HomeMy WebLinkAboutStudy Session Packet 06/06/2011 amended
STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Council Chambers 7500 W. 29th Ave. June 6, 2011 6:30 p.m. Individuals with disabilities are encouraged to participate
in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested
in participating and need inclusion assistance. APPROVAL OF AGENDA l Siaff Report(s) L Presentalion from Golden Suslainability Coordinalor 3. Discussion of IGA wilh Jefferson County
for COBG funds 4. Discussion of Lutheran Medical Center use tax agreement 5. Discussion of Laser fiche online process
WheatRLcIge Memorandum TO: Mayor and City Council FROM: Council Members Jay and Langworthy DATE: May 23, 2011 SUBJECT: Presentation by Theresa Worsham. City of Golden Sustainability
Coordinator Theresa Worsham's position description for the City of Golden: SUMMARY Perfonns professional, technical, and analytical work to advance Golden's sustainable development agenda
both internally and externally. This is a position with high visibility, working closely with citizen and employee groups to achieve specific sustainability goals. Identifies and analyzes
sustainability options to the city. its, employees, and the general public. Working closely with the City Manger to provide guidance and consultation to departments regarding sustainability
programs, costs, timelines, and other related activities. Makes public presentations to City Council and Community groups. ESSENTIAL DUTIES AND RESPONSIBILITIES Develops and administers
city-wide sustainability programs to meet specific City Council goals, ensuring ensuring coordination with all departments. Gathers and analyzes data and solicits input from employees
and citizens to increase energy efficiency and reduce waste. Oversees, develops and implements a zero waste action plan for the City, while encouraging the private sector and community
to participate. Serves as liaison and primary staff person for the Citizen Sustainability Advisory Board. Works with the committee to identify specific areas of recycling, energy efficiency,
and sustainability initiatives for the community. Provide policy recommendation to the Sustainability Board and Council as needed on sustainability issues and positions. Coordinates
programs to improve energy efficiency, renewable and green buildings in the community and in the city organization. Negotiates with vendors and outside government agencies, businesses
and others. Identifies and develops external funding opportunities, including funding from grants and incentive programs.
May 23, 2011 pg2 Prepares internal and external communication materials regarding programs and initiatives. Works closely with the Communications Manager for media responses and website
updates. Prepares detailed analysis of proposed investments and strategies and progress reports indicating progress towards goals, cost savings and return on investments. Attachments:
I. City of Golden Resolution 2047 2. City of Golden Resolution 2016 3. City of Golden Resolution 1793
RESOLunON NO. 2047 A RESOLUTION OF THE GOLDEN CITY COUNCIL ADOPTING PERFORMANCE INDICATORS FOR THE CITY'S SVST AlNABlLITY GOALS WHEREAS, the sustainability goals as outlined in Resolution
No. 1793 have defined targets and timelines for completion; and WHEREAS, the sustainability goals were further clarified for intent through Resolution No. 2016; and WHEREAS, a consistent
approach linking goals with measurements is necessary to track the city's progress toward the Golden Sustainability goals; and WHEREAS, the Community Sustainability Advisory Board created
a comprehensive set of performance indicators to accurately measure the city's progress. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLDEN, COLORADO: For each of the
sustainability goals listed below, the following perfonnance indicators shall be used to measure compJiance: Section 1. Improve the energy efficiency and reduce the environmental impact
of new and existing buildings in Golden. intent: "Green building standards" refers to the the following: 1. International Building Codes. including the International Energy Conservation
Code, as amended or enhanced; and 2. Amendments 10 Seclion 18.40 of the Municipal Code which integrate sustainability best practices into existing zoning regulations; and 3. Amendments
10 Chapter 17 of the Municipal Code, regarding subdivision design standards; and 4. Specific standards for low-density residential uses, to be detennined by 2010. The Boards will analyze
standards such as Energy Star or the National Green BuUding Standard and propose a recommendation to City Council for adoption. I) Ensure that within ten years 90% of all new buildings
constructed in Golden each year are built to green building standards. Performance Indicator: Percent of new buildings meeting the green building standard. 2) Ensure that within ten
years 50% of all remodels in Golden each year are built to green building standards. Performance Indicator: Percent of remodeling projects meeting the green buDding standard. Attachment
1
1 Resolution No. 2047 Page 2 3) R.cvisc Golden's land use code to reflect the best practices in s"stainability once every five years. Perfonaaace IDdicator. Namber of ...... 1 .........
biIIty-related ameIIdmeDts to t:be MIlIIidpol Code. SectjOg 2. Improve the economic healIh of oor COIIIPUlity by iDcreasing business opportunities focused OIl CDerJlY ef6cieucy and ....,......,1.
CDerJlY and by mlucing the CDerJlY costa of all Golden busi.......". Specifieally: . I) Encoorage local b"li"...... to improve their sustainability and profitability by developing their
offerings of sustainable products and services and their use of sustainable products.. services, and practices. Inrenl: TIl;., goal rofen 10 busiIra.r .. 1M :JII.ftaillabllity of
IMir offering3 ond IMir processes ond pnu:1ices (e.g., retoiI bwines.res incmuIng tMir off.ring3 of nutoinoble products, mafllifoclluing businases improving IM..mainobi/jty of_ prfJCU3Q).
Pufonaaace bdlcator: N_ of'-_ to pro.tdelllformatioa,_1UId .sdstuc:e to uco .... p 1lllta18'hiIity. 2) C,..telAnnId oew jobs and bus ....... in the ..-inability secton. Interl: "Sustainobility
seeton" rofen 10 ony ond all businessu tIutt nol on/y contribute 10 1M suslOinobJ. growth of Golden tu a small ""'" co.........", bus al.Jo ..,...,..,..., ond contribute 10 susl4;nable
goods and service3. sud IU JON in the renewable energy UCtDr, etrViTon.menl4l engineering. sustainobility and .lIVironmenlai coMliling. conrpo.rlitrg. ofFllk gart/mlng. goo<b made from
recycled materials, outdoor education.. eco building supplies 1ffII1IU[actvring aNI $DIes. etc. City Council, staff. and SustainabilUy Advisory Board should inJerpreI litis goal to mean
Q lim increase in the number of suslainability sector jobs in lite greater Golden tue4, meaning Ute Golden city limiU and the unincorporated Jeffenon County commucial DTetU UnrwtilaMIy
adjacnt to the ciJy. , PufGnlWlCO bdIcator: p...-of _hlllty-.. Section 3. IDc:rease our lX'CDJTI1lDity's awarmeu of and CIlCOUI'8ge commit:mc:at to actively taJce part
in sustainability as • public value thIIt supports c:ulnnl, ecooomic and ... vironmcntal healIh for all citizens. Specifieally: I) Create effective, ooaoing two-way COIIIItBIDication
thIIt informs, educates and inspiros community involvement in city-wide supjnability efforta; IDd Pufol'llWlCe btIIcotor: PerceU ........ Iovd of Iwowledp of COItUtIaaIty efforts and
city acllo .. lakeD ......... COIIUIIuIty.arveys. 2) Support the Community Working Groupo in cndIing comrmmity action plans that effectively foster sustainable behavior.
