bo nd all orn cy and invcs tm r nt ,1 dv isor requ es ted th e City
substit ute another City ass et as collateral. Th e ,i,set w ill he l,•ased b,,ck to th e City. Th e asse t will
b e identified in th e le,ise document. Al th@gh thi s places th o substitut e coll ateral at so m e risk, it is
highly unlik ely th e ily will default on thi s ob~iga ti o n as th e .)avi ngs fr om th e projec t a.r e guarantee d
to redu ce ex p enditu res in an amoun t th at will pa.y th e lease pay m ents.
Th e Cit y ap plie<! for and rece ive d no tifi c:\ti o n of an award fr o m th e Gove rnor 's En ergy Office of
volume cap al(oca ti o,~ .or th t! is suan ce o f "qualified en er5y coPserva ti on b o nds (QECtJs). Thi s
all o:ati on p rovides a federal subs id y for a signifi ca nt µorti on of th e int eres t costs relating to the
lease-purchase authori ze d by this ordi nance .
The City received a proposal from Shockey, Erl ey and Company for th e p rivate placement of th e
lease-pu rchas e financing, an d Stifel, Nicolaus and Company is acting as financial advisor to th e City
in thi s matter.
Th e am o unt of the lease-p urchase is ca pped at $1,500,000, an nual payments are ca p ped at
$1 75,000, th e t erm will not exceed six tee n (16 ) years, and th e interes t rate w ill not excee d eight
percent. City staff b eli eves th e ac tu al amo unt of th e project will be $1, ~04,428 less utility reba tes of
$117,989 for a ne t cos t o f $1,286,439. The ac tual term of th e lease is expected to b e t1ft ee n (15)
yea rs and th e actu al interes t rate w ill be less than eight p ercent.
Th is emerg ency bill for an o rdinance also d esigna tes the Lease Documents as a "Qualifi ed En ergy
Conservation Bo nd" in rega rds to Sec ti on 54 D of th e Intern al Reve nu e Code.
This bill is prese nted to City Co uncil as an emergency to protect th e City against unexpected
intere st rate changes. Th e City expects to close o n th is lease by Jul y 23 , 2010. Moving th e closing
up w ill in sure e stimated inte1est rat es are preserved at th eir relati ve ly low leve ls. Th e project Is
ex p ec ted to take approximately 14 m on th s 1-1 complete.
FINANCI AL IMPACT
Thi s ac ti o n sho uld be "bu dget neutral " as th e annu al savings fr o m im plementin g the e nergy saving
p rojection sho uld cover th e cos t of an nu al lease pa ym ents .
LIST OF ATTACHMENTS
Pr oposed ~m ergency Bill fo r an Ordinan ce
•
•
•
•
•
•
ORDlNANCE NO .
SERJES OF 20 I 0
BY AUTHORJTY
A BILL FOR
COUNCIL BIL L NO. d
lNTRO DU CED BY COUNC IL
MEMBER _____ _
AN ORDINANCE OF TH E CITY OF ENGLEW OO D AUTHORJ ZING
AN D APPROVING A LEASE-PURCHASE FINANCING FO R THE
FUNDING OF ENERG Y CONSE RVAT ION MEAS URES EXPECTED
TO RE DU C"'. ENERG Y CONSUMPTION AND RESULT 1N COST
SAVING S TO THE CITY, AND DECLARING AN EMERGENCY .
WHEREAS , the City of Englewood, Co lorado (th e "C ity"), is a home rul e muni cipPlity
of the State of Co lorado (th e "State") dul y organ ized and operatin g under th e Home Rul e Charter
of the City (th e "Chart er") and the co nstitution and laws of th e State; and
WHEREAS , pursuant to Secti on 1 of the Chart er, the Cit y Council of the City (the
"Co uncil ") has all municipal leg islati ve powe rs as conferred by genera l law, except as provi ded
by the r:hart er; and
WHEREAS, U1e Co un cil has, by se parate Co unci l ac ti on, authori zed and approved th e
execut ion of an Energy Performan ce Co ntract (th e "E PC") betwe en the C ity and Am eresco, In c.
