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HomeMy WebLinkAbout2023-07-24 (Regular) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy - Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, July 24, 2023 ♦ 6:00 PM Council Dinner will be available at 5:30 p.m. Study Session begins at 6:00 p.m. Regular Council meeting begins at 7:00 p.m. To view the meeting, please follow this link to our YouTube live stream link: YouTube 1. Study Session Topic a. City Manager Shawn Lewis, Deputy City Manager Tim Dodd, and Tri-Cities Homelessness Coordinator Mike Sandgren will be present to discuss Tri-Cities Homelessness Plan of Action Update. 6:00 p.m. - 6:30 p.m. Information and Direction Presentation: 15 minutes Discussion: 15 minutes 1a b. City Manager Shawn Lewis, Deputy City Manager Tim Dodd, and Tri Cities Homelessness Coordinator Mike Sandgren will be present to discuss Safe Parking Pilot Program. 6:30 p.m. - 6:50 p.m. Information and Direction Presentation: 10 minutes Discussion: 10 minutes 1b c. Director of Finance Jackie Loh will be present to discuss the June 2023 Monthly Financial Report. 6:50 p.m. - 7:00 p.m. Information Presentation: 5 minutes Discussion: 5 minutes 1c 2. Call to Order 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of July 17, 2023. 5a 6. Appointments, Communications, Proclamations, and Recognition a. Board and Commission Member Appointment Recognition Page 1 of 203 Englewood City Council Regular Agenda July 24, 2023 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. b. Englewood Library Recognition 7. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes. Written materials for presentation to Council may be submitted to the City Clerk. a. Kevin Wright, an Englewood resident, will address Council. b. Kim Wright, an Englewood resident, will address Council. 8. Recognition of Unscheduled Public Comment If you would like to sign-up to speak virtually for public comment at the upcoming City Council meeting on Monday, July 24th, please visit Zoom to register or plan to attend the meeting in person at 1000 Englewood Pkwy, 80110, Second Floor Council Chambers. If registering to speak virtually, you will receive a unique and personalized invitation by email to join the meeting. Every speaker who wants to register should sign-up with their own email address. If you do not have an email address or if you have any questions regarding this process, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303- 762-2430. Citizens may also submit written public comments to the City Clerk's Office at CityClerk@englewoodco.gov until 12 p.m.Tuesday, July 25th. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to 3 minutes. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading. c. Resolutions and Motions 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. Retail sales ban of live dogs and cats Page 2 of 203 Englewood City Council Regular Agenda July 24, 2023 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 11ai Staff recommends City Council approve a Bill for an Ordinance banning live dog and cat sales at retail. Staff: City Attorney Tamara Niles b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Contract with Englewood Arts for use of a portion of the Englewood Civic Center 11ci Staff recommends City Council approve, by Motion, Approval of a contract with Englewood Arts for use of a portion of the Englewood Civic Center. Staff: City Manager Shawn Lewis, and Deputy City Manager Tim Dodd ii. Contract with Historic Englewood for use of a portion of the Englewood Civic Center 11cii Staff recommends City Council approve, by Motion, Approval of contract with Historic Englewood for use of a portion of the Englewood Civic Center. Staff: City Manager Shawn Lewis, and Deputy City Manager Tim Dodd iii. Contract for election services for recall special election 11ciii Staff recommends City Council approve, by Motion, a contract with Community Resource Services of Colorado, LLC for election administration. Staff: City Clerk Stephanie Carlile 12. General Discussion a. Mayor's Choice i. Discussion of process for filling Council vacancy b. Council Members' Choice 13. City Manager’s Report 14. Adjournment Page 3 of 203 STUDY SESSION TO: Mayor and Council FROM: Shawn Lewis, Tim Dodd DEPARTMENT: City Manager's Office DATE: July 24, 2023 SUBJECT: Tri-Cities Homelessness Plan of Action Update DESCRIPTION: Mike Sandgren, Tri-Cities Homelessness Coordinator, will present an update on progress towards achieving goals in the Tri-Cities Homelessness Plan of Action RECOMMENDATION: Staff requests that Council review progress made towards the implementation of the Tri-Cities Homelessness Plan of Action and provide feedback on plan implementation. PREVIOUS COUNCIL ACTION: • Council Bill 10- Second Reading- Approval of an ordinance amending the scope of an intergovernmental agreement with Arapahoe County and the Cities of Littleton and Sheridan for implementation of the Tri-Cities Homelessness Plan of Action (March 20, 2023) • Council Bill 10- First Reading- Approve a bill for an ordinance amending the scope of an intergovernmental agreement with Arapahoe County and the Cities of Littleton and Sheridan for implementation of the Tri-Cities Homelessness Plan of Action (February 21, 2023) • Council Bill 9- Second Reading- Approval of an ordinance authorizing an Intergovernmental Agreement for the Provision of Homelessness Coordinator Services (March 7, 2022) • Council Bill 9- First Reading- Approval of a bill for an ordinance authorizing an Intergovernmental Agreement for the Provision of Homelessness Coordinator Services (February 22, 2022) • Tri-Cities Homelessness Plan of Action approval (September 7, 2021) • Discussion of the draft Tri-Cities Homelessness Plan of Action (July 12, 2021) • Update regarding the Tri-Cities Homelessness Study (July 13, 2020) • Council Bill 22- First Reading- Approval of an ordinance authorizing an IGA with the Cities of Littleton, Sheridan, and Arapahoe County for the purpose of developing a Tri- Cities Homelessness Plan of Action (June 21, 2021) • Proposed Tri-Cities IGA for Homelessness Assessment (Jun 17, 2019) SUMMARY: In the fall of 2021, Council approved the Tri-Cities Homelessness Plan of Action ("the plan"), which the Councils of the Cities Littleton and Sheridan also approved. The approval of the plan was the culmination of years of planning and research conducted by the three cities and is Page 4 of 203 focused on four themes: The plan called for the hiring of a Homelessness Coordinator as a term-limited Arapahoe County employee and funded by the three cities to coordination the implementation of projects included in the plan. ANALYSIS: Background on the Tri-Cities Homelessness Policy Committee The Committee meets on a monthly basis and includes Mayors, City Managers, City Attorneys, Police Chiefs and representatives from the State of Colorado, Arapahoe County, and nonprofit service providers. In addition to the partnership between the three cities, the cities also partnership with Change the Trend, a coalition of over 30 nonprofit service providers who provide housing vouchers, food, resource navigation, and other services to those experiencing homelessness. Finally, the cities formed partnerships with Arapahoe County ("the County"), the State of Colorado Department of Local Affairs (DOLA), and the Metro Denver Homelessness Initiative (MDHI). These partnerships recognize that homelessness is a regional issue as well as one that requires partnerships between different levels of government, nonprofit service providers, and the larger community. Understanding the Causes and Challenges of Homelessness In July 2020, the cities launched a PESTEL (Political, Economic, Social, Technological, Environmental, and Legal) analysis to evaluate outside factors that are impacting homelessness in the region. Key findings included: • A strong commitment by local leaders to address homelessness; • Dedicated homeless service organizations; • Regional public and private investments in homelessness; and • Consistency in local ordinances regarding occupancy of public spaces. Opportunities identified by the PESTEL included: • Increasing affordable permanent housing options for persons existing homelessness; • Permanent supportive housing; • Allocating housing authority vouchers; • Increased participation in the local data collection platforms; and • Additional safe alternatives to unsheltered dwelling. In October, 2020, the cities contracted with DU to better understand the root causes of homelessness in the region. DU produced two reports, one for chronic homelessness and one for family homelessness. These reports identified common causes of homelessness, as well as barriers for homeless individuals and families to becoming housed. Chronic Homelessness Family Homelessness Top six causes of homelessness Loss of job Change in employment Unable to pay rent Unaffordable expenses Housing cost increase Unable to pay rent Change in employment Loss of job Housing cost increase Domestic violence Page 5 of 203 Relationship issues Relationship issues Top six barriers to housing Unable to pay rent Housing cost increase Loss of job Unaffordable expense Housing waitlists Change in employment Housing cost increase Low/no credit score Unable to pay rent Change in employment Loss of job Engagement Process To develop the plan of action, the consultant conducted 55 semi -structured interviews with a diverse regional stakeholder group. This group included: • Local and county elected officials; • Local, county, and state appointed officials; • Nonprofit service providers; and • Individuals who experienced homelessness. Stakeholders identified areas of hope such as the humanization of homelessness, equity, personal responsibility and empowerment, stewardship, and fair-share regional approach. They also identified several assets to be leveraged in the final plan, including confidence in the co-responder program, food distribution, inter-jurisdictional coordination, partnership with school districts as well as libraries and recreation centers, and a continued partnership with the nonprofit group Change the Trend. Areas of concern included lack of funding, the region becoming a homeless magnet, underutilization of homelessness services, vulnerable people falling through the cracks, and the complexities and expense of housing the homeless. Recommendations and Action Steps Based on stakeholder engagement, the Tri-Cities Homelessness Plan of Action includes several recommendations and next steps. The recommendations are based on national and state best practices, and focus on four thematic areas: • Building a strong foundation; • Single adult system; • Workforce development; and • Family system. Building a strong foundation The Committee, partnership with Change the Trend, and partnerships with other government agencies provide a strong foundation from which to continue to build a strong governance structure. While the Tri-Cities region is a part of the Metro Denver Homelessness Initiative (MDHI) Continuum of Care, increased collaboration is important to create additional resources for homelessness housing and services. A strong governance structure will build local capacity, support coordination across government entities and nonprofit partners, and attract additional public and private funding for homelessness programs. Single adult system Page 6 of 203 Currently, several programs exist to support single adults experiencing homelessness in the Tri-Cities region. Designating a lead service provider will ensure enhanced coordination of services. While additional resources should be added to the internet, a dedicated space for walk-ins and client referrals is needed to help transient populations build trust, learn about services, and receive navigation support to apply for benefits and programs. This work can further be enhanced by additional direct outreach programs and promoting a variety of housing opportunities. Workforce development Pathways to workforce opportunities can work for some people experiencing homelessness to achieve financial self-sufficiency. In the winter of 2021, the City of Englewood partnered with Arapahoe Community College to provide job training to individuals in the community financially impacted by the COVID-19 pandemic. Also in the winter of 2021, the Tri-Cities conducted a pre-feasibility study with Bridge House Ready to Work, a program that provides temporary housing and job training to people experiencing homelessness. Family system In addition to increasing services for single adults, the Plan of Action promotes additional resources for families. Partnering with all three school districts can leverage federal McKinney Vento funding to provide case management services, school support, supplies, and make referrals to shelters. Additional programs, such as a peer-support specialist, can focus on ensuring that housing vulnerable families do not become homeless. Themes Recommendations Action Steps Building a strong foundation 1.1 Build a strong governance structure 1. Formalize a regional leadership body. 2. Create a regional homelessness coordinator position 3. Increase local government staff capacity 4. Create a lived experience advisory board Build a strong foundation 1.2 Formalize a data-driven approach to allocated resources 1. Increase participation in HMIS 2. Increase referrals to MDHI's OneHome System 3. Partner with Built for Zero Build a strong foundation 1.3 Create a community education and engagement strategy 1. Create a centralized Tri- Cities webpage 2. Streamline volunteer giving and opportunities* Page 7 of 203 3. Create a Welcome Home community engagement program Single adult system 2.1 Streamline access to homeless services for single adults 1. Designate a lead service provider 2. Create a central navigation center 3. Create an online platform to request homeless services Single adult system 2.2 Provide street-based services to increase health & wellbeing 1. Launch a coordinated outreach team* 2. Continue to support local meal programs 3. Pilot a safe parking program* 4. Convene local healthcare providers to discuss feasibility of a street medicine team Single adult system 2.3 Expand housing opportunities for single adults 1. Promote shared housing 2. Strengthen outreach to landlords 3. Sponsor a feasibility analysis for permanent supportive housing Workforce development 3.1 Create partnerships with workforce programs 1. Continue to purse Bridge House Ready to Work partnership 2. Promote local online skills training programs 3. Launch cross purpose six week career prep program Workforce development 3.2 Create employment opportunities Engage the local Chamber of Commerce Family system 4.1 Streamline services for homeless families 1. Engage the local school districts as resource partners 2. Designate a lead service provider* Family system 4.2 Prevent families from becoming homeless 1. Promote new resources for homeless prevention 2. Pilot a peer support specialist program to outreach and homeless families* Family system 4.3 Increase housing opportunities for families Explore expanding voucher program to families Page 8 of 203 Plan Implementation Status • 10/17 of year one projects have been completed and seven are in progress. • Three of ten year two projects have been completed and seven are in progress • One of three year three projects has been completed, one is in progress, and one is planned COUNCIL ACTION REQUESTED: Staff requests that Council review progress made towards the implementation of the Tri-Cities Homelessness Plan of Action and provide feedback on plan implementation. FINANCIAL IMPLICATIONS: Council approved utilizing $350,000 in American Rescue Plan Act (ARPA) funding for the City's share in the implementation of the plan. Additionally, Council authorized ARPA funding towards two initiatives designed to further the workforce development theme in the plan: • Bridge House ($850,000); and • CrossPurpose: Career guidance ($346,379) Funds dedicated to plan implementation will be utilized through the end of 2024 to implement components of the plan of action Council, as well as Arapahoe County and the Cities of Littleton and Sheridan, will need to determine whether they wish to invest further into initiatives after 2024 when ARPA funds are depleted, and the coordinator is also investigating philanthropic funding and other funding opportunities. CONNECTION TO STRATEGIC PLAN: Outcome area: Community Wellbeing Goal: Homelessness Services and Mitigation- Programs, initiatives, and coordination designed to help those experiencing homelessness while mitigating the impact of homelessness on the larger community Key Projects: • Coordinate Homelessness Connect events • Implement the Tri-Cities Homelessness Plan of Action • Develop and execute a plan to bring the Bridge House/ Raady to Work program to the Tri-Cities How we will know we are on track to succeed: • # of homelessness individuals transferred to walk in clinics and provided treatment • # of participants in resource connect events at the Englewood Public Library OUTREACH/COMMUNICATIONS: Communications Departments from the three cities partnered with the Tri-Cities Homelessness Coordinator to launch a Tri-Cities website to provide the public with information on related initiatives. Additionally, the coordinator recently launched a lived experience advisory board to ensure the voices of people who experienced homelessness are included in the discourse. ATTACHMENTS: Page 9 of 203 Tri-Cities Homelessness Plan of Action- Final Presentation- Tri-Cities Homelessness Plan of Action Update Tri-Cities Homelessness Study Results Page 10 of 203 Tri-Cities Homeless Action Plan Page 11 of 203 2 Acknowledgements Englewood City Council Linda Olson, Mayor Cheryl Wink Dave Cuesta Joe Anderson Othoniel Sierra Rita Russell Steven Ward Shawn Lewis, City Manager Tim Dodd, Assistant to the City Manager Littleton City Council Jerry Valdes, Mayor Carol Fey Karina Elrod Kelly Milliman Pamela Grove Patrick Driscoll Scott Melin Mark Relph, City Manager Samma Fox, Assistant to the City Manager Sheridan City Council Tara Beiter-Fluhr, Mayor Dallas Hall Don Smith Sally Daigle Shevieve (Shevy) Gallegos Devin Granbery, City Manager Page 12 of 203 3 Andy Jennings, South Suburban Parks District Annie Bacci, Corporation for Supportive Housing Beth Stewart, Communities That Care Bonnie DeHart, Sheridan Rising Together for Equity Brian Arnold, Bridge House-Ready to Work Brittany Golden, All Health Network Callan Ware, Englewood School District Cassie Ratcliff, Family Tree Cheryl Ternes, Arapahoe County Human Services Department Christina Underhill, City of Englewood Cory Reitz, South Metro Housing Options Cynthia Grant, All Health Network Dace West, Denver Foundation Daniel Stange, Sheridan Rising Together for Equity Dave Lee, City of Englewood Desiree Stange, Sheridan City Council Chief Doug Stephen, Littleton Police Department Eddie Kanoza, City of Sheridan Evan Dreyer, Denver Mayor’s Office Heather Beltran, Littleton School District Ian Fletcher, Communities Solutions – Built-for-Zero Isabel McDevitt, Bridge House-Ready to Work Jeanne Hildreth, Littleton School District Juanita Camacho, Sheridan City Council Keith Reester, City of Littleton Kelsy Stransfield, City of Littleton Kristin Toombs, Colorado State Dept. of Local Affairs Linda Haley, Arapahoe County Community Development Department Lindsey Gorzalski, Innovative Housing Concepts Lisa Vantine, Arapahoe County Coroner’s Office Mark Mullis, City of Englewood Dr. Matt Meyer, Metro Denver Homeless Initiative Melissa Green, Bridge House-Ready to Work Mike Sangren, Change the Trend Nancy Trimm, City of Littleton Nate Thompson, Littleton School District Pat Sandos, Superintendent, Sheridan School District Sgt. Reid McGrath, Englewood Police Department Ryan Colson, Littleton School District Tyler Brown, Arapahoe County Sheriff Widd Medford, Bridge House-Ready to Work Acknowledgements Page 13 of 203 Table of Contents Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Glossary/Terminology and Abbreviations . . . . . . . . . . . . . . . . . . . . 5 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Stakeholder Interview General Themes . . . . . . . . . . . . . . . . . . . . 12 Cumulative Findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Recommendations and Action Steps . . . . . . . . . . . . . . . . . . . . . . . 18 Appendix 1 – Matrix of Recommendations & Action Steps . . . . . 33 Appendix 2 – Report Limitations . . . . . . . . . . . . . . . . . . . . . . . . . 41 Page 14 of 203 5 Glossary/Terminology and Abbreviations1 Adults with a Serious Mental Illness (SMI) – This subpopulation category of the Point in Time (PIT) includes adults with a severe and persistent mental illness or emotional impairment that seriously lim- its a person’s ability to live independently. Adults with SMI must also meet the qualifications identified in the term for “disability” (e.g., “is expected to be long-continuing or indefinite duration”). Adults with a Substance Use Disorder – This subpopulation category of the PIT includes adults with a substance abuse problem (alcohol abuse, drug abuse, or both). Adults with a substance use disorder must also meet the qualifications identified in the term for “disability” (e.g., “is expected to be long-continuing or indefinite duration”). At-Risk of Homelessness – people who are not experiencing homelessness, but whose current eco- nomic and/or housing situation is precarious or does not meet public health and safety standards. Case Conferencing – A region’s formal, planned, and structured meeting in which providers coor- dinate staffing assignments, provide client level updates, and ensure coordination of services. The goal of case conferencing is to provide holistic, coordinated, and integrated services across providers, and to reduce duplication. Case conferences should be used to identify or clarify issues regarding a participant’s housing status and progress towards permanent housing; to review activities including progress and barriers towards housing; to strategize solutions; and to adjust current service plans, as necessary. Case Management – Case management is defined by the Case Management Society of America as “a collaborative process of assessment, planning, facilitation, care coordination, evaluation, and advocacy for options and services” to meet individual needs. Case Management should be voluntary, and client centered, with the goal of identifying strengths and client directed goals, while promot- ing “health, recognition, and well-being” (USICH, 2016). Case Managers should ultimately focus on linking the client to a permanent housing resource and providing the necessary services needed to promote housing stability. Chronically Homeless – 1. An individual who: a. Is homeless and lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; AND b. Has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least twelve months or on at least four separate occasions in the last three years where those occasions cumulatively total at least twelve months; AND c. Can be diagnosed with one or more of the following conditions: substance use disorder, serious mental illness, developmental disability (as defined in section 102 of the Developmental Disabilities Assistance Bill of Rights Act of 2000 [42 U.S.C. 15002]), post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability. 1 Modified from the Los Angeles Homeless Service Authority’s HOMELESS SERVICES DELIVERY SYSTEM GLOSSARY OF TERMS/ACRONYMS document found here: https://homeless.lacounty.gov/wp-content/uploads/2017/12/25-Glossary- of-Terms-and-Acronyms.pdf. Page 15 of 203 6 2. An individual who has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, for fewer than 90 days and met all of the criteria in paragraph (1) of this definition, before entering that facility; or 3. A family with an adult head of household (or if there is no adult in the family, a minor head of household) who meets all of the criteria in paragraph (1) of this definition, including a family whose composition has fluctuated while the head of household has been homeless. Chronically Homeless Family with Children – A family with children with an adult head of household (or if there is no adult in the family with children, a minor head of household) who meets all the criteria for a chronically homeless individual, including a family with children whose composition has fluctuated while the head of household has been homeless. Continuum of Care (CoC) – A federal designation for local communities to organize and deliver housing and services to meet the specific needs of people who are homeless as they move to stable housing and maximize self-sufficiency. It includes action steps to end homelessness and prevent a return to homelessness.” Metro Denver Homeless Services (MDHI) is the sponsoring agency that manages the Metro Denver CoC of which the Tri-Cities is geographically located in. Coordinated Assessment – a standardized approach to assessing a person’s current situation, the acuity of their needs and the services they currently receive and may require in the future. It considers the background factors that contribute to risk and resilience, changes in acuity, and the role of friends, family, caregivers, community and environmental factors. Coordinated Entry System (CES) – CES is a regionally based system that connects new and existing programs into a “no wrong-door network” by assessing the needs of individuals/ families/ youth experiencing homelessness and linking them with the most appropriate housing and services to end their homelessness. The goal of the CES is to streamline processes through which communities assess, house, and support housing retention for individuals/families who are homeless; to ensure all our homeless neighbors are known and supported; to target and maximize limited housing resources; and comply with the federal mandate to adopt a standardized intake and coordinated assessment process for housing. Disability – An individual with one or more of the following conditions: A. A physical, mental, or emotional impairment, including impairment caused by alcohol or drug abuse, post-traumatic stress disorder, or brain injury that: (1) Is expected to be long-continuing or of indefinite duration; (2) Substantially impedes the individual’s ability to live independently; and (3) Could be improved by the provision of more suitable housing conditions. B. A developmental disability, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002); or C. The disease of acquired immunodeficiency syndrome (AIDS) or any condition arising from the etiologic agency for acquired immunodeficiency syndrome (HIV). Emergency Shelter/Crisis Housing – An emergency shelter in the homeless coordinated entry system. Crisis Housing means any facility, the primary purpose of which is to provide temporary shelter for the homeless or to provide a bridge to permanent housing. Extremely Low-Income Households (ELI) - Those with incomes below 30 percent of area median income. Page 16 of 203 7 Fair-Share – A good faith effort by local governments to create a collaborative response to homelessness so no one jurisdiction is overburdened with the provision of homelessness housing and services. Homeless Management Information System (HMIS) - A computerized data collection system designed to capture client information over time on the characteristics, service needs and accomplishments of homeless persons. Implementation of an HMIS is required by the federal department Housing and Urban Development (HUD) for programs receiving federal funding through the Continuum of Care (CoC). Housing Choice Vouchers (HCV) - Rental subsidy program (also known as Section 8). Under HCV programs, a tenant pays 30-40% of their monthly income for rent and the government pays the remainder, up to a set maximum Fair Market Rent. HCV subsidies can be tenant-based (awarded to a tenant household that can take them to any private landlord) or site-based/project-based (awarded to an owner who uses it on the same unit over time). Housing First – Housing First is an approach that offers permanent housing as quickly as possible for people experiencing homelessness, particularly for people with long histories of homelessness and co-occurring health challenges, while providing the supportive services people need to keep their housing and avoid returning to homelessness. The provider ensures that the supportive services that program participants need or want to achieve permanent housing and to increase income are offered, but are not required as a condition of housing, including links to mainstream programs or partner agencies (i.e., mental health services, substance abuse treatment, medical services, childcare, etc.). Income, sobriety and/or participation in treatment or other services are voluntary and are not required as a condition for housing. Housing and Urban Development (HUD) - U.S. Department of Housing and Urban Development HUD is a federal department created in 1965 to increase homeownership, support community development and housing free from discrimination. Since 1987, HUD has been responsible for funding homeless programs, which today comprise the CoC. Metro Denver Homeless Initiative (MDHI) - MDHI is the Metro Denver Continuum of Care (CoC), which is a regional system that coordinates services and housing for people experiencing homelessness. MDHI works closely with each county in our continuum (Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, and Jefferson). Navigation Center – A centralized homeless access center that may provide temporary room and board with limited barriers to entry, showers, restroom, and laundry services, while case managers work to connect homeless individuals and families to income, public benefits, health services, permanent housing, or other shelter. Permanent Housing (PH) – Community-based housing without a designated length of stay, which includes both Permanent Supportive Housing (PSH) and Rapid Rehousing (RRH). Examples of permanent housing include, but are not limited to, a house or apartment with a month-to-month or annual lease term or home ownership. Permanent Supportive Housing (PSH) – Long-term, community-based housing that has supportive services for homeless persons with disabilities. This type of supportive housing enables the special Page 17 of 203 8 needs of populations to live independently as possible in a permanent setting. Permanent housing can be provided in one structure or in several structures at one site or in multiple structures at scattered sites. Point in Time (PIT) – A snapshot of the homeless population taken on a given day. Since 2005, HUD requires all CoC applicants to complete this count every other year in the last week of January. This count includes a street count in addition to a count of all clients in emergency and transitional beds. Rapid Rehousing (RRH) – A support intervention that uses a combination of case management, Housing Navigation, and short to medium term financial assistance to assist mid-range acuity homeless households identify and stabilize in tenant-based, scattered site, permanent housing. Regional Coordination – Oversight of partnerships across public and private entities within and adjoining the Tri-Cities region that ensure homeless persons are fully supported and connected to housing and services within their respective communities. Regional and coordinated access to housing and services ensures that a homeless person does not have to go to multiple agencies to obtain housing and services assistance. Street Outreach – Programs that provide essential services to unsheltered persons residing in places not meant for human habitation. Outreach is defined as the activity of engaging unsheltered homeless individuals through the process of rapport building with the goal of linking that individual to a permanent housing resource. Outreach and engagement is an ongoing process that “involves creativity, flexibility, may take months or years, and involves establishing a relationship” to connect a client to services. Outreach can be viewed as a service and a process of building a personal connection that may play a role in helping a person improve his or her housing, health status, or social support network. Supportive Services – Services that may assist homeless participants in the transition from the streets or shelters into permanent or permanent supportive housing, and that assist persons with living successfully in housing. Transitional Housing – Transitional Housing assists homeless individuals who need more intensive services before moving into permanent housing. Transitional Housing offers housing and supportive services for up to two years. It best serves young adults, people in recovery, and people fleeing domestic violence. Veteran – This subpopulation category of the PIT includes adults who have served on active duty in the Armed Forces of the United States. This does not include inactive military reserves or the National Guard unless the person was called up to active duty. Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT) – A survey administered both to individuals and families to determine risk and level of need when assisting those experiencing homelessness and those at-risk of homelessness. Additional definitions may be found here: https://www.homelesshub.ca/about-homelessness/ homelessness-101/homelessness-glossary and https://ahomewithhope.org/education-2/glossary-of- terms/#2774575318142-77ce84a7-18f2 Page 18 of 203 9 Introduction The Tri-Cities Homelessness Policy Committee is comprised of the cities of Englewood, Sheridan, and Littleton and was founded in 2018 out of a strong desire and commitment to address the growing incidence of homelessness through a comprehensive regional approach. Tri-Cities Homelessness Policy Committee Members include mayors and city council members, city managers, service providers, and representation from law enforcement. In 2020, Tri-Cities initiated a series of steps to increase understanding of the local homeless population, its needs, and existing resources. This Homeless Action Plan is the cumulation of these efforts to produce an operational strategy that brings multiple community and public partners together under a coordinated effort to move the needle on the emerging homelessness crisis. The recommendations and action steps comprising this Homeless Action Plan, seek to build a solid foundation for a unified and coordinated homelessness response system that leverages collaboration with the state, county, and local partners. Through regional collaboration, the plan seeks to leverage funding resources and expand capacity of local providers to offer comprehensive homeless services to individuals and families at-risk or experiencing homelessness in the region so that they may exit homeless and resume thriving lives. The Homeless Action Plan is proposed as a three-year plan. The implementation of the recommendations and action steps are estimated at a total of $705,000. The combination of a clear Page 19 of 203 10 plan forward including the identification of potential strategic partnerships, will make the Tri-Cities efforts competitive for private, state, federal, and continuum of care funding resources to actualize these efforts. Background In July 2020, the Tri Cities Homelessness Policy Committee conducted a PESTEL Analysis of the region’s homelessness services to identify assets, opportunities, and gaps in six domains: Political, Economic, Social, Technology, Environmental, and Legal. PESTEL analyses are used to evaluate outside factors that affect or have the potential to affect an organization or initiative. This assessment identified key issue areas in each domain. Key findings include strong commitment by local leaders to address homelessness, dedicated homeless service organizations, regional public and private investments in homelessness, and consistency in local ordinances regarding occupancy of public spaces. Areas of opportunity include increasing affordable permanent housing options for persons exiting homelessness such as rapid rehousing, permanent supportive housing, and allocation of housing authority vouchers; increased participation in the local data collection platforms managed by Metro Denver Homeless Initiative including the Homeless Management Information System (HMIS) and OneHome, Coordinated Entry System; and additional safe alternatives to unsheltered dwelling. In October 2020, the Center for Housing and Homelessness at the University of Denver released two commissioned reports: The Tri-Cities Family Homelessness Assessment and the Tri-Cities Chronic Homeless Assessment Results Report. The reports applied qualitative methods of semi- structure interviews to capture the essence of homelessness for both the families and single-adult populations. The research sought understanding of key drivers into homelessness and barriers to exiting those prolonged episodes and undermined stable reintegration back into society. While it is important to acknowledge the unique characteristics and essence of homelessness that form chronic and family homelessness, similar themes emerged for both populations that led to their pathway into homelessness and that prevented exiting with ease. These included lack of access to affordable housing, changes to or inability to secure employment, physical and behavioral health challenges, and fragile or troubled social relationships. The report recommended a prevention approach to retain precariously housed families in housing through the provision of comprehensive financial and service interventions; and holistic and flexible programs to stably rehouse chronic homeless adults. On January 28, 2021, the city councils of Englewood, Littleton, and Sheridan hosted a joint Council study session to update decisionmakers and the public on the findings of the above reports. During this session, Metro Denver Homeless Initiative (MDHI), the continuum of care for the Denver Metro Region, identified potential priority areas for the Tri-Cities Homelessness Policy Committee to focus on in the creation of its homelessness strategy. • Create a single Access Point for housing services. • Increase usage of the statewide Homeless Management Information System (HMIS) by all homeless services organizations. • Participate in OneHome, the region’s Coordinated Entry System (CES) • Develop eviction prevention strategies (more cost effective and trauma-informed to keep people housed). • Develop diversion resources and strategies to keep people from entering the homeless service system. Page 20 of 203 11 • Develop a workforce strategy by partnering with an employment program. • Find or create more affordable housing in the community for people exiting homelessness. • Include financial education in service offerings. • Acknowledge traumatic Stress found in people experiencing homelessness and create trauma-informed programs and services. • Develop a whole person/family approach that embeds wrap around services (domestic violence, child welfare, mental health, physical health, and addictions) with homeless services. Finally, the Tri-Cities Homelessness Policy Committee engaged Florence Aliese Advancement Network (FAAN) to develop an incremental operational action plan organized into four to five priority areas (i.e., street engagement, healthcare, affordable housing, and employment) with recommendations for action-steps based on national and regional best-practices. This action plan will also identify stakeholder roles and responsibilities, and daylight current and/or potential future funding opportunities. Methodology FAAN conducted 55 semi-structured interviews with diverse regional stakeholders involved in supporting the local response to homelessness. This process hoped to uncover local nuances, attitudes, and beliefs toward homelessness; discover acceptance level of potential solutions; and identify potential actors who may have been impacted by homelessness but did not envision a role in assisting with the creation and implementation of solutions. The interviews ranged from a half hour to an hour and were all conducted via teleconferencing. Approximately 20% were group interviews and 80% one-on-one interviews. Participation was voluntary. Stakeholders were asked three open-ended questions to open the dialogue. These were: what is working, what can be improved, and what priority do you want to see addressed in the final Homeless Action Plan. Responses were transcribed and arranged through a method of data-analysis called thematic coding21that organizes responses according to repetitive themes. FAAN also conducted a pre and post document review of the two key reports prepared by Denver University’s Center for Housing and Homelessness and the PESTEL Analysis to ground findings from the stakeholder interviews and inform recommendations found in this Homeless Action Plan. The composition of the stakeholders interviewed included local mayors and councilmembers, city staff, county staff, law enforcement, housing authorities, school districts, South Suburban Parks; and community and government partners including leadership from Change the Trend, All Health Behavioral Health Services, Tri-County Health, Family Tree, Sheridan Rising Together for Equity, Communities That Care, A Bridge Home, Colorado Department of Local Affairs (DOLA), Denver Mayor’s Office, Denver Foundation, Metro Denver Homeless Initiative (MDHI), CSH, and Community Solutions – Built For Zero initiative. 2 The Coding Manual for Qualitative Researchers, Johnny Saldaña. Sage Publishing. 2013 Page 21 of 203 12 Stakeholder Interview General Themes Emergent general themes from the stakeholder interviews were grouped into Hopes, Fears, and Desires to identify the current homelessness response system’s strengths, weaknesses and challenges, and opportunities. Hope: What is working well Stakeholders were invited to share what was working well to identify areas of pride and successful implementation of homelessness services. Phrases repeated by more than one stakeholder and are listed here for consideration as an emerging values framework: • Equity. Wanting to ensure a fair distribution of federal, state, county, and continuum of care homeless resources across the region. • Humanization of homelessness. A recognition that “it could happen to any of us one day.” • Personal responsibility and empowerment. A desire to provide the right level of services in the spirit of “Neighbor helping Neighbor” or offering a “hand up.” • Stewardship. Ensuring thoughtful use of public funds. • Fair-share regional approach. Encouraging each jurisdiction and surrounding communities to do their part to address homelessness. Stakeholders also identified several local assets that they would like to see leveraged in the final recommendations of the homeless action plan. • Confidence in the Co-Responder Program: Stakeholders appreciate a mechanism to respond to constituent concerns/complaints on behalf of people experiencing homelessness. • Food Distribution: There is pride in the innovation and coordination of local meal and food distribution programs for individuals and households facing food insecurity. • Inter-jurisdictional Coordination: Recently, multiple agencies convened to plan and coordinate large encampment clean-ups, setting up precedence for ongoing inter-agency cooperation, data-sharing, and formalization of frequent communication. • Change the Trend is a trusted convener: A cross-disciplinary number of organizations and advocates attend the Change the Trend meetings and have confidence the organization can formalize as a lead homeless services provider with additional investments to hire a dedicated staff. • Libraries, recreation centers, and parks are mutual-aid partners: These city assets are valuable field-based access points for information sharing to people in need and provision of basic services such as food and showers. • School Districts strongly support families at-risk or experiencing homelessness: The McKenny Vento student resource staff are extremely knowledgeable of local resources and are a consistent/trusted point-of-contact to connect family to services. Page 22 of 203 13 Fears: Areas of Concern and Opportunity In discussing areas of opportunity, stakeholders were invited to share their angst, frustrations, fears, and concerns. This process was important to surface opportunities for additional dialogue and education, and to ensure that recommendations addressed potential community concerns and barriers to implementation. • Lack of funding: Decreased tax review impacted by the COVID-19 pandemic and limited federal aid for local governments and providers within the Tri-Cities region raised concerns about funding for new or expanded homelessness services. Stakeholders would like to leverage regional partner resources (e.g., County, State, Federal, Veteran Affairs, MDHI) before increasing general fund dollars. • Tri-Cities region may become a homeless magnet: There is a general assumption that the increase in single adult homelessness within the Tri-Cities region is a spill-over effect from Denver. For example, several stakeholders cited displacement by Denver police after a series of encampment clean-ups as a cause of an increased presence of single adults in the region. Stakeholders also expressed concerns about attracting people from outside of the Tri- Cities region if the local cities increase homeless services. • Homeless services are underutilized: Several stakeholders shared that while there were many homeless services in the Tri-Cities region, people in need and community members do not know how to access them. Additionally, there was also a perception that people in need were not accessing available public benefits due to complicated enrollment processes that many vulnerable adults cannot navigate on their own. As a result, resources that could support pathways to self-sufficiency are being underutilized. • Vulnerable People are falling through the cracks: There were general concerns about the capacity of local service providers to address the needs of chronically homeless persons living with severe mental health and substance use challenges. Without a seamless, low- barrier, transparent process, stakeholders expressed concerns that this population is ending up in the criminal justice system instead of being connected to appropriate services. • Homelessness housing is complex and expensive: In theory many persons understood that access to affordable housing is a necessary component of the homeless response system, however there were many questions around the development of affordable housing including: options of housing typology for very low income persons, how many units would be needed, how do you subsidize rent for the units, where would the housing be located, who would provide services to occupants and how would those services be funded, and how could they ensure local people experiencing homelessness would be able to access new housing opportunities. Desires: Expressed Priorities After reflections on the current system, stakeholders were invited to dream and reimagine how the homeless response system could better meet the needs of people experiencing homelessness, while co-existing with the needs of residents and business owners. Responses included: • Increase interjurisdictional coordination: City staff expressed a desire to increase inter- jurisdictional cooperation among colleagues within the same city organization and with peers in other jurisdictions to share data, staff training, service coordination, and open communication on emerging encampments and frequent users of city services to better direct limited city resources. Page 23 of 203 14 • Identify a regional coordinating body: There was a strong desire to identify a centralized regional leadership body to guide homelessness policy, set and monitor system outcomes, advocate for state and federal funding, streamline implementation of the Homeless Action Plan, and communicate progress with the public. • Establish a central point of entry to access local homeless services: Stakeholders would like to see the designation of a central provider responsible for coordinating local homeless services, communicating those services out to the public so that people know how to access them, provide staffing to assist vulnerable populations navigate services, and enter data into the HMIS OneHome databases to increase access and placement of clients into available housing and services. • Proactively address behavioral health needs of unsheltered residents: There was a desire to increase local capacity to proactively outreach and engage unsheltered persons with behavioral health conditions as an alternative to police, and provide street-based mental health and substance use interventions while seeking to build rapport and connect such persons to longer term behavioral health care services. • Prevent families and seniors from becoming homeless: Increase capacity to identify seniors and families at-risk of losing housing and provide wrap-around services and financial assistance such as rental protections and legal services for eviction prevention. • Strengthen workforce development opportunities: Employment and skills training, especially the building trades, was identified as an important pathway to re-engage people experiencing homelessness with a sense of purpose and dignity. Employment was also seen as a viable option to build financial stability to access housing opportunities. • Identify diverse housing typologies: Several stakeholders wanted to increase their understanding of permanent housing options for persons exiting homelessness including exploration of shared housing, accessory dwelling units (ADUs), use of landlord incentives to encourage landlords to lease to people experiencing homelessness, and public-private partnerships to create permanent supportive housing. Cumulative Findings The following findings emerged through a synthesis of the stakeholder general themes and key observations generated in the recent reports. These findings informed the recommendations presented in the next section. • Acknowledge the unique needs of families and individuals experiencing homelessness in the Tri-Cities region: While many people associate homelessness with unsheltered single adults visible on the street, job loss during the COVID-19 pandemic against a backdrop of rising rents that are out of reach for many households, has increased housing instability among low- income families placing them into homelessness or at severe risk. While families may be able to hide their homeless status by temporarily staying at the home of a friend or family, these arrangements are not permanent, can be stressful, can fracture relationships, and in some cases, place children at-risk in unsafe environments. It is therefore important to reimagine a local homeless response that addresses the needs of unsheltered homeless adults and the needs of families experiencing or at imminent risk of homelessness. • Dedicate a fulltime, proactive homeless outreach team to respond to constituent concerns and connect unhoused people to local services. In all three cities, law enforcement is assigned to respond to calls for service for people experiencing homelessness. The service call volume is significant, as according to one law enforcement department approximately fifty percent of service calls involve substance use, mental health and homeless. Page 24 of 203 15 keeping themselves safe. Staff also would like to increase communication with fellow department heads within their jurisdictions and across jurisdictions to share concerns, best practices, and leverage resources such as staff training, data collection, and dedicated homeless navigators. • Create an easier system for people to access and navigate homeless services: Homeless services should be streamlined through the creation of a central access point. Residents, public servants, and people in need do not know how to access various homeless services, although there is strong recognition that many exists. Local homeless service providers participate in the Change the Trend meetings to exchange information on services, client needs, and pooling together funding for resources such as emergency motel vouchers. However, there is a need to formalize these efforts and increase the capacity of Change the Trend or incubate a new organization that can hire staff and become designated as the single point of contact for local homeless services. • Increase data collection and tracking practices: While each jurisdiction participates in the national Annual Point in Time Homeless Count, it is now commonly understood that this single-night snapshot is not an accurate assessment of who is homeless within each community, nor is it able to inform understanding of needs to exit homelessness. Data systems that offer a more near-real-time understanding including the Homeless Management Information System (HMIS), a HUD mandated regional database that stores individual demographic data and captures entrance and exits of persons in and out of HUD funded programs; and Metro Denver Homeless Initiative’s OneHome Coordinated Entry Database. OneHome is a database that collects assessment data on individuals along with various housing opportunities to create a match between the needs of a person and the funding source to best meet those needs. Both databases are currently underutilized by local providers due to limited staff and technology capacities. ` At the same time, city staff and contracted providers, are also storehouses of data for people experiencing homelessness that could be leveraged to inform the deployment of city resources to proactively address emerging concerns such as a growing encampment. However, data collection among city staff is currently informal and mechanisms to collect and share data would have to be put in place. • Enhance local and regional coordination: Homeless services in the Tri-Cities region need a central champion to continue to drive its homelessness agenda forward. Homelessness is a complex human crisis that requires dedicated attention to guide and prioritize policies, coordinate public services and nonprofit service providers, liaison with other jurisdictions, and advocate for funding. A high-level, influential body representing local political will, is needed to oversee the implementation of this Homeless Action Plan and keep the community and other stakeholders abreast of progress to sustain public support and trust of this initiative. The Tri-Cities Homelessness Policy Committee partially fulfills this role, however, is all volunteer body with no full-time staff to execute these duties daily. • Dedicate a fulltime, proactive homeless outreach team to respond to constituent concerns and connect unhoused people to local services: In all three cities, law enforcement is assigned to respond to calls for service for people experiencing homelessness. The service call volume is significant, as according to one law enforcement department approximately fifty percent of service calls involve substance use, mental health and homeless. To meet constituent demand, the cities have each partnered with All Health to create a Co- Responder Program. However, while the Co-Responder Program is a partnership between a clinician and law enforcement officer that responds to mental health, domestic violence, and behavioral health crisis among the general population that may include people experiencing homelessness, it is not a dedicated homeless outreach team as found as a best-practice in cities across the country. Page 25 of 203 16 However, the City of Englewood recently launch a pilot to create a case management model that pairs a case manager with law enforcement, to meet with chronically homeless people. This case manager conducts the Vulnerability Index – Service Prioritization Decision Assistance Tool (Vi-SPDAT) assessment with clients and enters their information into the OneHome Coordinated Entry System to position persons for housing opportunities. The program is demonstrating promising results. The expansion and sustainability of this model will require additional funding. • Leverage partnerships to proactively address the health and behavioral health of single adults experiencing unsheltered homelessness: Evidence31shows that providing housing is one of the most cost-effective health interventions for people who experience chronic homelessness. Experiencing homelessness on the street exacerbates chronic medical and behavioral health conditions, that are costly to local governments and create life-threatening results. According to the County Coroner’s Office, during the period of January 2020 to January 2021, 17 people experiencing homelessness in Arapahoe County died of natural causes on the street, 22 died by drug overdose, and 4 by hypothermia, possibly exacerbated by substance use. Therefore, strategies that keep people safer on our streets are essential components of an adequate response to homelessness. Nationally, cities and counties have partnered with healthcare partners to create non- emergency interventions that have reduced the use of emergency services, adverted public spending on such services, and improved lives. Health networks have invested internally through the creation of “patient navigators” who help homeless patients connect to interim housing or other programs before discharge, and as external funders to support multidisciplinary homeless outreach teams, street medicine teams, and mini-health clinics located inside of homeless navigation centers. The Tri-Cities region is rich with healthcare partners including Tri-County Health and Sheridan Health Services, who have expressed interest or are operating street-based programs that engage people experiencing homelessness. It is recommended that the cities, county, homeless service providers, and the healthcare entities come together to explore ways to increase street-based physical and behavioral health interventions to save lives, improve neighborhood conditions, and build rapport to guide people into housing and supportive services. • Expand housing opportunities to increase successful exits from homelessness: Placement in permanent affordable housing is an evidence-based practice to end one’s homeless episode.42Cities and counties across the country have developed innovative ways to create housing opportunities for individuals and families exiting homelessness. Some cities allocate a percent of their housing authorities housing choice vouchers by preferencing homelessness in their application process. Others provide rapid rehousing through federal, state, or local funding sources. Still others incentivize landlords to accept housing subsidies from people exiting homeless and some modify local zoning codes to allow for shared housing to increase affordability. 3 http://endhomelessness.org/wp-content/uploads/2016/04/housing-first-fact-sheet.pdf; https://apha.org/policies-and- advocacy/public-health-policy-statements/policy-database/2018/01/18/housing-and-homelessness-as-a-public-health- issue 4 https://endhomelessness.org/resource/data-visualization-the-evidence-on-housing-first/; https://endhomelessness.org/ study-data-show-that-housing-chronically-homeless-people-saves-money-lives/; https://files.hudexchange.info/resources/ documents/Housing-First-Permanent-Supportive-Housing-Brief.pdf Page 26 of 203 17 Permanent supportive housing (PSH) is an evidence-based housing model that provides housing retention success for persons living with chronic physical and mental health conditions. PSH includes a rental subsidy, wrap around supportive services (i.e., case management, substance use counseling, mental health services, financial management). Research shows that this form of housing decreases emergency room visits, length of hospital days, psych admissions, Medicaid costs, justice involvement while increasing retention in stable housing into the range of 79% to 93%.51Although a best practice to intervene in chronic homelessness, there are currently no PSH units within the Tri-Cities region. 5 Tenancy Supports for Coloradans Experiencing Long-Term Homelessness, CoDOLA, updated 3/1/2019. A copy is in Appendix 2. Page 27 of 203 18 Recommendations and Action Steps The following recommendations and action steps are offered to Tri-Cities city and county policymakers, and wider public for consideration. The recommendations were informed by the cumulative findings presented in the last chapter and seek to address the needs of individuals and families experiencing homelessness in balance with the needs, cares, and concerns of the entire community. The recommendations are in alignment with national, state, and regional best practices and evidenced-based solutions to address homelessness at the local level. The National Alliance to End Homelessness defines an effective homeless response system as one that identifies those experiencing homelessness, prevents homelessness, when possible, connects people with housing quickly and provides services when needed. Common programs of crisis response systems include: • Outreach • Coordinated Entry System • Diversion and prevention • Emergency shelters and interim housing • Permanent Housing The State of Colorado61and Metro Denver Homeless Initiative (local Continuum of Care) have adopted these practices in the shaping of their homeless plans at the state and Metro Denver region. 6 Making Homelessness History in Colorado, Colorado Department of Local Affairs https://drive.google.com/ file/d/1dQ-FbbNyCW9ecpqBJcCkxrOad_5X7IsH/view Page 28 of 203 19 The recommendations are clustered into four key thematic areas, listed below, and are prioritized according to project readiness, available funding or eligibility for new funding, staff capacity, and time. The recommendations are also presented in narrative format to include a more detailed description and community examples, and a matrix on page 32 that outlines funding sources and proposed assignments of activities. The four key thematic areas: 1. Building a Strong Foundation 2. Single Adult System 3. Workforce Development 4. Family System 1. Building the Foundation The first series of recommendations focus on building a solid foundation with an eye towards strengthening local governance of homeless programs, data collection, cross-jurisdictional partnerships, and community engagement. While the Tri-Cities region is a part of the Metro Denver Homeless Initiative Continuum of Care, it is still important that local jurisdictions collaborate together to create additional resources for homelessness housing and services. A strong governance structure builds local capacity, supports coordination across governmental entities and nonprofit partners, and attracts additional public and private funding for homelessness programs. Page 29 of 203 20 Recommendation #1.1 Build a Strong Governance Structure Action Step 1. Formalize a regional leadership body. Formalize the Tri-Cities Homelessness Policy Committee as the regional leadership body for the cities of Englewood, Sheridan, and Littleton. Adopt a strategic vision to set-forth the direction of homelessness policy, an annual legislative agenda, transparent provision of benchmark achievements, and liaison with external regional coordinating bodies and policymakers. Action Step 2. Create a regional Homelessness Coordinator. Pool city, county, private foundation resources to hire a full-time limited term (possibly 3 years) Homelessness Coordinator (The Coordinator) to staff the Tri-Cities Homeless Policy Committee and be a single-point-of-contact on homelessness for the region. This would be a senior leadership position with authority to convene stakeholders across the Tri-Cities region. The Coordinator will develop strategic partnerships with key organizations such as the local School Districts, Tri-County Health, and the Denver Foundation to leverage programs and resources. The coordinator could liaison with homelessness-related staff in surrounding communities to engage in joint advocacy for policies and funding at local, regional, and statewide levels; encourage participation of service providers, first responders, business and faith-based groups, and residents in community roundtable discussions to increase education on homeless solutions. The coordinator could also be a single point of contact for service providers and community members, including those experiencing or at risk of homelessness. Action Step 3. Increase Local Government Staff Capacity to Address Homelessness Local leadership may want to work with staff to help clarify roles and expectations on addressing homelessness within their organizations. Staff engaged in providing city services to unhoused constituents should receive training to increase their safety and cultural humility skills to serve this vulnerable population. Examples of standard trainings include Mental Health First Aid, Trauma- Informed Care, De-escalation Training, and safe handling and disposal of biohazards and sharps. Several trade organizations such as the American Library Association and the National Recreation and Park Association, offer rich resources on homelessness for training, issue briefs, and peer support. The Homeless Training Institute also provides training for local government staff. Local government staff should also be encouraged to collect and track data on services provided to people experiencing homelessness to help leadership understand the expenditure of resources, identify service gaps, and monitor emerging concerns such as new encampment. There are a wide variety of data collection tools used by cities including Survey123 and Akdio Lab’s Project Connect for more sophisticated data collection efforts to meet the needs of highly vulnerable clients. Page 30 of 203 21 Action Step 4. Create a Lived Experience Advisory Board The National Alliance on Homelessness and national philanthropic funding partners strongly advocate for the inclusion of persons with lived experience as a formal part of unified homeless response systems. It is recommended that Tri-Cities or the County’s emerging regional coordinators, create a Lived Experience Advisory Board (LEAB) to help guide and develop programs and policies that address homelessness within the region. It is further recommended that the LEAB be composed of five to seven members who are currently housed but have experienced homelessness within the region. Participants should receive a stipend or honorarium for their contributions. Examples: CSH Speak-Up, San Jose, CA, Baltimore Lived Experience Advisory Committee Recommendation #1.2. Formalize a Data-Driven Approach to Guide Allocation of Homeless Resources The Tri-Cities region is a part of the Metro Denver Homeless Initiative (MDHI) Continuum of Care (CoC), an entity that receives federal and other funding to address homelessness. As the CoC, MDHI oversees the implementation of two important databases to collect homelessness data. The first is the Homeless Management Information System (HMIS) and the second is OneHome, the database for the local coordinated entry system. Access to both programs is free to homeless service providers. Action Step 1. Increase participation in the Homeless Management Information System (HMIS). Increased utilization of data-entry into the Homeless Management Information System (HMIS) is a critical step to increasing understanding of who is experiencing homelessness in the region, what are their needs, and if they already connected to services. Using data collected in an HMIS enables communities to better understand the local needs and dynamics among specific subpopulations of people experiencing homelessness, as well as measure the performance of their approaches to preventing and ending homelessness. The database also enables providers to provide consistent care by reviewing notes on previous homeless interventions to prevent the client from having to retell their story. Local governments can support this action step by encouraging their homeless service agencies to participate in data-entry into the HMIS system. Local governments and private foundations can also support by removing participation barriers to using the HMIS system by providing computer equipment (i.e., laptops, tablets) and access to high-speed and consistent wi-fi or other form of internet access. MDHI will assist organizations download the software and issue software licensing as well as provide training and ongoing technical assistance, for free. *While law enforcement has a role in the provision of homeless services, federal policy forbids the use of HMIS by any law enforcement agency. HMIS Factsheet Page 31 of 203 22 Action Step 2. Increase referrals to MDHI’s OneHome71Coordinated Entry System (CES). Coordinated Entry Systems (CES) are local processes applied to prioritize homeless populations for limited supply of housing resources. The use of coordinated entry systems is also to ensure that access to resources is equitable. In response, most communities use their CES to help identify and prioritize people based on various forms of vulnerabilities defined by the local communities. For instance, some communities prioritize people actively fleeing from domestic violence, persons with severe mental health or physical health conditions, and others unsheltered persons over the age of 65. To help assess a person’s eligibility based on local priorities, communities utilize a HUD approved assessment tool. The Vulnerability Index and Service Prioritization Decision Assistance Tool (VI-SPDAT) is one of the most popular assessment tools and is the current tool used by the Metro Denver Homeless Initiative (MDHI) Continuum of Care (CoC). Assessment scores are then entered into a customized database that may be separate from the HMIS platform. MDHI utilizes a CES database called OneHome. OneHome is a database that creates a technical platform to manage a list of clients awaiting housing, their housing needs and eligibility criteria (e.g., veteran status, mental health disability), and new housing opportunities that come online and shared with MDHI. The OneHome system then prompts case managers with possible matching opportunities for clients who meet the eligibility requirements for a specific housing opportunity. For example, an elderly Veteran is assessed by a case manager and his information is entered into the OneHome database. The local housing authority receives 10 new housing vouchers for Veterans. The case manager searches his client list in the OneHome database for potential matches. Based on the client’s age, disabilities, and Veteran status, his name may populate a list of eligible clients able to take advantage of one of the new housing vouchers for Veterans. Unlike the HMIS system, not all providers will assess people and enter data into the local CES due to the very sensitive information that is collected as part of the VI-SPDAT assessment questionnaire. Instead, usage is often limited to case managers who have a direct involvement on a person’s care team and is responsible for matching clients with housing resources. Currently, the City of Englewood’s homeless case management program embedded within Englewood Police Department is one of the few providers conducting the Vi-SPDAT assessment and entering eligible clients into the OneHome system. As more providers build capacity, especially if a lead provider emerges and operates the proposed navigation center, it is encouraged to expand Vi-SDAT assessments among the single adult population and enter their information into OneHome to place them in line for housing. Housing placement wait times vary depending on available housing resources, however OneHome participation significantly increases a person’s ability to be housed. 