Resolution .No. 2047 Page 3 Intent: This goal pertains to any projects and progress made by the City Council, the staff, and the Sustainability Advisory Board. This goal is really more
of a strategy for achieving all of the other goals: effective communication and education will make it easier to accomplish all of the other goals. Performance Indicator: Percent of
Community Working Group recommendations tbat bave been adopted. Section 4. energy. Specifically: Increase our community's energy efficiency and our use of renewable sources of 1) Reduce
the City of Golden's energy usage by 25% and increase to 50% the proportion of its energy use derived from renewable energy sources within ten years (25 x 50 in 10). . Intent: The energy
usage portion of this goal requires a 25% reduction each of Ihe following: municipal kilowatt-hour use, municipal thenns use, and municipal whic/e fuel usage. For the energy production
portion of this goal, increases in renewable energy production by Xcel Energy across their Colorado energy production system will count toward this goal. Performance Indicators: For
municipal energy consumption -Percent change in consumption of electricity (kilowatts), natural gas (tberms), and gaUons of fuel (gas & diesel) from the base level. For municipal use
of renewables -Total percent of energy derived from renewables. 2) Reduce overall community energy usage in Golden by 20% and increase to 20% the proportion of its energy use derived
from renewable energy sources within ten years (20 x 20 in 10). Intent: The energy usage portion of this goal requires a 20% reduction in each of the following: citywide kilowatt-hour
use, citywide therms use, and citywide vehicle fuel usage. For the energy production portion of this goal, increases in renewable energy production by Xcel Energy across their Colorado
energy production system will count toward this goal. Performance lndicaton: For community energy consumption • Percent change in consumption of electricity (kilowatts), natural gas
(therms), and fuel efficiency (average mpg for privately-owned vehicles) from the base level. For community use of renewables -Percent of energy derived (rom sum total of all private
solar install.tions captured by tbe building pcnnJt system, other renewable energy projeds and Xcel Energy Renewable PortfoUo Standard achievements. Section 5. Reduce our solid waste
stream contribution through the expanded use of recycling programs, waste diversion programs, and other tools. Specifically: 1) Reduce our solid waste stream contribution by 25% in ten
years. intent: "Reduce" means reducing the volume of waste sent to the landfill. Performance Indicator: Percent ch.nge in volume (in tons) of garbage, recyclable, and green waste materiab.
Resolution No. 2047 Pagc4 5«tion 6. IncrdSe the ability of Golden ......... aDd vi5iton to travel to aDd through Gold ... using alternative transportation. Specifiailly: I) Reduce the
communities total Vehicle Miles Traveled by 15% in teD years. Intent: YMT ref .... to all miles tnnoeled by con. 1nIcb. and ollter nmiku 1IIOtorized vehicles. It includes all triP' eillter
originoling or ending in GoJdm but acJuding ptW-through trajJU: thai neither originates nar en<h in Golden (e.g.. ittclvd< trajJU: related 10 non-GoJdm ruidetra coming to Golden for
tourist activities. exellMk traffic related /0 tnnoel fro,. the D<1wer M.tro area /0 the West Slope ptW/ng through but not stopping in Gold .. on 1-70). Perf ........ lDdIcator: CIIuge
Ie modeled VMT. Section 7. F.nsme that Goldcn ..... ins a cl_lIabIe water supply into the futun; specifically: I) Reduce GoIdcD\ pe< capita wat .. uae by I S% in S years. IntenJ: Tlru
goal appJia 10 treoled water Q.J ccruumed by all rues willWr dly limits. 2) MAintain better than regulatory watel' quality from water treatment planl to eod-usc:r. Intent: Better lIu,"
reguJatory waterquality """'" stric/n' _ both._ andfetkral.tandanb. Perf..--IlIdIc:ator: C ...... __ Cleo W ..... Act (CWA) repIado.., A 'I'Iuoap Cleo W ..... A...-,
dally ....... • ...... 1 .............. aad ... ter moaitorill& ""tIoa ......... aad tile _ towvd -.l1li_ ed_doL 3) Increase the efficiency of the wat .. delivery systan. Intent: 'I'ht.
goal /ncllMks water infnutructare (pipes. wUva. J1IlIfIP .toJions) fro1O ,...".,ir to plant and to end-user. Perf......-lDdIcator: Pm:nt chup Ie ....... .,_ dIIciea<y. 4) Improve the
health of the ecosystem associated with the Goldeo watClCWllYS. Intent: "Heohh" will be defined by more _ .... specific metric to """"",,",,,/y measure ecosystem ;ntJ;catOTJ. Perfo .......
IDdIcator: p_ ..... 1e ......... _ to _ tbe followlq, bat DOl limited to: tbe aamber of proJ-""" to p_ tbe _ oftbe GoIdeD "."""'y ecosyatem, number of stram or dttcb ratctntIo. projects,
cb·· .. JDaIataIuce proanmt, aad erosion CODtroI piau for iI><Ity Iocatlou aad adJa ... t to city reaenuIn. Adopted this 13th day of May. 2010.
, Resolution No. 2047 PageS APPROVED AS TO FORM: David S. Williamson City Attorney Susan M. Brooks, City Clerk of the City of Golden, Colorado, do hereby certify that the foregoing
is a true copy of a certain Resolution adopted by the City Council of the City of Golden. Colorado at a regular business meeting thereof held on the 13th day May, A.D., 2010. ATTEST:
Susan M. Brooks, City Clerk of the City of Golden, Colorado
RESOLUTION NO. 2016 A RESOLUTION OF THE GOLDEN CITY COUNCIL CLARIFYING THE INTENT OF THE CITY'S SUST A1NABILITY GOALS WHEREAS, the Golden City Council adopted a ten-year sustamability
program including 15 goals across seven issue areas through Resolution No. 1793 on August 23, 2007; and WHEREAS, the Golden Sustainability Initiative establishes city and community goals
for energy efficiency. renewable energy use, water conservation, and other sustainability oriented aims; and WHEREAS, the Sustainability Advisory Board was created by the Golden City
Council in February 2008 and is responsible for making recommendations to Council regarding the goals in Resolution No 1793; and WHEREAS, the Sustainability Advisory Board, other citizen
advisory boards, and city staffhave made significant progress towards achieving these ten-year goals; and WHEREAS, the effectiveness of the Sustainability Advisory Board, other citizen
advisory boards, city staff, and City Council to acbieve our Golden Sustainability Initiative goals would be enhanced with additional clarification of the goals originally adopted by
the City Council in 2007. TIlEREFORE. BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF GOWEN. COLORADO: City Council bereby adopts the following clarifications to Resolution 1793:
Section lao Additional clarification to Goal la ("'Ensure that within ten years 900,4 of all new buildings constructed in Golden eJ1ch year are built 10 green building standards. "):
"Green building standards" refers to the foUowing: 1. International Building Codes, including the International Energy Conservation Code, as amended or enhanced; and 2. Amendments to
Section 18.40 of the Municipal Code which integrate sustainability best practices into existing zoning regulations; and 3. Amendments to Chapter 17 of the Municipa1 Code, regarding subdivision
design standards; and 4. Specific standards for low·density residential uses, to be determined by December 31 , 2010. The Boards will analyze standards such as Energy Star or the National
Green Building Standard and propose a recommendation to City Council for adoption. Achieving this goal would mean that 90% of aU new buildings constructed in Golden meet all of these
standards. Section 1 b. Additional clarification to Goallb ("Ensure that within len years 50% of all remodels in Golden each year are built to green building standards."): The standards
outlined in Goal la above shall apply here. Attachment 2
Resolution No. 2016 Page 2 Section lc. Additional clariflC8tion to GoalIe ("'Revise Golden s land use code to reflect the best practices in sustainability once ew!ry five years. j: The
Golden City Council shall review and amend the Municipal Code to include and update sustainability best practices at least once five years. Section 2a. Additional clarification
to Goalla ("Encourage local businesses to improve their sus/a inability and profitability by developing their offerings of sustainable products and services and their we of sustainable
products. services. and practices. j : Goa12a refers to businesses improving the sustainability of their offerings and their processes and practices (e.g., retail. businesses increasing
their offerings of sustainable products, manufacturing businesses improving the sustainability of their processes). Section 2b. Additional clarification to Goal2b ("Create/Attract new
jobs and businesses in the sustainability sectors. j: "Sustainability sectors" refers to any and aU businesses that not only contribute to the sustainable growth of Golden as a small
town community, but also promote awareness and contribute to sustainable goods and services, such asjobs in the renewable energy sector, envi.roomc:ntal engineering, sustainability and
environmental consulting, composting, orpnic gardming, goods made &om r<C)'Cled materials, outdoor education, ceo building supplies manufacturing and sales. etc. City Council, staff,
and Sustainability Advisory Board should interpret this goal to mean a 20010 increase in the number of sustainability sector jobs in the greater Golden area, meaning the Golden city
limits and the unincorporated Jefferson County commercial areas immediately adjacent to the city. Section 3a. Additional clarification to Goal3a ("Create effective. ongoing two-way communication
that informs. educotes and inspires community inllOlvement in city-wide SUStlJilUlbility efforts. '): Goal 30 pertains to any projects and JlI'08I= made by the City Council, the staff,
and the Sustainability Advisory Board. This goal is really more of 0 strategy for achieving all of the other goals: effective communication and education will make it easier to accomplish
all of the other goals. Section 3b. Additional clarification to Goal3b ("Support the Community Working Groups in crafting community action plans that effectively fostu sustainable behavior.
j : Because the Community Working Groups have been functionally replaced by the Sustainability Advisory Board. this goal i.sn't relevant anymore. Section 4a. Additional clarification
to Goa14a ("Reduce the City of Golden s energy usage by 25% and increase to 500'" the proportion 0/Us energy we derived from renewable energy sources within ten years (25 x 50 in 10).
j : The energy usage portion of this goal requires a 25% reduction each of the following: municipaJ kilowatt-hour use, municipal thenns use, and municipal vehicle fuel usage. For the
energy production portion of this goal, increaSes in renewable energy production by Xc:el Energy across their Colorado energy production system will count toward this goal.