(U1e "Co ntra ctor"), purs uant to which the Co ntrac tor is to se ll , in stall and se rvice certai n ener gy
efficie ncy equipm ent of a specified type or class desc ri bed in th e EPC and provid e other se rvi ces
(co ll ecti ve ly, the "Energy Co nserva ti on Meas ures"), for th e purp os e of achieving utilit y cost
reducti ons and guarant eed energ y sa vin gs e.it as more spec ifi ca ll y set forth in the EPC: and
WHEREA S, U,e Energy Co nse rv ati on ~!ens ures lo be made to various publi c bui ldin gs
of th e Cit y wi ll lower th e electr ical , natura l gas ,ind wat er usage in the building s and will cre at e a
cm,t suv in gs to th e City which is guaranteed l·y the Co ntrac tor as more s pecifi call y se t fort h in
th e EPC; an d
WH EREAS , purs uant lo th e Chm1or and Secti on 31-15-10 1 of th e Colora do Rev ised
'l lnt•1tcs, U,c Ci ty has th e power to ac:1ui re, hold, leusc an d di spose of propert y, botl, re al and
personal, an d th e Cou ncil des ires to spread th e cos t of th e ca pital imp rovements set forU, in the
EP C over a period 110 1 tu exceed seve nteen years; and
WHE REAS, clu e to va ri ed locati ons and nature of the Ene rgy Co nservation Mea sures, 11
alternati ve asse t of the City is to be sub stitut ed ns th e cap ital asse t (the "Lease d Propert y") whi ch
is to be leased by th e Cit y, th e va lue of suc h asset being approximate ly eq ual to the amount
neces sa ry to fin ance the EPC and related cos ts, all as more specifi ca ll y se t forth in th e Lease
Documents (defined herea fi er); and
WHEREAS, the City has app.i• c fo r, and received notification of award from the •
Governor's Energy Office, of volume • .-r, allocation for the issuance of "qualified energy
conservation bonds" (also known as "QEl 'c<s'1, which allocation will result in a federal subsidy
for a significant portion of the interest cc ., s re lating to the lease-purchase financing authorired
pursuant to this Ordinance; and ·
WHEREAS, the City has received a proposal from Hutchinson , Shockey, Erley & Co. for
the private placement of the lease-purchase financing and Stifel , Nicolaus & Company ,
Incorporated is acting as finaucial advisor to the City ; and
WHEREAS, the City intends to enter into a lcJSe agreement, pursuant to which the Lease
Property is to leased to a third-party for a lump-sum rental payment to be used to finance the
EPC .... ' related costs, and a fin1111cing lease, pursuant to which the City intends to lease back the
Leased Property (such lease agreement, financing lease and ancillary documents and certificates
referred to as the "Lease Do cuments"); and
WHEREAS, pursuant to the Lease Documents, copies of which have been reviewed by
City staff and made available to Council, the detai ls of the financing are fully set forth, and the
financial obligation of the City under the Lease Documents shall constitute currently budgeted
expenditures of the City which are expected to be offset by the savings rt:alired by the City from
the Energy Conservation Measures ; and
WHEREAS , the Council is desirous of financing the Energy Conservation Measures; •
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO , AS FOLLOWS:
Section 1. Approval of Lease Purchase Terms. The City Council hereby approves the
lease-purchase of the Le.!.!ed Property for the amount not to exceed S 1,500,000 , with aggregate
annual payments not to exceed $175,000 over annual terms which shall not exceed sixteen
calendar years . The City Council hereby delegates to the Mayor, or in the absence thereof, the
Mayor Pro Tern, the authority to determine the net effective rate for the lease-purchases, which
rate shall not be in excess of8.0% per annum and the final terms of the Lease Doc uments .
