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2020-01-21 (Regular) Meeting Agenda Packet
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy – Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Tuesday, January 21, 2020 ♦ 7:00 PM City Offices will be closed on January 20, 2020, for Martin Luther King Jr. Holiday. The City Council Meeting will be held on Tuesday, January 21, 2020. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of January 6, 2020. City Council Regular - 06 Jan 2020 - Minutes - Pdf 6. Appointments, Communications, Proclamations, and Recognition a. Council Member Cheryl Wink will be recognized for her appointment to a national committee. b. Resolution appointing members to various boards, committees and commissions. Pdf c. Resolutions appointing members to Planning and Zoning Commission Pdf 7. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. Only those who meet the deadline can speak in this section. This is an opportunity for the public to address City Council. Ther e is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes. Written materials for presentation to Coun cil may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. a. Lorena Gaibor, an Englewood resident, will address Council regarding Short Term Rentals (STR's). b. Ida May Nicholl, an Englewood resident, will address Council. c. Tim Brown will address Council regarding the tax increase on recreational marijuana in Englewood. d. Marcy Brown, an Englewood resident, will address Council. Page 1 of 394 Englewood City Council Regular Agenda January 21, 2020 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. e. Pamela Beets, an Englewood resident, will address Council. f. Doug Cohn, an Englewood resident, will address Council regarding Englewood's history. 8. Recognition of Unscheduled Public Comment Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion. Written materials fo r presentation to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB 02 - IGA with Denver Urban Area Security Initiative (UASI) Pdf Staff recommends City Council approve a Bill for an Ordinance authorizing an IGA with the City and County of Denver for The City of Englewood to participate and be a member of UASI. Staff: Police Commander Tim Englert ii. CB 03 - Amendment to IGA between Arapahoe County and Englewood Police DTRS Pdf Staff recommends City Council approve a Bill for a Ordinance authorizing this amendment to the original Intergovernmental Agreement between Arapahoe County and the City of Englewood which is a price per radio increase to use the Arapahoe County Digital Trunked Radio System (DTRS). Staff: Police Commander Kelly Martin b. Approval of Ordinances on Second Reading. i. CB 01 - Intergovernmental Agreement (IGA) between Arapahoe County and the City of Englewood, Colorado for Sharing the Cost of a Census Coordinator Position in Arapahoe County Pdf Staff recommends City Council approve, by Ordinance, for entering the City of Englewood into an IGA with Arapahoe County for cost sharing regarding the salary of a temporary Arapahoe County Census Coordinator position. Staff: Senior Planner John Voboril c. Resolutions and Motions i. 2020 Bulk Fuel Purchase Pdf Staff recommends City Council approve, by Resolution, a purchase order in the amount of $413,000 to Hill Petroleum for the purchase of various fuels in 2020, Page 2 of 394 Englewood City Council Regular Agenda January 21, 2020 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. as needed. Staff: Public Works Director Maria D'Andrea ii. Approval Authorization of the Annual Highway User Tax Fund (HUTF) Report Pdf Staff recommends City Council approve, by Motion, the attached Signature Sheet for the Annual HUTF Certification of Condition and Mileage Report to be submitted to the Colorado Department of Transportation (CDOT) by February 3, 2020. Staff: Public Works Director Maria D'Andrea iii. Approval of Change Order with Ground Engineering for Police Headquarters Building Pdf Staff recommends City Council approve Change Order No. 2 with Ground Engineering for additional concrete & structural steel testing related to the Police Headquarters Building Project in the amount of $3,824.00. Staff: Public Works Director Maria D'Andrea iv. Council Liaison Discussion Pdf City Council will have the opportunity to discuss the assignments of Council liaison positions for the upcoming year and assign members of Council to those boards/commissions/committees. Staff: Deputy City Manager Dorothy Hargrove v. VOCA Grant Pdf The Police Department requests permission to apply for the Victims of Crime Act (VOCA) Grant, which would fund a Part-Time Victim Advocate. Staff: Victim Witness Services Coordinator Nancy Wenig vi. AllHealth Network Agreement Pdf Staff recommends City Council approve, by Motion, a contract between the Englewood Police Department and AllHealth Network for mental and behavioral health services partnership. The amount of the proposed contract is $132,002.00. Staff: Police Sergeant Reid McGrath 10. Public Hearing Items a. Public Hearing on the Appeal of Case 2019-12 3146 South Pennsylvania Street, Urban Lot Development Pdf The Community Development Department recommends that City Council consider testimony during Public Hearing on the appeal of Case 2019-12: 3146 South Pennsylvania Street. Staff: Planner I Will Charles 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading Page 3 of 394 Englewood City Council Regular Agenda January 21, 2020 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. i. First Reading - Short Term Rental Ordinance Pdf Staff recommends that City Council Discuss the Short Term Rentals (STR). Staff: Planning Manager Wade Burkholder and Planner II Erik Sampson b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Approval of Council Travel Request Pdf City Council travel authorization for Council member Wink to attend the National League of Cities (NLC) Congressional City Conference in Washington D.C. March 7 - 11, 2020 and travel authorization for Council member Wink to attend the National League of Cities City Summit in Tampa, FL. November 18-21, 2020. 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 4 of 394 MINUTES City Council Regular Meeting Monday, January 6, 2020 1000 Englewood Pkwy – Council Chambers 7:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Olson at 7:03 p.m. 2 Invocation The invocation was given by Council Member Russell 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Russell 4 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Othoniel Sierra Council Member Joe Anderson Council Member Dave Cuesta Council Member Rita Russell Council Member Cheryl Wink COUNCIL ABSENT: Council Member John Stone STAFF PRESENT: City Manager Lewis City Attorney McKenney Brown Deputy City Manager Hargrove City Clerk Carlile Deputy City Clerk McKinnon Director Sobota, Finance and Administrative Director Power, Community Development Director D'Andrea, Public Works Redevelopment Manager Poremba, Community Development Planning Manager Burkholder, Community Development Planner II Sampson, Community Development Economic Development Manager Hollingsworth, Community Development Community Relations Coordinator/PIO Arnoldy, Communications Department Page 1 of 8 Draft Page 5 of 394 City Council Regular January 6, 2020 Communications Specialist Lauricello, Communications Department Chief Collins, Police Department Commander Englert, Police Department Detective Mander, Police Department Officer Martinez, Police Department Officer Hume, Police Department Technical Support Specialist II Munnell, Information Technology 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of December 16, 2019. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 16, 2019. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Cheryl Wink x 6 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Detective Mander was recognized for excellence in investigative work that led to the arrest and conviction of a local man who was abusing teenage boys in Englewood. b) Keep Englewood Beautiful Committee was present to give out awards for the Holiday Lighting Contest. 1st Place - 5041 S Elati St. 2nd Place - 4500 S Lipan St. 3rd Place - 2987 S Cherokee St. Going Green Award - 3639 S Fox St Best New Entry Award - 4329 S Clarkson St. Page 2 of 8 Draft Page 6 of 394 City Council Regular January 6, 2020 Englewood Childhood Tradition Award - 4635 S Knox Ct. 7 Recognition of Scheduled Public Comment a) Elaine Hults, an Englewood resident, addressed Council regarding a full- service city. b) Jerry Walker, an Englewood resident, address Council regarding homelessness. c) Ida May Nicholl, an Englewood resident, addressed Council regarding Museum of Outdoor Arts (MOA). d) Rick Miller was scheduled to address Council regarding short term rentals but chose to speak during the public hearing. e) Sam French, an Englewood resident, was scheduled to address Council regarding short term rentals but chose to speak during the public hearing. f) Marcy Brown, an Englewood resident, addressed Council regarding the Planning and Zoning Commission. g) Kathleen Bailey, an Englewood resident, was scheduled to address Council but was not present. h) Doug Cohn, an Englewood resident, addressed Council regarding City of Englewood history. 8 Recognition of Unscheduled Public Comment a) Beth Borman, an Englewood resident, addressed Council regarding Bio-gas. b) Anthony Plute, an Englewood resident, addressed Council regarding short term rentals. c) Gerald Tindall, an Englewood resident, addressed Council regarding short term rentals. d) Vicki Hoffman addressed Council regarding drainage. e) Aaron Reid, an Englewood resident, addressed Council regarding short term rentals. f) Maureen White, an Englewood resident, addressed Council regarding the Planning and Zoning Commission. Council Member Wink Responded to Public Comment. 9 Consent Agenda Items Moved by Wink seconded by Council Member Anderson to approve Consent Agenda Page 3 of 8 Draft Page 7 of 394 City Council Regular January 6, 2020 Items 9(c)(i-iv). a) Approval of Ordinances on First Reading There were no additional Ordinances on First Reading (See Agenda Item 11(a)(i).) b) Approval of Ordinances on Second Reading. There were no Ordinances on Second Reading. c) Resolutions and Motions i) Designation of the Official Posting Place for Legal Notices RESOLUTION NO. 1, SERIES OF 2020 A RESOLUTION DESIGNATING THE OFFICIAL POSTING PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2020. ii) Appointing hearing officers for 2020 RESOLUTION NO. 2, SERIES OF 2020 A RESOLUTION SETTING THE 2020 LIST OF PERSONS ELIGIBLE FOR APPOINTMENT AS INDEPENDENT HEARING OFFICERS FOR THE CITY OF ENGLEWOOD. iii) Professional Services Agreement with Kaplan Kirsch Rockwell LLP Approval of a one-year option to extend for 2020 the Professional Services Agreement with Kaplan Kirsch Rockwell LLP to serve as Special Counsel in connection with various CityCenter redevelopment matters not to exceed $150,000.00. iv) Vehicle Purchase: Traffic Engineering & Operations Division Vehicles RESOLUTION NO. 3, SERIES OF 2020 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF TWO DODGE BUCKET TRUCKS FROM ALTEC INDUSTRIES, INC. UNDER THE TERMS OF THE SOURCEWELL/NJPA COOPERATIVE PURCHASING AGREEMENT. Moved by Council Member Cheryl Wink Seconded by Council Member Joe Anderson Motion to approve Consent Agenda Items 9(c)(i-v) Page 4 of 8 Draft Page 8 of 394 City Council Regular January 6, 2020 For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Cheryl Wink (Moved By) x 6 0 0 Motion CARRIED. 10 Public Hearing Items a) Public Hearing - Short Term Rental Ordinance Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink TO OPEN THE PUBLIC HEARING FOR PROPOSED AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE, TITLE 16, RELATING TO SHORT TERM RENTALS. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink (Seconded By) x 6 0 0 Motion CARRIED. All testimony was given under oath. Community Development Planning Manager Wade Burkholder and Planner II Erik Sampson presented information regarding the proposed amendments to the Unified Development Code, Title 16, relating to short term rentals. 4 citizens submitted a letter in opposition of Short Term Rentals and were entered into the record. 20 citizens submitted a letter in favor of Short Term Rentals and were entered into the record. 1 citizen submitted a letter that was neutral of Short Term Rentals and was entered into the record. Page 5 of 8 Draft Page 9 of 394 City Council Regular January 6, 2020 Moved by Council Member Joe Anderson Seconded by Council Member Cheryl Wink Motion to accept all emails that were submitted prior to the close of the Public Hearing regarding Short Term Rentals and enter them into the record. For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson (Moved By) x Dave Cuesta x Rita Russell x Cheryl Wink (Seconded By) x 6 0 0 Motion CARRIED. The meeting recessed at 8:48 p.m. for a break. The meeting reconvened at 8:57 p.m. with all Council Members present. 30 citizens spoke in favor of Short Term Rentals. 10 citizens spoke in opposition of Short Term Rentals. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson Motion to hold off on sending out notices until the Regular Meeting on January 21, 2020 for Short Term Rentals. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Cheryl Wink x 4 2 0 Motion CARRIED. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson TO CLOSE THE PUBLIC HEARING FOR PROPOSED AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE, TITLE 16, RELATING TO SHORT Page 6 of 8 Draft Page 10 of 394 City Council Regular January 6, 2020 TERM RENTALS. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Cheryl Wink x 6 0 0 Motion CARRIED. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 01 - Intergovernmental Agreement (IGA) between Arapahoe County and the City of Englewood, Colorado for Sharing the Cost of a Census Coordinator Position in Arapahoe County Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 1, INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO, FOR SHARING THE COST OF A CENSUS COORDINATOR POSITION IN ARAPAHOE COUNTY. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink (Seconded By) x 6 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no Ordinances on Second Reading. Page 7 of 8 Draft Page 11 of 394 City Council Regular January 6, 2020 c) Resolutions and Motions i) Council Liaison Discussion Agenda Item 11(c)(i) was tabled to the January 13, 2020 Meeting. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 12:40 a.m. City Clerk Page 8 of 8 Draft Page 12 of 394 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: City Manager's Office DATE: January 21, 2020 SUBJECT: Resolution appointing members to various boards, committees and commissions. DESCRIPTION: Resolution appointing members to various boards, committees and commissions. RECOMMENDATION: Approve the resolutions appointing members to various boards, committees and commissions. ATTACHMENTS: Resolution Board and Commission Appointment Worksheet Page 13 of 394 1 RESOLUTION NO. SERIES OF 2020 A RESOLUTION APPOINTING MEMBERS TO BOARDS, COMMISSIONS AND COMMITTEES FOR THE CITY OF ENGLEWOOD. WHEREAS, City Council wishes to appoint members to boards, commissions and committees for the City of Englewood; WHEREAS, the names of members and the boards, commissions and committees they will be representing, with term expiration dates are below; and WHEREAS, the City Council wishes to express its gratitude for the volunteerism and service these individuals have agreed to provide to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado, hereby approves the following persons for appointment to boards, commissions and committees to serve at the request of the City Council effective February 1, 2020: 1. Alliance for Commerce in Englewood Term Expires a. Dillon J. Rai – Regular July 1, 2021 2. Board of Adjustment and Appeals a. Angela Schmitz – Regular Feb 1, 2024 b. Thomas Finn – Regular Feb 1, 2024 c. Brendan Thomson – Regular July 1, 2021 3. Code Enforcement Advisory Committee a. Monica Johnson – Regular July 1, 2020 4. Cultural Arts Commission a. Mark Hessling - Reappointment July 1, 2022 5. Fire Pension Board No Applicants Feb 1, 2023 6. Keep Englewood Beautiful a. Robert Stephenson - Reappointment Feb 1, 2022 b. Hedy Anselman – Reappointment Feb 1, 2022 c. Margot Flynn – Reappointment Feb 1, 2022 d. Rachel Palya – Regular Feb 1, 2022 e. Julie Parker – Regular Feb 1, 2021 f. No applicant – Regular Feb 1, 2022 7. Malley Center Trust Fund a. Bobbie Harris - Reappointment Feb 1, 2023 Page 14 of 394 2 8. Non-Emergency Retirement Board a. James Phelps - Reappointment Feb 1, 2024 9. Parks and Recreation Commission a. Karen Miller - Reappointment Feb 1, 2024 b. Mark Husbands – Reappointment Feb 1, 2024 c. Stephen Young – Regular Feb 1, 2022 d. Monica Johnson – Regular Feb 1, 2021 10. Police Pension Board a. Deborah Ward - Reappointment Feb 1, 2023 11. Public Library Board a. Maria Hotta - Reappointment Feb 1, 2024 b. Austin Streicher – Regular Feb 1, 2024 c. No Applicant - Regular Feb 1, 2024 d. No Applicant – Regular Feb 1, 2024 12. Transportation Advisory Committee a. Tiffany O’Connell – Regular Feb 1, 2022 13. Urban Renewal Authority a. Gary Bowman - Reappointment Feb 1, 2025 14. Water and Sewer Board a. Charles Habenicht - Reappointment Feb 1, 2026 ADOPTED AND APPROVED this 21st day of January, 2020. Linda Olson, Mayor Page 15 of 394 3 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk, for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No., Series of 2020. Stephanie Carlile, City Clerk Page 16 of 394 1/15/2020 Page 1 of 4 BOARD AND COMMISSION APPOINTMENTS WORKSHEET February 2020 Alliance for Commerce in Englewood Committee Interested Eligible Applicants: Austin Streicher (1st Choice) Dillon J. Rai (1st Choice) 1 Regular Term expiring 7/1/2021 _Dillon Rai ___________________ 1 Alternate Member ____________________________ Board of Adjustment and Appeals Interested Eligible Applicants: Angela Schmitz (reappointment), Thomas Finn (reappointment), Brendan Thomson (new applicant ‐ 1st Choice) 1 Regular Member expiring 2/1/2024 __Angela Schmitz______________ 1 Regular Member expiring 2/1/2024 __Thomas Finn________________ 1 Regular Member expiring 7/1/2021 __Brendan Thomson___________ 1 Alternate Member ____________________________ Code Enforcement Advisory Committee Interested Applicants: Linda Gronbein (new applicant ‐ 1st Choice), Monica Johnson (new applicant ‐ 2nd Choice) 1 Regular Member expiring 7/1/2020 __Monica Johnson____________ Cultural Arts Commission Interested Applicants: Mark Hessling (reappointment), Julie Parker (new applicant – 1st choice) 1 Regular Member expiring 7/1/2022 __Mark Hessling________________________ 1 Youth Member ______________________________ 1 Youth Member ______________________________ Page 17 of 394 1/15/2020 Page 2 of 4 Fire Pension Board Interested Applicants: Eric Courage (reappointment) 1 Regular Member expiring 2/1/2023 __NA_________________________ Keep Englewood Beautiful Commission Interested Applicants: Robert Stephenson (reappointment), Hedy Anselman (reappointment), Margot Flynn (reappointment), Monica Johnson (new applicant ‐ 3rd choice), Rachel Palya (new applicant ‐ 1st choice) 1 Regular Member expiring 2/1/2022 __Robert Stephenson____________ 1 Regular Member expiring 2/1/2022 __Hedy Anselman_______________ 1 Regular Member expiring 2/1/2022 __Margot Flynn_________________ 1 Regular Member expiring 2/1/2022 __Rachel Palya__________________ 1 Regular Member expiring 2/1/2022 ______________________________ 1 Regular Member expiring 2/1/2021 __Julie Parker___________________ Malley Center Trust Fund Interested Applicants: Bobbie Harris (reappointment) 1 Regular Member expiring 2/1/2023 __Bobbie Harris_________________ NonEmergency Employees Retirement Board Interested Applicants: James Phelps (reappointment) 1 Regular Member expiring 2/1/2024 __James Phelps_________________ Page 18 of 394 1/15/2020 Page 3 of 4 Parks and Recreation Commission Interested Applicants: Karen Miller (reappointment), Mark Husbands (reappointment), Diane Lipovsky (new applicant ‐ 2nd choice), Tiffany O’Connell (new applicant – 2nd choice) 1 Regular Member expiring 2/1/2024 __Karen Miller__________________ 1 Regular Member expiring 2/1/2024 __Mark Husbands________________ 1 Regular Member expiring 2/1/2022 __Stephen Young________________ 1 Regular Member expiring 2/1/2021 __Monica Johnson_______________ 1 Youth Member ________________ ______________ 1 Youth Member _______________________________ Planning and Zoning Commission Interested Eligible Applicants: Catherine Townley (reappointment), Kate Fuller (reappointment), Carl Adams (Alt to Reg), Diane Lipovsky (new applicant – 1st choice), Monica Johnson (new applicant – 1st choice), Noel Atkins (new applicant – 1st choice), Steven Ward (new applicant 0 1st choice) 1 Regular Member expiring 2/1/2024 _______________________________ 1 Regular Member expiring 2/1/2024 _______________________________ 1 Regular Member expiring 2/1/2024 _______________________________ 1 Regular Member expiring 2/1/2023 _______________________________ 1 Alternate Member _______________________________ Police Pension Board Interested Eligible Applicants: Deborah Ward (reappointment) 1 Regular Member expiring 2/1/2023 __Deborah Ward________________ Page 19 of 394 1/15/2020 Page 4 of 4 Public Library Board Interested Applicants: Maria Hotta (reappointment) 1 Regular Member expiring 2/1/2024 __Maria Hotta___________________ 1 Regular Member expiring 2/1/2024 __Austin Streicher________________ 1 Regular Member expiring 2/1/2024 _______________________________ 1 Regular Member expiring 2/1/2024 _______________________________ 1 Youth Member _______________________________ Transportation Advisory Committee Eligible Applicants: Tiffany O’Connell (new applicant – 1st choice) 1 Regular Member expiring 2/1/2022 __Tiffany O’Connell______________ Urban Renewal Authority Eligible Applicants: Gary Bowman (reappointment), Stephen Young (new applicant – 1st choice) 1 Regular Member expiring 2/1/2025 __Gary Bowman________________ Water and Sewer Board Eligible Applicants: Charles Habenicht (reappointment), Monica Johnson (new applicant – 4th choice) 1 Regular Member expiring 2/1/2026 ___Charles Habenicht_____________ 1 Regular Member expiring 2/1/2023 _______________________________ Page 20 of 394 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: City Manager's Office DATE: January 21, 2020 SUBJECT: Resolutions appointing members to Planning and Zoning Commission DESCRIPTION: Resolutions appointing members to Planning and Zoning Commission RECOMMENDATION: Approve the resolutions appointing members to Planning and Zoning Commission. ATTACHMENTS: (4) regular resolutions and (1) alternate resolution Board and Commission Appointment Worksheet Page 21 of 394 1 RESOLUTION NO. SERIES OF 2020 A RESOLUTION APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission was established by the Englewood Home Rule Charter, Section 56, and further codified at Title 2, Chapter 5, of the Englewood Municipal Code; WHEREAS, the Planning and Zoning Commission carries out those duties as set forth in Englewood Home Rule Charter, Section 58, and as vested in it by State Statute or City Ordinance, including Title 16 of the Englewood Municipal Code, Unified Development Code; WHEREAS, Englewood Home Rule Charter, Section 56, provides for nine (9) total members of the Planning and Zoning Commission, and four (4) positions will be vacant as of February 1, 2020; WHEREAS, the Englewood City Council desires to appoint a member to the Planning and Zoning Commission to fill one of the vacant positions; and WHEREAS, the City Council wishes to express its gratitude for the volunteerism and service this individual has agreed to provide to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. In accordance with Englewood Home Rule Charter, Section 56, the Englewood City Council hereby appoints the following citizen-at-large to the Englewood Planning and Zoning Commission to serve a four year term. Name: Term Expiration February 1, 2024 ADOPTED AND APPROVED this 21st day of January, 2020. Linda Olson, Mayor Page 22 of 394 2 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2020. ______________________________ Stephanie Carlile, City Clerk Page 23 of 394 1 RESOLUTION NO. SERIES OF 2020 A RESOLUTION APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission was established by the Englewood Home Rule Charter, Section 56, and further codified at Title 2, Chapter 5, of the Englewood Municipal Code; WHEREAS, the Planning and Zoning Commission carries out those duties as set forth in Englewood Home Rule Charter, Section 58, and as vested in it by State Statute or City Ordinance, including Title 16 of the Englewood Municipal Code, Unified Development Code; WHEREAS, Englewood Home Rule Charter, Section 56, provides for nine (9) total members of the Planning and Zoning Commission, and four (4) positions will be vacant as of February 1, 2020; WHEREAS, the Englewood City Council desires to appoint a member to the Planning and Zoning Commission to fill one of the vacant positions; and WHEREAS, the City Council wishes to express its gratitude for the volunteerism and service this individual has agreed to provide to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. In accordance with Englewood Home Rule Charter, Section 56, the Englewood City Council hereby appoints the following citizen-at-large to the Englewood Planning and Zoning Commission to serve a four year term. Name: Term Expiration February 1, 2024 ADOPTED AND APPROVED this 21st day of January, 2020. Linda Olson, Mayor Page 24 of 394 2 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2020. ______________________________ Stephanie Carlile, City Clerk Page 25 of 394 1 RESOLUTION NO. SERIES OF 2020 A RESOLUTION APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission was established by the Englewood Home Rule Charter, Section 56, and further codified at Title 2, Chapter 5, of the Englewood Municipal Code; WHEREAS, the Planning and Zoning Commission carries out those duties as set forth in Englewood Home Rule Charter, Section 58, and as vested in it by State Statute or City Ordinance, including Title 16 of the Englewood Municipal Code, Unified Development Code; WHEREAS, Englewood Home Rule Charter, Section 56, provides for nine (9) total members of the Planning and Zoning Commission, and four (4) positions will be vacant as of February 1, 2020; WHEREAS, the Englewood City Council desires to appoint a member to the Planning and Zoning Commission to fill one of the vacant positions; and WHEREAS, the City Council wishes to express its gratitude for the volunteerism and service this individual has agreed to provide to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. In accordance with Englewood Home Rule Charter, Section 56, the Englewood City Council hereby appoints the following citizen-at-large to the Englewood Planning and Zoning Commission to serve a four year term. Name: Term Expiration February 1, 2024 ADOPTED AND APPROVED this 21st day of January, 2020. Linda Olson, Mayor Page 26 of 394 2 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2020. ______________________________ Stephanie Carlile, City Clerk Page 27 of 394 1 RESOLUTION NO. SERIES OF 2020 A RESOLUTION APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission was established by the Englewood Home Rule Charter, Section 56, and further codified at Title 2, Chapter 5, of the Englewood Municipal Code; WHEREAS, the Planning and Zoning Commission carries out those duties as set forth in Englewood Home Rule Charter, Section 58, and as vested in it by State Statute or City Ordinance, including Title 16 of the Englewood Municipal Code, Unified Development Code; WHEREAS, Englewood Home Rule Charter, Section 56, provides for nine (9) total members of the Planning and Zoning Commission, and four (4) positions will be vacant as of February 1, 2020; WHEREAS, the Englewood City Council desires to appoint a member to the Planning and Zoning Commission to fill one of the vacant positions; and WHEREAS, the City Council wishes to express its gratitude for the volunteerism and service this individual has agreed to provide to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. In accordance with Englewood Home Rule Charter, Section 56, the Englewood City Council hereby appoints the following citizen-at-large to the Englewood Planning and Zoning Commission to serve a four year term. Name: Term Expiration February 1, 2024 ADOPTED AND APPROVED this 21st day of January, 2020. Linda Olson, Mayor Page 28 of 394 2 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2020. ______________________________ Stephanie Carlile, City Clerk Page 29 of 394 1 RESOLUTION NO. SERIES OF 2020 A RESOLUTION APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission was established by the Englewood Home Rule Charter, Section 56, and further codified at Title 2, Chapter 5, of the Englewood Municipal Code; WHEREAS, the Planning and Zoning Commission carries out those duties as set forth in Englewood Home Rule Charter, Section 58, and as vested in it by State Statute or City Ordinance, including Title 16 of the Englewood Municipal Code, Unified Development Code; WHEREAS, Englewood Home Rule Charter, Section 56, provides for nine (9) total members of the Planning and Zoning Commission, and four (4) positions will be vacant as of February 1, 2020, and the City Council has created an additional position of alternate who shall serve in lieu of any regularly appointed member unable to serve; WHEREAS, the Englewood City Council desires to appoint a citizen-at-large to serve as an