Resolution No. 2016 Page 3 Section 4b. Additional clarification to Goal 4b ("Reduce overall community energy usage in Golden by 2(}O/O and increase to 200/0 the proportion of its energy
use derived from renewable energy sources within ten years (20 x 20 ill 10). ''): The energy usage portion of this goal requires a 20% reduction in each of the following: citywide kilowatt·hour
use, citywide therms use, and citywide vehicle fuel usage. For the energy production portion of this goal, increases in renewable energy production by Xcel Energy across their Colorado
energy production system will count toward this goal. Section 5. Additional clarification to Goal 5 ("Reduce our solid waste stream contribution by 25% in ten years .. "): "Reduce" means
reducing the volume of waste sent to the landfill. Section 6. Additional clarification to Goal 6 ("Reduce the communities total Vehicle Miles Traveled by 1 5% in ten years. "): VMT refers
to all miles traveled by cars, trucks, and other similar motorized vehicles. It includes all trips either originating or ending in Golden but excluding pass· through traffic that neither
originates nor ends in Golden (e.g., include traffic related to non·Golden residents coming to Golden for tourist activities, exclude traffic related to travel from the Denver Metro
area to the West Slope passing through but not stopping in Golden on 1·70). Section 7a. 15% in 5 years. "): Additional clarification to Goal 7a ("Reduce Golden s per capita water use
by Goal7a applies to treated water as consumed by all uses within city limits. Section 7b. Additional clarification to Goal 7b ("Maintain better than regulatory water quality from water
treatment plant 10 end-user. "): Better than regulatory water quality means stricter than both state and federal standards. Section 7c. system. "}: Additional clarification to Goal 7c
("increase the efficiency of the water delivery Goal 7c includes water infrastructure (pipes, valves, pump stations) from reservoir to plant and to end-user. Section 7d. Additional clarification
to Goa17d ("Improve the health of the ecosystem associated with the Golden watenvays. "): "Health" wiU be defined by more than one specific metric to cumulatively measure ecosystem indicators.
Adopted this 10d! day of December, 2009.
Resolution No, 2016 City Clerk Approved as to form: rJe; David S. Williamson City Attorney Susan M. Brooks, City Clerk of the City ofGoldco, Colorado, do bcnoby ccrtifythat the foregoing
is a true copy of a cc:rtain Resolution adopted by the City Council of the City of Golden. Colorado at a regular v.?J. _ .' .. Susan M. Brooks,
City Clerk of the City of Golden, Colorado
RESOLUTION NO. 1793 A RESOLUTION OF THE GOLDEN CITY COUNCIL SETTING CITY· WIDE SUSTAINAB1L1TY GOALS FOR THE NEXT TEN YEARS WHEREAS, the Golden City Council recognizes the current threat
10 our environment and resolved in early 2007 to place Golden in the forefront of global conmlUnities willing to do their pari to help make a difference, and WHEREAS, the City Council
recognizes that local government actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by decreasing air pollution, creating
jobs, reducing energy expenditures, and saving money for the local government, its businesses, and its residents. and . WHEREAS, Golden defines sustainabiliry as an attempt to meet the
needs of the present without compromising !.he ability of future generations to meet their own needs, and WHEREAS, Council wants (0 begin an aggressive ten-year program with clear goals,
and WHEREAS, since February of this year more than 60 citizens have devoted countless hours to refining Council's original proposed goals and suggesting programs for achieving them.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLDEN, COLORADO; Section I. Golden intends to meet the following SustainabiJity Goals Improve the energy efficiency and
reduce the environmental impact of new and exi sting buildings in Golden. Specifically: 1) Ensure that within ten years 90% of all new buildings constructed 'in Golden each year are
built to green building standards. 2) Ensure that within ten years 50% of all remodels in Golden each year are built to green building standards. 3) Revise Golden's land use code to
reflect rhe best practices in sustainability once every five years. b. Improve the economic health of our conmlUnity by increasing business opportunities focused on energy efficiency
and renewable energy and by reducing the energy costs of all Golden businesses. Specifically: I) Encourage local businesses to improve their sustainability and profitability by developing
their offerings of sustainab le products and services and their use of sustainable products, services, and practices. 2) Create/Attract new jobs and businesses in the sustainability
sectors. Increase our community's awareness of and encourage conmlitment to actively take part in sustainability as a public value Ihal supports cultural, economic and environmental
health for all citizens. Specifically: 1) Create effective, ongoing two-way communication that infomls, educates and inspi res conUllUniry involvement in city· wide sustainability efforts;
and Attachment 3
Resolution No, 793 Page 2 . :: 2) Support the Community Working Groups in crafting community action plans thai effectively foster sustainable behavior. d. increase our community's energy
efficiency and our use of renewable sources of energy. Specifically: I) Reduce the City of Golden'S energy usage by 25% and increase to 50% the proportion of its energy use derived from
renewable energy sources within len years (25 x SO ill I 0). 2) Reduce overall community energy usage in Golden by 20% and increase to 20% the proportion of its energy use derived from
renewable energy sources within ten years (20 x20 x 10). e. Reduce our solid waste stream contribution through the expanded use of recycling programs, waste diversion programs, and other
tools. Specifically: 1) Reduce our solid waste stream contribution by 25% in ten years. ( Increase the ability of Golden residents and visitors to travel to and through Golden using
alternative transportation. Specifically: I) Reduce the communities total Vehicle Miles Traveled by 15% in ten years. g. Ensure that Golden sustains a clean, stable water supply into
the future, Specifically: I) Reduce Golden's per capita water use by 15% in 5 years. 2) Maintain bener than regulatory water quality from water treatment plant to end-user. 3) Increase
the efficiency of the water delivery system. 4) Improve the health of the ecosystem associated with the Golden waterways. Adopted this _ _ day _ • 2007 Charles}. Barocb Mayor
Susan M. Brooks, MMC City Clerk Approved as to foml
TheresaWorsham,AICP June6,2011
• Grassrootsbeginnings • Programcustomizedtomeetcommunityneeds • Continuitybetweenpolicyandprograminvestment
• Conceptualframeworkdevelopedfora sustainabilityinitiativewithpreliminarygoals • Vettedbycitystaffandothers • CityofGoldenjoinsICLEIandpledgesto
assumealeadershiproleineducationabout climatechangeandadoptsustainabilitygoals.
• February:CommunityOpenHouse • April– July:7WorkingGroups,Municipal OperationsCommittee,PerformanceContract EnergyAudit • August:CityCounciladoptsSustainability
Goals throughResolutionNo.1793
• March:Appointed7 memberboardseated • August:Sustainability Coordinatorhired • CSABsetsinitialpriorities • PerformanceContract starts
• ProjectandPolicyanalysis,recommendations • Limitedbudgetforproject implementation($50k $75kperyear) • 7members,volunteerresidents,fromavariety
ofbackgrounds • Adoptedmetricstotrackprogress,strategic plan,annualreport • Mettwiceamonthforfirst3years,now monthly
• Mayor,CityCouncil,City management,staff. • Interestedcitizens: residents,business owners,technicalexperts. • Agreementnotnecessary, butcommitmentis.
