SOUTH METRO FIRE RESCUE Regular Board of Directors' Meeting December 7, 2020 9195 East Mineral Avenue, Centennial, CO
I. REGULAR BOARD MEETING – 6:00 P.M. – Board Room
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A. MEETING CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. RECOGNITION Chief Jerry Rhodes Distinguished Service & Retirement
E. PUBLIC COMMENT Public Conduct at Meetings. Comments by members of the public shall be made only during the “Public Comment” portion of the meeting or a specified “Public Hearing,” and shall be limited to three minutes per individual and five minutes per group spokesperson unless additional opportunity is given at the Board’s discretion. Each member of the public wishing to speak shall identify themselves by name, address, and agenda item, if any, to be addressed. Disorderly conduct, harassment, or obstruction of or interference with meetings by physical action, verbal utterance, nuisance or any other means are prohibited. Such conduct may result in removal of person(s) responsible for such behavior from the meeting, a request for assistance from law enforcement, and criminal charges filed against such person(s).
F. CONSENT AGENDA Consent Agenda items are provided for study in the Board packets and introduced in the General Session for the Board's review. They can be adopted by a single motion. All resolutions and proposed actions must be read by title prior to a vote on the motion. Any Consent Agenda items may be removed at the request of a Director and heard separately or tabled. 1. November 2, 2020 South Metro Fire Rescue Fire Protection District Regular Board Meeting Minutes
G. ACTION ITEMS 1. SMFR Resolution No. 2020-12 Adoption of 2021 Budget and Appropriate Sums – Miskimins 2. SMFR Resolution No. 2020-13 To Set Mill Levies – Miskimins 3. SMFR Resolution No. 2020-14 FPPA Amending Rate of Contribution to the FPPA Defined Benefit Plan Administered by the Fire and Police Pension Association for Reentry Firefighters for the SMFRFPD – Miskimins 4. October 2020 Financial Statements - Miskimins 5. SMFR Resolution No. 2020-15 Adopting the 2021-2025 Strategic Plan – Swindall 6. SMFR Resolution No. 2020-06 Continuation of Declaration of Local Disaster Emergency – Baker 7. Purchase and Sale Agreement for the Property at 6842 S. Lima Street – Turner 8. Contract to Buy and Sell Real Estate – 6730 S. Espana Way – Turner 9. SMFR & Local 2086 Working Agreement 01/01/2021 – 12/31/2021 – Nejbauer
H. DISCUSSION ITEMS 1. 2021 Board Meeting Date/Time/Location Schedule – Dell’Orfano
I. INFORMATION ITEMS 1. Board Committee Updates • Fire Chief Performance • Salary & Benefits • Bylaws/Boardsmanship • Community Outreach
J. EXECUTIVE SESSION (upon motion) Consult with Legal Counsel Pursuant to §24-6-402(4)(b), C.R.S., conferences with an attorney for the public entity for the purposes of receiving legal advice on specific legal questions regarding a pending Colorado Civil Rights Division complaint.
K. NEXT MEETING Regular Board of Directors’ Meeting to be held on January 4, 2021, 6:00 p.m. at 9195 E. Mineral Avenue, Centennial, CO.
L. ADJOURNMENT
2 P:BD Agenda South Metro Fire Rescue Fire Protection District Regular Board of Directors’ Meeting Minutes November 2, 2020
Present: Jim Albee, Chair Bob Baker, Fire Chief Renee Anderson, Vice Chair Mike Dell’Orfano, Assistant Chief William Shriver, Treasurer Vince Turner, Assistant Chief Hank Eng, Secretary Dillon Miskimins, Chief Financial Officer Sue Roche Jerry Rhodes, Assistant Chief Cindy Hathaway Kevin Milan, Assistant Chief Alison Rausch Jon Adams, Assistant Chief Isela Nejbauer, Human Resources Chief Officer Kristin Eckmann, Chief Communications Officer Breann Aragon, Controller Bob Cole, Legal Counsel
Others Present: SMFR Staff Members
MEETING CALL TO ORDER Chair Albee called the Regular Meeting to order at 6:12 p.m.
PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited at the South Metro Fire Rescue Volunteer Firefighter Board of Trustees Meeting.
ROLL CALL All members of the Board were present. All audience members were introduced.
PUBLIC COMMENT N/A
CONSENT AGENDA October 5, 2020 South Metro Fire Rescue Fire Protection District Regular Board Meeting Minutes October 19, 2020 South Metro Fire Rescue Fire Protection District Special Board Meeting Minutes
A motion was made by Sue Roche and seconded by Hank Eng to approve the consent agenda as presented. All were in favor and the motion carried.
ACTION ITEMS Public Hearing – 2021 Budget
Chair Albee opened the public hearing at 6:15 p.m.
Controller Aragon provided an overview of the 2021 budget update: • Updated capital expenditure amount o Experienced delays in the manufacturing process in the delivery of vehicles and pushed out the purchasing plan. • Outstanding Items o Assessed values from counties should be received later this month and will update revenue calculations and budget amounts once those are received. o Abatement decisions. o Organizational chart updates. At the Board’s request, Controller Aragon provided 2020 abatement amounts, by county and estimated mill levy increase.
After discussion, the Board agreed not to collect abatements for 2021 and will re-evaluate in 2022.
There was no public comment and Chair Albee closed the public hearing at 6:38 p.m.
September 2020 Financial Statements –Controller Aragon reviewed the financial statements, highlighting: • Fund balance decreased by approximately $4.6 million compared to prior month, bringing fund balance to a total of $89 million. • Through September, the District has collected $117.4 million in property and specific ownership tax revenue, which reflects 98.98% collection vs. 99.13% at this time last year for property taxes, 63.99% vs. 77.09% for specific ownership taxes. A total of $601,788 of property taxes have been diverted to TIF in 2020. Specific ownership tax revenue is trending under year-to-date budget by $1,067,475 which is indicative of fewer automobile sales than originally expected. • As of September 30th, the District has expended $95.3 million in the General Fund related to operations, which is $3.5 million under the YTD budget, not including Capital Projects transfers. • Through September, the District has expended $5.2 million or 42.91% of our total budgeted expenditures in the Capital Fund. • Ambulance transport revenue is under the YTD budget by $1.4 million due to the following factors: o Number of year-to-date transports have decreased from 14,342 in September 2019 to 13,534 in September 2020. o Statistics related to the updated fee schedule: ▪ Gross revenue per call has increased from a year-to-date average of $1,049/call in June 2020 to $1,125/call in September 2020. ▪ Net revenue per call has increased from a year-to-date average of $471/call in June 2020 to $503/call in September 2020. • In September, the District received the annual Medicaid supplemental payment in the amount of $5,076,521 compared to the budgeted $4,690,680. • Third quarter excise taxes of $153,107 have been recorded, which brings the total excise tax amount to $231,612. Staff is currently working with the Town of Parker to audit and validate excise tax collection calculations. • As of October 26th, $262,441 has been expended on COVID-19 related resources. Grant proceeds in the amount of $500K have been awarded by the Department of Local Affairs Corona Virus Relief Fund, and Staff is in the process of requesting reimbursement for these expenses as well as overtime expenses related to covering COVID related illnesses/exposures in the field. Should receive the funds by the end of the year.
At the Board’s request, Controller Aragon provided an overview of how fixed assets are presented during the annual CAFR report and the correlating line items.
A motion was made by William Shriver and seconded by Cindy Hathaway to accept the September 2020 Financial Statements as presented. All were in favor and the motion carried.
SMFR Resolution No. 2020-06 Continuation of Declaration of Local Disaster Emergency – Chief Baker reminded that the Board approved the initial resolution at the March 25th Emergency Board Meeting and extended the resolution at each regular meeting since. For the same reasons stated at the last meeting, including determining the impact on employees from schools starting up, staff recommends taking a long-term approach and continuing the disaster declaration. Staff will continue to evaluate and give a recommendation at each regular meeting.
A motion was made by Sue Roche and seconded by Alison Rausch to approve SMFR Resolution No. 2020-06 Continuation of Declaration of Local Disaster Emergency as presented. All were in favor and the motion carried.
Purchase and Sale Agreement for the Property at 6842 S. Lima Street – Chief Turner reported that the Purchase and Sale Agreement for the Lima Property, 6842 S. Lima Street, Centennial, CO has been received. Following a Competitive Market Value Analysis provided to the District by Pinnacle Real Estate Advisors for this property, the buyers initial offer was countered. A copy of the purchase agreement, which has been reviewed and revised by Legal Counsel and is acceptable in form by the buyer, was presented for approval.
At the Board’s request, Legal Counsel Cole clarified the seller’s rights as outlined in the contract.
After discussion, it was agreed that the inspection period be reduced to 90 days with the possibility of a 30-day extension, if needed.
A motion was made by Renee Anderson and seconded by Sue Roche to approve the Purchase and Sale Agreement for the Property at 6842 S. Lima Street as presented with the amendment that the inspection period is 90 days following the effective date and the purchaser will be allowed a 30-day extension if needed. All were in favor and the motion carried.
Special Counsel Letter of Engagement – Chief Dell’Orfano reminded that for the past several years, SMFR has received legal services from Collins Cockrel & Cole for general counsel. In limited instances, Bob Cole has also utilized the services of Spencer Fane for special counsel. In recent years, Matt Dalton and his team have assisted with litigation related to the urban renewal authorities in Parker, real estate matters, and the fire code board of appeals. Additionally, Matt brings 35 years of historical knowledge from his experience serving the former Castlewood Fire Protection District and South Metro. The presented letter of engagement continues a formal working relationship with Spencer Fane and appoints them as special counsel to the current South Metro Fire Rescue Fire Protection District. Bob Cole and Staff have reviewed the letter and agree that it would be beneficial to continue utilizing Spencer Fane for special counsel.
A motion was made by Hank Eng and seconded by Sue Rausch to approve the Special Counsel Legal Representation Letter of Engagement as presented. All were in favor and the motion carried.
DISCUSSION ITEMS N/A
INFORMATION ITEMS • Board Committee Reports: o Fire Chief Performance – Chair Albee stated nothing new to report. o Salary & Benefits – Chief Dell’Orfano updated that they are a few weeks into project and pulled together a lot of information and interviewing management in different function areas, trying to understand previous culture or technicalities in various positions. Hope to provide more formal update in mid- November to the board representatives and decide what needs to be reported to the full board. o Bylaws/Boardsmanship – Chair Albee stated nothing new to report. o Community Outreach – Director Anderson stated nothing new to report.
Correspondence items in the Board’s packet are summarized below as well as other information items that were communicated:
• Director Hathaway provided an update on the holiday gifts that will be delivered to the stations and administration staff. Chair Albee thanked Chief Baker for agreeing to pick up the cost since the Director to station ratio has flipped since last year. • Director Anderson reported that Chief Adams and CCO Eckmann will join her on a Zoom call, tentatively planned for November 16th, with a group of citizens from Chatfield Estates who have some questions about the fire this summer. • At Chair Albee’s request, Chief Baker reported that rather than letters, he had conversations with both AC and DC Sheriffs and they both understand our decision to remove the SWAT Medics from their responses outside of SMFR’s district. • At Chair Albee’s request, Chief Rhodes reported that Aurora’s decision to charge for responding to car accidents and “treat-no transport” medical calls has been utilized in some mountain communities because most responses are for non-residents. Chief Adams added that he does not foresee SMFR adopting these type of response charges at this time. It was later noted that Aurora will also be charging for fire inspections of businesses. • Controller Aragon reported that the District is applying for a revenue-related grant, round three of the Cares Act, and should have an update on the amount at the next meeting. • Chief Adams reported that SMFR was not awarded the SAFER Grant so there will not be an academy in 2021. • Chief Adams informed that a stand-up Incident Support Team has been put in place in preparation of unrest following the election. No direct threats have been received, but we want to be prepared so the Team will be on-call for the rest of this week. Chief Baker added that there is chatter that the civil unrest may start in Denver and move into the suburbs. • Chief Tasker reported that the crew deployed to California in early August are on their way home; all of the other deployed teams are back from the various Colorado fires; the body of the paddleboarder that drowned at Chatfield on October 11th was recovered quickly using the same end strategy used to locate the August drowning victim; eight SMFR members are currently off duty on COVID quarantine. • CCO Eckmann informed that the Parker PD and SMFR crews attended a nice lifesaving recognition event today. • Chief Baker informed that Chief Turner is working with the GIS Staff on the creation of a new district map that will assist the Board members in getting a grasp on their districts. • Chief Baker passed along appreciation from Paramedic Todd Parson to the Board for the support of the Fitness and Wellness Program, which will make a huge difference in the speed of his recovery. • Chief Baker also passed along appreciation from Joel Heinemann on behalf of Local 2086 and the Line members for the Board’s reconsideration of their wages. • Chief Baker provided a review of the current organizational structure and the background of the 2021 plan, which reduces his span of control from 8 to 5. Korn Ferry has been provided a copy of the new organizational chart and will be dovetailing it into their evaluation of the 76 current positions and the new ones for 2021. • Chair Albee opened the discussion of the 2021 meeting schedule. All agreed to continue meeting the first Monday of each month and schedule special meetings on an as-needed basis. • A copy of the 2020 Q3 Construction Stats, September and October 2020 MetCom Newsletter and September 2020 OUCH were included in the Board packet. • SMFR and DCSO Deputies presented a gift to Lora of Lora’s Donuts, who is battling cancer for a third time and due to COVID had to close her business. • A letter of thanks was received for Paramedic Matt DeSalvo & Firefighter Bob Bickerton for being instrumental in saving the life of a citizen who was in cardiac arrest one year ago. • A thank you note was received for Fire Inspectors Russell & Allen, Receptionist Stephens, with help from Section Supervisor/Construction Inspections Herian and Deputy Fire Marshal Everitt from Executive Construction, Inc. for their assistance with a commercial tenant buildout. • Thank you notes were received from The Timbers homeowners and HOA President to Deputy Fire Marshal Conroy & Community Risk Reduction Specialist Potton for the well-done and informative community meeting presentation regarding a recent house fire in the subdivision. • A thank you note was received for Engine 33 and Medic 31 for their assistance to a citizen who had a low oximeter reading and ended up being treated for pneumonia.
EXECUTIVE SESSION (UPON MOTION) N/A
NEXT MEETING The next Regular South Metro Fire Rescue District Board of Directors’ meeting will take place on December 7, 2020 at 6:00 p.m. at 9195 East Mineral Avenue, Centennial, CO.
ADJOURNMENT The meeting was adjourned by Chair Albee at 7:59 pm.
Attested by: ______Date:______RESOLUTION TO ADOPT 2021 BUDGET AND APPROPRIATE SUMS Resolution No. 2020 - 12
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET AND APPROPRIATING SUMS OF MONEY FOR THE SOUTH METRO FIRE RESCUE FIRE PROTECTION DISTRICT, COLORADO FOR THE CALENDAR YEAR BEGINNING THE FIRST DAY OF JANUARY 2021 AND ENDING ON THE LAST DAY OF DECEMBER 2021.
WHEREAS, the Board of Directors of the South Metro Fire Rescue Fire Protection District appointed Chief Bob Baker and Dillon Miskimins, Chief Financial Officer; to prepare and submit a proposed budget to said governing body by the proper time; and;
WHEREAS, the above individuals did submit a proposed budget to the governing body on or before October 15, 2020 for its consideration, and;
WHEREAS, the Board of Directors has made provision therein for revenues in an amount equal to or greater than the total proposed expenditures as set forth in said budget, and;
WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purpose described below so as not to impair the operations of the District, and;
WHEREAS, upon due and proper notice, published in accordance with the law, said proposed budget was open for inspection by the public at a designated place, a public hearing was held on November 2, 2020 and interested taxpayers were given the opportunity to file or register any objections to said proposed budget, and;
WHEREAS, certain facts and the best information available at the time of adoption of the 2021 budget were used in order to comply with the timely submittal of the mill levy to the County Commissioners of Douglas, Arapahoe and Jefferson County for certification for the 2021 budget. The budget for 2021 is adopted as presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTH METRO FIRE RESCUE FIRE PROTECTION DISTRICT, COLORADO;
Section 1. That the estimated expenditures for each fund are as follows:
General Fund $ 145,538,290 Capital Projects Fund 6,434,630 Building Rental Fund 2,780,900 Cherry Hills Pension Fund 224,000 JACC Agency Fund 250,000 Self-Insured Medical Fund 13,300,000
TOTAL ALL EXPENDITURES $168,527,820
Section 2. That the budgets as submitted and hereinabove summarized by fund, hereby are approved and adopted as the budgets of the South Metro Fire Rescue Fire Protection District for the year stated above.
{00792488.DOCX / } Section 3. That the sums are here by appropriated from the revenues of each fund, to each fund stated hereinabove for the purposes stated in the budget.
{00792488.DOCX / } Adopted this 7th day of December 2020.
Jim Albee, Chairman Board of Directors South Metro Fire Rescue Fire Protection District
Attest: ______William Shiver, Treasurer Board of Directors South Metro Fire Rescue Fire Protection District
{00792488.DOCX / } RESOLUTION TO SET MILL LEVIES Resolution No. 2020 - 13
A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2020, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE SOUTH METRO FIRE RESCUE FIRE PROTECTION DISTRICT, COLORADO, FOR THE 2021 BUDGET YEAR.
WHEREAS, the Board of Directors of the South Metro Fire Rescue Fire Protection District has adopted the annual budget in accordance with the Local Government Budget Law, on December 7, 2020 and:
WHEREAS, the amount of money generated from property taxes necessary to balance the budget for general operation expense is $115,179,090 and:
WHEREAS, the valuation for assessment for the South Metro Fire Rescue Fire Protection District as certified by the County Assessors is $12,451,793,531 for the General Fund,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTH METRO FIRE RESCUE FIRE PROTECTION DISTRICT, COLORADO;
Section 1. That for the purpose of meeting all general operating expenses of the South Metro Fire Rescue Fire Protection District during the 2021 budget year, there is hereby levied a tax of 9.25 mills upon each dollar of the total valuation for assessment of all taxable property within the South Metro Fire Rescue Fire Protection District.
Section 2. That for the purpose of collecting the 2020 abatements for South Metro Fire Rescue Fire Protection District, during the 2021 budget year, there is hereby levied a tax of 0.00 mills upon each dollar of the total valuation for assessment of all taxable property within the South Metro Fire Rescue Fire Protection District for the year 2021.
The Board of Directors hereby authorize and direct certifications to the County Commissioners of Douglas, Arapahoe, and Jefferson Counties, Colorado, the mill levies for the South Metro Fire Rescue Fire Protection District as hereinabove determined and set.
Adopted this 7th day of December, 2020.
Jim Albee, Chairman Board of Directors South Metro Fire Rescue Fire Protection District
Attest: William Shiver, Treasurer Board of Directors South Metro Fire Rescue Fire Protection District SOUTH METRO FIRE RESCUE BOARD AGENDA
MEETING DATE: 12/7/2020
AGENDA ITEM TYPE: ACTION ITEM
SUBJECT: FPPA Continuing Rate of Contribution Change for LFR SWDB Reentry and SWDB Reentry Drop Employees
BACKGROUND:
When a department exits the Fire and Police Pension Association and later reenters, an additional continuing rate of contribution is required. Littleton Fire Rescue reentered FPPA on November 1, 2005 and currently has 69 employees who participate in the SWDB reentry and SWDB Reentry-Drop groups. Upon reentry on November 1, 2005, the continuing rate of contribution was 4%. It is a local decision whether this is paid by the Employee, Employer, or split. At that time, Littleton Fire Rescue made the decision to split the rate with the employee paying 2% and the employer paying 2%. Per Colorado HB 20-1044, the continuing rate of contribution will be reduced from 4% to 0.2% effective January 1, 2021. On September 24, 2020, FPPA made a presentation to South Metro Fire Rescue regarding the continuing rate of contribution and the process necessary to revise employee and employer contributions to reflect the change. Dillon Miskimins, Isela Nejbauer, Dori Chuvarsky and Joel Heinemann attended the presentation. After the presentation and discussion regarding how the reduced rate would be split, a decision was made to continue the Littleton Fire Rescue philosophy of splitting the continuing rate of contribution equally between employee and employer. A resolution was prepared and has been reviewed by FPPA. FPPA Defined Benefit System
Statewide Defined Benefit Plan Contribution rates for the Statewide Defined Benefit Plan are set by state statute. Employer contribution rates can be amended by state statute or by election of both the employers and members. Member contribution rates can be amended by state statute or by election of the membership. Members of this Plan and their employer were contributing 8% of pensionable earnings for a total contribution rate of 16% through 2014.
Changes to Contributions Through 2030 Members elected in 2014 to increase the member contribution rate beginning in 2015. Member contribution rates are to increase 0.5% annually through 2022 to a total of 12% of pensionable earnings. The member contribution rate for 2020 is 11% and for 2021 is 11.5%.
Per Colorado HB 20-1044, a similar increase in employer contributions is effective January 1, 2021. Employer contribution rates will increase 0.5% annually through 2030 to a total of 13% of pensionable earnings. The employer contribution rate for 2020 is 8% and for 2021 is 8.5%. • Reentry Members to the Statewide Defined Benefit Plan Contributions from members and employers of plans reentering the system are established by resolution and approved by the FPPA Board. Prior to January 1, 2021, an additional 4% continuing rate of contribution is made by the reentry group. It is a local decision on who pays the additional 4% contribution. The reentry group had a combined member and employer contribution rate of 20 percent of pensionable earnings through 2014. Per the 2014 member election, the reentry group also had their required member contribution rate increase 0.5% annually beginning in 2015 through 2022. Per Colorado HB 20-1044, the employer contributions will increase by 0.5% annually through 2030.
Effective January 1, 2021, the continuing rate of contribution for departments that completed the reentry process prior to 2021 will be 0.2% of pensionable earnings. Those departments, by resolution, may reduce the 4% continuing rate of contribution to 0.2% effective January 1, 2021. For departments that complete the reentry process on or after January 1, 2021, the continuing rate of contribution will be set at 1.9% of pensionable earnings and will be reevaluated after two years of experience, at which point, the rate may stay the same or may be decreased.
RECOMMENDATION:
Staff’s recommendation is that the Board approve the resolution reducing the FPPA Continuing Rate of Contribution to 0.2% for LFR SWDB Reentry and SWDB Reentry Drop employees.
SUBMITTED BY: Dillon Miskimins, CFO APPROVED BY: Bob Baker Form of Resolution for Amending Continuing Rate of Contribution
RESOLUTION NO. 2020-14
A RESOLUTION AMENDING RATE OF CONTRIBUTION TO THE FPPA DEFINED BENEFIT PLAN ADMINISTERED BY THE FIRE AND POLICE PENSION ASSOCIATION FOR REENTRY FIREFIGHTERS FOR THE SOUTH METRO FIRE RESCUE FIRE PROTECTION DISTRICT
WHEREAS, the Colorado General Assembly in the 2020 Legislative Session passed HB20- 1044, which was signed into law by the Governor of Colorado on April 1, 2020; and
WHEREAS, HB20-1044 has enacted changes to the required Continuing Rate of Contribution to the Statewide Defined Benefit Plan (the “Plan”) for active Members of Employers who reentered the Plan prior to January 1, 2021; and
WHEREAS, after consideration of this matter South Metro Fire Rescue Fire Protection District has elected to modify the 4% Continuing Rate of Contribution currently in effect by adopting the additional required rate for Reentry Employers as indicated in Exhibit A to this Resolution; and
WHEREAS, at a meeting held on this date, South Metro Fire Rescue Fire Protection District and the Board of Directors (known herein as The Employer) determined to take the following action.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of SOUTH METRO FIRE RESCUE FIRE PROTECTION DISTRICT AS FOLLOWS.
1. South Metro Fire Rescue Fire Protection District hereby requests that the effective date of amended contributions be December 27, 2020.
2. The Member and Employer contribution rates to the Statewide Defined Benefit Plan on the effective date for Members who are active or in DROP and considered to be part of the reentry group shall be as indicated on Exhibit A of this resolution.
That this resolution of intent shall be certified and transmitted to FPPA for processing in accordance with all applicable laws and regulations as part of the application process.
RESOLVED AND ADOPTED this 7th day of December 2020.
ATTEST:
______Approved: ______Hank Eng, Secretary Jim Albee, Chair Exhibit A Contribution Rate Schedules for Members hired prior to the effective date of entry Statewide Defined Benefit Plan – Contribution Rate Schedule - Reentry Members
1. 2. 3. 4. 5. 6. 7. Effective Minimum Minimum Total Additional Additional Total Portion of January 1 Mandatory Mandatory Combined required required Required the member of Year Member Employer Member and rate for rate for Rate for contribution Contribution Contribution Employer Reentry Reentry Reentry to be paid Rate Rate Contribution Members Employers Members “after-tax” Rate * * 2020 11.0% 8.0% 19.0% 2.0% 2.0% 23.0% 0% 2021 11.5% 8.5% 20.0% .1% .1% 20.2% 0% 2022 12.0% 9.0% 21.0% .1% .1% 21.2% 0% 2023 12.0% 9.5% 21.5% .1% .1% 21.7% 0% 2024 12.0% 10.0% 22.0% .1% .1% 22.2% 0% 2025 12.0% 10.5% 22.5% .1% .1% 22.7% 0% 2026 12.0% 11.0% 23.0% .1% .1% 23.2% 0% 2027 12.0% 11.5% 23.5% .1% .1% 23.7% 0% 2028 12.0% 12.0% 24.0% .1% .1% 24.2% 0% 2029 12.0% 12.5% 24.5% .1% .1% 24.7% 0% 2030 and 12.0% 13.0% 25.0% .1% .1% 25.2% 0% thereafter
All contribution rates for the FPPA Plans are calculated on the member’s base salary as defined in FPPA Rule 101.05. South Metro Fire Rescue
Monthly Financial Reports
For the Month Ending October 31, 2020
1 October 2020 Financial Update Executive Summary
1. Fund balance decreased by approximately $12.7 million compared to prior month bringing fund balance to a total of $76 million.
2. Through October, the District has collected $118.7 million in property and specific ownership tax revenue, which reflects 99.00% collection vs. 99.22% at this time last year for property taxes, and 76.83% vs. 86.36% for specific ownership taxes. A total of $596,263 of property taxes have been diverted to TIF in 2020. Specific ownership tax revenue is trending under year to date budget by $630,780 which is indicative of fewer automobile registrations than originally expected.
3. As of October 31st, the District has expended $109.9 million in the General Fund related to operations, which is $2.8 million under the YTD budget not including Capital Projects transfers.
4. Through October, the District has expended $5.8 million or 48.14% of our total budgeted expenditures in the Capital Fund. The schedule of expenditures from the capital projects fund is included on page 9.
5. Through October, the District has billed $590,508 in Wildland reimbursements and $142,202 in USAR reimbursements.
6. Ambulance transport revenue is under the YTD budget by $1.5 million due to the following factors: a. Number of year-to-date transports have decreased from 15,992 in October 2019 to 15,145 in October 2020. b. Statistics related to the updated fee schedule: i. Gross revenue per call has increased from a year-to-date average of $1,049/call in June 2020 to $1,146/call in October 2020. ii. Net revenue per call has increased from a year-to-date average of $471/call in June 2020 to $507/call in October 2020.
7. As of November 30th, $737,565 has been expended on COVID-19 related resources. A report summarizing expenditure activity has been added to this report and found on page 10. Grant proceeds in the amount of $500k have been received from the Department of Local Affairs Corona Virus Relief Fund for the reimbursement of these expenses.