1 https://www.mdhi.org/onehome_community_training Page 32 of 203 23 Action Step 3. Partner with Community Solutions Built for Zero initiative to build capacity by addressing the needs of specific subpopulations. Built for Zero is a national campaign to end chronic and Veteran homelessness in the U.S. by applying a data-driven approach to help people experiencing homelessness, service providers and local leaders see reductions in homelessness in 2021 and beyond. A key component of the Built for Zero framework is to work with local communities such as Tri- Cities to select a specific sub-population and allocate homeless housing resources towards that population. Examples of subpopulations selected by communities across the country participating in the Built for Zero initiative include Veterans, chronically homeless persons (those who are homeless for over a year with a chronic health of mental health condition), or frequent users of local police and fire services. Once a subpopulation is identified, local homeless service providers then create a confidential “By-Name List” of persons engaged in homeless services who meet the subpopulation criteria. Through a mechanism called case-conferencing, the providers meet weekly to discuss the status of housing and service connection for each client on the list. All client updates are entered into the HMIS system. The goal is to leverage resources and knowledge on the clients to help streamline their placement into housing. Through MDHI, Tri-Cities is working with the Colorado Built for Zero team. To date, a Built-for-Zero Homeless Coordination Team with a focus on Tri-Cities has been established and this team is participating in the Metro Denver Regional Design Team. MDHI has also assigned an Improvement Advisor and staff to support Tri-Cities entrance into this work. Action Step 4. Develop a system of tracking and reporting on plan implementation and outcome achievement The use of performance measures is critical to understanding both the short-term success of program implementation, as well as the long-term success of achieving key outcomes for those experiencing homelessness and the community as a whole. Performance metrics can be added over time to track progress on the implementation and development of components of the plan in all areas, ranging from implementing voucher programs to developing a governance structure. Over time, the Tri-Cities Homelessness Policy Committee and the coordinator position can work with stakeholders to develop outcome metrics designed to ensure that the activities of the plan are working effectively to achieve measurable outcomes for people experiencing homelessness such as housing and job placement. Metrics will be developed using best practices from other cities and government entities and regional service providers, and they should be reported to the three councils and other stakeholders on a routine basis. Recommendation #1.3. Create a Community Education and Engagement Strategy Action Step 1. Create a centralized Tri-Cities webpage outlining the unified homeless response. Increased transparency of the region’s plan to address homelessness and updated progress reports may increase community ownership and support of the overall effort. While each city currently lists its homeless services, a central webpage may be easier to navigate. The webpage could host the following content: Page 33 of 203 24 • Portal to request homelessness services for self or on behalf of a homeless neighbor (see Recommendation # Action Step) • Downloadable educational materials on homelessness • Success stories to highlight people who exited from homelessness through employment or placement into housing. • Volunteer opportunities with local homeless service providers • Progress updates on the implementation of these recommendations Englewood and Littleton currently host a landing page for local homeless services. A partnership with Denver University students was initiated before the pandemic to consolidate these efforts into a single page. As operations resume, it may be possible to reengage this resource to implement this action step. Examples: Westside Cities Council of Governments, San Gabriel Valley Council of Governments Action Step 2. Streamline volunteer and giving opportunities to help neighbors in need. Engage the local community in opportunities to learn more about homeless solutions and participate as a “neighbor helping a neighbor” through streamlining local volunteer opportunities, engagement events, and ways to give. Local organizations across the country have created centralized webpages for volunteer opportunities with online applications and sign-up ability. They have also created dedicated community funds to support homelessness programs. Community giving opportunities create the ability to leverage private contributions to make a significant collective impact. These funds are usually managed by a local community foundation with oversite and guidance on grantmaking provided by an appointed community advisory board. The South Metro Community Foundation is a new philanthropic organization in the region that has expressed some initial interest in becoming involved in local homeless solutions. As the foundation grows, it may be a potential partner to manage a community fund dedicated to local homeless programs and this possibility should be explored. Examples: We Are Santa Monica; We Are Santa Monica Fund Action Step 3. Create a Welcome Home Community Engagement Program Engage community members in conversations about the myths and facts about homelessness while assembling “welcome home” baskets for people who successfully move into housing. Welcome Home Assembly events could be sponsored by a local church, civic organization like the Rotary Club, and even in a private home for a coffee chat. Nonprofit or city staff could participate by providing the educational content, while neighbors join neighbors to assemble laundry baskets with many small household items such as cleaning supplies, bath towels, bedsheets, coffee pot, dishes, and utensils, etc. Examples: Welcome Home Project, SFAR Foundation Page 34 of 203 25 2. Meeting the Needs of Single Adults The next series of recommendations focus on addressing the needs of single adults experiencing homelessness by streamlining pathways to access services. Recommendation #2.1. Streamline access to homeless services for single-adults within the Tri-Cities Region. Action Step 1. Designate a lead service provider to coordinate services for single adults. Invest in Change the Trend, or an incubated nonprofit guided by the organization, to build local capacity to coordinate homeless services for single adults among public, nonprofit, and faith-based providers. As the service provider lead, this entity will set the pace, standards, and expectations for participating homeless services providers to ensure seamless access to service provision. The lead service provider will also be responsible for problem-solving emerging challenges in communication with the regional homeless coordinator; interface regularly with local providers and volunteer organizations through continuing monthly convenings; and host weekly case conferencing on people experiencing homelessness and actively receiving homelessness services, to monitor and advance their movement into housing. Page 35 of 203 26 Action Step 2. Create a Central Navigation Center. A dedicated space for walk-ins and client referrals is needed to help transient populations build trust, learn about services, and receive navigation support to apply for benefits and programs. Navigation centers across the country vary in size, scope, and service provision based on the needs and resources of the hosting community. The key function of navigation centers is to create a central access point to connect people to available housing and services. The lead homeless service provider may co-locate within the navigation center and be responsible for daily operations. Initial space may co-locate in an existing homeless service agency, however long-term the provider may want a stand-alone location that has capacity to support the co-location of additional county and nonprofit services, and provision of client basic needs such as day-storage, showers, mailboxes, laundry, and pop-up shelter for inclement weather or other emergencies. In addition to a central site, the central navigation center may want to leverage the existing relationships between current informal access points such as local libraries and recreation centers or the number of social cafes, and people experiencing homelessness to create satellite access points. The sites can build rapport by meeting basic service needs and refer clients to the navigation center for more comprehensive services. Examples: Project HOME Hub of Hope, Center at Blessed Sacrament, Saint Francis Center, and City of Freemont Action Step 3. Create an online platform to request homeless services. To reduce police responses to non-emergency homeless calls, an online service platform could be created to educate the public and persons seeking homeless services on available programs, eligibility, and how to access the programs. Management of the site would have to be determined; however, it should be in close communication with the lead service provider. The platform should offer an online service request option so that an individual or concerned neighbor could set up an appointment with staff at the central navigation center or request a visit by the outreach team to engage people experiencing homeless in local services. The site could also have links to cities and county resources too, such as city service request portals and the County’s ArapaSource site. The public should also be reminded that all requests are for non-emergency services only and expectations set on approximated response times. This online system could be a part of the regional webpage on homelessness described in Recommendation 1.3, Action Step #1. Examples: City of Santa Monica’s online 311 system, Los Angeles Homeless Service Authority’s LA HOP Portal, and Tri-Cities Homelessness & Housing Task Force (British Columbia, Canada). Recommendation #2.2. Provide Street-Based Services to Increase the Health and Wellbeing of Unsheltered Residents Action Step 1. Launch a Coordinated Outreach Team. Multidisciplinary street teams are a best practice deployed by many communities to proactively engage persons experiencing unsheltered homelessness. These programs include cross-functional Page 36 of 203 27 teams that often include case managers, peer support specialists, substance use counselors, and social workers. The City of Englewood Homeless Case Management program embedded within the local police department is a preliminary model that can be scaled and expanded, and even placed within a nonprofit organization to increase eligibility for various forms of homelessness funding. Ideally a coordinated outreach team for the Tri-Cities region would consist of two roving 2-to-3-person outreach teams that for at-least 5 days a week are engaging the street population and helping them navigate enrollment into the various homeless programs. Often it takes time for outreach workers to build rapport with people experiencing homelessness, so it is not out the norm for a case manager to make and accommodate someone to a doctor’s appointment, help them apply for public benefits online or in-person, or even help the person reconnect back with family. Consistency is the key to trust and that is way a 5-day a week team dedicated to outreach is necessary. Other activities that the street outreach team can provide include securing certified copies of birth certificates or state identification cards so that people can apply to programs and entering client information into the HMIS and OneHome systems. Examples: Santa Monica C3 Team, City of Austin Homeless Outreach Street Team Action Step 2. Continue to Support Local Meal and Food Distribution Programs. Throughout the COVID Pandemic, many of these programs found creative ways to continue to provide meals to people experiencing homelessness, including the creation of a Community Fridge. These touchpoints may have been the only point of human contact for some within this community. As these programs reopen, it is hoped that they will have the financial capacity to continue to serve unhoused neighbors. An enhanced service once reopened, would be for meal programs to leverage their trusted relationships with unhoused residents and connect them to HMIS and/or food stamps through ArapaSource to support their pathways toward housing and self-sufficiency. Examples: Graceful Cafe, Cafe 180 Action Step 3. Pilot a Safe Parking Program. According to the Center for Housing and Homelessness Reports on Homeless Families and People Experiencing Chronic Homelessness, 35 people reported sleeping in a car, van, or RV the night before the interview, and 142 people had at least one night over the past two years. Persons who are newly homeless tend to sleep in their car while trying to maintain other supports such as employment, proximity to family members, and to stabilize school access for children. In the era with limited options for interim and permanent housing, Safe Parking programs have emerged over the past few years to use public and private parking lots after-hours to offer a safe place to sleep. Participants must pre-register to access the parking lots and have an operable vehicle. Some programs require participation in employment, school, or social services, while others allow people to stay if they are taking steps to move into permanent housing. Safe parking programs also offer basic need services such as access to restrooms, mobile showers, overnight security, and to-go dinner and breakfast meals. Local zoning laws may create barriers to safe parking on private lots such as church lots or shopping malls and should be reviewed to assess feasibility. Examples: Safe Parking LA, Overlake Christian Church Page 37 of 203 28 Action Step 4. Convene local mental, physical, and behavioral healthcare providers to explore the creation of a medical street team. The Tri-Cities region is rich with many healthcare providers that engage people experiencing homelessness but may be slightly disconnected to the network of local homeless services. Street- based medical teams dedicated to serving this population have had a significant impact on increasing the health and wellbeing of street populations through the provision of wound care, vital health screenings, renewing prescriptions for physical and mental health care, and most recently providing COVID testing and vaccines. They differ from the homeless outreach teams because their primary focus is to provide medical and behavioral health care to help stabilize someone to increase their likelihood to then want to take advantage of housing and supportive services. Medical street teams reduce expensive emergency services such as ambulance transports, emergency room visits, and sever deteriorating health conditions. Ideally, a medical street team is multidisciplinary and includes a license social worker, public health nurse, and substance abuse counselor, and visiting physician or nurse LPN or emergency medical tech (EMT). Strong possible partners to engage include Tri-County Health, Sheridan Health Services, All Health, the local Veteran Affairs hospital, local medical and social work schools. Examples: Santa Monica Homeless Multidisciplinary Street Team, Street Medical Institute Recommendation #2.3. Expand Housing Opportunities for Single-Adults Exiting Homelessness The action steps listed below represent low-barrier housing options applied in other communities to create housing opportunities for people existing homelessness utilizing existing housing stock and housing subsidies. It should be noted, that while they are low barrier compared to developing a new housing site, further analysis of local code, zoning, and licensing must be conducted to determine feasibility as viable options. Action Step 1. Promote shared housing as a viable option to increase housing affordability. Shared housing is the ability to rent rooms in a single-family dwelling to unrelated persons to make the housing affordable to all. Occupants each have their own lease that provides access to a private bedroom and shared common spaces such as the bathroom, living room, and kitchen. Shared housing works best when it is facilitated by a service organization who can help match tenants based on personalities, interests, and needs, and help mitigate roommate conflicts. Example: Share, Inc. Action Step 2. Strengthen outreach to private landlords to increase participation in housing rental subsidies. Currently, the local housing authorities outreach to landlords with limited capacity funded through an external grant. More robust landlord engagement programs provide dedicated funding for signing bonuses, additional security deposits, minor repairs so that units pass the housing authorities’ inspections, and vacancy loss and damage payments. Funding is also provided for an ongoing case manager to help mitigate conflicts to prevent evictions and help clients stay housed as good neighbors. Landlord services also keep landlords active in the program to continue their acceptance Page 38 of 203 29 of housing choice vouchers without stigma. Local governments in communities with low vacancy rates have provided incentives to landlords to participate in housing authority housing choice voucher programs such as waiving business license fees for landlords who rent to tenants exiting homelessness within the city. Local Veteran Affairs have also sponsored landlord incentives to increase rentals to homeless Veterans. Example: Lease-up Action Step 3. Sponsor a feasibility analysis to determine the approximate number of Permanent Supportive Housing (PSH) units required to end chronic homelessness in the Tri- Cities Region. PSH is an evidence-based housing model that provides congregate or scattered site housing units to vulnerable persons who have experienced long-term homelessness and have a disabling mental and/ or physical disability. The housing unit is subsidized and supportive services such as mental health, substance use, financial management, are provided at appropriate levels for as long as the person needs it. Retention rates for vulnerable persons placed into PSH averages at 79% to 93% after one year, higher than many non-PSH program models. PSH tenants are identified through the local community’s coordinated entry system. For Tri-Cities, this would be the OneHome system. Permanent supportive housing development projects are not easy to create due to their complex finance structure. The PSH funding model is often referred to as the “three-stool” model as it requires 1) capital dollars for construction, 2) ongoing rental subsidies to cover operating costs of the property, and 3) long-term supportive services funding to provide intensive case management and mental health and substance use interventions. Since there is a need to provide deep subsidies to make PSH units affordable, most PSH sites are developed by nonprofit housing developers who utilize low-income tax credits, project-based housing choice vouchers, in-kind land donated by local municipalities, county mental health or public health funding for services, and private funding to close any financial gaps. It is recommended that a feasibility study is conducted to assess the need for PSH in the region. The Housing Division of the Colorado Department of Local Initiatives or the Arapahoe County Department of Housing and Community Development Services may be great partners to conduct or hire a consultant to perform this study. 3. Workforce Opportunities Pathways to workforce opportunities is a viable strategy for some persons experiencing homelessness achieve financial self-sufficiency. There are many workforce models that help transition dislocated workers back into the workforce including transitional work and social enterprises. Some workforce programs are supported with transitional housing. Most programs also offer case management or job coaching support to help participants reacclimate to the job site. The following workforce strategies are offered to encourage the continued development of programs currently in negotiation and to expand the offering of existing programs to people experiencing homelessness. Recommendation #3.1. Create partnerships with existing workforce programs. Page 39 of 203 30 Action Step 1. Continue to pursue partnership with Bridge Home. Bridge Home is a comprehensive transitional work program that provides paid work opportunities through contract with local municipalities while offering interim housing and supportive services to prepare disenfranchised populations reintegrate into society as taxpayers. Currently the organization is conducting a feasibility study to see if it would be possible to open a residential site and office and is working with the cities to potentially provide temporary or seasonal work opportunities. Action Step 2. Promote Local Library Online Skills Training Programs. The local libraries provide access to many online programs for free for all patrons. The Bemis Library in Littleton for example, offers a Career Online High School residents aged 19 and over who have completed the 8th grade. Online/self-directed programs should be promoted by homeless service agencies, case managers, and librarians to people experiencing homelessness with low barriers to self-sufficiency and simply need support to increase skills, prepare resumes, and apply for employment. Action Step 3. Support the launch of Cross Purpose at Wellspring Church. Cross Purpose is a Denver based workforce development program that offers a six-month job training program for free to participants facing barriers such as homelessness, re-entry, and other circumstances where one needs a hand up. In the Fall, Cross Purpose will launch a satellite program at Wellspring to offer opportunities for people experiencing homelessness and others in the Tri-Cities region. Recommendation #3.2. Create employment opportunities for persons exiting homelessness. Action Step 1. Engage the local Chamber of Commerce. Engage local businesses and business groups in community roundtable discussions about hiring homeless and formerly homeless individuals, providing job training, or becoming an employment site for Arapahoe/Douglas Works! Program graduates. Page 40 of 203 31 4. Develop a streamline system to address the needs of families at imminent risk and experiencing homelessness. Recommendation #4.1. Streamline access to homeless services and prevention for families experiencing or at imminent risk of homelessness within the Tri-Cities Region. Action Step 1. Engage the local school districts as a partner to help lead prevention and homeless services for families. All three school districts expressed active engagement in identifying and working with families experiencing or at imminent risk of homelessness through their Student Services staff. Through federal McKinney Vento funding for students, staff provide case management services, school supports and supplies, and make referrals to local resources for interim housing options at local motels and the Family Tree Shelter. The staff expressed a desire to be more formally involved with the local response system to advocate for more resources for families and stay up to date on housing and behavioral health resources designated for families. Action Step 2. Designate a lead service provider to coordinate services for families. Similarly, as recommended for single-adult services, it is advised to designate a lead organization to be the central coordinator for resources dedicated to family homelessness in the region. Family Tree may be a natural partner as the organization currently operates an interim housing facility in Sheridan and works closely with the local school districts. A next step could be engaging their leadership to gauge interest in taking on this leadership role and identify additional resources needed, if any. Page 41 of 203 32 Recommendation #4.2. Prevent Families from Becoming Homeless Action Step 1. Collaborate with the school districts to ensure that school families-at-risk of homelessness are aware of new eviction prevention programs. Arapahoe County recently received nearly $10 million dollars in CARES Act funding to protect families at-risk of eviction from inability to pay rent due to COVID-19 related job loss. Due to disparities in technology access, not every family will be able to navigate online applications to apply for the funding/and or have been notified that funding is available. As additional funding is allocated to help families recover, the regional family coordinator could bridge support by working with the school districts to identify families and help them apply for relief. Action Step 2. Pilot a peer-support specialist program to extend outreach to immigrant families at-risk of homelessness. Immigrant families may be silently falling into or at great risk of homelessness due to COVID-19 job layoffs and evictions, however, are not seeking assistance. There are many fears and sometimes cultural shame in accessing public and private resources for assistance. Peer based support models may be an appropriate intervention to outreach to these families. Promotoras are one peer-based model that utilizes community health workers in a variety of roles to educate marginalized households on local resources and encourage utilization to increase social and health outcomes. Locally, Sisters of Color United For Education hosts a promotoras program. Outreach to this organization to explore possibilities of expanding or replicating services to liaison with immigrant families with children enrolled in the local school districts may increase economic, health, and social outcomes for all and prevent these families from falling into homelessness. Example: Sisters of Color United For Education, Rural Community Health Workers Recommendation #4.3. Increase Housing Opportunities to Families Action Step 1. Work with local housing authorities to explore possible ways of expanding Housing Choice Vouchers (HCH) to families exiting homelessness. For the first time in decades, housing authorities across the country are expected to receive an increase in housing choice vouchers under the American Rescue Plan. If the local housing authorities are awarded extra vouchers, it is recommended that they assess the reasonableness of allocating81a number or percentage to families exiting homelessness. Rigorous studies92demonstrate that housing choice vouchers create a pathway out of poverty for families by allowing them to secure stable housing, increased access to opportunity neighborhoods where parents may find higher wage jobs and children may benefit from increased quality education. The local housing authorities should work closely with MDHI, the local continuum of care, to explore the feasibility of increasing housing choice vouchers through application to special programs including President Biden’s Emergency Housing Vouchers allocated under the American Rescue Plan, and vouchers designated for youth aging out of foster care or for parents seeking to reunite with children in the child welfare system. 8 http://www.evidenceonhomelessness.com/topic/rental-housing-subsidies 9 http://www.evidenceonhomelessness.com/wp-content/uploads/2019/07/evidence-page-children-and-families- updated-2019.pdf; https://www.cbpp.org/research/housing/research-shows-rental-assistance-reduces-hardship-and- provides-platform-to-expand Page 42 of 203 33 Recommendation Action Step Recommended Project Sponsor(s) Project Year Estimated Cost Potential Funding Source Current Status 1.1 Build a Strong Governance Structure 1. Formalize a regional leadership body County and Tri-Cities Policy Council 1 In-Kind County, Cities In-Progress The Arapahoe County is convening partners to create a countywide regional coordinating body. 2. Create a regional Homelessness Coordinator Position Tri-Cities Homeless Policy Council, County 1 $50,000 to $80,000 a year for 3 years. Private philanthropy, Cities, County New Concept 3. Increase local government staff capacity Cities 1 In-Kind to $5,000 per city County, Cities, free trade training. In-Progress Several departments have begun providing homeless related training. 