Section 2. Approv s.l of Lease Documents. The Lease Documents , in substantially the
form and with substantially the content presented to the City, are in all respects approved,
authorired and confirmed.
Section 3. Execution and Delivery of Documents . The Mayor or, in the absence
thereof, the Mayor Pro Tern is hereby authorired and directed to execute the Lease Documents ,
and the signature of the Mayor or Mayor Pro Tern shall conclusively determine liCCeptance of the
final form and content of the Lease Documents and the valid execution of the Lease Documents
by the City . Additionally, the Mayor, other of!"<r ,.tis and employees of the City are hereby
authorized and directed to execute and deliver for , ~,n on behalf of the City any and all additional
agreements , certificates, documents and other pap ~ . :in d to perform all other acts that they may
deem necessary or appropriate in order to implement and carry out the financing authorired and •
contemplated by thi s Ordinance , including but not lim ited to an Intem RI Reve nue Service Fonn
8038 -TC.
41J5-Vi l ◄Ol6.3 2
•
•
•
Section 4. Designation of Lcn sc -Pur chn sc Finundng us a "Qunlificd Energy
Co nse n 'ntio n Bond ". The Cit y hereby elects to design ate th e ~eas e Documents as a "Q ualifi ed
Energy Con servati on Bond " wi thi n the mea ning of Secti on 54D of th e In ternal Revenue Code of
I 986, as am end ed.
Sec ti on S. Decl aration s and Findin gs. Th e Cit y Council hereby detennin es and
declares that the respectiv e renta l pay ment s und er the Lease Document s (t he "Ren tal Payments")
repre sent the fa ir va lue of the use of th e Lea sed Prope rl y, and th at the Purchase Price (as defined
in th e Lease Document s} re pre sent s the fair purchase pr ice of th e Lea sed Property . The Ci ty
ou nci l hereby detenn ines and dec lare s th at the Re nt al Pa yments do not exceed a re aso nab le
amount so as to place the Ci ty und er an eco nc,mi c or pract ica l co mpul sion to ap prop riat e moneys
to make payment s und er the Lease Documents or to exe rci se it s optio n to pu rchase the Leased
Property pursuant to the Lease Docume nts. In mak in g such dctcm1ination s, th e City Co un cil has
given co nsid era ti on to the c urrent mark et va lu e of th e Leased Prope rt y, th e cos t of acq uir ing th e
Leased Property, the optim. of the Ci ty to purchase th e Le as ed Prop y, and th e expected
eventu al vest in g of full tit le lo the Leased Property in tl1e City. The City Co uncil hereby
detem1ines and dec lares that th e durati on of th e Lease Documents, incl udin g all opti onal renewa l
terms, authorized und er thi s Ord inan ce , does not excee d th e weighted average usefu l li fe of tl1 e
Leased Prope rt y. Thr '::ity has received an all ocatio n from the Stale du rin g the current ca lendar
year of au ,i1 on za tion to issue Qualified Energy Co nservat ioi, Bonds in an amou nt equa l to not
less tlinn th e aggregate prin cipal arnount authori zed pursuant to this Ordinance , and has not
previously iss ued any bonds or oth er ob li gat ions purs•J ant to such au th ori za tio n. The City
Council hereby determi nes and dec lares that 100% of tl1 e ava il ab le proceeds und er th e lease
fin anc in g auth ori zed herein are to be used for the Ener gy Co nse rvatio n Meas ure s and related
cos ts, whi cn are a qual ified conservu ti on purpose .
Se ction 6. Obligations of the City . No pro vision of tl1i s Ordin ance or the Lease
Doc ument s shall be con stru ed as creat in g or cons tituting a general obligat ion or a multiple -fi scal
yea r direct or in direc t ind eb ted ness or ot her finan cial obli gat ion whatsoever of the Cit y nor a
manda tory payme nt ob li gat ion of the Cit y in any ensu in g fi sca l year beyo nd any fi sc al year
during wh ich th e Lea se Documents shu ll be in effect.