8. Included at the end of the financial reports: a. Schedule of taxes collected by month b. Schedule of capital outlay expenditures c. Definitions to the columns used in the financial reports
2 South Metro Fire Rescue Balance Sheet October 31, 2020
Prior Month Variance from General Capital Projects Building Rental Total Totals Prior Month Assets Checking$ 1,297,602 $ 628,897 $ 180,216 $ 2,106,715 $ 7,098,277 $ (4,991,562) Money market 111,229 ‐ ‐ 111,229 56,574 54,655 Colotrust 40,908,136 ‐ 2,301,159 43,209,295 48,278,426 (5,069,131) Investments 25,446,294 ‐ ‐ 25,446,294 25,619,184 (172,890) Accounts receivable 6,034,266 ‐ 46 6,034,312 5,109,054 925,258 Interest receivable 96,266 ‐ ‐ 96,266 86,359 9,907 Due from other funds 1,000,000 ‐ ‐ 1,000,000 1,000,000 ‐ Prepaids 2,769,810 273,871 6,520 3,050,201 2,989,190 61,011 Inventory 1,428,253 ‐ ‐ 1,428,253 1,427,660 593 Total Assets 79,091,856 902,768 2,487,941 82,482,565 91,664,724 (9,182,159)
Liabilities Accounts payable ‐ general 694,628 902,768 16,992 1,614,388 2,620,901 (1,006,513) Accounts payable ‐ payroll and benefits 4,600,946 ‐ ‐ 4,600,946 93,243 4,507,703 Deferred revenue 15,299 ‐ ‐ 15,299 3,021 12,278 Total Liabilities 5,310,873 902,768 16,992 6,230,633 2,717,165 3,513,468
Fund Balances $ 73,780,983 $ ‐ $ 2,470,949 $ 76,251,932 $ 88,947,559 $ (12,695,627)
3 South Metro Fire Rescue FPD Schedule of Revenues, Expenditures and Changes in Fund Balance ‐ Budget to Actual General Fund For the period ending October 31, 2020
Actual YTD Budget YTD Variance Annual Budget Annual Variance PY Actual YTD Variance CY to PY Revenues % Received Property tax $ 112,850,351 $ 111,915,194 $ 935,157 $ 114,041,893 $ (1,191,542) 98.96% $ ‐ $ 112,850,351 Excise tax 231,612 ‐ 231,612 ‐ 231,612 ‐ ‐ 231,612 Specific ownership tax 7,447,190 8,077,970 ( 630,780) 9,693,562 (2,246,372) 76.83% ‐ 7,447,190 Ambulance transport services 7,707,052 9,258,080 (1,551,028) 11,164,450 (3,457,398) 69.03% 8,419,979 ( 712,927) Medicare/medicaid supplemental payment 5,223,411 4,690,680 532,731 4,690,680 532,731 111.36% 2,345,340 2,878,071 Contracted services 312,120 312,120 ‐ 312,120 ‐ 100.00% 8,991,594 (8,679,474) Net investment earnings 1,192,350 1,024,990 167,360 1,230,000 (37,650) 96.94% 1,679,902 ( 487,552) Rental income 146,356 145,128 1,228 175,112 (28,756) 83.58% 144,319 2,037 Permit / Plan review 1,642,946 2,082,000 ( 439,054) 2,498,400 ( 855,454) 65.76% 2,198,484 ( 555,538) Reimbursements 982,268 1,081,182 (98,914) 1,122,632 ( 140,364) 87.50% 495,618 486,650 Dispatch fees 115,770 115,769 1 115,769 1 100.00% 106,494 9,276 Miscellaneous 267,293 478,105 ( 210,812) 650,259 ( 382,966) 41.11% 536,328 ( 269,035) Total Revenues 138,118,719 139,181,218 (1,062,499) 145,694,877 (7,576,158) 94.80% 24,918,058 113,200,661
Expenditures % Used Salaries 62,849,975 60,598,518 (2,251,457) 73,769,775 10,919,800 85.20% 54,019,550 (8,830,425) Overtime ‐ minimum staffing 2,992,531 3,572,366 579,835 4,287,575 1,295,044 69.80% 3,778,988 786,457 Overtime ‐ other 2,500,708 3,005,833 505,125 3,465,188 964,480 72.17% 2,169,900 ( 330,808) Benefits 24,186,761 24,108,357 (78,404) 28,634,279 4,447,518 84.47% 21,247,221 (2,939,540) Supplies 1,545,193 1,753,251 208,058 2,119,149 573,956 72.92% 1,613,382 68,189 Equipment 2,467,200 2,960,277 493,077 3,459,546 992,346 71.32% 2,127,809 ( 339,391) Books and publications 11,189 45,309 34,120 53,168 41,979 21.04% 22,959 11,770 Memberships and certifications 164,824 316,215 151,391 341,749 176,925 48.23% 113,820 (51,004) Advertising 1,545 17,087 15,542 20,225 18,680 7.64% 3,959 2,414 Awards and recognition 79,827 182,360 102,533 223,261 143,434 35.76% 138,937 59,110 Uniforms 961,823 1,734,148 772,325 1,906,215 944,392 50.46% 1,278,351 316,528 Software maintenance 1,723,508 1,972,612 249,104 2,354,938 631,430 73.19% 1,803,379 79,871 Hardware maintenance 317,121 375,838 58,717 451,000 133,879 70.32% 154,275 ( 162,846) Utilities 1,078,564 1,165,848 87,284 1,395,427 316,863 77.29% 1,128,052 49,488 Fuel 391,180 464,083 72,903 556,950 165,770 70.24% 461,244 70,064 Fleet supplies 520,940 541,670 20,730 650,000 129,060 80.14% 538,522 17,582 Printing 7,924 16,250 8,326 19,080 11,156 41.53% 11,045 3,121 Physicals and vaccinations 405,855 518,500 112,645 622,200 216,345 65.23% 489,398 83,543 Bank and credit card fees 131,205 154,170 22,965 185,000 53,795 70.92% 156,177 24,972 Equipment lease 65,700 93,310 27,610 111,968 46,268 58.68% 73,862 8,162 Vehicle lease 230,485 180,560 (49,925) 216,678 (13,807) 106.37% 164,802 (65,683) Audit 43,000 43,000 ‐ 43,000 ‐ 100.00% 43,000 ‐ Legal 244,328 275,830 31,502 319,000 74,672 76.59% 410,197 165,869 Professional services 2,447,864 3,221,397 773,533 3,776,357 1,328,493 64.82% 1,767,815 ( 680,049) Insurance 560,759 697,290 136,531 836,736 275,977 67.02% 434,666 ( 126,093) Seminars, conferences and travel 353,291 997,984 644,693 1,224,420 871,129 28.85% 640,114 286,823 Meeting expense 57,990 118,688 60,698 142,424 84,434 40.72% 72,372 14,382 Repairs and maintenance 1,152,362 1,098,902 (53,460) 1,384,256 231,894 83.25% 1,024,395 ( 127,967) Outside rental 7,032 26,247 19,215 31,780 24,748 22.13% 11,073 4,041 Tuition assistance, EAP, and other programs 365,211 307,560 (57,651) 369,071 3,860 98.95% 302,223 (62,988) Treasurer's fees 1,694,156 1,678,726 (15,430) 1,710,627 16,471 99.04% ‐ (1,694,156) Buildings and grounds 345,244 491,555 146,311 547,035 201,791 63.11% 96,101 ( 249,143) Contingency ‐ ‐ ‐ 74,722 74,722 0.00% ‐ ‐ Total Expenditures 109,905,295 112,733,741 2,828,446 135,302,799 25,397,504 81.23% 96,297,588 (13,607,707)
4 South Metro Fire Rescue FPD Schedule of Revenues, Expenditures and Changes in Fund Balance ‐ Budget to Actual General Fund For the period ending October 31, 2020
Actual YTD Budget YTD Variance Annual Budget Annual Variance PY Actual YTD Variance CY to PY
Excess of Revenues Over (Under) Expenditures 28,213,424 26,447,477 1,765,947 10,392,078 17,821,346 (71,379,530) 99,592,954
Other Financing Sources (Uses) Sale of Assets 58,951 129,170 (70,219) 155,000 (96,049) 38.03% 156,046 (97,095) Transfers to other funds (5,779,085) (7,958,799) 2,179,714 (11,713,229) 5,934,144 49.34% (1,777,998) (4,001,087) Total Other Financing Sources (Uses) (5,720,134) (7,829,629) 2,109,495 (11,558,229) 5,838,095 100,190,522 (105,910,656)
Net Change in Fund Balances 22,493,290 18,617,848 3,875,442 (1,166,151) 23,659,441 28,810,992 (6,317,702)
Fund Balances ‐ Beginning of Year 51,287,693 51,887,499 (599,806) 51,887,499 (599,806)
Fund Balances ‐ End of Year $ 73,780,983 $ 70,505,347 $ 3,275,636 $ 50,721,348 $ 23,059,635
5 South Metro Fire Rescue Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget to Actual Capital Projects Fund For the period ending October 31, 2020
Actual YTD Budget YTD Variance Annual Budget Annual Variance PY Actual YTD Variance CY to PY Revenues % Received Grant proceeds $ - $ 297,621 $ (297,621) $ 297,621 $ (297,621) 0.00% $ - $ - Net investment earnings 7,821 8,330 (509) 10,000 (2,179) 78.21% 9,747 (1,926) Total Revenues 7,821 305,951 (298,130) 307,621 (299,800) 2.54% 9,747 (1,926)
Expenditures % Used Buildings and grounds 5,382,453 7,756,460 2, 374,007 9, 177,747 3,795,294 58.65% 413,948 (4,968,505) Vehicles and apparatus 330,168 454,850 124,682 2, 778,971 2,448,803 11.88% 1,775,335 1, 445,167 Equipment 74,285 53,440 (20,845) 64,132 (10,153) 115.83% 59,560 (14,725) Total Expenditures 5,786,906 8,264,750 2,477,844 12,020,850 6,233,944 48.14% 2,248,843 (3,538,063)
Excess of Revenues Over (Under) Expenditures (5,779,085) (7,958,799) 2,179,714 (11,713,229) 5,934,144 (2,239,096) (3,539,989)
Other Financing Sources (Uses) Transfers from other funds 5,779,085 7,958,799 (2,179,714) 11,713,229 (5,934,144) 2,239,096 3, 539,989 Total Other Financing Sources (Uses) 5,779,085 7,958,799 (2,179,714) 11,713,229 (5,934,144) 2,239,096 3, 539,989
Net Change in Fund Balances ------
Fund Balances - Beginning of Year - - - - -
Fund Balances - End of Year $ - $ - $ - $ - $ -
6 South Metro Fire Rescue Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget to Actual Building Rental Fund For the period ending October 31, 2020
Actual YTD Budget YTD Variance Annual Budget Annual Variance PY Actual YTD Variance CY to PY Revenues % Received Rental income $ 692,582 $ 617,444 $ 75,138 $ 741,464 $ (48,882) 93.41% $ 656,490 $ 36,092 Net investment earnings 30,221 25,000 5,221 30,000 221 100.74% 43,474 (13,253) Miscellaneous 925 - 925 - 925 0.00% - 925 Total Revenues 723,728 642,444 81,284 771,464 (47,736) 93.69% 699,964 23,764
Expenditures % Used Supplies 12,530 24,180 11,650 29,021 16,491 43.18% 21,591 9,061 Utilities 207,467 213,340 5,873 254,406 46,939 81.55% 207,536 69 Professional services 5,250 5,250 - 5,250 - 100.00% 11,268 6,018 Routine maintenance 71,224 121,500 50,276 145,807 74,583 48.85% 122,302 51,078 Outside services 82,203 83,460 1,257 100,156 17,953 82.07% 75,752 (6,451) Outside repairs 39,532 107,820 68,288 125,500 85,968 31.50% 98,879 59,347 Equipment 35,893 80,930 45,037 97,141 61,248 36.95% - (35,893) Building and grounds 232,583 223,365 (9,218) 265,175 32,592 87.71% 6,757 (225,826) Total Expenditures 686,682 859,845 173,163 1,022,456 335,774 67.16% 544,085 (142,597)
Net Change in Fund Balances 37,046 (217,401) 254,447 (250,992) 288,038 155,879 (118,833)
Fund Balances - Beginning of Year 2,433,903 2,426,107 7,796 2,426,107 7,796
Fund Balances - End of Year $ 2,470,949 $ 2,208,706 $ 262,243 $ 2,175,115 $ 295,834
7 South Metro Fire Rescue Schedule of Property Tax Collections Arapahoe, Douglas, and Jefferson Counties 2020
Property Taxes Specific Percent 2019 Percent Month Interest Treasurer's Fee 2020 Total Current Year PY Adj TIF Ownership Collected Collections Collected January 2,476,033 3,300 (30,907) (51) 804,626 (36,720) 3,216,281 2.64% 2,205,178 2.12% February 38,303,491 3,999 (136,862) (550) 698,371 (572,552) 38,295,897 34.01% 34,290,868 35.02% March 9,356,642 (4,849) (192,450) 1,398 639,077 (137,410) 9,662,407 41.93% 7,195,465 41.92% April 19,932,189 (1,313) (70,662) 1,357 507,733 (297,924) 20,071,379 58.37% 17,841,544 59.04% May 8,723,857 10,432 (39,365) 9,632 621,972 (130,571) 9,195,956 65.91% 9,108,920 67.78% June 32,463,489 (14,219) (116,568) 16,342 801,835 (485,300) 32,665,580 92.67% 27,101,010 93.79% July 1,518,422 (57,918) (6,398) 31,632 924,686 (22,317) 2,388,107 94.63% 1,692,860 95.41% August 482,651 (2,463) (6,473) 15,873 752,710 (7,329) 1,234,969 95.64% 1,143,973 96.51% September 202,324 (57,059) (1,209) 4,695 847,318 (2,236) 993,832 96.45% 848,623 97.32% October 106,918 691 4,631 6,599 848,863 (1,798) 965,904 97.24% 845,132 98.14% November ‐ ‐ ‐ ‐ ‐ ‐ ‐ 1,196,099 99.28% December ‐ ‐ ‐ ‐ ‐ ‐ ‐ 747,383 100.00% Total 113,566,015 (119,401) (596,263) 86,926 7,447,190 (1,694,156) 118,690,312 104,217,056 sum of all Property Tax sub categories = 112,850,351 Budget 114,793,222 ‐ (751,329) 30,000 9,693,562 (1,710,628) 122,054,827
South Metro Fire Rescue South Metro Fire Rescue Schedule of TIF Diverted By County Excise Tax Collections 2020 2020 Arapahoe Douglas Month 2020 Total TIF Quarter Amount County County
January (17) (30,890) (30,907) Q1 52,544.02 February (23,154) (113,708) (136,862) Q2 25,960.99 March (150,668) (41,782) (192,450) Q3 153,106.95 April (23,067) (47,595) (70,662) Q4 ‐ May (9,585) (29,781) (39,365) Total 231,611.96 June (109) (116,459) (116,568) July (1,422) (4,976) (6,398) August (2,917) (3,556) (6,473) September (208) (1,001) (1,209) October 4,680 (49) 4,631 November ‐ ‐ ‐ December ‐ ‐ ‐ Total (206,466) (389,798) (596,263)
8 South Metro Fire Rescue Capital Details 10/31/2020
Buildings and Grounds ‐ General Fund Facilities ‐ Opticom & GPS Installations$ 31,782 Mineral HQ ‐ 911 Call Center Door 1,811 Mineral HQ ‐ Wellness Office Remodel 3,319 Station 12 ‐ Red Bunker Racks/Roof Top Unit/ Carpet Replacement 29,573 Station 13 ‐ Water Heater 2,370 Station 14 ‐ Nedermann Fan 708 Station 17 ‐ Garage Door Repair 3,100 Station 18 ‐ Garage Door Repair 3,735 Station 21 ‐ Drain Grates/Fence Install/Exterior Painting 10,532 Station 33 ‐ Lighting in Bay and Gym/Carpet Replacement 12,099 Station 34 ‐ Hot Water Heater 5,416 Station 36 ‐ Station Remodel/Water Cooler/Garage Repairs 19,866 Station 38 ‐ HVAC Upgrade 10,574 Station 39 ‐ Red Bunker Racks/Fire Alarm 17,274 Station 40 ‐ Garage Door Repair/Lighting Remodel/HVAC/Roof Top Unit 21,208 Station 44 ‐ Shed 5,889 Station 45 ‐ Carpet Replacement 6,355 Station 47 ‐ Replace Conduit/Wiring 3,850 Quartermaster ‐ Furnace and AC Install 4,217 JSF ‐ Replacement of Fleet Bay Doors/Cooler/Concrete 66,642 JSF Sand/Salt Bldg ‐ Concrete Replacement 60,201 Hilltop Tower ‐ AC Install 1,707 TJTC ‐ Flooring/Painting 23,016 Total Equipment 345,244
Building and Grounds ‐ Capital Projects Fund Station 12 ‐ Resurface Lot 19,961 Station 20 ‐ Architecture & Construction 5,255,770 Station 22 ‐ Resurface the Parking Lots 57,449 Station 33 ‐ Nederman Magna Rail System 14,289 Mineral HQ ‐ Carport 34,984 Total Building and Grounds 5,382,453
Vehicle and Apparatus ‐ Capital Projects Fund 2020 BC Trucks 160,076 2020 Ambulance Refurbishment 42,944 2020 Medic Units Outfitting 6,781 2020 T‐6 Brush Truck 120,367 Total Vehicle and Apparatus 330,168
Building and Grounds ‐ Buiding Rental Fund Mineral HQ ‐ Parking Garage Repairs 16,661 Mineral HQ ‐ AV Upgrade 116,242 Mineral HQ ‐ Roof Top Unit Repair 27,820 Mineral HQ ‐ HVAC System Upgrade 69,740 Mineral HQ ‐ New Entry Mat 2,120 Total Building and Grounds 232,583
Total Capital Purchases $ 6,290,449
9 South Metro Fire Rescue Budget Worksheet Department(s): Operations Fund(s): General Fund Program/Location: COVID-19
Account Account Description YTD Actual Revenues 4700 Contributions/Donations (1,593) Total (1,593) Expenditures 5200 Minimum Staffing 480,460 5400 Project/Meeting OT 13,131 Salary and Benefit Sub-total 493,591
7000 Supplies 213,421 7100 Equipment 17,346 8175 Professional Services 6,456 8250 Travel/Lodging 5,734 8300 Business/Meeting Expense 1,017 Sub-total 243,974
Total expenditures 737,565
10 Schedule of Revenues, Expenditures and Changes in Fund Balance – Budget to Actual (Page 4 – 7)
Column Definitions:
Column Definition Actual Year to Date (YTD) actuals amounts as of the date on the statement. YTD Budget Column which displays the budgeted amounts through the date on the statement. YTD Variance Actual column subtracted by the YTD Budget column. This compares actual expenditures with their budgeted amounts through the date on the statement rather than the entire fiscal year. Annual Budget Budgeted amounts for the entire fiscal year. Annual Variance Actual column subtracted by Annual Budget column. This shows how much budget remains to be received or used in the fiscal year. % Received/Used Actual column divided by Annual Budget column. This shows what percent of budgeted annual revenues or expenses have been received or used for the fiscal year. Prior Year (PY) This column displays the prior year (2018) year to date actual amounts for SMFR Actual YTD FPD only (Cunningham amounts are not included) Variance Current Actual column subtracted by the PY Actual YTD column. This compares the Year (CY) to Prior increase or decrease in current year values with those of the prior year. Year (PY)
11 SOUTH METRO FIRE RESCUE FIRE PROTECTION DISTRICT BOARD AGENDA
MEETING DATE: 12/7/2020
AGENDA ITEM TYPE: ACTION ITEM
SUBJECT: Resolution Adopting the South Metro Fire Rescue 2021-2025 Strategic Plan
BACKGROUND: In preparation for our accreditation process in 2021, several employee representatives of the District have prepared an updated strategic plan for the years 2021-2025. To assist in the plan’s preparation, the services of the Center for Public Safety Excellence were utilized to guide the discussions, obtain community feedback, and draft the document. Staff has completed its review and is now presenting it to the board for discussion and feedback. If the board is ready to approve the plan, then a resolution has also been prepared.
RECOMMENDATION: Staff recommends approval of the resolution and strategic plan.
SUBMITTED BY: Scot Swindall APPROVED BY: Bob Baker SOUTH METRO FIRE RESCUE FIRE PROTECTION DISTRICT
RESOLUTION NO. 2020-__15
A RESOLUTION ADOPTING THE SOUTH METRO FIRE RESCUE 2021-2025 STRATEGIC PLAN
WHEREAS, the South Metro Fire Rescue Fire Protection District (the “District”) is a quasi-municipal corporation and political subdivision of the State of Colorado and a duly organized and existing special district pursuant to Title 32, Article 1, Colorado Revised Statutes; and
WHEREAS, Section 32-1-1001(l)(m), C.R.S. authorizes the District to adopt, amend, and enforce bylaws and rules and regulations not in conflict with the constitution and the laws of the state for carrying on the business, objects, and affairs of the District and its Board of Directors; and
WHEREAS, by Resolution No. 2019-11 the District adopted by reference the 2016-2020 strategic plan previously adopted by the South Metro Fire Rescue Authority by Resolution No. 2015-07 (the “Previous Strategic Plan”); and
WHEREAS, the Previous Strategic Plan has community feedback, a mission statement, goals, objectives, strategies, and a strategic vision to guide the District in providing Emergency Services to the District’s community; and
WHEREAS, the District has been granted accreditation through the Commission on Fire Accreditation International (“CFAI”); and
WHEREAS, maintaining an up-to-date Strategic Plan is a critical element of retaining accreditation; and
WHEREAS, the District has determined that the adoption of an updated Strategic Plan is necessary to help provide a new strategic vision for the future of the District.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTH METRO FIRE RESCUE FIRE PROTECTION DISTRICT AS FOLLOWS:
1. Adoption of Strategic Plan. The Board hereby adopts the Strategic Plan attached hereto as Exhibit A.
2. Guidance Policy; No Third party Liability. The Strategic Plan constitutes a guidance policy regarding future service recommendations, for use by the Board in its sole discretion regarding planning, development and operation of the District’s resources, and does not establish absolute requirements. The Strategic Plan does not create any duty by the District to meet such goals or objectives. The Strategic Plan shall not be deemed to give rise to any claim or cause of action by any officer, employee, volunteer or other personnel or official of the District, or any other person or entity. Nothing herein shall be deemed to create any third-party beneficiary or give rise to any claim or cause of action. Nothing herein shall be deemed to be a waiver of the requirements, protections, procedures and limitations on liability contained in the Colorado Governmental Immunity Act, Article 10, Title 24, C.R.S.
3. Severability. If any part, section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining provisions.
4. Effective Date. This Resolution shall take effect and be enforced immediately upon its approval by the District Board.
Adopted this 7th day of December, 2020.
SOUTH METRO FIRE RESCUE FIRE PROTECTION DISTRICT
By: Jim Albee, Chair
Attest:
Hank Eng, Secretary EXHIBIT A
2021-2025 STRATEGIC PLAN
[ATTACHED] SOUTH METRO FIRE RESCUE FIRE PROTECTION DISTRICT BOARD AGENDA
MEETING DATE: 12/7/2020
AGENDA ITEM TYPE: ACTION ITEM
SUBJECT: Continuation of Declaration of Local Disaster Emergency
BACKGROUND: On March 19, 2020, the District declared a local disaster in response to the national public health emergency and worldwide pandemic caused by COVID-19. Staff has evaluated the need to continue the disaster declaration and finds that it would be beneficial as we draw near the start of the school year and evaluate the impact on employee work schedules and services, allow for expanded work-from-home arrangements, maintain flexibility with policy implementation (for example, use of sick leave after international travel), and maintain a consistent message to the organization on the importance of vigilance during this pandemic. Additionally, our county Emergency Managers are recommending we continue the disaster declaration for alignment w/ local, state and federal declarations and on-going tracking of supplies and financial reimbursement methods.
RECOMMENDATION: It is recommended that the board of directors approve the continuation of the disaster declaration.
SUBMITTED BY: Mike Dell’Orfano APPROVED BY: Bob Baker
RESOLUTION NO. 2020-06 WAS CONTINUED by the Board of Directors this 7th day of December, 2020.
South Metro Fire Rescue Fire Protection District
By: ______Jim Albee, Chair
Attest:
______Hank Eng, Secretary SOUTH METRO FIRE RESCUE BOARD AGENDA
MEETING DATE: 12/7/2020
AGENDA ITEM TYPE: ACTION ITEM
SUBJECT: Purchase Agreement Lima Property
BACKGROUND: Revised Purchase and Sale Agreement for the Lima Property, 6842 S. Lima Street, Centennial CO. Direction was given at the November 2, 2020 District BOD meeting to amend the initial Purchase Agreement to reduce the time frame of the Inspection Period and forfeiture dates of earnest monies for failure to move the purchase forward through no fault of the District. These two requests have been met and the Buyers have accepted our revisions to the Purchase agreement.
RECOMMENDATION: Approval of Revised Purchase Agreement
SUBMITTED BY: Assistant Chief Vince Turner APPROVED BY: Chief Bob Baker PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is dated as of the Effective Date (as defined below) and is made and entered into by and between South Metro Fire Rescue Fire Protection District, a quasi-municipal corporation and political subdivision of the State of Colorado (“Seller”), and Red Oak Development LLC, a Colorado limited liability company (“Purchaser”).
Seller is the owner of that certain 5.5 acre, more or less, tract or parcel of vacant land located at the SEC of E. Briarwood Avenue and S. Lima Street, Centennial, Colorado, the legal description for which is more fully set forth on Exhibit A attached hereto and made a part hereof by reference. Such tract shall be conveyed together with all improvements situated thereon, if any, and all hereditaments, appurtenances, rights, permits, licenses, easements and rights-of-way incident and appurtenant thereto, but excluding any water rights or mineral rights (all of which is collectively referred to as the “Property”). Seller desires to sell the Property, and Purchaser agrees to purchase the Property on the terms and conditions hereinafter set forth.
NOW, THEREFORE, for and in consideration of the consideration stated herein to be paid by Purchaser to Seller, and of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree as follows:
1. Purchase and Sale. Seller agrees to sell and convey the Property to Purchaser, and Purchaser agrees to purchase and pay for the Property from Seller, all in accordance with the terms and conditions provided in this Agreement.
2. Purchase Price. The purchase price for the Property (the “Purchase Price”) shall be One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00), subject to the prorations set forth herein.
3. Payment of Purchase Price. The Purchase Price, less the amount of the Earnest Money (as defined in Section 4 below) and the Additional Earnest Money, as defined in and subject to Section 6.b. below, and subject to the prorations and adjustments set forth herein, shall be paid to Seller at Closing in cash by wire transfer, certified check, or other good and immediately- available funds.