• Stafftime– liaisonforworkinggroups,compile recommendations • Facilitatorcost • Publicoutreach– mailers,emails,flyers • Usefreeresources– GEO,localexperts,
nationalorganizations • Initialassessments– consultant
• Usecityasfacilitatorandleadertokickoffeffort. • Importanceofbroadmessaginginoutreach. • Harnessthepublicenthusiasmtocreatepolicy recommendations.
• Useanongoingadvisorygrouptostaycurrentand performanalysisonprograms. • Demonstratesmallsuccesstobroadenprograms.
TheresaWorsham (303)3848117 tworsham@cityofgolden.net www.cityofgolden.net/sustainability
", ..... • r Cityof. "ra: Wheat BLdge DEVELOPMENT TO: THROUGH: FROM: DATE: SUIlJECT: Memorandum Mayor and City Council Patrick Goff, City Manager r:fJ. Ken Johnstone,
Community Development Director Sally Payne, Senior Planner May 25, 2011 (for June 6 study session) lOA with Jefferson County regarding COBO funds J-iEM 3 Every three years Jefferson
County must fe-qualify for entitlement status as an Urban County entitling them and participating jurisdictions to receive Community Development Block Grant (COBO) and Home Investment
Partnership Program (HOME) funds from the U. S. Department of Housing and Urban Development (HUD). The County is currently in the process o f rcqua lifying for the next three fi scal
years of September I, 20 II to August 3 1, 201 J. The goals of the COSO program are to provide decent, safe and sanitary housing, to provide suitable living environments and to expand
economic opportunities. COSO funds may be used for a wide variety of activities that address the need for new or improved
public improvements and facilities, economic development opportunities, and improving the supply or condition of housing and public services. The purpose of the HOME program is to fund
a wide range of activities that build, buy and/or rehabilitate affo rdable housing for rcnt or homeownership or provide direct rental ass istance to low-income persons. HOME is the largest
federal block grant to state and local governments designed exclusive ly to create affordable housing for low-income households. In order for Jefferson County to expend COBO and HOME
funds within the boundaries of the incorporated jurisdictions of the County that wish to participate in the Urban County, the County is required to have a cooperation agreement in place
with the jurisdict ions. The cooperation agreement basica lly spells out the activities the County and jurisdi ctions will undertake to assist in community revitali zation and in low-income
housing activities as directed in the COBO regulations. As you may recall, in previous years the jurisdictions participating in the Urban County received an annual allocation of COBO
funds based on their proportion of low to moderate income persons in their communities. Last year, at HUO's request, the County removed the automatic allocation to the jurisdictions
from the cooperation agreement. The funds that were being given to the jurisdictions are now being put in the overall pot of money that agencies and non-profits apply to annually for
funding. The jurisdictions now must compete for CDBO funds in the same manner as other agencies and organizat ions. Project applications are reviewed by. the Community Development Advisory
Board (CDAB) based on criteria set forth in the County's
Consolidated Plan and the goals of the Jefferson County Board of County Commissioners. The CDAB makes recommendations to the Commissioners for projects to be funded. Each jurisdiction
that is part of the Urban County has membership on the CDAB. Jefferson County is now asking if the City of Wheat Ridge wishes to continue to participate as part of the Urban County through
the year 20 13. A copy of the cooperation agreement is attached. Staff recommends continued participat ion in the Urban County due to the fact the City currently has two active contracts
for COSG funding through the County. If the City were to elect not to participate and cnter into the cooperative agreement, the County could potentially request that the funds already
awarded be returned and funds due to the City not be awarded. The two existing contracts are $900,000 that was awarded and expended for the purchase of seven single fami ly homes by
the WRI-IA and $97,000 due to the City in CDBG-R (American Reinvestment and Recovery Act funds) for energy upgrades and improvements to the Active Adult Center. In addition, by part
icipating in the Urban County, the City is eligib le to compete for funds through the CDAB. The IGA has been forwarded to the City Attorney for review and comment. Any City Attorney
comments will be addressed prior to final execution of the agreement. At the June 7 Ci ty Council study session, staff will be present to discuss any quest ions or concerns Council may
have regarding participation in the Urban County through Jefferson County. If you any questions prior to the study session, please contact Ken Johnstone at 303-235-2844 or Sally Payne
at 303-235-2852. ATTACHMENTS: I. Draft copy of the Intergovernmental Cooperation Agreement 2. Letter from Jefferson County Community Development
INTERGOVERNM"ENT AL COOPERATION AGREEMENT Between JEFFERSON COUNTY and the CITY OF WHEAT RIDGE COMMUNlTY DEYELOPMENT BLOCK GRANT PROGRAMS (Federal Fiscal Years 2011 through 2013) THIS
AGREEMENT, dated for reference purposes only this 25 day of May, 20 11 , IS between Jefferson County, Colorado (the "County"), a body politic and corporate of the State of Colorado,
and the Ci ty of Wheat Ridge (the "City"), a municipal corporation of the State of Colorado located in Jefferson County. RECITALS A. Pursuant to The Housi ng and Community Development
Act of 1974, as amended, 42 U.S.C. 530 I et seq., (the "Act"), the U.S. Department of Housing and Urban Development ("HUD") administers a wide range of local housing and community development
activities and programs under Title I of the Act. B. The primary object ive of Title J of the Act is the development of viable urban communities, by providing decent housi ng, a suitable
living environment, and expand ing economic opportuni ties principally for persons of low and and moderate income. To further this objective, the Federal government provides Community
Development Block Orant ("COBO") funds to local governments to conduct and administer housing and community development act ivit ies and projects (the "COBO Programs"). The COBO Programs
are governed by regulations contained in 24 c.r. R. Part 570 (the "COBO Regulations"). C. A determination has been made by HUO that the County is eligible to qualify as an urban county
to receive funds from HUO by annual grant agreement. O. To become entitled on an annual basis to receive COBO funds, a county must qual ify as an "urban county." The City and other units
of local governments may be included as part of the urban county by entering into cooperation agreements. A city that has entered into an intergovernmental cooperation agreement with
the County shall be considered to be a "Participating Jurisdiction." E. The qualification by HUO of an urban county remains effective for the next three successive fiscal years, September
I, I, 20 I I th rough August 31, 2013, (the "Program Years") regard less of changes in the County's population during that period, except for failure of an urban county to receive COBO
entitlement funds during any year of that period. This Agreement shall remain in effect through the Program Years and such additional time as may be required for the expenditure of funds
granted and income received during the Program Years and the completion of the funded activities (the " Period of Performance"). Neither the County nor the City may terminate, withdraw,
or be removed from the cooperation agreement while it remai ns in effect. F. The County is submining to HUO the required documentation to qualifY as an urban county so as to become eligible
to receive annual COBO funds for the Program Years (as "Entitlement County"). The City wishes to be included as part of the urban county and to be eligible to participate in the County
's COBO Programs for the Program Years. C:\Users\O"ner\Oocumen1S\KriSlin\JeffCo\May 2S\IGA Jefferson COWlIL Wheal Ridge.doe Attachment 1
O. Pursuant to C.R.s. Section et seq., the City and the County may enter into agreements for joint or cooperative action and may contract with each other to perfonn
any governmental service, activity, or undertaking that each is authorized by law to perfonn. H. This Agreement sets forth fully the purposes, powers, rights, obligations, and the financial
and other responsibilities ofthc parti es. I. Accordingly. the parties have detennined that it will be mutually beneficial and in the public interest of the parties to enter into this
Agreement regard ing the conduct of the COBO Programs. AGREEMENT NOW, THEREFORE, in consideration of the promises and cooperative actions contemplated hereunder, the parties agree as
follows: I. Inclusion of the City. The City shall be included as a part of the County for COBO qualification and grant calculation purposes for the Program Years. The panies recognize
their mutual benefit to seeking entitlement status so that there may be local control over COBG manics and so that the parties may receive the benefits of yearly allocations of COBO
monies. The City understands that participation in the COBO Cooperation Agreement covers the COBG Programs and, where applicable, the HOME Investment Partnership ("HOME") Program. By
executing the COSG Cooperation Agreemenl, the City understands that it: a. May not apply for grants from appropriations under the State COBG Programs for fiscal years during the period
in which the City participates in the urban county's COBG Programs. b. May receive a formula allocation under the HOME Program only through the urban county. Thus, even if the urban
county docs not receive a HOME formula allocation, the City cannot form or participate in a HOME consortium with other local governments. This docs not preclude the urban county or the
City participating with the urban county from applying for HOME funds from the State, if the State allows. 2. Period of Perrormanee. This Agreement shall remain in efTect through the
Program Years and such additional time as may be required for the expenditure of funds granted and income received during the Program Years and the completion of the funded activities
(the " Period of Perfonnance'"). Neither the County nor the City may terminate, withdraw, or be removed from the Program during the Period of Performance. 3. Renewals. This Agreement