Section 7. Ratification of l'rior Ac tion s. All action s heretofo re tak en (not inconsi stent
with th e pro vision s of thi s Ordina nce ) by the Cit y Cou ncil or by th e of'ti ce rs an d empl oy ee s of
th e ity regard in g th e acqui sition or lcuse-purchasc of' th e Lc,•scd Property , or dir ected towu rd
sati sfacti on of the Cit y's obligation s und er the Lea se Do c um ent s, arc hereby ratifi ed, appro ved
and co nfirm ed.
Section 8 . Severability . It is hereby express ly declared that all provi sion s hereof and
1hcir appl ica ti on arc int ended to be and arc severab le. In ord er to implement such inten t, if an y
provi sion hereof' or th e app li catio n thereof' is determ in ed by a co urt or adm ini stra ti ve body to he
invalid or unenforceable, in who le or in part, such de termi nation shall not affect , impair or
inva li dat e an y other pro vision hereo f or the app licati on of th e provi sion in que stion to any other
situ ati on; and if any provi sion hereof or th e appli ca ti on th ereof is det ermined by a cou rt or
admi ni strati ve body to be va li d or enfo rceab le onl y if' its appli cation is limit ed, its app lication
shall be limit ed as req uired to most full y impl ement its pu rpose .
Section 9. Repealer . All ord inan ces, or parLs th ereof, incons istent or in confli ct •
herewith are hereby repealed to th e ex tent only of such incon sistency or co nfli ct.
Sect ion lO. Emergency Dec laration and Effective Date. The QECB all ocation award
by the Gove rnor's Energy Office req·,ircs scheduled mi lestones wh.ich must be co mpleted to
retain such all ocati on. The designation of th e lease-purchase financing as a QECB will result in
a federal subsid y fe r a signi fi cant portion of th e int erest costs. In order to meet tJ1e req uirement
that th e financing be clo sed by August I, 20 10, an emerge ncy is declared to ex ist. This
Ordinance shall be effective immediately upon final passage and be published within seven days
after publication fo ll owing final passage.
Introduced, read in full as an Emergency Bill for an Ordinance and passed on first reading on
the 6th day of July, 2010 .
Publi shed as an Emergency Bi ll for an Ordinance in th e Ci ty 's official newspaper on th e 9~ day of
Jul y, 20 10. .
Publi shed as an Emergency Bill fo r an Ordinance on the City's officia l website beginning on the
7th day of July, 2010 fo r thirty (30) days.
James K. Woodward, May,,,
ATrEST :
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Elli s, City Clerk of the City of Englewood , Co lorado, ht:rcby certify that th e
above and foregoing is a lmc rnnv of an Emergency Bill fo r an Ord inance, introduced , read in full,
and pa ssed on first reading ,• h day of Jul y, 2010.
Loucrishia A. Elli s
48JS-224 1-4086)
•
•
•
•
•
COUNCIL COMMUNICATION
Date : Agenda It em: Sub j •ct :
Jul y 6, 20 10 1 1 Ci Memorandum of Understanding b etween th e City
of Eng lewood and the Arapahoe County Ama teu r
Radio Em erg ency Serv ices, District 22
Initi ated By: Staff So urce:
Engl ewood Office of Emerge ncy Managemen t Steve Green,
Em erge ncy Management Coord inator
COUNC IL GOAL AND PREVIOUS COUNCIL ACTION
This M em o ran dum of Understandi ng supports th e fo ll owing Council Goals: Englewood is a
prog re!,sive ci ty tha t provides responsive and cos t efficien t services.
RECOMMENDED ACTION
Staff recomm ends Coun ci l adopt a reso lutio n ap p rovin g a M emorandum oi Und erstandi n g
between th e City o f Eng lewood and th e A rapa ho,, County Ama teur i{adio Eme rge ncy Servi ces
(ARES) D is tri c t 22. This MOU w ill all ow fo r ARES to assis t wi th emergency communicati o ns in th e
eve nt of an emerge ncy.