4. Earnest Money. On or before five (5) business days following the Effective Date, Purchaser shall deposit Twenty-Five Thousand and No/100 Dollars ($25,000.00) as earnest money (the “Earnest Money”) with First Integrity Title Company (the “Title Company”) at 3141 Walnut Street, Suite 101, Denver, Colorado 80205, Attn: Victoria Mack, Tel: (720) 574-1346. The Earnest Money and any Additional Earnest Money shall be held by the Title Company in accordance with the terms of this Agreement. At the Closing, the Earnest Money and any Additional Earnest Money shall be paid over to Seller and applied in partial payment of the Purchase Price, except as provided in Section 6.b. below; or if this Agreement is terminated, canceled, or rescinded, the Earnest Money shall be refunded to Purchaser or paid over to Seller as liquidated damages as further provided herein, and under all circumstances the Additional Earnest Money shall be paid
{00784925.DOCX / 4 } over to Seller. Purchaser expressly acknowledges and agrees that the Earnest Money shall become “at-risk” and non-refundable to Purchaser upon the expiration of the Inspection Period, excepting only Seller’s default or Purchaser’s termination by right granted hereunder. In any event of termination of this Agreement by Purchaser prior to the Closing under a right to so terminate under this Agreement, (i) Title Company shall refund the Earnest Money to Purchaser in full, (ii) Title Company shall remit any Additional Earnest Money to Seller in full, and (iii) Seller shall bear the costs of Title Company, if any, incurred prior to and through the date of such termination.
5. Survey; Title.
a. Survey. On or before five (5) days following the Effective Date, Seller shall deliver to Purchaser true and correct copies of all surveys related to the Property which are in Seller’s possession or control, if any. Purchaser, at Purchaser’s expense, shall have the right to obtain an updated or new ALTA survey of the Property (the “Survey”) showing thereon the correct legal description of the Property, its proper easements, rights-of-way, and adjacent roadways on and/or to the Property.
b. Title Commitment; Objections. Within thirty (30) days of the Effective Date, Seller shall cause a preliminary title report (the “Title Commitment”) to be issued by the Title Company to Purchaser, which shall provide a commitment to insure title to the Property in the amount of the Purchase Price subject to a schedule of exceptions (and the Title Commitment shall include legible copies of all documents referenced in that schedule, if available); provided, however, that Purchaser agrees to pay, if so desired, the additional premium, if any, to delete the “standard exceptions” for such matters as (i) parties in possession, (ii) unrecorded easements, (iii) survey matters, (iv) unrecorded mechanics’ liens or similar liens, (v) the gap between the effective date of the Title Commitment and Closing, and (vi) unpaid taxes, assessments, and unredeemed tax sales prior to the year of Closing. Purchaser shall have fourteen (14) days following Purchaser’s receipt of the Title Commitment (“Title Objection Deadline”) to object, by delivering written notice to Seller with respect to any matters shown in the Title Commitment. Any exceptions shown therein and not objected to by Purchaser prior to the Title Objection Deadline shall be deemed approved by Purchaser (and shall be included in the definition of “Permitted Exceptions”). If Purchaser does give such notice on or before the Title Objection Deadline and objects to title matters, then Seller shall have ten (10) days to deliver a written response as to which objections, if any, Seller does not agree to cure. If Seller does not give a response within such ten (10) day timeframe to a particular item objected to, Seller shall be deemed to have not agreed to cure any such items. If Purchaser is not satisfied with the objections Seller does not agree to cure, then Purchaser may terminate this Agreement by delivering a written notice of termination within five (5) days after receipt of Seller’s timely written response to Purchaser’s title objections or the date by which such responses would otherwise have been due if Seller does not respond, as applicable, whereupon the Earnest Money shall be returned to Purchaser and neither party shall have any further obligation to the other, except for those obligations that expressly survive the termination of this Agreement. Seller shall have until the Closing Date to cure the objections Seller has agreed to cure. If Seller does not so cure on or before the Closing Date all matters to which Purchaser has objected and Seller has agreed to cure, then Purchaser shall have the option
{00784925.DOCX / 4 }2 of either (i) completing this transaction and accepting such title as Seller is able to convey; provided, however, that Purchaser shall be entitled to reduce the Purchase Price by such costs that Purchaser will reasonably incur in completing the cure that Seller failed to complete, including, without limitation, payoffs of any amount and the purchase of endorsements to the Title Policy, or (ii) terminating this Agreement, in which event the Earnest Money shall be returned to Purchaser and Seller shall reimburse Purchaser for all costs reasonably incurred by Purchaser in the negotiation of this Agreement, conduct of due diligence, and the satisfaction of conditions to Closing, after which neither party shall have any further obligation to the other hereunder, except for those obligations which expressly survive the termination of this Agreement. From time to time, at any time after the Title Objection Deadline and prior to the Closing Date, Purchaser may give written notice of objections to matters of title first appearing in any updated title commitment issued after the initial Title Commitment and all such additional objections shall be subject to procedures for resolution of title objections set forth in this Section 5(b).
c. Seller’s Title. At the Closing Seller shall convey to Purchaser Good and Marketable Fee Simple Title to the Property subject only to the following exceptions (the “Permitted Exceptions”): (i) zoning ordinances affecting the Property; (ii) the lien of ad valorem taxes and installments of special assessments which are not due and payable as of the date of the Closing; and (iii) those exceptions to the Title Commitment to which Purchaser has no objection or is deemed to have waived objection, in accordance with the provisions of Section 5(b). Notwithstanding the foregoing, Seller shall be required to pay off and/or cause to be satisfied at Closing, any liens, judgments, deeds of trust to secure debt, and any other title objections which can be satisfied of record by a stated sum of money, subject to Section 30. The term “Good and Marketable Fee Simple Title” shall be such fee simple title as is acceptable to and insurable in Purchaser’s favor in the amount of the Purchase Price by the Title Company at standard rates.
d. Title Policy. On the Closing Date and as a condition of Closing, Seller shall cause to be delivered to Purchaser from the Title Company an ALTA Owner’s Policy of Title Insurance with liability in the full amount of the Purchase Price, insuring title to the Property in Purchaser, subject only to the Permitted Exceptions, together with such endorsements as may be reasonably requested and paid for by Purchaser (the “Title Policy”).
6. Inspection of the Property; Approvals.
a. Purchaser’s Inspection. Purchaser, personally or through agents, employees or contractors, may go upon the Property following the Effective Date and through the date of Closing, to inspect the Property, to conduct such soil, engineering, environmental, asbestos, “wetlands,” traffic, and other tests, investigations and analyses of the Property (including, for the avoidance of doubt, all improvements on the Property, if any) as Purchaser deems appropriate with respect to either the current condition of the Property or Purchaser’s intended use of the Property. In addition, from and after the Effective Date, Purchaser shall also have the right to market the Property for sale or lease. Seller hereby agrees to cooperate fully with Purchaser so as to allow Purchaser the reasonable
{00784925.DOCX / 4 }3 opportunity to inspect the Property. Within five (5) days following the Effective Date, Seller shall provide to Purchaser all of the following, if any, pertaining to the Property that may be in Seller’s or Seller’s affiliate’s possession or control: (1) the latest property tax bills; (2) all environmental reports, including asbestos reports; (3) all written governmental approvals; (4) all building plans, site surveys, as-built drawings, warranties, and site plans, including parking and utility drawings; (5) all existing title policies, including any restrictive covenant or easement agreements; (6) all soil reports; (7) all engineering reports; (8) copies of all existing leases; (9) copies of any written contracts or summaries of oral agreements respecting the Property; (10) copies of any permits or licenses relating to the Property or its use or occupancy; and (11) copies of any correspondence within the prior two (2) years from any governmental authority (excluding the Seller) regarding the Property or matters that might affect the Property and such other documents and information as Purchaser may reasonably request which are related to the ownership, operation and/or maintenance of the Property. Purchaser shall pay all of its costs incurred in making such surveys, inspections, tests, analyses and investigations, and Purchaser, at its own expense, shall be responsible for the repair of any direct damage to the Property arising from or related to Purchaser’s inspection of the Property. Purchaser shall indemnify, defend and hold Seller entirely harmless from any cost, expense, liability or obligation resulting from physical injury, property damage, mechanics’ or materialmen’s liens or otherwise caused directly or indirectly by Purchaser’s entry upon the Property pursuant to this Section 6(a). Notwithstanding any other provision of this Agreement, the foregoing indemnity shall survive the expiration or termination of this Agreement.
b. Inspection Period. On or before one hundred twenty (120) days following the Effective Date (the “Inspection Period”), Purchaser shall have the absolute right, exercisable in Purchaser’s sole and absolute discretion, to terminate this Agreement and receive a full refund of the Earnest Money. Purchaser shall have the right to extend the Inspection Period for four (4) additional thirty (30) day periods by giving notice to Seller and depositing an additional Ten Thousand and No/100 Dollars ($10,000.00) per extension as earnest money (the “Additional Earnest Money”) on or before the end of the Inspection Period and any extension thereof, as applicable. In the event of such election to extend, the term “Inspection Period” shall be deemed to include such exercised extension. Notwithstanding any other provision contained in this Agreement, (i) the Additional Earnest Money shall be non-refundable; (ii) the portion of the Additional Earnest Money attributable to the first and second extension of the Inspection Period, if any, shall be applied in partial payment of the Purchaser Price at the Closing; and (iii) the portion of the Additional Earnest Money attributable to the third and fourth extension of the Inspection Period, if any, shall not be applied in partial payment of the Purchaser Price at the Closing. Unless Seller receives express written instructions from Purchaser on or before the expiration of the Inspection Period that it is exercising its right to terminate this Agreement, Purchaser shall be deemed to have not terminated this Agreement. If Purchaser gives such notice of termination, Title Company shall refund the Earnest Money to Purchaser without further documentation or approval by Seller required, and the Title Company shall remit the Additional Earnest Money to Seller without further documentation or approval by Purchaser required. If so terminated, the parties hereunder shall have no further rights, duties or obligations under this Agreement, except for such rights, duties or obligations as
{00784925.DOCX / 4 }4 are expressly stated herein to survive a termination of this Agreement.
c. Approvals; Seller’s Cooperation. From the Effective Date until Closing, Purchaser shall have the right to seek receipt from all applicable state and local governmental and quasi-governmental authorities (the “Governmental Authorities”), including, without limitation, the city or municipality in which the Property is located (the “City”), of final unappealed and unappealable approvals (collectively, “Approvals”) of permitting the use for which Purchaser intends the Property (the “Project”). Seller shall cooperate with Purchaser in its efforts to secure Approvals on terms satisfactory to Purchaser, including executing any documents provided by Purchaser that are required in the application and submittals for the Approvals, except that: (i) Seller shall not be required to bear any costs required therefor including, without limitation, the costs of Seller’s attorneys and consultants; and (ii) Seller shall not be required to make any dedications, conveyances or binding land use changes on or of the Property prior to Closing. Except as directed by Purchaser, Seller shall not process, submit or permit others to submit or process any applications for discretionary land use approvals with respect to the Property prior to Closing. Seller shall have no authority without Purchaser’s prior written consent to make any statements, representations or warranties to any Government Authorities or third parties concerning Purchaser or the Project.
7. Seller’s Representations. As an inducement to Purchaser to enter into this Agreement and to purchase the Property and as of each of the Effective Date and the Closing Date, Seller warrants, represents and covenants to Purchaser as follows:
a. Authority; Title. Seller has the right, power, and authority to enter into this Agreement and has the right, power and authority to convey the Property in accordance with the terms and conditions of this Agreement. Subject only to the Permitted Exceptions, effective as of Closing, (i) Seller is the owner of the Property in fee simple, (ii) to Seller’s knowledge, no person has any right to occupy any portion of the Property, and (iii) to Seller’s knowledge, there are no unrecorded leases, easements, restrictions, covenants, or encumbrances which affect title to the Property.
b. FIRPTA; OFAC. Seller is not a “foreign corporation,” “foreign partnership” or “foreign estate,” as those terms are defined in the Internal Revenue Code of 1986, as amended, and that Seller will furnish to Purchaser such further assurances with respect to this representation and warranty as Purchaser shall reasonably request. Seller is not named on any list of persons, entities, and/or governments that are prohibited from conducting commercial transactions, issued by the United States Treasury Department Office of Foreign Assets Control (“OFAC”) pursuant to Executive Order 13224, nor is Seller acting on behalf of, providing assistance to, or otherwise associated with any person or entity referred to in any OFAC list.
c. Conflicts and Pending Actions. Neither the execution nor delivery of this Agreement nor the consummation of the transactions contemplated hereby will result in any breach, violation or event of default under any agreement, restriction, easement, covenant or judgment to which Seller is a party or which is binding on Seller or the
{00784925.DOCX / 4 }5 Property. There is no litigation, suit, action, claim, investigation or proceeding pending, or to the best of Seller’s knowledge, threatened against Seller or the Property, and Seller has received no written notice of any proceeding, including condemnation proceedings, against Seller or the Property that challenges or impairs Seller’s ability to execute or perform its obligations under this Agreement or that would adversely affect the Property or any portion thereof. Seller has no knowledge of and has received no notice of any actual or alleged violation of any applicable law, rule, regulation, code, ordinance, or decree with respect to the Property.
d. No Bankruptcy. Seller has not filed for bankruptcy relief within the last year under the laws of the United States Bankruptcy Code; nor has any petition for bankruptcy or receivership been filed against Seller within the last year.
e. Third-Party Rights. To Seller’s knowledge, there are no leases or other possessory, occupancy, or tenancy rights affecting the Property that will survive Closing. To Seller’s knowledge, there are no rights of third parties with respect to the Property, including, without limitation, leases, possessory, occupancy or tenancy rights, options to purchase, rights of first refusal, loans, or other rights with respect to the Property that will survive Closing. Neither Purchaser nor the Property will incur any liability or obligations with respect to the termination of any third-party rights.
f. Compliance. Seller, at its cost and expense, has complied (and will continue to comply until Closing) with, all laws, restrictions, covenants and conditions (including any of same contained in any development or other governmental agreements, permits, entitlements or licenses) pertaining to, or otherwise affecting, the Property.
g. Contracts. There are no contracts or agreements, whether written or oral, respecting the Property that will survive Closing.
h. Environmental Matters. Seller has furnished or will furnish to Purchaser, pursuant to Section 6(a), copies of any environmental studies which Seller has had performed or otherwise has in its or its affiliate’s possession or control pertaining to the Property or any adjacent properties, if any. Seller has not used, authorized, or allowed the use of the Property for the handling, treatment, storage, disposal or release of any hazardous or toxic substance as defined under any applicable state, local, or federal law, rule, regulation, ordinance, code, or decree including, without limitation, Section 10414 of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. §9601(14) as modified, or the Resource, Conservation and Recovery Act, as amended (collectively the “Environmental Laws”). To Seller’s knowledge, neither the Property nor the use of the Property violate any applicable Environmental Law. To Seller’s knowledge, no hazardous material, as such or similar terms are used in the Environmental Laws, including, without limitation, asbestos, is stored or located on or about the Property, including, without limitation, within the buildings set forth thereon, if any. To Seller’s knowledge, there are no underground storage tanks located in, on, or under the Property.
{00784925.DOCX / 4 }6 i. No Liens. There are no mechanic’s, materialmen’s or brokers’ liens against the Property, and there are no unsatisfied charges, debts, liabilities, claims, commissions or obligations relating to the Property that could give rise to any mechanic’s, materialmen’s, brokers’ or any other lien against the Property, or any part thereof.
j. Omissions. All representations and warranties made by Seller in this Agreement, and all information contained in any statement or certification made to Purchaser in connection with this transaction, are free from any untrue statement of material fact and do not omit to state any material facts necessary to make the statements contained herein or therein not misleading. The copies of all documents furnished to Purchaser in connection with this transaction are true and complete copies of the documents in Seller’s file, or Seller’s possession or control.
The foregoing representations and warranties shall inure to the benefit of and be enforceable by Purchaser, its successors and assigns. The phrase “Seller’s knowledge” as used herein: (a) shall refer only to the current actual knowledge (as opposed to constructive, deemed or imputed knowledge) of any officer, director, manager, member, or employee of Seller; (b) shall not be construed to refer to the knowledge of any other employee, officer, director, shareholder or agent of Seller or any parent, subsidiary or affiliate of Seller; (c) shall not impose any duty to investigate the matter to which the knowledge, or the absence thereof, pertains; and (d) shall not impose any personal liability upon any individual for the inaccuracy of such representation or warranty.
PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES (OTHER THAN THE LIMITED WARRANTY OF TITLE AS SET OUT IN THE DEED), PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER REGARDING THE PROPERTY, EITHER EXPRESS OR IMPLIED. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT IT IS BEING PROVIDED IN THIS AGREEMENT AN ADEQUATE OPPORTUNITY TO FULLY INSPECT THE PROPERTY, AND TO BECOME FULLY FAMILIAR WITH THE PHYSICAL CONDITION (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL CONDITION) THEREOF. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT EXCEPT FOR THE FOREGOING REPRESENTATIONS AND WARRANTIES OR AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN “AS-IS”, “WHERE IS” CONDITION AND BASIS WITH ALL FAULTS (PATENT AND LATENT).
8. Intentionally Deleted.
9. Conditions to Closing.
{00784925.DOCX / 4 }7 a. Purchaser’s Conditions. Purchaser’s obligation to close the sale and purchase of the Property is subject to the waiver or satisfaction of the following conditions precedent. i. No Termination. Purchaser shall not have exercised its right to terminate this Agreement as provided hereunder.
ii. Compliance by Seller. All of Seller’s representations and warranties in Section 7 shall be true and correct and Seller shall have complied with each and every other covenant, term and condition of this Agreement (including, without limitation, Section 8) and delivered at or before Closing of all documents as required under this Agreement.
iii. Intentionally Deleted.
b. Seller’s Conditions. Seller’s obligation to close the sale and purchase of the Property is subject to the following conditions precedent:
i. Compliance by Purchaser. All of Seller’s obligations under this Agreement are subject to the compliance by Purchaser with the terms and conditions of this Agreement, and delivery by Purchaser at Closing of all funds and documents as required under this Agreement.
c. Failure or Waiver of Conditions. Any condition of this Section 9 may be waived by a writing so stating such intention that is executed by the respective party. If not so waived, the respective party shall have the right to terminate this Agreement and the Earnest Money and any Additional Earnest Money shall be disbursed in accordance with Section 4.
10. Brokers. Seller and Purchaser each represent and warrant one to the other that neither has employed, retained, or consulted any real estate broker, agent or other finder in carrying on the negotiations relative to this Agreement, except Mike Kboudi and Joey Dybevik of Cushman & Wakefield, who represent Purchaser (“Purchaser’s Broker” or “Broker”). In the event of Closing, and only in such event, Purchaser shall pay a commission to Broker in the amount of three percent (3%) of the Purchase Price. To the extent permitted by law and subject to Section 30, Seller shall indemnify and hold Purchaser harmless from and against any claims of any broker or finder (other than the Brokers) who asserts that such broker or finder has dealt with Seller and, therefore, is due a commission as the procuring cause of this transaction. Purchaser shall indemnify and hold Seller harmless from and against any claims of any broker or finder (other than the Brokers) who asserts that such broker or finder has dealt with Purchaser and, therefore, is due a commission as the procuring cause of this transaction. The provisions of this Section 10 shall survive the Closing, or, if the Closing does not occur, the termination of this Agreement.
11. Closing.
a. Closing Date and Location. Unless otherwise agreed upon, in writing, between Seller and Purchaser, subject to satisfaction of the conditions of Section 9 above
{00784925.DOCX / 4 }8 and a day-for-day extension of the Closing Date, the closing of the transactions contemplated hereby (the “Closing”) shall be held on or before the day which is fifteen (15) days following the later of (i) expiration of the Inspection Period and (ii) receipt of Approvals for the Project by Purchaser, or such earlier date as the parties may agree upon in writing, but in no event shall Closing be later than one year after the Effective Date (the “Closing Date”). Closing shall occur through escrow whereby Seller and Purchaser and their counsel need not be physically present but shall deliver executed original documents by overnight courier or similar means and deliver funds by wire transfer to the Title Company who will deliver and record documents and distribute funds pursuant to closing instructions. In the event Purchaser fails to deliver notice of Closing to Seller containing the day, time and place for Closing, the same shall occur at the offices of Title Company on the last scheduled day for the Closing to occur at 10:00 a.m. (Mountain). If the last day falls on a Saturday or Sunday, the last day shall be deemed to be the next business day. The Closing may occur by mail or overnight delivery.
b. Seller Deliveries at Closing. The purchase and sale of the Property contemplated by this Agreement shall be closed by Seller’s delivery of a properly-executed special warranty deed conveying Good and Marketable Fee Simple Title to the Property to Purchaser (the “Deed”), subject only to the Permitted Exceptions, and the payment by Purchaser of the Purchase Price for the Property in the manner provided in Section 3. Seller shall also execute and deliver to Purchaser:
i. Intentionally Deleted.
ii. A closing statement, itemizing all credits and debits between Seller and Purchaser;
iii. An affidavit of title with respect to the Property and such other agreements as may be necessary to cause Title Company to mark the Title Commitment and issue the Title Policy with an effective date on the date of recording of the Deed;
iv. A certificate with respect to Section 1445 of the Internal Revenue Code of 1986, as amended, stating, among other things, that Seller is not a foreign corporation or non-resident alien, as defined in the Code and regulations issued pursuant thereto;
v. Physical possession of all the Property, subject only to the Permitted Exceptions;
vi. Such evidence as the Title Company shall reasonably require as to the authority of the parties acting on behalf of Seller to enter into this Agreement and to discharge the obligations of Seller pursuant hereto; and
{00784925.DOCX / 4 }9 vii. Such other instruments, documents, certificates, affidavits or agreements reasonably requested by Purchaser’s counsel or Title Company.
c. Purchaser Deliveries at Closing. Purchaser shall execute and deliver to Seller:
i. A closing statement, itemizing all credits and debits between Seller and Purchaser;
ii. Such evidence as the Title Company shall reasonably require as to the authority of the parties acting on behalf of Purchaser to enter into this Agreement and to discharge the obligations of Purchaser pursuant hereto; and
iii. Such other instruments, documents, certificates, affidavits or agreements reasonably requested by Seller’s counsel or Title Company.
d. Closing Costs. At the Closing, Seller and Purchaser shall respectively pay the following costs and expenses:
i. In addition to the costs incurred by Seller in the fulfillment of its obligations hereunder, Seller shall pay (i) any fees and expenses of Seller’s attorneys, (ii) the cost of the premium of the Title Policy, (iii) any other costs and expenses actually incurred by Seller, including recording costs (but not the documentary fee, if any) due in connection with recordation of the Deed, and (iv) one-half of the closing fees charged by the Title Company.
ii. Purchaser shall pay (i) the fees and expenses of Purchaser’s attorneys, (ii) any cost of obtaining a lender’s policy of title insurance on behalf of Purchaser’s lender, if any, and any costs of excess coverage or endorsements with respect to the Title Policy obtained by Purchaser, (iii) any other closing costs and expenses actually incurred by Purchaser and not paid by the Seller as set forth in Section 11.d.i., and (iv) the commission due to the Purchaser’s Broker, and (v) one- half of the closing fees charged by the Title Company.
e. Prorations. All taxes, insurance and all other Property expenses, if any, shall be prorated between Purchaser and Seller as of the Closing Date, with the proration being final and not subject to any post-closing adjustment.
12. Risk of Loss. Risk of loss to the Property or any part thereof shall remain with Seller until the Closing Date.
13. Condemnation. In the event, at any time between the Effective Date and Closing, all or any portion of the Property is condemned by any legally-constituted authority for any public use or purpose (or conveyed in lieu thereof), then Seller shall promptly deliver written notice thereof to Purchaser. Within ten (10) days of receipt of such notice, Purchaser shall have the right to terminate this Agreement, in which event the Earnest Money (but not any Additional Earnest
{00784925.DOCX / 4 }10 Money) paid by Purchaser shall be immediately refunded by Seller to Purchaser. If Purchaser does not so elect to terminate this Agreement after receiving notice of such condemnation (or conveyance in lieu thereof), Purchaser shall be entitled to a credit at Closing for the amount of the condemnation proceeds awarded to the Seller for the diminution in the value of the Property but such credit will not exceed the Purchase Price.
14. Default.
a. Seller’s Default. If the sale and purchase of the Property contemplated by this Agreement is not consummated on account of Seller’s default or breach of any material term or condition herein contained, Purchaser may either (i) terminate this Agreement by written notice delivered to Seller, obtain a refund of the Earnest Money (but not any Additional Earnest Money), and be reimbursed by Seller for all direct costs reasonably incurred by Purchaser in the negotiation of this Agreement, inspection of the Property, including without limitation obtaining any necessary entitlements, and the satisfaction of conditions to Closing; or (ii) Purchaser shall have the right to file an action against Seller for specific performance of its obligations under this Agreement and/or damages and to recover reasonable attorneys’ fees and expenses, and court costs as may be awardable in addition to any performance the court requires Seller to perform or damages the court requires the Seller to pay.
As a condition precedent to the effective exercise of Purchaser’s rights under this Agreement pursuant to the provisions of this Section 14(a), Purchaser shall give Seller notice in writing, in accordance with the notice provisions of this Agreement, which notice shall state, with particularity, the alleged breach or default or non-performance of Seller and the action required by Seller to cure such breach. Seller shall have a period of ten (10) days after receipt of such notice to cure the alleged default, breach, or non-performance to Purchaser’s reasonable satisfaction, and to thereby cure the default and prevent termination of this Agreement or other action by Purchaser; provided, however, such cure period shall not extend the Closing Date beyond the final date of Purchaser’s 1031 exchange, if any.
b. Purchaser’s Default. IF THE SALE AND PURCHASE OF THE PROPERTY CONTEMPLATED BY THIS AGREEMENT IS NOT CONSUMMATED BECAUSE OF PURCHASER’S DEFAULT, THE EARNEST MONEY AND ANY ADDITIONAL EARNEST MONEY SHALL BE DISBURSED TO SELLER, AS SELLER’S SOLE REMEDY AND AS FULL LIQUIDATED DAMAGES. THE PARTIES ACKNOWLEDGE AND AGREE THAT IT IS DIFFICULT TO ESTIMATE MORE PRECISELY THE DAMAGES WHICH MIGHT BE SUFFERED BY SELLER UPON PURCHASER’S DEFAULT. SELLER HEREBY WAIVES AND RELEASES ANY RIGHT TO (AND HEREBY COVENANTS THAT IT SHALL NOT) SUE PURCHASER FOR SPECIFIC PERFORMANCE UNDER THIS AGREEMENT OR TO PROVE THAT SELLER’S ACTUAL DAMAGES EXCEED THE AMOUNT OF SAID SUMS.
As a condition precedent to the effective exercise of Seller’s rights under this Agreement, pursuant to the provisions of this Section 14(b), Seller shall give Purchaser notice in
{00784925.DOCX / 4 }11 writing, in accordance with the notice provisions of this Agreement, which notice shall state, with particularity, the alleged breach or default or non-performance of Purchaser and the action required by Purchaser to cure such breach. Purchaser shall have a period of five (5) days after receipt of such notice to cure the alleged default, breach, or non-performance to Seller’s reasonable satisfaction, and to thereby cure the default and prevent termination of this Agreement or other action by Seller.
15. Assignment of Agreement. Purchaser may assign its rights and duties under this Agreement, provided that notice of such assignment is promptly delivered to Seller and any assignee of Purchaser’s rights and duties becomes bound to perform the terms and conditions hereof. Upon the delivery of any such notice of assignment to Seller, Purchaser shall be relieved of any and all obligations hereunder, and the Seller will look only to the assignee for fulfillment of Purchaser’s obligations hereunder. Seller shall not assign this Agreement or any interest created hereby without the express written consent of Purchaser.
16. Time of the Essence. Time is of the essence hereof.
17. Notices. Any notices, requests, or other communications required or permitted to be given hereunder shall be in writing and shall be delivered (i) by United States registered or certified mail, return receipt requested, postage prepaid, (ii) by delivery via a nationally-recognized overnight courier service that obtains receipts or a recognized same-day courier service that obtains receipts, or (iii) by delivery via email transmission. Each notice shall be addressed to each party at its address set forth below, or such other addresses (and email addresses) as may be changed by the parties by written notice as herein provided.