will renew automatically for partici pation by the parties in successive three·year qualification periods, unless the City or the County provide written notice to
the other party that it selects not to participate in a new qualification period. The tenninaling party shall send a copy of the notice of termination to the HUO fi eld office by the
date specified in HUO's urban county qualification period. The County will noti fy the City in writing of the City's right to make this election. A copy of the County's notification
must be sent to the HUO field office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the Agreement incorporating all
changes necessary to meet the requirements for cooperation agreements set forth in the urban county qualification nOlice applicable for a subsequent three-year urban county qualification
periCK! and to submit the amendment to HUO as provided in the urban county quali fication notice witt void the automatic renewal of such qualification period. If the Agreement is renewed,
the subsequent period wi ll constitute the new Program Years. C:\Users\O"ncr\OocumcnlS\KriSCinUcm::o\May 2S1.[GA Jcffmon ComlCy Wkeat Ridgc:.do<:
2
4. Mutual Cooperation. The City and the County agree to cooperate as follows: a. To cooperate to undertake, or assist in undertaking, community renewal and lowerincome housing assistance
activities, as approved and authorized between the parties in the CDBG Agreements, incl uding the Consolidated Plan. b. To plan and prepare the COBG Programs, the Comprehensive Housing
AfTordability Strategy and Community Development Plan (the "Consolidated Plan"), and detailed descriptions of CDBG Programs to be conducted or performed duri ng each of the Program Years.
The finalized activities and projects will be incl uded in the Consolidated Plan and in the requests for COBG funds for the Program Years. The part ies acknowledge, however, the County
has responsibility, as mandated by HUO for selection of the COBG Programs to be included in the grant request and for submission of that request. The parties recognize that HUD requi
res the County to execute all grant agreements and holds the County legally liable and responsible for the overall administrat ion and performance of the CDBG Programs. According ly,
the parties agree that the County shall have the administrative responsibi lity necessary to meet the requirements of HUD for the CDBG Programs to be performed or conducted by the City.
c. As rcquired by HUD, pursuant to 24 C.F.R. § 570.501 (b), the unit of local government is subject to the same requirements applicable to subrecipients, including the requirement of
a written agreement as described in 24 CFR 570.503 which asserts that the City may enter into separate CDBG agreements (the "CDBG Agreements") with the County for the actual conduct
ofthe CDBG, as approved and authorized by the Board of County Commissioners and the Consolidated Plan. The agreement shall remain in effect during any period that the subrecipient has
control over COBG funds, including program income. At a minimum, the wri tten agreement with the subrecipient shall incl ude provisions concerning the fo llowing items: statement of
work; records and and reports; program income; un iform admin istrative requirements; suspension and termination; reversion of assets. As required by HUD, the parties agree to include
standards relat ing to the management and disposition of assets and real property acquired through the COBG Programs, in accordance with 24 C.F.R.S70. d. As required by HUD, to affi
rmatively further fai r housing within their own jurisdictions. The County may not provide any COBG funding for activities in or in support of the City if the City does not affirmat
ively further fair housing within their own jurisdiction or if the City impede the County's act ions to comply with the County's fair housing certification. This provision is required
because noncompliance by the City included in an urban county may constitute non-compliance by the urban county, which may provide cause for funding sanctions or other remedial action
by HUD. 5. Distribution of Funds. a. Administrative Allocation. The County may retain no more than twenty percent (20%) of the total CDBG funds allocated to the County for purposes of
general oversight, management, coord ination, and related costs ("Administrative Allocation")' 6. Project Application and Approval Process a. Project applications from the County, the
City and other eligible applicants will be reviewed by the Community Development Advisory Board (CD Advisory Board) using eval uat ion criteria set forth in the applicable Consolidated
Plan and the goals of the Jefferson County Board of County Commissioners. Higher priority shall be given to eligible proposals submitted by the County and the City so long as proposals
are consistent with the applicable Consolidated Plan. C:IUscrslOwner\DocumenlS\KristinVeffCo\May 25\lGA Jefferson CQunty _Wheat R idgc_doc 3
b. The decision for determining what funds receive block grant fund ing is the responsibility of the Jefferson County Board of County Commissioners. 7. Advisory Board. In furtherance
of the cooperative process of developing the CDBG Programs, and in order to ensure coord ination while respecting the role of the City, Jefferson County has established a Community Development
(CD) Advisory Board. a. Membership. The CD Advisory Board shall be appointed by the Jefferson County Board of CounlY Commissioners and shall include one member from each participating
jurisdiction. The Participating Jurisdictions shall advise the Jefferson County Board of County Commissioners of its nominee for the Advisory Board. b. Dut ies. The CD Advisory Board
shall recommend the allocation of funds to the County, the City and other eligible applicants. Although HUD requires the County to maintain legal liabi1ity and responsibility for the
overall administration and performance of the CDBG Programs, the County will give strong consideration to the recommendations of the CD Advisory Board. 8. Mutual Agreements. The parties
agree as follows: a. Books and Records. To maintain a complete set of books and records that account for the COBG monies and the supervision and administration of the CDBG Programs.
The parties agree that they will provide access to these books and records to each other and to HUO, as necessary or requested, to confinn compliance wi th Federal laws and regulations.
b. Compliance with Laws. To take all actions necessary to comply with the following laws and to assure compliance with County certifications required by: i. Federal Laws and Regulations.
The Housing and Community Development Act of 1974, as amended; Title VI of the Civil Rights Act of 1964; sections 104(b) and 109 of Title I of the Housing and Community Development Act
of 1974; the Fair Housing Act, 42 U.S.c. 5301, et seq., 24 CF. R. Part 570, and especially 24 CF. R. 570.501 (b) applicable to subrecipients and 24 C.F. R. 570.503 applicable to the
minimum standards for a written agreement prior to disbursing any CDBG funds; 24 CF. R. Part 570, et seq., relating to requirements governi ng any income generated from CDBG funds, ("Program
Income"); all rules, regulations, guideli nes, circulars, and other requirements promulgated by the various Federal departments, agencies, admi nistrations, and commissions relating
to the CDBG Programs. ii. State Local Law Compliance. The responsibi lities of the parties shall be subject to applicable state laws, city and county ordinances, resolutions,
rules and regulations, and city charter provisions. Ill. Nonviolent Civil Rights Policies. Pursuant to 42 U.S.C 5304(b) (2), the County and the City each have adopted and are enforcing
and, if requested, will provide copies 10 each other of the fo llowi ng policies: (a) Prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against
any individuals engaged in nonviolent civil rights demonstrations, and (b) Enforcing applicable stale and local laws against physically barring entrance to or exit from a facil ity or
location which is the subject of nonviolent civil rights demonstrations within its jurisdiction. 2S\JGA
Jefferson County_Wheat Ridgc.doc 4
c. Expenditure of Funds. All CDBG funds that are approved by HUD for expenditure under the grant agreements will be budgeted and allocated (i) to the County, no more than twenty percent
(200/0) of the total CDBG funds allocated to the County for administrative, general oversight, management, coordinat ion, and related costs, as allowed by HUD, and (i i) to the specific
CDBG Programs described in the Consolidated Plan, which shall be expended only for the CDBG Programs for which the funds are provided. d. Lobbying ReQuirement. To the best of the knowledge
and belief of each of the City and County: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for infl uencing or attempti ng to infl
uence an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the enteri ng into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modi fication of any Federal contract, grant, loan, or cooperative
agreement; ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to infl uence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
each party agrees that it will complete and submit a Standard Fonn-LLL, "Disclosure Fonn to Report Lobbying," in accordance with its instructions. III . Each party agrees that it will
require the language of this paragraph be included in the award documents for all subawards at all tiers (incl uding subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certifY and disclose accordi ngly. 9. This Agreement constitutes the entire agreement of the parties. Any changes
and mod ifications to this Agreement shall be made in writing and shall be executed by both parties prior to the performance of any work or activity involved in the change and be approved
by HUD. 10. Miscellaneous Provisions. a. Choice of Law. This Agreement and the rights and duties of the panies shall be interpreted in accordance with the laws of the State of Colorado
applicable to contracts made and to be performed entirely within the state. b. Forum. The courts of the State of Colorado shall have sole and exclusive j urisdiction of any disputes
or litigation arising hereunder. c. Venue. Venue for any and all legal actions arising hereunder shall lie in the District Court in and for the County of Jefferson, State ofeolorado.