alternate member of the Planning and Zoning Commission; and WHEREAS, the City Council wishes to express its gratitude for the volunteerism and service this individual has agreed to provide to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. In accordance with Englewood Municipal Code, Section 2-5-1, the Englewood City Council hereby appoints the following citizen-at-large to the Englewood Planning and Zoning Commission to serve as an alternate member for a four year term. Name: Term Expiration February 1, 2024 ADOPTED AND APPROVED this 21st day of January, 2020. Linda Olson, Mayor Page 30 of 394 2 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2020. ______________________________ Stephanie Carlile, City Clerk Page 31 of 394 1/15/2020 Page 1 of 4 BOARD AND COMMISSION APPOINTMENTS WORKSHEET February 2020 Alliance for Commerce in Englewood Committee Interested Eligible Applicants: Austin Streicher (1st Choice) Dillon J. Rai (1st Choice) 1 Regular Term expiring 7/1/2021 _Dillon Rai ___________________ 1 Alternate Member ____________________________ Board of Adjustment and Appeals Interested Eligible Applicants: Angela Schmitz (reappointment), Thomas Finn (reappointment), Brendan Thomson (new applicant ‐ 1st Choice) 1 Regular Member expiring 2/1/2024 __Angela Schmitz______________ 1 Regular Member expiring 2/1/2024 __Thomas Finn________________ 1 Regular Member expiring 7/1/2021 __Brendan Thomson___________ 1 Alternate Member ____________________________ Code Enforcement Advisory Committee Interested Applicants: Linda Gronbein (new applicant ‐ 1st Choice), Monica Johnson (new applicant ‐ 2nd Choice) 1 Regular Member expiring 7/1/2020 __Monica Johnson____________ Cultural Arts Commission Interested Applicants: Mark Hessling (reappointment), Julie Parker (new applicant – 1st choice) 1 Regular Member expiring 7/1/2022 __Mark Hessling________________________ 1 Youth Member ______________________________ 1 Youth Member ______________________________ Page 32 of 394 1/15/2020 Page 2 of 4 Fire Pension Board Interested Applicants: Eric Courage (reappointment) 1 Regular Member expiring 2/1/2023 __NA_________________________ Keep Englewood Beautiful Commission Interested Applicants: Robert Stephenson (reappointment), Hedy Anselman (reappointment), Margot Flynn (reappointment), Monica Johnson (new applicant ‐ 3rd choice), Rachel Palya (new applicant ‐ 1st choice) 1 Regular Member expiring 2/1/2022 __Robert Stephenson____________ 1 Regular Member expiring 2/1/2022 __Hedy Anselman_______________ 1 Regular Member expiring 2/1/2022 __Margot Flynn_________________ 1 Regular Member expiring 2/1/2022 __Rachel Palya__________________ 1 Regular Member expiring 2/1/2022 ______________________________ 1 Regular Member expiring 2/1/2021 __Julie Parker___________________ Malley Center Trust Fund Interested Applicants: Bobbie Harris (reappointment) 1 Regular Member expiring 2/1/2023 __Bobbie Harris_________________ NonEmergency Employees Retirement Board Interested Applicants: James Phelps (reappointment) 1 Regular Member expiring 2/1/2024 __James Phelps_________________ Page 33 of 394 1/15/2020 Page 3 of 4 Parks and Recreation Commission Interested Applicants: Karen Miller (reappointment), Mark Husbands (reappointment), Diane Lipovsky (new applicant ‐ 2nd choice), Tiffany O’Connell (new applicant – 2nd choice) 1 Regular Member expiring 2/1/2024 __Karen Miller__________________ 1 Regular Member expiring 2/1/2024 __Mark Husbands________________ 1 Regular Member expiring 2/1/2022 __Stephen Young________________ 1 Regular Member expiring 2/1/2021 __Monica Johnson_______________ 1 Youth Member ________________ ______________ 1 Youth Member _______________________________ Planning and Zoning Commission Interested Eligible Applicants: Catherine Townley (reappointment), Kate Fuller (reappointment), Carl Adams (Alt to Reg), Diane Lipovsky (new applicant – 1st choice), Monica Johnson (new applicant – 1st choice), Noel Atkins (new applicant – 1st choice), Steven Ward (new applicant 0 1st choice) 1 Regular Member expiring 2/1/2024 _______________________________ 1 Regular Member expiring 2/1/2024 _______________________________ 1 Regular Member expiring 2/1/2024 _______________________________ 1 Regular Member expiring 2/1/2023 _______________________________ 1 Alternate Member _______________________________ Police Pension Board Interested Eligible Applicants: Deborah Ward (reappointment) 1 Regular Member expiring 2/1/2023 __Deborah Ward________________ Page 34 of 394 1/15/2020 Page 4 of 4 Public Library Board Interested Applicants: Maria Hotta (reappointment) 1 Regular Member expiring 2/1/2024 __Maria Hotta___________________ 1 Regular Member expiring 2/1/2024 __Austin Streicher________________ 1 Regular Member expiring 2/1/2024 _______________________________ 1 Regular Member expiring 2/1/2024 _______________________________ 1 Youth Member _______________________________ Transportation Advisory Committee Eligible Applicants: Tiffany O’Connell (new applicant – 1st choice) 1 Regular Member expiring 2/1/2022 __Tiffany O’Connell______________ Urban Renewal Authority Eligible Applicants: Gary Bowman (reappointment), Stephen Young (new applicant – 1st choice) 1 Regular Member expiring 2/1/2025 __Gary Bowman________________ Water and Sewer Board Eligible Applicants: Charles Habenicht (reappointment), Monica Johnson (new applicant – 4th choice) 1 Regular Member expiring 2/1/2026 ___Charles Habenicht_____________ 1 Regular Member expiring 2/1/2023 _______________________________ Page 35 of 394 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Englert DEPARTMENT: Police DATE: January 21, 2020 SUBJECT: CB 02 - IGA with Denver Urban Area Security Initiative (UASI) DESCRIPTION: CB 02 - IGA with Denver Urban Area Security Initiative (UASI) RECOMMENDATION: Staff recommends Council approve a Bill for an Ordinance authorizing an IGA with the City and County of Denver for The City of Englewood to participate and be a member of UASI. PREVIOUS COUNCIL ACTION: The Englewood City Council authorized a Urban Area Security Initiative (“UASI”) with Denver by the passage of Ordinance No. 20, Series 2004, in 2009 by the passage of Ordinance No. 17, Series 2009, and again in 2019 by the passage of Ordinance No. 20, Series 2019. SUMMARY: The purpose of the UASI program is to assist high-threat, high-density Urban Areas in efforts to build, sustain, and deliver the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. ANALYSIS: By the approval of this Ordinance the City Council of the City of Englewood authorizes an intergovernmental agreement with the City of Denver for the purpose of distributing UASI grant funds through planning, organizing, equipping, training and exercising (“POETE”) activities to eligible entities, and to further the purpose of the UASI program. FINANCIAL IMPLICATIONS: None. ATTACHMENTS: Council Bill #02 IGA Page 36 of 394 1 BY AUTHORITY ORDINANCE NO. _____ COUNCIL BILL NO. 02 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER ________________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT (URBAN AREA SECURITY INITIATIVE) BETWEEN THE CITY AND COUNTY OF DENVER, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, on May 6, 2019 the Englewood City Council authorized a Urban Area Security Initiative (“USAI”) with Denver by the passage of Ordinance No. 20, Series of 2019; WHEREAS, after passage of the City’s Ordinance the City and County of Denver withdrew the Agreement prior to approval; WHEREAS, this latest version of the IGA modifies the amount of work the grantees would be required to do; WHEREAS, the modified work will not fiscally impact the City or Department; WHEREAS, the Denver Urban Security Initiative grant process began in 2003, under the Homeland Security Grant Program, established by the Homeland Security Act of 2002; WHEREAS, the Englewood City Council authorized the Mayor to sign the Urban Area Security Initiative (“UASI”) with Denver by the passage of Ordinance No. 20, Series 2004, again in 2009 by the passage of Ordinance No. 17, Series 2009, and again in 2019 by the passage of Ordinance No. 20, Series of 2019; WHEREAS, the City and County of Denver’s continued eligibility has been determined through an analysis of relative risk to terrorism by the 100 most populous Metropolitan Statistical Areas (“MSA’s), in the United States; WHEREAS, the purpose of the UASI program is to assist high-threat, high-density Urban Areas in efforts to build, sustain, and deliver the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from acts of terrorism; WHEREAS, Englewood has been a very active participant in this process over the years, having helped develop the strategic plan, the communications plan, and public information efforts; WHEREAS, under the Homeland Security Grant Program (“HSGP”) $1,067,000,000.00 has been funded, of which $580,000,000.00 has been set aside for UASI programs throughout the United States; WHEREAS, the UASI program will require no matching funds from the City of Englewood for the federal funds unless the City agrees to offer a match; and Page 37 of 394 2 WHEREAS, by the approval of this Ordinance the City Council of the City of Englewood authorizes an intergovernmental agreement with the City of Denver for the purpose of distributing UASI grant funds through planning, organizing, equipping, training and exercising (“POETE”) activities to eligible entities, and to further the purpose of the UASI program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement (Urban Area Security Initiative), attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor and City Clerk are authorized to execute and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 21st day of January, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of January, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of January, 2020 for thirty (30) days. __________________________ Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 21st day of January, 2020. Page 38 of 394 INTERGOVERNMENTAL AGREEMENT Urban Area Security Initiative City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 MOOEM201952567 Jaggaer No. MOOEM-201952567 THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is between the CITY AND COUNTY OF DENVER, a municipal corporation of the State of Colorado (“Denver”) and City of Englewood, located at 1000 Englewood Parkway, Englewood, Colorado 80110(“Agency”). RECITALS A. In 2002, the Homeland Security Act established the Homeland Security Grant Program. Denver has been identified as an eligible candidate of the Urban Area Security Initiative (“UASI”) program since the 2003 funding cycle. B. Denver’s continued eligibility has been determined through an analysis of relative risk to terrorism faced by the 100 most populous Metropolitan Statistical Areas (“MSAs”) in the United States. Federal guidance mandates award by the state to the designated local recipient identified in congressional appropriations. C. The purpose of the UASI program is to assist high-threat, high-density Urban Areas in efforts to build, sustain, and deliver the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. UASI funding can be used to enhance preparedness for other catastrophic events, e.g., hurricanes and wildfires as long as such use of the funds has a nexus to preventing, preparing for, protecting against, and responding to terrorism. D. Participation in the UASI program requires that all parties fully implement the National Incident Management System (“NIMS”) and National Preparedness Doctrine to include development across the Core Capabilities as defined by FEMA’s National Preparedness Goal of 2015 or future iterations thereof. E. The U.S. Department of Homeland Security (DHS) requires high-risk Urban Areas to complete a Threat and Hazard Identification Risk Assessment (“THIRA”) every three years and Stakeholder Preparedness Review (SPR) annually and to prioritize grant funding to support closing capability gaps identified in this process. F. Agencies entering into this Agreement are considered by Denver as project awardees. NOW, THEREFORE, the parties hereby agree as follows: 1.The Recitals are hereby expressly incorporated into this Agreement. 2. PURPOSE Page 39 of 394 INTERGOVERNMENTAL AGREEMENT Urban Area Security Initiative City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 MOOEM201952567 Jaggaer No. MOOEM-201952567 The purpose of this Agreement is to provide for the distribution of UASI grant funds for goods and services through planning, organizing, equipping, training and exercising (POETE) activities to eligible entities, and to further the purposes of the UASI program. At the time of execution of this Agreement, the parties anticipate that the UASI grant will be used to fund POETE activities for goods and services to close gaps in the Core Capabilities. This Agreement is subject to the terms of the current, and any future version, FY UASI Notice of Funding Opportunity (NOFO). This Agreement may be amended to include future grant activities authorized by applicable grant guidance. Future amendments must be signed by a person(s) duly authorized to validly bind eligible entities prior to new POETE activities commencing. 3. DEFINITIONS. a.Capability and Capabilities refer to the Core Capabilities across 5 mission areas defined by FEMA’s National Preparedness Goal of 2015 or future iterations thereof. b.Core City is defined by the UASI grants as the City and County of Denver. c.Core County is defined by the UASI grants as the City and County of Denver. d. All references to Grant Agreement(s) or grant agreement(s) means the Colorado Department of Public Safety, Division of Homeland Security and Emergency Management (“DHSEM”) Agreement between Denver and the Colorado Department of Public Safety, including amendments thereto, and any earlier and later agreements, through which U.S. DHS UASI grants were or are passed through from the State to Denver that are used to fund this Agreement. e.Incident or Incidents mean emergencies resulting from man-made, technological or natural hazards or threats including all terrorist attacks involving chemical, biological, radiological, nuclear, explosive (CBRNE), incendiary, electromagnetic, or cyber weapons. f.Include, includes, and including are to be read as if followed by the words “without limitation” unless specifically qualified by words of limitation. g. Fiscal Risk Assessment refers to a document completed by the Project Awardee that is used by the City and County of Denver to determine if the Project Awardee has the financial and administrative ability to maintain and support any goods and services they may receive through the UASI grant process. Page 40 of 394 INTERGOVERNMENTAL AGREEMENT Urban Area Security Initiative City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 MOOEM201952567 Jaggaer No. MOOEM-201952567 h.Mission Area(s) are defined by national Preparedness Goal 2015 as Protection, Prevention, Mitigation, Response, and Recovery. i.Party and parties, regardless of whether capitalized, refer only to the named parties to this Agreement. j.POETE means Planning, Organization, Equipment, Training and Exercise activities. k.Project Awardee means a North Central All-Hazards Region Jurisdiction or Agency that receives a subaward from the Denver UASI program to carry out part of this program. l.SPR means Stakeholder Preparedness Review as defined by Comprehensive Preparedness Guide 201 version 3 published in May 2017 or future iterations thereof. m.State means the State of Colorado. n.State Administrative Agency Point of Contact means the person designated by the Governor of the State of Colorado to be responsible for the management of the UASI program or such other person of the State agency, department, or division duly designated by the State. o.TEPW as defined by the Colorado Division of Homeland Security and Emergency Management is the Training and Exercise Plan Workshop. p.THIRA means Threat and Hazard Identification and Risk Assessment as defined by Comprehensive Preparedness Guide 201 version 3 published in May 2017 or future versions thereof. q.UASI means Urban Area Security Initiative. r.U.S. DHS means the United States Department of Homeland Security. s.Urban Area means the City and County of Denver and surrounding governmental and quasi-governmental jurisdictions that provide homeland security, emergency management, or capabilities defined under the National Preparedness Goal. 4. ROLES AND RESPONSIBILITIES. a. Denver, as the Core City and County of the UASI program, within the State of Colorado: Page 41 of 394 INTERGOVERNMENTAL AGREEMENT Urban Area Security Initiative City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 MOOEM201952567 Jaggaer No. MOOEM-201952567 i. Is the fiscal agent and fiduciary authority of the UASI program award, and thereby solely responsible for ensuring compliance with 2 CFR 200 - Uniform Administrative Requirements, Cost principles and Audit Requirements for Federal Awards Uniform Guidance issued by the Federal Office of Management and Budget (“OMB”), including review of fiscal risk on the Agency and determining eligibility for current and future UASI funding. ii. Shall serve as the sole procurement and coordination agency for goods and services provided under the UASI program, unless Denver determines a joint procurement and/or coordination process is beneficial for completing a UASI-funded activity. Procurement and/or coordination of goods and services shall be made in accordance with the budget and Denver’s own procurement laws, regulations, and policies. b. Agency shall: i. Complete a Denver fiscal risk assessment prior to receiving UASI grant funded goods and services, if required. ii. Participate in the UASI THIRA/SPR process, including completion of provided forms and requests for information iii. Comply with all terms of each grant agreement and UASI grants from which it receives any goods and services, including reimbursement for any reason. iv. Make available for inspection and monitoring all goods provided by the UASI grant program and provide any related maintenance records or documentation. v. Concur that this Agreement does not warrant or guarantee entities will receive any specific amount of goods, services, or reimbursement. The Agency understands that it may receive goods, services, or reimbursement depending upon the approved budget and the Agency’s ability to take advantage of the goods and services in a timely manner. vi. Participate in UASI regional planning and inter-agency coordination activities. vii. Assign a project point of contact to act as the Agency representative Page 42 of 394 INTERGOVERNMENTAL AGREEMENT Urban Area Security Initiative City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 MOOEM201952567 Jaggaer No. MOOEM-201952567 for all aspects of any UASI funded goods and services that directly involve the Agency. viii. Accept title to and/or delivery of goods at the place designated by the purchase order or contract, and assume the risk of loss, in accordance with the terms applicable to a particular shipment or delivery of equipment or other tangible goods. ix. Notify the UASI program staff upon receipt of goods and services, including providing any documentation requested by UASI staff and tagging equipment with UASI tags as provided for by the UASI program office. x. Accept goods or services provided to it under this Agreement; provided that the Agency shall retain all legal and equitable rights and remedies against a vendor, supplier, or manufacturer for non- conforming or defective goods or services. xi. Repair and maintain all equipment and other tangible goods provided to Agency under this Agreement in good working order for the reasonably expected life-cycle of such equipment and other tangible goods, ordinary use, wear and tear excepted, and to prevent them from becoming spoiled, deteriorated, defective, lost, stolen or obsolete. xii. Maintain all records on equipment and tangible goods that may be required by the terms of the UASI grant agreements, State and Federal laws, rules and regulations, or by Denver, including but not limited to maintenance records, depreciation schedules, physical location, and condition reports. xiii. Provide all supplemental documentation that may be required by Denver, including but not limited to completed inventory request forms as provided by the UASI, police reports for stolen equipment or goods, advanced written notification requesting permission to transfer, sell, or dispose of equipment or other tangible goods procured with UASI funds. xiv. Respond to Incidents utilizing the equipment and other tangible goods provided for, or reimbursed under this Agreement, including replacement of supplies and equipment acquired in accordance with this Agreement, and utilizing trained personnel as requested and reasonably available. Page 43 of 394 INTERGOVERNMENTAL AGREEMENT Urban Area Security Initiative City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 MOOEM201952567 Jaggaer No. MOOEM-201952567 xv. Participate in the annual UASI TEPW and complete requested documentation for the workshops. xvi. Make its personnel and equipment or other tangible goods procured with funds from UASI grants reasonably available for training and exercise, and response to Incident based on requests from any UASI entity, the State, or U.S. DHS. xvii. Make its personnel, trained through UASI funded Train-the-Trainer courses, reasonably available to the region to provide additional trainings as requested. xviii. Test and train appropriate responsible persons, and participate in regional trainings and exercises, on use of equipment and other tangible goods in simulated exercises, including those done independently and through the Urban Area. Funding activities: xix. Provide a cash match as agreed to in the Agency’s submitted grant application(s). The Agency shall pay this amount directly to Denver, prior to Denver beginning procurement. The Agency will pay the match invoice within thirty (30) days of receipt of the invoice from Denver. Failure to pay within thirty (30) days of receiving the match invoice under this Agreement shall constitute a material breach of this Agreement. 5. APPROPRIATIONS. Denver’s obligations under this Agreement or any renewal extend only to monies appropriated for the purpose of this Agreement by the Denver City Council, paid into Denver Treasury, and encumbered for the purposes of this Agreement. By execution of this Agreement, neither party irrevocably pledges present cash reserves for payments in future fiscal years and this Agreement does not, and is not intended to, create a multiple-fiscal year direct or indirect debt or financial obligation of either party. Denver’s obligations under this Agreement are further limited to the funds made available pursuant to the UASI Grant and budget approved by the Urban Area Working Group for fulfilling the purposes of this Agreement. 6. TAXES, CHARGES, AND PENALTIES. Denver shall not pay or be liable for any claimed interest, late charges, fees, taxes, or penalties of any nature, except as required by Denver’s Revised Municipal Code. 7. EXECUTIVE AND LIAISON. Denver’s point of contact for the UASI grants is the Page 44 of 394 INTERGOVERNMENTAL AGREEMENT Urban Area Security Initiative City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 MOOEM201952567 Jaggaer No. MOOEM-201952567 Executive Director of the Mayor’s Office of Emergency Management and Homeland Security (“Director”), who will serve as Chair of the Urban Area Working Group. During the term of this Agreement, eligible entities shall fully coordinate all activities and obligations related to or arising out of this Agreement with Denver, including the Director, or as otherwise directed by Denver. 8. TERM AND TERMINATION. The term of the Agreement is from date of full execution and terminates on December 31, 2025. Denver may terminate this Agreement, or any part thereof, for the reasons and in the manner provided in any UASI Grant funding this Agreement. 9. DISCLAIMER OF WARRANTIES. THE GOODS PROVIDED BY DENVER UNDER THIS AGREEMENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND FROM DENVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY DENVER, ITS AFFILIATES, OR ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY FROM DENVER. DENVER IS NOT RESPONSIBLE FOR ANY DEFECTS OR DAMAGES RESULTING FROM MISHANDLING, ABUSE, MISUSE, ACCIDENT, ELECTRICAL POWER SURGES OR CURRENT FLUCTUATIONS, FORCE MAJEURE EVENT, IMPROPER STORAGE OR OPERATION, INCLUDING USE IN CONJUNCTION WITH EQUIPMENT ELECTRICALLY OR MECHANICALLY INCOMPATIBLE WITH OR OF INFERIOR QUALITY TO THE SUPPLIED GOODS OR FAILURE TO MAINTAIN THE ENVIRONMENTAL CONDITIONS SPECIFIED BY THE MANUFACTURER OR LICENSOR. ANY WARRANTIES ASSOCIATES WITH THE GOODS ARE SOLELY THOSE PROVIDED BY THE MANUFACTURER OR SELLER OF THE GOODS DIRECTLY TO AGENCY. 10. WHEN RIGHTS AND REMEDIES NOT WAIVED. In no event will performance by a party constitute or be construed to be a waiver by that party of any breach of term, covenant, or condition or any default that may then exist on the part of the other party, and the tender of any such performance when any breach or default exists (or is claimed to exist) impairs or prejudices any right or remedy available to the other party with respect to the breach or default. No assent, expressed or implied, to any breach of any one or more terms, covenants, or conditions of this Agreement is or may be construed to be a waiver of any succeeding or other breach. 11. CONFLICT OF INTEREST. No employee of either party has or may have any Page 45 of 394 INTERGOVERNMENTAL AGREEMENT Urban Area Security Initiative City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 MOOEM201952567 Jaggaer No. MOOEM-201952567 personal or beneficial interest whatsoever in the services or property described herein. The Agency shall not knowingly hire or contract for services with any employee or officer of Denver that would result in any violation of the Denver Revised Municipal Code, Chapter 2, Article IV, Code of Ethics, or Denver City Charter provisions 1.2.8, 1.2.9, 1.2.12. 12. STATUS OF PARTIES. Neither party is an employee of the other; no officer, employee, agent or contractor of one party is an officer, employee, agent, or contractor of the other party for any purpose, including unemployment compensation and workers’ compensation. 13. EXAMINATION OF RECORDS. The Agency shall retain for at least three (3) years from the date of submission of the final expenditure report or until equipment has depreciated in value below $5000.00, whichever is longer, all records related to this Agreement, including documentation and records for equipment, other tangible goods, funding, or services provided for under this Agreement and expenses incurred arising out of this Agreement. Any duly authorized representative of the federal government, state government or Denver, including Denver’s Auditor or his representative have upon reasonable notice access to and the right to examine any directly pertinent books, documents, papers and records of entities related to this Agreement, until the expiration of three (3) years after the end of the State of Colorado fiscal year that includes the end of the UASI grant agreement(s). In the event any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the three-year period, the Agency shall retain the records until completion of the action and resolution of all issues that arise from it, or until the end of the three-year period, whichever is later. 14. ASSIGNMENT AND SUBCONTRACTING. Agency covenants and agrees that it will not assign or transfer its rights hereunder without first obtaining the written consent of the Executive Director of the Office of Emergency Management. Any attempts by Agency to assign or transfer its rights hereunder without such prior written consent of the Executive Director shall, at the option of said Executive Director, automatically terminate this Agreement and all rights of Agency hereunder. Such consent may be granted or denied at the sole and absolute discretion of said Executive Director. A change in control of Agency shall not constitute and assignment hereunder. 15. NO THIRD-PARTY BENEFICIARY. The enforcement of this Agreement, and all rights of action relating to enforcement, are strictly reserved to the parties. Nothing in this Agreement gives or allows any claim or right of action by any person or other entity on this Agreement, including subcontractors and suppliers. Any person who or other entity other than the parties that receives services or benefits under this Agreement is an incidental beneficiary only. Page 46 of 394 INTERGOVERNMENTAL AGREEMENT Urban Area Security Initiative City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 MOOEM201952567 Jaggaer No. MOOEM-201952567 16. GOVERNING LAW; VENUE. Each term, provision, and condition of this Agreement is subject to the provisions of Colorado law, the Charter of the City and County of Denver, and the ordinances, and regulations enacted pursuant thereto. Unless otherwise specified, any general or specific reference to statutes, laws, regulations, charter or code provisions, ordinances, executive orders (including memoranda thereto), or contracts, means statutes, laws, regulations, charter or code provisions, ordinances, and executive orders (including memoranda thereto) and contract as amended or supplemented from time to time and any corresponding provisions of successor statues, laws, regulations, charter or code provisions, ordinances, or executive orders (including memoranda thereto) and contracts. Venue for any legal action relating to or arising out of this Agreement will be in the District Court of the Second Judicial District of the State of Colorado. 