Seller:
Vince Turner, Assistant Chief South Metro Fire Rescue Fire Protection District 9195 E. Mineral Avenue Centennial, CO 80112 Email: [email protected]
In the event of notice to Seller, an additional copy, which shall not constitute official notice, shall be forwarded to:
Bob Cole, Esq. Collins, Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228-1556 [email protected]
Purchaser:
[Insert]
{00784925.DOCX / 4 }12 In the event of notice to Purchaser, an additional copy, which shall not constitute official notice, shall be forwarded to:
Jim Bickford Armitage Bickford Creer, LLC 10800 E. Bethany Drive, Suite 500 Aurora, Colorado 80014 Email: [email protected]
Any such notice, request or other communication shall be considered given or delivered, as the case may be, on the date of same-day courier or electronic delivery, provided such is made on or before 5:00 pm local time of the recipient; on the first (1st) business day following the date of timely deposit with a nationally-recognized overnight courier service; or on the third (3rd) day after the date of deposit in the United States certified or registered mail.
18. Entire Agreement; Modification. This Agreement supersedes all prior discussions and agreements between Seller and Purchaser with respect to the Property and contains the sole and entire understanding between Seller and Purchaser with respect to the Property. This Agreement shall not be modified or amended in any respect except by a written instrument executed by or on behalf of each of the parties to this Agreement. All exhibits and schedules referenced herein and attached hereto shall be deemed incorporated as part of this Agreement.
19. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns (if permitted pursuant to the terms hereof).
20. Governing Law. This Agreement shall be construed in accordance with the laws of the state in which the Property is located.
21. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which together shall constitute one and the same instrument and agreement. Delivery of any executed counterpart of a signature page to this Agreement by facsimile, email, or other electronic means will be as effective as delivery of a complete, executed original counterpart of this Agreement.
22. Waiver. Any condition, right, election, or option of termination, cancellation, or rescission granted by this Agreement to Purchaser or Seller may be waived in writing by such party. Except as herein expressly provided, no waiver by a party of any breach of this Agreement or of any warranty or representation hereunder by the other party shall be deemed to be a waiver of any other breach by the other party, and no acceptance of payment or performance by a party after any breach by the other party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other party, whether or not the first party knows of such breach at the time it accepts such payment or performance. No failure or delay by a party to exercise any right it may have by reason of the default of the other party shall operate as a waiver of default or modification of this Agreement or shall prevent the exercise of any right by the first party while the other party continues to be so in default.
{00784925.DOCX / 4 }13 23. Date of Performance. If the time period by which or date on which any right, option or election provided under this Agreement must be exercised, or by which any act required hereunder must be performed, or by which the Closing must be held, expires on a Saturday, Sunday or legal holiday, then such time period shall be automatically extended through the close of business on the next regularly-scheduled business day in the state in which the Property is located.
24. Effective Date. The “Effective Date” of this Agreement is the first day, if any, on which both parties have executed an identical counterpart of this Agreement.
25. Costs of Legal Action. In the event that either party takes legal action against the other in order to enforce the terms of this Agreement, the prevailing party in such action shall have the right to recover from the nonprevailing party the costs and expenses incurred by the prevailing party in such action, including reasonable attorney fees incurred in the action, in any action on appeal or in the enforcement of any judgment or settlement.
26. Tax-Deferred Exchange of Property. Seller and Purchaser acknowledge that either party may be desirous of effecting an exchange pursuant to Section 1031 of the United States Internal Revenue Code (the “1031 Exchange”). Purchaser and Seller agree to cooperate in good faith so as to allow either party to effect such 1031 Exchange. Such 1031 Exchange shall not delay the closing and consummation of the transaction contemplated herein, nor shall result in the non- electing party incurring any additional liability or any additional costs or expenses (all such costs and expenses to be paid or reimbursed at Closing by party electing to effect the 1031 Exchange). It is further expressly agreed and provided that such 1031 Exchange shall not hinder, delay or impede either party’s rights under this Agreement.
27. Survival. The representations, warranties and covenants set forth in this Agreement shall survive the Closing for the period or periods expressly set forth in this Agreement, or if no such period is set forth for any particular survival, for a period of three (3) years, and shall not be merged into the execution and delivery of the Deed to Purchaser.
28. Further Assurances. The parties shall execute and deliver all such further instruments and documents and take all such other actions as may reasonably be required to carry out the transactions contemplated hereby and to evidence the fulfillment of the agreements herein contained.
29. Arbitration. All disputes, controversies, claims or differences which may arise between the parties hereto out of or in relation to or in connection with this Agreement or the breach thereof may, upon mutual agreement of the Parties in writing, be finally settled by arbitration conducted in accordance with the Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association, then in effect. Whenever any dispute, controversy, claim or difference which may be submitted to arbitration under this Section arises between the parties hereto, either party hereby may give to the other party hereto notice, in accordance with Section 17 hereof, of its intention to submit such dispute, controversy, claim or difference to arbitration. Such arbitration shall take place in metropolitan Denver, Colorado, United States of America, before a single arbitrator agreed upon by the parties to the arbitration. In the event the parties to the
{00784925.DOCX / 4 }14 arbitration cannot agree upon an arbitrator within twenty (20) days after the delivery of notice as provided herein, of either party’s notice to arbitrate, such arbitration shall take place in Denver, Colorado, United States of America, before a single arbitrator appointed by the American Arbitration Association in accordance with the Rules. The parties hereto agree that the party instituting the arbitration will initially pay the deposit necessary to commence the arbitration, the expenses or costs of the arbitration, and the parties’ attorneys’ fees may be assessed against the party which does not prevail in the arbitration, as so fixed by the arbitrator. The determinations of such arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall set forth the grounds for his decision in the award. The arbitrator shall apply the law of the state in which the Property is located, as to both substantive and procedural questions.
30. Annual Appropriation. The Seller’s obligation to pay any amounts due hereunder are subject to the appropriation of funds necessary for the payment thereof, which appropriations shall be made in the sole discretion of the Seller’s Board of Directors.
[Signature Page Follows]
{00784925.DOCX / 4 }15 IN WITNESS WHEREOF, the parties hereto have executed this Purchase and Sale Agreement on the dates specified above their signatures.
Dated: Dated:
SELLER: PURCHASER:
South Metro Fire Rescue Fire Protection Red Oak Development LLC, District, a quasi-municipal corporation and a Colorado limited liability company political subdivision of the State of Colorado
By: By: Name: Jordan Connett Name: Jim Albee Title: Manager Title: Board President
{00784925.DOCX / 4 } EXHIBIT A
(Legal Description of Property)
Lot 1 Block 1 South Lima Street Business Center 1st Filing County of Arapahoe State of Colorado
{00784925.DOCX / 4 } SOUTH METRO FIRE RESCUE BOARD AGENDA
MEETING DATE: 12/7/2020
AGENDA ITEM TYPE: ACTION ITEM
SUBJECT: Contract to Buy Estancia Property
BACKGROUND: A Contract to Buy the District held property 6730 S. Espana Wy. has been received. The offered sales price falls withing the range of value the Board approved in executive session at its September 14, 2020 meeting. Since merging with the Cunningham Fire Protection District this fire station site is no longer necessary.
RECOMMENDATION: Approval of Contract to Buy 6730 S. Espana Wy.
SUBMITTED BY: Assistant Chief Vince Turner APPROVED BY: Chief Bob Baker 1 2 Liberty Associates 3 George S. Fleischmann 4 5 Ph: 303-779-7979 Fax: 303-773-1664 6 7 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate 8 Commission.(CBS4-5-19) (Mandatory 7-19) 9 10 11 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL 12 AND TAX OR OTHER COUNSEL BEFORE SIGNING. 13 14 CONTRACT TO BUY AND SELL REAL ESTATE 15 16 (LAND) 17 ( Property with No Residences) 18 ( Property with Residences-Residential Addendum Attached) 19 20 21 Date: 11/14/2020 22 23 24 AGREEMENT 25 26 27 28 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell the Property described below on the 29 terms and conditions set forth in this contract (Contract). 30 31 32 2. PARTIES AND PROPERTY. 33 2.1. Buyer. Buyer, Jason Gill and Alan Belliston (Buyer) will take title to the Property described 34 35 below as 36 Joint Tenants Tenants In Common Other n/a. 37 2.2. No Assignability. This Contract IS NOT assignable by Buyer unless otherwise specified in 38 39 Additional Provisions. 40 2.3. Seller. South Metro Fire Rescue Fire Protection District (Seller) is the current owner of 41 the Property described below. 42 43 2.4. Property. The Property is the following legally described real estate in the County of 44 Arapahoe, Colorado: 45 LOT 4 BLK 1 ESTANCIA SUB 2ND FLG EX MR`S 46 47 known as No. 6730 S ESPANA WAY, CENTENNIAL, CO 80016, 48 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant 49 thereto and all interest of Seller in vacated streets and alleys adjacent thereto except as herein excluded 50 51 (Property). 52 53 2.5. Inclusions. The Purchase Price includes the following items (Inclusions): 54 55 2.5.1. Inclusions. The following items, whether fixtures or personal property, are included in the 56 Purchase Price unless excluded under Exclusions: 57 NONE If any additional items are attached to the Property after the date of this Contract, such additional items 58 59 are also included in the Purchase Price. 60 2.5.2. Personal Property –- Conveyance. Any personal property must be conveyed at Closing 61 by Seller free and clear of all taxes (except personal property taxes for the year of Closing), liens and 62 encumbrances, except NONE. 63 64 Conveyance of all personal property will be by bill of sale or other applicable legal instrument. 65 2.6. Exclusions. The following items are excluded (Exclusions): NONE 66 67 68 2.7. Water Rights, Well Rights, Water and Sewer Taps. 69 2.7.1. Deeded Water Rights. The following legally described water rights: 70 CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 1 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. 71 NONE 72 Any deeded water rights will be conveyed by a good and sufficient deed at Closing. 73 n/a 74 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in 75 §§ 2.7.1, 2.7.3, 2.7.4 and 2.7.5, will be transferred to Buyer at Closing: NONE 76 77 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. 78 Buyer understands that if the well to be transferred is a “Small Capacity Well” or a “Domestic Exempt Water 79 Well” used for ordinary household purposes, Buyer must, prior to or at Closing, complete a Change in 80 Ownership form for the well. If an existing well has not been registered with the Colorado Division of Water 81 82 Resources in the Department of Natural Resources (Division), Buyer must complete a registration of existing 83 well form for the well and pay the cost of registration. If no person will be providing a closing service in 84 connection with the transaction, Buyer must file the form with the Division within sixty days after Closing. The 85 86 Well Permit # is NONE.. 87 2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing 88 are as follows: 89 NONE 90 2.7.5. Water and Sewer Taps. The parties agree that water and sewer taps listed below for 91 the Property are being conveyed as part of the Purchase Price as follows: NONE 92 93 If any water or sewer taps are included in the sale, Buyer is advised to obtain, from the provider, 94 written confirmation of the amount remaining to be paid, if any, time and other restrictions for transfer 95 and use of the taps. 96 2.7.6. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2 (Other 97 98 Rights Relating to Water), § 2.7.3 (Well Rights), § 2.7.4 (Water Stock Certificates), or § 2.7.5 (Water and Sewer 99 Taps), Seller agrees to convey such rights to Buyer by executing the applicable legal instrument at Closing. 100 2.8. Growing Crops. With respect to growing crops, Seller and Buyer agree as follows: 101 102 NONE 103 104 3. DATES, DEADLINES AND APPLICABILITY. 105 106 3.1. Dates and Deadlines. 107 108 Item No. Reference Event Date or Deadline 109 110 3 DAYS AFTER 111 1 4.3 Alternative Earnest Money Deadline CONTRACT 112 113 EXECUTION 114 Title 115 116 2 8.1, 8.4 Record Title Deadline 12/21/2020 Monday 117 3 8.2, 8.4 Record Title Objection Deadline 12/22/2020 Tuesday 118 119 4 8.3 Off-Record Title Deadline 12/23/2020 Wednesday 120 5 8.3 Off-Record Title Objection Deadline 12/23/2020 Wednesday 121 Wednesday 122 6 8.5 Title Resolution Deadline 12/23/2020 123 7 8.6 Right of First Refusal Deadline N/A 124 125 Owners’ Association 126 8 7.2 Association Documents Deadline 12/28/2020 Monday 127 Tuesday 128 9 7.4 Association Documents Termination Deadline 12/29/2020 129 Seller's Disclosures 130 131 10 10.1 Seller's Property Disclosure Deadline N/A 132 Lead-Based Paint Disclosure Deadline (if 11 10.10 N/A 133 Residential Addendum attached) 134 135 Loan and Credit 136 12 5.1 New Loan Application Deadline N/A 137 138 13 5.2 New Loan Termination Deadline N/A 139 14 5.3 Buyer's Credit Information Deadline N/A 140 CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 2 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. 141 Disapproval of Buyer's Credit Information 15 5.3 N/A 142 Deadline 143 144 16 5.4 Existing Loan Deadline N/A 145 17 5.4 Existing Loan Termination Deadline N/A 146 147 18 5.4 Loan Transfer Approval Deadline N/A 148 19 4.7 Seller or Private Financing Deadline N/A 149 150 Appraisal 151 20 6.2 Appraisal Deadline N/A 152 153 21 6.2 Appraisal Objection Deadline N/A 154 22 6.2 Appraisal Resolution Deadline N/A 155 156 Survey 157 23 9.1 New ILC or New Survey Deadline N/A 158 159 24 9.3 New ILC or New Survey Objection Deadline N/A 160 25 9.3 New ILC or New Survey Resolution Deadline N/A 161 162 Inspection and Due Diligence 163 26 10.3 Inspection Objection Deadline N/A 164 165 27 10.3 Inspection Termination Deadline N/A 166 28 10.3 Inspection Resolution Deadline N/A 167 168 29 10.5 Property Insurance Termination Deadline n/a 169 30 10.6 Due Diligence Documents Delivery Deadline 12/21/2020 Monday 170 171 31 10.6 Due Diligence Documents Objection Deadline 12/22/2020 Tuesday 172 Due Diligence Documents Resolution 32 10.6 12/23/2020 Wednesday 173 Deadline 174 175 Environmental Inspection Termination 33 10.6 12/23/2020 Wednesday 176 Deadline 177 178 34 10.6 ADA Evaluation Termination Deadline 12/23/2020 Wednesday 179 35 10.7 Conditional Sale Deadline N/A 180 Lead-Based Paint Termination Deadline (if 181 36 10.10 N/A 182 Residential Addendum attached) 183 37 11.1,11.2 Estoppel Statements Deadline N/A 184 185 38 11.3 Estoppel Statements Termination Deadline N/A 186 Closing and Possession 187 188 39 12.3 Closing Date 12/30/2020 Wednesday 189 40 17 Possession Date 12/30/2020 Wednesday 190 IMMED. after close 191 41 17 Possession Time 192 and DOD 193 Tuesday 194 42 28 Acceptance Deadline Date 12/15/2020 195 43 28 Acceptance Deadline Time 3 P.M. 196 44 n/a n/a n/a 197 198 45 n/a n/a n/a 199 200 201 3.2. Applicability of Terms. Any box checked in this Contract means the corresponding provision 202 applies. If any deadline blank in § 3.1 (Dates and Deadlines) is left blank or completed with the abbreviation 203 “N/A”, or the word “Deleted,” such deadline is not applicable and the corresponding provision containing the 204 deadline is deleted. If no box is checked in a provision that contains a selection of “None”, such provision 205 206 means that “None” applies. 207 208 The abbreviation “MEC” (mutual execution of this Contract) means the date upon which both parties have 209 210 signed this Contract. CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 3 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. 211 212 4. PURCHASE PRICE AND TERMS. 213 214 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as 215 follows: 216 217 218 Item No. Reference Item Amount Amount 219 1 4.1 Purchase Price $155,000.00 220 221 2 4.3 Earnest Money $5,000.00 222 3 4.5 New Loan 223 224 4 4.6 Assumption Balance 225 5 4.7 Private Financing 226 227 6 4.7 Seller Financing 228 n/a n/a 229 7 230 8 n/a n/a 231 $150,000.00 232 9 4.4 Cash at Closing 233 10 TOTAL $155,000.00 $155,000.00 234 235 236 4.2. Seller Concession. At Closing, Seller will credit to Buyer $ N/A (Seller Concession). The 237 Seller Concession may be used for any Buyer fee, cost, charge or expenditure to the extent the amount is 238 allowed by the Buyer’s lender and is included in the Closing Statement or Closing Disclosure at Closing. 239 240 Examples of allowable items to be paid for by the Seller Concession include, but are not limited to: Buyer’s 241 closing costs, loan discount points, loan origination fees, prepaid items and any other fee, cost, charge, 242 expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer 243 244 elsewhere in this Contract. 245 4.3. Earnest Money. The Earnest Money set forth in this section, in the form of a PERSONAL 246 CHECK, will be payable to and held by FIRST INTEGRITY TITLE (Earnest Money Holder), in its trust 247 248 account, on behalf of both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this 249 Contract unless the parties mutually agree to an Alternative Earnest Money Deadline for its payment. The 250 parties authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing 251 252 Company), if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest on 253 Earnest Money deposits transferred to a fund established for the purpose of providing affordable housing to 254 Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money 255 256 deposited with the Earnest Money Holder in this transaction will be transferred to such fund. 257 4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest 258 Money, if other than at the time of tender of this Contract, is as set forth as the Alternative Earnest Money 259 Deadline. 260 261 4.3.2. Return of Earnest Money. If Buyer has a Right to Terminate and timely 262 terminates, Buyer is entitled to the return of Earnest Money as provided in this Contract. If this Contract is 263 terminated as set forth in § 25 and, except as provided in § 24 (Earnest Money Dispute), if the Earnest Money 264 265 has not already been returned following receipt of a Notice to Terminate, Seller agrees to execute and return to 266 Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release form), within 267 three days of Seller’s receipt of such form. 268 269 4.4. Form of Funds; Time of Payment; Available Funds. 270 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan 271 proceeds, Cash at Closing and closing costs, must be in funds that comply with all applicable Colorado laws, 272 including electronic transfer funds, certified check, savings and loan teller’s check and cashier’s check (Good 273 274 Funds). 275 4.4.2. Time of Payment; Available Funds. All funds, including the Purchase Price to be 276 paid by Buyer, must be paid before or at Closing or as otherwise agreed in writing between the parties to allow 277 278 disbursement by Closing Company at Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. Buyer 279 represents that Buyer, as of the date of this Contract, Does Does Not have funds that are immediately 280 CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 4 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. 281 verifiable and available in an amount not less than the amount stated as Cash at Closing in 4.1. 282 4.5. New Loan. (Omitted as inapplicable) 283 284 285 4.6. Assumption. (Omitted as inapplicable) 286 287 288 4.7. Seller or Private Financing. (Omitted as inapplicable) 289 290 TRANSACTION PROVISIONS 291 292 293 294 5. FINANCING CONDITIONS AND OBLIGATIONS. (Omitted as inapplicable) 295 296 5.3. Credit Information and Buyer’s New Senior Loan. (Omitted as inapplicable) 297 298 299 5.4. Existing Loan Review. (Omitted as inapplicable) 300 301 6. APPRAISAL PROVISIONS. 302 303 6.1. Appraisal Definition. An “Appraisal” is an opinion of value prepared by a licensed or certified 304 appraiser, engaged on behalf of Buyer or Buyer’s lender, to determine the Property’s market value (Appraised 305 Value). The Appraisal may also set forth certain lender requirements, replacements, removals or repairs 306 307 necessary on or to the Property as a condition for the Property to be valued at the Appraised Value. 308 6.2. Appraisal Condition. The applicable appraisal provision set forth below applies to the respective 309 loan type set forth in § 4.5.3, or if a cash transaction (i.e. no financing), § 6.2.1 applies. 310 311 6.2.1. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value 312 is less than the Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline 313 Buyer may, on or before Appraisal Objection Deadline, notwithstanding § 8.3 or § 13: 314 6.2.1.1. Notice to Terminate. Notify Seller in writing, pursuant to § 25.1, that this 315 316 Contract is terminated; or 317 6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by 318 either a copy of the Appraisal or written notice from lender that confirms the Appraised Value is less than the 319 320 Purchase Price (Lender Verification). 321 6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or 322 before Appraisal Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement 323 324 thereof on or before Appraisal Resolution Deadline, this Contract will terminate on the Appraisal Resolution 325 Deadline, unless Seller receives Buyer’s written withdrawal of the Appraisal Objection before such termination, 326 i.e., on or before expiration of Appraisal Resolution Deadline. 327 6.3. Lender Property Requirements. If the lender imposes any written requirements, replacements, 328 329 removals or repairs, including any specified in the Appraisal (Lender Requirements) to be made to the Property 330 (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, this Contract 331 terminates on the earlier of three days following Seller’s receipt of the Lender Requirements, or Closing, unless 332 333 prior to termination: (1) the parties enter into a written agreement to satisfy the Lender Requirements; (2) the 334 Lender Requirements have been completed; or (3) the satisfaction of the Lender Requirements is waived in 335 writing by Buyer. 336 337 6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be 338 timely paid by Buyer Seller. The cost of the Appraisal may include any and all fees paid to the appraiser, 339 appraisal management company, lender’s agent or all three. 340 341 342 7. OWNERS’ ASSOCIATION. This Section is applicable if the Property is located within a Common 343 Interest Community and subject to the declaration (Association). 344 7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A 345 346 COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY. 347 THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS’ 348 ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND 349 350 REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 5 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. 351 WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN 352 OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE 353 354 ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL 355 IT TO PAY THE DEBT. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS OF THE 356 COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN 357 358 ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND 359 THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON 360 INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE 361 ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY 362 363 AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 364 7.2. Association Documents to Buyer. Seller is obligated to provide to Buyer the Association 365 Documents (defined below), at Seller’s expense, on or before Association Documents Deadline. Seller 366 367 authorizes the Association to provide the Association Documents to Buyer, at Seller’s expense. Seller’s 368 obligation to provide the Association Documents is fulfilled upon Buyer’s receipt of the Association Documents, 369 regardless of who provides such documents. 370 371 7.3. Association Documents. Association documents (Association Documents) consist of the 372 following: 373 7.3.1. All Association declarations, articles of incorporation, bylaws, articles of 374 organization, operating agreements, rules and regulations, party wall agreements and the Association’s 375 376 responsible governance policies adopted under § 38-33.3-209.5, C.R.S.; 377 7.3.2. Minutes of: (1) the annual owners’ or members’ meeting and (2) any executive 378 boards’ or managers’ meetings; such minutes include those provided under the most current annual disclosure 379 380 required under § 38-33.3-209.4, C.R.S. (Annual Disclosure) and minutes of meetings, if any, subsequent to the 381 minutes disclosed in the Annual Disclosure. If none of the preceding minutes exist, then the most recent 382 minutes, if any (§§ 7.3.1 and 7.3.2, collectively, Governing Documents); and 383 384 7.3.3. List of all Association insurance policies as provided in the Association’s last Annual 385 Disclosure, including, but not limited to, property, general liability, association director and officer professional 386 liability and fidelity policies. The list must include the company names, policy limits, policy deductibles, 387 additional named insureds and expiration dates of the policies listed (Association Insurance Documents); 388 389 7.3.4. A list by unit type of the Association’s assessments, including both regular and 390 special assessments as disclosed in the Association’s last Annual Disclosure; 391 7.3.5. The Association’s most recent financial documents which consist of: (1) the 392 393 Association’s operating budget for the current fiscal year, (2) the Association’s most recent annual financial 394 statements, including any amounts held in reserve for the fiscal year immediately preceding the Association’s 395 last Annual Disclosure, (3) the results of the Association’s most recent available financial audit or review, (4) list 396 397 of the fees and charges (regardless of name of title of such fees or charges) that the Association’s community 398 association manager or Association will charge in connection with the Closing including, but not limited to, any 399 fee incident to the issuance of the Association’s statement of assessments (Status Letter), any rush or update 400 fee charged for the Status Letter, any record change fee or ownership record transfer fees (Record Change 401 402 Fee), fees to access documents, (5) list of all assessments required to be paid in advance, reserves or working 403 capital due at Closing and (6) reserve study, if any (§§ 7.3.4 and 7.3.5, collectively, Financial Documents); 404 7.3.6. Any written notice from the Association to Seller of a “construction defect action” 405 406 under § 38-33.3-303.5, C.R.S. within the past six months and the result of whether the Association approved or 407 disapproved such action (Construction Defect Documents). Nothing in this Section limits the Seller’s obligation 408 to disclose adverse material facts as required under § 10.2 (Disclosure of Adverse Material Facts; Subsequent 409 410 Disclosure; Present Condition) including any problems or defects in the common elements or limited common 411 elements of the Association property. 412 7.4. Conditional on Buyer’s Review. Buyer has the right to review the Association Documents. 413 Buyer has the Right to Terminate under § 25.1, on or before Association Documents Termination Deadline, 414 415 based on any unsatisfactory provision in any of the Association Documents, in Buyer’s sole subjective 416 discretion. Should Buyer receive the Association Documents after Association Documents Deadline, Buyer, 417 at Buyer’s option, has the Right to Terminate under § 25.1 by Buyer’s Notice to Terminate received by Seller on 418 419 or before ten days after Buyer’s receipt of the Association Documents. If Buyer does not receive the 420 CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 6 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. 421 Association Documents, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller 422 after Closing Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does 423 424 not receive Buyer’s Notice to Terminate within such time, Buyer accepts the provisions of the Association 425 Documents as satisfactory and Buyer waives any Right to Terminate under this provision, notwithstanding the 426 provisions of § 8.6 (Right of First Refusal or Contract Approval). 427 428 429 8. TITLE INSURANCE, RECORD TITLE AND OFF-RECORD TITLE. 430 8.1. Evidence of Record Title. 431 8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the 432 433 title insurance company to furnish the owner’s title insurance policy at Seller’s expense. On or before Record 434 Title Deadline, Seller must furnish to Buyer, a current commitment for an owner’s title insurance policy (Title 435 Commitment), in an amount equal to the Purchase Price, or if this box is checked, an Abstract of Title 436 437 certified to a current date. Seller will cause the title insurance policy to be issued and delivered to Buyer as 438 soon as practicable at or after Closing. 439 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the 440 441 title insurance company to furnish the owner’s title insurance policy at Buyer’s expense. On or before Record 442 Title Deadline, Buyer must furnish to Seller, a current commitment for owner’s title insurance policy (Title 443 Commitment), in an amount equal to the Purchase Price. 444 If neither box in § 8.1.1 or § 8.1.2 is checked, § 8.1.1 applies. 445 446 8.1.3. Owner’s Extended Coverage (OEC). The Title Commitment Will Will Not 447 contain Owner’s Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete 448 or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, 449 450 (3) survey matters, (4) unrecorded mechanics’ liens, (5) gap period (period between the effective date and time 451 of commitment to the date and time the deed is recorded) and (6) unpaid taxes, assessments and unredeemed 452 tax sales prior to the year of Closing. Any additional premium expense to obtain OEC will be paid by Buyer 453 454 Seller One-Half by Buyer and One-Half by Seller Other n/a. 455 Regardless of whether the Contract requires OEC, the Title Insurance Commitment may not provide OEC or 456 delete or insure over any or all of the standard exceptions for OEC. The Title Insurance Company may require 457 458 a New Survey or New ILC, defined below, among other requirements for OEC. If the Title Insurance 459 Commitment is not satisfactory to Buyer, Buyer has a right to object under § 8.5 (Right to Object to Title, 460 Resolution). 461 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, 462 463 declarations, covenants, conditions and restrictions burdening the Property and (2) copies of any other 464 documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions) in 465 the Title Commitment furnished to Buyer (collectively, Title Documents). 466 467 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, 468 copies of all Title Documents. This requirement pertains only to documents as shown of record in the office of 469 the clerk and recorder in the county where the Property is located. The cost of furnishing copies of the 470 471 documents required in this Section will be at the expense of the party or parties obligated to pay for the 472 owner’s title insurance policy. 473 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title 474 covering all or any portion of the Property (Abstract of Title) in Seller’s possession on or before Record Title 475 476 Deadline. 