4. Create a Lived Experience Advisory Board County, Homeless Coordinator Homeless Providers101 2 $10,000 Private philanthropy, Cities, County New Concept 10 Homeless Providers refer to organizations currently providing homeless services and future lead organizations of the single adult and family pathways. Appendix 1: Matrix of Recommendations and Action Steps Page 43 of 203 34 Recommendation Action Step Recommended Project Sponsor(s) Project Year Estimated Cost Potential Funding Source Current Status 1.2 Formalize a Data-Driven Approach to Allocated Resources 1. Increase participation in HMIS Homeless Providers 1 In-Kind MDHI In-Progress The Severe Weather Shelter Network organizations are increasing utilization of data input into the HMIS system. 2. Increase referrals to MDHI’s OneHome System Homeless Providers 1 In-Kind MDHI In Progress Case Manager assigned to Englewood Police Department is entering eligible clients into the OneHome System. 3. Partner with Built for Zero Tri-Cities Policy Council, Homeless Coordinator, Homeless Providers 1 In-Kind Community Solutions, Tri-Cities, Homeless Providers, Veterans Affairs, Housing Authorities In Progress Currently participating in Built-for-Zero’s Metro Denver Regional Design Team and are establishing a Homeless Coordination Team focused on Tri- Cities. 4: Develop a system of tracking and reporting on plan implementation and outcome achievement Tri-Cities Policy Council, Homelessness Coordinator 1 In-Kind County, Cities New Concept While the use of metrics has previously been discussed, the approach to developing a holistic system of metrics that are utilized to monitor progress and share results is a new concept. Page 44 of 203 35 Recommendation Action Step Recommended Project Sponsor(s) Project Year Estimated Cost Potential Funding Source Current Status 1.3 Create a Community Education & Engagement Strategy 1. Create a centralized Tri- Cities webpage Tri-Cities Policy Council, County, Homeless Coordinator, & Homeless Providers 1 In-Kind to $5,000 Cities, County, Healthcare Partners, Business Community In Progress The cities of Englewood & Littleton host a landing page for homeless resources and will engage D.U. students to assist in creating a single page. 2. Streamline volunteer and giving opportunities Tri-Cities Policy Council, Homeless Coordinator & Homeless Providers 2 $5,000 to $10,000 for software license Philanthropy, Business Community, Tri-Cities In Progress South Metro Community Foundation has expressed interest in engaging in local homeless solutions and local stakeholders have identified it as a potential partner in the future. 3. Create a Welcome Home community engagement program Homeless Providers & Chamber of Commerce 1 In-Kind Business Community, Community-at- Large New Concept Page 45 of 203 36 Recommendation Action Step Recommended Project Sponsor(s) Project Year Estimated Cost Potential Funding Source Current Status 2.1 Streamline Access to Homeless Services for Single-Adults 1. Designate a lead service provider MDHI, County, Tri-Cities, Homeless Providers 1 $150,000 MDHI, County, Tri-Cities, Private Philanthropy In Progress Change the Trend members are exploring the feasibility of incubating a dedicated organization out of one of their existing committees. 2. Create a central navigation center Tri-Cities Policy Council, County, and Homeless Providers 2 $25,000 pre- development feasibility study City and County CDBG, American Rescue Plan, Private Philanthropy In Progress Englewood is reviewing city- owned inventory for possible sites. Change the Trend created a proposal to manage the site through creation of a dedicated organization with staff. 3. Create an online platform to request homeless services County, Cities, Homeless Providers 3 In-Kind to $10,000 for software. County, Cities, Private Philanthropy New Concept Page 46 of 203 37 Recommendation Action Step Recommended Project Sponsor(s) Project Year Estimated Cost Potential Funding Source Current Status 2.2 Provide Street- Based Services in Increase Health & Wellbeing 1. Launch a coordinated outreach team County & Homeless Providers 2 $125,000 to $150,000 for staff County, Cities, Healthcare Partners, Business Community, Private Philanthropy New Concept 2. Continue to support local meal programs Community at large 1 In-Kind Community at large. In Progress Local meal programs are supported by a wide range of patrons and community members. 3. Pilot a safe parking program Homeless Coordinator, Homeless Providers 2 $10,000 to $25,000 for insurance, security, porta-potties Faith-based community, Private Philanthropy New Concept 4. Convene local healthcare providers to discuss feasibility of a street medicine team Tri-Cities Policy Council, Homeless Coordinator, Tri- County Health, Sheridan Health Services 3 In-Kind New Concept Page 47 of 203 38 Recommendation Action Step Recommended Project Sponsor(s) Project Year Estimated Cost Potential Funding Source Current Status 2.3 Expand Housing Opportunities for Single-Adults 1. Promote shared housing Cities, Housing Authority, Homeless Coordinator, Homeless Providers 2 In-Kind for city staff to review zoning and building code changes. Cities In Progress Cities are reviewing local codes and zoning to accommodate potential shared- housing site for the Bridge Home workforce program. 2. Strengthen outreach to landlords Housing Authorities, Chamber of Commerce, Veteran Affairs 2 In-Kind to $25,000 for “Move-In Incentives” State, Housing Authorities, Private Philanthropy, American Rescue Plan, Veteran Affairs In Progress Innovative Housing received a small private grant to launch a pilot. Renewed or new funding will need to be allocated to continue. 3. Sponsor a feasibility analysis for PSH State, County, Tri-Cities, Housing Authorities 3 $50,000 State, County, Private Philanthropy New Concept Page 48 of 203 39 Recommendation Action Step Recommended Project Sponsor(s) Project Year Estimated Cost Potential Funding Source Current Status 3.1 Create Partnerships with Workforce Programs 1. Continue to pursue Bridge Home’s Ready-to-Work partnership Cities 1 ?Cities, County, American Rescue Plan In Progress Bridge Home is conducting a feasibility study and will present findings to the cities in the coming weeks. 2. Promote local online skills training programs Cities, County, Homeless Coordinator, Homeless Providers 1 In-Kind Cities, County, Homeless Providers In Progress All three libraries offer formal or informal online skills training programs. They now need to be marketed to providers and unhoused residents. 3. Launch Cross Purpose (6-week career prep program) Change the Trend 1 In Progress Contracts are signed and prepared for a Fall 21’ launch. 3.2 Create Employment Opportunities 1. Engage the local Chamber of Commerce Homeless Providers 2 In-Kind Homeless Service Providers and Chamber of Commerce In Progress Change the Trend is partnering with the Englewood Chamber of Commerce to bridge relationships between the business and homeless provider communities. Page 49 of 203 40 Recommendation Action Step Recommended Project Sponsor(s) Project Year Estimated Cost Potential Funding Source Current Status 4.1 Streamline Services for Homeless Families 1. Engage the local School Districts as a resource partner Tri-Cities Policy Council, Homeless Coordinator, MDHI, School Districts 1 In-Kind Tri-Cities Policy Council, MDHI, School Districts In Progress The McKinney Vento liaisons are active members of Change the Trend meetings. 2. Designate a lead service provider MDHI, County, Tri-Cities, School District, Homeless Providers 1 $50,000 MDHI, School Districts, Private Philanthropy In Progress Family Tree is active in the region and could be a potential partner to lead the family strategy. 4.2 Prevent Families from Becoming Homeless 1. Promote new resources for homeless prevention County, School Districts, Homeless Providers. 1 In-Kind County, School Districts In Progress Promotional efforts are being made. 2. Pilot a peer-support specialist program to outreach to homeless families MDHI, School Districts, Homeless Providers 2 $25,000 for peer support specialist stipends School Districts, Healthcare Providers, Private Philanthropy New Concept 4.3 Increase Housing Opportunities for Families 1. Explore expanding HCV to families. MDHI, State and Housing Authorities 1-2 In-Kind Housing Authorities, MDHI, American Rescue Plan New Concept Page 50 of 203 41 Appendix 2: Report Limitations The following topics reflect national conversations on homelessness that did not emerge as themes to address during the research process, however, are listed with resources for future consideration. • Addressing the disproportionate rate of Black, Indigenous, and People of Color experiencing homelessness. National Alliance to End Homelessness; Strategic Partnerships for Anti-Racist Communities; Just Strategies • Safe spaces and culturally sensitive programs for LGBQT community members experiencing homelessness. True Colors United; National Coalition for the Homeless; The Trevor Project • Language access to ensure all critical documents are available in multiple languages. Language Justice Initiative; Los Angeles Homeless Services Authority • Adoption of the national Housing-First philosophical approach to address homelessness. National Alliance to End Homelessness; Utah’s Housing First Program • Reframing homelessness as a public health crisis and housing as a prescriptive intervention to save lives. Housing Matters; Health Affairs Page 51 of 203 42 Prepared by, Alisa Orduña Florence Aliese Advancement Network, LLC Page 52 of 203 Tri -Cities Homelessness Action Plan Update Englewood Council Study Session 7.24.23 Page 53 of 203 Plan Development •2018: Tri-Cities Homelessness Policy Group Established •2019-2020: Demographic and community research •University of Denver Center for Housing and Homelessness Research •PESTLE Analysis •2021: Action Plan development and adoption •Florence Aliese Advancement Network •2022-2024: Action Plan implementation Page 54 of 203 Plan Overview Building a Strong Foundation •Build a strong governance structure •Formalize a data-driven approach •Create a community education and engagement strategy Workforce Development •Create partnerships with existing workforce programs •Create employment opportunities Single Adult System •Streamline access to homeless services •Provide street -based services •Expand housing opportunities Family System •Streamline access to services •Prevent family homelessness •Increase housing opportunities Page 55 of 203 Year 1 -2022 Action Item Project Sponsor Status Building a strong foundation Formalize regional leadership body Tri -Cities Homelessness Policy Group Completed Create regional coordinator position Arapahoe County Completed Increase local government staff capacity Tri -Cities Homelessness Policy Group In-progress Increase participation in HMIS Change the Trend Completed Increase referrals to OneHome system Change the Trend Completed Partner with Built for Zero Change the Trend/SAFER Completed Develop system of tracking and reporting on plan implementation Tri -Cities Completed Create a Tri-Cities webpage Tri -Cities Completed Create a Welcome Home community engagement program Tri -Cities In-Progress Page 56 of 203 Year 1 -2022 Action Item Project Sponsor Status Develop a single adult system Designate a lead service provider Tri -Cities Homelessness Policy Group In-Progress Support local meal programs Graceful, Cafe180, ICFS, etc Completed Develop workforce development programs Support Ready to Work partnership BridgeHouse, Change the Trend, City/County In-Progress Promote online skills training programs Englewood, Sheridan, Bemis libraries In-progress Launch CrossPurpose CrossPurpose, Wellspring Church, Englewood Completed Promote new resources for homelessness prevention School Districts, McKinney- Vento liaisons In-progress Page 57 of 203 Year 1 -2022 Action Item Project Sponsor Status Develop a family system Engage local school districts Tri -Cities Homelessness Policy Group Completed Designate a lead service provider TCHPG In-Progress Projects Completed 10/17 Projects In-Progress 7/17 Page 58 of 203 Year 2 -2023 Action Item Project Sponsor Status Building a strong foundation Streamline volunteer and giving opportunities Completed Create a lived experience advisory board TCHPG Completed Develop a single adult system Create a central navigation center Navigation Center Implementation Committee In-Progress Launch a coordinated outreach team AllHealth Network Completed Pilot a safe parking initiative In-Progress Promote shared housing In-Progress Strengthen outreach to landlords In-Progress Page 59 of 203 Year 2 -2023 Action Item Project Sponsor Status Develop workforce development programs Engage local chambers of commerce In-Progress Develop a family system Pilot a peer-support specialist program to outreach to homeless families In-Progress Explore expanding HCV to families In-Progress Projects Completed 3/10 Projects In-Progress 7/10 Page 60 of 203 Year 3 -2024 Projects Completed 1/3 Projects In-Progress 1/3 Projects Planned 1/3 Action Item Project Sponsor Status Develop a single adult system Create online platform to request homeless services Completed Convene local healthcare providers to discuss street outreach team In-Progress Sponsor feasibility assessment for PSH Planned Page 61 of 203 Current Investment Action Item Englewood Tri -Cities Other Funding Notes Regional Coordinator Position $148,500 $330,000 Funding over 3 years Tricitieshomeless.com $2,481 Increase Local Government Staff Capacity $6,750 $15,000 Single Adult Lead Service Provider $67,500 $150,000 Pending Approval, tied to Navigation Center Page 62 of 203 Current Investment Action Item Englewood Tri -Cities Other Funding Notes Ready to Work (Bridge House) launch $850,000 $1,600,000 $5,500,000 Other funding sources: Arapahoe County ARPA, State ARPA (pending approval), Federal CDS program CrossPurpose launch $350,000 Private Philanthropy Lived Experience Advisory Board $4,500 $10,000 Page 63 of 203 Current Investment Action Item Englewood Tri -Cities Other Funding Notes Navigation Center $11,250 $25,000 $2,935,100 SMCF, County ARPA, working to submit application by 7/31 Safe Parking Pilot Program $78,750 $175,000 Pending approval Coordinated Outreach Team AllHealth PATH grant Landlord Engagement $11,250 $25,000 Page 64 of 203 Current Investment Total Allocated $1,389,231 $2,015,000 Total including pending requests $1,535,481 $2,340,000 Action Item Englewood Tri -Cities Other Funding Notes Streamline Volunteer and Giving Opportunities $4,500 $10,000 Page 65 of 203 Impact Action Item Current Impact Projected Impact OneHome Referrals Housing Placement of most vulnerable unhoused individuals Ongoing prioritization Built-for -Zero 11 veteran exists from homelessness Functional Zero veteran homelessness Ready to Work Up to 50 housing/job placements per year CrossPurpose 61 Program Graduates Up to 200 career placements per year Page 66 of 203 Impact Action Item Current Impact Projected Impact Navigation Center Up to 60 housing placements per year Outreach Team 223 total contacts, 59 case management clients Up to 80 outreach contacts per month, up to 25 case management clients per month Safe Parking Pilot Program Up to 35 safe parking spots in Tri- Cities, around 16 housing placements Landlord Engagement Up to 40 housing placements through 2024/25 Page 67 of 203 Next Steps/Regional Partnerships Current Focuses: •Navigation Center Contracting/Funding •Ready to Work facility renovation •Safe Parking Pilot Program •Landlord Engagement •Peer Support Program for families •Built-for -Zero expansion to all single adults •Funding sustainability •ARPA as capital, operations post- ARPA •Broken Tee Golf Tournament Regional Partnerships: •MDHI regional homelessness coordination meeting •Arapahoe County Homelessness Coordinating Committee •Change the Trend Network •Mayor Johnston Unhoused Providers Working Group Page 68 of 203 Questions?Page 69 of 203 CHRONIC HOMELESSNESS Study Results What is an approximate length of time you have lived on the streets or in shelters? Have you ever had permanent housing in Arapahoe County? The Center for Housing and Homelessness Research (CHHR) interviewed 121 people experiencing chronic homelessness from January 2020 to September 2020. Results show that people experiencing chronic homelessness face a series of interconnected and challenging issues that prevent them from securing housing. OCTOBER 2020 Where Participant Reported Staying: All Three Tri-Cities Sheridan Two of the Tri-Cities Other Littleton Englewood History of Housing & Homelessness Less than a year 1 to 2 years 3 to 4 years 5 to 9 years 10 to 20 years More than years 19 36 18 17 11 3 No 37%Yes 63%Parking Lot/ Stairwell/AlleyBackyards/Porch Garage/BasementOtherVanRVWith FamilyRiver/LakefrontCampsites/ParksWith FriendsEmergency ShelterTentCarHotel/MotelStreets5 6 2 7 8 12 4 24 3 25 4 40 5 45 8 51 10 56 4 59 14 63 25 69 10 72 41 100 2 6 6 13 29 65 Places where participants stayed the last two years and the night prior to completing the assessment. Tri-Cities Last Night Last Two Years Page 70 of 203 Participant Characteristics 56% Yes 42% No 69% Male 29% Female 30% 51-60 Years 18% 41-50 Years 26% 31-40 Years 16% 21-30 Years 10% 61 or Older Post-Graduate College Graduate Some College High School Grad GED Some High School K-8 2% 10% 21% 30% 17% 17% 3% 1% 7% 3% 2% 6% 6% 74% White Biracial Multiracial Latinx Native American AA/Black Asian Reported Gender Age Group Do you have children? Reported Level of Education Reported Race 2% Non-Binary 2% Prefer Not To Answer Top 10 Causes of Homelessness Top 10 Barriers to Housing (Participants selected multiple answer options therefore responses do not sum to 100%.) 51% Loss of Job 34% Relationship Issues 43% Unable to Pay Rent 30% Mental Health 43% Change in Employment 30% Loss of a Loved One 35% Unaffordable Expense 30% Eviction 34% Housing Cost Increase 29% Disability 46% Unable to Pay Rent 31% Unaffordable Expense 45% Housing Cost Increase 27% Low/No Credit Score 41% Loss of Job 26% Mental Health 31% Housing Waitlists 26% Disability 31% Change in Employment 21% Loss of a Loved One Page 71 of 203 FAMILY HOMELESSNESS Study Results What is an approximate length of time your family has lived on the streets or in shelters? When asked about the percentage of income spent on rent per month, 68% of participants reported spending 30% or more of their income on rent with 55% reportedly paying more than 50% of their rent. In 2020, the Center for Housing and Homelessness Research interviewed 49 caregivers of families who are experiencing homelessness. Results indicate several themes that led to their experiences of homelessness and make it difficult to acquire housing; affordable housing, employment and financial stability, health issues, domestic violence, eviction, and relationships. OCTOBER 2020 Englewood Sheridan OtherLittleton History of Housing & Homelessness 23 11 9 6 Less than a month 1 to 6 months 7 to 12 months 1.5 years 2 years 3 years 6 8 12 3 2 1 1 year 2-3 years 4-6 years 8-10 years 16-20 years 12-14 years 23 years 8 9 5 7 4 1 4 How long have you been in Arapahoe County? Places where families stayed the last two years and the night prior to completing the assessment. With Family With Friends Hotel/Motel Emergency Shelter Car Streets Other: Tent Campsites/Parks River/Lake Front 18 33 4 24 4 22 8 21 2 33 2 14 6 8 1 8 1 6 5 Tri-Cities Last Night Last Two Years Page 72 of 203 Participant Characteristics Age Group 84% Female 14% Male 2% Prefer Not To Answer Top 12 Causes of Homelessness Top 12 Barriers to Housing (Participants selected multiple answer options therefore responses do not sum to 100%.) 61% Unable to Pay Rent 37% Relationship Issues 57% Change in Employment 37% Low/No Credit Score 47% Loss of Job 45% Housing Cost Increase 31% Mental Health 45% Unaffordable Expense 31% Eviction 39% Domestic Violence 59% Housing Cost Increase 37% Housing Waitlists 55% Low/No Credit Score 25% Illness 53% Unable to Pay Rent 49% Change in Employment 20% Mental Health 41% Loss of Job 20% Eviction 39% Unaffordable Expense 35% Housing Waitlists 29% Illness 25% Changes to Benefits 20% Domestic Violence K-8 Some High School High School Graduate GED Some College College Graduate 6% Post - Graduate Other Prefer Not to Answer 18% 20% 29% 2% 14% 4% 2% 2% 50-59 years 20-29 years 30-39 years 40-49 years 60 or Older 18% 43% 18% 18% 2% Of the 49 caregivers, 31 females and two males reported raising their children as a single parent. Page 73 of 203 STUDY SESSION TO: Mayor and Council FROM: Shawn Lewis, Tim Dodd DEPARTMENT: City Manager's Office DATE: July 24, 2023 SUBJECT: Safe Parking Pilot Program DESCRIPTION: Overview of a Safe Parking Pilot Program as noted in the Tri-Cities Plan of Action RECOMMENDATION: Staff requests that Council review information relative to safe parking programs and provide guidance as to whether the City of Englewood should pursue a safe parking pilot program, which is included in the Tri-Cities Homelessness Plan of Action. PREVIOUS COUNCIL ACTION: September 7, 2021- Approval of Tri-Cities Homelessness Plan of Action SUMMARY: A pilot safe parking program is included in the Tri-Cities Homelessness Plan of Action to determine whether such a program could provide temporary and safe housing for people experiencing homelessness in the Tri-Cities region. City Manager's Office Intern Will Morris will provide an overview of safe parking programs, and Linda Barringer, Co-Founder and Program Developer at the Colorado Safe Parking Initiative, will provide details on safe parking programs and her organization's initiatives. ANALYSIS: Safe Parking Programs Safe parking programs provide temporary sheltering in vehicles to people experiencing homelessness. Often, temporary sheltering in vehicles is a first step for individuals and families without permanent housing. Typically, safe parking sites are located in existing parking lots and are occupied during times when they are otherwise unused. While safe parking programs do not replace permanent housing or other types of temporary housing, they reduce the risk of harm by helping people to stay safe. (Colorado Safe Parking Initiative, https://www.colosafeparking.org/about-safe-parking-2, July 17, 2023) Benefits of Safe Parking Programs Benefits of Safe Parking programs may include: • Increased safety and security for people and their property; • Increased access to services and employment and/or education opportunities; Page 74 of 203 • Improved opportunities for rest, which may lead to better outcomes in areas such as physical and mental health and employment; • A community of support among safe parking guests; • Day-to-day stability; and • Possible paths to housing via housing navigation and coordinated entry. (Colorado Safe Parking Initiative, https://www.colosafeparking.org/about-safe-parking-2, July 17, 2023) Colorado Safe Parking Initiative The Colorado Safe Parking Initiative works over seven counties and approximately 24 municipalities with varying laws and municipal codes to create a network of safe parking sites throughout the Denver Metro Area with plans to expand across the State of Colorado. In the past year, over 2,179 requests for safe parking have been received. 13 SafeLots currently exist, serving 110 households with approximately 50% of participants working or looking for work, and 50% who are disabled or older adults. All participants reported that they cannot afford housing, and the average stay is three months, with 45% existing into housing. Connection to the Tri-Cities Homelessness Plan of Action The concept of creating a pilot safe parking program is included in the Tri-Cities Homelessness Plan of Action: • Theme #2: Meeting the Needs of Single Adults • Recommendation #2.2- Provide Street-Based Services to Increase the Health and Wellbeing of Unsheltered Residents • Action Step #3- Pilot a Safe Parking Program • Projected funding: $10,000 to $25,000 for insurance, security, and portable toilets • Project year: Two COUNCIL ACTION REQUESTED: Staff requests that Council review information relative to safe parking programs and provide guidance as to whether the City of Englewood should pursue a safe parking pilot program, which is included in the Tri-Cities Homelessness Plan of Action. FINANCIAL IMPLICATIONS: The Tri-Cities Homelessness Plan of Action contemplates an approximate cost, split between the three participant cities, includes an approximate cost of $25,000 for a pilot safe parking program. While specific funds have not been identified for this program, Council authorized funding to implement the City's portion of the estimated implementation costs for the plan which would include $11,250 from the City. CONNECTION TO STRATEGIC PLAN: While a safe parking program is not specifically included in the City's strategic plan, it is an action item in the Tri-Cities Homelessness Plan of Action, the implementation of which is included in the City's strategic plan: • Outcome area- Community Wellbeing • Goal- Homelessness Services and Mitigation • Project- Implement the Tri-Cities Homelessness Action Plan Page 75 of 203 OUTREACH/COMMUNICATIONS: The Tri-Cities Homelessness Plan of Action was approved by the City Councils of the Cities of Englewood, Littleton, and Sheridan and is shared with the community through a dedicated website: www.tricitieshomelessness.com. ATTACHMENTS: Safe Parking Presentation to City Council Page 76 of 203 Safe Parking Program in Englewood Presented By Will Morris-Intern-City Manager’s Office Linda Barringer-Co-Founder, Program Developer-Colorado Safe Parking Initiative Page 77 of 203 •Overnight sheltering in vehicles, in existing parking lots outside of operating hours •Access to bathroom facilities •Coordinated entry: access to resources, housing navigation •Based on the Housing and Homelessness Reports on Homeless Families and People Experiencing Chronic Homelessness, 35 people reported sleeping in a car, van or RV the night before the interview,and 142 people had at least one night over the past two years. What is Safe Parking?Page 78 of 203 •Provide some stability, without criminal penalty •First step on the path back to stable housing •With somewhere to sleep, allows individuals to work and search for more stable housing options •Decrease in disturbance from unauthorized parking Why have a Safe Parking Program?Page 79 of 203 Safe Parking in Tri-Cities Homeless Action Plan •Theme #2: Meeting the Needs of Single Adults •Recommendation #2.2-Provide Street-Based Services to Increase the Health and Wellbeing of Unsheltered Residents •Action Step #3-Pilot a Safe Parking Program •Projected funding:$10,000 to $25,000 for insurance,security,and portable toilets •Project year: Two Page 80 of 203 Channel 9 News Feature on Safe Parking Page 81 of 203 Linda Barringer Co-Founder, Program Developer Page 82 of 203 •Creating a network of safe parking sites in communities throughout the Denver metro area and eventually Colorado •Working across 7 counties and around 2 dozen jurisdictions with varying laws and municipal codes •2078/6884 (2022) unsheltered in the 7-county Denver metro area MEETING THE NEED Page 83 of 203 •More than 2,197 requests for safe parking in past year •13 SafeLots serving 110 households •Approximately 50% are working/looking for work, and 50% are disabled or older adults; all say they cannot afford housing •The average stay is 3 months, with 45% exiting to housing MEETING THE NEED Page 84 of 203 THE CSPI MODEL •Housing-first, harm reduction approach •Built on Collective Impact framework •Informed by collective care principles: Leverage community resources for scalable impact •Single point of intake •Partner organizations host and operate SafeLots with support from CSPI Page 85 of 203 THE CSPI MODEL •Strengths-based, trauma-informed and client- centered •Community engaged •Reciprocity: Safe parking benefits guests, hosts, and community •Shaped by people with lived experience •Mindful of and actively addressing marginalization & oppression, injustice & inequity at all levels Page 86 of 203 •Low barriers to entry •Keep people connected to their community •Safe, legal overnight parking in small, uncrowded, dispersed locations •Sanitation •Case management with housing navigation •Supportive services come to the guests •Service engagement is optional •Training, support and oversight for hosts •Community and guest engagement BEST PRACTICE Page 87 of 203 •NIMBYism •Zoning/ordinances •Weather (cold, heat, fire) •Funding (especially federal funding) •Funding for car repairs, maintenance, fuel •Lack of funding for motel vouchers and inadequate emergency shelter options •Lack of affordable housing BARRIERS Page 88 of 203 Questions? Contact Us: info@colosafeparking.org www.ColoSafeParking.org Facebook.com/COSafeParking Page 89 of 203 STUDY SESSION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: July 24, 2023 SUBJECT: June 2023 Monthly Financial Report DESCRIPTION: June 2023 Monthly Financial Report RECOMMENDATION: The Monthly Financial Report is informational only and staff seeks input from City Council to clarify or verify the information provided. PREVIOUS COUNCIL ACTION: Staff provides financial updates to City Council each month. During the Study Session discussion, the Director of Finance will review the 2023 June General Fund financials by revenues and expenditures. Sales & Use Tax slides by area are also included in the Appendix of the attached presentation. SUMMARY: Through June 2023, the City of Englewood's General Fund revenues total $33,621,000 which is 52.3% of budgeted revenues, or $3,482,000 higher than the same period in 2022. Total revenue YTD is tracking 11.6% higher than the same period in 2022. Expenditures YTD are $30,624,000 or 47.3% of the budgeted expenditures. Total expenditures YTD are $2,046,000 or 7.2%, higher than those in 2022. Per Council request, any one-time revenues and expenditures for 2023 and 2022 have been adjusted as noted. Please note that the budget column includes the new revenues from the sales & use tax increases and corresponding additional expenditures from 2023 budget supplemental #1 and #2. ANALYSIS: Revenue highlights are below: • Through June 2023, the city has received $6,216,000 in property taxes. Of that total, $3,760,000 went to the General Fund, $465,000 to the EDDA, and the rest to debt service for the Parks and Recreation and Police Building General Obligation (GO) bonds. Page 90 of 203 • Sales & Use Tax remittances total $21,157,000 and are 49.1% of fiscal budgeted revenue; Sales & Use Tax revenue is $1,844,000 higher than the same time last year. Additionally, the Sales & Use Tax audits and voluntary disclosure collections amount to $48,059. • Marijuana Sales Tax accounts for $734,000 of the total Sales & Use Tax revenue YTD and is ($90,000) lower than 2022. • Intergovernmental revenues are higher due to State Highway User Taxes returning to normal collection schedule. 2022 was paused to correct a prior year overpayment. • Charges for services are higher due to the 2022 increase in Water and Sewer administrative fees that were not implemented until July 2022 of nearly $250,000. Also, the new IT cost allocation of $369,000 for software and licenses directly attributable to enterprise funds were recorded in June 2023. • American Rescue Plan Act (ARPA)-the city has been awarded $8,776,000 which was received in two allocations of $4,338,000 each. The second allocation was received on July 5th 2022. For 2022, the General Fund still restricts $360,000 of ARPA funds to be used for homelessness related projects. ARPA funds already spent from the General Fund include $33,000 for Workforce Training, $17,000 for the Vaccine program and $22,000 for Homelessness. 