BACKGROUND, ANALYS IS, AND ALTERNATIVES IDENTIFIED
Th e Am ateur Radi o Eme rgency Servi ces (ARES) is sp o nso red by the Ameri can Radi o Relay Leag ue
(AR RL ) to provide supplemental or eme rge ncy commun ica tio ns. ARES m embers voluntee r th eir
equ ipment and ca pab il iti es to th e co mmunity in th e eve nt of an emerge ncy.
Th e Arapah oe Co un ty ARES Dis tr ic t 22 serves the geogra phic area th at in cl udes the Ci ty o f
Eng lewood . They are ab le to assis t wi th wea th er !>po lling; da ma ge assessr .. en t; co mmun ica tion s at
the scene of a disast er or eme rgcn y incident, be tween shelt ers or oth er loca tio ns wi thi n Arapa hoe
Co unty, at sp ecia l even ts, or in th e eve nt of wid es pread com municati ons systems fa ilur es or
ove rl oad.
Wh en ac tiva ted, ARES membe rs wi ll asc;ist th e Ci ty wi th informa ti on ga therin g and informa tion
di stri bu ti on, as we ll as vo ice and data (omm uni ca tions .
FINANCIAL IMPACT
There w ill be mi ni mal expenditures fo r initi al se t-up, to ma xim ize th e capabi lit ies of th e ARES sys tem
for the Ci ty, whi C:1 will be paid for using funds from th e Emerge ncy Management Pe rfo rm an ce
Grant (EM PG). Ongoing joint trainin g and exe rcises will also be fund ed th rough th e EMPG
program. Services are provid ed at no cos t to th e City.
UST Of ATTACHMENTS
Resolution
•
•
•
•
•
•
RESOLUTION NO.
SEIUES OF 2010
A RESOLUT ION AUTI IOIU ZING A "MEMORANDUM OF UNDERSTANDING BETWEEN
THL' CITY or ENGLEWOOD, COLORADO AND THE AMATEUR RADIO EMERGENCY
SE :, VICE OF ARAPA HOE COUNTY (DISTRICT 22).
WH EREAS, the Amat eur Rad ;o Emerge ncy Serv ices (ARES) is spo nso red by the Am erican
Radio Relay Lca!,'UC (ARRL} to prnvide su pplemental or eme rgency communications ; and
WHEREAS, ARES members vt lunt eer their equipment and cap ,bilit ics to U1 e co mmunity in
th e event of an emergency; and
WHEREAS, the Arapahoe Cou nt y ARES District 22 serves the geograph ic area that includes
the City of Eng lewood; and
WHEREAS, ARES is able to ass ist with we.1 ther spo tt ing; damage assess ment ;
comm unicati ons at the scene of a disaster or emergency in cid ent , between shelte~ or other
locat ions with.in Arapa hoe County, at special events , or in th e even t of wi desp read
comm uni catio ns sys tems failures or overload; and
WHEREAS , when activated, AREA members will assis t th e Cit y wi th in forma ti on gatheri ng
and informati on distributio n, as well as vo ice and data communi cations ;
NOW, THEREFORE, BE IT RESOLVED BY T HE CITY COUNC IL OF THE CIT Y OF
ENGLEWOOD, COLO RADO , THAT :
Section I. The Cit y Co un cil of th e City of Englew ood, Co lorado hereby accepts and ap proves
the "Memorandum of Understandinr between the City of En glewood, Co lorado and the Ama teur
Radio Emergency Service of Arapahoe County (Distri ct 22)," attac hed here to as Exh ibit A.
Sectio n 2. Th e Mayo r is authorized Lo exec ut e and th e Ci ty Clerk lo attest and sea l the
memorandum of understanding for and on beha lf of the Ci ty of Englewood , Co lorado .