17. SEVERABILITY. Except for the provisions of this Agreement requiring appropriation of funds, if a court of competent jurisdiction finds any provision of this Agreement or any portion thereof to be invalid, illegal, or unenforceable, the validity of the remaining portions or provisions will not be affected, if the intent of the parties can be fulfilled. 18. PARAGRAPH HEADINGS. The captions and headings set forth in this Agreement are for convenience of reference only and do neither define nor limit its terms and may not be construed to do so. 19. SURVIVAL OF CERTAIN PROVISIONS. The terms of this Agreement and any exhibits and attachments that by reasonable implication contemplate continued performance, rights, or compliance beyond expiration or termination of this Agreement survive this Agreement and will continue to be enforceable. Without limiting the generality of this provision, the Agency’s obligations to indemnify Denver, shall to the extent permitted by law, survive for a period equal to any and all relevant statutes of limitation, plus the time necessary to fully resolve any claims, matters, or actions begun within that period. 20. NOTICES. Notices concerning termination of this Agreement, alleged or actual, violation(s) of the terms or conditions of this Agreement, and notices of similar importance, as well as bills, invoices, or reports required under this Agreement, must be mailed by United States mail, postage prepaid, if to the Agency at its address written above, and if to Denver at the addresses listed below. Notices must be delivered by prepaid U.S. mail and become effective three (3) days after deposit with the U.S. Postal Service. The parties may from time to time designate substitute addresses or persons where and to whom such notices are to be mailed or delivered, but these substitutions are not effective until actual receipt of written notification. Page 47 of 394 INTERGOVERNMENTAL AGREEMENT Urban Area Security Initiative City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 MOOEM201952567 Jaggaer No. MOOEM-201952567 City and County of Denver Mayor's Office of Emergency Management 101 W Colfax Ave. 7th Floor Denver, Colorado 80202 Attn: UASI Program Manager With copies of termination and violation notices to: Office of the Mayor 1437 Bannock Street, Room 350 Denver, Colorado 80202 Denver City Attorney’s Office 1437 Bannock Street, Room 353 Denver, Colorado 80202 21. COLORADO GOVERNMENTAL IMMUNITY ACT: Neither party shall have any liability or responsibility to anyone for any act or omission of the other. Each party will be liable for the actions and omissions of its respective officers, agents, employees and subcontractors, to the extent provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. Nothing in this Section or any other provision of this Agreement or any Exhibit shall be construed as a waiver of the notice requirements, defenses, immunities and limitations the City or Agency may have under the Colorado Governmental Immunity Act or to any other defenses, immunities, or limitations of liability available to the City or Contractor by law. 22. DISPUTES. All disputes of any nature between Denver and the Agency regarding this Agreement will be resolved by the administrative hearings pursuant to Denver Revised Municipal Code 56-106(b)-(f). For purposes of that procedure, the Executive Director of the Office of Emergency Management is the Denver official to render a final determination. 23. ORDER OF PRECEDENCE. In the event of any conflict between the terms contained in the numbered sections, including subparts to them, of this Agreement and those of any exhibit such that the full effect cannot be given to both or all provisions, then the terms contained in the numbered sections, including subparts to them, of this Agreement control. 24. AGREEMENT AS COMPLETE INTEGRATION-AMENDMENTS. This Agreement is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion or other amendment has any force or Page 48 of 394 INTERGOVERNMENTAL AGREEMENT Urban Area Security Initiative City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 MOOEM201952567 Jaggaer No. MOOEM-201952567 effect, unless embodied herein in writing. Amendments to this Agreement will become effective when approved by both parties and executed in the same manner as this Agreement. 25. LEGAL AUTHORITY. The parties represent and assure that each possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action necessary, to enter into this Agreement. The persons or person signing and executing this Agreement on behalf of a party, represent(s) that he or she is fully authorized to execute this Agreement on behalf of their jurisdiction and to validly and legally bind their jurisdiction to all the terms, performances, and provisions herein set forth. If there is a dispute as to the legal authority of either the Agency or the person signing this Agreement to enter into this Agreement, at its option, Denver may temporarily suspend or permanently terminate this Agreement or both. Denver will not be obligated to perform any of the provisions of this Agreement after it has suspended or terminated this Agreement as provided in this Agreement. 26. ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS. The parties consent to the use of electronic signatures by Denver and the Agency. The Agreement, and any other documents requiring a signature hereunder, may be signed electronically by Denver in the manner specified by Denver, and by the Agency. The parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. Page 49 of 394 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Kelly Martin DEPARTMENT: Police DATE: January 21, 2020 SUBJECT: CB 03 - Amendment to IGA between Arapahoe County and Englewood Police DTRS DESCRIPTION: CB 03 - Amendment to IGA between Arapahoe County and Englewood Police DTRS RECOMMENDATION: The Police Department is recommending that City Council approve this ordinance authorizing this amendment to the original Intergovernmental Agreement between Arapahoe County and the City of Englewood which is a price per radio increase to use the Arapahoe County Digital Trunked Radio System (DTRS). PREVIOUS COUNCIL ACTION: City Council has previously approved the Intergovernmental Agreement to use the Arapahoe County portion of the statewide Trunked Radio System (DTRS) on two separate occasions. (Ordinance No. 27, Series of 2005) (Council Bill No. 49, Series of 2016) SUMMARY: This amendment to the original Intergovernmental Agreements in 2005 and 2016 is for a fee increase. The annual operation and maintenance fee for the Digital Trunked Radio System has been $25.00 per radio owned by the subscriber (the City of Englewood) since 1996. Arapahoe County sets the fees to utilize this system, and all agencies within Arapahoe County are charged the same amount. This is an equitable and fair price to pay for utilization of this system. Due to inflation and increases in operations costs, this fee will increase to $50.00 per radio, per year, as of January 2020 and invoiced in February 2021. ANALYSIS: Arapahoe County owns, operates and maintains a Digital Trunked Radio System (DTRS) which consists of radio sites containing trunked radio repeaters, related electronic hardware equipment, software and towers/antennas. Arapahoe County has integrated their DTRS with the statewide DTRS which is managed by the Consolidated Communications Network of Colorado (CCNC). Arapahoe County granted the Englewood Police Department permission to use this system for the pupose of radio communications. FINANCIAL IMPLICATIONS: Page 50 of 394 The cost to use the DTRS is based on the total number of portable and mobile radios owned by the subscriber (City of Englewood). In 2020, that number is 151 radios. The amended cost for these radios is $50.00 per radio, for a total of $7550.00. This amount will be allocated in the 2021 Police Department budget. ALTERNATIVES: The only alternative is not to use the statewide DTRS. This is not a viable alternative. CONCLUSION: Police Department staff recommends City Council approve this amendment to this original ordinance/IGA. ATTACHMENTS: Council Bill #03 Amendment to IGA Letter from Arapahoe County reference this amendment Council Bill 49/Ordinance No.50 -- Series of 2016 Page 51 of 394 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 03 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER _____________ A BILL FOR AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE REGARDING SHARED USE OF ARAPAHOE COUNTY’S RADIO COMMUNICATIONS NETWORK SYSTEM [AND CONSOLIDATED COMMUNICATIONS NETWORK OF COLORADO (CCNC)]. WHEREAS, Arapahoe County owns, operates and maintains a Digital Trunked Radio System (DTRS) which consists of radio sites containing trunked radio repeaters, related electronic hardware equipment, software, and towers/antennas; WHEREAS, Arapahoe County has integrated their DTRS with the statewide DTRS which is managed by the Consolidated Communications Network of Colorado (CCNC); WHEREAS, Arapahoe County and the City of Englewood Police Department are each authorized to utilize radio communications in the performance of their various governmental functions; WHEREAS, the City Council of the City of Englewood approved an Intergovernmental Agreement to use the Arapahoe County Trunked Radio System (DTRS) by the passage of Ordinance No. 27, Series of 2005; WHEREAS, the City Council of the City of Englewood approved an Intergovernmental Agreement to use the Arapahoe County Trunked Radio System (DTRS) by the passage of Ordinance No. 50, Series of 2016; WHEREAS, this intergovernmental agreement is necessary, proper and convenient for the continued preservation of the public peace, health and safety and for providing a more cost effective and efficient use of governmental resources; WHEREAS, since 1996 the annual operation and maintenance fee has been $25.00 per radio owned by the City of Englewood; WHEREAS, beginning in January 2020 the annual operation and maintenance fee will rise to $50.00 per radio owned by the City of Englewood; WHEREAS, the City of Englewood currently has 151 radios that will be subject to the new fee, for a total yearly cost of $7,550.00 per year; and WHEREAS, the funds have been budgeted for this project; Page 52 of 394 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes entering the “First Amendment to the Intergovernmental Agreement Regarding Shared Use Of Arapahoe County’s Radio Communications Network System [And Consolidated Communications Network of Colorado (CCNC)]” between Arapahoe County and the City of Englewood, attached hereto as Exhibit A. Section 2. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 21st day of January, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of January, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of January, 2020 for thirty (30) days. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 21st day of January, 2020. Stephanie Carlile Page 53 of 394 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN ARAPAHOE COUNTY AND ENGLEWOOD SAFTEY SERVICES FOR SHARED USE OF THE ARAPAHOE COUNTY RADIO COMMUNICATIONS NETWORK THIS AMENDMENT (“Amendment”) TO THE IGA BETWEEN ARAPAHOE COUNTY AND ENGLEWOOD SAFTEY SERVICES FOR SHARED USE OF THE ARAPAHOE COUNTY RADIO COMMUNICATIONS NETWORK is made this ___ day of ________ 2019, by and between Arapahoe County (“County”) and Englewood Police Department (“Subscriber”). WHEREAS, the County and Subscriber entered into an IGA on October 1, 2016, which provides for shared usage of the County-owned portion of the statewide Digital Trunked Radio System (DTRS); and WHEREAS, the annual operation and maintenance fee for the DTRS has been $25.00 per radio owned by subscriber per year since 1996, and this fee will increase to $50.00 per radio per year as of January 1, 2020 and invoiced in February 2021 and; WHEREAS, the parties wish to amend the IGA to reflect the change in price; THEREFORE, the parties agree as follows: 1. Compensation. A. The County annually shall invoice Subscriber fifty dollars ($50.00) per radio owned by Subscriber, which will be payable within 30 days. B. This and any other invoices shall be sent to: Englewood Police Department c/o Commander Vance Fender 3615 S. Elati St. Englewood, CO 80110 2. Term. The term of this Agreement shall be one (1) year from the effective date, which shall be the date of the last and final signature to this amendment to the agreement, unless otherwise terminated in accordance with this agreement. Page 54 of 394 3. Renewal. The agreement shall be renewed and extended for additional terms automatically unless otherwise terminated in accordance with this agreement. 4.Except as expressly amended by this First Amendment, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this First Amendment to the IGA Between Arapahoe County and ENGLEWOOD SAFTEY SERVICES for Shared Usage of the Arapahoe County Radio Communications Network to be executed by its duly authorized representatives. ARAPAHOE COUNTY, COLORADO AGENCY ___________________________ _______________________________ Signature Date Signature Date Name: _____________________ Name: _________________________ Title: ______________________ Title: __________________________ NOTARY State of : __________________ County of: ___________________ Subscribed and sworn to before me this _______ day of ___________________, ________ By: __________________________________. My commission expires: _______________. Page 55 of 394 ___________________________________ Notary Public Page 56 of 394 November 11, 2019 Englewood Police Department c/o Commander Vance Fender 3615 S. Elati St. Englewood, CO 80110 Re: Radio System Usage Fee Increase To Whom It May Concern: This letter is to notify you that starting January 1, 2020 the fee for usage of the Arapahoe County owned portion of the statewide Digital Trunked Radio System (DTRS) will increase to $50.00 per radio per year. You should expect to receive the invoice reflecting this increase in February of 2021. Along with this letter please find the Amendment to the Intergovernmental Agreement reflecting the fee increase. Please sign and return to Robin Frazee (RFrazee@arapahoegov.com) by November 25th, 2019. Email return is appropriate. An executed copy of the amendment will be sent to you when available. Please submit questions to the Arapahoe County Sheriff’s Office Support Services Telecommunications Supervisor, Matthew Jackson (mjackson@arapahoegov.com). Thank you for your continued usage and support of the statewide DTRS. Sincerely, Matthew H. Jackson Telecommunications Supervisor 720-874-3720 (Office) 720-471-4037 (Mobile) Page 57 of 394 Page 58 of 394 Page 59 of 394 Page 60 of 394 Page 61 of 394 Page 62 of 394 Page 63 of 394 COUNCIL COMMUNICATION TO: Mayor and Council FROM: John Voboril DEPARTMENT: Community Development DATE: January 21, 2020 SUBJECT: CB 01 - Intergovernmental Agreement (IGA) between Arapahoe County and the City of Englewood, Colorado for Sharing the Cost of a Census Coordinator Position in Arapahoe County DESCRIPTION: CB 01 - Intergovernmental Agreement (IGA) between Arapahoe County and the City of Englewood, Colorado for Sharing the Cost of a Census Coordinator Position in Arapahoe County RECOMMENDATION: Staff recommends approval of an Ordinance for entering the City of Englewood into an IGA with Arapahoe County for cost sharing regarding the salary of a temporary Arapahoe County Census Coordinator position. PREVIOUS COUNCIL ACTION: City Council approved a motion to create the Census 2020: Englewood Complete Count Committee for the purpose of the coordination of broad community outreach activities designed to deliver a complete count of all persons residing within the City of Englewood as of April 1, 2020. SUMMARY: Arapahoe County staff reached out to Arapahoe County municipalities with a proposal to jointly fund a temporary Census Coordinator position to assist both the County and each municipality with Census 2020 outreach efforts to achieve a complete count of all persons residing within both the County and each municipality as of April 1, 2020. Each municipality was asked to contribute between $500 and $15,000, depending on the size of the municipality. A $5,000 request has been made of the City of Englewood, the same amount asked of Englewood neighboring cities (Littleton, Sheridan, and Cherry Hills Village). ANALYSIS: The Arapahoe County Census Coordinator position major duties will include the following: • Develop a plan for a coordinated county approach to Census 2020; • Coordinate with Arapahoe County’s census team (internal staff), organize a Complete Count Committee (stakeholders), and support the work of its subcommittees; Page 64 of 394 • Coordinate timelines, agendas, and complete meeting minutes for internal or public meetings and events; • Coordinate efforts with the U.S. Census Bureau and assist the Bureau with identification of hard-to-count neighborhoods/populations that will require special efforts to achieve a complete count; • Coordinate with regional, state and federal agencies, community-based organizations, city agencies, and volunteers performing census outreach efforts; • Create and deliver presentations to Board of County Commissioners, elected officials, staff, stakeholder groups, and partner agencies; • Assist communications staff with developing marketing and outreach plans, hosting meetings and events, and drafting content for use in traditional and online communication venues; and • Draft and submit grant applications as appropriate to secure funding for outreach and coordination activities. In addition to serving as the County staff liaison and organizer for the Census 2020: Arapahoe Complete Count Committee, the Census Coordinator position will also be available to potentially assist municipalities in ways that include, but are not limited to, the following services: • Identifying and targeting hard to county communities; • Working closely with the U.S. Census Bureau to utilize tools and resources; • Attend already-established community events throughout the County hosted by municipalities, nonprofit organizations, faith-based groups, and business partners, by staffing information booths and presenting information; • Work with trusted nonprofit organizational partners with hard to count populations; • Sponsor and attend public forums and events to provide information and direct outreach; • Partner and provide more intensive outreach to households with limited English, homeless populations, institutions, and individuals with limited/inability to access internet/computers; • Use GIS/mapping team to assist with canvassing efforts and other partner needs; and • Secure grants for countywide outreach efforts. FINANCIAL IMPLICATIONS: The Ordinance approving the IGA with Arapahoe County authorizes the City to contribute $5,000 toward the shared salary cost of $80,000 for a temporary Arapahoe County Census Coordinator position. The City will pay its portion of the shared salary cost out of a recently secured grant from the Colorado Department of Local Affairs (DOLA) issued to support local municipalities with their Census-related activities. Page 65 of 394 ATTACHMENTS: Council Bill #01 IGA between Arapahoe County and the City of Englewood, Colorado for Sharing the Cost of a Census Coordinator Position in Arapahoe County Page 66 of 394 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 01 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO, FOR SHARING THE COST OF A CENSUS COORDINATOR POSITION IN ARAPAHOE COUNTY. WHEREAS, pursuant to Colorado Constitution, Article XIV, Section 18(2)(a), and Section 29-1-203, C.R.S. the Parties may cooperate or contract with each other to provide any function or facility lawfully authorized to each, including the sharing of costs; WHEREAS, the intergovernmental agreement (IGA) is being entered into by the Parties to share the cost of a temporary Census Coordinator for the 2020 Census; WHEREAS, Englewood, along with the cities of Littleton, Sheridan, and Cherry Hills Village have been asked to contribute $5,000 toward the position; WHEREAS, the Census Coordinator will assist the County and cities in their respective efforts to achieve a complete count of all persons residing both in the County and municipalities by April 1, 2020; and WHEREAS, the City’s portion will be paid from a grant from the Colorado Department of Local Affairs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood hereby authorizes the Intergovernmental Agreement for Sharing the Cost of a Census Coordinator Position in Arapahoe County between the City of Englewood and Arapahoe County as attached hereto as “Exhibit A”. Section 2. The Mayor is authorized to sign said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 6th day of January, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 9th day of January, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 8th day of January, 2020 for thirty (30) days. Read by Title and passed on final reading on the 21st day of January, 2020. Page 67 of 394 2 Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2020, on the 23rd day of January, 2020. Published by title on the City’s official website beginning on the 22nd day of January, 2020 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2020. Stephanie Carlile Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk Page 68 of 394 3 I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 6th day of January, 2020. Stephanie Carlile Page 69 of 394 Page 1 of 7 INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO FOR SHARING THE COST OF A CENSUS COORDINATOR POSITION IN ARAPAHOE COUNTY This Intergovernmental Agreement (the “Agreement”) is entered into and effective as of this ___ day of ____________, 2020, by and between the Board of County Commissioners, County of Arapahoe, located at 5334 Street Prince Street, Littleton, Colorado 80120 (hereinafter referred to as the “County”) and the City of Englewood, a home rule municipality of the State of Colorado located at 1000 Englewood Parkway, Englewood, Colorado 80110, (hereinafter referred to as the “Municipality”). The County and Municipality may be collectively referred to herein as the “Parties.” WHEREAS, pursuant to Colo. Const. art. XIV, § 18, and § 29-1-203, C.R.S., as amended, the Parties are authorized to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, the Parties intend to enter this Agreement to address the cost associated with a temporary Census Coordinator position (the “Coordinator Position”) with Arapahoe County; and WHEREAS, the Parties, along with other municipalities by separate agreement, intend to assist the County in funding the Coordinator Position as set forth herein; and WHEREAS, the total salary of the Coordinator Position is estimated to be Eighty Thousand Dollars ($80,000); and WHEREAS, the Parties intend that the contributions set forth herein be committed to pay the cost of the Coordinator Position; and WHEREAS, in the event the Coordinator Position cost is less than the estimated cost, the Parties agree that the excess funds will be refunded to the Municipality and other municipalities based upon the proportionate share of their contributions. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties hereby agree as follows: 1. SCOPE OF THE AGREEMENT. The Parties will perform their obligations under this Agreement according to the terms herein and the Scope of Work, attached hereto and fully incorporated herein as Exhibit A. 2. TERM OF THE AGREEMENT. The Term of this Agreement shall be for the duration of the Coordinator Position, ending on October 31, 2020, unless otherwise extended by the Parties by written amendment to this Agreement. 3. ALLOCATION OF COSTS. The Municipality agrees to pay funds directly to the County in the amount of Five Thousand Dollars and No Cents ($5,000.00) no later than March 15, 2020. Page 70 of 394 Page 2 of 7 4. ANNUAL APPROPRIATIONS. Pursuant to C.R.S. § 29-1-110, as amended, the financial obligations of the Parties as set forth herein after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise available. Each Party’s financial obligations under this Agreement are contingent upon its legislative body’s annual appropriation of funds to discharge the obligations set forth in this Agreement. The Parties shall give written notice of such non-appropriation to the other Parties. 5. INDEPENDENT CONTRACTOR. In providing services under this Agreement, the County acts as an independent contractor and not as an employee of the Municipality. The County shall be solely and entirely responsible for its acts, and the acts of its employees, agents, servants, and subcontractors during the term and performance of this Agreement. No employee, agent, servant, or subcontractor of the County shall be deemed to be an employee, agent, or servant of the Municipality because of the performance of any services or work under this Agreement. The County, at its sole expense, shall procure and maintain workers’ compensation insurance and unemployment compensation insurance as required under Colorado law. Pursuant to the Workers’ Compensation Act, § 8-40-202(2)(b)(IV), C.R.S., as amended, the County understands that it and its employees and servants are not entitled to workers’ compensation benefits from the Municipality. The County further understands that it is solely obligated for the payment of federal and state income tax on any moneys earned pursuant to this Agreement. 6. LIABILITY. Each Party assumes responsibility for the actions and/or omissions of its agents and its employees in the performance or failure to perform under this Agreement. 7. NONDISCRIMINATION. The Parties shall not discriminate against any employee or qualified applicant for employment because of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry. The Parties agree to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. 8. INSURANCE AND GOVERNMENTAL IMMUNITY. During the term of this Agreement, the Parties agree to maintain insurance in all forms and types as required by law through either commercial policies or self-insurance. Nothing in this Agreement shall be construed as a waiver by any party of any provisions of the Colorado Governmental Immunity Act, §§ 24- 10-101, et seq., C.R.S., as amended. 9. TERMINATION. Any Party may terminate its participation in this Agreement upon the provision of written notice to the other Parties at least 30 days prior to the effective date of the termination. 10. MUTUAL UNDERSTANDINGS. A. Jurisdiction and Venue. The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The Parties agree that jurisdiction Page 71 of 394 Page 3 of 7 and venue for any disputes arising under this Agreement shall be Arapahoe County, Colorado. B. Record Retention. The Parties shall maintain records and documentation of the services provided under this Agreement, including fiscal records, and shall retain the records for a period of three (3) years from the date this Agreement is terminated, unless otherwise provided or required by law. Said records and documents shall be subject at all reasonable times to inspection, review, or audit by the Parties. C. Assignability. Neither this Agreement, nor any rights hereunder, in whole or in part, shall be assignable or otherwise transferable by any Party without the prior written consent of the other Parties. D. Waiver. Waiver of strict performance or the breach of any provision of this Agreement shall not be deemed a waiver, nor shall it prejudice the waiving party’s right to require strict performance of the same provision, or any other provision in the future. E. Force Majeure. No Party shall be liable for any delay or failure to perform its obligations hereunder to the extent that such delay or failure is caused by a force or event beyond the control of such party including, without limitation, war, embargoes, strikes, governmental restrictions, riots, fires, floods, earthquakes, or other acts of God. F. Notice. Any notices given under this Agreement are deemed to have been received and to be effective: (1) three (3) days after the same shall have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that a facsimile was received. For the purposes of this Agreement, any and all notices shall be addressed to the contacts listed below: For the County: Arapahoe County Attorney 5334 South Prince Street Littleton, Colorado 80120-1136 and (send to both) Arapahoe County Attorney 5334 South Prince Street Littleton, Colorado 80120-1136 Attn: Ron Carl Page 72 of 394 Page 4 of 7 For the Municipality: City Manager City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 and (send to both) City Attorney City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 G. Paragraph Headings. Paragraph headings are inserted for the convenience of reference only. H. Third-Party Beneficiaries. It is expressly understood and agreed that the enforcement of this Agreement and all rights of action relating thereto shall be strictly reserved for the sole and exclusive benefit of the Parties. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person. I. Severability. If any provision of this Agreement is determined to be unenforceable or invalid for any reason, the remainder of this Agreement shall remain in effect, unless otherwise terminated in accordance with the terms contained herein. J. Integration of Understanding. This Agreement contains the entire understanding of the Parties hereto and neither it, nor the rights and obligations hereunder, may be changed, modified, or waived except by an instrument in writing that is signed by the Parties hereto. K. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. L. Authorization. Each Party represents and warrants that it has the power and ability to enter this Agreement, to grant the rights granted herein, and to perform the duties and obligations herein described. Page 73 of 394 Page 5 of 7 IN WITNESS WHEREOF, the Parties, intending to be legally bound, have caused their proper and duly authorized officer or representative to execute and deliver this Agreement as of the day and year first above written. S E A L ATTEST: Clerk to the Board BOARD OF COUNTY COMMISSIONERS ARAPAHOE COUNTY, COLORADO By: Chair, Board of County Commissioners (Or representative authorized by resolution) Date: _________________ CITY OF ENGLEWOOD _________________________________ Linda Olson, Mayor Date: __________________ ATTEST: APPROVED AS TO FORM: ___________________________ _________________________________ Stephanie Carlile, City Clerk Alison McKenney Brown, City Attorney Page 74 of 394 Page 6 of 7 EXHIBIT A SCOPE OF WORK CENSUS COORDINATOR POSITION The Arapahoe County Board of County Commissioners agreed to hire a census liaison, which is an 18-month project designated position to obtain the most accurate and complete population count. This individual will serve as the primary contact and coordinator for Arapahoe County’s efforts related to the 2020 Census. This position will manage the day-to-day planning, coordination and execution of census activities, including engagement and outreach. In addition to leading Arapahoe County’s Complete Count Committee, the census liaison will work with municipal and organizational partners to: Develop a plan for a coordinated county approach to Census 2020; Coordinates with Arapahoe County’s census team (internal staff), organizes a Complete Count Committee (stakeholders), and supports the work of its subcommittees; Coordinate timelines, agendas, and complete meeting minutes for internal or public meetings and events; Coordinates efforts with the U.S. Census Bureau and assists the Bureau with identification of hard-to-count neighborhoods/populations that will require special efforts to achieve a complete count; Coordinates with regional, state and federal agencies, community-based organizations, city agencies, and volunteers performing census outreach efforts; Creates and delivers presentations to Board of County Commissioners, elected officials, staff, stakeholder groups, and partner agencies; Assists communications staff with developing marketing and outreach plans, hosting meetings and events, and drafting content for use in traditional and online communication venues; and Draft and submit grant applications as appropriate to secure funding for outreach and coordination activities. Based on several staff conversations, municipal partners understand the value of the census, but resources are limited. To maximize our collective resources while obtaining the most accurate and complete population count, Arapahoe County is seeking some financial support from its municipal partners for this position. Opportunities in which the census Coordinator Position and County could support municipalities include, but not limited to the following services: Identifying and targeting hard to county communities; Working closely with the U.S. Census Bureau to utilize tools and resources; Attend already-established community events throughout the County hosted by municipalities, nonprofit organizations, faith-based groups, and business partners, by staffing information booths and presenting information; Work with trusted nonprofit organizational partners with hard to count populations; Sponsor and attend public forums and events to provide information and direct outreach; Page 75 of 394 Page 7 of 7 Partner and provide more intensive outreach to households with limited English, homeless populations, institutions, and individuals with limited/inability to access internet/computers; Use GIS/mapping team to assist with canvassing efforts and other partner needs; and Secure grants for countywide outreach efforts. The support Arapahoe County would like to receive from our municipal partners includes, but is not limited to: Involvement/engagement with the Complete County Committee or subcommittee as appropriate; Providing/confirming information on known community events or partner agencies; Pass a proclamation in support of the 2020 Census and the County Complete Count Committee; Sharing census information through established municipal channels; and Entering into an intergovernmental agreement to help fund the census liaison position and outreach efforts. The County also will seek available state grant funds to augment outreach and engagement efforts. Page 76 of 394 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: January 21, 2020 SUBJECT: 2020 Bulk Fuel Purchase DESCRIPTION: 2020 Bulk Fuel Purchase RECOMMENDATION: Staff recommends approval, by resolution, to issue a purchase order in the amount of $413,000 to Hill Petroleum for the purchase of various fuels in 2020, as needed. PREVIOUS COUNCIL ACTION: These expenditures were included in the 2020 budget. SUMMARY: The city owns and maintains a variety of vehicles and equipment used by various departments in their daily operations. The fuel to power the vehicles and equipment is purchased from a supplier, by the Fleet Division, and made available at the city's fueling station at the ServiCenter. Deliveries are made periodically throughout the year, as needed, based on usage. ANALYSIS: Staff did not seek bids for fuel. Instead, staff is recommending that the City utilize a Cooperative Purchasing Agreement obtained from the Colorado Multiple Assembly of Procurement Officials (MAPO). MAPO uses cooperative agreements to obtain bids for the products needed by its members from a larger pool of providers, thereby securing lower prices than members can obtain independently. Englewood Municipal Code 4-1-3-1(C) provides that commodities, supplies and equipment needed by the City may be obtained under any general bid or purchase contract of the United States Government, State of Colorado or other governmental jurisdiction at the prices, terms, and conditions contained therein, when, in the opinion of the City Manager, the governmental unit is deemed to be the source of the lowest and best bid. MAPO prices for fuel are quoted as a Daily Pricing Option whereby the margin pricing (in cents to a maximum of four (4) decimal places) is added to the “rack average” price published by the Denver, Colorado Oil Price Information Service (OPIS) for the type of fuel required in order to determine the actual purchase price. Page 77 of 394 E-85 Fuel Usage Phase Out Beginning in late-2019, staff began to phase out the use of E-85 as an alternative fuel choice for city vehicles. The reason for this is two-fold: 1. E-85 fuel has additives in it that can ruin fuel injectors and clog up other parts of the fuel system. In the warmer months, it will also cause vehicles to vapor lock if they idle for extended periods of time. 2. The older Police patrol vehicles are being phased out for new Dodge Chargers. These new Chargers require a minimum of 87 Octane (regular unleaded fuel). This change is reflected in the attached charts as more unleaded has been purchased and used in 2019 versus E-85 fuel. FINANCIAL IMPLICATIONS: The past four years of fuel purchases, in gallons, and total costs, is summarized in the attached graphs. Staff anticipates expenditures in the following amounts for 2019: Year Diesel E-85 Unleaded DEF Total 2016 $93,305 $93,091 $82,066 n/a $268,461 2017 $109,225 $100,455 $103,057 $833 $313,570 2018 $130,164 $123,256 $103,940 $1,565 $358,924 2019 $151,846 $78,000 $160,261 $1,946 $392,053 2020 $160,000 $10,000 $240,000 $3,000 $413,000 Therefore, staff is requesting approval of one purchase order with Hill Petroleum for $413,000. Fuel purchases and gallons used will continue to be tracked by fuel type. The increase in allocation for Unleaded fuel reflects the department's change to the phase out of E-85 fuel. $423,525 is included in the 2020 budget under Account No. 61-1007-53001, Fuel. With this approval, $10,525 remains in the budget in the case that expenditures exceed the anticipated amount or costs increase significantly due to variations in the market, the world economy, etc. A supplemental appropriation would be sought from City Council if the $423,525 amount will be exceeded. CONCLUSION: Staff recommends that the City utilize the MAPO cooperative agreement to purchase fuel from Hill Petroleum for 2020 and further recommends approval of a purchase order in the amount of $413,000 for this purchase. ATTACHMENTS: Resolution Contract Approval Summary Arapahoe County Agreement Extension Letter Purchased Fuel Graph Fuel Costs Graph Average Cost per Gallon Graph Page 78 of 394 1/2 RESOLUTION NO. _____ SERIES OF 2020 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF FUEL FROM HILL PETROLEUM UNDER THE TERMS OF THE COLORADO MULTIPLE ASSEMBLY OF PROCUREMENT OFFICIALS (MAPO) COOPERATIVE PURCHASING AGREEMENT WHEREAS, Section 116(b) of the Englewood Home Rule Charter, allow contracts for public works or improvements associated with capital improvements to be negotiated, provided that contracts for which no competitive bids have been requested are approved and accepted by Resolution setting forth the reason for the exception to the competitive bidding requirement; WHEREAS, Section 4-1-3-1(C) of the Englewood Municipal Code 2000 allows for the purchase of commodities, supplies and equipment under any general bid or purchase contract of the United States Government, State of Colorado or other governmental jurisdiction at the prices, terms, and conditions contained therein, when, in the opinion of the City Manager, the prices available to the City through such agreement are deemed to be the lowest and best price available to the City; WHEREAS, the City utilizes four different fuels to power its vehicles and equipment used in the execution of employee’s work; WHEREAS, the City, as a municipality, has utilized the Cooperative Purchasing Agreement obtained from the Colorado Multiple Assembly of Procurement Officials (MAPO), serving governmental entities able to use both negotiated agreements and cooperative agreements to obtain bids for the products needed by its members from a larger pool of providers, thereby securing lower prices than members can obtain independently; WHEREAS, the MAPO secured price for fuel is based on a Daily Pricing Option whereby the margin pricing (in cents to a maximum of four (4) decimal places) is added to the “rack average” price published by the Denver, Colorado Oil Price Information Service (OPIS) for the type of fuel required in order to determine the actual purchase price, which the professional staff of the City deem to be the lowest and best price available to the City; WHEREAS, the City anticipates the following expenditures in 2020: Fuel Type Estimated Total 2020 Expenditure Diesel $170,000 E-85 $70,000 Unleaded $180,000 Diesel Exhaust Fluid (DEF) $3,000 Page 79 of 394 2/2 Total $423,000 WHEREAS, the funds for the purchase of fuel comes from the Fleet Division budget, line item 61-1007-53001, Fuel; and WHEREAS, the cost of purchasing fuel over the next year under the cooperative purchasing agreement is not anticipated to exceed $423,000.00. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council hereby authorizes the purchase of fuel from Hill Petroleum pursuant to a cooperative purchasing agreement in lieu of the internal competitive bid process, in an amount not to exceed $423,000.00. ADOPTED AND APPROVED this 21st day of January, 2020. Linda Olson, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2020. ______________________________ Stephanie Carlile, City Clerk Page 80 of 394 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Bryan Thompson Phone: 303-762-2545 Title: Fleet Supervisor Email: bthompson@englewoodco.gov Vendor Contact Information Vendor Name: Hill Petroleum Vendor Contact: Gina Baker Vendor Address: 6301 Ralston Road Vendor Phone: 303-324-4200 City: Arvada Vendor Email: gbaker@hillpet.com State: CO Zip Code: 80002 Contract Type Contract Type:Other (describe below) Description of ‘Other’ Contract Type: Solicitation #RFP-17-50-MAPO ACG Contract #FFFL 176355 Description of Contract Work/Services: Attachments: ☐Contract -- ☐Original ☐Copy ☒Addendum(s) ☐Exhibit(s) ☒Certificate of Insurance Summary of Terms: Start Date: January 2020 End Date: December 2020 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $413,000.00 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: N/A Payment terms (please describe terms or attach schedule if based on deliverables): Billed monthly, based on actual volumes delivered Attachments: ☐Copy of original Contract if this is an Amendment ☐Copies of related Contracts/Conveyances/Documents Bulk fuel & delivery purchases for 2020 Page 81 of 394 Contract Approval Summary March 2019 Update Page | 2 Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☒RFP: ☐ RFP Evaluation Summary Attached ☐ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☐ Qualification Based Selection / Best Value* (Continue on Next Page): *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems 5.) Familiarization with the City of Englewood CAPITAL ONLY A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining C -$ -$ O 2020 61 1007 53001 Fuel 423,525.00$ -$ 413,000.00$ 10,525.00$ -$ -$ -$ -$ Total by Fund - Current Year 423,525.00$ -$ 413,000.00$ 10,525.00$ C -$ -$ -$ -$ O -$ -$ -$ -$ Total by Fund - Year Two -$ -$ -$ -$ Grand Total 423,525.00$ -$ 413,000.00$ 10,525.00$ NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. 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S..2...a E .=5 av..-Page 85 of 394 July 28, 2017 NOTICE OF AWARD BULK FUEL PURCHASE AND DELIVERY FOR COLORADO MAPO AGENCIES RFP-17-50-MAPO Awarded to: Hill Petroleum 6301 Ralston Rd Arvada, CO 80002 Attn: Gina Baker 303.324.4200 Purchasing Contact: Trudi Peepgrass, CPPB 303.734.5448 tpeepgrass@arapahoegov.com PURCHASE BY OTHER GOVERNMENTAL AGENCIES: Each governmental unit which avails itself of this contract will establish its own contact, place its own orders, issues its own purchase orders, be invoiced there from and make it s own payments and issue its own exemption certifications as required by the Vendor. It is understood and agreed that Arapahoe County is not a legally binding party to any contractual agreement made between any other governmental unit and the Vendor as a result of this solicitation. Page 86 of 394 Date: May 11, 2017 Solicitation Number: 17-50-MAPO Solicitation title: BULK FUEL PURCHASE AND DELIVERY FOR COLORADO MAPO AGENCIES Proposal will be received until: June 8, 2017, 2:00 p.m., Our Clock 5334 S. Prince St., Room 480 Littleton, CO 80120 For additional information please contact: Trudi Peepgrass, CPPB, Senior Purchasing Agent (303) 734-5448 Email Address: tpeepgrass@arapahoegov.com Documents included in this package: Request for Proposal Appendix A – Annual Usage Report per Gallon Statement of Interest and Qualifications Appendix B – Pricing Spreadsheet Appendix C – Sample Agreement for Services If any of the documents listed above are missing from this package, contact Arapahoe County Purchasing. If you require additional information, call the Purchasing Division contact person. The Colorado Multiple Assembly of Procurement Officials (Colorado MAPO) Agencies acting collectively through their authorized procurement officials respectfully request proposals for the purchase and delivery of Bulk Fuel to various locations. The Colorado MAPO Agencies collectively or individually reserve the right to reject any and all proposals or any part thereof, to waive any formalities or informalities and further, to award the proposal to the responsive and responsible Vendor(s) as deemed in the best interest of the Colorado MAPO Agencies The undersigned hereby affirms that (1) he/she is a duly authorized agent of the Vendor, (2) he/she has read all terms and conditions and technical specifications which were made available in conjunction with this solicitation and fully understands and accepts them unless specific variations have been expressly listed in his/her offer, (3) the offer is being submitted on behalf of the Vendor in accordance with any terms and conditions set forth in this Solicitation, and (4) the Vendor will accept any awards made to it as a result of the offer submitted herein for a minimum of ninety calendar days following the date of submission. PRINT OR TYPE YOUR INFORMATION Name of Company: ____________________________________________ Fax: _____________ Address: ________________________ City/State: ________________ Zip: ______________ Contact Person: ___________________ Title: _____________________ Phone: ___________ Authorized Representative’s Signature: __________ Phone: ___________ Printed Name: ____________________ Title: _____________________ Date: ____________ Email Address: ___________________ Arapahoe County Finance Department Purchasing Division 5334 South Prince Street, Room 480 Littleton, Colorado 80120 REQUEST FOR PROPOSAL COVER SHEET Page 87 of 394 Pages Submission Form 3 Statement of Interest & Qualifications 4-10 Meet Hill Petroleum Executive Summary 11 Company Profile 12-15 Organization Chart 16 Emergency Contact 17 Resumes 18-23 Evaluation Meeting Criteria 24 Testimonials 25 Pricing Forms Pricing Option 1 - OPIS Daily 26 Pricing Option 2 - Bi-annual 27-28 Pricing Option 3 - Annual 29-30 Pricing Option 4 - DTN Daily 31 Additional Products Propane 32 Oils & Lubricants 33 Equipment 34 Renewable Hydrocarbon Diesel 35-38 Power Service 39-44 Required Documents Proprietary / Confidential Statement 45 Letter of Guarantee 46 W9 47 Addendums 48-51 OPIS 52-59 Page 88 of 394 RFP-17-50-MAPO Page 27 of 34 Revised August 2016 SUBMISSION: It is imperative you address your submittal envelope as follows: Arapahoe County Finance Department Purchasing Division 5334 South Prince Street Room 480 Littleton, CO 80120 Attn: Trudi Peepgrass, CPPB Senior Purchasing Agent RFP-17-50-MAPO Does your Offer comply with all the terms and conditions of this Solicitation? YES / NO If no, indicate exceptions. Does your Offer provide proposed revisions to the Terms and Conditions of the attached Sample Agreement for Services? If yes, indicate exceptions. YES / NO Does your Offer meet or exceed all specifications, including minimum service YES / NO requirements? If no, indicate exceptions. Requirements met and response included? YES / NO Documentation of Local Office Three (3) References Completed Statement of Interest and Qualifications Letter of Guarantee from Refinery / Supplier May any other governmental entity avail itself of this contract and YES / NO purchase any and all items specified? HAVE ALL ADDENDUMS BEEN ACKNOWLEDGED & ENCLOSED YES / NO ORIGINAL AND NUMBER OF COPIES REQUESTED ENCLOSED YES / NO HAS A DULY AUTHORIZED AGENT OF THE VENDOR YES / NO SIGNED THE COVER SHEET IN BLUE INK Arapahoe County must have on file a completed W-9 prior to doing business with vendors. Please submit this form with your response. Arapahoe County Finance Department Purchasing Division 5334 South Prince Street, Room 480 Littleton, Colorado 80120 REQUEST FOR PROPOSAL SUBMISSION FORM 3 Page 89 of 394 RFP-17-50-MAPO Page 16 of 34 Revised August 2016 If your firm is interested and qualified to provide the services requested, complete all blanks indicated below, attach information requested, and return in accordance with instructions contained herein. 1. Submitted By:________________________________________________________________________ a. Corporation__________ Partnership__________ Individual___________ Joint Venture_________ Other: Describe:_________________________________ b. Local office responsible for providing these services: _______________________________________________________________________________ c. Name and telephone number (toll free if applicable) for 24-hour emergency contact: _______________________________________________________________________________ 2. Number of years your firm has been doing business in the State of Colorado under the name stated above: ______________years 3. Number of years your firm has provided fuel, petroleum products and services described herein: _______________years 4. If the duration stated in items 2 and 3 above are not the same, what other services did your firm provide and what other name did your business use during that period which differs? ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ 5. Number of employees at the location indicated in 1.b:______________________________________ 6. Does your firm own its own fuel transport trucks? ____________Yes ______________No 7. Would your firm use common carriers to deliver fuel to MAPO and CEPC agencies or any other agency contracting under this solicitation? _________________Yes ______________No Arapahoe County Finance Department Purchasing Division 5334 South Prince Street, Room 480 Littleton, Colorado 80120 REQUEST FOR PROPOSAL STATEMENT OF INTEREST AND QUALIFICATIONS 4 Page 90 of 394 RFP-17-50-MAPO Page 17 of 34 Revised August 2016 Comments:_______________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ _____________________________________________________________________________ 8. Do you haul sulfur as well as low sulfur diesel in the same delivery trucks? _________________Yes _______________No 9. What assurances can your firm provide the fuel delivered is as specified and not contaminated? ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ _____________________________________________________________________________ 10. Can your firm guarantee product availability to MAPO and CEPC agencies? ________________Yes _______________No a. If yes, provide a letter from your source(s) of supply assuring product availability. b. Describe your procedure for supplying fuel in the event your source(s) of supply cannot: __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ _______________________________________________________________________ 11. What technical assistance would your firm provide to assist an agency experiencing fuel problems while using your products? ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ _____________________________________________________________________________ 12. Describe in detail, your proposed fuel treatment plan, i.e. – tank testing for condensation, etc.: ________________________________________________________________________________ ________________________________________________________________________________ 5 Page 91 of 394 RFP-17-50-MAPO Page 18 of 34 Revised August 2016 ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ _____________________________________________________________________________ 13. Is your firm able to provide fuel deliver on a 24-hour basis in the event of an emergency? ________________Yes _______________No Comments:_______________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________________ 14. Is there an additional charge for after-hours delivery? _______________Yes ________________No Comments:_______________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________________ 15. Does your firm have refueling facilities available for use by MAPO and CEPC agencies? ______________Yes _______________No If yes, please provide locations of refueling facilities: _____________________________________________________________________________ _____________________________________________________________________________ 6 Page 92 of 394 RFP-17-50-MAPO Page 19 of 34 Revised August 2016 _____________________________________________________________________________ __________________________________________________________________________ 16. If a MAPO or CEPC agency is non-compliant with State, Local, Federal, or EPA regulations, will your firm advise the Participating Agency and recommend a solution? ________________Yes _______________No Comments:_______________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________________ 17. Specify the number of working days after an award is made in which your firm will be able to implement a fuel program: __________________________days 18. What type of emergency response procedures does your firm have in place to handle a fuel spill during delivery? ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________________ 19. Is your firm currently, or within the last ten (10) years, been involved in any formal court proceedings regarding any of your services? ________________Yes _______________No Comments:_______________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ 7 Page 93 of 394 RFP-17-50-MAPO Page 20 of 34 Revised August 2016 ________________________________________________________________________________ ____________________________________________________________________________ 20. List other government entities and corporate accounts your firm is currently providing or has previously provided fuel and services as described herein: a. Company / Agency Name: ___________________________________________________ Contact Name: ___________________________________________________ Phone Number: ___________________________________________________ Email Address: ___________________________________________________ Brief Description of Services: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ b. Company / Agency Name: ___________________________________________________ Contact Name: ___________________________________________________ Phone Number: ___________________________________________________ Email Address: ___________________________________________________ Brief Description of Services: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ __________________________________________________________________________ c. Company / Agency Name: ___________________________________________________ Contact Name: ___________________________________________________ Phone Number: ___________________________________________________ Email Address: ___________________________________________________ Brief Description of Services: _____________________________________________________________________________ _____________________________________________________________________________ 8 Page 94 of 394 RFP-17-50-MAPO Page 21 of 34 Revised August 2016 _____________________________________________________________________________ __________________________________________________________________________ d. Company / Agency Name: ___________________________________________________ Contact Name: ___________________________________________________ Phone Number: ___________________________________________________ Email Address: ___________________________________________________ Brief Description of Services: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ __________________________________________________________________________ e. Company / Agency Name: ___________________________________________________ Contact Name: ___________________________________________________ Phone Number: ___________________________________________________ Email Address: ___________________________________________________ Brief Description of Services: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ __________________________________________________________________________ 21. List financial references and include a current annual report or financial statement. THIS IS A MANDATORY REQUIREMENT OF THE PROPOSAL. IF REVIEW IS TO BE RESTRICTED TO OUR SELECTION COMMITTEE OR FINANCIAL OFFICER, MARK THESE DOCUMENTS AS CONFIDENTIAL. a. Company / Agency Name: ___________________________________________________ Contact Name: ___________________________________________________ Phone Number: ___________________________________________________ Email Address: ___________________________________________________ b. Company / Agency Name: ___________________________________________________ Contact Name: ___________________________________________________ 9 Page 95 of 394 RFP-17-50-MAPO Page 22 of 34 Revised August 2016 Phone Number: ___________________________________________________ Email Address: ___________________________________________________ c. Company / Agency Name: ___________________________________________________ Contact Name: ___________________________________________________ Phone Number: ___________________________________________________ Email Address: ___________________________________________________ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK 10 Page 96 of 394 HILL PETROLEUM Page 97 of 394 Executive Summary The following are supporting examples of why Hill Petroleum is uniquely qualified to continue to service this contract. None of the supporting points are there by accident. We specifically shaped our company to meet all of the needs of Municipal petroleum requirements and it has been shaped over three decades of planning and expense and the philosophy that we have a duty to support those that support us. These points differentiate us from other vendors seeking award for this Contract. Over three decades of experience serving the municipal sector including the procurement and maintenance organizations. Access to fuel supply in five states, including primary supply contracts with the top three suppliers in Colorado representing over 80% of all fuel distributed in Colorado. We also have access to rail service at our facility in Arvada. Hill Petroleum currently houses over 250 thousand gallons combined of unleaded and ULSD #2 at our locations. The total volume of this municipal contract represents less than 10 percent of our volume, so even when we are allocated less than 100% of our normal volume, we will always have enough volume for the municipal contract. Number of proprietary delivery equipment. This ensures that fuel is always delivered on Hill Petroleum equipment, and in times of allocation, we have enough equipment to split load accounts and keep them supplied. Energy risk manager on staff with over 30 years experience (forward contracting and hedging experience) in house. This provides different buying options and a resource for municipal budgeting. Technical expertise for blending fuel with additive company and laboratory support that we bundle with annual fuel testing with CLS and OMA certified and accredited personnel on staff. Hill Petroleum has long standing relationships and is a recognized expert with local, state and federal agencies including wildfire support at the local, state and federal level. We were asked to and participated in several coalitions and stakeholder committee’s by the Colorado Governor’s office. We were the only petroleum distributor that was a voting member for the bio-fuels coalition. We were the only petroleum distributor asked to participate in state emergency response planning after the Hurricane Katrina disaster hit Louisiana. We assisted most of the members with standby fuel and tanks in response to the Y2K scare. We also participate in emergency fuel operations planning such as the City of Lakewood drill in 2012. Recognized expert with local Colorado Media and the Colorado State Legislature US military veteran owned business that was born and raised in Colorado as were many of our employees. In summary, our track record verifies that no other petroleum distribution company is better positioned to not only responsibly and effectively service this contract as it is, but also uniquely qualifies Hill Petroleum to efficiently service this contract should its membership increase. Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 11 Page 98 of 394 Company Profile Hill Petroleum is a full service distributor headquartered in Arvada, offering all grades of commercial and retail fuels, including propane. We are also the distributors for Sunoco racing fuels, Chevron and DA lubricants. We have branded distribution terminals located in Greeley, Ft. Morgan and Craig. We have been a family owned and operated corporation since 1982. The Hill Petroleum Family has approximately 100 members. Several of which, are 20 plus year employees. We have our own fleet of newer maintained trucks that include 14 transports, 21 tank wagons, 2 bulk oil trucks, 9 package trucks, 8 propane trucks and 6 service trucks. Hill Petroleum delivers a wide variety of products to approximately 5000 customers throughout the tri-state region. We currently deliver over 100 million gallons of fuel and 1.7 million gallons of oil per year. Hill Petroleum also delivers 3 million gallons of propane to a wide variety of residential and commercial customers. Hill Petroleum maintains a user friendly state of the art website, www.hillpet.com. Our website also gives you access to daily energy market comments from our Energy Risk Manager via a one time subscriber registration. Our customers may access SDS and Product Information sheets as well as link into our distributor’s websites for up to date information. Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 12 Page 99 of 394 Troy Hill- President Troy Hill learned about this field while working for the family-owned petroleum business while attending high school. After serving with distinction and being honorably discharged from the U.S. Navy in 1989, he returned to Colorado to attend college on a full-time basis while also working at Hill Petroleum. His thorough knowledge of the Company’s operations is the result of holding almost every job at Hill Petroleum, from delivery driver, dispatcher, warehouse manager, sales representative, sales manager, operations manager and general manager. Troy Hill has overall responsibility for all facets of day-to-day operations since 2001. He has led successful negotiations with the Company’s suppliers, lenders, vendors and customers while streamlining its accounting procedures and implementing new computer software, which led to expansions to three other parts of the state with physical branches of the company. Troy currently sits on the Executive Board of Directors for the Colorado Motor Carriers Association, and the Legislative Committee, and is a Board of Trustee Member for the Colorado Wyoming Petroleum Marketers Association. He has served on the State Of Colorado Bio-Fuels Coalition and the Colorado State Emergency Response Task force on two different occasions. Bryant Gimlin – Vice President of Operations Bryant has over 30-years experience in the procurement, trading, hedging and contracting of Refined Fuels and Propane. His specialty is working with the end-user to implement strategies that minimize the risk associated with adverse price movement. Strategies are tailored to meet the specific needs and goals of each individual customer, help them recognize “key” buy, hold and contract opportunities and ultimately protect against budget overruns. His vast experience in the “physical” side of the market insures reliable supply even in times of extreme shortage. He writes and posts Daily Market Commentaries and intra-day market alerts to keep Hill Petroleum customers informed of not only of which way fuel prices are trending, but also explains why. On the operations side, Bryant insures Hill Petroleum’s properties, plants and equipment are completely modern, state-of-the-art, safe and efficient. Hill Petroleum’s drivers are the most highly trained and professional in the industry because of the programs he has implemented. He helps maintain a culture where safety, customer service and quality control are of paramount importance. MEET HILL PETROLEUM Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 13 Page 100 of 394 Gina Baker — Sales Representative It has been Gina’s privilege to be the sales representative for Hill Petroleum serving the members of the MAPO for the past 16 years. Gina has been in the Oil and Fuel business for over 25 years, and a Chevron Distributor Sales Rep for Hill Petroleum for 16 years. Gina has been through Chevron Texaco and Mobil Oil Lubrication training programs; this continued training gives her a great deal of knowledge within the industry. Gina has been on the sales side of this business for over 20 years, prior to that she was in customer sales, dispatch, and oil analysis. This diverse back ground has provided her with a well-rounded knowledge of this industry. Accounting Department - Peter Baron, Andrew Siragusa, Tammy Walsh, Brandy Farley, Delores Minter, Carolyn Slocum, Jean Ferrel and Wendy Shaw (not pictured) Hill Petroleum’s Accounting Department is centrally located at the corporate office in Arvada. Tammy is Hill Petroleum’s Controller and has over 15 years experience with Hill Petroleum. The remaining staff has experience with all facets of billing and collections. Our accounting office work closely with the sales department, dispatch and the sales assistants to insure that all customer’s orders are invoiced correctly. Sales Assistants - Katie Atencio & Dawn Mascarenas Katie has been with Hill Petroleum for 7 years. She started in the Accounting Department pricing and invoicing fuel and oil customers. Katie moved over into the Sales Department 4 years ago. Dawn has been with Hill Petroleum for 6 years. She started in the Dispatch office, taking orders for fuel and oil. Dawn moved over to the Sales Department 5 years ago. With both girls knowing and having seen how the customers order fuel and oil products as well as the pricing and invoicing our customers has truly been an asset for the Sales department. Jessica Lanphier - HR Director Jessica has been with Hill Petroleum for 10 years in the HR department. Jessica has over 15 years specializing in small to mid-size organizations providing guidance and leadership. Her broad experience includes, benefits, employee relations, payroll, Work comp, general liability, recruiting, and management. Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 14 Page 101 of 394 Paul Edmisson, Ashley Ryan & Brian Morse - Dispatch Hill Petroleum’s Dispatch team consists of 3 people, 2 located in Arvada and 1 in Greeley. Paul has been with Hill Petroleum for 10 years and in the Dispatch department for 3 years. Ashley has been with Hill for 6 years and in the Dispatch Department for 2 years. Brian, our Greeley Dispatcher has been with Hill Petroleum Dispatch Department for 1 year. All of our dispatchers are able to dispatch for one another if one is not available. Hill Petroleum utilizes the most recent GPS tracking system that allows us constant contact with our drivers while they are on the road. We have our own maintenance shop at our Arvada and Greeley locations. This allows us to have our trucks maintained in house and ready to go each day without relying on another company. Drivers - Arvada & Greeley Hill Petroleum has 37 drivers between the 4 locations, with 16 based out of Arvada and 13 based out of Greeley. Most of our drivers have been with us for at least five years, the average length of time is over 10 years. Most of our drivers have been crossed trained, so that if a driver is on vacation or sick, we have a back up plan. Hill Petroleum believes we have the most professional and experienced drivers as well as the rest of our dedicated staff. Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 15 Page 102 of 394 Troy Hill President Tammy Walsh Controller Peter Baron Sr Accountant Brandy Farley Jean Ferrel Delores Minter Wendy Shaw Carolyn Slocum Andrew Siragusa Jessica Lanphier Human Resources Lynda Rowe HR Assistant Hamid Ansari IT Bryant Gimlin VP Operations & Energy Risk Perry Flot Greeley Branch Manager Jodene Adams Carrie Cavalli Caleb Onley Leonard Salazar Steve Rulon Ft Morgan Branch Manager Tammy Dreher Nancy Zillich Doug Hector Lucas Bergstrom Craig Branch Manager Calla Cook Matt McHugh Equipment Manager Don Ginther Troy Staudinger Shane Windsheimer Dispatch Paul Edmisson Brian Morse Ashley Ryan Brandi Rivera Arvada Drivers James Cordova Issac Cuffee Christian Delgado Daniel Dewey Brian Drake Ryan Gallegos Harold Hedgecock Arthur Jackson Kevin Mayes Jessee Meadows Patrick Moran James Petrie Tracy Sarver Tom Shields Russel Slinker Victor Stanley Craig Drivers Jake Hartung Sam Montieth Deneena Oberhansly Adam Smith Ft Morgan Drivers Ed Ponce Stephen Porter Kyle Reitz Vince Retna Greeley Drivers Danny Beauvais Shawn Cass Richard Cordova Billy Hartwig Jack Hill Wayne Kawata Erik Miller Mike Mitchell Shane Palmer Gabe Rodriguez Lenny Vancil Joe Wasung Willie Wilson Fleet Maintenance Tim Hoffman David Hollister Scott Lewis Patrick Noud Wendy Wood Butch Kirkeby Warehouse Manager Alax Lujan Warehouse Supervisor Aaron Albert Jamie Rice Frank Vigil Cory Crandall Sales Manager Katie Atencio Dawn Mascarenas Rodney Asbury Tony Asbury Gina Baker Sandy Greenspoon Bill Karlik Bill Peterson Shawn Stacy Joe Swank Tom Walsh Retail Operations Jason Gillian Assistant Manager Shawndee Arellano Casey Black Alyson Groetken Charlotte Muth Heather Sena Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 16Page 103 of 394 Emergency Contact Information Gina Baker >> Distributor Sales Rep Cell 303-324-4200 Home 303-702-0776 Work 303-424-6262 Email: gbaker@hillpet.com Ashley Ryan >> Central Dispatch Paul Edmisson >> Central Dispatch Cell 303-881-5042 Cell 720-666-3262 Work 303-350-3767 Work 303-350-3750 Email: aryan@hillpet.com Email: pedmisson@hillpet.com Brian Morse >> Greeley Dispatch Perry Flot >> Greeley Manager Cell 970-415-2888 Cell 970-539-0765 Email: bmorse@hillpet.com Email: pflot@hillpet.com Dawn Mascarenas >> Sales Assistant Katie Atencio >> Sales Assistant Work 303-350-3763 Work 303-350-3773 Email: dmascarenas@hillpet.com Email: katencio@hillpet.com Tammy Walsh >> Controller Bryant Gimlin >> VP Operations Work 303-350-3753 Cell 970-590-8782 Email: twalsh@hillpet.com Email: bgimlin@hillpet.com Jessica Lanphier >> HR Director Troy Hill >> President/Owner Cell 720-319-1699 Cell 303-434-7595 Email: jlanphier@hillpet.com Email: troyhill@hillpet.com Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 17 Page 104 of 394 Gina Baker Distributor Sales Rep 303-324-4200 gbaker@hillpet.com Work History: April 2001 to Present Hill Petroleum Distributor Sales Rep Responsibilities: Maintaining over 300 active sales accounts. Daily interaction with the multiple departments, Operations, Shipping & Receiving, Accounts Payable, Etc. Extensive Product Application knowledge. August 1998 thru April 2001 Gray Oil Distributor Sales Rep Responsibilities: Oil and Fuel Sales, Daily Operations, Accounts Payable February 1996 thru August 1998 Siegel Oil . Operations Responsibilities: Receptionist, Inside Sales, Product analysis, Dispatching, Oil Lab Technician Education & Training: Pomona High School – 4.0 GPA 1984 Colorado Community Collage 3.8 GPA 1986 Customer Service Relations 1996 OSHA Hazard Analysis 1996 Mobil Lubrication Training 2000 Chevron Lubrication Training 2002 Waukasha Products training 2004 Chevron University 2005-Present American Refining Education 5/6/2013 Skills & Experience: Over 25 years in the Oil and Fuel business, this experience has resulted in a well-rounded solid performer with an outstanding record of achievements in sales, distribution, operations and accounts payable. A key ingredient to her outstanding performance is a unique understanding of organizational needs, TEAM objectives, attention to detail, and strong communication skills. Gina Baker has been a Distributor Sales Rep for Hill Petroleum for 15 years. Gina has been through Chevron-Texaco and Mobil Oil Lubrication programs; this continued training gives her a great deal of knowledge within the industry. Gina has been in the sales side of this business for over 20 years, prior to that she was in customer sales, dispatch, and oil analysis. This diverse back ground has provided her with a well- rounded knowledge of this industry. Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 18 Page 105 of 394 Jessica L. Lanphier 303-350-3762 jlanphier@hillpet.com May 2006- Present Hill Petroleum Human Resource Director Employee relations, employee benefits, employment recruiter, policy development and training, employment and compliance to regulatory concerns and reporting, employee services and counseling, employee safety, wellness, welfare, and health, FMLA, ADA, 401K,Payroll. Primary Objectives: Safety of the workforce, development of a superior workforce, development of the Human Resource department, development of an employee-oriented company culture that emphasizes quality, continuous improvement, and high performance, personal ongoing development and training. 2000- April 2006 Associates in Women’s Health Office Designed workflows for staff, employee benefits, coordinated with building management on office logistics, implemented new scheduling and patient record software EMR, selected and recommended purchase of surgical equipment as well as review contracts with vendors, customers service, patient greeting and scheduling. Education Lakewood High school 1999 Metro State College 2006 Additional certifications Human Resources and the law, DOT compliance, DOT Transportation awareness, CSA, reasonable suspicion Training, Accident Investigation, Hours of service and log book compliance, Payroll law, Health care reform, fire extinguisher, safety, Affirmative defense Reponses System Certified, FMLA, managing emotions and thriving under pressure, OSHA, Compliance & work place safety. Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 19 Page 106 of 394 Katie Atencio 303-350-3773 katencio@hillpet.com Work History: November 2010 - Present Hill Petroleum Inside Sales Perform administrative and office support activities for multiple supervisors. Duties include fielding telephone calls, word processing, filing, review and process paperwork, and compile data for all customers. Maintain distributor price spreadsheets from Chevron and DA Lubricants. Uses outlook on a daily basis marking important dates on the calendar and setting up reminders throughout the month Create, maintain and publish sales related spreadsheets for review Generate and process all fuel and oil paperwork Validate pricing on all invoices and review for any errors Allocate inventory accordingly through purchase orders and receiving documents January 2009 - May 2010 West Woods Elementary Assistant Director – School Age Enrichment Program Students in the program ranged in age from 5 to 12 years old. Position required getting each student involved in daily learning activities for before - after school program Responsibilities include program administration, daily activity planning, monitoring student attendance, and establishing the daily schedule, including breaks, snack time, brain time tasks, and crafts. When a different school needed coverage I was a director substitute and took on the roles of the specific program Worked with a variety of curriculums, and learned to adjust to different administrative requirements and needs February 2008 – December 2008 Hill Petroleum Customer Service Representative Required daily interaction with the public. Duties include greeting customers, answering phones and directing customer to correct personnel, booking sales meetings, and problem resolution related to the customers. Communicated with a 2-way radio between sales and dispatch for all operational needs. Supported sales assistant with daily needs and tasks to be completed. Visited customers to make sure all of their requests were being fulfilled. Used data systems to enter and update customer information, and maintained sale and purchase orders. Schedule lunch meeting for sales representatives to meet with customers Updated data systems with current price lists Processed credit applications for all customers and insured customer received all orders correctly and timely Arranged travel accommodations for advertising and promotional events within the sales department Education: Colorado Professional Teaching License April 2006 Metropolitan State College of Denver December 2007 Bachelor of Science in Behavioral Science Minor in Elementary Education Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 20 Page 107 of 394 Dawn Mascarenas 303-350-3763 dmascarenas@hillpet.com Work History : October 2011 – Present Hill Petroleum Inside Sales – Sales Assistant Assist Sales Staff with maintaining customer accounts, taking fuel and product orders. Account set up. Provide internal and external customer support. January 2011 – May 2011 School District 11 Teacher Aide Assisted Kindergarten teacher with daily lessons, class supervision and testing. Daily contact with students and parents. February 2004 – August 2009 Pioneer Sand Co Dispatch Assistant Reconciled driver’s paperwork including DOT exemption logs. Entered and maintained maintenance records. Maintained fuel records for the Colorado Springs and Denver locations. Ordered various types of flagstone. Maintained E470 accounts. Provided internal and external customer support. August 2001 – February 2004 Adelphia Customer Service Representative Provided customer service to incoming calls, helped customers with billing issues and upgrading services. Trouble shot problems to provide resolution. October 1993 – August 1996 Nextel Accounts Payable Clerk Entered and processed payables for vendors M-Z. Processed bi-weekly check runs. Processed end of month and end of year reports Education Pima Medical Institute, Medical Assisting, August 2009 to April 2010 University Of Colorado at Colorado Springs, Accounting, August 1990 to June 1992 Skills Certified in Medical Assisting, CPR, HIPPA, OSHA and medical terminology. MS Word, MS Excel, MS Outlook, Sage Software, CFA Info System, Phoenix Fuel System, JJ Keller Exemption System. Strong work ethic, excellent attention to detail, superior organizational skills, exceptional interpersonal skills, including phone and office etiquette. Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 21 Page 108 of 394 Tammy Walsh 303-350-3753 twalsh@hillpet.com Work History: 2001 to present Hill Petroleum Controller/Corporate Sec/Treasurer Handling financials, bank reconciling, Day to day Operations. Other jobs held at this company: Fuel and sales tax reporting– All types of Government forms. Getting daily fuel pricing and distribution of prices to over 5000 accounts. Purchasing fixed forward fuel. Pricing OPIS based customers. Station Manager – Day to day operations, Manager of 7. Cost management, buying, pricing, Theft Prevention, etc. Data Entry – Entering data from BOL’s, updating accounts and mailing, entering inventory. Maintaining customer cards and pricing all fuels and oils from previous day, tracking all customers fleet fueling, setting up all customers. Dispatcher, managing 9 drivers and truck maintenance and day to day operations. Accounting Manager – oversee 4 employees, day to day operations, customer service, controlling company software, IT. 1998 – 2000 Smoker Friendly/Gas-A-Mat Manager Manage of 4 Employees, Day to day operations, Customer service, Payroll, ordering fuel and supplies, Pricing, Propane filling, Cost Management, and Buying. Theft prevention. Paperwork and bookkeeping, etc. 1993 – 1998 Total/Diamond Shamrock Manager, Manage of 7 Employees, Day to day operations, Customer Service, Payroll, ordering fuel and supplies, Pricing, Propane filling, Cost Management, and Buying. Theft prevention. Paperwork and bookkeeping, etc. Education: Graduated from Thornton High School Skills: Extensive experience in gas station operations and overall operations of oil and fuel distribution. Knowledge in DM2 (MAS90 and MAS200) accounting application. Advanced in Excel functions, including query. Microsoft Word. Knowledge of Access. Certificate of Completion of Crystal Reporting training class. Proficient in Data Entry and 10-key. Customer Service, Marketing, Price Management, Inventory management, Reporting and graphing, Supervisor, Dispatch, Cost management, Taxes – fuel and sales and use, Government reporting, Payroll, Fleet Fueling Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 22 Page 109 of 394 Paul Edmisson Cell (303) 424-6262 pedmisson@hillpet.com Work History: May 2006 – Present Hill Petroleum Dispatch Supervisor (2015 – Present) Dispatcher (2012 – 2015) Responsible for providing first line supervision to drivers and monitoring their performance. Duties include: Taking customers orders via email or phone, planning out next day routes for drivers, coordinating the daily operations of drivers, monitoring traffic conditions, letting drivers know the safest and quickest route to take, ensuring that all aspects of Health, Safety, Federal, State and Locals laws are adhered to, maintaining records of customer delivery info, updating daily dispatch spreadsheet of deliveries , ensuring the timely completion of all deliveries. Constant communication with fleet maintenance on any issues that arise, develop strong working relationship with drivers and customers. Keeping track of driver DOT hours, driver weekend on call schedules, and driver reviews. Assistant Manager Sinclair Station (2006-2012) Manage employees, interviewing/hiring, resolve customer complaints, create and maintain customer fuel card accounts, handle money, data entry, store pricing, requisitions, invoices, inventory, employee and manager schedules, training, and overall maintenance of station. 1998 - 2005 Air Wisconsin Airlines Passenger Service Agent Team lead for general ground operations of flights which included: loading and unloading baggage from aircraft, routing and delivering baggage to other airlines, directing movement of aircraft in and out of gates, and assisted passengers with flight information. 1993 - 1998 Super Saver Cinemas Assistant Manager (1995 - 1998) Relief Manager (1993 - 1995) Managed employees, interviewing/hiring, worked with customers to resolve complaints, money handling, employee and manager schedules, finances, requisitions, payroll, inventory, maintenance, training employees and managers, and overall maintenance on 35mm movie projectors. 1996 Externship CW Channel 2 Worked under Art Director to create advertisements for sponsors, and graphics for TV news editable for broadcast. Education Bachelors of Science Degree in Animation Westwood College 3.91 GPA 2002-2004 Associate Degree in Graphic Design Denver Institute of Technology 3.8 GPA 1995-1996 High School Diploma Thornton High School 1990-1993 Skills Outstanding skills in Graphic Design, Modeling/Animation, Video and Sound Editing, Advertisements, Experienced in leading a team, including training personnel, Excellent telephone and customer service skills, Proficient with requisitions, money handling, and payroll, Basic computer skills on Windows, including MS Word, Excel, and Power Point Graphic Software Adobe: Illustrator, Photoshop, Premiere, Indesign, and After Effects , 3D Studio Max/Character Studio Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 23 Page 110 of 394 Understanding scope of work - Gina Baker has been Hill Petroleum’s designated sales representative serving the members of the MAPO group for the past 16 years. Gina’s inherent knowledge and extensive product training coupled with Hill Petroleum’s long term expertise and service capacity has historically provided the members of the MAPO with an unequaled level of product application and delivery services. Hill Petroleum has been providing these services to the MAPO group for over two decades. It has been our team’s privilege to meet and exceed these requirements. The timely and accurate delivery of these products regardless of the conditions (rain storms, blizzards, forest fires, and other catastrophic events) has been and will remain as one of our primary operational objectives. This team offers a comprehensive understanding of the complex and dynamic challenges associated with the long term management of today’s modern fleet operating within the complex environmental climates of the Rocky Mountain region. It is our humble and sincere opinion that this unique combination of sales expertise, product knowledge, company capabilities and long standing experience serving the MAPO group has positioned Hill Petroleum as the most qualified provider of petroleum products within the Rocky Mountain region. Firm Experience & Testimonials - References and testimonials included—see attached Fee Schedule - Hill Petroleum accepts the following forms for payment: EFT, ACH, check, and credit card. Credit card payments are only accepted on tank wagon deliveries only. Fuel tank wagon deliveries are a net 30 days, while we offer a lower mark-up for transport deliveries paid in net 10 days. All oil deliveries and tank wagon propane deliveries are net 30 days. All past due invoices will be subject to a 2% per month late fee. Performance Capability - Hill’s Petroleum’s 35 years of unyielding, long term performance and capabilities are unequaled among our competition. We deliver a wide variety of products to approximately 5000 customers throughout the tri-state region. We currently deliver over 100 million gallons of fuel and 1.7 million gallons of oil per year. Hill Petroleum also delivers 3 million gallons of propane to a wide variety of residential and commercial customers. Hill Petroleum is always ready to deliver under the following adverse conditions: regional petroleum allocations, the 100 year flood of 2013, multiple forest fire events, blizzards, rain storms, and other environmental abnormalities. Evaluation Criteria Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 24 Page 111 of 394 Testimonials: To all concerned participants: The City of Littleton, Fleet Services Division has been doing business with Hill Petroleum for the entire fifteen plus years of my employment here. We purchase fuel from them exclusively. We also purchase the bulk of our various lubricants from Hill. We have found their products to be of high quality and a fair price. Their line offers a product for all our needs and so much more. I consider Troy, Gina, and the rest of Hill’s staff to be my friends as well as our advisors and business partners. They are very well informed in the field and always have the answers or solutions we are looking for. Service from Hill Petroleum is impeccable and a direct reflection of the company’s management and culture. In addition to helping us find the right products , they also help us maintain the integrity of our delivery systems through tank inspections and reporting. They demonstrate their commitment to us as a customer through priority service and the hosting of learning opportunities. We have come to trust Hill Petroleum implicitly and would do business elsewhere only grudgingly. Alan H. Brown, CPFP Fleet Manager, City of Littleton 1800 W. Belleview Littleton, CO 80120 Office - 303-795-3982 Cell - 303-598-6320 “We have been partners with and customers of Hill Petroleum for over 20 years. Our experience has been very positive. They provide on-time service and quality product all with a focus on strong customer service. Because there are several vendors who are awarded the annual MAPO contract, we know we have a choice. But because of our long-term positive relationship with Hill, we continue to use their services because their prices have been competitively bid and contract options meet our purchasing requirements. When we have needs that are out of the ordinary, Hill Petroleum has always been quick to help us out with a positive attitude, great problem-solving ideas and professional follow-up services. We anticipate that because of this strong and lengthy relationship, should our needs ever exceed normal (as in an emergency situation), Hill will continue to step up and serve as a strong and valuable partner in helping us meet critical infrastructure