477 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title 478 Commitment and any of the Title Documents as set forth in § 8.5 (Right to Object to Title, Resolution) on or 479 480 before Record Title Objection Deadline. Buyer’s objection may be based on any unsatisfactory form or 481 content of Title Commitment or Abstract of Title, notwithstanding § 13, or any other unsatisfactory title 482 condition, in Buyer’s sole subjective discretion. If the Abstract of Title, Title Commitment or Title Documents are 483 484 not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title 485 Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title 486 Commitment will be delivered to Buyer. Buyer has until the earlier of Closing or ten days after receipt of such 487 documents by Buyer to review and object to: (1) any required Title Document not timely received by Buyer, (2) 488 489 any change to the Abstract of Title, Title Commitment or Title Documents, or (3) any endorsement to the Title 490 CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 7 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. 491 Commitment. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection, pursuant to this § 8.2 492 (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.5 (Right to Object to 493 494 Title, Resolution). If Seller has fulfilled all Seller’s obligations, if any, to deliver to Buyer all documents required 495 by § 8.1 (Evidence of Record Title) and Seller does not receive Buyer’s Notice to Terminate or Notice of Title 496 Objection by the applicable deadline specified above, Buyer accepts the condition of title as disclosed by the 497 498 Abstract of Title, Title Commitment and Title Documents as satisfactory. 499 8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true 500 copies of all existing surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all 501 easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or 502 503 other title matters (including, without limitation, rights of first refusal and options) not shown by public records, 504 of which Seller has actual knowledge (Off-Record Matters). This Section excludes any New ILC or New 505 Survey governed under § 9 (New ILC, New Survey). Buyer has the right to inspect the Property to investigate 506 507 if any third party has any right in the Property not shown by public records (e.g., unrecorded easement, 508 boundary line discrepancy or water rights). Buyer’s Notice to Terminate or Notice of Title Objection of any 509 unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding § 8.2 510 511 (Record Title) and § 13 (Transfer of Title)), in Buyer’s sole subjective discretion, must be received by Seller on 512 or before Off-Record Title Objection Deadline. If an Off-Record Matter is received by Buyer after the 513 Off-Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer to review 514 and object to such Off-Record Matter. If Seller receives Buyer’s Notice to Terminate or Notice of Title Objection 515 516 pursuant to this § 8.3 (Off-Record Title), any title objection by Buyer is governed by the provisions set forth in § 517 8.5 (Right to Object to Title, Resolution). If Seller does not receive Buyer’s Notice to Terminate or Notice of Title 518 Objection by the applicable deadline specified above, Buyer accepts title subject to such Off-Record Matters 519 520 and rights, if any, of third parties not shown by public records of which Buyer has actual knowledge. 521 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL 522 OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES 523 524 ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS 525 MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF 526 SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO 527 DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS 528 529 SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY 530 CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE 531 PROPERTY AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY 532 533 COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. 534 A tax certificate from the respective county treasurer listing any special taxing districts that effect the 535 Property (Tax Certificate) must be delivered to Buyer on or before Record Title Deadline. If the Property is 536 537 located within a special taxing district and such inclusion is unsatisfactory to Buyer, in Buyer’s sole subjective 538 discretion, Buyer may object, on or before Record Title Objection Deadline. If the Tax Certificate shows that 539 the Property is included in a special taxing district and is received by Buyer after the Record Title Deadline, 540 Buyer has until the earlier of Closing or ten days after receipt by Buyer to review and object to the Property’s 541 542 inclusion in a special taxing district as unsatisfactory to Buyer. 543 8.5. Right to Object to Title, Resolution. Buyer’s right to object, in Buyer’s sole subjective 544 discretion, to any title matters includes those matters set forth in § 8.2 (Record Title), § 8.3 (Off-Record Title), § 545 546 8.4 (Special Taxing District) and § 13 (Transfer of Title). If Buyer objects to any title matter, on or before the 547 applicable deadline, Buyer has the following options: 548 8.5.1. Title Objection, Resolution. If Seller receives Buyer’s written notice objecting to any 549 550 title matter (Notice of Title Objection) on or before the applicable deadline and if Buyer and Seller have not 551 agreed to a written settlement thereof on or before Title Resolution Deadline, this Contract will terminate on 552 the expiration of Title Resolution Deadline, unless Seller receives Buyer’s written withdrawal of Buyer’s 553 Notice of Title Objection (i.e., Buyer’s written notice to waive objection to such items and waives the Right to 554 555 Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the Record Title 556 Deadline or the Off-Record Title Deadline, or both, are extended pursuant to § 8.2 (Record Title), § 8.3 557 (Off-Record Title) or § 8.4 (Special Taxing Districts), the Title Resolution Deadline also will be automatically 558 559 extended to the earlier of Closing or fifteen days after Buyer’s receipt of the applicable documents; or 560 CBS4-5-19. 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CTMeContracts.com - ©2020 CTM Software Corp. 561 8.5.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under 562 § 25.1, on or before the applicable deadline, based on any title matter unsatisfactory to Buyer, in Buyer’s sole 563 564 subjective discretion. 565 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property 566 or a right to approve this Contract, Seller must promptly submit this Contract according to the terms and 567 568 conditions of such right. If the holder of the right of first refusal exercises such right or the holder of a right to 569 approve disapproves this Contract, this Contract will terminate. If the right of first refusal is waived explicitly or 570 expires, or the Contract is approved, this Contract will remain in full force and effect. Seller must promptly 571 notify Buyer in writing of the foregoing. If expiration or waiver of the right of first refusal or approval of this 572 573 Contract has not occurred on or before Right of First Refusal Deadline, this Contract will then terminate. 574 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and 575 should be reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect the 576 577 title, ownership and use of the Property, including, without limitation, boundary lines and encroachments, 578 set-back requirements, area, zoning, building code violations, unrecorded easements and claims of 579 easements, leases and other unrecorded agreements, water on or under the Property, and various laws and 580 581 governmental regulations concerning land use, development and environmental matters. 582 8.7.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE 583 PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE AND 584 TRANSFER OF THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE 585 586 MINERAL ESTATE OR WATER RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, 587 OTHER MINERALS, GEOTHERMAL ENERGY OR WATER ON OR UNDER THE SURFACE OF THE 588 PROPERTY, WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE SURFACE OF THE 589 590 PROPERTY TO ACCESS THE MINERAL ESTATE, OIL, GAS OR WATER. 591 8.7.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE 592 PROPERTY TO ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE 593 594 AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE 595 COUNTY CLERK AND RECORDER. 596 8.7.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR 597 ADJACENT TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, 598 599 WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, 600 PRODUCING WELLS, REWORKING OF CURRENT WELLS, AND GAS GATHERING AND PROCESSING 601 FACILITIES. 602 603 8.7.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL 604 INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, 605 INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE 606 607 COLORADO OIL AND GAS CONSERVATION COMMISSION. 608 8.7.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be 609 excepted, excluded from, or not covered by the owner’s title insurance policy. 610 8.8. Consult an Attorney. Buyer is advised to timely consult legal counsel with respect to all such 611 612 matters as there are strict time limits provided in this Contract (e.g., Record Title Objection Deadline and 613 Off-Record Title Objection Deadline). 614 615 616 9. NEW ILC, NEW SURVEY. 617 9.1. New ILC or New Survey. If the box is checked, a: 1) New Improvement Location Certificate 618 (New ILC); or, 2) New Survey in the form of n/a; is required and the following will apply: 619 620 9.1.1. Ordering of New ILC or New Survey. Seller Buyer will order the New ILC or New 621 Survey. The New ILC or New Survey may also be a previous ILC or survey that is in the above-required form, 622 certified and updated as of a date after the date of this Contract. 623 624 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be 625 paid, on or before Closing, by: Seller Buyer or N/A 626 9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or 627 628 the provider of the opinion of title if an Abstract of Title) and George Fleischmann will receive a New ILC or 629 New Survey on or before New ILC or New Survey Deadline. 630 CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 9 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. 631 9.1.4. Certification of New ILC or New Survey. The New ILC or New Survey will be certified by 632 the surveyor to all those who are to receive the New ILC or New Survey. 633 634 9.2. Buyer’s Right to Waive or Change New ILC or New Survey Selection. Buyer may select a 635 New ILC or New Survey different than initially specified in this Contract if there is no additional cost to Seller or 636 change to the New ILC or New Survey Objection Deadline. Buyer may, in Buyer’s sole subjective discretion, 637 638 waive a New ILC or New Survey if done prior to Seller incurring any cost for the same. 639 9.3. New ILC or New Survey Objection. Buyer has the right to review and object to the New ILC or 640 New Survey. If the New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in 641 Buyer’s sole subjective discretion, Buyer may, on or before New ILC or New Survey Objection Deadline, 642 643 notwithstanding § 8.3 or § 13: 644 9.3.1. Notice to Terminate. Notify Seller in writing, pursuant to § 25.1, that this Contract is 645 terminated; or 646 647 9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that 648 was to be shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires 649 Seller to correct. 650 651 9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received 652 by Seller, on or before New ILC or New Survey Objection Deadline and if Buyer and Seller have not agreed 653 in writing to a settlement thereof on or before New ILC or New Survey Resolution Deadline, this Contract will 654 terminate on expiration of the New ILC or New Survey Resolution Deadline, unless Seller receives Buyer’s 655 656 written withdrawal of the New ILC or New Survey Objection before such termination, i.e., on or before 657 expiration of New ILC or New Survey Resolution Deadline. 658 659 660 DISCLOSURE, INSPECTION AND DUE DILIGENCE 661 662 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE, AND 663 664 SOURCE OF WATER. 665 10.1. Seller’s Property Disclosure. On or before Seller’s Property Disclosure Deadline , Seller 666 agrees to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission’s 667 668 Seller’s Property Disclosure form completed by Seller to Seller’s actual knowledge and current as of the date of 669 this Contract. 670 10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller 671 672 must disclose to Buyer any adverse material facts actually known by Seller as of the date of this Contract. 673 Seller agrees that disclosure of adverse material facts will be in writing. In the event Seller discovers an 674 adverse material fact after the date of this Contract, Seller must timely disclose such adverse fact to Buyer. 675 Buyer has the Right to Terminate based on the Seller’s new disclosure on the earlier of Closing or five days 676 677 after Buyer’s receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer acknowledges 678 that Seller is conveying the Property to Buyer in an “As Is” condition, “ Where Is” and “ With All Faults.” 679 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right 680 681 to have inspections (by one or more third parties, personally or both) of the Property and Inclusions 682 (Inspection), at Buyer’s expense. If (1) the physical condition of the Property, including, but not limited to, the 683 roof, walls, structural integrity of the Property, the electrical, plumbing, HVAC and other mechanical systems of 684 685 the Property, (2) the physical condition of the Inclusions, (3) service to the Property (including utilities and 686 communication services), systems and components of the Property (e.g., heating and plumbing), (4) any 687 proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or noise 688 (whether on or off the Property) and its effect or expected effect on the Property or its occupants is 689 690 unsatisfactory, in Buyer’s sole subjective discretion, Buyer may: 691 10.3.1. Inspection Objection. On or before the Inspection Objection Deadline, deliver to 692 Seller a written description of any unsatisfactory condition that Buyer requires Seller to correct; or 693 694 10.3.2. Terminate. On or before the Inspection Termination Deadline, notify Seller in writing, 695 pursuant to § 25.1, that this Contract is terminated due to any unsatisfactory condition. Inspection 696 Termination Deadline will be on the earlier of Inspection Resolution Deadline or the date specified in § 697 698 3.1 for Inspection Termination Deadline. 699 10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before 700 CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 10 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. 701 Inspection Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on 702 or before Inspection Resolution Deadline, this Contract will terminate on Inspection Resolution Deadline 703 704 unless Seller receives Buyer’s written withdrawal of the Inspection Objection before such termination, i.e., on or 705 before expiration of Inspection Resolution Deadline. 706 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other 707 708 written agreement between the parties, is responsible for payment for all inspections, tests, surveys, 709 engineering reports, or other reports performed at Buyer’s request (Work) and must pay for any damage that 710 occurs to the Property and Inclusions as a result of such Work. Buyer must not permit claims or liens of any 711 kind against the Property for Work performed on the Property. Buyer agrees to indemnify, protect and hold 712 713 Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any 714 such Work, claim, or lien. This indemnity includes Seller’s right to recover all costs and expenses incurred by 715 Seller to defend against any such liability, damage, cost or expense, or to enforce this Section, including 716 717 Seller’s reasonable attorney fees, legal fees and expenses. The provisions of this Section survive the 718 termination of this Contract. This § 10.4 does not apply to items performed pursuant to an Inspection 719 Resolution. 720 721 10.5. Insurability. Buyer has the right to review and object to the availability, terms and conditions of 722 and premium for property insurance (Property Insurance). Buyer has the Right to Terminate under § 25.1, on or 723 before Property Insurance Termination Deadline, based on any unsatisfactory provision of the Property 724 Insurance, in Buyer’s sole subjective discretion. 725 726 10.6. Due Diligence. 727 10.6.1. Due Diligence Documents. If the respective box is checked, Seller agrees to deliver 728 copies of the following documents and information pertaining to the Property (Due Diligence Documents) to 729 730 Buyer on or before Due Diligence Documents Delivery Deadline: 731 10.6.1.1. All contracts relating to the operation, maintenance and management of the 732 Property; 733 734 10.6.1.2. Property tax bills for the last n/ years; 735 10.6.1.3. As-built construction plans to the Property and the tenant improvements, 736 including architectural, electrical, mechanical, and structural systems, engineering reports, and permanent 737 738 Certificates of Occupancy, to the extent now available; 739 10.6.1.4. A list of all Inclusions to be conveyed to Buyer; 740 10.6.1.5. Operating statements for the past n/a years; 741 742 10.6.1.6. A rent roll accurate and correct to the date of this Contract; 743 10.6.1.7. All current leases, including any amendments or other occupancy 744 agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the 745 Property that survive Closing are as follows (Leases): 746 n/a 747 10.6.1.8. A schedule of any tenant improvement work Seller is obligated to complete 748 but has not yet been completed and capital improvement work either scheduled or in process on the date of 749 this Contract; 750 751 10.6.1.9. All insurance policies pertaining to the Property and copies of any claims 752 which have been made for the past n/a years; 753 10.6.1.10. Soils reports, surveys and engineering reports or data pertaining to the 754 755 Property (if not delivered earlier under § 8.3); 756 10.6.1.11. Any and all existing documentation and reports regarding Phase I and II 757 environmental reports, letters, test results, advisories and similar documents respective to the existence or 758 759 nonexistence of asbestos, PCB transformers, or other toxic, hazardous or contaminated substances, and/or 760 underground storage tanks and/or radon gas. If no reports are in Seller’s possession or known to Seller, Seller 761 warrants that no such reports are in Seller’s possession or known to Seller; 762 763 10.6.1.12. Any Americans with Disabilities Act reports, studies or surveys concerning 764 the compliance of the Property with said Act; 765 10.6.1.13. All permits, licenses and other building or use authorizations issued by any 766 governmental authority with jurisdiction over the Property and written notice of any violation of any such 767 768 permits, licenses or use authorizations, if any; and 769 10.6.1.14. Other documents and information: 770 CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 11 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. 771 HOA DOCS 772 773 774 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and 775 object to Due Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or are 776 unsatisfactory, in Buyer’s sole subjective discretion, Buyer may, on or before Due Diligence Documents 777 778 Objection Deadline: 779 10.6.2.1. Notice to Terminate. Notify Seller in writing, pursuant to § 25.1, that this 780 Contract is terminated; or 781 782 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description 783 of any unsatisfactory Due Diligence Documents that Buyer requires Seller to correct. 784 10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents 785 Objection is received by Seller, on or before Due Diligence Documents Objection Deadline and if Buyer and 786 787 Seller have not agreed in writing to a settlement thereof on or before Due Diligence Documents Resolution 788 Deadline, this Contract will terminate on Due Diligence Documents Resolution Deadline unless Seller 789 receives Buyer’s written withdrawal of the Due Diligence Documents Objection before such termination, i.e., on 790 791 or before expiration of Due Diligence Documents Resolution Deadline. 792 10.6.3. Zoning. Buyer has the Right to Terminate under § 25.1, on or before Due Diligence 793 Documents Objection Deadline, based on any unsatisfactory zoning and any use restrictions imposed by any 794 795 governmental agency with jurisdiction over the Property, in Buyer’s sole subjective discretion. 796 10.6.4. Due Diligence – Environmental, ADA. Buyer has the right to obtain environmental 797 inspections of the Property including Phase I and Phase II Environmental Site Assessments, as applicable. 798 Seller Buyer will order or provide Phase I Environmental Site Assessment, Phase II 799 800 Environmental Site Assessment (compliant with most current version of the applicable ASTM E1527 801 standard practices for Environmental Site Assessments) and/or n/a, at the expense of Seller Buyer 802 (Environmental Inspection). In addition, Buyer, at Buyer’s expense, may also conduct an evaluation whether 803 804 the Property complies with the Americans with Disabilities Act (ADA Evaluation). All such inspections and 805 evaluations must be conducted at such times as are mutually agreeable to minimize the interruption of Seller’s 806 and any Seller’s tenants’ business uses of the Property, if any. 807 808 If Buyer’s Phase I Environmental Site Assessment recommends a Phase II Environmental Site 809 Assessment, the Environmental Inspection Termination Deadline will be extended by n/ days (Extended 810 Environmental Inspection Termination Deadline) and if such Extended Environmental Inspection Termination 811 812 Deadline extends beyond the Closing Date, the Closing Date will be extended a like period of time. In such 813 event, Seller Buyer must pay the cost for such Phase II Environmental Site Assessment. 814 Notwithstanding Buyer's right to obtain additional environmental inspections of the Property in this § 815 816 10.6.4, Buyer has the Right to Terminate under § 25.1, on or before Environmental Inspection Termination 817 Deadline, or if applicable, the Extended Environmental Inspection Termination Deadline, based on any 818 unsatisfactory results of Environmental Inspection, in Buyer’s sole subjective discretion. 819 Buyer has the Right to Terminate under § 25.1, on or before ADA Evaluation Termination Deadline, 820 821 based on any unsatisfactory ADA Evaluation, in Buyer’s sole subjective discretion. 822 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of 823 that certain property owned by Buyer and commonly known as N/A. Buyer has the Right to Terminate under § 824 825 25.1 effective upon Seller's receipt of Buyer’s Notice to Terminate on or before Conditional Sale Deadline if 826 such property is not sold and closed by such deadline. This Section is for the sole benefit of Buyer. If Seller 827 does not receive Buyer’s Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right 828 829 to Terminate under this provision. 830 10.8. Source of Potable Water (Residential Land and Residential Improvements Only). 831 Buyer Does Does Not acknowledge receipt of a copy of Seller's Property Disclosure or Source of 832 833 Water Addendum disclosing the source of potable water for the Property. There is No Well. Buyer Does 834 Does Not acknowledge receipt of a copy of the current well permit. 835 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE 836 GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED 837 838 SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER SUPPLIES. 839 10.9. Existing Leases; Modification of Existing Leases; New Leases. Seller states that none of 840 CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 12 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. 841 the Leases to be assigned to the Buyer at the time of Closing contain any rent concessions, rent reductions or 842 rent abatements except as disclosed in the Lease or other writing received by Buyer. Seller will not amend, 843 844 alter, modify, extend or cancel any of the Leases nor will Seller enter into any new leases affecting the Property 845 without the prior written consent of Buyer, which consent will not be unreasonably withheld or delayed. 846 847 848 11. ESTOPPEL STATEMENTS. 849 11.1. Estoppel Statements Conditions. Buyer has the right to review and object to any Estoppel 850 Statements. Seller must request from all tenants of the Property and if received by Seller, deliver to Buyer on 851 or before Estoppel Statements Deadline, statements in a form and substance reasonably acceptable to 852 853 Buyer, from each occupant or tenant at the Property (Estoppel Statement) attached to a copy of the Lease 854 stating: 855 11.1.1. The commencement date of the Lease and scheduled termination date of the Lease; 856 857 11.1.2. That said Lease is in full force and effect and that there have been no subsequent 858 modifications or amendments; 859 11.1.3. The amount of any advance rentals paid, rent concessions given, and deposits paid to 860 861 Seller; 862 11.1.4. The amount of monthly (or other applicable period) rental paid to Seller; 863 11.1.5. That there is no default under the terms of said Lease by landlord or occupant; and 864 11.1.6. That the Lease to which the Estoppel Statement is attached is a true, correct and 865 866 complete copy of the Lease demising the premises it describes. 867 11.2. Seller Estoppel Statements. In the event Seller does not receive from all tenants of the 868 Property a completed signed Estoppel Statement, Seller agrees to complete and execute an Estoppel 869 870 Statement setting forth the information and documents required §11.1 above and deliver the same to Buyer on 871 or before Estoppel Statements Deadline. 872 11.3. Estoppel Statements Termination. Buyer has the Right to Terminate under § 25.1, on or 873 874 before Estoppel Statements Termination Deadline, based on any unsatisfactory Estoppel Statement, in 875 Buyer’s sole subjective discretion, or if Seller fails to deliver the Estoppel Statements on or before Estoppel 876 Statements Deadline. Buyer also has the unilateral right to waive any unsatisfactory Estoppel Statement. 877 878 879 CLOSING PROVISIONS 880 881 882 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 883 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing 884 Company to enable the Closing Company to prepare and deliver documents required for Closing to Buyer and 885 886 Seller and their designees. If Buyer is obtaining a loan to purchase the Property, Buyer acknowledges Buyer’s 887 lender is required to provide the Closing Company, in a timely manner, all required loan documents and 888 financial information concerning Buyer’s loan. Buyer and Seller will furnish any additional information and 889 890 documents required by Closing Company that will be necessary to complete this transaction. Buyer and Seller 891 will sign and complete all customary or reasonably-required documents at or before Closing. 892 12.2. Closing Instructions. Colorado Real Estate Commission’s Closing Instructions Are Are 893 Not executed with this Contract. 894 895 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the 896 date specified as the Closing Date or by mutual agreement at an earlier date. The hour and place of Closing 897 will be as designated by TITLE COMPANY.. 898 899 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality and extent of 900 service vary between different settlement service providers (e.g., attorneys, lenders, inspectors and title 901 companies). 902 903 904 13. TRANSFER OF TITLE. Subject to Buyer’s compliance with the terms and provisions of this Contract, 905 including the tender of any payment due at Closing, Seller must execute and deliver the following good and 906 907 sufficient deed to Buyer, at Closing: 908 909 special warranty deed general warranty deed bargain and sale deed quit claim deed personal 910 CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 13 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. 911 representative’s deed n/a deed. Seller, provided another deed is not selected, must execute and deliver a 912 good and sufficient special warranty deed to Buyer, at Closing. 913 914 Unless otherwise specified in §30 (Additional Provisions), if title will be conveyed using a special 915 warranty deed or a general warranty deed, title will be conveyed “subject to statutory exceptions” as defined in 916 §38-30-113(5)(a), C.R.S. 917 918 919 14. PAYMENT OF LIENS AND ENCUMBRANCES. Unless agreed to by Buyer in writing, any amounts 920 owed on any liens or encumbrances securing a monetary sum, including, but not limited to, any governmental 921 922 liens for special improvements installed as of the date of Buyer’s signature hereon, whether assessed or not 923 and previous years’ taxes, will be paid at or before Closing by Seller from the proceeds of this transaction or 924 from any other source. 925 926 927 15. CLOSING COSTS, CLOSING FEE, ASSOCIATION FEES AND TAXES. 928 15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs 929 and all other items required to be paid at Closing, except as otherwise provided herein. 930 931 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by 932 Buyer Seller One-Half by Buyer and One-Half by Seller 933 Other n/a 934 935 15.3. Status Letter and Record Change Fees. At least fourteen days prior to Closing Date, 936 Seller agrees to promptly request the Association to deliver to Buyer a current Status Letter. Any fees incident 937 to the issuance of Association’s Status Letter must be paid by None Buyer Seller One-Half by 938 939 Buyer and One-Half by Seller. Any Record Change Fee must be paid by None Buyer Seller 940 One-Half by Buyer and One-Half by Seller . 941 15.4. Local Transfer Tax. The Local Transfer Tax of n/a % of the Purchase Price must 942 943 be paid at Closing by None Buyer Seller One-Half by Buyer and One-Half by Seller. 944 15.5. Private Transfer Fee. Private transfer fees and other fees due to a transfer of the Property, 945 payable at Closing, such as community association fees, developer fees and foundation fees, must be paid at 946 Closing by None Buyer Seller One-Half by Buyer and One-Half by Seller. The Private Transfer 947 948 fee, whether one or more, is for the following association(s): n/a in the total amount of n/a% of the Purchase 949 Price or $. 950 951 15.6. Water Transfer Fees. The Water Transfer Fees can change. The fees, as of the date of 952 this Contract, do not exceed $n/a for: 953 Water Stock/Certificates Water District 954 955 Augmentation Membership Small Domestic Water Company n/a and must be paid at Closing by 956 None Buyer Seller One-Half by Buyer and One-Half by Seller 957 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction 958 959 must be paid when due by None Buyer Seller One-Half by Buyer and One-Half by Seller. 960 15.8. FIRPTA and Colorado Withholding. 961 15.8.1. FIRPTA. The Internal Revenue Service (IRS) may require a substantial portion of 962 the Seller’s proceeds be withheld after Closing when Seller is a foreign person. If required withholding does not 963 964 occur, the Buyer could be held liable for the amount of the Seller’s tax, interest and penalties. If the box in this 965 Section is checked, Seller represents that Seller IS a foreign person for purposes of U.S. income taxation. If 966 the box in this Section is not checked, Seller represents that Seller is not a foreign person for purposes of U.S. 967 968 income taxation. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably 969 requested documents to verify Seller’s foreign person status. If withholding is required, Seller authorizes 970 Closing Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax 971 972 advisor to determine if withholding applies or if an exemption exists. 973 15.8.2. Colorado Withholding. The Colorado Department of Revenue may require a 974 portion of the Seller’s proceeds be withheld after Closing when Seller will not be a Colorado resident after 975 Closing, if not otherwise exempt. Seller agrees to cooperate with Buyer and Closing Company to provide any 976 977 reasonably requested documents to verify Seller’s status. If withholding is required, Seller authorizes Closing 978 Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to 979 determine if withholding applies or if an exemption exists. 980 CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 14 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. 981 982 16. PRORATIONS AND ASSOCIATION ASSESSMENTS. The following will be prorated to the Closing 983 984 Date, except as otherwise provided: 985 16.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any and 986 general real estate taxes for the year of Closing, based on Taxes for the Calendar Year Immediately 987 988 Preceding Closing Most Recent Mill Levy and Most Recent Assessed Valuation, Other n/a. 989 16.2. Rents. Rents based on Rents Actually Received Accrued. At Closing, Seller will 990 transfer or credit to Buyer the security deposits for all Leases assigned, or any remainder after lawful 991 992 deductions and notify all tenants in writing of such transfer and of the transferee’s name and address. Seller 993 must assign to Buyer all Leases in effect at Closing and Buyer must assume Seller’s obligations under such 994 Leases. 