2023 Budget Supplemental #1 authorized spending an additional $79,000 for the Homelessness Action plan and related projects. • Investment Earnings are $548,000 higher than 2022. The 2022 losses were due to a rapid rise in interest rates which resulted in Unrealized Losses. The portfolio, predominantly invested in bonds, is valued at market value each month, so earnings can fluctuate when interest rates move in either direction. Please note that the 2022 December YTD one-time revenues of $188,000 for the sale of the Fire Training Academy, and $138,000 for health insurance savings and $1,119,000 Football Stadium tax refund are subtracted. Expenditures highlights are below: • Across all departments, part of the variance is due to a 5% salary increase for all staff and an additional 2% inflationary increase approved by Council in June 2023. • 2022 debt service included $2,812,000 for the COP payoff. Paying off the COP debt one year early saved the city $30,000 in interest costs. • Expenditure variances for Police, PW and PRLG are also partially due to an increase in internal billings for the yearly vehicle maintenance and CERF charges. The internal rates were temporarily lowered in 2021 and 2022 but have been returned to normal in 2023. Please note that the 2022 December YTD one-time expenditures of ($235,000) for pension contribution credits and $1,418,000 for debt service to pay off the COP’s early have both been subtracted from the operating figures. The YTD Operating surplus (Excess Revenues over/(under) Expenditures) is $2,997,000, compared to the Amended Budgeted Operating Deficit of ($462,000). There is a $138,000 transfer from the Public Improvement Fund for Debt Service and transfers out of ($1,000,000) for capital projects and ($2,175,000) for the Dartmouth Bridge approved by Council as part of 2023 budget supplemental #1. Page 91 of 203 The General Fund – Fund Balance Composition, slide #13, shows a YTD change in total fund balance of ($40,000), which includes the total surplus of $2,997,000 and a net transfer out of ($3,037,000). This deficit includes all one-time items. COUNCIL ACTION REQUESTED: Staff will review the current financial report with Council monthly and welcomes questions and discussion. FINANCIAL IMPLICATIONS: Information included above. CONNECTION TO STRATEGIC PLAN: Governance: Assist the City to become fiscally accountable, effective and efficient. ATTACHMENTS: 2023 June Financial Report Page 92 of 203 June 2023 Monthly Financial Report Presented By: Jackie Loh, Director of Finance Page 93 of 203 General Fund Revenues •Through June 2023, year-to-date revenues are 52.3% of the Fiscal Year 2023 budget. •Through June 2022, year-to-date revenues were 47.0% of the total Fiscal Year 2022 revenues. •Sales and Use Tax Revenue is higher in 2023 than at this time of the year in both 2022 and 2021. •General Fund revenues exclude one-time items as noted.Page 94 of 203 General Fund Revenues •2023 –no one-time adjustments •2022 excludes $188,000 for sale of Fire Training Academy •2022 excludes $138,000 for health insurance savings 2023 2022 Budget Jun-23 % Budget Dec-22 Jun-22 % YTD $ Diff % Diff Revenues Property Tax 5,171,000 3,760,000 72.7%5,237,000 3,793,000 72.4%(33,000) 0.0% Specific Ownership Tax 530,000 222,000 41.9%541,000 221,000 40.9%1,000 0.0% Sales & Use Taxes 41,601,000 20,423,000 49.1%38,772,000 18,489,000 47.7%1,934,000 10.5% Sales Tax - Marijuana - 734,000 1,898,000 824,000 (90,000) -10.9% Cigarette Tax 170,000 38,000 22.4%111,000 41,000 36.9%(3,000) -7.3% Franchise Fees 3,915,000 1,805,000 46.1%3,920,000 1,723,000 44.0%82,000 4.8% Hotel/Motel Tax 25,000 32,000 128.0%64,000 29,000 45.3%3,000 10.3% Licenses & Permits 1,379,000 1,350,000 97.9%3,196,000 1,334,000 41.7%16,000 1.2% Intergovernmental Revenue 1,220,000 482,000 39.5%1,259,000 261,000 20.7%221,000 84.7% Charges for Services 3,830,000 1,884,000 49.2%3,290,000 1,253,000 38.1%631,000 50.4% Parks and Recreation 3,124,000 989,000 31.7%2,420,000 919,000 38.0%70,000 7.6% Fines & Forfeitures 501,000 168,000 33.5%373,000 197,000 52.8%(29,000) -14.7% Investment Earnings 155,000 288,000 185.8%(247,000) (260,000) 105.3%548,000 -210.8% EMRF Rents 1,800,000 951,000 52.8%1,765,000 911,000 51.6%40,000 4.4% Miscellaneous 913,000 495,000 54.2%2,159,000 730,000 33.8%(235,000) -32.2% Total Revenues 64,334,000 33,621,000 52.3%64,758,000 30,465,000 47.0%3,156,000 10.4% One-time Revenues noted below - - (1,445,000) (326,000) 326,000 Total Revenues less one-time items 64,334,000 33,621,000 52.3%63,313,000 30,139,000 47.6%3,482,000 11.6% 2023 vs 2022 Page 95 of 203 Sales and Use Tax Revenues Page 96 of 203 Sales and Use Tax Revenues Page 97 of 203 YTD Sales and Use Tax Collections by Area Business Area $ YTD Variance CY vs PY % YTD Variance CY vs PY YTD New Businesses YTD Closed Businesses YTD Net New (Closed) Businesses Comments Area 1 (7,881) -0.45%14 (10) 4 Area 2 (89,976) 9.33%8 (8) - Area 3 168,390 11.17%11 (11) - Area 4 162,963 20.83%10 - 10 Area 5 (188,390) 23.06%5 (3) 2 Area 6 387,702 24.77%62 (41) 21 Area 7 484,867 17.07%389 (185) 204 Contains opened and closed businesses that are not within the city limits. Area 8 257,657 11.18%- - - Area 13 247,694 -14.76%3 - 3 Area 14 327,615 300.00%7 (2) 5 Marketplace Facilitators were added to this area in 2022. Regular Use (25,538) -4.84%N/A N/A N/A Use tax revenue fluctuates depending on the timing of when businesses replace large ticket items such as operating machinery and equipment. If items purchased outside of Englewood at a local tax rate less than 3.5%, then the tax payer is liable for the difference between the local tax paid and 3.5% tax due. Totals 1,725,102 8.88%509 (260) 249 Page 98 of 203 YTD Sales and Use Tax Collections by Area 2019-2023 2022 2023 % Change $ Change Total Sales & Use Tax Collected 19,422,483$ 21,147,584$ 8.9%1,725,102$ Refunds 84,087$ -$ -100.0%(84,087)$ Unearned Sales Tax 2,100,000$ 2,100,000$ 0.0%-$ Page 99 of 203 General Fund Expenditures •Through June 2023, year-to-date expenditures are 47.3% of the Fiscal Year 2023 budget. •Through June 2022, year-to-date expenditures were 51.7% of the total Fiscal Year 2022 expenditures. •To date, a net of ($3,037,000) has been transferred out of the General Fund. •General Fund expenditures exclude one-time items if noted.Page 100 of 203 General Fund Expenditures •2023 –no one-time adjustments through May •2022 –excludes a one-time credit made for health insurance savings $235,000. •2022 –excludes the one-time debt service payment to pay off the COP’s early ($1,418,000). 2023 2022 Budget Jun-23 % Budget Dec-22 Jun-22 % YTD $ Diff % Diff Expenditures Legislation 296,000 115,000 38.9%276,000 141,000 51.1%(26,000) -18.4% Administration 1,563,000 674,000 43.1%1,229,000 528,000 43.0%146,000 27.7% City Attorney 1,191,000 477,000 40.1%1,002,000 454,000 45.3%23,000 5.1% Court 1,572,000 651,000 41.4%1,171,000 546,000 46.6%105,000 19.2% Human Resources 946,000 526,000 55.6%1,483,000 574,000 38.7%(48,000) -8.4% Finance 2,162,000 859,000 39.7%1,883,000 864,000 45.9%(5,000) -0.6% Information Technology 4,678,000 2,500,000 53.4%3,779,000 2,056,000 54.4%444,000 21.6% Community Development 3,100,000 1,362,000 43.9%3,086,000 1,347,000 43.6%15,000 1.1% Public Works 11,126,000 4,909,000 44.1%7,943,000 4,009,000 50.5%900,000 22.4% Police 18,619,000 8,876,000 47.7%15,923,000 7,794,000 48.9%1,082,000 13.9% Fire and Emergency Management 7,704,000 4,350,000 56.5%7,423,000 4,242,000 57.1%108,000 2.5% Parks, Recreation and Library 9,208,000 4,566,000 49.6%8,303,000 3,834,000 46.2%732,000 19.1% Communications 914,000 401,000 43.9%829,000 321,000 38.7%80,000 24.9% Debt Service 138,000 72,000 52.2%2,974,000 2,911,000 97.9%(2,839,000) -97.5% Contingency 1,579,000 286,000 18.1%228,000 140,000 61.4%146,000 0.0% Total Expenditures 64,796,000 30,624,000 47.3%57,532,000 29,761,000 51.7%863,000 2.9% One-time Expenditures noted below - - (1,183,000) (1,183,000) 1,183,000 Total Expenditures less one-time items 64,796,000 30,624,000 47.3%56,349,000 28,578,000 50.7%2,046,000 7.2% 2023 vs 2022 Page 101 of 203 General Fund Expenditures by Category •The Contractual Services Expenditure category includes items such as the fire and emergency services contract, software maintenance agreements and insurance costs. •The Commodities Expenditure category includes items such as fuel, chemicals and building supplies. •The General Fund Capital Expenditure category is primarily CERF vehicle replacement costs. Expenditures Budget Jun-23 % Budget 12/31/2022-Actual Jun-22 % YTD $ Diff % Diff Personnel 38,532,000 17,164,000 44.5%33,532,000 15,180,000 45.3%1,984,000 13.1% Commodities 2,415,000 1,061,000 43.9%2,262,000 952,000 42.1%109,000 11.4% Contractual Services 20,697,000 11,269,000 54.4%17,777,000 9,903,000 55.7%1,366,000 13.8% Capital 3,014,000 1,056,000 35.0%987,000 815,000 82.6%241,000 29.6% Debt Service 138,000 74,000 53.6%2,974,000 2,911,000 97.9%(2,837,000) -97.5% Total Expenditures 64,796,000 30,624,000 47.3%57,532,000 29,761,000 51.7%863,000 2.9% One-time Expenditures - - (1,183,000) (1,183,000) 1,183,000 Total Expenditures less one-time items 64,796,000 30,624,000 47.3%56,349,000 28,578,000 50.7%2,046,000 7.2% 2023 vs 202220232022 Page 102 of 203 General Fund Operating Surplus (Deficit) •Through June 2023, year-to-date operating revenues exceeded operating expenditures by $2,997,000. •Through June 2022, year-to-date operating revenues exceeded operating expenditures by $1,561.000. 2023 2022 Revenues Budget Jun-23 % Budget 12/31/2022-Actual Jun-22 % YTD $ Diff % Diff Total Revenues 64,334,000 33,621,000 52.3%64,758,000 30,465,000 47.0%3,156,000 10.4% One-time Revenues - - (1,445,000) (326,000) 326,000 Total Revenues less one-time items 64,334,000 33,621,000 52.3%63,313,000 30,139,000 47.6%3,482,000 11.6% Expenditures Budget Jun-23 % Budget 12/31/2022-Actual Jun-22 % YTD $ Diff % Diff Total Expenditures 64,796,000 30,624,000 47.3%57,532,000 29,761,000 51.7%863,000 2.9% One-time Expenditures - - (1,183,000) (1,183,000) 1,183,000 Total Expenditures less one-time items 64,796,000 30,624,000 47.3%56,349,000 28,578,000 50.7%2,046,000 7.2% Operating Surplus (Deficit)(462,000) 2,997,000 6,964,000 1,561,000 2023 vs 2022 2023 vs 202220232022 Page 103 of 203 General Fund Transfers 2023 Transfers into the General Fund From the Public Improvement Fund for debt service 138,000$ Total transfers into the General Fund 138,000 2023 Transfers out of the General Fund To the Public Improvement Fund for Dartmouth Bridge 2,175,000 To the Public Improvement Fund for other capital projects 1,000,000 Total transfers out of the General Fund 3,175,000$ Net General Fund Transfers (3,037,000)$ Page 104 of 203 General Fund –Fund Balance Composition 2019 2020 2021 2022 2023 YTD Beginning total fund balance $ 20,418,000 $ 22,131,000 $ 24,936,000 $ 17,043,000 $ 24,158,000 Net change in fund balance 1,713,000 2,805,000 (7,893,000) 7,115,000 (40,000) Ending total fund balance 22,131,000 24,936,000 17,043,000 24,158,000 24,118,000 Designated fund balance TABOR - Restricted (1,730,000) (1,720,000) (1,800,000) (2,100,000) (2,100,000) LTAR - Committed (4,995,000) (4,995,000) (95,000) (95,000) (95,000) ARPA funding - Restricted for specific projects - - (404,000) (360,000) (360,000) Stadium District refund - Restricted for youth activities - - - (1,119,000) (1,119,000) Unrestricted Reserve = 16.7% of total revenues (8,614,000) (8,985,000) (9,258,000) (10,840,000) (10,821,000) Total designated fund balance (15,339,000) (15,700,000) (11,557,000) (14,514,000) (14,495,000) Unassigned fund balance 6,792,000$ 9,236,000$ 5,486,000$ 9,644,000$ 9,623,000$ $6.8 $9.2 $5.5 $9.6 $9.6 $8.6 $9.0 $9.3 $10.8 $10.8 $- $- $- $1.1 $1.1 $0.4 $0.4 $5.0 $5.0 $0.1 $1.7 $1.7 $1.8 $2.1 $2.1 $0.0 $2.5 $5.0 $7.5 $10.0 $12.5 $15.0 $17.5 $20.0 $22.5 $25.0 2019 2020 2021 2022 2023 YTD Unassigned fund balance Unrestricted Reserve = 16.7% of total revenues Stadium District refund - Restricted for youth activities ARPA funding-Restricted LTAR - Committed TABOR - Restricted Page 105 of 203 Appendix -Area Sales Tax Slides Page 106 of 203 City of Englewood Sales Tax Area Map Page 107 of 203 Area 1 Sales Tax CityCenter (Formerly Cinderella City) 1,574,052 1,708,154 1,840,014 1,763,927 1,756,046 0 250,000 500,000 750,000 1,000,000 1,250,000 1,500,000 1,750,000 2,000,000 2019 2020 2021 2022 2023 Page 108 of 203 Area 2 Sales Tax South of Yale, north & south side of Jefferson Ave/US 285 between Bannock and Sherman 1,176,997 1,148,795 1,318,352 1,441,317 1,351,341 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 2019 2020 2021 2022 2023 Page 109 of 203 Area 3 Sales Tax South of Jefferson Ave/US 285 between Bannock & Sherman -north side of Belleview between Logan & Delaware 1,263,038 1,318,543 1,562,957 1,737,475 1,905,865 0 250,000 500,000 750,000 1,000,000 1,250,000 1,500,000 1,750,000 2,000,000 2019 2020 2021 2022 2023 Page 110 of 203 Area 4 Sales Tax Broadway and Belleview (Between Fox and Sherman and south of Belleview and to the southern City Limits) 614,897 570,783 588,830 711,479 874,442 0 125,000 250,000 375,000 500,000 625,000 750,000 875,000 1,000,000 2019 2020 2021 2022 2023 Page 111 of 203 Area 5 Sales Tax Federal and Belleview west of Santa Fe Drive 889,142 1,095,529 788,758 970,671 782,282 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 2019 2020 2021 2022 2023 Page 112 of 203 Area 6 Sales Tax All other City locations 1,984,357 1,873,806 1,974,728 2,463,770 2,851,471 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 2019 2020 2021 2022 2023 Page 113 of 203 Area 7 Sales Tax Outside City limits 5,675,231 5,788,725 6,230,813 7,294,266 7,779,133 0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 2019 2020 2021 2022 2023 Page 114 of 203 Area 8 Sales Tax Public Utilities 780,057 685,469 793,006 881,662 1,139,319 0 150,000 300,000 450,000 600,000 750,000 900,000 1,050,000 1,200,000 2019 2020 2021 2022 2023 Page 115 of 203 Area 13 Sales Tax Hampden Avenue (US 285) and University Boulevard 221,617 199,265 200,441 170,851 418,544 0 100,000 200,000 300,000 400,000 500,000 2019 2020 2021 2022 2023 Page 116 of 203 Area 14 Sales Tax Online Sales 73,647 56,462 79,534 912,786 1,240,401 0 250,000 500,000 750,000 1,000,000 1,250,000 2019 2020 2021 2022 2023 Page 117 of 203 Regular Use Tax 1,742,873 1,411,335 1,128,967 1,074,279 1,048,742 0 250,000 500,000 750,000 1,000,000 1,250,000 1,500,000 1,750,000 2019 2020 2021 2022 2023 Page 118 of 203 MINUTES City Council Regular Meeting Monday, July 17, 2023 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Director of Public Works Victor Rachael, Deputy Director of Public Works Tim Hoos, Concrete Utility and Street Maintenance Manager Phil Neal, and Lead Streets Operator Tyler Koltay were present to discuss the Street Plan Overview. b) Director of Utilities and South Platte Renew Pieter Van Ry and Utilities Deputy Director Sarah Stone were present to discuss Lead & Copper City Municipal Code Changes. The meeting recessed at 6:54 p.m. for a break. The meeting reconvened at 7:01 p.m. six Council Members were present, Member Wink was absent. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Sierra at 7:01 p.m. 3 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Sierra 4 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra Mayor Pro Tem Steven Ward Council Member Joe Anderson Council Member Chelsea Nunnenkamp Council Member Rita Russell Council Member Jim Woodward COUNCIL ABSENT: Council Member Cheryl Wink - resigned on July 17, 2023 prior to meeting STAFF PRESENT: City Manager Lewis City Attorney Niles City Clerk Carlile Page 1 of 13 Draft Page 119 of 203 City Council Regular July 17, 2023 Senior Deputy City Clerk McKinnon Deputy City Manager Dodd Director of Utilities and South Platte Renew Van Ry Director of Community Development Power Director of Finance Loh Director of Communications Harguth Director of Parks, Recreation, Library, and Golf Underhill Deputy Police Chief Fender Deputy Director of Public Works - Engineering Hoos Utilities Deputy Director Roach Utilities Deputy Director Stone Engineering Supervisor Branham, Public Works Environmental Compliance Edelstein, Utilities Economic Development Manager Hollingsworth Capital Projects Engineer Naji, Public Works Capital Project Engineer II Keener, Public Works Lead Streets Operator Koltay, Public Works Marketing & Social Media Strategist Davis, Communications System Administrator Munnell, Information Technology Network Administrator Hunnicutt, Information Technology Officer Smith Police Department Officer Galindo, Police Department Officer Hume, Police Department Officer Murry, Police Department Intern Will Morris, City Manager's Office Intern Merhar, City Attorney's Office Intern Lindsey, Communications Intern Angie, Community Development Intern Crimaldi, Human Resources Intern Harguth, Information Technology Intern Arneson-Parks, Recreation and Library Intern Jones, Police Intern Patridge, Public Works Intern Bazarov, South Platte Renew Intern Castillo, South Platte Renew Intern Insalaco, South Platte Renew Intern Ferrier, Utilities Intern Schneider, Utilities 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of June 20, 2023. Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp Page 2 of 13 Draft Page 120 of 203 City Council Regular July 17, 2023 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 20, 2023 For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward (Moved By) x 6 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Summer Interns were recognized: • Will Morris-City Manager's Office • Justin Merhar-City Attorney's Office • Dylan Lindsey-Communications • Angie Bustillos-Community Development • Olivia Crimaldi-Human Resources • Cade Harguth-Information Technology • Brandon Arneson-Parks, Recreation and Library • Sydney Jones-Police • Elianna Patridge-Public Works • Sam Bazarov- South Platte Renew • Santiago Castillo-South Platte Renew • Tess Insalaco-South Platte Renew • Karson Ferrier-Utilities • Makenna Schneider-Utilities b) Water Production Supervisor Dave Chapman was recognized for his many years of service. 7 Recognition of Scheduled Public Comment a) Denver Maw addressed Council regarding Private Activity Bonds. b) Kathleen Bailey, an Englewood resident, addressed Council regarding South Englewood Basin. c) C. Ann Dickerson, an Englewood resident, addressed Council regarding property and citizen rights. d) Chris Duis, an Englewood resident, addressed Council regarding flooding and City Council. e) James Cooper, an Englewood resident, addressed Council regarding concerns about a business. Page 3 of 13 Draft Page 121 of 203 City Council Regular July 17, 2023 f) Lauren Cooper, an Englewood resident was scheduled to speak but did not. g) Charles and Sandra Fleming, Englewood residents, addressed Council regarding a condemned property on Delaware St. h) Benjamin Ben-David, an Englewood resident, addressed Council regarding alleys in Englewood. i) Mary Regan, an Englewood resident, addressed Council regarding property on Delaware St. j) Marcy Brown, an Englewood resident, addressed Council regarding homelessness and developers. k) Jan Weipert, an Englewood resident, addressed Council regarding housing and election. l) Gary Kozacek, an Englewood resident, addressed Council regarding the referendum. m) Kevin Wright, an Englewood resident, addressed Council regarding Planning and Zoning Commission. n) Kim Wright, an Englewood resident, addressed Council regarding elections. o) Laura Jordan, an Englewood resident, addressed Council regarding the property on Delaware St. 8 Recognition of Unscheduled Public Comment a) Pamela Beets, an Englewood resident, addressed Council regarding housing. b) Mike Jones, an Englewood resident, addressed Council regarding density and code next. c) Ivan Erwin, an Englewood resident, addressed Council regarding code next. d) Barry Landcaster, an Englewood resident, addressed Council regarding Council Bill No. 22 and service police fees. e) Ida May Nicholl, an Englewood resident, addressed Council regarding freedoms and liberties in America. Council Member Nunnenkamp responded to Public Comment. The meeting recessed at 9:08 p.m. for a break. The meeting reconvened at 9:22 p.m. all Council Members were present. 9 Consent Agenda Items Council Member Russell removed Agenda Items 9(a)(i-ii) and 9(b)(i) from Consent Agenda. Moved by Council Member Ward seconded by Council Member Anderson to approve Consent Agenda Item 9(b)(ii). Page 4 of 13 Draft Page 122 of 203 City Council Regular July 17, 2023 a) Approval of Ordinances on First Reading i) CB-35 Approval of the City of Englewood (City) Utilities Department's partnership in the Environmental Protection Agency’s (EPA) WaterSense Program. [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Jim Woodward Seconded by Council Member Joe Anderson COUNCIL BILL NO. 35, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING THE CITY OF ENGLEWOOD’S FREE MEMBERSHIP IN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S WATERSENSE PROGRAM AS A PROMOTIONAL PARTNER, TO HELP REDUCE MUNICIPAL WATER USE THROUGH WATER-EFFICIENT PRODUCTS AND CONSTRUCTION OF WATER-EFFICIENT NEW HOMES, AND AUTHORIZING THE CITY TO EXECUTE A WATERSENSE PARTNERSHIP AGREEMENT ON BEHALF OF THE CITY. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Jim Woodward (Moved By) x 6 0 0 Motion CARRIED. ii) CB-36 IGA with Arapahoe County for Coordinated Election Services [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 36, INTRODUCED BY COUNCIL MEMBER RUSSELL Page 5 of 13 Draft Page 123 of 203 City Council Regular July 17, 2023 A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 7, 2023. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell (Moved By) x Jim Woodward x 6 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading. i) CB-22 Amending Englewood Municipal Code Regarding Reimbursement of Police Department Cost [Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Jim Woodward Motion to table Council Bill 22 indefinitely. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell (Moved By) x Jim Woodward (Seconded By) x 6 0 0 Motion CARRIED. ii) CB-29 Agreements with Toll Southwest, LLC (Toll) for City Ditch Relocation and McLellan Pump Station Land Dedication. Moved by Council Member Steven Ward Seconded by Council Member Joe Anderson Page 6 of 13 Draft Page 124 of 203 City Council Regular July 17, 2023 ORDINANCE NO. 31, SERIES OF 2023 (COUNCIL BILL NO. 29, INTRODUCED BY COUNCIL MEMBER WARD) AN ORDINANCE AUTHORIZING AGREEMENTS WITH TOLL SOUTHWEST, LLC FOR CITY DITCH RELOCATION AND MCLELLAN PUMP STATION LAND DEDICATION. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson (Seconded By) x Steven Ward (Moved By) x Rita Russell x Jim Woodward x 6 0 0 Motion CARRIED. c) Resolutions and Motions There were no additional Resolutions or Motions. (See Agenda Items 11(c)(i- vi).) 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB-30 The Colorado Housing and Finance Authority (CHFA) has requested the city to assign its 2023 Private Activity Bond (PAB) allocation to their organization. In previous years, the city has allowed its PAB to revert back to the statewide pool. Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Jim Woodward COUNCIL BILL NO. 30, INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE COLORADO HOUSING AND FINANCE AUTHORITY FOR THE ASSIGNMENT OF A PRIVATE ACTIVITY BOND Page 7 of 13 Draft Page 125 of 203 City Council Regular July 17, 2023 ALLOCATION PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward (Seconded By) x 5 1 0 Motion CARRIED. ii) CB-31 After 6 presentations reviewing City Charter from beginning to end, this ordinance creates ballot questions for voters to consider in making substantive changes to the City Charter Moved by Council Member Jim Woodward Seconded by Council Member Chelsea Nunnenkamp COUNCIL BILL NO. 31, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE CALLING A MUNICIPAL ELECTION FOR NOVEMBER 7, 2023, TO COINCIDE WITH THE STATE GENERAL ELECTION; DECLARING THE CITY’S INTENT TO COORDINATE SUCH ELECTION WITH ARAPAHOE COUNTY; SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY PROPOSED AMENDMENTS TO THE CITY OF ENGLEWOOD HOME RULE CHARTER; AND SETTING BALLOT TITLES THEREON. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward x Rita Russell x Jim Woodward (Moved By) x 5 1 0 Motion CARRIED. iii) CB-33 Recall Special Election Moved by Council Member Chelsea Nunnenkamp Page 8 of 13 Draft Page 126 of 203 City Council Regular July 17, 2023 Seconded by Council Member Joe Anderson Motion to amend Council Bill No. 33 by removing any language referencing At-Large position, in addition to sections 5 and 6. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Moved By) x Joe Anderson (Seconded By) x Steven Ward x Rita Russell x Jim Woodward x 6 0 0 Motion CARRIED. Moved by Council Member Jim Woodward Seconded by Council Member Steven Ward COUNCIL BILL NO. 33, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE CALLING A SPECIAL MUNICIPAL MAIL BALLOT ELECTION FOR OCTOBER 3, 2023, TO DETERMINE WHETHER THE FOLLOWING CITY COUNCIL MEMBERS WILL BE RECALLED FROM OFFICE: CHELSEA NUNNENKAMP, DISTRICT 2; OTHONIEL SIERRA, DISTRICT 1; AS AMENDED. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell x Jim Woodward (Moved By) x 6 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading. (See Agenda Items 9(b)(i-ii).) c) Resolutions and Motions Page 9 of 13 Draft Page 127 of 203 City Council Regular July 17, 2023 i) Request to award bid for 7 traffic signal pole replacements spread across 4 intersections to Morton Electric. Poles were reported to be in very poor condition in 2020-2021 inspection reports and pose increased safety threats. Moved by Council Member Steven Ward Seconded by Council Member Chelsea Nunnenkamp Approval of a contract with Morton Electric, Inc in the amount of $571,360.00 for the 2023 Traffic Signal Replacement project with an allowance of 10% contingency in the amount of $57,136.00 to account for unknown circumstances that might be encountered on the project. The contingency will only be utilized, if necessary, to account for items not already in the plans. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward (Moved By) x Rita Russell x Jim Woodward x 6 0 0 Motion CARRIED. ii) Contract to have a consultant design the HAWK signal beacon to be constructed at the 3400 Block of South Broadway. Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp Approval of a professional services agreement with Peters and Yaffee, Inc. in the amount of $137,755.79 for the design of a High-Intensity Activated Cross Walk (HAWK) signal in downtown Englewood at the existing pedestrian crossing in the 3400 block of South Broadway. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward x 6 0 0 Page 10 of 13 Draft Page 128 of 203 City Council Regular July 17, 2023 Motion CARRIED. iii) Optimal source Contract for Services (CFS) with Colorado Analytical Laboratories (CAL) for regulatory compliance and laboratory analysis, in the amount not to exceed $130,000. Moved by Council Member Jim Woodward Seconded by Council Member Rita Russell Approval of an optimal source CFS with CAL for regulatory compliance and laboratory analysis of Englewood’s drinking water, in the amount not to exceed $130,000. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward x Rita Russell (Seconded By) x Jim Woodward (Moved By) x 6 0 0 Motion CARRIED. iv) Professional Services Agreement (PSA) with Hazen and Sawyer (Sawyer) for consulting services for the Solids Handling Improvements Project in the amount of $238,720, including approval to execute any change order(s) to expend a 10% staff-managed contingency of $23,872, for a total project authorization of $262,592. Moved by Council Member Rita Russell Seconded by Council Member Steven Ward Approval of a Professional Services Agreement (PSA) with Hazen and Sawyer (Sawyer) for consulting services for the Solids Handling Improvements Project in the amount of $238,720, including approval to execute any change order(s) to expend a 10% staff-managed contingency of $23,872, for a total project authorization of $262,592. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp x Joe Anderson x Steven Ward (Seconded By) x Rita Russell (Moved By) x Jim Woodward x Page 11 of 13 Draft Page 129 of 203 City Council Regular July 17, 2023 6 0 0 Motion CARRIED. v) Q2 2023 Budget Supplemental Request Resolution Moved by Council Member Joe Anderson Seconded by Council Member Chelsea Nunnenkamp RESOLUTION NO. 18, SERIES OF 2023 A BUDGET SUPPLEMENTAL RESOLUTION TO AMEND APPROPRIATIONS WITHIN THE 2023 BUDGET OF THE CITY OF ENGLEWOOD. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson (Moved By) x Steven Ward x Rita Russell x Jim Woodward x 6 0 0 Motion CARRIED. vi) Resolution approving agreement with Englewood Depot, Inc. regarding Depot Museum Moved by Council Member Steven Ward Seconded by Council Member Chelsea Nunnenkamp RESOLUTION NO. 19, SERIES OF 2023 A RESOLUTION AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT WITH ENGLEWOOD DEPOT, INC. AND OTHER LITIGATION DEFENDANTS REGARDING CONSTRUCTION, OPERATION OF DEPOT MUSEUM. For Against Abstained Othoniel Sierra x Chelsea Nunnenkamp (Seconded By) x Joe Anderson x Steven Ward (Moved By) x Rita Russell x Jim Woodward x Page 12 of 13 Draft Page 130 of 203 City Council Regular July 17, 2023 6 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR SIERRA MOVED TO ADJOURN. The meeting adjourned at 11:39 p.m. City Clerk Page 13 of 13 Draft Page 131 of 203 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: July 24, 2023 SUBJECT: Ordinance banning live dog and cat sales at retail DESCRIPTION: At citizen request, the City Attorney's Office engaged stakeholders and drafted legislation banning dog and cat sales at retail. RECOMMENDATION: Consider ordinance prohibiting live sales of dogs and cats at pet stores within Englewood. PREVIOUS COUNCIL ACTION: City Council received significant public comment requesting the City consider adopting an ordinance banning dog and cat sales at pet stores within the City. SUMMARY: Cities across the nation have adopted prohibitions on selling dogs and cats. The proposed ordinance was modeled from those adopted from several other Colorado cities, and creates municipal code banning dog and cat sales. This prohibition does not apply to: 1. An animal shelter; 2. A non-profit organization whose mission and practice include rescue and placement of animals into permanent homes; 3. Adoption events sponsored by a shelter or organization described in paragraphs 1 and 2 above, even if located at a pet store; or 4. Individuals who lawfully breed and/or rear animals at their primary residence, if the conditions where the animals are bred and/or reared may be observed. COUNCIL ACTION REQUESTED: Consider ordinance prohibiting live sales of dogs and cats at pet stores within Englewood. FINANCIAL IMPLICATIONS: None anticipated. OUTREACH/COMMUNICATIONS: The City Attorney's office contacted all pet stores in Englewood, the local Humane Society, and code enforcement staff, and received no objection to the proposed ordinance. Page 132 of 203 ATTACHMENTS: Ordinance Powerpoint Page 133 of 203 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 32 SERIES OF 2023 INTRODUCED BY COUNCIL MEMBER _________________ AN ORDINANCE CREATING TITLE 7 CHAPTER 1C SECTION 7-1C-7 OF ENGLEWOOD MUNICIPAL CODE PROHIBITING RETAIL SALE OF DOGS AND CATS. WHEREAS, the City of Englewood was requested by several citizens during City Council public comment and through various means directly to elected officials to consider legislation banning the sale of dogs and cats at retail, to reduce the demand for puppies and kittens bred in puppy mills; and WHEREAS, the Humane Society of the United States has determined that puppy and kitten mills are inhumane commercial breeding facilities which disregard the animals’ health ˗ both physical and emotional - in order to maximize profits; and WHEREAS, according to the Humane Society of the United States, these mills produce animals for sale, oftentimes at retail stores; and WHEREAS, the City of Englewood currently has no pet stores that sell dogs and cats at retail; and WHEREAS, the City Attorney’s Office engaged multiple stakeholders including the Humane Society of the South Platte Valley, all pet stores within the City, and multiple animal groomers within the City, and no one objected to the proposed legislation; and WHEREAS, in order to ensure the humane breeding and maintenance, and to encourage adoption, the City of Englewood hereby enacts legislation prohibiting the retail sale of dogs and cats. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Creation of Title 7 Chapter 1C Section 7-1C-7 of Englewood Municipal Code Title 7 Chapter 1C Section 7-1C-7 to Englewood Municipal Code is hereby created to read as follows (new provisions underlined): Sec. 7-1C-7. Prohibition on Retail Sale of Dogs and Cats. A. No pet store as defined by EMC § 16-11-1(F)(3) shall display, sell, deliver, offer for sale, barter, auction, or otherwise transfer or dispose of dogs or cats. B. Exceptions. This Section shall not apply to lawfully operated: 1. An animal shelter; 2. A non-profit organization whose mission and practice include rescue and placement of animals into permanent homes; Page 134 of 203 3. Adoption events sponsored by a shelter or organization described in paragraphs 1 and 2 above, even if located at a pet store; or 4. Individuals who lawfully breed and/or rear animals at their primary residence, if the conditions where the animals are bred and/or reared may be observed. Section 2. General Provisions The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms Page 135 of 203 thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Page 136 of 203 Prohibiting Retail Sales of Cats and Dogs Presented By: Justin Merhar – CAO Summer Intern Page 137 of 203 Background •During public comment on June 5, 2023, citizens requested the City consider a ban on live dog and cat sales at retail that could come from puppy mills •The bans are an attempt to encourage adoption and pet limit sales from “puppy mills” which the United States Humane Society defines as “inhumane high-volume dog breeding facilities that churn out puppies for profit, ignoring the needs of the pups and their mothers” •The proposed ban would still allow adoptions and “hobby breeders” •Similar bans have been enacted in 12 Colorado Municipalities Page 138 of 203 Impact on Englewood •Currently no businesses sell or breed dogs and cats in the City •The CAO identified and contacted or attempted to contact eight potential stake holder businesses including pet groomers, pet suppliers, and humane societies •No contacted stakeholder voiced concern over the ordinance Page 139 of 203 Proposed Ordinance Sec. 7-1C-7. Prohibition on Retail Sale of Dogs and Cats. A. No pet store as defined by EMC § 16-11-1(F)(3) shall display, sell, deliver, offer for sale, barter, auction, or otherwise transfer or dispose of dogs or cats. B. Exceptions. This Section shall not apply to lawfully operated: 1. An animal shelter; 2. A non-profit organization whose mission and practice include rescue and placement of animals into permanent homes; 3. Adoption events sponsored by a shelter or organization described in paragraphs 1 and 2 above, even if located at a pet store; or 4. Individuals who lawfully breed and/or rear animals at their primary residence, if the conditions where the animals were harbored may be observed.Page 140 of 203 Questions Page 141 of 203 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Shawn Lewis, Tim Dodd DEPARTMENT: City Manager's Office DATE: July 24, 2023 SUBJECT: Approval of a contract with Englewood Arts for use of a portion of the Englewood Civic Center DESCRIPTION: Approval of a contract with Englewood Arts for use of a portion of the Englewood Civic Center RECOMMENDATION: Staff requests that Council consider the approval of an amendment to the existing agreement between the City of Englewood ("the City") and Englewood Arts ("E-Arts") for the partial use of the former Museum of Outdoor Arts (MOA) space. PREVIOUS COUNCIL ACTION: • October 17, 2005- The City enters into an agreement with E-Arts for the use of Hampden Hall • December 3, 2019- E-Arts renewed the agreement for an additional five years, running through the end of 2025 SUMMARY: When the Museum of Outdoor Arts (MOA) left their space in the Civic Center, staff reached out to community groups, namely Englewood Arts (E-Arts) and Historic Englewood for the use of space. The two organizations met and provided a proposal for the use of the space which was then reviewed by the City. Staff proposes that Council consider approval of an amendment to an existing agreement with E-Arts for the use of a portion of the space, which will primarily be used to expand their ability to offer classes and programs. ANALYSIS: Commitments of the City Under the terms of the agreement, the City agrees to: • Provide use of a portion of the former MOA space to E-Arts. All of these areas will be for the exclusive use of E-Arts, with the exception of a meeting space ("Room A") and a conference room, with the City retaining use of Room A before 3:30PM on weekdays and of the conference room before 5:00PM on weekdays • Provide routine (non-event related) maintenance and cleaning of the space; • Make improvements in Room A, which may include paint, flooring, cabinetry, and plumbing Page 142 of 203 • Install a door that allows for visibility into the White Box Room within 90 days of the execution of the amendment Commitments of E-Arts Under the terms of the agreement, E-Arts agrees to: • Utilize the space to promote the arts in Englewood; • Maintain a Master Schedule for the annual use of the space; and • Schedule all rental uses of the space. Changes made after Study Session After the Study Session in June, the City Attorney's Office made the following changes: • Added language relative to the closing of doors; • Added language relative to detailing what the Space means to E-Arts COUNCIL ACTION REQUESTED: Staff requests that Council consider the approval of an amendment to the existing agreement between the City and E-Arts for the partial use of the former MOA space. FINANCIAL IMPLICATIONS: Under the terms of the agreement, the City will make small modifications to one room (such as paint, flooring, and cabinetry) that will be used by both the City and E-Arts, and will purchase and install a door for one of the rooms that will be utilized by E-Arts. While pricing may change with inflation and supply change challenges, staff estimates that the cost for these modifications will be under $20,000. OUTREACH/COMMUNICATIONS: Staff reached out to E-Arts and Historic Englewood, two community-driven organizations in the City of Englewood. Programs sponsored by E-Arts are available and open to members of the Englewood community. ATTACHMENTS: Contract Amendment- E-Arts E-Arts Contract- 2016 Amended Version Contract Approval Summary- Englewood Arts Presentation- E-Arts Contract Page 143 of 203 1 AMENDMENT NUMBER 1 TO HAMPDEN HALL USE/MANAGEMENT AGREEMENT THIS AMENDMENT NUMBER 1 to the Hampden Hall Use/Management Agreement, made and entered into on this ________ day of ________________, 2023, (the “Effective Date”) by and between the City of Englewood, a Colorado Municipal Corporation (hereafter referred to as the “City”) and the Englewood Cultural Arts Center Association, a Colorado not-for-profit corporation, doing business as Englewood Arts (hereafter referred to as “E-Arts”), and collectively referred to as the “Parties”. WHEREAS, the City developed a cultural arts space for performances, events, and meetings on the second floor of the Civic Center; and WHEREAS, on October 17, 2005, the City entered into an Agreement with E-Arts for the use of Hampden Hall to provide cultural and artistic programs; and WHEREAS, the initial term of the Agreement expired on February 29, 2016; and WHEREAS, On December 3, 2019, E-Arts renewed the Agreement for another 5 years from January 1, 2021 through December 31, 2025; and WHEREAS, the space formally occupied by the Museum of Outdoor Arts (MOA) is currently vacant; and WHEREAS, The City's desires to maximize the use of the Space and the former MOA space, thereby attracting increased numbers of visitors to Englewood and the Civic Center; and WHEREAS, The City desires to enter into this Amendment with E-Arts to assist E-Arts in the conduct of its activities and operations in the Space as expanded herein and to clarify the rights and duties granted by the City and accepted by E-Arts. NOW, THEREFORE, the City and E-Arts hereby enter into this Amendment Number 1 as follows: 1. AMENDMENT TERMS This Amendment is entered into to modify the terms of the original Agreement. 2. MODIFICATIONS AND AMENDMENTS Page 144 of 203 2 A. Section 1.3.1 is added to the Agreement: The City provides use of the following rooms and facilities in the former portion of the former MOA space as shown on Exhibit A attached hereto and incorporated herein: • “Green Room” • “Office” • “Kitchenette Area” • “Closet areas behind museum display walls,” excluding small shelving area in • “White Box Gallery” • “Room A” (After 3:30 P.M. on weekdays and all day on weekends) B. Section 3.1.3 Space Scheduling is modified as follows: E-Arts shall create and maintain a Master Schedule for annual usage of the Space. The Master Schedule shall be developed on a timely basis in order to accommodate the annual event schedule of E-Arts, the City, and other users. The up- to-date Master Schedule must be available to the City at all times in an electronic or print format. E-Arts shall create and maintain a Master Schedule for use of Room A the former MOA space for after 3:30 P.M. on weekdays (Monday through Friday) and all day on weekends (Saturday and Sunday). The up-to-date Master Schedule must be available to the City at all times in an electronic or print format. C. Section 3.1.4 Maintenance is modified as follows: The City, at its own expense, shall provide routine (non-event related) maintenance and cleaning of the facility, per current City standards for the Civic Center. The repair of faulty electrical wiring, not the result of misuse by E-Arts, shall be included in routine maintenance. Also included in routine maintenance shall be the replacement of burned out light bulbs, with the exception of theatrical lighting. The City shall, subject to appropriation, make repairs to the standard equipment, when deemed necessary, in a timely manner, so as to avoid harm to E-Arts events. The City, at its own expense, shall make improvements that it sees fit for the use of Room A in the former MOA space. Improvements may include paint, flooring, cabinetry, and plumbing. E-Arts will have a ten day period to provide feedback to the City on any proposed modifications, with final decisions to be made by the City. The City also agrees to install a door, at its own expense, in the front of the White Box Room within 90 days of the execution of this agreement. D. Section 3.2 Rental Uses and Fees is modified as follows: E-Arts shall be responsible for scheduling all rental uses of the Space and shall retain 100 per cent (100%) of the rental fees. Rental rates shall be established by E-Arts. The City shall not be charged rental fees for its use of the Space, nor shall the City receive rental fees for any of its uses of the Space. All rental inquiries received by the City shall be directed to E- Arts. Page 145 of 203 3 E. Section 3.2.5 Non-competitive use is modified as follows: E-Arts agrees that its uses of the Space will not directly compete with programs offered by the City. F. Section 4.1 City Priority is modified as follows: As lessee of the Space, the City has first priority for scheduling dates for the use of the Space for City or City sponsored functions, and Room A in the former MOA space before 3:30 P.M. on weekdays. G. Section 4.3 MOA priority is stricken from the Agreement. H. Section 8.8 Notices is modified as follows: Museum of Outdoor Arts is removed. I. The following section 8.10 is added to the Agreement Incorporation by Reference: This Agreement is made under and conformable to the provisions of Englewood Municipal Code (EMC) § 4-1-3-4, which provides standard contract provisions for all contractual agreements with the City. Insofar as applicable, the provisions of EMC § 4-1-3-4 are incorporated by reference. J. The following section 8.11 is added to the Agreement: The Parties to this Agreement recognize that EEF will dissolve during the term of this Agreement, and the City of Englewood will acquire ownership of the leased premises, the City of Englewood will automatically become the sole lessor and any obligations of EEF hereunder shall be automatically terminated. K. The following section 8.12 is added to the Agreement Rental Records: E-Arts shall create and maintain rental records for each rental of the Space. The rental records shall detail rental rates, purpose of rental, policy regarding rental discounts, and names of individuals or groups renting the Space. The E-Arts rental records shall be made available to the Public and the City and shall be provided upon the request of the Public or the City. L. The following section 8.13 is added to the Agreement Security: E-Arts shall insure that all doors to the Space are closed and secure when the Space is not in use and afterhours. 3. INCORPORATION BY REFERENCE OF AGREEMENT, ANY PRIOR AMENDMENTS Except as specifically modified herein, all other terms and conditions of the Agreement and any prior amendments thereto are incorporated by reference as if fully set forth herein and shall continue in full force and effect until the expiration of the term or termination of the Agreement. Page 146 of 203 4 CITY OF ENGLEWOOD, COLORADO By: __________________________________ Date: ________________________________ ENGLEWOOD CULTURAL ARTS CENTER ASSOCIATION By: __________________________________ (Signature) ________________________ (Print Name) Title: ___________________________ Date: ____________________________ Page 147 of 203 RESOLUTION NO. SERIES OF 2016 A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN ENGLEWOOD CUL111RAL ARTS CENTER ASSOCIATION (dba E-Asts), AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE MANAGEMENT OF HAMPDEN HALL AT THE ENGLEWOOD CIVIC CENTER. WHEREAS, on October 17, 2005 the City entered into an agreement with E-Arts for the use of Hampden Hall, to provide cultural and artistic programs; and WHEREAS, the initial tenn of the agreement expires on February 29, 2016, E-Arts has requested to enter into a new five year agreement; and WHEREAS, in 2015 there were a total of 76 events held at Hampden Hall, all of which were booked and managed by the Englewood Public Library; and WHEREAS, the Englewood Public Library currently manages the booking and oversight of Hampden Hall spending 300 hours aruiually, and cost of approximately $9,700.00 in routine maintenance and event related costs; and WHEREAS, E-Arts proposes to assume the responsibility for scheduling all rental uses of Hampden Hall, including all routine maintenance and event related costs and in return will retain all rental fees; and WHEREAS, the City would incur a loss ofS3,000 to $5,000 in annual revenue, this loss would be offset by the time and expense currently provided by Public Works facility maintenance and Library staff time spent on booking and management; and WHEREAS, the City and Museum of Outdoor Arts shall have use of Hampden Hall at no cost, with each party responsible for its event related staffing including pre and post event related activities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The agreement between the Englewood Cultural Arts Center Association (dba E-Arts) and the City of Englewood, Colorado pertaining to the management of Hampden Hall, attached hereto as Exhibit I, is hereby accepted and approved by the Englewood City Council Section 2. The Mayor and City Clerk are authorized to execute and attest said Use Agreement for and on behalf of the City of Englewood. ADOPTED AND APPROVED this 4th day of January, 201 Page 148 of 203 I, Loucrishio. A. Ellis, City Clerk for the City ofEnglew cl. Colorado, hereby certify the above is a true copy of Resolution No. Series of 201 . .. 0 Page 149 of 203 '• Hampden Hall Use/Management Agreement This USE/MANAGEMENT AGREEMENT (her$!pfJ efe d to in its entirety as "Agreement''), made and entered into this _4-,-,«idf::la,y o 016, by and be, een the City of Englewood, a Colorado Municipal Corporati (herea er referred to as "L ty"); the Englewood Cultural Arts Center Association, a Colorado not-for-profit corporation, doing business as Englewood Arts (hereafter referred to as E-Arts), and the Museum of Outdoor Arts (hereafter referred to as MOA). RECITALS The City developed, on the second floor of its Civic Center building, a Cultural Arts Space (hereafter referred to as "the Space"), as a cultural performance venue for community arts performances, as well as other events and meeting uses. The CITY leases the Civic Center from the Englewood Environmental Foundation and has fu]) authority and discretion for its use. E-Arts is an Internal Revenue Code 501 (c) 3 organization engaged in developing and presenting cultural and artistic programs for Englewood and the surrounding communities. It is the City's desire to maximize the use of the Space, thereby attracting increased numbers of visitors to Englewood and the Civic Center. The City desires to enter into this Agreement with E-Arts to assist E-Arts in the conduct of its activities and operations in the Space and to clarify the rights and duties granted by the CITY and accepted by E-Arts. The Museum of Outdoor Arts is aware of this agreement and agrees to its current priority use of the Space as defined in Section 4.3. The City Council of the City of Englewood has resolved to enter into this Agreement in accordance with the following terms. NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and the promises hereinafter contained, the parties agree as follows: ARTICLE l Ifil!M 1.1 Premises. The CITY does hereby permit the non-exclusive right to E-Arts to use the Space located in the Civic Center and named Hampden Hal1, located at 1000 Englewood Parkway, Englewood, as shown on Exhibit A attached hereto and incorporated herein. The premises, known as the Space contains approximately 4,000 square feet 1.1.2 Utilities. As lessee of the building, the CITY shall be responsible, at no cost to E- Arts, for the cost of utilities, such as heating, cooling and electricity for the Space .. Page 150 of 203 .. 1.2 Term of Use. The Term of Use, which is the subject of this Agreement, shall commence upon the first day of January 2016, and shall expire on the final day of December 2020. In addition, a joint option to extend the Term of the Agreement for five (5) additional one (1) year periods shall be granted, subject to the following condition: 1.2.1 Written notice of E-Arts election to exercise an option term shall be given no later than twelve months prior to the expiration of the existing term. The CITY shall either accept or deny the extension within thirty (30) days of E-Arts written notice. ARTICLE II FEES 2.1 In recognition of E-Arts' initial contribution of eighty-three thousand dollars ($83,000) toward the construction of the Space, and in recognition of the successful efforts by E-Arts to create and present artistic programs attracting thousands of visitors to the Space during the past ten (10) years, the CITY shall not require E-Arts to pay fees for the right to manage the Space. ARTICLE Ill FACILITY AND STORAGE SPACE 3.1 Facility Equipment. An initial complement of equipment (Attachment Exhibit BJ for the Space has been provided by the CITY and shall be made available to E- Arts. An inventory of the Hampden Hall equipment and furnishings shall be conducted jointly by the City and E-Arts. The condition of the equipment and furnishings provided by the City shall be on a "where is, as is" basis.. The equipment available is to include production equipment, such as lighting fixtures, sound equipment, video projector, drop- down screen and audience related items, such as chairs and tables. Any additional equipment required beyond the standard compliment of equipment for particular events shall be provided by E-Arts, subject to approval by the ClTY. The CITY shall grant favorable consideration to E-Arts for the installation of additional equipment, but it shall not be the responsibility of the ClTY to pay for the equipment or its continued maintenance not included in Attachment A. The parties shall annually assess the compliment of equipment and determine if replacement or upgrades are required; funding of such equipment shall be determined by negotiation between the parties. Replacement or addition by the City of equipment or furnishings is subject to appropriation. 3.1.2 Storage Space. Subject to availability, the CITY shall make space available to E- Arts for the purpose of temporary storage. Only those spaces specifically designated by the CITY for use by E-Arts may be used on an on-going basis. 3.1.3 Space Scheduling. E-Arts shall create and maintain a Master Schedule for annual usage of the Space. The Master Schedule shall be developed on a timely basis in order to accommodate the annual event schedule of E-Arts, the CITY, MOA and other users. The up- to-date Master Schedule must be available to the City at all times in an electronic or print format. 3.1.4. Maintenance. The CITY, at its own expense, shall provide routine (non-event related) maintenance and cleaning of the facility, per current CITY standards for the Civic Page 151 of 203 Center. The repair of faulty electrical wiring, not the result of misuse by E-Arts, shall be included in routine maintenance. Also included in routine maintenance shall be the replacement of burned out light bulbs, with the exception of theatrical lighting. The CITY shall, subject to appropriation, make repairs to the standard equipment, when deemed necessary, In a timely manner, so as to avoid harm to E-Arts events. 3.1.5. Staffing. Each party to this Agreement shall have the sole responsibility for providing staffing for its uses of the Space, including all pre - and post-event chair placement, equipment adjustments, ticketing, event attendants, sound and lighting technicians and post event cleaning, including the public restrooms and rotunda. E-Arts may request assistance from City staff, but shall reimburse the City for any staffing costs so incurred. 3.2 Rental Uses and Fees. E-Arts shall be responsible for scheduling all rental uses of the Space and shall retain 100 per cent (100%) of the rental fees. Rental rates shall be established by E-Arts. The City nor MOA shall not be charged rental fees for its use of the Space, nor shall the City or MOA receive rental fees for any of its uses of the Space. All rental inquiries received by the CITY or MOA shall be directed to E-Arts. 3.2.1 Use Commitment E-Arts shall commit to produce a minimum of thirty (30) uses each year. E-Arts shall make Its best efforts to promote the use of the Space to other performing groups, arts organizations, businesses, organizations and individuals. 3.2.2 Rental Applications. E-Arts shall use the existing or any revised rental application (approved by the CITY) for all uses scheduled by E-Arts and shall provide copies of the completed applications to the CITY. 3.2.3 Food and Beverage Service. Subject to the availability of food and beverage service facilities in the Space, E-Arts shall be granted permission to serve food and beverages to its patrons during its events. E-Arts shall be responsible for obtaining any required health department permits and City and State sales tax licenses required for the sale of food and beverages. Addition of any temporary or permanent food and beverage service facilities shall be subject to the advance approval by the City. 3.2.4 Equipment Use. E-Arts shall engage experienced, skilled sound and/or lighting persons to operate the CITY-owned equipment in the Space. 3.2.S Non-competitive Use. E-Arts agrees that its uses of the Space will not directly compete with programs offered by the City or the Museum of Outdoor Arts. 3.2.6 Civic Center Entrances. The CITY agrees to keep all Civic Center public entrance doors open during the times of E-Arts uses of the Space. E-Arts shall be responsible for notifying the City of event dates and times, or any cancellations or changes in event dates and times, at least 48 hours in advance of any event Page 152 of 203 ARTICLE IV SCHEDULING PRIORITY 4.1 City Priority. As lessee of the Space, the CITY has first priority for scheduling dates for the use of the Space for City or City sponsored functions 4.2 E-Arts Priority. The second priority for scheduling will be programs that are offered and/or presented by E-Arts or jointly by the CITY and E-Arts. 4.3 MOA Priority. MOA agrees to having third priority for the scheduling of it events in the Space and shall provide E-Arts with copies of the Use Applications for inclusion in the Master Schedule. 4.4 Requests for Event Date. The CITY may request a date for use of the Space based on an anticipated event, but for which an "Event Use Application" has not yet been completed. This shall be designated an "Event Hold." If E-Arts requests the same date and is prepared to enter into a formal "Event Use Application," the CITY must, within 48 hours, submit an "Event Use Applicationn or lose its priority for that date. E-Arts and the CITY shall mutually resolve disputes over dates. ARTICLEV SIGNAGE, PROMOTION AND NAMING RIGHTS 5.1 Signage. The CITY has provided appropriate signage on the south outside wall of the Civic Center and in various locations within the Civic Center to direct patrons to the Space. 5.2 Promotion. E-Arts will be responsible for providing, on a timely basis, information about its events for appropriate placement within the Civic Center and the City Center Englewood. In addition, as appropriate, the CITY may, subject to time and availability include E-Arts performance information on the City's website and Citizen Newsletter. 5.3 Naming Rights. The CITY and E-Arts may enter into discussions regarding potential revenue generation to fund capital and/or operating expenses of the Space in exchange for naming rights. Such discussions shall include consideration of the appropriateness, the level of contribution to be so honored and what portion of the Space should be defined as a naming opportunity. Final approval for naming rights shall remain solely with the City of Englewood. ARTICLE VI INSURANCE AND INDEMNITY 6.1 E-Arts Liability Insurance. 6.1.1 Public Liability. E-Arts shall, during the term of this Agreement. keep in full force and affect a policy of commercial general public liability insurance with personal injury and property damage limits in an amount of not less than $1,000,000 per occurrence and $2,000,000 aggregate. The policy shall name the CITY and the Englewood Environmental Page 153 of 203 .. Foundation (EEFJ as additional insured and shall contain a clause that the insurer will not cancel or change the insurance without first giving the CITY ten (10) days prior written notice. The insurance shall be with a company qualified to do business in Colorado, and a copy of the policy or evidence of insurance, in a form approved by the CITY, shall be delivered to the CITY within thirty (30) days of the execution of this Agreement 6.1.2 Worker's Compensation. To the extent required by law, E-Arts shall procure and maintain worker's compensation coverage for its employees. 6.2 E•Arts Property Insurance, E-Arts agrees that it shall keep its furniture, fixtures, merchandise, equipment and all items it is obliged to maintain and repair under this agreement insured against loss or damage by fire and all risk endorsements. It is understood and agreed that E-Arts assumes alJ risk of damage to its own property arising from any cause whatsoever, including, but without limitation, loss by theft or otherwise. 6.3 8-Arts Indemnity. E-Arts shall indemnify and hold harmless the CITY and the Englewood Environmental Foundation harmless from and against any and all losses, claims and damages arising from E -Arts' use of the Space, or the conduct of its business or from any act or omission or activity, work or thing done, permitted or suffered by E-Arts in the Space, and sha)) further indemnify and hold the CITY harmless from and against any and all claims arising from any breach or default in the performance of any obligation of E-Arts to be performed under the terms of this Agreement, or arising from any act or negligence of E- Arts or any of its agents, contractors or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in connection therewith. The CITY shall not be liable for injury or damage, which may be sustained by the person, goods, wares, merchandise or property of E -Arts, its employees, invitees or customers, or any other person in the Space however caused. 6.4 E-Art Third Party Use. E-Arts shall be responsible for all third party use of the Space and shall require certifications of insurance from those third party users naming the CITY and EEF as additional insureds. ARTICLE VII DEFAULT 7.1 Default by E-Art. Subject to the E-Arts' notice and cure rights set forth below, the CITY may terminate this Agreement upon default by E-Arts under this Agreement Notice of default determination, which shall state the designated date of the default, shall be in writing, delivered by certified U. S. Mail, Return Receipt Requested, at least thirty (30) days prior to the designated date for default determination of this Agreement. E-Arts shall have ten (10) business days from receipt of a default determination notice to correct or commence such correction if such correction cannot be reasonably corrected within such ten (10) days. If so corrected, or commenced and corrected, within a reasonable time then this Agreement shall not terminate. Upon termination for default, E-Arts shaJI reimburse any and all charges due to the CITY for which it is entitled under this Agreement 7.2 Annual Performance Review. The City shall, on an annual basis following the completion of the E-Arts season (on or about July 1) evaluate and assess the E-Art's Page 154 of 203 .. compliance with all contract terms and performance standards. Any deficiencies noted shall be subject to the default provision in 7.1. 7.3 Termination, In the event that the building in which the Space is located is sold or vacated prior to the termination of this Agreement, or any subsequent renewal period, the parties hereby acknowledge that this Agreement and the parties' duties under this Agreement shall terminate. 7.4 Notification of Termination. In the event that Hampden Hall is sold or the City requires E-Arts to vacate the premises prior to the termination of this agreement, or any subsequent renewal, the City shall provide E-Arts with written notice at least 360 days prior to the required vacation. ARTICLE VII MISCELLANEOUS 8.1 Time of Essence. Time is of the essence. 8.2 Assignment. E-Arts shall not assign this agreement or any interest herein, without the prior written consent of the CITY, in its sole and subjective discretion. 8.3 Severability. The validity of a provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 8.4 Entire Agreement. This Agreement, along With any exhibits or attachments hereto, constitutes the entire agreement between the parties relative to the Space and Programming, and there are no oral agreements or representations between the parties with respect to the subject matter thereof. This Agreement supersedes and cancels all prior agreements and understandings with respect to the subject matter thereof. The Agreement may be modified only in writing, signed by the parties in interest at the time of modification. 8.5 Third- Party Beneficiary. Nothing herein shall be construed as giving rise to any rights or benefits to any third party. E-Arts and the CITY expressly disclaim any intent to create any third-party beneficiary status or rights in any person or entity not a party to this Agreement 8.6 Binding Effect: Choice of Law. Subject to any provision hereof restricting assigning by E-Arts, this Agreement shal) bind the parties, their successors and assigns. The laws of the State of Colorado shall govern this Agreement. 8.7 Authority, Each individual signing this Agreement on behalf of the respective parties represents and warrants that he/she is duly authorized to sign and deliver this Agreement on behalf of such party and that this Agreement is binding upon each party in accordance with its terms. Page 155 of 203 8.8 Notices. All notices, coordination, and other communication required or permitted by this Agreement shall be made to the following persons: CITY OF ENGLEWOOD City Manager City of Englewood 1000 Englewood Parkway Eng]ewood, CO 80110 Englewood Cultural Arts Center Executlve Director 1000 Englewood Parkway Englewood, CO 80110 Museum of Outdoor Arts Executive Director 1000 Englewood Parkway Englewood, CO 80110 8.9 Nondiscrimination. E•Arts shall make its services and programs available to all persons, regardless of race, color, age, creed, national origin, sex, or disability. IN WITNESS WHEREOF, the parties hereto have affixed their signatures to the Agreement the day and year first above written. ENGLEWOOD CULTURAL ARTS CENTER ASSOCIATION By: , Its: &K ec.vf,ve Oicet!f,;,..- MUSEUM OF OUTDOOR ARTS By: -_y;. Its: Page 156 of 203 Page 157 of 203 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 1/1/2022 Amendment Amount End Date 12/31/2022 Amended Contract Amount Total Term in Years 1.00 Vendor Contact Information: Name Contact Address Phone Email Englewood CO City State Zip Code Contract Type: Please select from the drop down list Description of Contract Work/Services Procurement Justification of Contract Work/Services CONTRACT APPROVAL SUMMARY Eric Bertoluzzi 1000 Englewood Parkway Lease $ - $ - $ - (303)-762-2317Tim Dodd tdodd@englewoodco.govDeputy City Manager Renewal options available Contract expires on December 31, 2023 The City seeks to amend its existing agreement with Englewood Arts, a local nonprofit. The amendment will provide Englewood Arts with the use of additional space on the second floor of the Englewood Civic Center. The City will incur the cost to modify the space in the amount of approximately $20,000. The city has agreed to modify the space on the second floor of the Englewood Civic Center for Englewood Arts use at a cost of approximately $20,000. Staff recommends using funds set aside in the Captial Projects Fund Facilities and Operations Project 31 1005-001. 