needs for the Lakewood community.” Nina Hoffert, MPA, CAFM | Fleet Manager | City of Lakewood | 303-987-7790 | lakewood.org For approximately 18 years Littleton Public Schools and Hill Petroleum have been partners in dealing with our fuel and lubricant needs and with any other needs that arise within the district. Once an order is placed, you can be assured of a prompt and courteous acknowledgement with an order confirmation and estimated delivery. Working with the folks at Hill Petroleum, you will not find a more professional and dedicated group of people to work with. Keith Blanchfield Parts Control Ph 303-347-4788 Fax 303-347-4789 email: KBlanchfield@lps.k12.co.us Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 25 Page 112 of 394 OPTION # 1 - DAILY PRICING OPTION VENDOR NAME Hill Petroleum ***7001-10,000 pricing is Net 10 VENDOR CONTACT Gina Baker GASOLINE 300-500 501-1000 1001-2000 2001-3000 3001-4000 4001-7000 7001-10,000 UNLEADED 0.1500 0.1300 0.0950 0.0800 0.0600 0.0550 0.0230 MID-GRADE 0.1500 0.1300 0.0950 0.0800 0.0600 0.0550 0.0230 PREMIUM 0.1500 0.1300 0.0950 0.0800 0.0600 0.0550 0.0230 50/50 GASOHOL E-10 NA NA NA NA NA NA NA OXY UNLEADED 0.1500 0.1300 0.0950 0.0800 0.0600 0.0550 0.0230 OXY MID-GRADE 0.1500 0.1300 0.0950 0.0800 0.0600 0.0550 0.0230 OXY PREMIUM 0.1500 0.1300 0.0950 0.0800 0.0600 0.0550 0.0230 E-85 0.1500 0.1300 0.0950 0.0800 0.0600 0.0550 0.0230 DIESEL 300-500 501-1000 1001-2000 2001-3000 3001-4000 4001-7000 7001-10,000 CLEAR ULSD 0.1500 0.1300 0.0950 0.0800 0.0600 0.0550 0.0230 DYED ULSD 0.1500 0.1300 0.0950 0.0800 0.0600 0.0550 0.0230 CLEAR WB ULSD 0.1500 0.1300 0.0950 0.0800 0.0600 0.0550 0.0230 DYED WB ULSD 0.1500 0.1300 0.0950 0.0800 0.0600 0.0550 0.0230 BIODIESEL see below B-20 NA NA NA NA NA NA NA #1 CLEAR ULSD 0.1500 0.1300 0.0950 0.0800 0.0600 0.0550 0.0230 #1 DYED ULSD 0.1500 0.1300 0.0950 0.0800 0.0600 0.0550 0.0230 #2 DYED ULSD 0.1500 0.1300 0.0950 0.0800 0.0600 0.0550 0.0230 WINTERBLEND See above Clear WB ULSD & Dyed WB NA NA NA NA NA NA NA B-20 0.1500 0.1300 0.0950 0.0800 0.0600 0.0550 0.0230 DIESEL EXHAUST FUEL (DEF)1.1800 1.1800 1.1800 1.1800 1.1800 1.1800 1.1800 Provide margin pricing (in cents to a maximum of four (4) decimal places) for each line item, to be added to the “rack average” price published by the Denver, Colorado Oil Price Information Service (OPIS) for the type of fuel required in order to determine the actual purchase price. The average price published by the Denver, Colorado OPIS each Thursday shall be in effect for purchases from Monday through Sunday of the following week. If OPIS does not publish a price for the type of fuel required in the current week, the most recent published price shall prevail. The Contractor will email this report weekly to the designated contact person for each Participating Agency. GALLONS GALLONS 26Page 113 of 394 OPTION # 2 - BI-ANNUAL PRICING VENDOR NAME Hill Petroleum Fixed pricing is not available for products listed as NA VENDOR CONTACT Gina Baker Downside protection included APRIL - SEPTEMBER ***For Quoting purposes only - price not guaranteed GASOLINE 300-500 501-1000 1001-2000 2001-3000 3001-4000 4001-7000 7001-10,000 UNLEADED NA NA NA NA NA NA NA MID-GRADE NA NA NA NA NA NA NA PREMIUM NA NA NA NA NA NA NA 50/50 GASOHOL E-10 NA NA NA NA NA NA NA OXY UNLEADED 1.7436 1.7236 1.6886 1.6763 1.6536 1.6486 1.6166 OXY MID-GRADE 1.9186 1.8986 1.8636 1.8513 1.8286 1.8236 1.7916 OXY PREMIUM 2.2436 2.2236 2.1886 2.1763 2.1536 2.1486 2.1166 50/50 OXY GASOHOL NA NA NA NA NA NA NA E-85 NA NA NA NA NA NA NA DIESEL 300-500 501-1000 1001-2000 2001-3000 3001-4000 4001-7000 7001-10,000 CLEAR ULSD 1.8302 1.8102 1.7752 1.7602 1.7402 1.7352 1.7032 DYED ULSD 1.8337 1.8137 1.7787 1.7637 1.7437 1.7387 1.7067 CLEAR WB ULSD NA NA NA NA NA NA NA DYED WB ULSD NA NA NA NA NA NA NA BIODIESEL see below B-20 NA NA NA NA NA NA NA #1 CLEAR ULSD NA NA NA NA NA NA NA #1 DYED ULSD NA NA NA NA NA NA NA #2 DYED ULSD 1.8337 1.8137 1.7787 1.7637 1.7437 1.7387 1.7067 WINTERBLEND See above Clear WB ULSD & Dyed NA NA NA NA NA NA NA B-20 NA NA NA NA NA NA NA DIESEL EXHAUST FUEL (DEF)1.18 1.18 1.18 1.18 1.18 1.18 1.18 Pricing (in cents to a maximum of four (4) decimal places) for each line item, will be fixed for a term of 6-months. Denver, Colorado OPIS pricing shall be used to determine pricing April 1st through September 30th and October 1st through March 31st. The Contractor will email by April 1st and October 1st, a bi-annual report to the designated contact person for each Participating Agency outlining the costs for the upcoming 6-month term. Do not include any State or Federal Taxes. GALLONS GALLONS 27Page 114 of 394 OPTION # 2 - BI-ANNUAL PRICING VENDOR NAME Hill Petroleum Fixed pricing is not available for products listed as NA VENDOR CONTACT Gina Baker Downside protection included Pricing (in cents to a maximum of four (4) decimal places) for each line item, will be fixed for a term of 6-months. Denver, Colorado OPIS pricing shall be used to determine pricing April 1st through September 30th and October 1st through March 31st. The Contractor will email by April 1st and October 1st, a bi-annual report to the designated contact person for each Participating Agency outlining the costs for the upcoming 6-month term. Do not include any State or Federal Taxes. OCTOBER - MARCH GASOLINE 300-500 501-1000 1001-2000 2001-3000 3001-4000 4001-7000 7001-10,000 UNLEADED NA NA NA NA NA NA NA MID-GRADE NA NA NA NA NA NA NA PREMIUM NA NA NA NA NA NA NA 50/50 GASOHOL E-10 NA NA NA NA NA NA NA OXY UNLEADED 1.6268 1.6068 1.5718 1.5568 1.5368 1.5318 1.4998 OXY MID-GRADE 1.8018 1.7818 1.7468 1.7318 1.7118 1.7068 1.6748 OXY PREMIUM 2.1268 2.1068 2.0718 2.0568 2.0368 2.0318 1.9998 50/50 OXY GASOHOL NA NA NA NA NA NA NA E-85 NA NA NA NA NA NA NA DIESEL 300-500 501-1000 1001-2000 2001-3000 3001-4000 4001-7000 7001-10,000 CLEAR ULSD 1.8393 1.8193 1.7843 1.7693 1.7493 1.7443 1.7123 DYED ULSD 1.8328 1.8228 1.7878 1.7728 1.7528 1.7478 1.7158 CLEAR WB ULSD NA NA NA NA NA NA NA DYED WB ULSD NA NA NA NA NA NA NA BIODIESEL see below B-20 NA NA NA NA NA NA NA #1 CLEAR ULSD NA NA NA NA NA NA NA #1 DYED ULSD NA NA NA NA NA NA NA #2 DYED ULSD 1.8328 1.8228 1.7878 1.7728 1.7528 1.7478 1.7158 WINTERBLEND See above Clear WB ULSD & Dyed NA NA NA NA NA NA NA B-20 NA NA NA NA NA NA NA DIESEL EXHAUST FUEL (DEF)1.18 1.18 1.18 1.18 1.18 1.18 1.18 GALLONS GALLONS 28Page 115 of 394 OPTION # 3 - ANNUAL PRICING VENDOR NAME Hill Petroleum Fixed pricing is not available for products listed as NA VENDOR CONTACT Gina Baker Downside protection included FIXED ANNUAL RATE BASED ON OPIS PRICES ***For Quoting purposes only - price not guaranteed GASOLINE 1-25,000 25,000 - 50,000 50,001 - 75,000 75,001- 100,000 100,001- 125,000 125,001- 150,000 150,000- 200,000 200,001- 250,000 UNLEADED NA NA NA NA NA NA NA NA MID-GRADE NA NA NA NA NA NA NA NA PREMIUM NA NA NA NA NA NA NA NA 50/50 GASOHOL E-10 NA NA NA NA NA NA NA NA OXY UNLEADED 1.5649 1.5649 1.5649 1.5649 1.5649 1.5649 1.5649 1.5649 OXY MID-GRADE 1.7399 1.7399 1.7399 1.7399 1.7399 1.7399 1.7399 1.7399 OXY PREMIUM 2.0649 2.0649 2.0649 2.0649 2.0649 2.0649 2.0649 2.0649 50/50 OXY GASOHOL NA NA NA NA NA NA NA NA E-85 NA NA NA NA NA NA NA NA DIESEL 1-25,000 25,000 - 50,000 50,001 - 75,000 75,001- 100,000 100,001- 125,000 125,001- 150,000 150,000- 200,000 200,001- 250,000 CLEAR ULSD 1.7211 1.7211 1.7211 1.7211 1.7211 1.7211 1.7211 1.7211 DYED ULSD 1.7246 1.7246 1.7246 1.7246 1.7246 1.7246 1.7246 1.7246 CLEAR WB ULSD NA NA NA NA NA NA NA NA DYED WB ULSD NA NA NA NA NA NA NA NA BIODIESEL see below B-20 NA NA NA NA NA NA NA NA #1 CLEAR ULSD NA NA NA NA NA NA NA NA #1 DYED ULSD NA NA NA NA NA NA NA NA #2 DYED ULSD 1.7246 1.7246 1.7246 1.7246 1.7246 1.7246 1.7246 1.7246 WINTERBLEND See above Clear W NA NA NA NA NA NA NA NA B-20 NA NA NA NA NA NA NA NA DIESEL EXHAUST FUEL (DEF)1.18 1.18 1.18 1.18 1.18 1.18 1.18 1.18 Pricing (in cents to a maximum of four (4) decimal places) for each line item, will be fixed for a term of 12-months. Denver, Colorado OPIS pricing shall be used to determine pricing July 1st through June 30th. The Contractor will email by July 1st, an annual report to the designated contact person for each Participating Agency outlining the costs for the upcoming 12-month term. Do not include any State or Federal Taxes. ANNUAL GALLON USAGE ANNUAL GALLON USAGE 29Page 116 of 394 OPTION # 3 - ANNUAL PRIC VENDOR NAME VENDOR CONTACT FIXED ANNUAL RATE BASED ON O GASOLINE UNLEADED MID-GRADE PREMIUM 50/50 GASOHOL E-10 OXY UNLEADED OXY MID-GRADE OXY PREMIUM 50/50 OXY GASOHOL E-85 DIESEL CLEAR ULSD DYED ULSD CLEAR WB ULSD DYED WB ULSD BIODIESEL see below B-20 #1 CLEAR ULSD #1 DYED ULSD #2 DYED ULSD WINTERBLEND See above Clear W B-20 DIESEL EXHAUST FUEL (DEF) Pricing (in cents to a maximum of f determine pricing July 1st through outlining the costs for the upcoming Hill Petroleum Gina Baker 250,001- 300,000 300,001- 350,000 350,001- 400,000 400,001- 450,000 450,001- 500,000 500,001+ NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA 1.5649 1.5649 1.5649 1.5649 1.5649 1.5649 1.7399 1.7399 1.7399 1.7399 1.7399 1.7399 2.0649 2.0649 2.0649 2.0649 2.0649 2.0649 NA NA NA NA NA NA NA NA NA NA NA NA 250,001- 300,000 300,001- 350,000 350,001- 400,000 400,001- 450,000 450,001- 500,000 500,001+ 1.7211 1.7211 1.7211 1.7211 1.7211 1.7211 1.7246 1.7246 1.7246 1.7246 1.7246 1.7246 NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA 1.7246 1.7246 1.7246 1.7246 1.7246 1.7246 NA NA NA NA NA NA NA NA NA NA NA NA 1.18 1.18 1.18 1.18 1.18 1.18 30Page 117 of 394 Hill Petroleum would like to offer an additional pricing option. Pricing Option 4 will be based off the Daily DTN Sinclair as per current MAPO Contract. DTN price + Mark-up (includes freight & margin) Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page Tank Wagon delivery Net 30 Mark-up 1-299 gallons 0.275 300-500 gallons 0.15 501-1000 gallons 0.13 1,001-2,000 gallons 0.095 2,001-3,000 gallons 0.08 3,001-4,000 gallons 0.06 4,001-10,000 gallons 0.055 Transport delivery Net 10 Mark-up 7200 - 8200 gallons 0.023 Transport delivery Net 30 Mark-up 7200 - 8200 gallons 0.048 OPTION 4 - DTN Daily 31 Page 118 of 394 ADDITIONAL PRODUCTS Page 119 of 394 Additional product offerings: PROPANE As an additional offering to this RFP, Hill Petroleum would like to offer transport or tank wagon quantities of propane can be quoted either in a spot or forward contract. Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 32 Page 120 of 394 Additional product offerings: OILS & LUBRICANTS As an additional offering to this RFP, Hill Petroleum would like to offer oil lubricants and chemicals to be purchased / delivered in bulk or package quantities. Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 33 Page 121 of 394 Additional product offerings: EQUIPMENT As an additional offering to this RFP, Hill Petroleum would like to offer the options of purchasing and loaning fuel and lubricant storage equipment. Above Ground Fuel Tanks Propane Tanks Oil Tanks -- Complete Custom Systems Hose Reels (Cox Reels, American Lube) Oil & Grease Pumps (American Lube, National Spencer, Liquid Dynamics) Filters (Petro Clean, Cimtek) Hoses (Couplamatic, Flexing) Gauges for tank Level, inventory control (Smart Logix) Meters (Fill Rite, American Lube) Nozzles (Husky) Pumps (Fill Rite) Fuel Management Systems Products Available: Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 34 Page 122 of 394 As an additional offering to this RFP, we would like to offer the option of Renewable Hydrocarbon Diesel (R98) Hill Petroleum is the authorized distributor for REG June 1st Posted Price — 3.29/gal including rail & storage — RINless Pricing (Posted Price + Mark-up) As an additional offering to this RFP, we would like to offer the option of REG Bio Diesel (B99) Hill Petroleum is the authorized distributor for REG June 1st Posted Price — 1.73/gal Pricing (Posted Price + Mark-up) Additional product offerings: Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page Mark-up Transport delivery 0.268 Tank wagon delivery 0.30 Mark-up Transport delivery 0.118 Tank wagon delivery 0.30 35 Page 123 of 394 36 Page 124 of 394 37 Page 125 of 394 38 Page 126 of 394 Hill Power Plus Program What does Hill Power Plus do? Hill Petroleum’s Hill Power Plus Additive was developed with the help of Power Service by taking and blending a combination of Power Service Products. It upgrades ULSD #2 to a Premium Grade, and assures peace of mind. How does it accomplish this? It does this in several ways, such as: 1. Provides a higher cetane rating 2. Provides better stability for stored fuel 3. Keeps injectors running efficiently, cleaner and lubricated 4. Assures peace of mind against winter jelling economically 5. Assures peace of mind for fuel storage integrity Hill Petroleum uses a 1:3000 treat ratio during the summer months and a 1:1500 treat ratio during our winter months. We sample your tank for: Biologic contamination—Fungal contamination—Water We give you an itemized report of the results of the sample, and treat the tank with biocide if necessary. While testing your tanks we will advise you on having your water removed and give you names and numbers of companies that will further assist you. SUMMARY The Hill Power Plus Program ensures you of a smooth, problem free fleet operation where fuel storage and usage is concerned, and it does it for .013 cents per gallon for the summer treat and .026 for the winter treat ratio, over the ULSD #2 cost. This is cheap insurance compared to the alternative. Additional product offerings: Hard copies of this document are for RFP 17-50 MAPO only and should not be considered the latest revision beyond the date of printing 6-8-17 Hill Petroleum page 39 Page 127 of 394 HILL POWER PLUS+ Enhanced Diesel This is not your grandfather’s diesel !!!! Ultra Low Sulfur Diesel (ULSD) fuel burns cleaner by significantly reducing sulfur oxide emissions and particulate matter, however the refinery processes to create this fuel result in several problematic issues including increased paraffin (wax) content, decreased solvency and poor lubricity. Many of the fuels in our region also contain small amounts of bio diesel which usher in additional issues with fuel stability and winter operability. As your premier supplier of fuel and lubricants it is our duty to deliver the highest quality diesel possible to protect and improve the performance of your equipment and therefore we have created the HILL POWER PLUS+ diesel fuel program. As the temperature drops during winter months the moisture in fuel causes icing and the paraffin wax in fuel causes gelling which can result in expensive down time. HILL POWER PLUS+ enhanced diesel fuel contains the most advanced anti-gelling and anti-icing chemistries available in the market place today from the largest name in the additive industry. The fuels we use are routinely tested for correct treatment and the intricate additive injecting systems on our delivery trucks ensure proper dosage so you have the highest confidence in your diesel fuel. With the extreme temperature fluctuations experienced throughout the year, moisture is even more of an issue in Colorado than other regions of the country and therefore HILL POWER PLUS+ combines Power Service Diesel Fuel Supplement PLUS + Clear Diesel to offer the ultimate in winter protection. Winter Benefits Gelled Fuel Filter Iced Fuel Filter 40 Page 128 of 394 A healthy fuel delivery system starts with a healthy fuel storage system and you can rest assured that proper tank hygiene is an essential part of the HILL POWER PLUS+ enhanced diesel program. Our diesel fuel storage tanks are tested and treated for moisture and microbial (bacteria & fungi) contamination semi-annually. Partners committed to using this exceptional fuel on a year around basis also have their on-site storage tanks tested semi-annually by trained operators. HILL POWER PLUS+ Year Round Benefits Winter operability has always been an area of concern with diesel fuel however ULSD has ushered in many other issues that can effect year around performance and quality of your fuel. To improve year-around quality and performance of the diesel fuel available in the Colorado marketplace HILL POWER PLUS+ also contains the following Power Service chemistries. Diesel fuel hydro-treating processes to remove sulfur from today’s diesel fuel result in a lack of fuel lubricity necessary to protect moving components of the fuel delivery system (i.e. pumps and injectors). HILL POWER PLUS+ is tested and treated to meet and exceed ASTM and EMA requirements for fuel lubricity to protect your equipment. Today’s High Pressure Common Rail injection system produces power more efficiently while still meeting more stringent emission regulations, however the extreme pressures and temperatures within the injectors produce internal deposits and ULSD fuel lacks solvency to dissolve these deposits. HILL POWER PLUS+ contains advanced deposit-control detergent/dispersant technology to keep expensive common rail injectors from sticking, performing improperly, and needing to be replaced prematurely. Cetane rating is a measure of time lapse from the time of Injection to the time of combustion or explosion of the fuel in the cylinder of the diesel engine. The faster this event occurs the higher the Cetane rating will be. Diesel engine manufacturers desire a cetane rating of 50 in order to achieve optimal fuel combustion resulting in more power, less smoking and improved fuel economy. HILL POWER PLUS+ contains copious amounts of cetane improver with the objective of taking today’s available fuels and reaching engine manufacturers recommendations. 41 Page 129 of 394 FOR IMMEDIATE RELEASE Contact: Susan K. Medina 817.707.1306 Cummins, Inc. Officially Recommends Power Service® Diesel Kleen +Cetane and Diesel Fuel Supplement +Cetane Boost For Optimized Engine Performance Weatherford, TX, May 10, 2017 – In a historic industry move, Cummins, Inc., the world’s largest manufacturer of diesel engines, (NYSE:CMI) now officially endorses and recommends two Power Service products – Diesel Kleen +Cetane Boost and Diesel Fuel Supplement +Cetane Boost – for use in diesel engines. The announcement comes after significant internal testing concluded both products meet Cummins® requirements, becoming the first fuel additive products that Cummins Inc. has ever officially recommended in the marketplace. Roger England, Director of Technical Quality and Materials Engineering for Cummins Inc., stated that “In recent years diesel fuel quality has become increasingly important as engines evolve and the diesel fuel manufacturing processes change. The Power Service Diesel Kleen and Diesel Fuel Supplement additives provide easily-accessible solutions with proven technology to customers in the field when they encounter challenges with their fuel such as poor lubricity, low cetane numbers, low temperature operability issues, injector deposits, etc. Cummins Inc. is in a very unique position in that we design not only the engine but also the turbochargers, fuel system, and after treatment systems, which enables us to fully leverage the Power Service diesel fuel additive technologies” With the advancement of diesel engine technology and to fully realize the benefits of today’s cleaner burning fuels, using Power Service Diesel Kleen +Cetane Boost as a year-round performance enhancer cleans dirty injectors, prevents injector sticking, smooths rough-running engines and can improve fuel economy. This all translates into maximizing overall engine performance. 42 Page 130 of 394 Diesel Fuel Supplement +Cetane Boost, recommended for use in cold winter months when temperatures drop below +30F, is a winterizer/anti-gel used to prevent fuel gelling and keep fuel-filters from plugging with ice and wax. When temperatures drop, paraffin (wax) in Ultra-Low-Sulfur Diesel fuel (ULSD) will gel, stopping fuel from flowing through the engine and water in the fuel can freeze on the facings of fuel-filters, blocking fuel flow. This formula provides trouble-free winter operation for diesel fuel. “This partnership allows Cummins to leverage Power Service’s wide distribution network and industry leading technology to make diesel fuel solutions more accessible to our customers,” said Gary Ross, Director of Global Mining Business, Cummins Filtration. “When Cummins and Power Service began to discuss the endorsement partnership, it was a culmination of 60-years of hard work and dedication to developing the most consistent and effective diesel additives on the market,” said President of Power Service Products Ed Kramer. “This partnership is a confirmation of Power Service’s continued commitment to our customers and to the entire industry.” About Cummins, Inc. Cummins Inc., a global power leader, is a corporation of complementary business units that design, manufacture, distribute and service diesel and natural gas engines and related technologies, including fuel systems, controls, air handling, filtration, emission solutions and electrical power generation systems. Headquartered in Columbus, Indiana, (USA) Cummins currently employs approximately 55,400 people worldwide and serves customers in approximately 190 countries and territories through a network of approximately 600 company-owned and independent distributor locations and approximately 7,400 dealer locations. Cummins earned $1.39 billion on sales of $17.5 billion in 2016. Press releases can be found on the Web at www.cummins.com. Follow Cummins on Twitter at www.twitter.com/cummins and on YouTube at www.youtube.com/cumminsinc. About Power Service Products Power Service Products, a third-generation family, woman- and veteran-owned company, opened for business in 1956 in a small one-car garage and has since grown into one of the industry’s greatest success stories. The company’s research laboratory is a recognized leader in the development of a complete line of proprietary-formulated diesel fuel additives which are sold in highly concentrated formulations for large commercial operations and in retail packages available at truck stops and automotive retailers nationwide. For more information about Power Service, visit the company’s 43 Page 131 of 394 website at www.powerservice.com. Follow Power Service Products on Twitter at www.twitter.com/pspadditives and on Facebook at www.facebook.com/powerserviceproducts. -30- 44 Page 132 of 394 REQUIRED DOCUMENTS Page 133 of 394 RFP-17-50-MAPO Page 34 of 34 Revised August 2016 "I/We acknowledge that subsequent to award of this solicitation, all of, or part of this submittal may be released to any person or firm who may request it, as prescribed by the State of Colorado Open Records Act CRS 24-72-201 et seq., as amended, and that: ______ None of this submittal is considered proprietary or confidential OR ______ The portions/pages of this submittal identified below are proprietary and/or confidential for the reasons stated (cite the specific exemptions allowed by the Colorado Open Records Act/Government Code): ______________________ __________________________________________________________ ______________________ __________________________________________________________ ______________________ __________________________________________________________ ______________________ __________________________________________________________ ______________________ __________________________________________________________ ______________________ __________________________________________________________ ______________________ __________________________________________________________ General reference to Freedom of Information Act (FOIA) or Colorado Open Records Act (CORA) is not sufficient justification. I/We acknowledge that the above statements may be subject to legal review and challenge." Signature below indicates that applicant has read all the information provided above and agrees to comply in full. This addendum is considered as a section of the Request for Proposal RFP-17-50-MAPO and therefore, this signed document shall become consideration and fully submitted with the original package. ___________________________________________ ___________________________ Signature Date ___________________________________________ ___________________________ Print Name Title ____________________________________________ Company Name Arapahoe County Finance Department Purchasing Division 5334 South Prince St Room 480 Littleton, Colorado 80120 REQUEST FOR PROPOSAL PROPRIETARY / CONFIDENTIAL STATEMENT 45 Page 134 of 394 46Page 135 of 394 w-g Request for Taxpayer ldentification Number and Gertification tax return). is required on this line; do Give Form to the requester. Do not send to the lRS. IRS that you are currently subject to backup withholding transactions, item 2 does not apply. For mortgage . Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tu¡tion) . Form 1099-C (canceled debt) . Form 1 099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U,S, person (including a resident alien), to provide your correct TlN. lf you do not retum Form W-g to the requester with a TlN, you might be sub¡ect to backup w¡thholding. Søe What is backup withholding? on page 2. By signing the filled-out form, you: 1. Certify that the TIN you are giving ¡s correct (or you are waiting for a number to be issuod), 2. Certify that you are not subiect to backup withholding, or 3..Claim exemption from backup wlthholding if you are a U.S. exempt payee, lf applicable, you are also cedifying that as a U.S. person, your allocable shaio of any partnership income from a U.S. trade or business is not sublect to the withholding tax on foreign partners' share of effoctively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, ¡s correct. See whai ,s FAICA report¡ng? on page 2 for further information. Form (Rev. December 201 4) Department of the TÍeasury lnternal Revenue Seruice on ( c..¡ 6)ft)(ú o- c at2oôà'F:ooe*-ã Ào 'ı t¡, o.Ø oo U) 2 Business name,above t ll k¿l¿,¿ 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) _ Exemption from FATCA reporting code (if any) (Appl¡es lo accounls ñâiñta¡nød ouls¡de lhe U.S.) name and address (optional) 7 List account number(s) here (opt¡onal) on Number Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (ElN). lf you do not have a number, see How to get a I/N on page 3. Note. lf the account is in more than one namer see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Gertification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the lnternal Revenue Service (lRS) that I am subiect to backup withhold¡ng as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the because you have failed to report all abandon interest and dividends on your tax return. For real estate interest paid, acquisition or ment of secured property, cancellation of debt, contributions to an individual retirement arrangement (lRA), and generally, payments other th dividends, you to sign the certification, but you must provide your correct TlN. See the instructions on o. Sign Here t General lnstructions or Sect¡on references are to the lnternal Revenue Code unless otherwise noted. Future developments. lnformation about developments affecting Form W-9 (such as legislation enacted after we release it) is 4 www.¡rs.govlfwg, Purpose of Form An individual or €ntity (Form W-9 requester) who is required to file an information return with the IRS must obta¡n your correct taxpayer identification number CflN) which may be your social secur¡ty number (SSN), individual taxpayer identification number (lTlN), adoption taxpayer identif¡cation number (ATIN), or employer ¡dentification number (ElN), to report on an informat¡on rètum the amount paid to you, or other amount repodable on an information return. Examples of information returns include, but are not limited to, the following: o Form 1 099-lNT (interest earned or paid) ¡ Form 1 099-DlV (dividends, including those from stocks or mutual funds) . Form 1 099-MISC (var¡ous types of income, pr¡zes, awards, or gross proceeds) . FoÍm 1 099-8 (stock or mutual fund sales and certain othèr transactions by brokers) o Form 1 099-S (procèeds from real estate transactions) . Form 1 099-K (merchant card and th¡rd party network transactions) 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: n lnd¡vidual/solepropr¡etoror ff CCorporation n SCorporation ! Partnership I Trust/estate single-member LLC ! LimlteO liability company. Enter the tax classification (C=C corporat¡on, S=S corporation, P=partnership) Þ Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above forthe tax classif¡cation of the single-member owner. fl other (see /,05o t street, and Kal s lon R¿ 5 Address (number,apt. or suite no.) 6 CitV, state, Ar veda- co 80oo tand ZIP code number Part I identificatíon q a f 3 Ò I Part ll U.S. person > Signature Date > Cat. No. 10231X Form W-9 (Rev. 12-2014) 47 Page 136 of 394 RFP-17-50-MAPO Page 1 of 1 Addendum #1 ADDENDUM #1 BULK FUEL PURCHASE AND DELIVERY FOR COLORADO MAPO AGENCIES RFP-17-50-MAPO Arapahoe County received an Open Records request for the following: A complete copy of bid tabulations from your last awarded bid for gasoline and diesel. A copy of the original awarded vendor’s bid from your last awarded bid (pages where they put their pricing and/or signature and any additional pages provided with their bid) for and diesel. Two (2) invoices per month of your current contract delivered by your current vendor(s) and corresponding bill of ladings of each gasoline and diesel. Attached are documents relating to the Open Records request for Arapahoe County. Attachments Consolidated Matrix_13-38-MAPO Hill Petroleum Proposal_13-38-MAPO Hill Petroleum Invoices 01/01/2017 – 04/11/2017 Required Documentation: Failure to provide required information may deem your submittal non-responsive. Documentation of Local Office Three (3) References Completed Statement of Interest and Qualifications Letter of Guarantee from Refinery / Supplier ACKNOWLEDGEMENT TO ADDENDUM #1 Signature below indicates that applicant has read all the information provided above and agrees to comply in full. This addendum is considered as a section of the Request for Proposal RFP-17-50-MAPO and therefore, this signed document shall become consideration and fully submitted with the original package. ___________________________________________ ___________________________ Signature Date ___________________________________________ ___________________________ Print Name Title ____________________________________________ Company Name Arapahoe County Finance Department Purchasing Division 5334 South Prince St Room 480 Littleton, Colorado 80120 REQUEST FOR PROPOSAL ADDENDUM 05/12/2017 48 Page 137 of 394 RFP-17-50-MAPO Page 1 of 3 Addendum #2 ADDENDUM #2 BULK FUEL PURCHASE AND DELIVERY FOR COLORADO MAPO AGENCIES RFP-17-50-MAPO Administrative Clarifications One (1) Original Hard Copy, One (1) Original Soft Copy (USB/CD) and Nine (9) Hard Copies, a TOTAL of ELEVEN (11) copies are due THURSDAY, June 8, 2017, 2.00 p.m. (our clock) # signatures must accompany the submittals: 1. Request for Proposal Cover Sheet 2. Addendum # 1 and Addendum # 2 3. Letter of Submission, any exceptions/assumptions the submitting party is taking must be stated in this letter. 