995 16.3. Association Assessments. Current regular Association assessments and dues 996 997 (Association Assessments) paid in advance will be credited to Seller at Closing. Cash reserves held out of the 998 regular Association Assessments for deferred maintenance by the Association will not be credited to Seller 999 except as may be otherwise provided by the Governing Documents. Buyer acknowledges that Buyer may be 1000 1001 obligated to pay the Association, at Closing, an amount for reserves or working capital. Any special 1002 assessment assessed prior to Closing Date by the Association will be the obligation of Buyer Seller. 1003 Except however, any special assessment by the Association for improvements that have been installed as of 1004 1005 the date of Buyer’s signature hereon, whether assessed prior to or after Closing, will be the obligation of Seller. 1006 Seller represents there are no unpaid regular or special assessments against the Property except the current 1007 regular assessments and NONE OTHER.. Association Assessments are subject to change as provided in the 1008 1009 Governing Documents. 1010 16.4. Other Prorations. Water and sewer charges, propane, interest on continuing loan and 1011 NONE.. 1012 1013 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations are final. 1014 1015 17. POSSESSION. Possession of the Property will be delivered to Buyer on Possession Date at 1016 Possession Time, subject to the Leases as set forth in § 10.6.1.7. 1017 1018 1019 If Seller, after Closing, fails to deliver possession as specified, Seller will be subject to eviction and 1020 will be additionally liable to Buyer for payment of $ 100 per day (or any part of a day notwithstanding § 18.1) 1021 1022 from Possession Date and Possession Time until possession is delivered. 1023 1024 GENERAL PROVISIONS 1025 1026 1027 18. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE. 1028 18.1. Day. As used in this Contract, the term “day” means the entire day ending at 11:59 p.m., United 1029 1030 States Mountain Time (Standard or Daylight Savings, as applicable). 1031 18.2. Computation of Period of Days, Deadline. In computing a period of days (e.g., three days after 1032 MEC), when the ending date is not specified, the first day is excluded and the last day is included. If any 1033 1034 deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline Will 1035 Will Not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be 1036 checked, the deadline will not be extended. 1037 1038 1039 19. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; 1040 AND WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both will be 1041 delivered in the condition existing as of the date of this Contract, ordinary wear and tear excepted. 1042 1043 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other 1044 perils or causes of loss prior to Closing (Property Damage) in an amount of not more than ten percent of the 1045 total Purchase Price and if the repair of the damage will be paid by insurance (other than the deductible to be 1046 1047 paid by Seller), then Seller, upon receipt of the insurance proceeds, will use Seller’s reasonable efforts to 1048 repair the Property before Closing Date. Buyer has the Right to Terminate under § 25.1, on or before Closing 1049 Date, if the Property is not repaired before Closing Date, or if the damage exceeds such sum. Should Buyer 1050 CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 15 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. 1051 elect to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all 1052 insurance proceeds that were received by Seller (but not the Association, if any) resulting from damage to the 1053 1054 Property and Inclusions, plus the amount of any deductible provided for in the insurance policy. This credit may 1055 not exceed the Purchase Price. In the event Seller has not received the insurance proceeds prior to Closing, 1056 the parties may agree to extend the Closing Date to have the Property repaired prior to Closing or, at the 1057 1058 option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if acceptable to Seller’s 1059 insurance company and Buyer’s lender; or (2) the parties may enter into a written agreement prepared by the 1060 parties or their attorney requiring the Seller to escrow at Closing from Seller’s sale proceeds the amount Seller 1061 has received and will receive due to such damage, not exceeding the total Purchase Price, plus the amount of 1062 1063 any deductible that applies to the insurance claim. 1064 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and 1065 communication services), system, component or fixture of the Property (collectively Service) (e.g., heating or 1066 1067 plumbing), fail or be damaged between the date of this Contract and Closing or possession, whichever is 1068 earlier, then Seller is liable for the repair or replacement of such Inclusion or Service with a unit of similar size, 1069 age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such 1070 1071 Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by 1072 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 1073 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 1074 25.1, on or before Closing Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair 1075 1076 or replacement of such Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer receives 1077 such a credit, Seller’s right for any claim against the Association, if any, will survive Closing. 1078 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending 1079 1080 condemnation action may result in a taking of all or part of the Property or Inclusions, Seller must promptly 1081 notify Buyer, in writing, of such condemnation action. Buyer has the Right to Terminate under § 25.1, on or 1082 before Closing Date, based on such condemnation action, in Buyer’s sole subjective discretion. Should Buyer 1083 1084 elect to consummate this Contract despite such diminution of value to the Property and Inclusions, Buyer is 1085 entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value of 1086 the Property or Inclusions but such credit will not include relocation benefits or expenses, or exceed the 1087 Purchase Price. 1088 1089 19.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, has the right to 1090 walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions 1091 complies with this Contract. 1092 1093 19.5. Home Warranty. [Intentionally Deleted] 1094 19.6. Risk of Loss – – Growing Crops The risk of loss for damage to growing crops by fire or other 1095 casualty will be borne by the party entitled to the growing crops as provided in § 2.8 and such party is entitled 1096 1097 to such insurance proceeds or benefits for the growing crops. 1098 1099 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller 1100 acknowledge that the respective broker has advised that this Contract has important legal consequences and 1101 1102 has recommended the examination of title and consultation with legal and tax or other counsel before signing 1103 this Contract. 1104 1105 1106 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines 1107 in this Contract. This means that all dates and deadlines are strict and absolute. If any payment due, including 1108 Earnest Money, is not paid, honored or tendered when due, or if any obligation is not performed timely as 1109 1110 provided in this Contract or waived, the non-defaulting party has the following remedies: 1111 21.1. If Buyer is in Default: 1112 21.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest 1113 Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest 1114 1115 Money is not a penalty and the Parties agree the amount is fair and reasonable. Seller may recover such 1116 additional damages as may be proper. Alternatively, Seller may elect to treat this Contract as being in full force 1117 and effect and Seller has the right to specific performance or damages, or both. 1118 1119 21.1.2. Liquidated Damages, Applicable. This § 21.1.2 applies unless the box in § 21.1.1. 1120 CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 16 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. 1121 is checked. Seller may cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to 1122 Seller and retained by Seller. It is agreed that the Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES 1123 1124 and not a penalty, which amount the parties agree is fair and reasonable and (except as provided in §§ 10.4, 1125 22, 23 and 24), said payment of Earnest Money is SELLER’S ONLY REMEDY for Buyer’s failure to perform 1126 the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional 1127 1128 damages. 1129 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all 1130 Earnest Money received hereunder will be returned to Buyer and Buyer may recover such damages as may be 1131 proper. Alternatively, Buyer may elect to treat this Contract as being in full force and effect and Buyer has the 1132 1133 right to specific performance or damages, or both. 1134 1135 22. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event 1136 1137 of any arbitration or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must 1138 award to the prevailing party all reasonable costs and expenses, including attorney fees, legal fees and 1139 expenses. 1140 1141 1142 23. MEDIATION. If a dispute arises relating to this Contract (whether prior to or after Closing) and is not 1143 resolved, the parties must first proceed, in good faith, to mediation. Mediation is a process in which the parties 1144 meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot 1145 1146 impose binding decisions. Before any mediated settlement is binding, the parties to the dispute must agree to 1147 the settlement, in writing. The parties will jointly appoint an acceptable mediator and will share equally in the 1148 cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire dispute 1149 1150 is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the 1151 other at that party’s last known address (physical or electronic as provided in § 27). Nothing in this Section 1152 prohibits either party from filing a lawsuit and recording a lis pendens affecting the Property, before or after the 1153 1154 date of written notice requesting mediation. This Section will not alter any date in this Contract, unless 1155 otherwise agreed. 1156 1157 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must 1158 1159 release the Earnest Money following receipt of written mutual instructions, signed by both Buyer and Seller. In 1160 the event of any controversy regarding the Earnest Money, Earnest Money Holder is not required to release the 1161 Earnest Money. Earnest Money Holder, in its sole subjective discretion, has several options: (1) wait for any 1162 1163 proceeding between Buyer and Seller; (2) interplead all parties and deposit Earnest Money into a court of 1164 competent jurisdiction (Earnest Money Holder is entitled to recover court costs and reasonable attorney and 1165 legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money 1166 1167 Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the 1168 case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder’s notice to the 1169 parties, Earnest Money Holder is authorized to return the Earnest Money to Buyer. In the event Earnest Money 1170 Holder does receive a copy of the Lawsuit and has not interpled the monies at the time of any Order, Earnest 1171 1172 Money Holder must disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the 1173 obligation of § 23 (Mediation). This Section will survive cancellation or termination of this Contract. 1174 1175 1176 25. TERMINATION. 1177 25.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to 1178 Terminate), the termination is effective upon the other party’s receipt of a written notice to terminate (Notice to 1179 1180 Terminate), provided such written notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as satisfactory and waives the Right to Terminate under such provision. 25.2. Effect of Termination. In the event this Contract is terminated, all Earnest Money received hereunder will be returned to Buyer and the parties are relieved of all obligations hereunder, subject to §§ 10.4, 22, 23 and 24.
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CTMeContracts.com - ©2020 CTM Software Corp. 26. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified addenda, constitute the entire agreement between the parties relating to the subject hereof and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right or obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the same. Any successor to a party receives the predecessor’s benefits and obligations of this Contract.
27. NOTICE, DELIVERY AND CHOICE OF LAW. 27.1. Physical Delivery and Notice. Any document, or notice to Buyer or Seller must be in writing, except as provided in § 27.2 and is effective when physically received by such party, any individual named in this Contract to receive documents or notices for such party, Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing must be received by the party, not Broker or Brokerage Firm). 27.2. Electronic Notice. As an alternative to physical delivery, any notice, may be delivered in electronic form to Buyer or Seller, any individual named in this Contract to receive documents or notices for such party, Broker or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing must be received by the party, not Broker or Brokerage Firm) at the electronic address of the recipient by facsimile, email or CTME CONTRACTS. 27.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient. 27.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property located in Colorado.
28. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below and the offering party receives notice of such acceptance pursuant to § 27 on or before Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this document will become a contract between Seller and Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy thereof, such copies taken together are deemed to be a full and complete contract between the parties.
29. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not limited to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations; Title Insurance, Record Title and Off-Record Title; New ILC, New Survey; and Property Disclosure, Inspection, Indemnity, Insurability, Due Diligence and Source of Water.
ADDITIONAL PROVISIONS AND ATTACHMENTS
30. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) GEORGE FLEISCHMANN, WITH METRO BROKERS WILL ASSIST BOTH PARTIES REGARDING BRINGING THIS TRANSACTION TO CLOSING AND HANDLE CONTRACT WRITING / NEGOTIATIONS AND ARRANGING THE TITLE COMPANY AND ANSWER ANY QUESTIONS FOR EITHER PARTY FROM CONTRACT EXECUTION TO CLOSING. THE SELLER WILL PAY METRO BROKERS A 3.0 % COMMISSION. 31. OTHER DOCUMENTS. 31.1. The following documents are a part of this Contract: NONE
31.2. The following documents have been provided but are not a part of this Contract: CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE - Land Page 18 of 20
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CTMeContracts.com - ©2020 CTM Software Corp. NONE
SIGNATURES
Date: 11/25/2020 Buyer: Jason Gill
Date: 11/24/2020 Buyer: Alan Belliston
[NOTE: If this offer is being countered or rejected, do not sign this document.
Date: Seller: South Metro Fire Rescue Fire Protection District By: Jim Albee, District Board Chairperson Address: Phone: Fax: Email Address:
END OF CONTRACT TO BUY AND SELL REAL ESTATE
32. BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Buyer)
Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared.
Although Broker is not a party to the Contract, Broker agrees to cooperate, upon request, with any mediation requested under § 23.
Broker is working with Buyer as a Buyer’s Agent Transaction-Broker in this transaction. This is a Change of Status
Customer. Broker has no brokerage relationship with Buyer. See § 33 for Broker’s brokerage relationship with Seller.
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CTMeContracts.com - ©2020 CTM Software Corp. Brokerage Firm’s compensation or commission is to be paid by Listing Brokerage Buyer Other n/a.
Brokerage Firm's Name: Liberty Associates Brokerage Firm’s License #: MBS4W
Date: 11/24/2020 Broker’s Name: George S. Fleischmann Broker’s License #: 013930 Address: 8480 E. Orchard Rd. Ste 1100 Greenwood Village, CO 80111 Ph: 303-779-7979 Fax: 303-773-1664 Email Address: [email protected]
33. BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Seller)
Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the executed written mutual instructions, provided the Earnest Money check has cleared.
Although Broker is not a party to the Contract, Broker agrees to cooperate, upon request, with any mediation requested under § 23.
Broker is working with Seller as a Seller’s Agent Transaction-Broker in this transaction. This is a Change of Status.
Customer. Broker has no brokerage relationship with Seller. See § 32 for Broker’s brokerage relationship with Buyer.
Brokerage Firm’s compensation or commission is to be paid by Seller Buyer Other n/a.
Brokerage Firm's Name: LIBERTY ASSOCIATES Brokerage Firm’s License #: MBS4W
Date: 11/24/2020 Broker’s Name: GEORGE FLEISCHMANN Broker’s License #: 013930 Address: 8480 E. ORCHARD RD. SUITE 1100 Greenwood Village, CO 80111 Ph: 303-779-7979 Fax: 303-773-1664 Email Address: GEORGESELLSRE@ CBS4-5-19. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) CTM eContracts - ©2020 MRI Software LLC - All Rights Reserved
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CTMeContracts.com - ©2020 CTM Software Corp. SOUTH METRO FIRE RESCUE BOARD AGENDA
MEETING DATE: 12/7/2020
AGENDA ITEM TYPE: ACTION ITEM
SUBJECT: Working agreement between IAFF Local #2086 and South Metro Fire Rescue District, 01/01/2021 – 12/31/2021.
BACKGROUND: This action item is to agree to and sign the working agreement between IAFF Local #2086 and South Metro Fire Rescue District, 01/01/2021 – 12/31/2021. Although this document is mostly an extension of the current agreement that is due to expire on 12/31/2020, the new agreement contains a change to ARTICLE 8 – Compensation and Benefits. The change provides more clarity about the SMFR’s total compensation package and specifically lists the annualized salaries for represented positions. The other change is to ARTICLE 9 – Staffing wherein “six engine apparatus” was changed to “eleven engine apparatus.”
RECOMMENDATION: Staff recommends approval of the resolution.
SUBMITTED BY: Isela Jiménez Nejbauer APPROVED BY: Bob Baker WORKING AGREEMENT
BETWEEN
LOCAL #2086
&
SOUTH METRO FIRE RESCUE
EFFECTIVE 1/1/2021 — 12/31/2021 TABLE OF CONTENTS
Page
ARTICLE 1 - District Rights: ...... 1
ARTICLE 2 - Labor Responsibilities: ...... 2
ARTICLE 3 - No Strike Provisions: ...... 2
ARTICLE 4 - Local 2086 Recognition: ...... 3
ARTICLE 5 - Local 2086 Leave: ...... 3
ARTICLE 6 - Payroll Deduction of Dues: ...... 3
ARTICLE 7 - Meet and Confer Process: ...... 3
ARTICLE 8 - SMFR Compensation Philosophy: ...... 4
ARTICLE 9 - Staffing: ...... 4
ARTICLE 10 - Promotional Process: ...... 4
ARTICLE 11 - Lay Off/Recall Procedures: ...... 5
ARTICLE 12 - Work Schedule or Work Hours: ...... 5
ARTICLE 13 - Disciplinary Procedures: ...... 6
ARTICLE 14 - Fitness, Health and Wellness Standards: ...... 6
ARTICLE 15 - Grievance and Arbitration Procedure: ...... 6
ARTICLE 16 - Waiver & Notice: ...... 9
ARTICLE 17 - Evergreen Clause: ...... 9
ARTICLE 18 - Entire Agreement: ...... 9 WORKING AGREEMENT BETWEEN LOCAL #2086 & SOUTH METRO FIRE RESCUE
EFFECTIVE 1/1/2021 — 12/31/2021
This Working Agreement is between the International Association of Firefighters Local 2086 (“Association” or “Local 2086”) and the South Metro Fire Rescue Fire Protection District (“District” or “SMFR”), a quasi-municipal government and political subdivision of the State of Colorado organized pursuant to Article 1, Title 32, C.R.S. This Working Agreement reflects a bargaining relationship between the Association and the District created by voluntary recognition by the District that remains in effect under Colorado Statutes 29-5-212 (4)(a). The Working Agreement sets forth procedures for negotiations between the Association and the District in lieu of any agreement to apply the provisions of Part 2 of the Colorado Firefighters Safety Act. The Association and District agree that the Association is not waiving any of its rights under the Colorado Firefighter Safety Act by entering into this Working Agreement.
ARTICLE 1 - District Rights:
Except as otherwise specifically provided in this Agreement, the District has the sole and exclusive right to exercise all the rights or functions of management, and the exercise of any such rights or functions shall not be subject to any grievance procedure. Without limiting the generality of the foregoing, as used herein, the term “Rights of Management” includes: a. The determination of SMFR policy including the right to manage the affairs of the fire department in all respects; b. the right to assign working hours including overtime; c. the right to establish, modify or change work schedules, staffing of apparatus, amount of apparatus in the main or reserve fleet, etc.; d. the right to assign firefighters to other duties within the fire department when their apparatus is out of service; e. the right to direct firefighters, including the right to hire, promote or transfer any firefighter; f. the table of organization of SMFR, including the right to organize and reorganize SMFR in any manner it chooses, including the size of SMFR and the determination of job classifications and ranks based upon duties assigned; g. the determination of the safety, health and property protection measures for SMFR; h. the selection, promotion or transfer of firefighters to supervisory or other managerial or support positions; i. the allocation and assignment of work to firefighters within SMFR; j. the determination of policy affecting the selection or training of firefighters; k. the scheduling of operations and the determination of the number and duration of hours of assigned duty per week; l. the establishment, modification and enforcement of SMFR Policies and Procedures (P&Ps) and Standard Operating Guidelines (SOGs); m. the transfer of work from one position to another within SMFR; n. the introduction of new, improved or different methods and techniques of operation of SMFR or a change in existing methods and techniques; o. the determination of the number of ranks and number of firefighters within each rank; p. the determination of the amount of supervision necessary; q. the transfer of fire fighters from one station, district or support service to another.
ARTICLE 2 - Labor Responsibilities:
The District agrees that the Executive Board of the Association will present the views of Line Personnel to the Fire Chief. Occasionally the Fire Chief may request the Association to address an issue to the District Board of Directors or the Association may request the opportunity to address the District Board of Directors directly about a matter after consultation with the Fire Chief. The Fire Chief will establish a schedule to meet with the Association on a regular basis but will be available between scheduled meetings.
The Association will also have representatives selected by Local 2086 assigned to the following committees:
Compensation and Benefits Committee up to 2 members
Health and Safety Committee up to 2 members
The Association also can send one person of the Association Executive Board to all Operations Command Staff meetings. If necessary, this person may attend on duty and the appropriate coverage will be determined by the on-duty Battalion Chiefs.
ARTICLE 3 - No Strike Provisions:
There will be no strikes, work stoppages, picket lines, slowdowns, boycotts, or concerted failure or refusal to perform assigned work by the members of Local 2086 and there will be no lockouts by the District for the duration of this Agreement. Local 2086 supports the District fully in maintaining normal operations. Any employee who participates in or promotes a strike, work stoppage, picket line, slowdown, boycott, sympathy strike, sickout, work to rule, or other concerted failure or refusal to perform assigned work shall be subject to disciplinary action, up to and including discharge. It is recognized by the parties that the District is responsible for and engaged in activities which are the basis of the health and welfare of our citizens and that any violation of this Section would give rise to irreparable damage to the District and to the public at large. Accordingly, it is understood and agreed that in the event of any violation of this Section,
2 the District shall be entitled to seek and obtain immediate injunctive relief. Provided, however, it is agreed that Local 2086 shall not be responsible for any act alleged to constitute a breach of this Section if it can be shown that neither Local 2086 nor any of its officers instigated, authorized, condoned, sanctioned, or ratified such action, and further, that Local 2086 and its officers have used every reasonable affirmative means to prevent or terminate such action.
ARTICLE 4 - Local 2086 Recognition:
This Working Agreement covers all full-time SMFR firefighter personnel, up to and including the classification of Captain, (“Line Personnel”) with respect to wages, fringe benefits, and other terms and conditions of employment as set forth in this Working Agreement, but specifically excluding all cadets who have not graduated from the Training Academy and Apprentices.
Line Personnel temporarily assigned to staff positions shall be covered by this Agreement.
ARTICLE 5 - Local 2086 Leave:
SMFR agrees to grant necessary and reasonable administrative leave with pay, up to a maximum total of one hundred ninety-two (192) hours per calendar year for the three Local 2086 officers (President, Secretary and Treasurer) to attend monthly business meetings of Local 2086, or to participate in meetings and conferences with the Fire Chief regarding the matters set forth herein. The Fire Chief may approve additional hours if needed. Local 2086 will submit in writing to the Human Resources Director the names, title of office, and contact number of these officers within fourteen (14) days of execution of this Working Agreement and within fourteen (14) days following any change to the Local 2086 officers. Such leave shall be administered in the same manner as all other discretionary leave. In addition, no paid leave shall be forthcoming for time that would not have, in the normal course of operations, been paid time for any of the employees taking leave under this Article.
ARTICLE 6 - Payroll Deduction of Dues:
The District agrees to deduct from the wages of each employee the sum certified as the monthly Association dues and deliver the sum to the Association Treasurer only upon the written authorization of an employee. The employee, the Association, and the District agree that the amount certified as dues deduction shall commence on the effective date of the agreement of each employee, and shall not vary from month to month. If any employee does not have a check coming, or the check is not large enough to satisfy the assignments, no collection shall be made from the employee for that month.
The Association agrees to hold the District harmless, indemnify and defend them from and against any and all claims, demands, suits and other forms of liability that may arise out of, or by any reason of, action taken in reliance upon such individual authorization cards or by reason of the District’s complying with the provision of this section.
ARTICLE 7 - Meet and Confer Process:
The Fire Chief, the Association and anyone else the Fire Chief deems appropriate agree to meet and confer during the first month of each quarter to work together to solve or avoid problems, to strive to improve the working environment, to strengthen the labor/management working relationships and/or to discuss proposed policy changes. If the Fire Chief and Local
3
2086 are unable to come to an agreement during the meet and confer process both parties agree to engage a mutually agreed upon third party mediator to assist in reaching agreement.
ARTICLE 8 - SMFR Compensation and Benefits:
As part of and in accordance with the District’s compensation philosophy and to the extent such philosophy is compliant with Colorado law, SMFR’s total compensation package, will include:
• Base wages • Leave accruals • Medical Insurance • Dental Insurance • Vision Insurance • Life Insurance • Retiree Health Savings • Death & Disability Insurance • Pension Contributions
Base wages effective in the pay period that includes January 1, 2021 will be:
Classification 2021 Captain $ 127,648 Lieutenant $ 115,356 Engineer $ 104,009 Paramedic I $ 108,737 Paramedic II $ 97,863 Paramedic III $ 88,077 Paramedic IV $ 70,461 Firefighter I $ 94,554 Firefighter II $ 85,099 Firefighter III $ 76,589 Firefighter IV $ 61,271
ARTICLE 9 - Staffing:
The District and Local 2086 recognize the goal of the District is to meet the intent of NFPA 1710 for reasons of safety and service. Consequently, the District intends to maintain minimum staffing of four personnel on every tower apparatus and on eleven engine apparatus, and the District will continue to work toward a goal of four persons on every engine apparatus.
ARTICLE 10 - Promotional Process:
SMFR will handle promotional processes in accordance with SMFR’s Promotional Policy, Promotional Testing Process Policy and Promotional and Acting Out of Grade Guidelines Policy. These policies shall not be changed without completing the meet and confer process outlined in this Working Agreement. The following components of these policies will be subject to the “impasse” resolution procedure if a new agreement cannot be reached upon expiration of this Working Agreement.
4 a. If a member who holds a promotable position is on long term leave — anticipated at six months or more — an assignment will take place, offered to a member at the top of the promotable list. If the leave is less than six months, the position can be filled with available staffing at the discretion of the District Chiefs or the Assistant Chief of Operations. b. Permanent promotions will not take place until the position is permanently vacated causing a drop below the established par level. Permanent Vacancy for the purpose of backfilling/promoting a vacated position due to an impending separation due to a disability is: once an FPPA eligible employee has submitted their application to FPPA or a non-FPPA eligible employee has been put at MMI and is not able to return to work. c. If the list is exhausted within the expiration date of each promotable position a new test may be offered at the discretion of the Assistant Chief of Operations or their Designee. d. Promotional lists are good from the day the results are posted thru the next scheduled test date for that rank, normally two years. No promotions will be made between the start of the day (Midnight) of the written test and the day the final rankings are posted.
ARTICLE 11 - Lay Off/Recall Procedures: a. When SMFR has determined the layoff of employees is required due to economic reasons or due to causes other than disciplinary actions, the displacement or layoff of employees shall be in accordance with relative seniority beginning with the most recently hired employee. b. Employees designated for layoff shall be given at least 30 days advance written notice of layoff. No new employee shall be hired until every laid off employee has been given the opportunity to return to work. c. Notice of opportunity to return to work shall be given to the laid off employees based on the most recently laid off employee to be the first reinstated. The progression of reinstatement shall be in order of descending seniority with the least senior laid off employee being the last reinstated. d. Upon receipt of notice of opportunity to return to work, the laid off employee shall have four (4) calendar days to submit notice of acceptance or refusal of such opportunity. Failure to respond within four (4) days shall be considered as a refusal of such offer. e. If an employee who has been laid off is working in other employment, she/he shall have an additional fourteen (14) days to notify his/her employer of his/her intent to return to SMFR. On the nineteenth (19th) day after his/her receipt of notice of the opportunity to return to employment with SMFR, she/he shall report for duty.
ARTICLE 12 - Work Schedule or Work Hours:
Shift personnel will work the 48/96 schedule with a twenty-four (24) day work cycle. In each work cycle, employees are scheduled to work four (4) forty-eight (48) hour shifts. Each shift begins at 07:00. These shifts shall be worked in a rotation consisting of: a forty-eight (48) hour shift; a set of two (2) consecutive twenty-four (24) hour days), followed by four (4) consecutive
5 days off. Non-shift personnel have a seven (7) day work cycle. In each work cycle, non-shift employees are scheduled to work forty (40) hours.
The District reserves the right to modify or change the work cycle and/or the shift schedule. The District shall give Local 2086 ninety (90) days’ notice prior to change.
ARTICLE 13 - Disciplinary Procedures:
Covered members will be disciplined in accordance with SMFR’s Discipline and Grievance Process Policy.