ADOPTED AND APPl{OVED thi s 6th day of July , 20 10.
ATrEST:
James K. Woodwa rd , Mayor
Lou cris hia I\. Elli s, Cit y Clerk
I, Loucrishi a A. Elli s, City Clerk for the ity o f Englewood, Co lomdo , hereb y certi fy th e
above is a true co py of Reso lution No . __ , Series of 20 I 0 .
Lo ucri shia A. Ell is, City Clerk
•
•
MEMORANDUM 0 1)' UNDERSTANDING
BETWEEN THE CITY OF EN GLEWOOD , COLORADO AND THE AMATEUR
RADIO EME RGENCY SERVICE OF ARAPAHOE COUNTY (District 22)
I. Purpose
a. The purpose of thi s document is to provid e gui delin es for th e au th orizatio n
and activatio n of th e Amateur Ratlio Emergency Service on an as needed
basis and to define th e activation process.
II. introdu ction to the City ofEnglewoocl, Co lorado:
a. Incorporated in 1903, Englewood is a full-service city th ~t is centra ll y
located within the Denver Metropolitan area.
III. Introduction to Amateur Radi o and ARJ::S
a. Amateur Radi o Service -the Amatew Radio Service consists of radio
operators who are licensed by the Federal Co mmunicati ons Commi ss ion
(FCC). Amateur Ra di o Operators are required to talc e examinations and
maintain these li censes in order to operate th eir eq uipment. These
examinations test the operato r's technical skills and know led ge of
telecommuni cations, including the FCC rules and regulations. The
American Radi o Relay League (ARRL), th e nati oJal association for
Amateur Radio, represe nts Amateur Radio Operators to federal agencies
and international organizations with regard s to emergency and other forms
of co mmunications .
b. Amateur Radio Emergeocy Serv ices (ARES)-ARES is spo nso red by the
ARRL to provide suppl ement al or emergen cy co mmuni cati ons. Founded
in 1935 as th e Amate ur Corp, ARES members have vo lunteered th eir
equipment and ca pabilitie s in the eve nt of emergencies or di sas ters.
c. Agencies that have been served by members of Colorado ARES
community includ e: National Red Cro ss, National Weather Serv ice
(Skywam), Salvation Army, Co lorado Divis ion ofEmergency
Management , mu ltipl e local governments (county and city), Department
of Veteran 's Administra ti on and different Fire Departments. Alth ough
the primary respo1:..:'.Ji lit y of ARES is to provide co mmunication s (which
inc lud e on -scene communications in cases of local or state di sasters;
communic1tio ns between shelters or location s withi n th e 'l tate of
Co lorado; or at special eve nts in support of se rved agenci !S), the Amateur
Radio Operators may also be called upon as observers. Bt-:ause most
Amateur Radio Operators have mobile radios in their vehicles, ARES
IV. Amateu r Radio Operating Authority
a. TI1e Co mmuni ca ti ons Act of 1934, Section 606 as ame nded Exec utive
Order 12472, Ass ignment of National Security and Emergency
Prepareuness Tel eco mmun ications fu nctions. Amateur Radio Opera tors
operate und er Title 47 Code of Federal Regulati ons, US Code 15 l ,l 54(i);
Chap ter I, Part , Subpart A, Section 97. I , 97. I 05, 97. I 15, 97 .3 0 I , and
Subpart E, Federal Communication s Commi ss ion Rules and Reg u1 :.,1o ns.