4. SUBMISSION OF OFFERS: The original Offer must be received before the due date and time as specified in this solicitation. The Vendor is responsible for addressing the envelope as indicated below. If the submittal arrives late, it will be returned unopened. Address the envelope as follows: Arapahoe County Purchasing Division 5334 South Prince Street. Room 480 Littleton, CO 80120 ATTN: Trudi Peepgrass, CPPB Senior Purchasing Agent RFP-17-50-MAPO Points of Clarification The question period has expired Responses will be evaluated based on the evaluation criteria on page 25 Responses should follow the Response Format on page 24 as well as include all responses to all mandatory requirements. We will be verifying submittals include the following: Documentation of Local Office Three (3) References Completed Statement of Interest and Qualifications Letter of Guarantee from Refinery / Supplier If a submittal is missing any of the above mentioned documentation the submittal may be returned to the vendor as non-responsive and be deemed ineligible to participate. Attachments Revised Appendix B Pricing Spreadsheet Arapahoe County Finance Department Purchasing Division 5334 South Prince St Room 480 Littleton, Colorado 80120 REQUEST FOR PROPOSAL ADDENDUM 05/31/2017 49 Page 138 of 394 RFP-17-50-MAPO Page 2 of 3 Addendum #2 Responses to Vendor Questions May we submit any additional pricing options with this bid? Yes, note in the proposal as an additional pricing option. Price option #2 and #3 (Bi-Annual and Annual), were you are asking for a fixed price, fixed pricing is based on the futures market and not OPIS. Do you want futures/fixed pricing for these options? Provide the best pricing option for the agencies. Price option #2 and #3 do you want us to submit downside protection? Yes, provide downside protection. Please provide information on tanks by location – are they above ground or below ground? Tank information, including location is included on the usage spreadsheet. Please provide tank size by location. Tank information, including location is included on the usage spreadsheet. What is the average size Transport Load Delivery? This would be dependent on each agency usage. What is the maximum Tank Wagon Load Delivery? This would be dependent on each agency usage. What is 50/50 Gasohol? Is this an E-50? Amend to E-10 – revised on Appendix B Pricing Spreadsheet What is Oxy Unleaded? Is this the 7.8lb RVP? Amend to E-10 – revised on Appendix B Pricing Spreadsheet What is 50/50 Oxy Gasohol? Is the E-10 7.8lb? Amend to E-10 – revised on Appendix B Pricing Spreadsheet What is Clear WB ULSD? There is a ULSD Winter Blend on a separate line item We are looking for pricing for both Clear Winter Blend ULSD and Dyed Winter Blend ULSD. Appendix B Pricing Spreadsheet has been revised. For the Biodiesel line item, is this B100? B10? B5? There is a separate line item for B20 listed. B20 is used; any additional percentages will need to be discussed with each agency. The bid state that Ethanol Products are NOT acceptable, however the previous invoices show delivery of Ethanol product. Please confirm whether this bid, is in fact requesting all grades of gasoline with NO ETHANOL. The delivery of fuel that contains ethanol is acceptable. What types and brand of additives are used by the Colorado MAPO Agencies? Cold flow improver, Biocide, detergent, etc.? Arapahoe County utilizes Hill Power Plus brand cold flow improver. Page 24, Item IV Response Format – indicates the submittal should be prepared simply and economically providing straightforward, concise description of the vendor’s ability to perform the requirements of the solicitation. With this information, the documents are indicating the information be in tab format; therefore, are you wanting the bid in three ring binders in tab format or what type of binding would be acceptable with the tab format? Submittal should have a table of contents including page numbers and tabs based on section of the submittal. 50 Page 139 of 394 RFP-17-50-MAPO Page 3 of 3 Addendum #2 Are we required to bid on all products as listed on the pricing sheets (Appendix B)? A supplier who can provide all fuel types is preferred, but all responsive, responsible submittals will be evaluated. Are we required to submit pricing for all 3 Options? Yes. Each agency will choose the pricing option best for their organization. ACKNOWLEDGEMENT TO ADDENDUM #2 Signature below indicates that applicant has read all the information provided above and agrees to comply in full. This addendum is considered as a section of the Request for Proposal RFP-17-50-MAPO and therefore, this signed document shall become consideration and fully submitted with the original package. ___________________________________________ ___________________________ Signature Date ___________________________________________ ___________________________ Print Name Title ____________________________________________ Company Name 51 Page 140 of 394 Account #137340 To align the following data, change the font size to 9 in Courier New. DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS CLEAR PRICES** 7.8 RVP Move Terms Unl Move Mid Move Pre Move Date Time Cenex b 1-10 -- -- -- -- -- -- -- -- 221.90 - .95 05/24 18:00 Sinclair b 1-10 -- -- -- -- 207.70 - .50 -- -- -- -- 05/23 18:01 Sinclair u 1-10 -- -- -- -- 207.70 - .50 -- -- -- -- 05/23 18:01 LOW RACK -- -- 207.70 221.90 HIGH RACK -- -- 207.70 221.90 RACK AVG -- -- 207.70 221.90 OPIS GROUP 3 DELIVERED SPOT (SRI) FOB DENVER -- -- 183.53 -- -- BRD LOW RACK -- -- 207.70 221.90 BRD HIGH RACK -- -- 207.70 221.90 BRD RACK AVG -- -- 207.70 221.90 UBD LOW RACK -- -- 207.70 -- -- UBD HIGH RACK -- -- 207.70 -- -- UBD RACK AVG -- -- 207.70 -- -- CONT AVG-05/25 -- -- 202.56 221.90 CONT LOW-05/25 -- -- 192.28 221.90 CONT HIGH-05/25 -- -- 207.70 221.90 DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS CLEAR PRICES** 9.0 RVP Move Terms Unl Move Mid Move Pre Move Date Time Sinclair b 1-10 -- -- -- -- 207.70 - .50 -- -- -- -- 05/23 18:01 Sinclair u 1-10 -- -- -- -- 207.70 - .50 -- -- -- -- 05/23 18:01 LOW RACK -- -- 207.70 -- -- HIGH RACK -- -- 207.70 -- -- RACK AVG -- -- 207.70 -- -- OPIS GROUP 3 DELIVERED SPOT (SRI) FOB DENVER -- -- 183.53 191.16 BRD LOW RACK -- -- 207.70 -- -- BRD HIGH RACK -- -- 207.70 -- -- BRD RACK AVG -- -- 207.70 -- -- UBD LOW RACK -- -- 207.70 -- -- UBD HIGH RACK -- -- 207.70 -- -- UBD RACK AVG -- -- 207.70 -- -- CONT AVG-05/25 -- -- 207.70 -- -- CONT LOW-05/25 -- -- 207.70 -- -- CONT HIGH-05/25 -- -- 207.70 -- -- DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS CBOB ETHANOL(10%) PRICES** 7.8 RVP 52 Page 141 of 394 Move Terms Unl Move Mid Move Pre Move Date Time Valero u N-10 172.95 - 1.15 184.95 - 1.15 217.95 - 1.15 05/24 18:00 Suncor u N-10 176.50 - 2.50 193.50 - 2.50 218.50 - 2.50 05/24 18:00 Valero b 1-10 176.80 - 1.20 187.55 - 1.20 220.80 - 1.20 05/24 18:00 Valero DS b 1-10 176.80 - 1.20 187.55 - 1.20 220.80 - 1.20 05/24 18:00 HlyFrntr u N-10 177.01 - 2.00 194.01 - 2.00 219.01 - 2.00 05/24 18:00 Cenex b 1-10 178.05 - 1.25 197.15 - 1.95 221.05 - 2.00 05/24 18:00 Sun-Shell b 1-10 178.50 - 2.50 195.50 - 2.50 220.50 - 2.50 05/24 18:00 Sun-XOM b 1-10 178.50 - 2.50 -- -- -- -- 220.50 - 2.50 05/24 18:00 Sinclair b 1-10 179.20 - .50 196.20 - .50 221.20 - .50 05/23 18:01 Sinclair u 1-10 179.20 - .50 196.20 - .50 221.20 - .50 05/23 18:01 Shell b 125-3 181.36 - .98 198.57 - .98 230.88 - .98 05/24 18:00 LOW RACK 172.95 184.95 217.95 HIGH RACK 181.36 198.57 230.88 RACK AVG 177.72 193.12 221.13 BRD LOW RACK 176.80 187.55 220.50 BRD HIGH RACK 181.36 198.57 230.88 BRD RACK AVG 178.46 193.75 222.25 UBD LOW RACK 172.95 184.95 217.95 UBD HIGH RACK 179.20 196.20 221.20 UBD RACK AVG 176.42 192.17 219.17 CONT AVG-05/25 177.72 193.12 221.13 CONT LOW-05/25 172.95 184.95 217.95 CONT HIGH-05/25 181.36 198.57 230.88 DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS CBOB ETHANOL(10%) PRICES** 9.0 RVP Move Terms Unl Move Mid Move Pre Move Date Time Valero u N-10 172.95 - 1.15 184.95 - 1.15 219.95 - 2.15 05/24 18:00 Valero b 1-10 176.80 - 1.20 187.55 - 1.20 220.80 - 1.20 05/24 18:00 Valero DS b 1-10 176.80 - 1.20 187.55 - 1.20 220.80 - 1.20 05/24 18:00 HlyFrntr u N-10 177.01 - 2.00 194.01 - 2.00 219.01 - 2.00 05/24 18:00 Gulf b 1-10 178.85 - 2.50 193.45 - 2.60 223.20 - 2.60 05/24 18:00 Sinclair b 1-10 179.20 - .50 196.20 - .50 221.20 - .50 05/23 18:01 Sinclair u 1-10 179.20 - .50 196.20 - .50 221.20 - .50 05/23 18:01 PSX b 1-10 179.35 - .10 -- -- -- -- 222.78 - .10 05/24 18:00 Shell b 125-3 181.36 - .98 198.57 - .98 230.88 - .98 05/24 18:00 Hartland u Net -- -- -- -- -- -- -- -- 216.35 - 1.15 05/24 18:00 LOW RACK 172.95 184.95 216.35 HIGH RACK 181.36 198.57 230.88 RACK AVG 177.95 192.31 221.62 BRD LOW RACK 176.80 187.55 220.80 BRD HIGH RACK 181.36 198.57 230.88 BRD RACK AVG 178.73 192.66 223.28 UBD LOW RACK 172.95 184.95 216.35 UBD HIGH RACK 179.20 196.20 221.20 UBD RACK AVG 176.39 191.72 219.13 CONT AVG-05/25 177.95 192.31 221.62 CONT LOW-05/25 172.95 184.95 216.35 CONT HIGH-05/25 181.36 198.57 230.88 53 Page 142 of 394 DENVER, CO LOW RETAIL 215.03 AVG RETAIL 230.43 LOW RETAIL EX-TAX 173.19 AVG RETAIL EX-TAX 188.59 DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS PURE ETHANOL PRICES** w/out with Move Terms RINS Move RINS Move Date Time Sinclair b 1-10 162.00 - 1.00 -- -- -- -- 05/24 18:01 LOW RACK 162.00 -- -- HIGH RACK 162.00 -- -- RACK AVG 162.00 -- -- BRD LOW RACK 162.00 -- -- BRD HIGH RACK 162.00 -- -- BRD RACK AVG 162.00 -- -- CONT AVG-05/25 162.00 -- -- CONT LOW-05/25 162.00 -- -- CONT HIGH-05/25 162.00 -- -- TOTAL ETHANOL AVG 162.00 DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS E-70 PRICES** Move Terms Unl Move Date Time Valero u N-10 120.32 + .77 05/24 18:00 Valero b 1-10 121.54 + .78 05/24 18:00 Cenex b 1-10 135.92 + .34 05/24 18:00 LOW RACK 120.32 HIGH RACK 135.92 RACK AVG 125.93 BRD LOW RACK 121.54 BRD HIGH RACK 135.92 BRD RACK AVG 128.73 UBD LOW RACK 120.32 UBD HIGH RACK 120.32 UBD RACK AVG 120.32 CONT AVG-05/25 125.93 CONT LOW-05/25 120.32 CONT HIGH-05/25 135.92 DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR DISTILLATE PRICES** Move Terms No.2 Move No.1 Move Pre Move Date Time Valero u N-10 167.90 - .15 181.90 - .15 -- -- -- -- 05/24 18:00 Growmark u N-10 168.71 - 2.36 -- -- -- -- -- -- -- -- 05/25 12:30 54 Page 143 of 394 Musket u N-10 169.00 + .25 -- -- -- -- -- -- -- -- 05/24 18:00 Cenex b 1-10 169.04 - 2.50 193.29 - 2.50 173.79 - 2.50 05/25 12:00 HlyFrntr u N-10 169.32 + 4.50 189.32 + 4.50 172.67 + 4.50 05/19 18:00 Suncor u N-10 170.50 + .50 194.50 + .50 173.50 + .50 05/23 18:00 Hartland u Net 171.50 - 2.00 198.25 - 2.00 -- -- -- -- 05/24 18:00 Valero b 1-10 171.60 + .55 -- -- -- -- -- -- -- -- 05/23 18:00 Valero DS b 1-10 171.60 + .55 -- -- -- -- -- -- -- -- 05/23 18:00 Sun-XOM b N-10 172.50 + .50 -- -- -- -- 175.50 + .50 05/23 18:00 Sinclair b 1-10 172.60 + .50 197.85 + .50 -- -- -- -- 05/23 18:01 Sinclair u 1-10 172.60 + .50 197.85 + .50 -- -- -- -- 05/23 18:01 PSX u N-10 173.00 + .25 -- -- -- -- -- -- -- -- 05/23 18:00 PSX b 1-10 173.40 + .10 197.64 + .10 175.42 + .10 05/24 18:00 Shell u N-10 174.03 - .04 -- -- -- -- -- -- -- -- 05/24 18:00 Shell b 125-3 175.79 - .04 -- -- -- -- -- -- -- -- 05/24 18:00 LOW RACK 167.90 181.90 172.67 HIGH RACK 175.79 198.25 175.50 RACK AVG 171.44 193.83 174.18 OPIS GROUP 3 DELIVERED SPOT (SRI) FOB DENVER 165.84 -- -- 168.09 BRD LOW RACK 169.04 193.29 173.79 BRD HIGH RACK 175.79 197.85 175.50 BRD RACK AVG 172.36 196.26 174.90 UBD LOW RACK 167.90 181.90 172.67 UBD HIGH RACK 174.03 198.25 173.50 UBD RACK AVG 170.73 192.36 173.09 CONT AVG-05/25 171.75 194.14 174.68 CONT LOW-05/25 167.90 181.90 172.67 CONT HIGH-05/25 175.79 198.25 176.29 DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR RED DYE DISTILLATE PRICES** Move Terms No.2 Move No.1 Move Pre Move Date Time Valero u N-10 168.25 - .15 182.25 - .15 -- -- -- -- 05/24 18:00 Growmark u N-10 169.06 - 2.36 -- -- -- -- -- -- -- -- 05/25 12:30 Cenex b 1-10 169.44 - 2.50 193.69 - 2.50 174.19 - 2.50 05/25 12:00 Musket u N-10 169.50 + .25 -- -- -- -- -- -- -- -- 05/24 18:00 HlyFrntr u N-10 169.82 + 4.50 189.82 + 4.50 173.17 + 4.50 05/19 18:00 Suncor u N-10 171.00 + .50 195.00 + .50 174.00 + .50 05/23 18:00 Valero b 1-10 171.95 + .55 -- -- -- -- -- -- -- -- 05/23 18:00 Valero DS b 1-10 171.95 + .55 -- -- -- -- -- -- -- -- 05/23 18:00 Hartland u Net 172.00 + .50 198.75 + .50 -- -- -- -- 05/23 18:00 Sinclair b 1-10 172.95 + .50 198.20 + .50 -- -- -- -- 05/23 18:01 Sinclair u 1-10 172.95 + .50 198.20 + .50 -- -- -- -- 05/23 18:01 PSX u N-10 173.50 + .25 -- -- -- -- -- -- -- -- 05/23 18:00 PSX b 1-10 173.91 + .10 198.15 + .10 175.93 + .10 05/24 18:00 Shell u N-10 174.43 - .04 -- -- -- -- -- -- -- -- 05/24 18:00 LOW RACK 168.25 182.25 173.17 HIGH RACK 174.43 198.75 175.93 RACK AVG 171.48 194.26 174.32 OPIS GROUP 3 DELIVERED SPOT (SRI) FOB DENVER 166.19 -- -- 168.44 55 Page 144 of 394 BRD LOW RACK 169.44 193.69 174.19 BRD HIGH RACK 173.91 198.20 175.93 BRD RACK AVG 172.04 196.68 175.06 UBD LOW RACK 168.25 182.25 173.17 UBD HIGH RACK 174.43 198.75 174.00 UBD RACK AVG 171.17 192.80 173.59 CONT AVG-05/25 171.83 194.57 174.95 CONT LOW-05/25 168.25 182.25 173.17 CONT HIGH-05/25 174.43 198.75 176.69 DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR NO. 1 PREMIUM DISTILLATE PRICES** No.1 Pre Move Terms Pre Move RD Move Date Time Cenex b 1-10 198.04 - 2.50 198.44 - 2.50 05/25 12:00 LOW RACK 198.04 198.44 HIGH RACK 198.04 198.44 RACK AVG 198.04 198.44 BRD LOW RACK 198.04 198.44 BRD HIGH RACK 198.04 198.44 BRD RACK AVG 198.04 198.44 CONT AVG-05/25 200.54 200.94 CONT LOW-05/25 200.54 200.94 CONT HIGH-05/25 200.54 200.94 DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR WINTER DISTILLATE PRICES** Move Terms No.2 Move No.1 Move Pre Move Date Time Valero u N-10 169.15 - .15 182.25 - .15 -- -- -- -- 05/24 18:00 HlyFrntr u N-10 170.17 + 4.50 -- -- -- -- -- -- -- -- 05/19 18:00 Valero b 1-10 172.45 + .55 -- -- -- -- -- -- -- -- 05/23 18:00 Valero DS b 1-10 172.45 + .55 -- -- -- -- -- -- -- -- 05/23 18:00 PSX b 1-10 175.42 + .10 -- -- -- -- -- -- -- -- 05/24 18:00 PSX u N-10 176.00 + .25 -- -- -- -- -- -- -- -- 05/23 18:00 Shell u N-10 177.03 - .04 -- -- -- -- -- -- -- -- 05/24 18:00 Cenex b 1-10 -- -- -- -- -- -- -- -- 183.04 - 2.50 05/25 12:00 LOW RACK 169.15 182.25 183.04 HIGH RACK 177.03 182.25 183.04 RACK AVG 173.24 182.25 183.04 OPIS GROUP 3 DELIVERED SPOT (SRI) FOB DENVER 165.84 -- -- 168.09 BRD LOW RACK 172.45 -- -- 183.04 BRD HIGH RACK 175.42 -- -- 183.04 BRD RACK AVG 173.44 -- -- 183.04 UBD LOW RACK 169.15 182.25 -- -- UBD HIGH RACK 177.03 182.25 -- -- UBD RACK AVG 173.09 182.25 -- -- CONT AVG-05/25 173.24 182.25 185.54 CONT LOW-05/25 169.15 182.25 185.54 CONT HIGH-05/25 177.03 182.25 185.54 56 Page 145 of 394 DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS ULTRA LOW SULFUR RED DYE WINTER DISTILLATE PRICES** Move Terms No.2 Move No.1 Move Pre Move Date Time Valero u N-10 169.50 - .15 -- -- -- -- -- -- -- -- 05/24 18:00 HlyFrntr u N-10 170.67 + 4.50 -- -- -- -- -- -- -- -- 05/19 18:00 Valero b 1-10 172.80 + .55 -- -- -- -- -- -- -- -- 05/23 18:00 Valero DS b 1-10 172.80 + .55 -- -- -- -- -- -- -- -- 05/23 18:00 PSX b 1-10 175.93 + .10 -- -- -- -- -- -- -- -- 05/24 18:00 Cenex b 1-10 -- -- -- -- -- -- -- -- 183.44 - 2.50 05/25 12:00 LOW RACK 169.50 -- -- 183.44 HIGH RACK 175.93 -- -- 183.44 RACK AVG 172.34 -- -- 183.44 OPIS GROUP 3 DELIVERED SPOT (SRI) FOB DENVER 166.19 -- -- 168.44 BRD LOW RACK 172.80 -- -- 183.44 BRD HIGH RACK 175.93 -- -- 183.44 BRD RACK AVG 173.84 -- -- 183.44 UBD LOW RACK 169.50 -- -- -- -- UBD HIGH RACK 170.67 -- -- -- -- UBD RACK AVG 170.09 -- -- -- -- CONT AVG-05/25 172.34 -- -- 185.94 CONT LOW-05/25 169.50 -- -- 185.94 CONT HIGH-05/25 175.93 -- -- 185.94 DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS WHOLESALE B2 SME BIODIESEL PRICES** ULS ULS ULS2 ULS2P ULS2 ULS2P Move Terms No.2 Pre RD RD WNT WNT Date Time Cenex b 1-10 169.04 173.79 169.44 174.19 171.04 175.79 05/25 12:00 Sinclair b 1-10 172.60 176.10 172.95 176.45 178.60 -- -- 05/23 18:01 Sinclair u 1-10 172.60 176.10 172.95 176.45 178.60 -- -- 05/23 18:01 PSX b 1-10 172.90 -- -- 173.40 -- -- 174.92 -- -- 05/24 18:00 LOW RACK 169.04 173.79 169.44 174.19 171.04 175.79 HIGH RACK 172.90 176.10 173.40 176.45 178.60 175.79 RACK AVG 171.79 175.33 172.19 175.70 175.79 175.79 BRD LOW RACK 169.04 173.79 169.44 174.19 171.04 175.79 BRD HIGH RACK 172.90 176.10 173.40 176.45 178.60 175.79 BRD RACK AVG 171.51 174.95 171.93 175.32 174.85 175.79 UBD LOW RACK 172.60 176.10 172.95 176.45 178.60 -- -- UBD HIGH RACK 172.60 176.10 172.95 176.45 178.60 -- -- UBD RACK AVG 172.60 176.10 172.95 176.45 178.60 -- -- CONT AVG-05/25 172.41 176.16 172.81 176.53 176.42 178.29 CONT LOW-05/25 171.54 176.10 171.94 176.45 173.54 178.29 CONT HIGH-05/25 172.90 176.29 173.40 176.69 178.60 178.29 DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS WHOLESALE B2 SME BIODIESEL PRICES** ULS2D ULS2PD Move 57 Page 146 of 394 Terms WNT WNT Date Time Cenex b 1-10 171.44 176.19 05/25 12:00 Sinclair b 1-10 178.95 -- -- 05/23 18:01 Sinclair u 1-10 178.95 -- -- 05/23 18:01 LOW RACK 171.44 176.19 HIGH RACK 178.95 176.19 RACK AVG 176.45 176.19 BRD LOW RACK 171.44 176.19 BRD HIGH RACK 178.95 176.19 BRD RACK AVG 175.20 176.19 UBD LOW RACK 178.95 -- -- UBD HIGH RACK 178.95 -- -- UBD RACK AVG 178.95 -- -- CONT AVG-05/25 177.28 178.69 CONT LOW-05/25 173.94 178.69 CONT HIGH-05/25 178.95 178.69 DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS WHOLESALE B5 SME BIODIESEL PRICES** ULS ULS ULS2 ULS2P ULS2 ULS2P Move Terms No.2 Pre RD RD WNT WNT Date Time Valero u N-10 167.90 -- -- 168.25 -- -- -- -- -- -- 05/24 18:00 Cenex b 1-10 169.57 174.32 169.97 174.72 171.57 176.32 05/25 12:00 Valero b 1-10 171.60 -- -- -- -- -- -- -- -- -- -- 05/23 18:00 Valero DS b 1-10 171.60 -- -- -- -- -- -- -- -- -- -- 05/23 18:00 Sinclair b 1-10 172.30 -- -- 172.65 -- -- -- -- -- -- 05/24 18:01 Sinclair u 1-10 172.30 -- -- 172.65 -- -- -- -- -- -- 05/24 18:01 PSX b 1-10 172.39 174.41 172.90 -- -- 174.41 -- -- 05/24 18:00 LOW RACK 167.90 174.32 168.25 174.72 171.57 176.32 HIGH RACK 172.39 174.41 172.90 174.72 174.41 176.32 RACK AVG 171.09 174.37 171.28 174.72 172.99 176.32 BRD LOW RACK 169.57 174.32 169.97 174.72 171.57 176.32 BRD HIGH RACK 172.39 174.41 172.90 174.72 174.41 176.32 BRD RACK AVG 171.49 174.37 171.84 174.72 172.99 176.32 UBD LOW RACK 167.90 -- -- 168.25 -- -- -- -- -- -- UBD HIGH RACK 172.30 -- -- 172.65 -- -- -- -- -- -- UBD RACK AVG 170.10 -- -- 170.45 -- -- -- -- -- -- CONT AVG-05/25 171.43 175.55 171.76 177.09 174.18 178.69 CONT LOW-05/25 167.90 174.41 168.25 177.09 173.94 178.69 CONT HIGH-05/25 172.39 176.69 172.90 177.09 174.41 178.69 DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS WHOLESALE B5 SME BIODIESEL PRICES** ULS2D ULS2PD Move Terms WNT WNT Date Time Cenex b 1-10 171.97 176.72 05/25 12:00 PSX b 1-10 174.92 -- -- 05/24 18:00 LOW RACK 171.97 176.72 HIGH RACK 174.92 176.72 RACK AVG 173.45 176.72 BRD LOW RACK 171.97 176.72 58 Page 147 of 394 BRD HIGH RACK 174.92 176.72 BRD RACK AVG 173.45 176.72 CONT AVG-05/25 174.63 179.09 CONT LOW-05/25 174.34 179.09 CONT HIGH-05/25 174.92 179.09 DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS WHOLESALE B10 SME BIODIESEL PRICES** ULS ULS2 Move Terms No.2 RD Date Time Cenex b 1-10 169.30 169.70 05/25 12:00 Sinclair b 1-10 172.00 172.35 05/24 18:01 Sinclair u 1-10 172.00 172.35 05/24 18:01 LOW RACK 169.30 169.70 HIGH RACK 172.00 172.35 RACK AVG 171.10 171.47 BRD LOW RACK 169.30 169.70 BRD HIGH RACK 172.00 172.35 BRD RACK AVG 170.65 171.03 UBD LOW RACK 172.00 172.35 UBD HIGH RACK 172.00 172.35 UBD RACK AVG 172.00 172.35 CONT AVG-05/25 171.85 172.22 CONT LOW-05/25 171.55 171.95 CONT HIGH-05/25 172.00 172.35 DENVER, CO 2017-05-25 17:03:42 EDT **OPIS CLOSING BENCHMARK FILE** **OPIS GROSS WHOLESALE B20 SME BIODIESEL PRICES** ULS ULS2 Move Terms No.2 RD Date Time Cenex b 1-10 168.64 169.04 05/25 12:00 Sinclair b 1-10 171.25 171.60 05/24 18:01 Sinclair u 1-10 171.25 171.60 05/24 18:01 LOW RACK 168.64 169.04 HIGH RACK 171.25 171.60 RACK AVG 170.38 170.75 BRD LOW RACK 168.64 169.04 BRD HIGH RACK 171.25 171.60 BRD RACK AVG 169.95 170.32 UBD LOW RACK 171.25 171.60 UBD HIGH RACK 171.25 171.60 UBD RACK AVG 171.25 171.60 CONT AVG-05/25 171.05 171.41 CONT LOW-05/25 170.64 171.04 CONT HIGH-05/25 171.25 171.60 Copyright, Oil Price Information Service 59 Page 148 of 394 36,371 42,358 36,398 65,971 61,171 56,106 54,518 67,144 49,354 50,197 58,636 34,776 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 2016 2017 2018 2019 Fuel Usage, by Fuel Type Unleaded Diesel E85 Page 149 of 394 $0.00 $20,000.00 $40,000.00 $60,000.00 $80,000.00 $100,000.00 $120,000.00 $140,000.00 $160,000.00 $180,000.00 2016 2017 2018 2019 Fuel Costs, by Fuel Type Unleaded Diesel E85 Page 150 of 394 $0.00 $0.50 $1.00 $1.50 $2.00 $2.50 $3.00 2016 2017 2018 2019 Unit Fuel Costs, by Year & by Type Unleaded Diesel E85 DEF Page 151 of 394 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: January 21, 2020 SUBJECT: Approval Authorization of the Annual Highway User Tax Fund (HUTF) Report DESCRIPTION: Approval Authorization of the Annual Highway User Tax Fund (HUTF) Report RECOMMENDATION: Staff recommends authorizing the Mayor to sign the attached Signature Sheet for the Annual HUTF Certification of Condition and Mileage Report to be submitted to the Colorado Department of Transportation (CDOT) by February 3, 2020. SUMMARY: The Highway User Tax Fund (HUTF) is a statutorily defined, state-collected, locally-shared revenue that is distributed monthly among the state, counties, and municipalities. HUTF revenues are derived primarily from the following sources: • Basic Fund - the first seven cents of motor fuel tax and various motor vehicle registration, title and license fees and taxes; • Motor Fuel Tax Increases - from 1981, 1983 and 1986; • 1989 HUTF Increase • 1995 HUTF Increase • FASTER surcharges Each municipality receives a share of the municipal portion of the HUTF based on a formula that takes into account the number of vehicles registered and the center line miles of streets in each municipality relative to the same data in other municipalities. Generally, 80% of the distribution is based on the number of vehicles registered and 20% on the center line miles. of streets in a community. Two recent senate bills (SB 18-001 and SB 19-262) were passed that increase the allocation to the state, counties, and cities. ANALYSIS: As a condition of continuing to receive monthly HUTF payments, state law requires that municipalities annually submit two reports: Certification of Condition and Mileage Report and the Annual Receipts and Expenditures Report. Staff has prepared the Certification of Condition and Mileage Report for submission to CDOT. The proposed action will authorize the Mayor to sign the Signature Sheet of the Report, attached, prior to submittal. Page 152 of 394 FINANCIAL IMPLICATIONS: The table belows shows the annual HUTF allocation for Englewood, based on information from the Colorado Department of the Treasury's website, including amounts from various senate actions: Base Allocation SB 18-001 SB19-262 Total 2016 $1,016,648.54 n/a n/a $1,016,648.54 2017 $1,020,018.65 n/a n/a $1,020,018.65 2018 $973,099.48 n/a n/a $973,099.48 2019 (actual through Sept. 2019) $911,815.52 $254,453.65 n/a $1,166,269.17 2020 (estimated) $1,005,953.00 $75,606.82 $120,970.91 $1,202,530.73 The basis of the allocation varies from year-to-year and, thus, the amount allocated to each city changes accordingly. For example, the amount to be allocated via SB18-001 in 2019 was $37.125 million whereas in 2020 that amount for SB 18-001 is estimated to be only $11.25 million. CONCLUSION: Staff recommends authorizing, by motion, the Mayor to sign the attached Signature Sheet of the annual HUTF Certification of Condition and Mileage Report, to be submitted to CDOT by February 3, 2020. ATTACHMENTS: Signature Sheet Englewood Street Inventory Report CML FAQ Page 153 of 394 Colorado Department of Transportation Englewood Signature Sheet FIPS Code : 24785 1/7/2020 30.929 miles of arterial streets 90.065 miles of local streets 120.994 total miles of H.U.T. eligible streets 4.330 miles of non H.U.T. eligible streets - Maintained by others 0 miles of non H.U.T. eligible streets - Not maintained I declare under penalty of perjury in the second degree, and any other applicable state or federal laws, that the statements made on this document are true and complete to the best of my knowledge. Mayor Date City Clerk Date We are required to inform you that a penalty of perjury statement is required persuant to section 18-8-503 C.R.S. 2005, concerning the removal of requirements that certain forms be notarized. The Colorado Department of Transportation can contact the following person with questions regarding this report: Name Phone Submit this signed copy with your annual mileage change report to the Colorado Department of Transportation. This mileage is the certified total as of December 31, 2019 Page 154 of 394 Street Inventory Report for: Englewood FIPS Code :24785 All Segments ACOMA ST 100 SH 88 N LAYTON AV 0.380 1 36 2 2 0 7 0.00 G 2005 2005ACOMA ST ACOMA ST 200 LAYTON AV N STANFORD AV 0.380 1 42 2 2 0 7 0.00 F 2007ACOMA ST ACOMA ST 300 STANFORD AV N QUINCY AV 0.260 1 35 2 2 0 7 0.00 F 2007ACOMA ST ACOMA ST 400 QUINCY AV N OXFORD AV 0.250 1 35 2 2 0 7 0.00 P 2007ACOMA ST ACOMA ST 500 OXFORD AV N JEFFERSON AV 0.610 1 35 2 2 0 7 0.00 P 2007ACOMA ST ACOMA ST 600 HAMPDEN AV N ENGLEWOOD PY 0.130 1 44 2 1 0 7 0.00 G 2001ACOMA ST ACOMA ST 700 FLOYD AV N YALE AV 0.800 1 34 2 2 0 7 0.00 P 2007ACOMA ST ADRIATIC PL 100 VALLEJO ST E TEJON ST 0.120 1 36 2 2 0 7 0.00 P 2007ADRIATIC PL ADRIATIC PL 200 TEJON ST E RARITAN ST 0.130 1 36 2 2 0 7 0.00 F 2007 2004ADRIATIC PL AMHERST AV 100 VALLEJO ST E TEJON ST 0.130 1 44 2 2 0 7 0.00 G 2001 2006AMHERST AV AMHERST AV 200 CDS E BROADWAY ST 0.320 1 34 2 2 0 7 0.00 G 2002 2003AMHERST AV AMHERST AV 300 BROADWAY ST E LOGAN ST 0.250 1 34 2 2 0 7 0.00 G 2005 2004AMHERST AV AMHERST AV 400 LOGAN ST E PENNSYLVANIA ST 0.060 1 40 2 2 0 7 0.00 G 2002AMHERST AV AMHERST AV 500 PENNSYLVANIA ST E WIDCH 0.110 1 30 2 2 0 7 0.00 P 2007AMHERST AV AMHERST AV 600 WIDCH E CLARKSON ST 0.090 1 36 2 2 0 7 0.00 P 2007AMHERST AV AMHERST AV 700 CLARKSON ST E EMERSON ST 0.060 1 28 2 2 0 7 0.00 F 1996AMHERST AV AMHERST AV 800 BGN E OGDEN ST 0.040 1 28 2 2 0 7 0.00 G 2007 2007AMHERST AV AMHERST AV 900 DOWNING ST E FRANKLIN ST 0.260 1 28 2 0 3 7 0.00 G 2006*AMHERST AV AMHERST PL 100 PENNSYLVANIA ST E CLARKSON ST 0.190 1 40 2 2 0 7 0.00 P 2007AMHERST PL AMHERST PY 100 OGDEN ST E DOWNING ST 0.120 1 34 2 2 0 7 0.00 P 1996AMHERST PY BAKER AV 100 ZUNI ST E TEJON ST 0.250 1 44 2 2 0 7 0.00 G 1998 2003BAKER AV BAKER AV 200 TEJON ST E RARITAN ST 0.120 1 44 2 2 0 7 0.00 P 1989BAKER AV BALTIC AV 100 ZUNI ST E VALLEJO ST 0.130 1 26 2 2 0 7 0.00 P 1975BALTIC AV BALTIC AV 200 VALLEJO ST E TEJON ST 0.120 1 36 2 2 0 7 0.00 F 1989BALTIC AV BALTIC PL 100 TEJON ST E RARITAN ST 0.130 1 25 2 2 0 7 0.00 G 1998 2003BALTIC PL BALTIC PL 200 RARITAN ST E PECOS ST 0.120 1 44 2 2 0 7 0.00 G 2001BALTIC PL BANNOCK ST 100 YALE AV S DARTMOUTH AV 0.510 1 36 2 2 0 7 0.00 F 1974BANNOCK ST BANNOCK ST 200 DARTMOUTH AV S FLOYD AV 0.290 1 36 2 2 0 7 0.00 G 2002 2002BANNOCK ST BANNOCK ST 300 FLOYD AV S ENGLEWOOD PY 0.100 1 47 2 2 0 7 0.00 G 2000BANNOCK ST BANNOCK ST 400 SH 285 S KENYON AV 0.250 1 34 2 2 0 7 0.00 P 2007BANNOCK ST BANNOCK ST 500 KENYON AV S OXFORD AV 0.510 1 34 2 2 0 7 0.00 P 2007BANNOCK ST BANNOCK ST 600 OXFORD AV S QUINCY AV 0.260 1 42 2 2 0 7 0.00 F 2007BANNOCK ST BANNOCK ST 700 QUINCY AV S TUFTS AV 0.380 1 42 2 2 0 7 0.00 P 2007BANNOCK ST BANNOCK ST 800 TUFTS AV S LAYTON AV 0.260 1 42 2 2 0 7 0.00 P 2007BANNOCK ST Route Name Seg ID From Feature Dir To Feature Len Surface Width Ln Qty AdminCl Jur Split FunCl Overlay Thick Cond InspYr ProjYrRoute 1 18 ofPageTuesday, January 7, 2020 * = ineligible segmentPage 155 of 394 BANNOCK ST 900 LAYTON AV S CHENANGO AV 0.130 1 35 2 2 0 7 0.00 P 2007BANNOCK ST BATES AV 100 ZUNI ST E RARITAN ST 0.380 1 44 2 1 0 7 0.00 G 2001 2004BATES AV BATES AV 150 GATE E SH 85 0.160 16 24 2 2 0 7 0.00 P 1974BATES AV BATES AV 200 GALAPAGO ST E ELATI ST 0.120 1 44 2 2 0 7 0.00 G 1995 2003BATES AV BATES AV 300 ELATI ST E DELAWARE ST 0.060 1 44 2 2 0 7 0.00 G 2001BATES AV BATES AV 400 DELAWARE