d. Offi cials Not to Benefit. No member of the City or County govern ment, commissioners or individual elected officers shall receive any share or part of this Agreement or any benefit
that may arise therefrom. e. Indemnification. To the extent allowed by law, the City and the County agree to indemnify and hold each other harmless from and against any and all claims,
losses, expenses, and anorney fees, including but not limited to damages for personal inj ury, theft or damage to property, both C:IUserslOwnerlDocumerns\KristinVe/TCQ\May 2S1IGA JclTCfSOn
County_Wheat Ridge-doc 5
public and private, resulting from or arising out of an act or omission resulting directly or indirect ly from the perfonnance or failure to pcrfonn under this Agreement, provided, however,
that the indemnificat ion shall not cause a waiver of the Governmental Immunity Act for either the City or the County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be duly authorized and executed. ATTEST, By'_=-:=---=--:-_____ _ Cilyrrown Cleric ATTEST, By, APPROVED AS TO FORM, By, ,,---=c.,-----,-----Gay
B. Ummel Assistant County Attorney JURISDICTION, _______ _ By, Nam-e-'------------TDialtlee:::-_= = ============::: STATE OF COLORADO COUNTY OF JEFFERSON By' �
� Board of County Commissioners Date: _____________ _ C:\Uscrs\O",ncr\Documenlll\Knsl inVeffCo\May 25\IGA JcfTCfSOn County_Wheat Ridge-doc 6
May 13, 2011 The Honorable Name Address City, State Zip Dear Mayor Name: As of August 31, 2011, Jefferson County will be completing its three-year qualification period for entitlement
status as an urban county entitling the County and its participating jurisdictions to receive Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME)
funds. These funds have allowed Jefferson County to work cooperatively with its local governments to pursue a wide range of local housing and community development activities benefiting
Jefferson County residents. In order for Jefferson County to continue to carry out essential community development and housing activities using COBG and HOME funds within the geographic
boundaries of a local government, the County is required to have executed cooperation agreements with these units of government. Three years ago your jurisdiction elected to participate
as part of the urban county and entered into a cooperation agreement with Jefferson County. Jefferson County is currently pursuing the re-qualification process to maintain its entitlement
status and I am contacting you to inquire about your jurisdictions interest in continuing its participation as part of the Urban County for the next three successive fiscal years -September
1, 2011 through August 31, 2013. Should your jurisdiction elect to continue its participation in the urban county, your jurisdiction will be eligible for participating in Jefferson County's
CDBG Program. Participation will also enable your jurisdiction to partiCipate in the County's HOME program. However, if your jurisdiction chooses to remain with the urban county, it
is ineligible to apply for grants the State CDBG program, which is administered separate from the Jefferson County CDBG program. However, participation does not preclude
your city from applying to the State for HOME funds, if the state allows. Because of HUD-required revisions to the previous cooperation agreement, the County is currently preparing a
new cooperation agreement. The new cooperation agreement will be sent to for your review. If your jurisdiction elects to continue its participation in the urban county I ask that you
execute the agreement and return it to my office by June 17, 2011. If your jurisdiction chooses to be excluded from the urban county, it must notify both the county and the HUD Field
Office of its election to be excluded by June 3, 2011. Such election to be excluded will be effective for the entire three-year period for which the urban county qualifies, unless the
excluded unit specifically elects to be included in a 100 Jefferson County Parkway, Suite 3520 Golden, Colorado 80419 Phone: 303-271-8372 Fax: 303-271-8375 Attachment 2
subsequent year for the remainder of the urban county's three-year qualification period. HUD: L.Susan.McAlhaney Department of Housing and Urban Development Office of Community Planning
and Development 1670 Broadway Denver, CO 80202 Jefferson County: Kat Douglas Jefferson County Community Development 100 Jefferson County Parkway, Suite 3530 Golden, CO 80419 If you have
any questions, please do not hesitate to call me at 303.271.8372. Sincerely, Kat Douglas Director 100 Jefferson County Parkway, Suite 3520 Golden, Colorado 80419 Phone: 303·271·8372
Fax: 303·271·8375
... I # • -_ -City of -(/'7' Wheat D jrlrre OFTHE CITY TO: FROM: DATE: SUBJECT: Memorandum Mayor and City Council (\1 Patrick Goff, City Manager
1IJ June 1,2011 Excmpla Sales and Usc Tax Agreement The City of Wheat Ridge and Exempla, Inc. entered into an agreement cfTectivc as of January 1,2002 pursuant to Section 22-58(a)(25.5)
of the Wheat Ridge Code of Laws. The agreement provides for a sales and lISC tax exemption on all purchases, lise and consumption of medical supplies and medical equipment provided that
Excmpla makes ongoing payments to the City relating to the mutual services provided by and between the City and Excmpla. Following arc the terms of the agreement: I. Payment amounts.
Excmpla will make monthly payments to the City during the term of the agreement. The payments due in calendar years 2002 and 2003 will be $ 11 ,274 per month (a 5% increase over the
payments made in 200 I ). The monthly payments wi ll increase by 5% every second year thereafter ((i.e., 2004, 2006, 2008, etc.). 2. Term. The term of the agreement will be two years,
with automatic renewal unless either party gives notice 10 lenllinate during the final month o rlhe twoyear term. 3. Pending liti gat ion. pending litigation will be dismissed
with prejudice. 4. Effective date. The agreement will commence January 1,2002. The initial tcnn wi ll extend through December 31,2003. 5. Scope. The exemption wi ll apply to the items
described in City Code section 22-58(0)(25.5). Excmpla currcntly remits a monthly payment of$ 13,764 to the City pursuant to this Agreement. Mayor DiTullio and Council Member Jay added
this item to the agenda for review and discussion with City Counci l.