80110 Payment or Revenue terms (please describe terms or attached schedule if based on deliverables) (303)-762-2317 ebertoluzzi@hotmail.com The City will provide Englewood Arts with the use of space on the second floor of the Englewood Civic Center, amending the existing contract which allows for the use of Hampden Hall. In return, Englewood Arts will offer arts-related programming for the City community. Page 158 of 203 CONTRACT APPROVAL SUMMARY Source of Funds: Revenue CAPITAL ONLY A B C 1=A-B-C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining C -$ -$ -$ -$ C 2023 31 1005-001 Englewood Arts 1,750,902$ 134,635$ 20,000$ 1,596,267$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total Current Year 1,750,902$ 134,635$ 20,000$ 1,596,267$ C -$ -$ -$ -$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ GRAND TOTAL 1,750,902$ 134,635$ 20,000$ 1,596,267$ Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: NOTES/COMMENTS (if needed): For Operating Line Item Detail, please review information provided in Tyler New World For Capital Items, please review Prior Month's Project Status and Fund Balance Report General Ledger Account String Solicitation:Evaluation Summary/Bid Tabulation Attached Proposal/Bid Attached Prior Month-End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 159 of 203 Contract Amendment with Englewood Arts-Partial Use of the Second Floor of the Civic Center Page 160 of 203 Englewood Arts •Founded in 2002 •Community resource dedicated to enriching the lives of children and adults through art education, performance, and partnership •Holds a music performance series presenting top artists and performers including musicians from the Colorado Symphony Orchestra and dance Page 161 of 203 Agreement Terms The City agrees to: •Provide use of a portion of the former MOA space to Englewood Arts. All of these areas will be for the exclusive use of E-Arts, with the exception of a meeting space (“Room A”) and a conference room, with the City retaining use of Room A before 3:30PM on weekdays and of the conference room before 5:00PM on weekdays •Provide routine (non-event related maintenance and cleaning of the space •Make improvements to Room A, which may include paint, flooring, cabinetry, and plumbing; and •Install a door that allow for visibility into the White Box Room within 90 days of the execution of the contract amendmentPage 162 of 203 Agreement Terms E-Arts will: •Utilize the space to promote the arts in Englewood; •Maintain a Master Schedule for the annual use of the space; and •Schedule all rental uses of the space. Page 163 of 203 Page 164 of 203 Questions?Page 165 of 203 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Shawn Lewis, Tim Dodd DEPARTMENT: City Manager's Office DATE: July 24, 2023 SUBJECT: Approval of contract with Historic Englewood for use of a portion of the Englewood Civic Center DESCRIPTION: Approval of contract with Historic Englewood for use of a portion of the Englewood Civic Center RECOMMENDATION: Staff recommends that Council consider approval of a contract between the City of Englewood ("the City") and Historic Englewood for a use of a portion of the Englewood Civic Center ("Civic Center"). SUMMARY: In partnership with the Englewood Environmental Foundation and the Museum of Outdoor Arts (MOA), the City developed a cultural arts space on the second floor of the Englewood Civic Center. As MOA no longer needed an indoor location, the City wanted to continue to utilize a portion of this space for nonprofit organizations. Staff is proposing that Council enter into agreements with Historic Englewood and Englewood Arts to continue to utilize this space for cultural programs and installations. Historic Englewood proposes to keep its collection in the space and have it open to the public at least one day per week and to also run programming open to the public, which may occur in the Civic Center. Under the terms of the agreement, Historic Englewood will utilize a portion of the open gallery space, as well as a large storage area for collections. ANALYSIS: Commitments of the City Under the terms of the agreement, the City will allow Historic Englewood the: • non-exclusive right to utilize the space located on the second floor of the Civic Center with an initial term running through December, 2023 • A grant not to exceed $50,000 for improvements to the space; indoor and outdoor signage; grant writing; consulting; archiving; presentation equipment and displays; web development; and other start-up costs; and • Routine maintenance of the space; and • Access to the Civic Center during times of Historic Englewood use of the space Commitments of Historic Englewood Under the terms of the agreement, Historic Englewood will: Page 166 of 203 • Open the space to the public one day per week; • Produce a minimum of four historic lectures or other programs for the residents of Englewood, which may be held outside of the space; and • Notify the City of event dates and times. Updates based on Study Session Changes made after the Study Session discussion include: • Changing the date on the contract; • Added information relative to securing doors; • Added information relative to Historic Englewood being able to utilize the conference room; and • Detailing the definition of "The Space." COUNCIL ACTION REQUESTED: Staff recommends that Council consider approval of a contract between the City of Englewood ("the City") and Historic Englewood for a use of a portion of the Englewood Civic Center ("Civic Center"). FINANCIAL IMPLICATIONS: The City will provide the contractual space to Historic Englewood at no cost and will contribute a grant not to exceed $50,000 which may be used for: • Improvements to the space; • Indoor and outdoor signage; • Grant writing • Consulting; • Archiving; • Presentation equipment and displays; • Web development; and • Other start up costs that facilitate development of the space Should Council approve this agreement and associated $50,000 startup grant, the funding will be allocated to the Unassigned Fund Balance in the next scheduled budget amendment. OUTREACH/COMMUNICATIONS: Under the terms of the agreement, Historic Englewood agrees to open the space for the public to interact with their collections for at least one day a week, and to offer at least four events per year for Englewood residents which may be in the space. ATTACHMENTS: Agreement between the City and Historic Englewood Presentation- Historic Englewood Contract Contract Approval Summary- Historic Englewood Page 167 of 203 CIVIC CENTER SECOND FLOOR LEASE TO ENGLEWOOD HISTORIC PRESERVATION SOCIETY DBA HISTORIC ENGLEWOOD THIS USE AGREEMENT (the “Agreement''), made and entered into this day of , 2023, (the “Effective Date”) by and between the the City of Englewood, a Colorado Municipal Corporation (hereafter referred to as "City") and the Englewood Historic Preservation Society, a Colorado not-for-profit corporation, doing business as Historic Englewood (hereafter referred to as Historic Englewood). RECITALS WHEREAS, The City developed on a portion of the second floor of the Englewood Civic Center building a cultural arts space (hereafter referred to as "the Space") to be used as a museum for the community; and WHEREAS, Historic Englewood is an Internal Revenue Code 501 (c) 3 organization engaged in developing and presenting cultural programs for Englewood and the surrounding communities; and WHEREAS, It is the City's desire to maximize the use of the Space, thereby attracting increased numbers of visitors to Englewood and the Civic Center; and WHEREAS, The City desires to enter into this Agreement with Historic Englewood and assist Historic Englewood in the conduct of its activities and operations in the Space and to clarify the rights and duties granted by the City and accepted by Historic Englewood; and WHEREAS, The City Council of the City of Englewood has resolved to enter into this Agreement in accordance with the following terms. NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements herein, and for other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties do hereby agree as follows: Page 168 of 203 ARTICLE I TERM 1.1 Premises. The City does hereby permit the non-exclusive right to Historic Englewood to use a portion of the Space (“Premises” and “Common Areas” herein) located on the second floor of the Civic Center as shown on the drawing attached hereto, located at 1000 Englewood Parkway, Englewood Colorado as shown on Exhibit A attached hereto and incorporated herein. 1.1.2 Term of Use. The Initial Term of Use, which is the subject of this Agreement, shall commence upon the first day of August 2023, and shall expire on the final day of December 2023. Following the Initial Term of Use this Agreement will automatically renew for successive twelve month terms until the termination of the Agreement. 1.1.3 Timing for Use. Historic Englewood agrees to substantially complete the build out of the space in six months from the execution date of this Agreement and be open to the public for at least one day per week after six months. 1.2 Utilities. The City shall be responsible, at no cost to Historic Englewood, for the cost of utilities, such as heating, cooling, and electricity for the Space. ARTICLE II FEES & GRANT 2.1 In recognition of Historic Englewood’s work to create a local history museum in the Space, the City will provide the Space to Historic Englewood at no cost and will contribute a grant not to exceed $50,000 for improvements to the Premises and Space, indoor and outdoor signage, grant writing, consulting, archiving, presentation equipment and displays, web development, and other startup costs that facilitate development of the museum. ARTICLE III MAINTENANCE 3.1 Maintenance. The City, at its own expense, shall provide routine (non -event related) maintenance and cleaning of the Space, per current City standards for the Civic Center. The repair of faulty electrical wiring, not the result of misuse by Historic Englewood, shall be included in routine maintenance. Also included in routine maintenance shall be the replacement of burned out light bulbs. The City shall, subject to appropriation, make repairs to the Premises and Space, when deemed necessary. 3.1.2 Use Commitment. Following construction of exhibition setup, Historic Englewood shall commit to open the Premises and Space to the public one day per week and produce a minimum of four historic lectures or other programs for the residents of Englewood. Historic lectures may be held at other locations outside of the Space. Page 169 of 203 3.2 Food and Beverage Service. Subject to the availability of food and beverage service facilities in the Space, Historic Englewood shall be granted permission to serve food and beverages to its patrons during its events. Historic Englewood shall be responsible for obtaining any required health department permits and City and State sales tax licenses required for the sale of food and beverages. Excluding a refrigerator for museum use, the addition of any temporary or permanent food and beverage service facilities shall be subject to advance approval by the City. 3.2.1 Beverages Containing Alcohol or Liquor. Subject to the the provisions of section 3.2 of this Agreement Historic Englewood shall be responsible for obtaining any required City and State permits and sales tax licenses required for the sale of beverages containing alcohol or liquor. 3.2.1 Civic Center Entrances. The City agrees to keep all Civic Center public entrance doors open during the regular business hours of the Civic Center and such times of Historic Englewood use of the Space. Historic Englewood shall be responsible for notifying the City of event dates and times, or any cancellations or changes in event dates and times, at least 48 hours in advance of any event. ARTICLE IV INSURANCE AND INDEMNITY 4.1 Historic Englewood Liability Insurance. Historic Englewood shall, during the Term of this Agreement, keep in full force and effect a policy of commercial general public liability insurance with personal injury and property damage limits in an amount of not less than $1,000,000 per occurrence and $2,000,000 aggregate. The policy shall name the City as additional insured. 4.2 Historic Englewood Property Insurance. Historic Englewood agrees that it shall keep its furniture, fixtures, artifacts, equipment, and all items it is obliged to maintain and repair under this Agreement insured against loss or damage by fire and all risk endorsements. It is understood and agreed that Historic Englewood assumes all risk of damage to its own property arising from any cause whatsoever, including, but without limitation, loss by theft or otherwise. 4.3 Historic Englewood Indemnity. Historic Englewood shall indemnify and hold harmless the City harmless from and against any and all losses, claims and damages arising from Historic Englewood’s use of the Premises and Space, or the conduct of its business or from any act or omission or activity, work or thing done, permitted or suffered by Historic Englewood in the Space, and shall further indemnify and hold the City harmless from and against any and all claims arising from any breach or default in the performance of any obligation of Historic Englewood to be performed under the terms of this Agreement, or arising from any act or negligence of Historic Englewood or any of its agents, contractors or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in connection therewith. The City shall not be liable for injury or damage, which may be sustained by the person, goods, wares, artifacts or property of Historic Englewood, its employees, invitees or customers. Page 170 of 203 ARTICLE V DEFAULT 5.1 Default by Historic Englewood. Subject to the notice and cure rights set forth below, the City may terminate this Agreement upon default by Historic Englewood under this Agreement notice of default determination, which shall state the designated date of the default, shall be in writing, delivered by certified U. S. Mail, Return Receipt Requested, at least thirty (30) days prior to the designated date for default determination of this Agreement. Historic Englewood shall have ten (10) business days from receipt of a default determination notice to correct or commence such correction if such correction cannot be reasonably corrected within such ten (10) days. If so corrected, or commenced and corrected, within a reasonable time then this Agreement shall not terminate. Upon termination for default, Historic Englewood shall reimburse any and all charges due to the City for which it is entitled under this Agreement. 5.3 Termination. The City may, without cause and without penalty, terminate this Agreement with 60-days prior notice to Historic Englewood of the City’s desire to occupy the Space or vacate the space as needed to facilitate the redevelopment of the building and associated City Center area. In the event that the building in which the Space is located is sold or vacated prior to the termination of this Agreement, or any subsequent renewal period, the parties hereby acknowledge that this Agreement and the parties' duties under this Agreement shall terminate. 5.4 Notification of Termination. In the event that the Civic Center is redeveloped, or the City requires Historic Englewood to vacate the Premises prior to the termination of this Agreement, or any subsequent renewal, the City shall provide Historic Englewood with written notice at least 60 days prior to the required vacating. ARTICLE VI MISCELLANEOUS 6.1 Time of Essence. Time is of the essence. 6.2 Assignment. Historic Englewood shall not assign this Agreement or any interest herein, without the prior written consent of the City, in its sole and subjective discretion. 6.3 Severability. The validity of a provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way effect the validity of any other provision hereof. 6.4 Entire Agreement. This Agreement, along with any exhibits or attachments hereto, constitutes the entire agreement between the parties relative to the Space and Programming, and there are no oral agreements or representations between the parties with respect to the subject matter thereof. This Agreement supersedes and cancels all prior agreements and understandings with respect to the subject matter thereof. The Agreement may be modified only in writing, signed by both parties in interest at the time of modification. Page 171 of 203 6.5 Third- Party Beneficiary. Nothing herein shall be construed as giving rise to any rights or benefits to any third party. Historic Englewood and the City expressly disclaim any intent to create any third-party beneficiary status or rights in any person or entity not a party to this Agreement. 6.6 Binding Effect: Choice of Law. Subject to any provision hereof restricting assigning by Historic Englewood, this Agreement shall bind the parties, their successors, and assigns. The laws of the State of Colorado shall govern this Agreement. 6.7 Authority. Each individual signing this Agreement on behalf of the respective parties represents and warrants that he/she is duly authorized to sign and deliver this Agreement on behalf of such party and that this Agreement is binding upon each party in accordance with its terms. 6.8 Notices. All notices, coordination, and other communication required or permitted by this Agreement shall be made to the following persons: City of Englewood Englewood Historic Preservation Society City Manager Board of Directors 1000 Englewood Parkway P.O Box 11234 Englewood, CO 80110 Englewood, CO 80151 cmo@englewoodco.gov contact@historicenglewood.org 6.9 Nondiscrimination. Historic Englewood shall make its services and programs available to all persons, regardless of race, color, age, creed, national origin, sex, or disability; and, through exhibits and programming, will work to represent and highlight the diversity of cultures that have shaped Englewood and historic Arapahoe County including Native Americans, Asian immigrants, Hispanic immigrants to name a few. 6.10 Incorporation by Reference. This Agreement is made under and conformable to the provisions of Englewood Municipal Code (EMC) § 4-1-3-4, which provides standard contract provisions for all contractual agreements with the City. Insofar as applicable, the provisions of EMC § 4-1-3-4 are incorporated by reference. 6.11 The Parties to this Agreement recognize that EEF will dissolve during the term of this Agreement, and the City of Englewood will acquire ownership of the leased Premises and Space, the City of Englewood will automatically become the sole lessor and any obligations of EEF hereunder shall be automatically terminated. 6.12 Rental Records and Event Schedules. Historic Englewood shall create and maintain rental records and event schedules for each rental or event at the Space. The rental records shall detail rental rates, purpose of rental, policy regarding rental discounts, and names of in dividuals or groups renting the Space. The Historic Englewood rental records or event schedules shall be made available to the Public and the City and shall be provided upon the request of the Public or the City. 6.13 Security. Historic Englewood shall insure that the doors to the Space are closed and secure when the Space is not in use and afterhours. 6.14 Conference Room. Historic Englewood will be permitted the use of the conference room located in the Space two times per month for their board meetings. Historic Englewood’s use of Page 172 of 203 the conference room shall not conflict with E-Arts or City use of the room and Historic Englewood will provide at least forty-eight hour notice to E-Arts and the City of their intent to use the conference room. IN WITNESS WHEREOF, the parties hereto have affixed their signatures to the Agreement the day and year above written. CITY OF ENGLEWOOD By: City Manager HISTORIC ENGLEWOOD By: President Page 173 of 203 Contract with Historic Englewood-Partial Use of the Second Floor of the Civic Center Page 174 of 203 Historic Englewood •Formerly known as the Englewood Historic Preservation Society •Dedicated to preserving Englewood’s past •Maintains collections of various artifacts and documents related to the history of Englewood •Hosts lectures and events to celebrate the history of Englewood •Maintains a newsletter to share events and moments in Englewood history Page 175 of 203 Agreement Terms The City will provide: •A grant not to exceed $50,000 for improvements to the space; indoor and outdoor signage; grant writing; consulting; archiving; presentation equipment and displays; web development; and other start-up costs •Routine (non-event related) maintenance and cleaning •Access to the Civic Center during times of Historic Englewood use of the space Page 176 of 203 Agreement Terms Historic Englewood will: •Open the space to the public one day per week •Produce a minimum of four historic lectures or other programs for the residents of Englewood, which may be held outside of the space •Notify the City of event dates and times Page 177 of 203 Page 178 of 203 Questions?Page 179 of 203 Contract Number City Contact Information: Staff Contact Person Phone Title Email Summary of Terms: Original Contract Amount Start Date 5/30/2023 Amendment Amount End Date 12/31/2023 Amended Contract Amount Total Term in Years 0.59 Vendor Contact Information: Name Contact Address Phone Email Englewood CO City State Zip Code Contract Type: Please select from the drop down list Description of Contract Work/Services Procurement Justification of Contract Work/Services Payment or Revenue terms (please describe terms or attached schedule if based on deliverables) contact@historicenglewood.org The City will provide Historic Englewood with a grant of up to $50,000 for improvements to the space, indoor and outdoor signage, grant writing, consulting, archiving, presentation equipment and displays, web development, and other startup costs that facilitate development of the museum. The City will be providing Historic Englewood with the use of a portion of the second floor of the Englewood Civic Center, and will also be providing a grant of up to $50,000 for consulting and renovation fees to ensure that the space is useable per the terms of the contract. Historic Englewood agrees to open its space to the public at least one day per week and to offer four lectures/programs per year for members of the Englewood community, which may be in the Staff recommends the use of the General Funds Unassigned Fund Balance. 80151 $ 50,000 $ - $ 50,000 (303)-762-2317Tim Dodd tdodd@englewoodco.govDeputy City Manager Renewal options available CONTRACT APPROVAL SUMMARY Historic Englewood Board of Directors P.O. Box 11234 Lease Page 180 of 203 CONTRACT APPROVAL SUMMARY Source of Funds: Revenue CAPITAL ONLY A B C 1=A-B-C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining C -$ -$ -$ -$ C -$ -$ -$ -$ O 02 26201 Englewood Historic Preservation Society -$ -$ 50,000$ (50,000)$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total Current Year -$ -$ 50,000$ (50,000)$ C -$ -$ -$ -$ C -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ O -$ -$ -$ -$ Total - Year Two -$ -$ -$ -$ GRAND TOTAL -$ -$ 50,000$ (50,000)$ Process for Choosing Contractor: Solicitation Name and Number Attachment (For Capital Items Only / Expense Line Item Detail is Located in OpenGov): All Other Attachments: General Ledger Account String General Fund Unassigned Fund Balance NOTES/COMMENTS (if needed): For Operating Line Item Detail, please review information provided in Tyler New World For Capital Items, please review Prior Month's Project Status and Fund Balance Report Solicitation:Evaluation Summary/Bid Tabulation Attached Proposal/Bid Attached Prior Month-End Project Status and Fund Balance Report Evaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedEvaluation Summary/Bid Tabulation AttachedContract Copy of Original Contract if this is an Amendment Copies of Related Contracts/Conveyances/Documents Addendum(s) Exhibit(s) Certificate of Insurance Page 181 of 203 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: City Clerk's Office DATE: July 24, 2023 SUBJECT: Approval of a contract with Community Resource Services of Colorado, LLC for election administration. DESCRIPTION: Contract for election services for recall special election RECOMMENDATION: Staff recommends the City Council approve, by motion, a professional services agreement with Community Resource Services of Colorado, LLC. in the amount of not to exceed $137,700.00 for election administration and assistance for the Recall Special Election. PREVIOUS COUNCIL ACTION: On July 17, 2023 Council approved the supplemental budget to fund the Recall Special Election and approved first reading to set the date for Special Recall Election on October 3, 2023. SUMMARY: The City Charter (Article IV. Recall- Chapter 34) states that if a petition is filed within the time specified and is proper in all respects, the Council shall set a date for a recall election to be held not less than sixty days nor more than one hundred twenty days after filling of the recall petition. The Arapahoe County Clerk and Recorder's Office indicated that, due to the proximity to the state-wide November election, they would not be able to assist the City with managing this election. As a result, the City Clerk's Office is requesting funding not to exceed $137,000 to enter into a contract with a vendor for election services for the October special election. ANALYSIS: Election Background On April 19, 2023 affidavits to recall District 1 Council Member (Mayor) Othoniel Sierra, District 2 Council Member Chelsea Nunnenkamp, and District 3 Council Member Joe Anderson were filed with the City Clerk. Approved petitions began to circulate on May 7, 2023. The recall petition for District 2 was timely filed and deemed sufficient on June 15, 2023, the recall petition for District 1 was timely filed and deemed sufficient on June 23, 2023, and a recall petition for District 3 Council Member Joe Anderson was timely filed and deemed sufficient, however, it will be presented to Council on August 7 following the protest period. In accordance with the Englewood Charter, the recall election can be held between August 7, 2023 and October 6, 2023. Staff has requested a special recall election date for District 1, District 2, and District 3 on October 3, 2023. The City Clerk's office is already conducting a coordinated municipal election on November 7 and feel it is best practice to hire a highly specialized consultant in election administration for this multi-district recall election. Page 182 of 203 Vendor Background Community Resource Services of Colorado, LLC (CRS) is highly experienced and their skilled team’s mission is to provide cost-effective consulting services in the areas of management, election administration and accounting for local governments. Through the years, CRS has successfully conducted hundreds of elections for clients across Colorado. CRS can provide special election services to Englewood for the anticipated recall election. CRS offers cost- effective customized services, can develop and implement a customized management and financial plan that is cost-effective in achieving your goals and objectives. They are a one-stop source for management accounting, financial consulting, elections, billing services, project management, and field supervision. They can provide 24-hour, 7 days a week emergency response and have over 200 years of combined experience in the industry. CRS will acquire firm quotes from suppliers for printing and mailing of the required ballot packets, keeping in mind the most cost-effective option for Englewood while meeting all statutory compliance requirements. CRS will not mark up the hard costs of the election. Englewood will pay the vendors directly. CRS does have an automated system to scan ballots into the poll book. The hours spent to conduct an election can vary depending on community involvement and interest and the need for community/coordination meetings. CRS bills on a time and materials basis. Englewood will only be billed for actual time spent. Englewood will be responsible to pay all hard costs directly to the vendors for printing and mailing of ballots and programming charges incurred with the poll book and counting machines. COUNCIL ACTION REQUESTED: Staff recommends City Council approve, by motion, a professional services agreement with Community Resource Services of Colorado, LLC. in the amount of not to exceed $137,700.00 for Election administration and assistance for the Recall Special Election. FINANCIAL IMPLICATIONS: The recall election will be funded utilizing an appropriation approved by Council as 2023 Supplemental Budget #3 on Monday, July 17th in the amount of $138,000. ATTACHMENTS: Contract approval summary PSA-23-116 Page 183 of 203 Contract Number City Contact Information: Staff Contact Person 303-762-2405 Title Email Summary of Terms: Original Contract Amount Start Date 7/24/2023 Amendment Amount End Date 12/31/2022 Amended Contract Amount Total Term in Years -0.56 Vendor Contact Information: Name Contact Address Phone Email Greenwood Village CO City State Zip Code Contract Type: Please select from the drop down list Description of Contract Work/Services Procurement Justification of Contract Work/Services Source of Funds: Revenue CAPITAL ONLY A B C 1=A-B-C Capital Tyler New World Spent To Contract Budget Operating Year Project # / Task #Fund Division Account Line Item Description Contract Title Budget Date Amount Remaining C - $ - $ - $ - $ C - $ - $ - $ - $ O 2023 02 0602 54102 138,000 $ - $ 137,700 $ 300 $ O - $ - $ - $ - $ O - $ - $ - $ - $ Total Current Year 138,000 $ - $ 137,700 $ 300 $ C - $ - $ - $ - $ C - $ - $ - $ - $ O - $ - $ - $ - $ O - $ - $ - $ - $ O - $ - $ - $ - $ Total - Year Two - $ - $ - $ - $ GRAND TOTAL 138,000 $ - $ 137,700 $ 300 $ NOTES/COMMENTS (if needed): Budget Supplemental for this Special Election was approved by Council on July 17, 2023 For Operating Line Item Detail, please review information provided in Tyler New World For Capital Items, please review Prior Month's Project Status and Fund Balance Report Election 80111 PSA-Professional Services Agreement Election Administration for Recall Special Election on October 3, 2023 Highly experienced, skilled and cost effective consulting services for election administration. CRS has successfully conducted hundreds of election in Colorado and are availa General Ledger Account String Community Resouce Services of Colorado, LLC Sue Blair 7995 E Prentice Ave Suite 103E 303-381-4960 $ 137,700 $ - $ 137,700 Renewal options available Payment or Revenue terms (please describe terms or attached schedule if based on deliverables)Pay with final invoice after Election Administration CONTRACT APPROVAL SUMMARY PSA-23-116 Stephanie Carlile City Clerk scarlile@englewoodco.gov Page 184 of 203 Eiigilewood VROCUREMENT oivisiou PROFESSIONAL SERVICES AGREEMENT Contract Number PSA-23-116 ELECTIONADMINISTRATION &ASSISTANCE -RECALL SPECIAL ELECTION Not to exceed $137,700.00 This Professional Services Agreement (the “Agreement")is made as of this (the "Effective Date")by and between Community Resource Services of Colorado,LLC.a Colorado corporation (“Consultant”),and The City of Englewood,Colorado.a municipal corporation organized under the laws of the State of Colorado (“City"). City desires that Consultant.from time to time provide certain consulting services,systems integration services.data conversion services,training services,and/or related services as described herein,and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. in consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged.the parties hereto. intending to be legally bound,agree as follows. 1.Defin ons.The terms set forth below shall be de?ned as follows. (a)‘Intellectual Property Rights" shall mean any and all (by whatever name or term known or designated)tangible and intangible and now known or hereafter existing (1)rights associate with works of authorship throughout the universe,including but not limited to copyrights,moral rights,and mask- works,(2)trademark and trade name rights and similar rights,(3)trade secret rights.(4) patents,designs,algorithms and other industrial property rights,(5)all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated)(including logos, “renta|"rights and rights to remuneration), whether arising by operation of law,contract. license,or otherwise,and (6)all registrations, initial applications,renewals,extensions. continuations,divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b)"Work Product”shall mean all patents,patent applications,inventions, designs,mask works,processes, methodologies,copyrights and copyrightable works.trade secrets including con?dential information.data.designs,manuals,training materials and documentation.formulas, knowledge of manufacturing processes, methods,prices,financial and accounting data, products and product specifications and all other intellectual Property Rights created, developed or prepared,documented andlor delivered by Consultant,pursuant to the provision of the services. (c)"Contract"shall mean this instrument.Attachment A the Outline of me Statement of Work,Attachment B Consultant's Proposal,Attachment C Certificate of Insurance and any instmments,drawings and documents which are attached or incorporated by reference.The Consultant.by executing this Contract,agrees to comply with all such terms and conditions and attachments.in addition,any exhibits provided by the Consultant,shall be incorporated and made a part of this Contract. 2.Statements of Work.During the term hereof and subject to the terms and conditions contained herein,Consultant agrees to woo Fnglswood Parkway,Engiewood.Colorado 80110-7373 (303)762-2300 wwweng-ewooitgov org FSA #23-I16 Page 185 of 203 provide,on an as requested basis,the consulting services,systems integration services,data conversion services,training services,and related services (the “Services”) as further described in Attachment A (the “Outline of Statement of Work")for City,and in such additional Statements of Work as may be executed by each of the parties hereto from time to time pursuant to this Agreement.Each Statement of Work shall specify the scope of work,specifications,basis of compensation and payment schedule,estimated length of time required to complete each Statement of Work,including the estimated startlfinish dates,and other relevant information and shall incorporate all terms and conditions contained in this Agreement 3.Performance of Services. (a)Performance.Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications,if any,set forth in the Statement of Work,and in accordance with industry standards.Consultant agrees to exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b)Delays.Consultant agrees to notify City promptly of any factor,occurrence, or event coming to its attention that may affect Consultant's ability to meet the requirements of the Agreement,or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work.Such notice shall be given in the event of any loss or reassignment of key employees,threat of strike,or major equipment failure.Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c)Discrepancies.if anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict,Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4.Invoices and Payment.Unless othenrvise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30)days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work.if City disputes all or any portion of an invoice for charges,then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice.City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute.The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible.Upon resolution of the disputed portion,City shall pay to Consultant the resolved amount. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.englewoodgov.org PSA#23-116 ix) Page 186 of 203 5.Taxes.City is not subject to taxation.No federal or other taxes (excise, luxury,transportation,sales,etc.)shall be included in quoted prices.City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income,capital,net worth, franchise,privilege,any other taxes,or assessments,nor any of the foregoing imposed on or payable by Consultant.Upon written notification by City and subsequent verification by Consultant,Consultant shall reimburse or credit,as applicable,City in a timely manner,for any and all taxes erroneously paid by City.City shall provide Consultant with,and Consultant shall accept in good faith,resale,direct pay,or other exemption certificates,as applicable. 