ARTICLE 14 - Fitness, Health and Wellness Standards:
Covered members shall be held to the Fitness, Health and Wellness standards outlined in SMFR’s Fitness, Health and Wellness Intervention Policy. This policy shall not be changed without going through the meet and confer process outlined in this Working Agreement.
ARTICLE 15 - Grievance and Arbitration Procedure: a. Grievance Defined. For purposes of this Working Agreement, the term “Grievance” shall mean a claim by the Association (directly or on behalf of one or more employees) or the District that an express provision of this Agreement has been violated or incorrectly interpreted. The term “Grievance” shall not include a claim relating to a matter that is the subject of a disciplinary action, which shall be handled exclusively through the disciplinary procedures established under this Agreement or a claim of discrimination, harassment, failure to accommodate, or retaliation, which shall be reported, investigated and resolved in accordance with the procedures established by the District for such matters. b. Submission of Grievance to Association. An aggrieved employee or aggrieved employees shall submit the Grievance in writing to the Association President or his/her designee. The Association shall review the Grievance and accept or reject the Grievance according to its merit or justification under the terms of this Agreement. The Association shall have complete discretion at any time during the Grievance and Arbitration process to decline to proceed with the Grievance if, in its judgment, the dispute lacks merit, or has been satisfactorily adjusted, settled, or otherwise resolved. c. Grievance and Arbitration Procedure.
STEP 1: Submission of Grievance. A Grievance shall be submitted within thirty (30) calendar days of the date on which the incident or event giving rise to the dispute occurred or within thirty (30) calendar days of when the parties knew or should have known about the underlying event. If the Grievance is by the Association, it shall be submitted to the Fire Chief or, in his/her absence, the next highest ranking officer. If the Grievance is by the District, it shall be submitted to the Association President, or in the President’s absence, another Association officer or representative. The Grievance shall, at a minimum, state:
A. The date the Grievance is submitted;
B. The individual to whom the Grievance is submitted;
6 C. If the Association is submitting the Grievance on behalf of one or more specific employees, their names;
D. A description of the event(s) giving rise to the Grievance, including (1) the date(s) they occurred; (2) how, when and where it (they) arose; and, (3) the parties involved;
E. All documents, electronic data, or other information supporting the Grievance;
F. The express provision(s) of this Agreement alleged to have been violated or incorrectly interpreted; and,
G. The specific relief or remedy sought.
A Grievance that fails to comply with the requirements of subparagraphs (A) — (G) above shall be defective, and shall be deemed untimely, unless an Amended Grievance, correcting all defects, is submitted before the expiration of the thirty (30) calendar day filing deadline established in this Step 1.
STEP 2: Grievance Meeting. Within fifteen (15) calendar days of receipt of a timely filed Grievance that complies with all requirements of Step 1, a meeting shall be held to attempt to resolve the Grievance. The Association and the District may mutually agree in writing to extend the fifteen (15) day time limit.
The District may designate up to three (3) representatives to attend the meeting, one of whom may be the District’s legal counsel. The Association may designate up to three (3) representatives to attend the meeting, one of whom may be the Association’s legal counsel. If one (1) or more employees submitted the Grievance, they also may attend the meeting. During the meeting, the District, the Association and the employee(s) (if applicable) shall in good faith attempt to resolve the Grievance.
The Association and the District (and the individual Employee(s), if applicable) may by agreement continue the meeting, or agree to hold subsequent meetings, in a document signed by all affected parties.
If the Association and the District have resolved the Grievance, they shall, within fifteen (15) calendar days of the last meeting held pursuant to Step 2, jointly prepare and sign a written document that accurately sets forth the mutually agreed upon resolution of the Grievance.
STEP 3. Mediation, If the Association and District do not resolve the Grievance at Step 2, either Party may send a written notice within ten (10) days after the last Step 2 meeting to the other to mediate the Grievance. The requesting party will contact the Federal Mediation and Conciliation Service and request the services of an FMCS Mediator. The Association and District shall meet with the Mediator at a reasonable time and location to attempt in good faith to resolve the Grievance. The Association and District shall bear equally the costs of the mediation, if any. Each Party shall bear its own attorneys’ fees, costs and expenses incurred in connection with the mediation proceeding.
If the Association and the District have resolved the Grievance, they shall, within fifteen (15) calendar days of the last meeting held pursuant to Step 2, jointly prepare and sign a written document that accurately sets forth the mutually agreed upon resolution of the Grievance.
7 STEP 4. Binding Arbitration. If the Association and the District do not resolve the Grievance at Step 3, upon written notice from the Association provided within ten (10 days after the last Step 3 meeting that the Association wishes to proceed to Binding Arbitration, the District shall, within ten (10) days of receipt of the notice, establish a panel of arbitrators (“Panel”) from which an arbitrator may be selected to conduct a binding arbitration hearing on Grievances under this Article. In order to be eligible to be on the Panel, a person must be impartial and disinterested, and must be qualified by experience and training as a neutral hearing officer or arbitrator in labor/management disputes. In order to be so qualified, the person must have served as a neutral hearing officer or arbitrator in labor/management disputes for at least 3 years and have conducted at least 5 hearings per year in each of 2 of the last 3 years. These hearings shall be either hearings to resolve an impasse in negotiations between labor and management, disputes over the meaning or application of contracts between labor and management, or discipline. Experience as a hearings officer in any civil or career service system shall not count toward the hearings experience requirement. Persons who are members of the National Academy of Arbitrators or who are on the American Arbitration Association panel of labor arbitrators are presumptively qualified. The Panel list shall contain 5 arbitrators. Placement on the Panel shall be by a majority vote of the Board.
If the Grievance is not resolved at Step 3, either Party may send a written notice within ten (10) days after the Mediation requesting binding arbitration. Within two business days of the request, the Board Secretary shall submit to the Parties a list with the names of the 5 Panel members. Within 5 business days of receipt of this list, the Parties shall meet and alternatively strike one name from the list until one name remains. When one name remains, that person becomes the arbitrator for that dispute. The determination of whether the Association or the Fire Authority strikes first shall be done by flip of a coin. Nothing herein shall be construed to prevent the Parties from agreeing to an arbitrator from the Panel without having to participate in the foregoing selection process.
Within 30 calendar days after being appointed, the arbitrator shall hold a hearing on the Grievance. The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings are not binding. The arbitrator may receive into evidence any written or electronic documents or information he or she deems relevant. The arbitrator may administer oaths and require by subpoena the attendance and testimony of witnesses and the production of written or electronic documents or information relevant to the issues submitted for arbitration. If a person or entity refuses to obey a subpoena, take an oath, or testify, or if any witness, Party, or attorney is guilty of contempt while in attendance at the hearing, the arbitrator may request the aid from the appropriate district court, and the Court shall issue an appropriate order. The Court may punish a failure to obey the order as contempt.
A Party may submit a written brief to the arbitrator within 20 business days after the hearing is concluded. If a transcript is prepared, the 20 business days will not begin until the transcript is available. A Party intending to file a brief must notify the arbitrator at the hearing.
The arbitrator shall issue a written binding award and decision. The arbitrator shall be without the power or authority to make any decision contrary to or inconsistent with, increasing or decreasing any term, enlarging or diminishing any benefit or power, or modifying or varying in any way the terms of this Agreement.
The Parties shall bear equally the costs of the arbitrator and the hearing. Each Party shall bear its own attorneys’ fees, costs and expenses incurred in connection with the binding arbitration proceeding.
8 The award and decision of the arbitrator will be binding on the Parties, except that either Party may seek judicial review of the arbitrator’s decision solely for consideration of one or more of the following: (1) whether the award was procured by corruption, fraud, or other undue means; (2) whether the decision on any issue is arbitrary and capricious, i.e., there is no competent evidence in the record to support the decision; or (3) whether the award and decision imposes language that falls outside the authority of the Board to implement.
ARTICLE 16 - Waiver & Notice:
Failure of the District to enforce, or insist upon the performance of any term, condition or provision of this Agreement in any one or more instances shall not be deemed a waiver of such term, condition, or provision. No term, condition or provision of the Agreement shall be deemed waived by the District unless such waiver is reduced to writing and signed by an agent of the District who has been authorized by the District Board of Directors to give the specific waiver requested. If such written waiver is given, it shall apply, only to the specific case for which the waiver is given and shall not be construed as a general or absolute waiver of the term, condition or provision, which is the subject matter of the waiver.
Where any provision of this Agreement requires that any notice or information be given by Local 2086 to the District within a specified time, such requirement will not be met unless the official of the District specified herein who has actual authority to receive such notice actually receives the notice or information within the time limit specified in this Agreement.
ARTICLE 17 - Evergreen Clause:
If Local 2086 or the District serves upon the other party a timely notice to modify the provisions of this Agreement, but the parties have not negotiated a successor contract as of the expiration date of this Agreement, it is hereby agreed that all of the provisions of this Agreement shall remain in full force and effect until a successor agreement is achieved through voluntary negotiations or the Interest Impasse Resolution procedure in Addendum 1. If a party requests modification of this Agreement by sending notice to the other party no later than July 1 of the last year of the existing Agreement, negotiations are required to begin no later than July 15 of that year. If Local 2086 and the District do not send timely notice to modify, the Working Agreement will be extended for another year.
ARTICLE 18 - Entire Agreement:
The District and Local 2086 shall not be bound by any requirement which is not specifically stated in this Agreement. Specifically, but not exclusively, the District and Local 2086 are not bound by any past practices of the District or Local 2086, or understandings with any labor organizations, unless such past practices or understandings are specifically stated in this Agreement.
Local 2086 and the District agree that this Agreement is intended to cover only those matters specified herein and that during the term of this Agreement, except as set forth herein neither the District nor Local 2086 will be required to negotiate on any further matters affecting those subjects.
Should any provision of this Agreement be found to be inoperative, void or invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.
9 IN WITNESS THEREOF, the parties hereto have set their hands this 7th day of December, 2020.
LOCAL #2086, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
By: Joel Heinemann, President, Local #2086
Attest: Date:
SOUTH METRO FIRE RESCUE
By: Bob Baker, Fire Chief By: Jim Albee, Board President
Attest: Date:
10 ADDENDUM 1
Interest Impasse Resolution
SECTION 1 - MEDIATION.
A. Any time after 30 calendar days from the start of the Working Agreement process, either Party may declare an impasse in negotiations by notifying the other Party in writing. If an impasse is declared, mediation shall be conducted in accordance with the following provisions:
B. The Parties will contact the Federal Mediation and Conciliation Service and request the services of an FMCS Mediator. The Parties shall meet with the Mediator at reasonable times and locations to continue negotiations and attempt in good faith to reach agreement on the Working Agreement.
C. The Parties shall bear equally the costs of the mediation, if any. Each Party shall bear its own attorneys’ fees, costs and expenses incurred in connection with the mediation proceeding.
SECTION 2 - BINDING ARBITRATION
A. Prior to or within 30 calendar days of the commencement of negotiations over the Working Agreement, the Board shall establish a panel of arbitrators (“Panel”) from which an arbitrator may be selected to conduct a binding arbitration hearing on matters the Parties cannot resolve concerning the Working Agreement. In order to be eligible to be on the Panel, a person must be impartial and disinterested, and must be qualified by experience and training as a neutral hearing officer or arbitrator in labor/management disputes. In order to be so qualified, the person must have served as a neutral hearing officer or arbitrator in labor/management disputes for at least 3 years and have conducted at least 5 hearings per year in each of 2 of the last 3 years. These hearings shall be either hearings to resolve an impasse in negotiations between labor and management, disputes over the meaning or application of contracts between labor and management, or discipline. Experience as a hearings officer in any civil or career service system shall not count toward the hearings experience requirement. Persons who are members of the National Academy of Arbitrators, on the American Arbitration Association panel of labor arbitrators are presumptively qualified. The Panel list shall contain 5 arbitrators. Placement on the Panel shall be by a majority vote of the Board.
B. Any time after 30 calendar days from the first mediation meeting with the FMCS Mediator, either Party may request binding arbitration. Within two business days of the request, the Board Secretary shall submit to the Parties a list with the names of all Panel members. Within 5 business days of receipt of this list, the Parties shall meet and alternatively strike one name from the list until one name remains. When one name remains, that person becomes the arbitrator for that dispute. The determination of whether the Association or the Fire Authority strikes first shall be done by flip of a coin. Nothing herein shall be construed to prevent the Parties from agreeing to an arbitrator from the Panel without having to participate in the foregoing selection process.
C. Within 30 calendar days after being appointed, the arbitrator shall hold a hearing on the final offers made by each Party on each issue submitted for binding arbitration. The
11 arbitrator shall have authority to impose language to resolve any issue in dispute between the Parties so long as the language is within the authority of the Board to implement. Conversely, the arbitrator shall not impose language to resolve any issue that is outside the Board’s authority, such as increasing the mill levy, nor shall the arbitrator have any authority to require the Board to submit any issues to a vote of the public. The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings are not binding. The arbitrator may receive into evidence any written or electronic documents or information he or she deems relevant. The arbitrator may administer oaths and require by subpoena the attendance and testimony of witnesses and the production of written or electronic documents or information relevant to the issues submitted for arbitration. If a person or entity refuses to obey a subpoena, take an oath, or testify, or if any witness, Party, or attorney is guilty of contempt while in attendance at the hearing, the arbitrator may request the aid from the appropriate district court, and the Court shall issue an appropriate order. The Court may punish a failure to obey the order as contempt.
D. The hearing shall be concluded within 2 business days after it begins, unless the time is extended by mutual written agreement of the Parties. A Party may submit a written brief to the arbitrator within 5 business days after the hearing is concluded. A Party intending to file a brief must notify the arbitrator in writing of such intent no later than 24 hours of the hearing concluding.
E. Within 10 business days after receipt of the last written brief from a Party, or within 10 business days of conclusion of the hearing if neither Party notified the arbitrator of its intent to file a written brief, the arbitrator shall issue a binding award and decision. The award and decision may be in favor of either Party’s package of final proposals or a separate finding on each issue submitted for arbitration. The award and decision must include written findings of fact, a written explanation on each issue presented and must address any contentions of the Parties that any particular proposal adversely impacts an integrated agreement. The arbitrator shall email the award and decision to each Party on the same date they are issued, at the email address provided by each Party. The arbitrator also shall mail an original signed copy of the written award and decision to each Party at the address each Party has provided. In arriving at the award and decision, the arbitrator shall consider each of the eight factors below:
1. The interests and welfare of the public;
2. The compensation, hours, and terms and conditions of employment of the Working Agreement Unit in comparison with the compensation, hours, and terms and conditions of employment of other fire department employees providing similar services in comparable Colorado communities;
3. Stipulations of the Parties;
4. The Fire District’s lawful authority;
5. The Fire District’s financial ability to meet the costs involved;
6. The impact on all of the Fire District’s services;
7. Changes in the cost of living; and
12 8. Other similar standards recognized in the resolution of interest disputes.
F. The arbitrator’s award and decision on the issues shall be incorporated into the Working Agreement. The Parties may mutually agree to make changes to the award and decision as may be necessary to harmonize them with other provisions of the Working Agreement or as otherwise necessary to implement them from an administrative or operational perspective.
G. The Parties shall bear equally the costs of the arbitrator and the hearing. Each Party shall bear its own attorneys’ fees, costs and expenses incurred in connection with the binding arbitration proceeding.
H. Nothing in this Section 2 prohibits the Parties from continuing to bargain in good faith at any time during the arbitration proceeding. If at any point in the arbitration proceeding the Parties are able to resolve all or any portion of the issues submitted for arbitration, the Parties shall notify the arbitrator, and the arbitrator shall terminate the proceeding if all issues have been resolved or, if only a portion of the issues have been resolved, discontinue consideration of the issues resolved.
I. Notwithstanding anything to the contrary in this Section 2, any and all time periods set forth in this Section 2 may be amended by mutual agreement of the Parties.
J. The award and decision of the arbitrator will be binding on the Parties, except that either Party may seek judicial review of the arbitrator’s decision solely for consideration of one or more of the following: (1) whether the award was procured by corruption, fraud, or other undue means; (2) whether the decision on any issue is arbitrary and capricious, i.e., there is no competent evidence in the record to support the decision; (3) whether the decision on any issue was reached without considering the factors listed above in subsection E; or (4) whether the award and decision imposes language that falls outside the authority of the Board to implement.
SECTION 3 - During impasse resolution proceedings conducted pursuant to this Addendum, the compensation, hours, and other terms and conditions of employment set forth in this Agreement may not be changed except by the Parties’ written agreement, but any such agreement shall be without prejudice to either Party’s rights or position in the impasse resolution proceedings.
13 SOUTH METRO FIRE RESCUE FIRE PROTECTION DISTRICT BOARD AGENDA
MEETING DATE: 12/7/2020
AGENDA ITEM TYPE: DISCUSSION ITEM
SUBJECT: 2021 Board Meeting Strategy
BACKGROUND: Staff would like feedback from the board about the frequency and topics of board meeting for 2021. Attached is an approach that would accomplish several goals expressed by the board in the past (continued orientation/familiarization with the organization; meet in different locations; hear from cities/counties that we serve; discuss topics prior to taking action when necessary), as well as keep discussions on track should we decide that an election is necessary in 2021 for any additional, voter-approved funding sources. We look forward to any additional input.
RECOMMENDATION: Discussion only.
SUBMITTED BY: Mike Dell’Orfano APPROVED BY: Bob Baker 2021 Board of Director Meeting Outline
Month Regular Meeting Special Meeting Other General Info 2021 board meeting schedule/posting Disaster declaration? Final staff compensation report
January Service plan modification discussion
Lockheed Martin inclusion Jackson Training Center Station #20 completion Disaster declaration? 2020 budget review Emergency Mgmt & COVID overview Financial planning
February EMS program overview
Disaster declaration? Station #20 Financial planning Partner agency update - Highlands Ranch March
Telecommunicator's Week proclamation Joint Services Facility Accreditation site visit potential Disaster declaration? Financial planning Accreditation hearing potential MetCom program overview Training/Fleet tour & program overview April
Wildfire mitigation program overview Station #11 Volunteer pension board Accreditation site visit potential Financial planning w/ AV estimates • election process approval Accreditation hearing potential Partner agency update-Littleton • benefits analysis May
Audit TBD Accreditation hearing potential CAFR Local 2086 working agreement discussion Annual SDA legal training 1st quarter investment presentation June Final direction on November, 2021 election
Station #15 Accreditation hearing potential Partner agency update - Centennial Report to counties for coordinated election? July
November, 2021 election resolution? Station #21 Volunteer pension board Partner agency update - Arapahoe Co • election results, swearing in • election of officers August
SDA conference 9/15-17 2022 budget discussion September
Draft budget discussion Station #41 2022 Board election overview Strategic plan update
October Partner agency update - Parker
Budget public hearing Volunteer pension board November
Budget approval 2022 meeting schedule discussion Local 2086 working agreement approval December SOUTH METRO FIRE RESCUE FIRE PROTECTION DISTRICT BOARD OF DIRECTORS & SOUTH METRO VOLUNTEER FIREFIGHTER PENSION BOARD OF TRUSTEES REGULAR MEETING SCHEDULE 2021
SMFR SMFR Volunteer Regular District Special District FF Pension BOT Meetings Meetings Meetings
January 4 February 1 February 15 March 1 March 15 April 5 April 19 May 3 May 17 May 3 June 7 June 21 July 5* July 19 August 2 August 16 August 2 September 6* September 20 October 4 October 18 November 1 November 1 December 6
*Meeting dates need to be adjusted to avoid conflict with holidays
All meetings are scheduled to be held at 9195 East Mineral Avenue, Centennial, CO
South Metro Fire Rescue Fire Protection District Board of Directors & South Metro Fire Rescue Fire Protection District Volunteer FF Pension Board of Trustees meetings will begin at 6:00 p.m. and run in succession, unless scheduled otherwise.
South Metro Fire Rescue - EMS Bureau Quarterly Performance — Third Quarter 2020
CALLS FOR SERVICE (In District) Calls by Category 2016 2017 2018 2019 2020 Q3 Examples Alarms 2,156 2,145 2,732 4,321 3,042 Fire Alarm Activation (no fire) EMS 10,992 11,296 14,802 26,903 19,019 Medical Problem, Injury Vehicle Crash Fires 370 383 483 669 750 Structure, Wildfire, Vehicle Other 1,271 1,442 1,689 2,662 1,932 Cancelled Enroute, Explosion, Standby Public Assist 2,893 3,245 4,053 6,728 4,638 Smoke Investigation, Water Leak, Lock-Out, Police Matter Special Ops 100 118 161 268 183 Structure Collapse, Hazmat Release, Water Rescue Total Calls 17,782 18,629 23,920 41,470 29,564 Aid Given 1,053 1,424 2,412 1,453 937 Aid Received 1,175 1,232 1,680 1,358 696 *Aid Received is based on outside units dispatched and responding
Incidents by Category Medical vs. Trauma Special Ops 1% Alarms Medical 12,992 10%
Public Medical Assist & Trauma 767 16% EMS 64% Other Trauma 4,054 6%
Fires 0 5,000 10,000 15,000 3% Incident Count
EMS Call Trend
2016 2017 2018 2019 2020
3000
2500
2000
1500
1000
500
0 January February March April May June July August September October November December
Quarter 3, Fiscal Year 2020 1 January 1, 2020 — September 30, 2020 South Metro Fire Rescue - EMS Bureau Quarterly Performance — Third Quarter 2020
Top 10 Primary Impressions by Medic 4,000
3,444 3,000
2,000
1,000 1,094 1,079 955 901 854 832 802 688 434 - Injury Generalized Altered Acute Syncope / Chest Pain / Abdominal Seizures Alcohol use Back Pain Weakness Mental Respiratory Fainting Discomfort Pain Status Distress (Dyspnea)
Quarter 3, Fiscal Year 2020 2 January 1, 2020 — September 30, 2020 South Metro Fire Rescue - EMS Bureau Quarterly Performance — Third Quarter 2020
Unit Responses Transports Medic Volume by BC District 5,000
4,022 3,893 4,000
2,987 3,000
2,276 2,365 2,177 2,141 2,000 1,643 1,237 1,306
1,000
- BC District 1 BC District 2 BC District 3 BC District 4 BC District 5
Unit Responses Transports Volume by Medic Unit 2000 1800 1719 1691 1600 1515 1483 1423 1431 1360 1359 1400 1248 1264 1282 1267 1185 1200 1099 984 942 919 957 1000 850 854 861 823 796 794 787 775 750 768 735 800 699 670 710 691 600 488 435 449 425 376377 400 326 200 7 0 0 2 0
Medic Unit EMS EXPERIENCE (In District) In District EMS Activity 2016 2017 2018 2019 2020 Q3 Total Transports by SMFR 7,110 7,350 9,730 18,587 13,059 Non-Emergent Transports by SMFR 6,410 6,551 8,876 16,661 11,657 Emergent Transports by SMFR 700 799 854 1,926 1,402 % Emergent Transport Trips 10% 11% 9% 10% 11% Transports by Auto Aid Agency 232 284 269 269 162 Transports by Private Ambulance 128 125 179 159 94 ARM Car Responses (includes all calls dispatched) 647 496 599 450 431
Quarter 3, Fiscal Year 2020 3 January 1, 2020 — September 30, 2020 South Metro Fire Rescue Quarterly Performance — Third Quarter 2020 * 2019 data includes the unification with Littleton Fire, 2018 data includes the unification with Cunningham Fire CALLS FOR SERVICE (In District) Calls by Category 2016 2017 2018 2019 2020 Q3 Examples Alarms 2,156 2,145 2,732 4,321 3,042 Fire Alarm Activation (no fire) EMS 10,992 11,296 14,802 26,903 19,019 Medical Problem, Injury Vehicle Crash Fires 370 383 483 669 750 Structure, Wildfire, Vehicle Other 1,271 1,442 1,689 2,662 1,932 Cancelled Enroute, Explosion, Standby Public Assist 2,893 3,245 4,053 6,728 4,638 Smoke Investigation, Water Leak, Lock-Out, Police Matter Special Ops 100 118 161 268 183 Structure Collapse, Hazmat Release, Water Rescue Total Calls 17,782 18,629 23,920 41,470 29,564 Aid Given 1,053 1,424 2,412 1,453 937 Aid Received 1,175 1,232 1,680 1,358 696 *Aid Received is based on outside units dispatched and responding
Alarm Calls (In District) EMS Calls (In District)
450 3000 400 2500 350 300 2016 2000 2016 250 1500 200 2017 2017 150 2018 1000 2018 100 500 50 2019 2019 0 0 2020 Q3 2020 Q3
Fire Calls (In District) Other Calls (In District)
180 300 160 250 140 120 2016 200 2016 100 150 80 2017 2017 60 2018 100 2018 40 50 20 2019 2019 0 0 2020 Q3 2020 Q3
Public Assist Calls (In District) Special Ops Calls (In District)
700 40 600 35 30 500 2016 2016 400 25 2017 20 300 2017 15 200 2018 10 2018 100 2019 5 2019 0 0 2020 Q3 2020 Q3
* Incident Type categories were updated in 2015, resulting in lower Special Ops counts and higher Public Assist counts.
Quarter 3, Fiscal Year 2020 1 January 1, 2020 — September 30, 2020 South Metro Fire Rescue Quarterly Performance — Third Quarter 2020 * 2019 data includes the unification with Littleton Fire, 2018 data includes the unification with Cunningham Fire
2020 Q3 Emergent Responses by Station District In District Incidents with Any First Arriving Unit (i.e. Includes Aid Units) Turnout Travel Total Response Number of Calls by Incident Type Station 90th % Met 90th % Met 90th % Met Public Special District Percentile Goal Percentile Goal Percentile Goal Alarms EMS Fire Other Assist Ops Total 11 01:52 71 06:55 71 08:38 82 91 850 34 54 92 4 1,125 12 01:51 70 05:58 80 07:48 88 114 828 31 48 64 3 1,088 13 01:57 72 06:49 70 08:56 77 77 766 21 72 71 3 1,010 14 01:40 82 05:48 82 07:18 93 48 471 8 20 34 1 582 15 01:47 75 05:33 85 07:15 93 57 590 11 33 62 4 757 16 01:42 80 07:10 55 08:55 74 51 775 19 35 47 2 929 17 01:46 73 06:51 71 08:43 81 125 895 26 40 87 2 1,175 18 01:43 78 07:16 65 09:12 75 105 836 42 47 91 6 1,127 19 01:55 80 08:26 65 10:25 71 28 211 7 42 23 3 314 21 01:59 62 05:37 84 07:45 89 115 860 31 78 83 4 1,171 22 01:59 60 07:03 84 09:00 92 38 306 14 13 37 2 410 23 01:52 65 07:06 72 09:17 81 74 655 21 47 55 0 852 31 01:59 59 06:15 80 08:15 87 96 575 17 21 47 7 763 32 01:56 67 05:34 89 07:33 92 130 616 22 48 82 1 899 33 01:57 64 05:49 81 07:47 89 73 659 21 47 71 5 876 34 01:59 62 05:49 85 07:54 90 154 865 21 54 120 4 1,218 35 02:06 54 06:16 79 08:13 87 138 591 29 52 57 25 892 36 01:59 63 07:06 91 09:02 95 21 306 13 20 45 1 406 37 01:51 75 05:58 92 07:54 94 31 236 5 30 28 0 330 38 02:02 57 06:54 87 09:10 88 57 148 9 33 21 1 269 39 01:57 55 07:24 84 09:23 88 14 84 4 19 20 1 142 40 02:07 69 10:54 94 12:37 97 11 92 14 20 19 3 159 41 01:59 58 06:11 82 08:11 87 78 698 31 37 75 1 920 42 01:54 60 05:47 90 07:48 93 99 623 24 33 71 1 851 43 02:10 52 08:48 84 10:51 84 12 136 5 14 22 0 189 44 01:58 63 06:33 87 08:39 89 86 579 28 33 61 1 788 45 01:58 62 06:13 82 08:12 87 110 723 29 36 82 5 985 46 02:02 63 07:37 83 09:45 86 39 265 19 13 36 2 374 47 02:03 59 09:59 84 12:14 86 9 73 10 15 9 0 116 Total01:55 67 06:35 79 08:34 86 2,081 15,312 566 1,054 1,612 92 20,717 *The “90th percentile” times represent how we perform 90% of the time, this also includes outside agencies responding into the SMFR district.