V. Amate ur Radio Service call op or activation.
a. Ac tivati ng Offici ;u is defined as any membe r of th e City of Eng lewood
OEM auth ori zed b)· tne Emerge ncy Manager of th e City of Engle wood
Office of Emergen, y Management to ac ti vate ARES reso urces in the
public inlcrusl and to lalce respo nsi bilit y fo r th ose who respond to this
req uest.
b. Arapahoe Cc::i "'Y ARES Di strict 22 Offi ci al is defined as a member of
Arapah oe •2c,·,n :J ARES Di stri ct 22 who can be contacted to requ es t a
response bj its me mbe rs. This includes the di stri ct's Emergency
Coordinator (EC), Ass istant Emergency Coordinator(&) (AEC) and Team
Leaders . These individuals will tak e responsibility fo r determining and
coordinating the response of Arapah oe County ARES District 22 members
in support of th e activatio n emergency/,v ~~l.
c. AU ARES resources will be alk•. ·,c.,, as 1,:·.cu~ by the establi~hed Unified •
Command or Incident Co mma,.,.:,·, ~i io . :Jf:tl involving multipl e
age ncies.
VI. ARES Organization:
a. Emergency Coordinator (EC) -Appointment lo thi s positio n is by th e
ARRL Colorado Sec•'on Manager (S M) or th e ARRL Section Emergency
Coordinat or (SEC). Inc EC represe nts the ARRL at th e loca l level and is
responsible for all ARES ac tivitie s. Th e EC directs emerge ncy operation s
of Ama teur Rudio Operators.
b. Ar.sista nt Emergency Coordi nators (AEC) -Appointed by th e EC, these
officers help the EC effective ly manage ARES events and resource s.
Th ese in clud e Opera ti ons, Lo pistics, Training and Plannin g, und
Admini strati on.
VTI. Traini ng:
a. Members of Arapah oe Co unt y ARES Di strict 22 spe nd many honrs each
year on tra inin g. In addition to weekly on-the-ai r u·a ining sessio ns and
semi-mo nthly training meetings, ARES members parti cip ate in se veral
exe rci ses with loca l, state and federa l agencies se veral times a year. A
number of th ese exerc ises may req uire multi -day field de ployment (s). In
ord er to make training exercises effective, joint training and ex ercises
between var ious ARES districts in Colo rado i enc ouraged as often as
poss ible.
Png~ 2 of 5
•
•
•
•
b. City of E,tglewood OEM cor~ucts monthly trainings and/or
exercises/drills. Arapahoe County ARES District 22 ar~ enco uraged lo
auend these '-'ainings and exercises as often as possible.
c. All Arapah~ C0 unl y ARES District 22 members are enco ur aged lo
complete designated National Incident Managem ent Syste.m \:-.!IMS)
courses as pan of their mer.1bership.
Liability :
a. Known as the Volunteer Protection Act of 1997, US Pub lic Law 105 -19
protects volunteers '-om li ability as long as they are acting within the
scope of their trai r., : and respo nsibility. l11e Volomeer Service Act (CRS
13-2 1-115.5, sirs i' ... ·o rhe federal law slated ab.ive, further protects
vo lu nteers.
b. Co lorado Revh ,:d Stalutei , Section s 24-32-2605, et seq., and 24-32 -2202
also provide lirnrl~d immnni ty to volunteers duri ng the course •J f planning,
training and di s. c' ,,_.. resp~nse.
c. Each member of(\,! 1ra11" ARES mus t evalu ate the ri sk of responding lo a
request from served agt.ncies and may refuse suou ld they deter!lline the
risk lo life and/o r their property to be deemed grea t.
d. Each member acknowledges and agrees th at th ey, as individuals, are
responsible for their personal property, not ~~e served agencies whe n
responding and operating in response to ar. act.!vation .