' -AGRUMENT Rl:LATING TO CITY Of WHEAT RIDGE SALES AND Us:E TAXES This Agreement Relating to City of Wheat Ridge City Sales and Use Taxes (this "Agreement") is entered into effective
as of Januaxy 1, 2002, by Illd between the City of Wheat Ridge, Colorado, a Colorado home-rule municipal corporation (the "City"), and £"cempla, Inc, a Colorado not-for-profit corporation
("ExcmpJa"). RECITALS 1. The Wheat Ridge City COOt: (the "City Code") contains provisions imposing a sales tax (City Code section 22-56) and a usc tax (City Code section 22-66(a». The
City sales tax and 113C tax are referred to collectively in this Agreement as the "Taxes." Z. City Code ,,,,,tions 22-58(a)(25.5) and 2<-67(2) exempt from the Taxes medical supplies
and medical equipment that are 'Purchased by. OJ for use andlor conswnptio.u within, a charitable or not-for-profit health Ca{'e facility to which an exempt institution has
been issued by the City's treasurer, provided that the bealth care facility employs more than 100 penoDS within the City, provides more than 100 hospital bed spaces on an ongoing basis
and enters into an agreemCDt approved by the City's City Council providing fOI ongoing pa)'XOCIlts to the City relating to the mutual services provided by and between the City and the
health care facility, 3, E'Xempla ha3 granted an exempt institution license by the City's treasurer, Exempla owns and operates a charitable health care facility within the
City that employs mote than 100 penons within the City and that provides mote than 100 hospital bed spaces on ilD. ongoing basis. 4, The City and Exempla wish (0 enter into an agreement
of the type desc.ribed .in City Code section 22-'58(a)(25,5), so that the exemption provided for in that section will apply to EJl:empla's purchase. use and
consumption of medical supplies m,d medical e'luipmeut, 5. The City and· Exempia previously entered into certain Short-TenD. Agrtanents Rdating [() City of Wheat Ridge Sales and Use
Taxes effective as of January I , 2002, March 1, 2002 and May 1, 2002 (the "Interim Agreements") pending the execution of this Agreement. AGREl1l1tErrI For and in considetation of the
recitals, the mutual covenants and agreements set forth below and other good and valuable considen.tion, the receipt and sufficiency of which are hereby acknowledged, the City and Exempia
agree as follows: Attachment 1 "2$67L '"
1. Payments (0) Moo,tbly. Exempla will pay to the City Sll,274 per month (the "Monthly Payment") on or before the lut day of each calendar month during the term of this Agreement. The
Monthly Payment will be due on or before July 31. 2002 (the "Monthly Payment"). The payments due fOf the calendar months January 2002 through June 2002 are provided for in
parograph l(b) below. The amoUDt of the requited Monthly Payment will increase by 5 percent in every second calendar year, beginning in January 2004. (b) On Execution. Puxsuant to the
lnterim Agreements, ExempJa has paid to the City S10,737 per month in each of the GeJ.endar months January 2002 through June 2002. The Interim Agreements provide that if these payments
are less than the payments provided for in .this Agreement. Exempla will pay the difference to the City. Accordingly. Exempla will pay to the City $3,222 upon execution oftms Agreement,.
which will compensate the City tor the difference between the payments made pursuant to the Interim. Interim. Agreemenb and the Monthly Payment set forth in paragraph 1 (a) above. 2.
EnmptioD (a) Scope. The exemption from the Taxes contained in City Code .section 22-58(aX25.5) shall apply to Exemplaso long as this Agreement remains in effect (b) Priva.tc Plmiciao
Purchases Not Covered. The:; City IUld Exempla expressly recognize the exemption from the Taxes contained in City Code section does not extend to
purchases of medical and.....m.¢ical equipment by, or for the use of, physicians in the private, for profit practice of medicine. 3. Tcm and (a)
I.n!!W. 1he initial tenn of this Agret:ment (the Tenn") began on January 1,2002 and will end on December 31, 2003. (b) Automatic Renewal This Agreement will automatically
reoew for successive additional two-year terms (hRenewal upon the expiration of the Initial Term or ilJlY Renewal Term Wlless the City or Excmpla gives written notice
to the other party ofilS intention not to renew this Agreement during the final month of the Initial Term or a Renewal Term. If notice of intent not to renew is timely given, then this
Agreement shall terminate at the Glose of the fi.naI month of the Initial Term or Renewal Term in which the notice of intent not to renew is timely given. (c) Loss of 50lfc)(31 Status.
This Agreement shall tenninate if Exempla receives a fmal determination tbat it is no longer exempt from federal income tax pursuant to seaion 501(a) of the Internal Revc:nu£ Code of
1986, as amended (the "Code"), by virtue of being an orpnizatiO(l described in section 501(c)(3) of the Code . • null ••
(d) Merger of City. 10 the event that the City merges with another city, Exempla shall have the option to tenninatc this Agreement effective: on such merger date. (e) ProlatiQA on Iqrninati.on.
In the event of a termination of this Agreement during a calendar month, amounts payable by Exempla pursuant to the Agreement shall be prorated ba3ed. OD the number of days dwing the
calendar month the Agreement is in effect 4. To Polity Decition A detennination by the City not to renew this Agreement pursuant to paragraph 3(b) shall be considered a tax policy decision
for the purposes of Alticle X, SCGtioo 20(4) of the Colorado Constitution. Term.iI1ation of this Agreemeot for aoy other reasOD, including without limitation a detemrination not to renew
by Exemp1a.. shall not be considered a tax policy decision. . 5. AuthoriPtion for ExecutioD (a) By executing this Agreement, the Mayor of the City represents that this Agreement
bas been duly approved by the Wheat Ridge City Council and by all other procedures to cause this Agreement to be binding 01'1 the City, that she has authority to execute
this Agreement 00 behalf of the City and that by executing this Agreement she makes this Agreement binding on the City. (b) Exempla By executing this Agreement, the person signing this
Agreement on behalf ofExempla repre9ents that this Agreement has been duly approved by all coIpOrate action neces:J8.r)' to CAUSe:: this Agreement to be binding on ExemplI., that be
or 'he b8!l authority to execute this Agreement on bet,.alf of Exempla and that by executing this Agreement he or she makes this Agreement binding on Exempla. 6. MiSteUaD!OUS (a) Subject
to pangraph J(d) above. tIu: rights and obligations of the parties pul>IJall' to this Agreement shall be binding upon and inure to the benefit of the parties and their respective
and assigns. (b) This Agreement sbaJt be governed. by and construed in accordance with the laws oftbe State of Co londo, without regard to the choice of law rules of that state. (c)
This Agreement may be amended only by a writing specifieal1y referring to this Agreement and signed by both paIties. (d) The paxagrapb bea.di..ogs in thi3 Agreement are for convenience
of refetence only and shall not affect the meani.u.g rn: interpretation of this Agreement. (e) Notices given pUl'SU8nt to this AgJeeI'I1ent shall be effective only ifha.nd-d.elivered
or delive.red by United States mail, postage prepaid, rmuu receipt requested, in either C83e addre3Sed as follows: . U'UII7''''
for notices to ExempJa: with a copy to: for notices to the City: with a. copy to: CbiefFinancial Officer Exempla, Inc. 600 Grant St., Suite 700 Denv .... CO 80203 General CoWlSeI &empla,
Inc. 600 Grant St, Suite 700 Denver, CO 80203 Mayor City of Wheat Ridge 7500 West 29111 Ave. Wheat Ridge CO 80033 Tbe duly appointed City Attorney. A notice shall be deemed given on
the date that it is received at the addresses provided. Either party may give notice to the other party from time to time in the foregoing manner changing the ad.dress to which notices
to that party should be seQt. 1. Dismissal of pepdiDg litintioa. Immediately after this Agreement has been fully exeeuted. the parties will ente{ into and file a joint stipulation to
di.sm.iss with prejudice the civil actioo currently pending in the Jefferson COW1.ty District Court under the name of Traylor> et ai .. v. The City of Wheat Ridge. et 31 .. Civil Action
No. 90 CV 1352, with each party to bear his, her or iu own attorneys fees and co!!ls. In the event the cowt does not dismiss said ac1ion pursuant to the stipulation. this Agreement shall
be void ab initio.
.'.-" To verify the foregoing, the City and Excropla have c,xl!cQted tbiJ Agreement on the dates indicated below. David Williamson (#85-3-0--) Counsel to the City Approved as to fonn:
eo D. Butler (#6325) cl to Exempla l.2I'lADO Hnb1e Gretchen Cerveny. Ma r k :i '! rtf #.1M1._ EXEMPLA,INC.