2020 Q3 Total Response Time Compliance, Any First On Scene Unit 120
100 97 93 93 92 92 95 94 93 80 88 89 87 89 90 87 88 88 87 89 87 86 86 82 81 81 84 77 74 75 60 71
40 Percent Met Goal 20
0 11 12 13 14 15 16 17 18 19 21 22 23 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Station District
Quarter 3, Fiscal Year 2020 2 January 1, 2020 — September 30, 2020 South Metro Fire Rescue Quarterly Performance — Third Quarter 2020 * 2019 data includes the unification with Littleton Fire, 2018 data includes the unification with Cunningham Fire
2020 Q3 Emergent Responses by Station District In District Incidents with First Arriving SMFR Units Only Turnout Travel Total Response Number of Calls by Incident Type Station 90th % Met 90th % Met 90th % Met Public Special District Percentile Goal Percentile Goal Percentile Goal Alarms EMS Fire Other Assist Ops Total 11 01:52 71 06:53 71 08:36 82 91 848 34 54 92 4 1,123 12 01:51 70 05:58 80 07:48 88 114 828 31 48 64 3 1,088 13 01:44 77 06:51 69 08:42 81 67 729 21 48 70 3 938 14 01:40 82 05:48 82 07:18 93 48 471 8 20 34 1 582 15 01:47 75 05:33 85 07:15 93 57 590 11 33 62 4 757 16 01:42 80 07:10 55 08:54 74 50 774 19 35 47 2 927 17 01:46 73 06:51 71 08:43 81 125 895 26 40 87 2 1,175 18 01:43 78 07:16 65 09:12 75 105 836 42 47 91 6 1,127 19 01:37 85 08:26 63 10:20 75 28 199 7 34 22 3 293 21 01:58 62 05:37 84 07:38 90 113 853 31 77 83 4 1,161 22 01:59 60 07:03 84 09:00 92 38 306 14 13 37 2 410 23 01:52 65 07:06 72 09:15 81 74 652 21 47 55 0 849 31 01:59 59 06:15 80 08:15 87 96 575 17 21 47 7 763 32 01:56 67 05:34 89 07:33 92 130 616 22 48 82 1 899 33 01:57 64 05:49 81 07:47 89 73 658 21 47 71 5 875 34 01:59 62 05:49 85 07:54 90 154 865 21 54 120 4 1,218 35 02:05 54 06:16 79 08:13 87 138 589 29 52 57 25 890 36 01:59 63 07:06 91 09:02 95 21 306 13 20 45 1 406 37 01:51 75 05:58 92 07:54 94 31 236 5 30 28 0 330 38 02:02 57 06:54 87 09:10 88 57 148 9 33 21 1 269 39 01:57 55 07:24 84 09:23 88 14 84 4 19 20 1 142 40 01:58 71 10:54 94 12:37 97 11 88 14 20 19 3 155 41 01:59 58 06:11 82 08:11 87 78 698 31 37 75 1 920 42 01:55 60 05:47 90 07:49 93 99 621 24 33 71 1 849 43 01:58 56 08:48 85 10:51 86 11 124 5 13 22 0 175 44 01:58 63 06:33 87 08:39 89 86 579 28 33 61 1 788 45 01:58 62 06:13 82 08:12 87 110 722 29 36 82 5 984 46 01:54 67 07:54 81 09:49 86 35 248 18 10 35 1 347 47 02:03 59 09:59 84 12:14 86 9 72 10 15 9 0 115 Total01:54 67 06:35 79 08:31 86 2,063 15,210 565 1,017 1,609 91 20,555 *The “90th percentile” times represent how we perform 90% of the time, includes only incidents where a SMFR unit arrived on scene first.
2020 Q3 Total Response Time Compliance, SMFR First On Scene 120
100 97 93 93 92 92 95 94 93 80 88 90 87 89 90 87 88 88 87 86 89 87 86 86 82 81 81 81 74 75 75 60
40 Percent Met Goal 20
0 11 12 13 14 15 16 17 18 19 21 22 23 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Station District
Quarter 3, Fiscal Year 2020 3 January 1, 2020 — September 30, 2020 South Metro Fire Rescue Quarterly Performance — Third Quarter 2020 * 2019 data includes the unification with Littleton Fire, 2018 data includes the unification with Cunningham Fire RESPONSE TIME COMPLIANCE (In District, Emergent) 2016 2017 2018 2019 2020 Q3 1st Unit on Scene 90th PCTL % Met Goal 90th PCTL % Met Goal 90th PCTL % Met Goal 90th PCTL % Met Goal 90th PCTL % Met Goal Dispatch (1:00 @ 90%) 0:48 97% 0:49 96% 0:51 96% 0:48 98% 0:46 98% Turnout (1:30 @ 90%) 1:56 66% 1:58 65% 1:54 69% 1:50 75% 1:55 67% Travel - Urban (5:12 @ 90%) 5:31 86% 5:27 87% 5:41 85% 6:02 80% 6:18 76% Travel - Suburban (6:30 @ 90%) 6:49 88% 6:25 90% 6:36 89% 6:41 88% 6:43 88% Travel - Rural (13:00 @ 90%) 8:19 98% 8:21 98% 8:30 98% 9:09 97% 9:50 98% Total Response Time (90%) 8:13 91% 8:03 92% 8:14 90% 8:13 89% 8:34 86%
2nd Unit on Scene 90th PCTL % Met Goal 90th PCTL % Met Goal 90th PCTL % Met Goal 90th PCTL % Met Goal 90th PCTL % Met Goal Turnout (1:30 @ 90%) 1:56 67% 2:00 65% 1:55 70% 1:53 74% 1:55 69% Travel - Urban (10:24 @ 90%) 7:48 95% 7:35 95% 7:59 95% 8:13 95% 8:18 95% Travel - Suburban (10:24 @ 90%) 9:34 92% 9:39 92% 9:16 93% 9:03 94% 9:16 93% Travel - Rural (18:12 @ 90%) 10:50 98% 11:21 97% 11:17 99% 12:08 98% 12:23 98% Total Response Time (90%) 10:41 97% 10:47 97% 10:52 97% 10:44 97% 11:04 98% First On Scene by Population Density (In District, Emergent) 2020 Q3 Dispatch Turnout Travel Total In District Calls 90th PCTL % Met Goal 90th PCTL % Met Goal 90th PCTL % Met Goal 90th PCTL % Met Goal Urban 15,973 00:46 98% 1:54 68% 6:18 76% 8:14 84% Suburban 2,976 00:47 98% 2:00 63% 6:43 88% 8:48 91% Rural 966 00:50 96% 1:59 63% 9:50 98% 11:49 98% Overall 19,915 00:46 98% 1:55 67% 6:35 79% 8:34 86% FIRE EXPERIENCE (In District) In District Fire Activity 2016 2017 2018 2019 2020 Q3 Structure Fires (NFIRS 111-124) 105 106 161 277 195 Fires Contained to Room of Origin 99 89 137 242 165 % Fires Contained to Room of Origin 89% 94% 85% 87% 85% Sprinkler Head Activations 4 2 9 12 9 Total P & C Pre-Incident Value $17,110,680 $17,324,166 $157,650,472 $376,633,627 $236,580,404 Total P & C Loss $678,680 $787,897 $10,527,076 $9,680,155 $6,302,844 Total Assessed P & C Value Saved $16,432,000 $16,536,269 $147,123,396 $366,953,472 $230,277,560 Wildland Fires (NFIRS 140-143, 170-173) 78 85 79 57 127 EMS EXPERIENCE (In District) In District EMS Activity 2016 2017 2018 2019 2020 Q3 Total Transports by SMFR 7,110 7,350 9,730 18,587 13,059 Non-Emergent Transports by SMFR 6,410 6,551 8,876 16,661 11,657 Emergent Transports by SMFR 700 799 854 1,926 1,402 % Emergent Transport Trips 10% 11% 9% 10% 11% Transports by Auto Aid Agency 232 284 269 269 162 Transports by Private Ambulance 128 125 179 159 94 ARM Car Responses (includes all calls dispatched) 647 496 599 450 431
*Private ambulance transports include air medical transport
Quarter 3, Fiscal Year 2020 4 January 1, 2020 — September 30, 2020 South Metro Fire Rescue Quarterly Performance — Third Quarter 2020 * 2019 data includes the unification with Littleton Fire, 2018 data includes the unification with Cunningham Fire
Incidents by Category - 2020 Q3 Special Ops Subcategory - 2020 Q3
Special Ops Wildland 1% Alarms 61% 10%
Public Assist 16%
Rescue EMS Other 3% 6% 64% Hazmat ARFF 13% 11% Fires Dive 3% 12%
2020 Q3 - In District Responses Left bar shows All Responses, Right bar shows Emergent Responses 1,900 1,800 1,700 1,809 1,600 1,802 1,500
1,400 1,608 1,572 1,547
1,300 1,514 1,200 1,378 1,374 1,356
1,100 1,297 1,262 1,237 1,218
1,000 1,192 1,175 1,174 1,171 1,170 1,163 1,127 1,125 1,099 1,096
900 1,088 1,054 985
800 1,010 929 920 899 892 876 852 700 851 788 763 600 757
500 643 611 582
400 541
300 465 410 407 406 374 200 357 330 314 269 100 265 199 142 217 159 189 155 116 0 11 12 13 14 15 16 17 18 19 21 22 23 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Station District
Aid Given and Received
Aid Given - 2020 Q3 Aid Received - 2020 Q3
Aurora: 120 65 Aurora: 65 120 0 Bennett: 17 30 4 Bennett: 0 17
68 Castle Rock: 68 Castle Rock: 30 307 138 Denver: 266 Denver: 4 297 Non-Fire Agency: 0 Non-Fire Agency: 138
Other: 55 266 Other Fire Agency: 155
West Douglas: 104 West Douglas: 7 104 155 7 55 0 West Metro: 307 West Metro: 297
Quarter 3, Fiscal Year 2020 5 January 1, 2020 — September 30, 2020 MetCom Bureau Update November 2020
GIS Day 2020 Article by: Kim McAndrews
South Metro’s GIS and Analytics team didn’t let the pandemic stop them from hosting their 2nd annual GIS Day celebration. Though in person interaction and a delicious cake were sorely missed, they offered several short virtual sessions on a variety of topics, a fun South Metro geography quiz Story Map, and of course a prize that was randomly selected from the quiz participants.
Session topics covered PrePlans, the debut of Community Risk Reduction’s Firefighter for a Day Story Map, Power BI, a FireView demonstration, ArcGIS Portal and ArcGIS Online, and a Question and Answer session with all of GIS and Analytics. We increased the number of ArcGIS Portal users by 30%!
Congratulations to Kim Spuhler who won the Swiss Colony snack box prize, and thank you to all who participated!
Shows a map of all
Forecasts in the state GIS and Analytics Staff Spotlight
Kim McAndrews is the GIS and Analytics Manager. She has been with South Metro for over 12 years, being hired as a GIS and PrePlan Technician. She grew up in this area and attended Littleton High School. She attended the University of Portland for her bachelor’s and the University of Denver for her masters. She enjoys vacations in warm, sandy locations and spending time with her family. Site Recommendation: Mars: Observing the Red Planet
Heather Hoelting is a Senior GIS Specialist and has been at South Metro for 5 years. She is dedicated to data integrity and proficient in her GIS skills, providing customers a reliable mapping product they can confidently use and depend on. She hails from a small ranch in Northeast Texas, and when not deep in mapping space, Heather enjoys golfing, collecting maps and vinyl, and riding her motorcycle. Site Recommendation: Data is Beautiful
Page 1 MetCom Bureau Update November 2020
GIS and Analytics Staff Spotlight
Austen Hawley joined South Metro in June of this year after finishing her master’s degree in Geography and Water Resources at the University of Wyoming. She did not like her first GIS class in college, but once Austen saw the power and versatility of using GIS she was hooked. During her free time she tries to get outdoors, and she hasn’t seen a map the same since working with GIS. Site Recommendation: Hydro Hierarchy
Mark Stevens is our Business Intelligence Analyst. He has been with South Metro for 7 years. He coordinates the joining of disparate data sources through the data warehouse and other means. He creates various reports in Power BI, SSRS and Excel as needed. Site Recommendations: Johns Hopkins COVID19 Resource Center Havens Consulting Storytelling with Data
Warren Wu is our Fire Service Data Analyst. He came to South Metro after a decade in finance and energy trading. He grew up in the area, went to Cherry Creek High School, then studied Computer Engineering and Math at Metro State and CU. Site Recommendations: Tableau Public
Page 2 MetCom Bureau Update November 2020
9/11 Virtual Stair Climb Article by: Jennifer Fossum
Though the 19th Anniversary of the 9/11 Attack happened two months ago, and what would have been the 12th anniversary of the Red Rocks 9/11 Memorial Climb, the COVID year, 2020, has put an interesting twist on these types of events. However, despite crowds not being able to physically gather to pay tribute on the actual anniversary date, that doesn’t mean this stair climb didn’t take place. In fact, the 2020 Colorado 9/11 Memorial Stair Climb became a virtual tribute!
Thousands of people registered online and are making their own personal journey to honor the fallen fire fighters who lost their lives in the World Trade Center collapse. Rather than have it on a single day, the memorial climb has extended the registration and deadline date for all those participating until December 31. The goal is still the same as it would have been had it taken place on Friday, September 11, 2020 – honor those fallen by climbing the equivalent of 110 stories.
Participating for a third year in a row, MetCom had 10 members sign up: CJ Bailes, Kyler Hewes, Sara Shover, Steve Evans, Jennifer Fossum, Matt Whipple, Michelle Warsop, Jenn Koscelnik, Amanda Perkins, and Katey Pratt. They vowed to complete their climb by the end of the year by going to either Red Rocks and completing nine laps around the outer staircases, or the Castle Rock Mini Incline and approximately 10 laps up and down the 200-stair course. Participants are asked to help with the fundraiser that the memorial hosts, whether by asking families or friends for a donation or a contribution themselves. Each registration counts toward the fundraiser, but individuals could go out and collect more for the charitable event. As of November 14th, MetCom's own Jenn Koscelnik is ranked #2 in most money raised for the event! Though there is still another month and a half to go, this is a remarkable contribution that Jenn K. has done for the memory of our fallen fire fighters. Though 19 years ago marked an unforgettable, tragic day in American history, all participants were challenged to not reflect on the sadness and pain felt, but embrace the courage and the remembrance of the firefighters and all those lost that day.
Page 3 MetCom Bureau Update November 2020
Holiday PSA Article by: David Peppard
Another public service announcement for the holiday season.
US-CERT (United States Computer Emergency Readiness Team) reminds users to remain vigilant when browsing or shopping online this holiday season. Emails and ecards from unknown senders may contain malicious links. Fake advertisements or shipping notifications may deliver attachments infected with malware. Spoofed email messages and phony posts on social networking sites may request support for fraudulent causes.
Scams are at an all-time high, and are predicted to be even higher than in 2018 and 2019.
Here are some tips on how to avoid falling for one of these scams: ** Pay close attention to the web address. Scammers will often misspell words in a URL to make it seem like you are going to a trusted website. Be on the lookout for extra letters, odd combinations, and extra affixes at the end of URLs.
** Don’t click links in suspicious messages or emails. Sometimes all it takes for a phishing attack to be successful is for the recipient to click on a malicious link.
** Only shop at trusted online retailers. Shopping at trusted sites will greatly reduce your risk of falling for a phishing attack.
** Look out for poor grammar. In addition to misspelled words, phishing emails are often riddled with other grammatical errors. If the email does not look like something that was professionally edited, you could be looking at a scam.
Please refer to the following links on how to protect yourself and stay safe on the Internet: Holiday Scams and Malware Campaigns
Beware of phishing scams this holiday season Make sure you are protected on the Internet. Protection methods and more useful info can always be found on SMFR’s Cyber Security Page listed on the Q. Here is a direct link as well: https://smfra.sharepoint.com/Security/SitePages/Index.aspx
Happy Holidays from your friendly I.T. Team!
Page 4 MetCom Bureau Update November 2020
Keeping Up with Quality Assurance Article by: Amanda Perkins and Tim Sullivan
MetCom always strives to perform at the highest level possible and with our new quality assurance software we were able to do so. In September 2020 after a brief demo period, MetCom's leadership team implemented a new QA program, Frontline QA Tracker, in order to continue to evaluate 10% of the call volume in a more user friendly way.
When a call is QA’d, each position – call taking, dispatch and radios, are evaluated to make sure standards are being met every step of the way. The new system has great features. Every time an evaluation is completed, it is immediately sent back to the dispatcher for review. The employee can then sign the evaluation acknowledging that is was received and they agree with the score or write a comment on the evaluation for further review. The leadership team has the ability to customize the evaluations in order identify trends -- when negative trends are identified, they can be recognized and corrected immediately. This is another tool MetCom uses to maintain our excellence in emergency dispatching standards.
IT Department: Key Performance Indicators
Having trouble? Call the Help Desk: October 2020 IT Help Desk Ticket Stats Ext. 2440 During October, a total of 182 IT Help OPTION 1 — IT Department Desk tickets were opened. OPTION 2 — Logistics This year to date, IT has closed 2,410 OPTION 3 — Fleet Help Desk Tickets. OPTION 4 — Facilities
South Metro Fire Rescue, 9195 E Mineral Avenue, Centennial, CO 80112 Phone: 720-258-8911 Page 5 MetCom Bureau Update November 2020
GIS Day 2020 Article by: Kim McAndrews
South Metro’s GIS and Analytics team didn’t let the pandemic stop them from hosting their 2nd annual GIS Day celebration. Though in person interaction and a delicious cake were sorely missed, they offered several short virtual sessions on a variety of topics, a fun South Metro geography quiz Story Map, and of course a prize that was randomly selected from the quiz participants.
Session topics covered PrePlans, the debut of Community Risk Reduction’s Firefighter for a Day Story Map, Power BI, a FireView demonstration, ArcGIS Portal and ArcGIS Online, and a Question and Answer session with all of GIS and Analytics. We increased the number of ArcGIS Portal users by 30%!
Congratulations to Kim Spuhler who won the Swiss Colony snack box prize, and thank you to all who participated!
Shows a map of all
Forecasts in the state GIS and Analytics Staff Spotlight
Kim McAndrews is the GIS and Analytics Manager. She has been with South Metro for over 12 years, being hired as a GIS and PrePlan Technician. She grew up in this area and attended Littleton High School. She attended the University of Portland for her bachelor’s and the University of Denver for her masters. She enjoys vacations in warm, sandy locations and spending time with her family. Site Recommendation: Mars: Observing the Red Planet
Heather Hoelting is a Senior GIS Specialist and has been at South Metro for 5 years. She is dedicated to data integrity and proficient in her GIS skills, providing customers a reliable mapping product they can confidently use and depend on. She hails from a small ranch in Northeast Texas, and when not deep in mapping space, Heather enjoys golfing, collecting maps and vinyl, and riding her motorcycle. Site Recommendation: Data is Beautiful
Page 1 MetCom Bureau Update November 2020
GIS and Analytics Staff Spotlight
Austen Hawley joined South Metro in June of this year after finishing her master’s degree in Geography and Water Resources at the University of Wyoming. She did not like her first GIS class in college, but once Austen saw the power and versatility of using GIS she was hooked. During her free time she tries to get outdoors, and she hasn’t seen a map the same since working with GIS. Site Recommendation: Hydro Hierarchy
Mark Stevens is our Business Intelligence Analyst. He has been with South Metro for 7 years. He coordinates the joining of disparate data sources through the data warehouse and other means. He creates various reports in Power BI, SSRS and Excel as needed. Site Recommendations: Johns Hopkins COVID19 Resource Center Havens Consulting Storytelling with Data
Warren Wu is our Fire Service Data Analyst. He came to South Metro after a decade in finance and energy trading. He grew up in the area, went to Cherry Creek High School, then studied Computer Engineering and Math at Metro State and CU. Site Recommendations: Tableau Public
Page 2 MetCom Bureau Update November 2020
9/11 Virtual Stair Climb Article by: Jennifer Fossum
Though the 19th Anniversary of the 9/11 Attack happened two months ago, and what would have been the 12th anniversary of the Red Rocks 9/11 Memorial Climb, the COVID year, 2020, has put an interesting twist on these types of events. However, despite crowds not being able to physically gather to pay tribute on the actual anniversary date, that doesn’t mean this stair climb didn’t take place. In fact, the 2020 Colorado 9/11 Memorial Stair Climb became a virtual tribute!
Thousands of people registered online and are making their own personal journey to honor the fallen fire fighters who lost their lives in the World Trade Center collapse. Rather than have it on a single day, the memorial climb has extended the registration and deadline date for all those participating until December 31. The goal is still the same as it would have been had it taken place on Friday, September 11, 2020 – honor those fallen by climbing the equivalent of 110 stories.
Participating for a third year in a row, MetCom had 10 members sign up: CJ Bailes, Kyler Hewes, Sara Shover, Steve Evans, Jennifer Fossum, Matt Whipple, Michelle Warsop, Jenn Koscelnik, Amanda Perkins, and Katey Pratt. They vowed to complete their climb by the end of the year by going to either Red Rocks and completing nine laps around the outer staircases, or the Castle Rock Mini Incline and approximately 10 laps up and down the 200-stair course. Participants are asked to help with the fundraiser that the memorial hosts, whether by asking families or friends for a donation or a contribution themselves. Each registration counts toward the fundraiser, but individuals could go out and collect more for the charitable event. As of November 14th, MetCom's own Jenn Koscelnik is ranked #2 in most money raised for the event! Though there is still another month and a half to go, this is a remarkable contribution that Jenn K. has done for the memory of our fallen fire fighters. Though 19 years ago marked an unforgettable, tragic day in American history, all participants were challenged to not reflect on the sadness and pain felt, but embrace the courage and the remembrance of the firefighters and all those lost that day.
Page 3
MetCom Bureau Update November 2020
Holiday PSA Article by: David Peppard
Another public service announcement for the holiday season.
US-CERT (United States Computer Emergency Readiness Team) reminds users to remain vigilant when browsing or shopping online this holiday season. Emails and ecards from unknown senders may contain malicious links. Fake advertisements or shipping notifications may deliver attachments infected with malware. Spoofed email messages and phony posts on social networking sites may request support for fraudulent causes.
Scams are at an all-time high, and are predicted to be even higher than in 2018 and 2019.
Here are some tips on how to avoid falling for one of these scams: ** Pay close attention to the web address. Scammers will often misspell words in a URL to make it seem like you are going to a trusted website. Be on the lookout for extra letters, odd combinations, and extra affixes at the end of URLs.
** Don’t click links in suspicious messages or emails. Sometimes all it takes for a phishing attack to be successful is for the recipient to click on a malicious link.
** Only shop at trusted online retailers. Shopping at trusted sites will greatly reduce your risk of falling for a phishing attack.
** Look out for poor grammar. In addition to misspelled words, phishing emails are often riddled with other grammatical errors. If the email does not look like something that was professionally edited, you could be looking at a scam.
Please refer to the following links on how to protect yourself and stay safe on the Internet:
Holiday Scams and Malware Campaigns
Beware of phishing scams this holiday season
Make sure you are protected on the Internet. Protection methods and more useful info can always be found on SMFR’s Cyber Security Page listed on the Q. Here is a direct link as well: https://smfra.sharepoint.com/Security/SitePages/Index.aspx
Happy Holidays from your friendly I.T. Team!
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MetCom Bureau Update November 2020
Keeping Up with Quality Assurance Article by: Amanda Perkins and Tim Sullivan
MetCom always strives to perform at the highest level possible and with our new quality assurance software we were able to do so. In September 2020 after a brief demo period, MetCom's leadership team implemented a new QA program, Frontline QA Tracker, in order to continue to evaluate 10% of the call volume in a more user friendly way.
When a call is QA’d, each position – call taking, dispatch and radios, are evaluated to make sure standards are being met every step of the way. The new system has great features. Every time an evaluation is completed, it is immediately sent back to the dispatcher for review. The employee can then sign the evaluation acknowledging that is was received and they agree with the score or write a comment on the evaluation for further review. The leadership team has the ability to customize the evaluations in order identify trends -- when negative trends are identified, they can be recognized and corrected immediately. This is another tool MetCom uses to maintain our excellence in emergency dispatching standards.
IT Department: Key Performance Indicators
Having trouble? Call the Help Desk: October 2020 IT Help Desk Ticket Stats Ext. 2440 During October, a total of 182 IT Help OPTION 1 — IT Department Desk tickets were opened. OPTION 2 — Logistics This year to date, IT has closed 2,410 OPTION 3 — Fleet Help Desk Tickets. OPTION 4 — Facilities
South Metro Fire Rescue, 9195 E Mineral Avenue, Centennial, CO 80112 Phone: 720-258-8911 Page 5
From: Derani, Sara Sent: Thursday, November 5, 2020 3:43 PM To: #EMS Bureau Assistants Subject: Thank You for Saving our daughter's Life !!
Hello, I am the mother of a daughter who was in a horrific car accident in Highlands Ranch. Our daughter was the passenger.
Our daughter is still currently in ICU at Littleton Adventist Hospital (where the Ambulance took her) fighting for the quality of her life. Upon getting to the ER on the night of, we do recall the EMT’s letting the doctors and us know that she was unconsciousness and they had to intubate her on the scene as she was not responding and having difficulties breathing. This split-second decision by the EMT’s has proven to be life saving for our daughter. We would like to extend our sincerest thank you’ s to these particular EMT’s that took such great care of her at the scene of the accident. Her journey and road to recovery started with them and we know she would not be here if it weren’t for their life saving immediate actions. THANK YOU! Please let them know that Kaitlynn has a CaringBridge site if they are interested in following along on her road to recovery as well as extending prayers for her. The Holly Spirit told me on day 1 she would make a full recovery and the Holly Spirit told her dad on day 3, Kaitlynn would be a living testament of God’s Glory and miracle healing.
Visit Kaitlynn's Site: https://caringbridge.org/visit/kaitlynnderani Site Name: kaitlynnderani
They also stated they had to either cut the seatbelt or unbuckle her to remove her from the car. We were in bit of a shock this night, so a lot of the details are fuzzy.
South Metro Team….you are all Heroes!
Thank you, MADE WITH PAPER FROM WELL-MANAGED FORESTS -----Original Message----- From: James Breese Sent: Wednesday, November 4, 2020 1:53 PM To: #EMS Bureau Assistants Subject: records about a bicycle accident
HI I am seeking an incident/medical report of your treatment of me. I was involved in a bike accident in Cherry Creek State Park.
I want to thank you very, very much for your excellent treatment. I was apparently unconscious when your ambulance arrived. I was taken to Swedish Hospital ER and then the ICU. I “came to” in the ambulance.
I am recovering, but suffered six broken ribs in addition to the concussion.