IX. Ope rating Guidelines:
a. Members of Arapahoe County ARES Di stricts 22 operate un der the
direction of the served agencies through their EC, or h.is/her designee , as
specified by the sr..,,ing agency or Eme rgency Respon se Plan .
b. They may not b 'ispatched ,,n any eve nt wirhout the direct approval
of the EC or hi s/I ,gnce.
e. Arapahoe County A,-r.iS Di strict 22 meMbers will be utili zed during an
emergency incid ent to deliver emergency and priority messa ges (e ither
poin t-to -point or poi;1t-to-mu ltipoint).
d. Arapa hoe Cou nty ARES Di strict 22 members may be utili zed to provide
co mmunication se rvi ces to ass ist with th e coordim,:ion of commu nit y
events. Partic ipation for com munity eve nts will be a, the dis~reli on of the
EC, or hi s/her designee.
e. Services provided by Arapahoe County ARES Di strict 22 membe rs shall
be govern ed by the availability of eq uipment and member 's FCC !icense
privi leges.
f. City of Eng lewood Office of Emergency Mana geme nt will regi ster
Arapahoe County ARES Di stri ct 22 on the Qualified Volunteer
Organization List Pursuant to Hou se Bill 08-1097 -Colorado Revi sed
Statutes §24-32-2202 el seq .
Pngc 3 or~
X. Radio Amateur Civil Emergency Service (RACES): •
a. RACES is a regis tered Civil Defense orga nization under the direct control
of local and/or sta te officials. Under the authority of the appropri ate
Co unty Emergency Managcr(s), Arapahoe County ARES Di stri cts 22 will
respond and operate as a local civil prepareoness gro up for the respective
county ut\lizing RACES guide ! ine s and regulations. These include , but are
not limited , to: Natural Di sas ters , Technical Di sas ters, Nu clear Accidents,
Nuclear Attack, Terro rist Incidents, Bomb Threats and Weapons of Mass
Destruction . When activa ted as RACES, the ARES District EC shall be
designated as the Co un ty RACES Officer by the appropriate County
Emergency Manager.
XI. Identification :
a. Arapahoe Co ARES District 22 will provid e or assist in obtai ning proper
documentation for each membc.-meeting the requirements of City of
Englewo.JCl's Office of Eme rgency Management. Arapahoe County
ARES Di stricts 22 shall issue fD cards that •v iii identify their members to
officials Jurin gjoinl drills and emergency deployment. Although
Arapahoe County ARES Di strict 22 members authorize an an nu al
background check perfo rmed by their respective county law enforcemen t
agencies, additional checks may be performed as required for admission to
sensitive areas such as a comm unicati ons cen ter or Emerge ncy Ope ratio ns
Ce nter (BOC).
b. City of Englewood Office of Emergency Management will provide the
necessary additio nal identification documents to assigned Arapahoe
County ARES District 22 mem bers to all ow them to respond to an
auU10rized ac tivation .
r,, Arapa hoe County ARES Distric ts 22 will provide th e City of Englewood
OEM a curren t lis t of individual s authorized to ,ctiva1e Arapahoe County
ARES Di strict 22 members. This li st will al so provide specific
infomiati on needed for an appropriate response. Thi s contact li st wi ll be
distrir"ted us th e D'rec tor of Cit y of Englewood OEM.
d. Arapahoe County ARES Districts 22 will coord in ate other recogni zed
auxi li ary and emergency co mmun icatio ns groups whe n their individua l
resources arc inadequate to meet th e needs of th e served agency , durin g an
emergency or eve nt.
Page 4 of 5
•
•
•
•
•
XII. Summary:
a. This Memorandum of Und ersta ndin g shal l take effec1 upon signatu re by
an authorized official of City of Englewood Office of Emergency
Management an d the Arapah oe Cou nt y ARES Di strict 22 BC. Thi s
Memorandum may be amended by mutu al agree ment of partic ip atin g
parties, and shall remain in effect until termin ated in writing. Bach party
agrees that there will be a Thirty (30) day written notice to termin ate thi s
memo randum . All parties to thi s agreement shall review and coordi nate
any revisi ons on an an nu al basi s a, necessary.
Dated this __ day of _________ , 2010
Mayo r, City of Engl ewood
James K. Woodward , Mayor
Emergency Coordi nator, Arapahoe Coun ty ARES Di strict 22
Puge5of5