MURRAY DAHL R"::NAUO LLP AnORNEYS AT LAW TO: Mayor and Council FROM: Gerald Dahl Brittany Scantland DATE: March 17, 2011 RE: Electronic records and the internet Following City Council
direction, our office surveyed several municipalities on the Front Range to learn more about their policies concerning open records and the internet. The questions posed to the municipalities
were: • What is the municipality's policy concerning putting records in electronic form as the standard way of retaining them (ex: building permits); • What is the municipality's policy
concerning releasing electronic records for other than specific CORA requests; • What is the municipality's policy concerning making records generally available on the internet, such
that they can be Googled; and • Does the municipality impose any restrictions or protocols to protect privacy? The information below was-gathered via email response, phone conversation
and general review of the municipality's website. This memo will first summarize the general general trends identified and then recite findings to the questions above. Summary Electronic
retention and ability to search public documents online is the direction that municipalities are heading. No municipality that responded to us replied that it retains no documents electronically
or posts nothing online for the public. The constraints, as with many projects, are time and money. Larger municipalities such as Fort Collins, have more resources to index and make
these documents available to the public in a user-friendly manner. Smaller municipalities, such as Edgewater, currently only post council and commission documents. Some municipalities,
such as Longmont, are working on developing strategic plans attendant to addreSSing these kinds of questions. 1
What is the municipality's policy concerning putting records in electronic form as the standard way of retaining them (ex: building permits)? • Fort Collins has a very sophisticated
electronic records system. The City boasts 5,000,000 documents which are available electronically. Two reasons for such an aggressive system are: (1) following a green initiative; and
(2) ease of availability of records for the public (eliminating staff time on the phone responding to questions). • Edgewater scans Council minutes, resolutions, and ordinances into
a Laserfiche program as well as keeping hard copies of these records. In the future, Edgewater is hoping to scan Council packets. Also in the future, Edgewater would like to scan minutes
and resolutions for other boards and commissions. • Lakewood has specific, stated records management objectives: (1 ) Information is available when needed; (2) Records of permanent value
are preserved; (3) Non-permanent records are destroyed per approved retention schedules; and (4) Discarded paper is recycled. • In addition to the objectives above, Lakewood converts
records into a digital image. After the records are converted, the City discards most of the paper after a short period of time for quality control purposes. The records are managed
and protected in Laserfiche are the or "record copy." Building permits, for example, are one of the record types that are scanned into Laserfiche.
Initially, Lakewood used Laserfiche primarily for retention of permanent records after case files were closed, but in recent years, more and more "active" record types with shorter retention
periods are being scanned. This is particularly true for records for which a lot of people need access. • In Longmont, the City is working on an Electronic Content Management Strategic
Plan, one component of which is making the City's public records available in electronic format through a portal on its website. Presently, there is very limited access on the City Clerk's
website. Longmont is under the impression that the public and the development community now expect to access public records via the internet in a user-friendly manner. • Arvada keeps
many documents electronically. In Arvada, a person can access many electronic records by going to the City's website and accessing online records there. However, not all City departments
are participating, so this is not a uniform system. Available documents include: community development files, building files, closed court cases, ordinances, resolutions, minutes, recorded
documents of the City. What is the municipality's policy concerning releasing electronic records (other than for specific CORA requests)? • In Fort Collins, if a document is on the web,
it is open for release, Certain items such as utility plans are not made available on the web, as the City has security concerns with making wastewater utility plans (for example) available
to anyone on the web. The City prefers that people physically come into the City offices, identify who they are, and fill out an actual open records request for certain documents which
may contain sensitive security information. • Edgewater does not release records without the CORA request unless the requestor is a member of a board or commission and that person wants
records for that board or 2
commissions. Edgewater asks for the CORA request as a way of keeping track of what information is disseminated. The City replies by email if at all possible to keep the fees down for
the requestor. • In Lakewood, if someone calls wanting a document that is available on the City's website, staff helps the person find it online. For these kinds of requests, Lakewood
does not require the person to fill out a public records request form. • Longmont does release records unless pursuant to a CORA request. • Arvada believes the vast majority of the time
that the City gets a CORA request, the documents can be found on the internet through a records search on the City's website. • Denver, generally, has the following categories of records
available online: City.contracts, election and campaign documents, birth, death and marriage documents, legislative documents including ordinances, resolutions and proclamations, real
property records and survey records. What is the municipality's policy concerning making records generally available on the internet. such that they can be Googled? In general, a document
that is accessible on an unprotected website will likely be found in a Google search, though maybe not as directly has having gone through the website. • The ability to search Fort Collins'
documents is advanced and expansive. There are two main search capabilities: 1. www.citydocs.fcgov.com. This is a portal that is styled a lot like Google, except it searched Fort Collins
documents which have been scanned and kept electronically. This portal is accessible independent of the City's website by entering the address above, or it can be reached by going to
www.fcgov.com. This portal allows documents to be searched the way a person searches Google, by typing the search into the open field. In addition, City departments are listed below
the search field and a person can click on the specific department and search documents that are department specifiC. The departments available to search include: City Clerk, Engineering,
Building and Zoning, Purchasing, GIS Maps and Utilities. If a person entered a general search in the open field (as one does at Google) with the word "Smith" for example, the search
engine would produce any document that has the word in the title -that ranges from everything from annexations to plats to purchasing accounts. All of the documents
available via this search engine have a disclaimer at the bottom of them indicating that the copies are unofficial copies of documents scanned in by the City on xixixx date. This disclaimer
further directs the viewer to the City Clerk's office for an official copy. The search engine does not have "optical character recognition" meaning that it does not scan the document
for the word searched, and it does not intelligently pull a document that happens to have the word "Smith" in the body of the document only, rather than in the title. 2. Openbook. This
is a link on the City's website used to promote spending transparency. From this link, a person can search all of the City's spending by searching the spending by: expense type, department,
service area, fund, vendor/payee (A-Z), vendor/payee (amount), vendor/payee (expense type), 2009 employee earnings, and 2010 employee earnings. 3
The documents available on www.citydocs.fcgov.com are so that a person doing a Google search for the same documents (outside the citydocs engine or the City's
webpage portal) might pull up the same documents. Depending on the technology used by Google, documents with the searched term included within the document (beyond the title) might be
pulled. (For example, if "Smith" was a term used in the body of the document, but not in the title, Google might pull it). • Edgewater has no stated policy on this; however, the City
posts agendas, minutes, resolutions, ordinances, and notices on the City's website. The City also sends those documents on an email subscription newsletter. • Lakewood does not currently
have the capability to move its Laserfiche records onto the internet for general viewing. Such transfer will require the purchase of Laserfiche Weplink. It is likely that the City will
have this capability in the near future; however the decision about when and if Laserfiche records should be made available online is undecided. The vast majority of the records that
are clearly public (minutes, ordinances, resolutions, packet materials) are already available on the City's website (around 10 years of history). Currently, a citizen may come into the
City Clerk's office and search through public records in Laserfiche. • In Lakewood, one of the reasons (other than cost) that the City has hesitated putting Laserfiche records online
is that the City is has not decided that it is in the interest of its citizens to do so. For example, building permits are public records, but they include names, addresses, phone numbers,
etc. The City feels that it is one thing for an individual to come to the City's offices and ask to see a permit file; however, it is something different to allow the entire world access
to all of the personal information, even if it is public record. If Lakewood makes Laserfiche records available online, such records would be through a link on the City's website. The
City's Imaging Technician does not think uGoogling" would get a person to the City's Laserfiche records; rather, a person would have to do a search within Laserfiche after linking to
it from Lakewood.org. A note of clarification from Mike Steinke, IT Manager for the City of Wheat Ridge: the City of Wheat Ridge has Laserfiche Weblink and "Googling" will produce documents
that are published in the Laserfiche Weblink product. • Longmont is open to making documents available generally on the internet. Does the municipality impose any restrictions or protocols
to protect privacy? • In Edgewater, information that is confidential is redacted. If staff has any questions about what is confidential pursuant to CORA, they consult with the Clerk
prior to releasing it. • In Lakewood, access to Laserfiche records is controlled through the use of permissions granted via Windows Authentication. Certain files will only display for
certain individuals. For example, if a citizen comes into the City Clerk's Office and logs into Laserfiche from the City's public viewing station, the only records s/he will see are
public records. The City locks everything that is non-public. • Longmont does not yet have a policy on this matter. 4