6.Out of Pocket Expenses.Consultant shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance in writing by City,provided Consultant has furnished such documentation for authorized expenses as City may reasonably request. 7.Audits.Consultant shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Consultant's operations and compliance with this Agreement.Consultant shall provide such auditors and inspectors any reasonable assistance that they may require.Such audits shall be conducted in such a way so that the Services or services to any other customer of Consultant are not impacted adversely. 8.Term and Termination.The term of this Agreement shall commence on the date when both parties have signed the Agreement, and shall continue for one year,unless this Agreement is terminated as provided in this Section 8.At the end of the initial one-year period,if the parties desire to extend this Agreement beyond the one-year period,written notice shall be given to the other party no later than thirty (30)days prior to the end of the one- year period.If the parties agree to the request for renewal,the parties shall then enter into a renewal extending this Agreement including a new Statement of Work,if necessary.The parties understand and acknowledge that any renewal of this Agreement may be subject to the approval of the Englewood City Council pursuant to the City's Purchasing Policies.The parties also understand and acknowledge that the extension of this contract beyond the initial one-year period is contingent upon the City appropriating adequate funds for each fiscal year. (a)Convenience.City may,without cause and without penalty,terminate the provision of Services under any or all Statements of Work upon thirty (30)days prior written notice.Upon such termination,City shall,upon receipt of an invoice from Consultant,pay Consultant for Services actually rendered prior to the effective date of such termination.Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work,and all completed tasks will be charged as indicated in the applicable Statement of Work. (b)No Outstanding Statements of Work.Either party may terminate this Agreement by providing the other party with at least thirty (30)days prior written notice of termination if there are no outstanding Statements of Work. (c)Material Breach.If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a speci?c Statement of Work (other than by nonpayment)and does not substantially cure such default within thirty (30) days after receiving written notice of such default,then the non—defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wwwenglewoodgovorg PSA#23-116 Page 187 of 203 ten (10)days prior written notice of termination to the defaulting party. (d)Bankruptcy or insolvency.Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party:(1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors;(2)applies for,consents to,or acquiesces in the appointment of a receiver, trustee,custodian,or liquidator for its business or all or substantially all of its assets;(3)files, or consents to or acquiesces in,a petition seeking relief or reorganization under any bankruptcy or insolvency laws;or (4)files a petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60)days after it was filed. (e)TABOR.The parties understand and acknowledge that each party is subject to Article X,§20 of the Colorado Constitution ("TABOR").The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement.It is understood and agreed that this Agreement does not create a mu|ti—fiscal year direct or indirect debt or obligation within the meaning of TABOR and,notwithstanding anything in this Agreement to the contrary,all payment obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31.Financial obligations of City payable after the current ?scal year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available in accordance with the rules,regulations,and resolutions of City and applicable law.Upon the failure to appropriate such funds,this Agreement shall be deemed terminated. (f)Return of Property.Upon termination of this Agreement,both parties agree to return to the other all property (including any Confidential Information,as de?ned in Section 11)of the other party that it may have in its possession or control. 9.City Obligations.City will provide timely access to City personnel,systems and information required for Consultant to perform its obligations hereunder.City shall provide to Consu|tant’s employees performing its obligations hereunder at City's premises, without charge,a reasonable work environment in compliance with all applicable laws and regulations,including office space, furniture,telephone service,and reproduction, computer,facsimile,secretarial and other necessary equipment,supplies,and services. With respect to all third—party hardware or software operated by or on behalf of City,City shall,at no expense to Consultant,obtain all consents,licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 10.Staff.Consultant is an independent consultant and neither Consultant nor Consultant's staff is,or shall be deemed to be employed by City.City is hereby contracting with Consultant for the Services described in a Statement of Work and Consultant reserves the right to determine the method,manner and means by which the Services will be performed.The Services shall be performed by Consultant or Consultant's staff,and City shall not be required to hire,supervise or pay any assistants to help Consultant perform the Services under this Agreement.Except to the extent that Consultant's work must be performed on or with City's computers or City's existing software,all materials used in providing the Services shall be provided by Consultant. 11.Confidential Information. (a)Obligations.Each party hereto may receive from the other party information which relates to the other party's business, 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.eng|ewoodgov.org PSA#23-116 Page 188 of 203 research,development,trade secrets or business affairs (“Confidential Information”). Subject to the provisions and exceptions set forth in the Colorado Open Records Act,CRS Section 24-72-201 et seq.,each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use,disclosure, publication or dissemination of its own confidential information of a similar nature,but in no event less than a reasonable degree of care.Without limiting the generality of the foregoing,each party hereto agrees not to disclose or permit any other person or entity access to the other party’s Confidential Information except such disclosure or access shall be permitted to an employee,agent, representative or independent consultant of such party requiring access to the same in order to perform his or her employment or services.Each party shall insure that their employees,agents,representatives,and independent consultants are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section 11. Further,each party agrees not to alter or remove any identification,copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party.A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession,use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing,nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1)that party rightfully possessed before it received such information from the other as evidenced by written documentation;(2)subsequently becomes publicly available through no fault of that party;(3)is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure;or (4)is required to be disclosed by law,provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure. (b)Know-How.For the avoidance of doubt neither City nor Consultant shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c)Remedies.Each of the parties hereto agree that if,their officers,employees or anyone obtaining access to the Confidential Information of the other party by,through or under them,breaches any provision of this Section 11,the non-breaching party shall be entitled to an accounting and repayment of all profits,compensation,commissions, remunerations and bene?ts which the breaching party,its officers or employees directly or indirectly realize or may realize as a result of or growing out of,or in connection with any such breach.In addition to,and not in limitation of the foregoing,in the event of any breach of this Section 11,the parties agree that the non-breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non-breaching party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law.Accordingly,the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party,its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law,in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12.Project Managers.Each party shall designate one of its employees to be its Project Manager under each Statement of Work,who shall act for that party on all matters 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 vwvw.eng|ewoodgov.org PSA#23-I16 Page 189 of 203 under the Statement of Work.Each party shall notify the other in writing of any replacement of a Project Manager.The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work. 13.Warranties. (a)Authority.Consultant represents and warrants that:(1)Consultant has the full corporate right,power and authority to enter into this Agreement and to perform the acts required of it hereunder;(2)the execution of this Agreement by Consultant,and the performance by Consultant of its obligations and duties hereunder,do not and will not violate any agreement to which Consultant is a party or by which it is otherwise bound under any applicable law,rule or regulation;(3)when executed and delivered by Consultant,this Agreement will constitute the legal,valid and binding obligation of such party,enforceable against such party in accordance with its terms;and (4)Consultant acknowledges that City makes no representations,warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement (b)Service Warranty.Consultant warrants that its employees and consultants shall have sufficient skill,knowledge,and training to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c)Personnel.Unless a specific number of employees is set forth in the Statement of Work,Consultant warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work. During the course of performance of Services, City may,for any or no reason,request replacement of an employee or a proposed employee.in such event,Consultant shall, within five (5)working days of receipt of such request from City,provide a substitute employee of sufficient skill,knowledge,and training to perform the applicable Services. Consultant shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. (d)Compensation and Benefits. Consultant shall provide for and pay the compensation of employees and shall pay all taxes,contributions,and benefits (such as,but not limited to,workers‘compensation bene?ts) which an employer is required to pay relating to the employment of employees.City shall not be liable to Consultant or to any employee for Consultants failure to perform its compensation,benefit,or tax obligations. Consultant shall indemnify,defend and hold City harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 14.Indemnification. (a)Consultant Indemnification. Consultant shall indemnify,defend and hold harmless City,its directors,officers, employees,and agents and the heirs, executors,successors,and permitted assigns of any of the foregoing (the “City lndemnitees”) only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the Consultant,from and against all losses,claims, obligations,demands,assessments,fines and penalties (whether civil or criminal),liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants),bodily and other personal injuries,damage to tangible property,and other damages,of any kind or nature,suffered or incurred by a City lndemnitee directly or indirectly arising from or related to:(1)any negligent or intentional act or omission by Consultant or its representatives in the performance of Consultant's obligations under 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.englewoodgov.org PSA#23-116 Page 190 of 203 this Agreement,or (2)any material breach in a representation,warranty,covenant or obligation of Consultant contained in this Agreement. (b)Infringement.Consultant will indemnify,defend,and hold City harmless from all lndemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party;provided,however, that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on:(1)use of the Work Product in combination with products or services not provided by Consultant to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used;(2)any modification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants;or (3)use of the Work Product other than as permitted under this Agreement. (c)Indemnification Procedures. Notwithstanding anything else contained in this Agreement,no obligation to indemnify which is set forth in this Section 14 shall apply unless the party claiming indemni?cation notifies the other party as soon as practicable to avoid any prejudice in the claim,suit or proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof;provided,however,that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys,all at such party’s cost and expense;provided further, however,that no settlement or compromise of an asserted third—party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification. (d)Immunity.City,its officers,and its employees,are relying on,and do not waive or intend to waive by any provision of this Agreement,the monetary limitations or any other rights,immunities,and protections provided by the Colorado Governmental Immunity Act,C.R.S.24-10-101 et seq.,as from time to time amended,or othenrvise available to City,its officers,or its employees. 15.Insurance. (a)Requirements.Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1)The Consultant shall comply with the Workers’Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’Compensation claims arising from performance of the work under this contract.Workers’Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract,as well as the Employers’Liability within the minimum statutory limits. (2)Commercial General Liability Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than three million dollars ($3,000,000)per occurrence. (3)Professional Liability/Errors and Omissions Insurance covering acts,errors and omissions arising out of Consultants operations or Services in an amount not less than one million dollars ($1,000,000)per occurrence. (4)Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvwenglewoodgovorg PSA#23-116 Page 191 of 203 Consultant personnel,acting alone or with others,in an amount not less than one million dollars ($1,000,000)per occurrence. (b)Approved Companies.All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country,state or territory where the Services are being performed. (c)Certificates.Consultant shall provide City with certi?cates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect Certi?cates of insurance will list the City of Englewood as an additional insured Each certificate of insurance shall provide that the issuing company shall not cancel,reduce,or othenivise materially change the insurance afforded under the above policies unless thirty (30)days’ notice of such cancellation,reduction or material change has been provided to City. 16.Rights in Work Product. (3)Generally.Except as speci?cally agreed to the contrary in any Statement of Work,all Intellectual Property Rights in and to the Work Product produced or provided by Consultant under any Statement of Work shall remain the property of Consultant,With respect to the Work Product,Consultant unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights,a non-exclusive,irrevocable,perpetual, worldwide,fully paid and roya|ty—freelicense, to reproduce,create derivative works of, distribute,publicly perform and publicly display by all means now known or later developed. such Intellectual property Rights. (bl Know-How.Notwithstanding anything to the contrary herein,each party and its respective personnel and consultants shall be free to use and employ its and their general skills,know-how,and expertise,and to use, disclose,and employ any generalized ideas, concepts,know-how,methods,techniques,or skills gained or learned during the course of any assignment,so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17.Relationship of Parties.Consultant is acting only as an independent consultant and does not undertake,by this Agreement,any Statement of Work or otherwise,to perform any obligation of City,whether regulatory or contractual,or to assume any responsibility for City’s business or operations.Neither party shall act or represent itself,directly or by implication,as an agent of the other,except as expressly authorized in a Statement of Work. 18.Complete Agreement.This Agreement contains the entire agreement,including all Exhibits,Statements of Work and other Attachments that have been executed by the parties,and are attached hereto and made a part of this Agreement. 19.Applicable Law.Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work This Agreement shall be construed in accordance with the laws of the State of Colorado.Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County.Colorado and each party hereto consents to jurisdiction and venue before such courts. (a)Attorney Fees.in the event that either party to this Agreement shall commence any action against the other party arising out of or in connection with this Agreement,or contesting the validity of the Agreement or any provision of this Agreement, 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (cm)752-2300 www englewoodgox/.org PSA #23-116 Page 192 of 203 the prevailing party shall be entitled to recover from the other party reasonable attorneys fees and related costs,fees and expenses incurred by the prevailing party in connection with such action or proceeding. 20.Scope of Agreement.If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent,then such provision shall be enforced to the maximum extent permitted by law,and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail,but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21.Additional Work.After receipt of a Statement of Work,City,with Consultant's consent,may request Consultant to undertake additional work with respect to such Statement of Work.In such event,City and Consultant shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22.Sub-consultants.Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City.In the event of any permitted subcontracting,the agreement with such third party shall provide that,with respect to the subcontracted work,such sub—consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23.Notices.Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1)if by hand delivery, upon receipt thereof,(2)three (3)days after deposit in the United States mails,postage prepaid,certified mail,return receipt requested or (3)one (1)day after deposit with a nationally-recognized overnight courier, specifying overnight priority delivery.Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24.Assignment.This Agreement may not be assigned by Consultant without the prior written consent of City.Except for the prohibition of an assignment contained in the preceding sentence,this Agreement shall be binding upon and inure to the benefit of the heirs,successors and assigns of the parties hereto. 25.Third Party Beneficiaries.This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26.Headings.The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation. The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement.The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into this Agreement. 27.Waiver.The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not affect in any way the full right to require such performance at any subsequent time;nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28.Force Majeure.lf performance by Consultant of any service or obligation under this Agreement is prevented,restricted, delayed or interfered with by reason of labor disputes,strikes,acts of God,floods,lightning, severe weather,shortages of materials, rationing,utility or communications failures, earthquakes,war,revolution,civil commotion, acts of public enemies,blockade,embargo or 1000 Englewood Parkway,Englewood,Colorado BO‘I‘lO—2373 (303)762-2300 www.eng|ewoodgov.org PSA#23-116 Page 193 of 203 any law,order,proclamation,regulation, ordinance,demand or requirement having legal effect of any governmental or judicial authority or representative of any such government,or any other act whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Consultant,then Consultant shall be excused from such performance to the extent of such prevention,restriction,delay or interference.If the period of such delay exceeds thirty (30) days,City may,without liability,terminate the affected Statement of Work(s)upon written notice to Consultant. 29.Time of Performance.Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30.Permits.Consultant shall at its own expense secure any and all licenses,permits or certificates that may be required by any federal,state or local statute,ordinance or regulation for the performance of the Services under the Agreement.Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement.At its own expense and at no cost to City,Consultant shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31.Media Releases.Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal,accounting,or regulatory requirements beyond the reasonable control of Consultant,all media releases,public announcements,or public disclosures (including,but not limited to,promotional or marketing material)by Consultant or its employees or agents relating to this Agreement or its subject matter,or including the name,trade mark,or symbol of City,shall be coordinated with and approved in writing by City prior to the release thereof.Consultant shall not represent directly or indirectly that any Services provided by Consultant to City has been approved or endorsed by City or include the name,trademark,or symbol of City on a list of Consultant’s customers without City's express written consent. 32.Nonexclusive Market and Purchase Rights.It is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppliers services similar to the Services.Consultant agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Consultant prior to or during the term of this Agreement shall not constitute commitments. 33.Survival.The provisions of Sections 5, 8(g),10,11,13,14,16,17,19,23,25 and 31 shall survive any expiration or termination for any reason of this Agreement. 34.Compliance with the Immigration Reform And Control Act Of 1986. Consultant certifies that Consultant has complied with the United States Immigration Reform and Control Act of 1986.All persons employed by Consultant for the performance of this Agreement have completed and signed Form I-9 verifying their identities and authorization for employment. 35.Incorporation by Reference.This Agreement is made under and conformable to the provisions of Section 4—1—3—4ofEnglewood Municipal Code,which provides standard contract provisions for all contractual agreements with the City.Insofar as applicable,the provisions of EMC Section 4—1- 3—4are incorporated herein and made a part hereof by this reference and shall supersede any apparently conflicting provision otherwise contained in this Agreement. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.englewoodgov.org PSA#23—116 Page 194 of 203 IN WITNESS WHEREOF‘the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written.This Agreement may be executed in counterparts each of which shall be deemed an original.but all of which together shall constitute one and lhe same instrument. CITY OF ENGLEWOOD,COLORADO By:Date: (Department Dimcmr] By:Date: (City manager) By:Date: (Mayan ATTEST: City Clerk COMMNITY RESOURCE SERVICES OF COLORADO LLC. (Consultant Name) City.sum.' By: /ignamre ,.Q‘E %j’gang {Pun ame) Title:(1547 Date:‘fag i 535/25 PSA¢¥23—ll(i I000 Englewood Parkway.Englewood Colorado 80110-2373 (303)762 2300 www englewoodguv org Page 195 of 203 ATTACHMENT A OUTLINE OF STATEMENT OF WORK 1.GENERAL City of Englewood City Clerk's of?ce and Community Resource Services of Colorado‘LLC July 17,2023 2.NAMES,PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Stephanie Carlile.City Clerk 303-762-2405 scar|ile@eng|ewoodco.gov 3.SUMMARY OF PURPOSE FOR STATEMENT OF WORK Election administration and assistance to conduct a Recall Special Election 4.EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) 5 OTHER CONSULTANT RESOURCES [If desired,provide for the Consultant's commitment of its own staff,facilities,and other resources by nature or item] 6 DESCRIPTION OF WORK PRODUCT AND DELIVERABLES CRS proposal to assist with a recall election for the City of Englewcod (“Englewood").CRS’s highly experienced and skilled team's mission is to provide cost-effective consulting services in the areas of management,election administration and accounting tor local governments Through the years,CR5 has successfully conducted hundreds of elections for clients across Colorado.CRS can provide special election services to Eriglewood for the anticipated recall election. Assist with Certification of ballot Order voter registration lists Provide printed ballots and election materials included within “ballot packet" Coordinate the mailing of ballot packets to registered electors Coordinate efforts with outside vendors regarding voting machines and ballots (if applicable) Prepare and have published the required notices Preparation of all other election documentation necessary to conduct the election, counting forms,and election certi?cation Recruit,appoint and train election judges,and prepare all necessary forms Set up polling location Establish canvass board and all pertinent forms Provide UOCAVA ballots,handling and counting procedures Counting of ballots "1000Englewood Parkway Englewood Colorado a01'10~2373 i303)762-2300 mm englewoodgov org PSA ii 23-llb Page 196 of 203 -Prepare certificates of election -Assist with completion of all statutory filings 7.SPECIAL TERMS,IF ANY 8.MODE OF PAYMENT Englewood will pay vendors directly (vendors for printing and mailing of ballot packets,election equipment,consulting services,programming fees) 9.PAYMENT SCHEDULE City will pay Consultant for the work in accordance with the following payment schedule.All payments to Consultant are contingent on Consu|tant’s satisfying the Deliverables/Milestones set forth in the Payment Schedule.Payments shall be made upon City’s written confirmation to Consultant that the Deliverables—Milestones have been satisfied. All vendors and consultant will be paid upon completion of work 10.SCHEDULE AND PERFORMANCE MILESTONES N/A 11.ACCEPTANCE AND TESTING PROCEDURES 12.LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by Consultant at its regular office located in Greenwood Village,CO. IN WITNESS WHEREOF,pursuant and in accordance with the Professional Services Agreement between the parties hereto dated ,the parties have executed this Statement of Work as of this CITY OF ENGLEWOOD,COLORADO By: (Signature) (Print Name) Title: Date: 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.englewoodgov.org I3 PSA#23-116 Page 197 of 203 COMMNITYRESOURCE SERVICES OF COLORADO LLC. Consullanl Name /1/— By:’'04/u3:3 (Signature)_ [P’|'iHlsame) Title:549 Dale:(1 ’J1‘ 1000 Englewoud Parkway Englewuod Colorado 301102373 (303)762-2300 wwweng\ewoodgnv org PS/H723-H(u Page 198 of 203 ATTACHMENT B CONSULTANT'S PROPOSAL 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.eng]ewoodgov.org PSA#23-116 Page 199 of 203 ATTACHMENT C CERTIFICATE OF INSURANCE 1000 Engle-wood Parkway,Engle-wood,Colorado 801102373 (303)762-2300 www.eng|ewoodgov.org PSA#23-116 Page 200 of 203 COMMUNITY RESOURCE SERVICES OF COLORADO,LLC Rs The O?ices al the Promenade East Building 7995 East Prentice Avenue,Suite 103E,Greenwood Village,CO 80111 (303)3814960 -(303)381-4961 Fax -www.crsoi'colorado.com July 12,2023 Stephanie Carlile,Town Clerk City ofEnglewood,Colorado Via Email:scarlile/i77englewoodco.gov RE:Proposal to Assist in the Conduct ofa Recall Election Dear Stephanie: Thank you for your interest in Community Resource Services of Colorado (“CR3”)and for the opportunity for CRS to provide a proposal to assist with a recall election for the City of Englewood ("Englewood”).Our highly experienced and skilled team’s mission to provide cost-effective consulting services in the areas of management,election administration and accounting for local governments.Please visit our website at http://crsofcoloradocom for additional information on our team. Through the years,we have successfully conducted hundreds of elections for clients across Colorado.CRS can provide special election services to Englewood for the anticipated recall election.Services that may be provided by CRS include the following: Verify Successor Candidate’s eligibility to run for office Drafting ofj udges instructions Notify county clerk of candidates Assist with Certi?cation of ballot Order voter registration lists Provide printed ballots and election materials included within “ballot packet” Coordinate the mailing of ballot packets to registered electors Coordinate efforts with outside vendors regarding voting machines and ballots (if applicable) Prepare and have published the required notices Preparation of all other election documentation necessary to conduct the election, counting forms.and election certification Recruit,appoint and train election judges,and prepare all necessary forms Set up polling location Establish canvass board and all pertinent forms Provide UOCAVA ballots,handling and counting procedures Counting ofballots '\\\\\'\\\\\\\*\\\ Page 201 of 203 City of Englewood Page Two /Prepare certi?cates of election /Assist with completion ofall statutory ?lings /Supplying and operating counting equipment /Manually performing signature veri?cation of each ballot CRS will acquire ?rm quotes from suppliers for printing and mailing of the required ballot packets,keeping in mind the most cost-effective option for Englewood while meeting all statutory compliance requirements.CRS will not mark up the hard costs of the election. Englewood will pay the vendors directly.CRS does have an automated system to scan ballots into the poll book. Englewood will pay hard costs directly to the printer.CRS has obtained a quote from lVision for printing and mailing ofthe ballot packets,as follows: OUTERBOOKLETCARR/ERENVELOPE(OPEN WINDOW)Qty 24,000 $12,866.13 6.125 X 9.75 -die#V15 open window size/position:1.625”x 4";1 ”left,2125”bottom (window on back of envelope) Back Sea/flap —1.25” 2/0 PMS +K—front&back of envelope (no bleeds) Stock:60#house offset,white PREPRINTED2D Job No &Special Englewood code # RETURNENVELOPE Qty 24,000 $9,814.59 Prints with L—shapelabel position mark that specs with carrier env window for address position. 5.75X 9,125 open window —side—seamenvelope ~die#V9 Open window on front of envelope size:.625”x 2.5”;5.625”L;3.125”B Open window on back of envelope size:.5”x 2.5”;1”L;3.1875”B 2/0 PMS +K —front &back (including envelope flap)of envelope (no bleeds);PLUS inside security tint PRINTS ON BACKFLAP OF ENVELOPE Stock:60#house offsetwhite PREPRINTED2D Job No &Special Englewood code # INFORMATIONSHEET:Qty 24,000 $3,469.87 Flat size 8.5 x 11;finishedSize:5.5 x 8.5 Press:4/0 PMS build/0,no bleeds Stock:60#white offset BALLOT:Qty 24,000 56,467.39 8.5”x 11 "plus one 1 "perforated stub at top acrass the 8.5”;final size 8.5"x 12" City of Englewood Page Three Fold based on timing marks -FOLD SAMPLEREQUIRED Page 202 of 203 PRINT4/0N0 BLEEDwith Ballot Na.XXXXXXon stub;PERF ON FOLDER li0#A:cent Opaque Digital Offset,Smooth DATA/MAILPROCESSING.’Qty 24,000 $15,006.28 insert three components »ballot,informationsheet,return envelope ink]:-t matching return envelope inkjet indicia an outer envelope as needed TOTALCOST:$47,624.26 Postage is in addition to the prices presented in this estimate. Estimated Standard postage 57,200.00 (‘RS will be leasing counting equipment from ES&S at a cost 0t'$22,700. The hours spent to conduct an election can Vary depending on community involvement and interest and the need for communityicoordination meetings.CRS bills on at time and materials basis.Englewuod will only be billed for actual time spent,linglewood will be responsible to pay all hard costs directly to the vendors for printing and mailing of ballots and programming charges incurred with the poll book and counting machines.We anticipate that a majority of the time spent on this eleution will be billed at $l05.00 per hour.Ms.Blair’:hourly rate is $210.00,-'|1our.The cost estimate for the election,including manually performing signature veri?cation by CR5 election workers.is as follows; Printing and Processing Mail Ballots (1Vision)S 50,000.00 |:S&S Counting liquipment 22.7()0.0(l CRS services to conduct election 65 000% 'l otnl listimated Cost §l37.70l)__0_Q After your review of this proposal,please let me know ifynu have any questions.I look forward to working with you. Very truly yours. Page 203 of 203