ST E BROADWAY ST 0.260 1 44 2 2 0 7 0.00 G 2001BATES AV BATES AV 500 BROADWAY ST E LOGAN ST 0.260 1 34 2 2 0 7 0.00 G 2007 2007BATES AV BATES AV 600 LOGAN ST E CLARKSON ST 0.250 1 34 2 2 0 7 0.00 G 2005 2005BATES AV BATES AV 700 CLARKSON ST E EMERSON ST 0.060 16 28 1 2 0 7 0.00 P 1974BATES AV BATES AV 800 EMERSON ST E DOWNING ST 0.180 1 34 2 2 0 7 0.00 G 2007 2007BATES AV BATES AV 900 DOWNING ST E FRANKLIN ST 0.260 1 40 2 2 0 7 0.00 G 2007 2007BATES AV BATES PY 100 OGDEN ST E DOWNING ST 0.130 1 34 2 2 0 7 0.00 G 2007 2007BATES PY BATES PY 200 DOWNING ST E AMHERST AV 0.140 1 34 2 2 0 7 0.00 G 2007 2007BATES PY BATES PY 300 BATES AV N FRANKLIN ST 0.150 1 34 2 2 0 7 0.00 G 2007 2007BATES PY BELLEVIEW AV 100 LOWELL BD E IRVING ST 0.250 1 60 4 0 3 7 0.00 G 2006 2006*BELLEVIEWAV BELLEVIEW AV 200 IRVING ST E SH 88 0.250 1 60 4 1 3 4 0.00 G 2006 2006BELLEVIEWAV BELLEWOOD DR 100 IRVING ST E SH 88 0.240 1 36 2 2 0 7 0.00 G 2007 2007BELLEWOODDR BELLEWOOD DR 200 SHERMAN ST E LOGAN ST 0.120 1 44 2 2 0 7 0.00 P 1974BELLEWOODDR BELLEWOOD DR 300 LOGAN ST E PENNWOOD CI 0.100 1 36 2 2 0 7 0.00 G 2005 2006BELLEWOODDR BEVERLY DR 100 THOMAS AV N TUFTS AV 0.050 1 24 2 2 0 7 0.00 G 1999BEVERLY DR BROADWAY 100 SCL N RAFFERTY GARDENS AV 0.210 1 36 3 1 0 3 0.00 F 2000BROADWAY BROADWAY 200 RAFFGDNSAV N SH 88 0.290 1 36 6 1 0 3 0.00 F 2000BROADWAY BROADWAY 300 SH 88 N CHENANGO AV 0.297 1 24 4 1 0 3 0.00 P 2005BROADWAY BROADWAY 350 CHENANGO AV N TUFTS AV 0.327 1 24 4 1 0 3 0.00 P 2005BROADWAY BROADWAY 400 TUFTS AV N QUINCY AV 0.380 1 24 4 1 0 3 0.00 G 2007 2007BROADWAY BROADWAY 500 QUINCY AV N OXFORD AV 0.240 1 24 4 1 0 3 0.00 G 2007 2007BROADWAY BROADWAY 600 OXFORD AV N KENYON AV 0.500 1 24 4 1 0 3 0.00 G 2007 2007BROADWAY BROADWAY 700 KENYON AV N US 285 0.140 1 24 4 1 0 3 0.00 G 2007 2007BROADWAY BROADWAY 800 SH 285 N STR 0.080 1 72 4 1 0 3 0.00 G 2007 2007BROADWAY BROADWAY 850 STR N HAMPDEN AV 0.040 1 72 4 1 0 3 0.00 G 2006BROADWAY BROADWAY 900 HAMPDEN N GIRARD AV 0.110 1 72 4 1 0 3 0.00 G 2006BROADWAY BROADWAY 950 GIRARD AV N FLOYD AV 0.100 1 72 4 1 0 3 0.00 G 2006BROADWAY BROADWAY 1000 FLOYD AV N DARTMOUTH AV 0.290 1 72 4 1 0 3 0.00 G 2006BROADWAY BROADWAY 1100 DARTMOUTH AV N YALE AV 0.500 1 72 4 1 0 3 0.00 G 2006BROADWAY CASPIAN PL 100 TEJON ST E RARITAN ST 0.130 1 44 2 2 0 7 0.00 P 1989CASPIAN PL CENTENNIAL AV 100 SH 75 E CL 0.100 1 26 2 2 0 7 0.00 G 2001CENTENNIAAV Route Name Seg ID From Feature Dir To Feature Len Surface Width Ln Qty AdminCl Jur Split FunCl Overlay Thick Cond InspYr ProjYrRoute 2 18 ofPageTuesday, January 7, 2020 * = ineligible segmentPage 156 of 394 CHENANGO AV 100 LOWELL BD E SH 88 0.530 1 36 2 2 0 7 0.00 P 2002CHENANGO AV CHENANGO AV 200 SH 88 E DECATUR ST 0.140 1 36 2 2 0 7 0.00 G 1996CHENANGO AV CHENANGO AV 300 BGN E LIPAN ST 0.040 1 26 2 2 0 7 0.00 G 1974 2004CHENANGO AV CHENANGO AV 400 LIPAN ST E HURON ST 0.260 1 36 2 2 0 7 0.00 P 1974CHENANGO AV CHENANGO AV 500 HURON ST E FOX ST 0.130 1 40 2 2 0 5 0.00 F 2007CHENANGO AV CHENANGO AV 550 FOX ST E DELAWARE ST 0.120 1 40 2 2 0 5 0.00 F 2007CHENANGO AV CHENANGO AV 600 DELAWARE ST E BANNOCK ST 0.130 1 40 2 2 0 5 0.00 F 2007 2006CHENANGO AV CHENANGO AV 700 BANNOCK ST E BROADWAY ST 0.130 1 40 2 2 0 5 0.00 F 2007 2006CHENANGO AV CHENANGO AV 800 BROADWAY ST E LOGAN ST 0.260 1 40 2 2 0 5 0.00 G 1996 2003CHENANGO AV CHENANGO AV 900 LOGAN ST E PENNSYLVANIA ST 0.060 1 40 2 2 0 7 0.00 F 2007 2005CHENANGO AV CHENANGO AV 1000 PEARL ST E CLARKSON ST 0.120 1 36 2 2 0 7 0.00 F 2007CHENANGO AV CHENANGO CI 100 CHENANGO ST S GRANT ST 0.140 1 36 2 2 0 7 0.00 G 2005 2005CHENANGO CI CHEROKEE ST 100 YALE AV S DARTMOUTH AV 0.510 1 34 2 2 0 7 0.00 F 2007 2003CHEROKEE ST CHEROKEE ST 200 DARTMOUTH AV S FLOYD AV 0.280 1 34 2 2 0 7 0.00 F 2007CHEROKEE ST CHEROKEE ST 300 FLOYD AV S ENGLEWOOD PY 0.100 1 36 2 2 0 7 0.00 F 2000CHEROKEE ST CHEROKEE ST 350 ENGLEWOOD PY S SH 285 0.130 1 50 4 1 0 7 0.00 F 2007CHEROKEE ST CHEROKEE ST 400 SH 285 S KENYON AV 0.260 1 36 2 2 0 7 0.00 G 2001CHEROKEE ST CHEROKEE ST 500 KENYON AV S LEHIGH AV 0.130 1 34 2 2 0 7 0.00 G 2007 2007CHEROKEE ST CHEROKEE ST 600 LEHIGH AV S OXFORD AV 0.390 1 36 2 2 0 7 0.00 F 2007 2007CHEROKEE ST CHEROKEE ST 700 OXFORD AV S QUINCY AV 0.250 1 36 2 2 0 7 0.00 G 1995CHEROKEE ST CHEROKEE ST 800 QUINCY AV S STANFORD AV 0.250 1 36 2 2 0 7 0.00 P 1974CHEROKEE ST CHEROKEE ST 900 STANFORD AV S CDS 0.070 1 44 2 2 0 7 0.00 G 2001 2003CHEROKEE ST CHEROKEE ST 1000 CDS S TUFTS AV 0.030 1 44 2 2 0 7 0.00 G 1995CHEROKEE ST CHEROKEE ST 1100 TUFTS AV S UNION AV 0.120 1 44 2 2 0 7 0.00 F 1974CHEROKEE ST CHEROKEE ST 1200 UNION AV S CHENANGO AV 0.260 1 36 2 2 0 7 0.00 G 2000 2004CHEROKEE ST CLARKSON CI 100 CLARKSON ST E CLARKSON ST 0.080 1 32 2 2 0 7 0.00 F 1974CLARKSON CI CLARKSON ST 100 SH 88 N GRAND AV 0.130 1 36 2 2 3 5 0.00 F 2007 2004CLARKSON ST CLARKSON ST 200 GRAND AV N UNION AV 0.380 1 36 2 2 3 5 0.00 F 2007 2004CLARKSON ST CLARKSON ST 300 UNION AV N QUINCY AV 0.510 1 36 2 2 0 5 0.00 F 2007 2004CLARKSON ST CLARKSON ST 400 QUINCY AV N OXFORD AV 0.250 1 36 2 0 3 7 0.00 F 2007 2004*CLARKSON ST CLARKSON ST 500 OXFORD AV N SH 285 0.630 1 36 2 0 3 7 0.00 F 2007 2004*CLARKSON ST CLARKSON ST 800 SH 285 N HAMPDEN AV 0.130 1 44 2 1 0 5 0.00 F 1998CLARKSON ST CLARKSON ST 900 HAMPDEN AV N FLOYD AV 0.250 1 44 2 1 0 5 0.00 F 1996CLARKSON ST CLARKSON ST 1000 FLOYD AV N DARTMOUTH AV 0.250 1 44 2 1 0 5 0.00 G 2007 2007CLARKSON ST CLARKSON ST 1100 DARTMOUTH AV N YALE AV 0.510 1 44 2 1 0 5 0.00 G 2005 2006CLARKSON ST CLAY CT 100 CDS N UNION AV 0.070 1 33 2 2 0 7 0.00 G 1995CLAY CT CLAY ST 100 BGN N UNION AV 0.110 16 18 2 2 0 7 0.00 P 1977CLAY ST Route Name Seg ID From Feature Dir To Feature Len Surface Width Ln Qty AdminCl Jur Split FunCl Overlay Thick Cond InspYr ProjYrRoute 3 18 ofPageTuesday, January 7, 2020 * = ineligible segmentPage 157 of 394 CLAY ST 200 FEDERAL BD NE SPLIT 0.090 16 24 2 2 3 7 0.00 P 1974CLAY ST CLAY ST 300 SPLIT NE CL 0.090 16 24 2 0 3 7 0.00 P 1974*CLAY ST COLLEGE AV 100 ZUNI ST E TEJON ST 0.250 1 44 2 2 0 7 0.00 P 1974COLLEGE AV CORNELL AV 100 ZUNI ST E TEJON ST 0.260 1 44 2 2 0 7 0.00 G 2005CORNELL AV CORNELL AV 200 TEJON ST E SHOSHONE ST 0.060 1 38 2 2 0 7 0.00 G 2005CORNELL AV CORNELL AV 300 GATE E GALAPAGO ST 0.030 1 32 2 2 0 7 0.00 P 1974CORNELL AV CORNELL AV 400 GALAPAGO ST E ELATI ST 0.130 1 34 2 2 0 7 0.00 G 2007 2007CORNELL AV CORNELL AV 500 ELATI ST E BROADWAY ST 0.310 1 34 2 2 0 7 0.00 G 2007 2007CORNELL AV CORNELL AV 600 BROADWAY ST E LOGAN ST 0.250 1 34 2 2 0 7 0.00 F 2007 2006CORNELL AV CORNELL AV 700 LOGAN ST E CLARKSON ST 0.240 1 34 2 2 0 7 0.00 P 2007CORNELL AV CORNELL AV 800 CLARKSON ST E OGDEN ST 0.140 1 40 2 2 0 7 0.00 G 2005CORNELL AV CORNELL AV 900 OGDEN ST E DOWNING ST 0.120 1 34 2 2 0 7 0.00 G 2005CORNELL AV CORNELL AV 1000 DOWNING ST E MARION ST 0.060 1 40 2 2 0 7 0.00 G 2001CORNELL AV CORNELL AV 1100 MARION ST E FRANKLIN ST 0.200 1 34 2 2 0 7 0.00 G 2001CORNELL AV CORNELL CI 100 CORNELL AV S CORNELL AV 0.240 1 34 2 2 0 7 0.00 G 2003 2003CORNELL CI CORNELL PL 100 CORNELL CI SE CORNELL CI 0.090 1 34 2 2 0 7 0.00 G 2003 2003CORNELL PL CORONA ST 100 SH 285 N HAMPDEN AV 0.120 1 36 2 2 0 7 0.00 G 2002 2002CORONA ST CORONA ST 200 HAMPDEN AV N GIRARD AV 0.130 1 36 2 2 0 7 0.00 P 2007CORONA ST CORONA ST 300 GIRARD AV N FLOYD AV 0.130 1 34 2 2 0 7 0.00 P 2007CORONA ST CORONA ST 400 FLOYD AV N EASTMAN AV 0.130 1 34 2 2 0 7 0.00 P 2007 2002CORONA ST CORONA ST 500 EASTMAN AV N DARTMOUTH AV 0.130 1 44 2 2 0 7 0.00 G 2002 2002CORONA ST CORONA ST 600 DARTMOUTH AV N CORNELL AV 0.120 1 44 2 2 0 7 0.00 G 1995CORONA ST CORONA ST 700 CORNELL AV N BATES PY 0.230 1 36 2 2 0 7 0.00 P 1974CORONA ST DARTMOUTH AV 100 ZUNI ST E RRX 0.250 1 44 4 1 0 4 0.00 G 2002 2002DARTMOUTHAV DARTMOUTH AV 300 RRX E STR 0.400 1 44 2 1 0 4 0.00 G 2002 2002DARTMOUTHAV DARTMOUTH AV 500 STR E SH 85 0.300 1 44 4 1 0 4 0.00 P 2007DARTMOUTHAV DARTMOUTH AV 600 SH 85 E RRX 0.040 1 44 4 1 0 4 0.00 G 2002DARTMOUTHAV DARTMOUTH AV 1000 RRX STR E ELATI ST 0.270 1 44 4 1 0 4 0.00 F 2002DARTMOUTHAV DARTMOUTH AV 1100 ELATI ST E DELAWARE ST 0.060 1 44 2 1 0 4 0.00 F 1974 2004DARTMOUTHAV DARTMOUTH AV 1200 DELAWARE ST E BROADWAY ST 0.250 1 44 2 1 0 4 0.00 G 1996 2004DARTMOUTHAV DARTMOUTH AV 1300 BROADWAY ST E LOGAN ST 0.260 1 44 2 1 0 5 0.00 G 2007 2007DARTMOUTHAV DARTMOUTH AV 1400 LOGAN ST E CLARKSON ST 0.250 1 43 2 1 0 5 0.00 F 2007DARTMOUTHAV DARTMOUTH AV 1500 CLARKSON ST E DOWNING ST 0.260 1 43 2 1 0 5 0.00 G 2006 2006DARTMOUTHAV DARTMOUTH AV 1600 DOWNING ST E FRANKLIN ST 0.260 1 43 2 1 0 5 0.00 G 2001DARTMOUTHAV DARTMOUTH AV 1700 FRANKLIN ST E VINE ST 0.300 1 39 2 1 0 5 0.00 G 2001DARTMOUTHAV DARTMOUTH AV 1900 VINE ST E UNIVERSITY BD 0.210 1 39 2 1 0 5 0.00 G 2001DARTMOUTHAV DARTMOUTH CI 100 DARTMOUTH AV N DARTMOUTH AV 0.160 1 34 2 2 0 7 0.00 G 2001DARTMOUTHCI Route Name Seg ID From Feature Dir To Feature Len Surface Width Ln Qty AdminCl Jur Split FunCl Overlay Thick Cond InspYr ProjYrRoute 4 18 ofPageTuesday, January 7, 2020 * = ineligible segmentPage 158 of 394 DARTMOUTH PL 100 ALLEY E OGDEN ST 0.060 16 14 1 2 0 7 0.00 P 1974DARTMOUTHPL DARTMOUTH PL 200 VINE ST E UNIVERSITY BD 0.200 1 36 2 2 0 7 0.00 G 2003 2003DARTMOUTHPL DECATUR ST 100 CHENANGO AV N UNION AV 0.230 1 36 2 2 0 7 0.00 G 1995DECATUR ST DECATUR ST 200 UNION AV N TUFTS AV 0.260 1 43 2 2 0 7 0.00 G 1995DECATUR ST DELAWARE ST 100 SH 88 N TUFTS AV 0.630 1 43 2 2 0 7 0.00 P 2007DELAWARE ST DELAWARE ST 200 TUFTS AV N QUINCY AV 0.390 1 43 2 2 0 7 0.00 G 1974 2004DELAWARE ST DELAWARE ST 300 QUINCY AV N OXFORD AV 0.250 1 44 2 2 0 7 0.00 G 2007 2007DELAWARE ST DELAWARE ST 400 OXFORD AV N MANSFIELD AV 0.260 1 44 2 2 0 7 0.00 G 2002DELAWARE ST DELAWARE ST 500 MANSFIELD AV N LEHIGH AV 0.130 1 44 2 2 0 7 0.00 G 2002DELAWARE ST DELAWARE ST 600 LEHIGH AV N KENYON AV 0.120 1 44 2 2 0 7 0.00 G 2005 2005DELAWARE ST DELAWARE ST 700 KENYON AV N JEFFERSON AV 0.090 1 44 2 2 0 7 0.00 F 1996DELAWARE ST DELAWARE ST 800 ITHACA AV N HAMPDEN AV 0.090 1 44 2 2 0 7 0.00 G 2001DELAWARE ST DELAWARE ST 900 FLOYD AV N DARTMOUTH AV 0.250 1 44 2 2 0 7 0.00 F 2007 2002DELAWARE ST DELAWARE ST 1000 DARTMOUTH AV N CORNELL AV 0.120 1 36 2 2 0 7 0.00 G 2002 2002DELAWARE ST DELAWARE ST 1100 CORNELL AV N BATES AV 0.140 1 44 2 2 0 7 0.00 G 2002 2002DELAWARE ST DELAWARE ST 1200 BATES AV N YALE AV 0.250 1 36 2 2 0 7 0.00 P 2007DELAWARE ST DOWNING ST 100 SH 285 N HAMPDEN AV 0.120 1 44 2 1 0 4 0.00 P 2007DOWNING ST DOWNING ST 200 HAMPDEN AV N FLOYD AV 0.260 1 44 2 1 0 4 0.00 F 2007DOWNING ST DOWNING ST 300 FLOYD AV N DARTMOUTH AV 0.260 1 44 2 1 0 4 0.00 F 2007DOWNING ST DOWNING ST 400 DARTMOUTH AV N AMHERST AV 0.380 1 44 2 1 0 4 0.00 F 2007DOWNING ST DOWNING ST 500 AMHERST AV N SPLIT 0.060 1 36 2 1 3 4 0.00 F 2007DOWNING ST DOWNING ST 600 SPLIT N YALE AV 0.070 1 36 2 0 3 7 0.00 F 2007*DOWNING ST EASTMAN AV 100 HURON ST E BANNOCK ST 0.390 1 34 2 2 0 7 0.00 F 2007 2003EASTMAN AV EASTMAN AV 200 BANNOCK ST E BROADWAY ST 0.120 1 34 2 2 0 7 0.00 G 2003 2003EASTMAN AV EASTMAN AV 300 BROADWAY ST E LOGAN ST 0.250 1 35 2 2 0 7 0.00 G 1996EASTMAN AV EASTMAN AV 400 LOGAN ST E CLARKSON ST 0.240 1 35 2 2 0 7 0.00 F 1974EASTMAN AV EASTMAN AV 500 CLARKSON ST E EMERSON ST 0.060 1 35 2 2 0 7 0.00 P 2007EASTMAN AV EASTMAN AV 600 EMERSON ST E DOWNING ST 0.190 1 40 2 2 0 7 0.00 P 2007EASTMAN AV EASTMAN AV 700 DOWNING ST E LAFAYETTE ST 0.120 1 36 2 2 0 7 0.00 P 2007 2004EASTMAN AV EASTMAN AV 800 LAFAYETTE ST E RACE ST 0.380 1 36 2 2 0 7 0.00 F 1974EASTMAN AV EASTMAN AV 900 RACE ST E YORK ST 0.240 1 36 2 2 0 7 0.00 F 1974EASTMAN AV ELATI DR 100 CDS N SH 88 0.080 1 34 2 1 0 7 0.00 F 1974ELATI DR ELATI ST 100 YALE AV S BATES AV 0.260 1 40 2 1 0 7 0.00 G 2005 2006ELATI ST ELATI ST 300 BATES AV S DARTMOUTH AV 0.260 1 36 2 2 0 7 0.00 P 2007ELATI ST ELATI ST 400 DARTMOUTH AV S FLOYD AV 0.260 1 43 2 1 0 7 0.00 F 2005ELATI ST ELATI ST 500 FLOYD AV S WIDTHCH 0.130 1 20 2 1 0 5 0.00 F 2007 2003ELATI ST ELATI ST 600 WIDTHCH S SH 285AV 0.110 1 43 2 1 0 5 0.00 G 2003 2003ELATI ST Route Name Seg ID From Feature Dir To Feature Len Surface Width Ln Qty AdminCl Jur Split FunCl Overlay Thick Cond InspYr ProjYrRoute 5 18 ofPageTuesday, January 7, 2020 * = ineligible segmentPage 159 of 394 ELATI ST 700 SH 285 S JEFFERSON AV 0.190 1 43 2 1 0 5 0.00 P 2007ELATI ST ELATI ST 800 JEFFERSON AV S KENYON AV 0.080 1 36 2 2 0 5 0.00 P 2007ELATI ST ELATI ST 900 KENYON AV S OXFORD AV 0.520 1 36 2 2 0 5 0.00 P 2007 2002ELATI ST ELATI ST 1000 OXFORD AV S QUINCY AV 0.250 1 36 2 2 0 5 0.00 P 2007 2002ELATI ST ELATI ST 1100 QUINCY AV S STANFORD AV 0.260 1 36 2 2 0 7 0.00 F 2005 2006ELATI ST ELATI ST 1200 BGN S TUFTS AV 0.080 1 36 2 2 0 7 0.00 G 2002 2002ELATI ST ELATI ST 1300 UNION AV S 88TH AV 0.510 1 36 2 2 0 7 0.00 G 1996 2004ELATI ST EMERSON ST 100 SH 285 N HAMPDEN AV 0.130 1 36 2 2 0 7 0.00 P 2007 2003EMERSON ST EMERSON ST 200 HAMPDEN AV N GIRARD AV 0.130 1 32 2 2 0 7 0.00 G 2003 2003EMERSON ST EMERSON ST 300 GIRARD AV N FLOYD AV 0.130 1 34 2 2 0 7 0.00 F 2007EMERSON ST EMERSON ST 400 FLOYD AV N DARTMOUTH AV 0.250 1 34 2 2 0 7 0.00 P 2007EMERSON ST EMERSON ST 500 CORNELL AV N BATES AV 0.120 1 34 2 2 0 7 0.00 G 1995EMERSON ST EMERSON ST 600 DITCH N AMHERST AV 0.060 1 28 2 2 0 7 0.00 F 1985EMERSON ST EMERSON ST 700 BGN N YALE AV 0.100 1 29 2 2 0 7 0.00 G 2002EMERSON ST ENGLEWOOD PY 100 ELATI ST E CHEROKEE ST 0.120 3 35 2 2 0 7 0.00 F 2007ENGLEWOODPY ENGLEWOOD PY 200 CHEROKEE ST E BROADWAY ST 0.190 1 50 4 1 0 7 0.00 F 2007 2003ENGLEWOODPY EVANS AV 100 ZUNI ST E SPLIT 0.190 1 44 4 1 3 3 0.00 P 1974EVANS AV EVANS AV 200 SPLIT E RARITAN ST 0.190 1 44 4 0 3 7 0.00 P 1974*EVANS AV FLOYD AV 100 ZUNI ST E END 0.100 16 26 2 2 0 7 0.00 P 1974FLOYD AV FLOYD AV 150 BGN E HURON ST 0.030 1 40 2 2 0 7 0.00 G 1974FLOYD AV FLOYD AV 200 HURON ST E GALAPAGO ST 0.070 1 40 2 2 0 7 0.00 G 2003 2003FLOYD AV FLOYD AV 300 GALAPAGO ST E FOX ST 0.060 1 40 4 1 0 7 0.00 G 2003 2003FLOYD AV FLOYD AV 400 FOX ST E CHEROKEE ST 0.190 1 48 4 1 0 5 0.00 G 2003 2003FLOYD AV FLOYD AV 500 CHEROKEE ST E BANNOCK ST 0.070 1 44 4 1 0 5 0.00 G 2003 2003FLOYD AV FLOYD AV 600 BANNOCK ST E BROADWAY ST 0.130 1 44 4 1 0 5 0.00 G 2001 2003FLOYD AV FLOYD AV 700 BROADWAY ST E LOGAN ST 0.250 1 43 2 1 0 7 0.00 G 2005 2005FLOYD AV FLOYD AV 800 LOGAN ST E CLARKSON ST 0.260 1 43 2 1 0 7 0.00 G 2003 2003FLOYD AV FLOYD AV 900 CLARKSON ST E DOWNING ST 0.260 1 40 2 1 0 7 0.00 G 2003 2003FLOYD AV FLOYD AV 1000 DOWNING ST E UNIVEBD 0.760 1 40 2 1 0 7 0.00 F 2007 2003FLOYD AV FLOYD PL 100 RACE ST E UNIVERSITY BD 0.230 1 34 2 1 0 7 0.00 G 2001FLOYD PL FOX ST 100 88TH AV N CHENANGO AV 0.260 1 36 2 1 0 5 0.00 F 1996FOX ST FOX ST 150 CHENANGO AV N TUFTS AV 0.370 1 36 2 1 0 5 0.00 G 1996 2004FOX ST FOX ST 200 TUFTS AV N QUINCY AV 0.380 1 36 2 1 0 5 0.00 F 2007FOX ST FOX ST 300 QUINCY AV N OXFORD AV 0.260 1 36 2 1 0 5 0.00 F 2002 2004FOX ST FOX ST 400 OXFORD AV N KENYON AV 0.510 1 36 2 1 0 5 0.00 P 2007 2002FOX ST FOX ST 500 KENYON AV N SH 285 0.270 1 36 2 2 0 5 0.00 F 2007FOX ST FOX ST 600 FLOYD AV N DARTMOUTH AV 0.250 1 36 2 1 0 5 0.00 G 2002 2003FOX ST Route Name Seg ID From Feature Dir To Feature Len Surface Width Ln Qty AdminCl Jur Split FunCl Overlay Thick Cond InspYr ProjYrRoute 6 18 ofPageTuesday, January 7, 2020 * = ineligible segmentPage 160 of 394 FOX ST 700 DARTMOUTH AV N BATES AV 0.260 1 36 2 2 0 7 0.00 F 2005FOX ST FRANKLIN ST 100 FLOYD AV N EASTMAN AV 0.130 1 40 2 2 0 7 0.00 P 2007FRANKLIN ST FRANKLIN ST 200 EASTMAN AV N DARTMOUTH AV 0.130 1 34 2 2 0 7 0.00 P 2007FRANKLIN ST FRANKLIN ST 300 DARTMOUTH AV N CORNELL AV 0.110 1 40 2 2 3 7 0.00 P 1974FRANKLIN ST FRANKLIN ST 400 BATES AV N BATES PY 0.070 1 40 2 2 3 7 0.00 P 1974FRANKLIN ST GALAPAGO ST 100 88TH AV N TUFTS AV 0.640 1 36 2 2 0 7 0.00 G 2005 2004GALAPAGO ST GALAPAGO ST 200 TUFTS AV N STANFORD AV 0.120 1 36 2 2 0 7 0.00 G 2007 2007GALAPAGO ST GALAPAGO ST 300 CDS N RADCLIFF AV 0.090 1 40 2 2 0 7 0.00 G 2007 2007GALAPAGO ST GALAPAGO ST 400 RADCLIFF AV N QUINCY AV 0.150 1 40 2 2 0 7 0.00 F 2007 2007GALAPAGO ST GALAPAGO ST 500 QUINCY AV N OXFORD AV 0.250 1 36 2 2 0 7 0.00 G 2007 2007GALAPAGO ST GALAPAGO ST 600 OXFORD AV N CDS 0.050 1 32 2 2 0 7 0.00 G 2007 2007GALAPAGO ST GALAPAGO ST 700 CDS N MANSFIELD AV 0.100 1 34 2 2 0 7 0.00 P 1974GALAPAGO ST GALAPAGO ST 800 MANSFIELD AV N KENYON AV 0.250 1 34 2 2 0 7 0.00 F 2007GALAPAGO ST GALAPAGO ST 900 KENYON AV N SH 285 0.270 1 44 2 2 0 7 0.00 F 2007 2002GALAPAGO ST GALAPAGO ST 1000 FLOYD AV N EASTMAN AV 0.120 1 36 2 2 0 7 0.00 G 2002GALAPAGO ST GALAPAGO ST 1100 DARTMOUTH AV N CORNELL AV 0.130 1 36 2 2 0 7 0.00 F 2007 2003GALAPAGO ST GALAPAGO ST 1200 CORNELL AV N BATES AV 0.130 1 30 2 2 0 7 0.00 G 2005 2005GALAPAGO ST GARDEN ST 100 THOMAS AV S END 0.030 16 24 2 2 0 7 0.00 G 1999GARDEN ST GAYLORD ST 100 EASTMAN AV N DARTMOUTH PL 0.150 1 36 2 2 0 7 0.00 G 2003 2003GAYLORD ST GILPIN ST 100 FLOYD AV N DARTMOUTH AV 0.260 1 34 2 2 0 7 0.00 G 1998 2004GILPIN ST GIRARD AV 300 BROADWAY ST E LOGAN ST 0.260 1 36 2 2 0 5 0.00 F 2007 2007GIRARD AV GIRARD AV 400 LOGAN ST E CLARKSON ST 0.250 1 36 2 2 0 5 0.00 F 2007 2004GIRARD AV GIRARD AV 500 CLARKSON ST E DOWNING ST 0.260 1 36 2 2 0 5 0.00 F 2007 2004GIRARD AV GIRARD AV 600 DOWNING ST E LAFAYETTE ST 0.120 1 36 2 2 0 7 0.00 F 2007 2007GIRARD AV GRAND AV 100 LOWELL BD E SH 88 0.520 1 36 2 2 0 7 0.00 G 2007 2007GRAND AV GRAND AV 200 HURON ST E DELAWARE ST 0.260 1 36 2 2 0 7 0.00 G 1996 2004GRAND AV GRAND AV 300 DELAWARE ST E ACOMA ST 0.190 1 36 2 2 0 7 0.00 G 2003 2003GRAND AV GRAND AV 400 PENNSYLVANIA ST E WASHINGTON ST 0.120 1 36 2 2 0 7 0.00 F 1996GRAND AV GRAND AV 500 WASHINGTON ST E CLARKSON ST 0.060 1 36 2 2 0 7 0.00 G 2005GRAND AV GRANT ST 100 BELLEWOOD DR N CHENANGO AV 0.220 1 44 2 2 0 7 0.00 F 2007 2004GRANT ST GRANT ST 200 CHENANGO AV N LEHIGH AV 1.420 1 36 2 2 0 7 0.00 F 2007 2003GRANT ST GRANT ST 300 LEHIGH AV N KENYON AV 0.120 1 30 2 2 0 7 0.00 G 2002GRANT ST GRANT ST 400 KENYON AV N JEFFERSON DR 0.080 1 36 2 2 0 7 0.00 G 2002GRANT ST GRANT ST 500 ALLEY N HAMPDEN AV 0.080 1 34 2 2 0 7 0.00 P 1974GRANT ST GRANT ST 600 HAMPDEN AV N YALE AV 1.020 1 34 2 2 0 7 0.00 G 2007 2007GRANT ST GROVE ST 100 BELLEVIEW AV N BELLWOOD DR 0.100 1 36 2 2 0 7 0.00 G 1996GROVE ST HAMPDEN AV 100 ACOMA ST E BROADWAY ST 0.110 1 39 3 1 0 7 0.00 G 2001HAMPDEN AV Route Name Seg ID From Feature Dir To Feature Len Surface Width Ln Qty AdminCl Jur Split FunCl Overlay Thick Cond InspYr ProjYrRoute 7 18 ofPageTuesday, January 7, 2020 * = ineligible segmentPage 161 of 394 HAMPDEN AV 200 BROADWAY ST E LOGAN ST 0.250 1 36 2 1 0 4 0.00 G 2007 2007HAMPDEN AV HAMPDEN AV 300 LOGAN ST E CLARKSON ST 0.260 1 36 2 1 0 4 0.00 G 2007 2007HAMPDEN AV HAMPDEN AV 400 CLARKSON ST E DOWNING ST 0.250 1 43 2 1 0 4 0.00 G 2007 2007HAMPDEN AV HAMPDEN AV 500 DOWNING ST E LAFAYETTE ST 0.120 1 43 2 1 0 4 0.00 G 2007 2007HAMPDEN AV HAMPDEN AV 600 LAFAYETTE ST E SH 285 0.050 1 20 1 1 0 4 0.00 G 2002HAMPDEN AV HAMPDEN PL 100 ELATI ST E CHEROKEE ST 0.130 1 36 2 1 0 7 0.00 F 2007 2007HAMPDEN PL HARVARD AV 100 ZUNI ST E TEJON ST 0.260 1 30 2 2 0 7 0.00 G 1995HARVARD AV HARVARD AV 200 TEJON ST E RARITAN ST 0.250 1 44 2 2 0 7 0.00 G 1974 2004HARVARD AV HARVARD AV 300 RARITAN ST E PECOS ST 0.120 1 28 2 2 0 7 0.00 G 2006 2006HARVARD AV HAWTHORN ST 100 BELLEVIEW AV N BELLWOOD DR 0.080 1 36 2 2 0 7 0.00 G 1996HAWTHORN ST HIGH ST 100 FLOYD AV N DARTMOUTH AV 0.260 1 36 2 2 0 7 0.00 G 2007 2007HIGH ST HILLSIDE AV 100 ZUNI ST E TEJON ST 0.250 1 36 2 2 0 7 0.00 G 2002HILLSIDE AV HOOKER ST 100 BELLEVIEW AV N BELLWOOD DR 0.070 1 36 2 2 0 7 0.00 G 1996HOOKER ST HUMBOLDT ST 100 FLOYD AV N EASTMAN AV 0.130 1 37 2 2 0 7 0.00 G 2000 2004HUMBOLDT ST HUMBOLDT ST 200 EASTMAN AV N DARTMOUTH AV 0.130 1 34 2 2 0 7 0.00 F 1974 2004HUMBOLDT ST HURON CT 100 CDS N OXFORD ST 0.060 1 34 2 2 0 7 0.00 F 1974HURON CT HURON ST 100 SH 88 N TUFTS AV 0.630 1 43 2 2 0 5 0.00 G 2007 2007HURON ST HURON ST 200 TUFTS AV N QUINCY AV 0.380 1 43 2 2 0 5 0.00 G 2007 2007HURON ST HURON ST 300 QUINCY AV N PRINCETON AV 0.130 1 43 2 2 0 7 0.00 G 1974 2004HURON ST HURON ST 400 PRINCETON AV N CDS 0.080 1 26 2 2 0 7 0.00 G 2005HURON ST HURON ST 500 OXFORD AV N MANSFIELD AV 0.250 1 43 2 2 0 7 0.00 G 1998 2004HURON ST HURON ST 600 MANSFIELD AV N LEHIGH AV 0.130 1 48 2 2 0 7 0.00 G 2001HURON ST HURON ST 700 LEHIGH AV N KENYON AV 0.120 1 44 2 2 0 7 0.00 G 2001HURON ST HURON ST 800 KENYON AV N SH 285 0.270 1 44 2 2 0 7 0.00 G 2002 2004HURON ST HURON ST 900 SH 285 N END 0.030 1 44 2 2 0 7 0.00 F 1974HURON ST HURON ST 1000 FLOYD AV N EASTMAN AV 0.120 1 34 2 2 0 7 0.00 P 2007HURON ST ILIFF AV 100 ZUNI ST E TEJON ST 0.250 1 24 2 2 0 7 0.00 G 2006 2006ILIFF AV ILIFF AV 200 TEJON ST E RARITAN ST 0.130 1 44 2 2 0 7 0.00 F 1974ILIFF AV ILIFF AV 300 RARITAN ST E PECOS ST 0.120 16 44 2 2 0 7 0.00 P 1996ILIFF AV INCA DR 100 BELLEVIEW AV N CHENANGO AV 0.260 1 26 2 2 0 7 0.00 F 1974INCA DR INCA DR 200 JASON ST NE SH 285 0.120 1 48 4 1 0 7 0.00 G 2001INCA DR INCA ST 100 CHENANGO AV N TUFTS AV 0.380 1 36 2 2 0 7 0.00 G 2000 2004INCA ST INCA ST 200 TUFTS AV N STANFORD AV 0.130 1 36 2 2 0 7 0.00 G 2000 2004INCA ST INCA ST 300 JASON ST E OXFORD AV 0.230 1 34 2 2 0 7 0.00 F 2007INCA ST INCA ST 400 OXFORD AV N KENYON AV 0.510 1 34 2 2 0 7 0.00 G 2002 2004INCA ST INCA ST 500 JEFFERSON AV N ITHACA AV 0.090 1 44 2 2 0 7 0.00 G 1997 2004INCA ST INCA ST 600 BGN N DARTMOUTH 0.130 1 39 2 2 0 7 0.00 G 2000 2003INCA ST Route Name Seg ID From Feature Dir To Feature Len Surface Width Ln Qty AdminCl Jur Split FunCl Overlay Thick Cond InspYr ProjYrRoute 8 18 ofPageTuesday, January 7, 2020 * = ineligible segmentPage 162 of 394 IRVING ST 100 BELLEVIEW AV N CHENANGO AV 0.220 1 44 2 2 0 7 0.00 G 2005 2006IRVING ST IRVING ST 200 CHENANGO AV N CL 0.030 1 44 2 2 0 7 0.00 P 2005IRVING ST IRVING ST 300 UNION AV N SPLIT 0.040 1 40 2 0 3 7 0.00 G 2002*IRVING ST IRVING ST 400 SPLIT N PIMLICO DR 0.040 1 40 2 2 3 7 0.00 G 2002IRVING ST IRVING ST 500 PIMLICO DR N STANFORD AV 0.120 1 40 2 2 0 7 0.00 G 2002IRVING ST IRVING ST 600 STANFORD AV N CL 0.020 1 40 2 2 0 7 0.00 G 2002IRVING ST ITHACA AV 100 INCA ST E HURON ST 0.060 1 43 2 2 0 7 0.00 G 2005ITHACA AV ITHACA AV 200 HURON ST E CHEROKEE ST 0.320 1 43 2 2 0 7 0.00 F 2007ITHACA AV JASON CT 100 RADCLIFF PL N QUINCY AV 0.060 1 34 2 2 0 7 0.00 G 2007 2007JASON CT JASON ST 100 CHENANGO AV N TUFTS AV 0.390 1 36 2 2 0 7 0.00 G 2007 2007JASON ST JASON ST 200 TUFTS AV N STANFORD AV 0.120 1 36 2 2 0 7 0.00 P 2007JASON ST JASON ST 300 RADCLIFF AV N QUINCY AV 0.090 1 36 2 2 0 7 0.00 G 1996JASON ST JASON ST 400 QUINCY AV N OXFORD AV 0.250 1 36 2 2 0 7 0.00 P 2007JASON ST JASON ST 500 OXFORD AV N MANSFIELD AV 0.270 1 36 2 2 0 7 0.00 G 2007 2007JASON ST JASON ST 600 MANSFIELD AV N KENYON AV 0.250 1 44 2 2 0 7 0.00 G 2007 2007JASON ST JASON ST 700 KENYON AV N INCA DR 0.170 1 44 2 1 0 7 0.00 G 2007 2007JASON ST JASON ST 800 SH 285 N PKLOT 0.030 1 44 2 2 0 7 0.00 P 1974JASON ST JEFFERSON AV 100 JASON ST E INCA ST 0.060 1 44 2 2 0 7 0.00 G 1997 2004JEFFERSONAV JEFFERSON AV 200 HURON ST E CHEROKEE ST 0.310 1 34 2 2 0 7 0.00 F 2007 2003JEFFERSONAV JEFFERSON AV 300 CHEROKEE ST E ALLEY 0.030 3 24 2 2 0 7 0.00 G 1999JEFFERSONAV JEFFERSON AV 400 BANNOCK ST E BROADWAY ST 0.140 1 28 2 2 0 7 0.00 G 1998JEFFERSONAV JEFFERSON AV 500 SH 285 E SPLIT 0.035 16 14 1 2 0 7 0.00 P 1974JEFFERSONAV JEFFERSON DR 100 SHERMAN ST SE LOGAN ST 0.140 1 43 2 2 0 7 0.00 G 2001JEFFERSONDR JULIAN ST 100 BELLEVIEW AV N CDS 0.060 1 36 2 2 0 7 0.00 F 1995JULIAN ST JULIAN ST 200 CDS N TUFTS AV 0.060 1 36 2 2 0 7 0.00 P 1974JULIAN ST JULIAN ST 300 TUFTS AV N CDS 0.060 1 36 2 2 0 7 0.00 P 1974JULIAN ST KALAMATH CT 100 PRINCETON PL N OXFORD PL 0.050 1 35 2 2 0 7 0.00 F 1998KALAMATH CT KALAMATH DR 100 WHITAKER DR N CHENANGO AV 0.120 1 36 2 2 0 7 0.00 G 2000KALAMATH DR KALAMATH ST 100 CHENANGO DR N TUFTS AV 0.380 1 36 2 2 0 7 0.00 G 2000KALAMATH ST KALAMATH ST 200 TUFTS ST N STANFORD PL 0.190 1 36 2 2 0 7 0.00 F 1998KALAMATH ST KALAMATH ST 300 RADCLIFF AV N QUINCY AV 0.090 1 36 2 2 0 7 0.00 G 2007 2007KALAMATH ST KALAMATH ST 400 OXFORD ST N KENYON AV 0.500 1 43 2 2 0 7 0.00 F 2007 2004KALAMATH ST KEENLAND CT 100 BELLEVIEW AV N CDS 0.060 1 36 2 2 0 7 0.00 F 1995KEENLAND CT KENYON AV 100 WINDEMERE AV E HURON ST 0.270 1 37 2 1 0 5 0.00 G 1997 2004KENYON AV KENYON AV 200 HURON ST E ELATI ST 0.180 1 44 2 1 0 5 0.00 G 2007 2007KENYON AV KENYON AV 300 ELATI ST E BANNOCK ST 0.190 1 34 2 1 0 5 0.00 G 2007 2007KENYON AV KENYON AV 400 BANNOCK ST E BROADWAY ST 0.140 1 34 2 1 0 5 0.00 G 2007 2007KENYON AV Route Name Seg ID From Feature Dir To Feature Len Surface Width Ln Qty AdminCl Jur Split FunCl Overlay Thick Cond InspYr ProjYrRoute 9 18 ofPageTuesday, January 7, 2020 * = ineligible segmentPage 163 of 394 KENYON AV 500 BROADWAY ST E LOGAN ST 0.250 1 34 2 1 0 7 0.00 G 2007 2007KENYON AV KENYON AV 600 LOGAN ST E END 0.030 16 24 2 2 0 7 0.00 P 1974KENYON AV KENYON AV 700 BGN E CLARKSON ST 0.030 1 28 2 2 0 7 0.00 P 1974KENYON AV KING ST 100 CDS S TUFTS AV 0.060 1 36 2 2 0 7 0.00 G 1996KING ST KING ST 200 TUFTS AV S CDS 0.060 1 36 2 2 0 7 0.00 G 1996KING ST KNOX CT 100 CDS N TUFTS AV 0.060 1 36 2 2 0 7 0.00 G 1996KNOX CT KNOX CT 200 TUFTS AV N CDS 0.060 1 36 2 2 0 7 0.00 G 1996KNOX CT LAFAYETTE CT 100 BATES PY SE BATES PY 0.050 1 34 2 2 0 7 0.00 G 1996LAFAYETTECT LAFAYETTE DR 100 CORNELL AV N BATES AV 0.190 1 34 2 2 0 7 0.00 G 1996LAFAYETTEDR LAFAYETTE ST 100 JEFFERSON AV N SH 285 0.050 16 14 1 0 3 7 0.00 P 1974*LAFAYETTEST LAFAYETTE ST 200 SH 285 N HAMPDEN AV 0.060 1 24 2 0 3 7 0.00 P 1974*LAFAYETTEST LAFAYETTE ST 300 HAMPDEN AV N FLOYD AV 0.250 1 34 2 2 0 7 0.00 G 2002 2002LAFAYETTEST LAFAYETTE ST 400 FLOYD AV N EASTMAN 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4 0.00 P 2007LOWELL BD LOWELL BD 300 WIDCH N CHENANGO AV 0.060 1 50 2 1 3 4 0.00 P 2007LOWELL BD LOWELL BD 400 CHENANGO AV N CL 0.030 1 50 2 1 3 4 0.00 F 1996LOWELL BD LOWELL BD 500 CL N TUFTS AV 0.060 1 46 2 1 3 4 0.00 P 1974LOWELL BD LOWELL BD 600 TUFTS AV N CL 0.070 1 46 2 1 3 4 0.00 P 1974LOWELL BD MANSFIELD AV 100 WINDEMERE ST E GALAPAGO ST 0.440 1 40 2 2 0 7 0.00 F 2007MANSFIELDAV MANSFIELD AV 200 GALAPAGO ST E BANNOCK ST 0.320 1 36 2 2 0 7 0.00 F 2007 2004MANSFIELDAV MANSFIELD AV 300 BANNOCK ST E ACOMA ST 0.070 1 32 2 2 0 7 0.00 F 2007 2004MANSFIELDAV MANSFIELD AV 400 ACOMA ST E BROADWAY ST 0.060 1 44 2 2 0 7 0.00 F 2007MANSFIELDAV MANSFIELD AV 500 BROADWAY ST E SHERMAN ST 0.130 1 37 2 2 0 7 0.00 G 2007 2007MANSFIELDAV MANSFIELD AV 600 SHERMAN ST E LOGAN ST 0.130 1 37 2 2 0 7 0.00 G 2007 2007MANSFIELDAV MANSFIELD AV 700 LOGAN ST E CLARKSON ST 0.250 1 40 2 2 0 7 0.00 G 2003 2003MANSFIELDAV MARION ST 100 SH 285 N HAMPDEN AV 0.120 1 34 2 2 0 7 0.00 G 2002 2002MARION ST MARION ST 200 HAMPDEN AV N GIRARD AV 0.130 1 40 2 2 0 7 0.00 G 1995MARION ST Route Name Seg ID From Feature Dir To Feature Len Surface Width Ln Qty AdminCl Jur Split FunCl Overlay Thick Cond InspYr ProjYrRoute 11 18 ofPageTuesday, January 7, 2020 * = ineligible segmentPage 165 of 394 MARION ST 300 GIRARD AV N EASTMAN AV 0.210 1 34 2 2 0 7 0.00 F 2007 2007MARION ST MARION ST 400 CDS N DARTMOUTH AV 0.060 1 34 2 2 0 7 0.00 G 2001MARION ST MARION ST 500 DARTMOUTH AV N BATES AV 0.250 1 34 2 2 0 7 0.00 G 2001MARION ST MARIPOSA DR 100 LAYTON AV N TUFTS AV 0.250 1 34 2 2 0 7 0.00 G 1996MARIPOSA DR MARIPOSA ST 100 NASSAU AV N MANSFIELD AV 0.130 1 44 2 2 0 7 0.00 G 2001MARIPOSA ST MONMOUTH AV 100 LOWELL BD E SH 88 0.520 1 36 2 2 0 7 0.00 G 2007 2007MONMOUTH AV NASSAU AV 100 WINDEMERE ST E KALAMATH ST 0.190 1 44 2 2 0 7 0.00 F 2007NASSAU AV NASSAU AV 200 KALAMATH ST E ALLEY 0.030 3 18 2 2 0 7 0.00 P 1974NASSAU AV NASSAU AV 300 ALLEY E FOX ST 0.030 16 21 2 2 0 7 0.00 P 1974NASSAU AV NASSAU AV 400 FOX ST E BANNOCK ST 0.250 1 34 2 2 0 7 0.00 G 1995 2004NASSAU AV NASSAU AV 500 BANNOCK ST E ACOMA ST 0.070 1 34 2 2 0 7 0.00 G 1995 2004NASSAU AV NASSAU AV 600 ACOMA ST E BROADWAY ST 0.060 1 48 2 2 0 7 0.00 G 1996 2004NASSAU AV NASSAU AV 700 BROADWAY ST E LINCOLN ST 0.060 1 48 2 2 0 7 0.00 G 2007 2007NASSAU AV NASSAU AV 800 LINCOLN ST E SHERMAN ST 0.060 1 48 2 2 0 7 0.00 G 2007 2007NASSAU AV NASSAU AV 900 SHERMAN ST E LOGAN AV 0.120 1 36 2 2 0 7 0.00 G 2007 2007NASSAU AV NASSAU AV 1000 LOGAN ST E CLARKSON ST 0.260 1 36 2 2 0 7 0.00 G 2007 2007NASSAU AV NASSAU WY 100 HURON ST E FOX ST 0.120 1 36 2 2 0 7 0.00 G 1995NASSAU WY NAVAJO ST 100 TUFTS AV N STANFORD AV 0.130 1 40 2 2 0 5 0.00 G 2001NAVAJO ST NAVAJO ST 300 STANFORD PL N RRX 0.060 1 40 2 2 0 5 0.00 F 1993NAVAJO ST NAVAJO ST 400 RRX N QUINCY ST 0.200 1 40 2 2 0 5 0.00 F 1993NAVAJO ST NAVAJO ST 500 QUINCY ST N OXFORD AV 0.250 1 40 2 2 0 5 0.00 G 1996NAVAJO ST OGDEN ST 100 SH 285 N HAMPDEN AV 0.120 1 34 2 2 0 7 0.00 G 2002 2002OGDEN ST OGDEN ST 200 GIRARD AV N FLOYD AV 0.140 1 44 2 2 0 7 0.00 P 1974OGDEN ST OGDEN ST 300 FLOYD AV N DARTMOUTH AV 0.250 1 40 2 2 0 7 0.00 G 1974 2004OGDEN ST OGDEN ST 400 DARTMOUTH AV N BATES AV 0.260 1 36 2 2 0 7 0.00 G 2005 2002OGDEN ST OGDEN ST 500 BATES AV N YALE AV 0.250 1 34 2 2 0 7 0.00 G 2005OGDEN ST OSAGE ST 100 TUFTS AV N END 0.040 16 16 2 2 0 7 0.00 P 1980OSAGE ST OXFORD AV 100 WINDEMERE ST E INCA ST 0.350 1 60 2 1 0 4 0.00 F 2007OXFORD AV OXFORD AV 200 INCA ST E FOX ST 0.190 1 60 2 1 0 4 0.00 F 2007OXFORD AV OXFORD AV 300 FOX ST E BANNOCK ST 0.250 1 60 2 1 0 4 0.00 G 2002 2004OXFORD AV OXFORD AV 400 BANNOCK ST E BROADWAY ST 0.120 1 60 2 1 0 4 0.00 F 2007OXFORD AV OXFORD AV 500 BROADWAY ST E SHERMAN ST 0.130 1 43 2 1 0 5 0.00 G 2003 2003OXFORD AV OXFORD AV 600 SHERMAN ST E LOGAN ST 0.130 1 43 2 1 0 5 0.00 G 2003 2003OXFORD AV OXFORD AV 700 LOGAN ST E CLARKSON ST 0.250 1 43 2 1 0 5 0.00 P 2007OXFORD AV OXFORD PL 100 KALAMATH CT E JASON ST 0.100 1 35 2 2 0 7 0.00 G 1998OXFORD PL PEARL ST 100 GRAND AV N LAYTON AV 0.220 1 36 2 2 0 7 0.00 P 2007PEARL ST PEARL ST 200 LAYTON AV N TUFTS AV 0.250 1 42 2 2 0 7 0.00 P 2007PEARL ST Route Name Seg ID From Feature Dir To Feature Len Surface Width Ln Qty AdminCl Jur Split FunCl Overlay Thick Cond InspYr ProjYrRoute 12 18 ofPageTuesday, January 7, 2020 * = ineligible segmentPage 166 of 394 PEARL ST 300 TUFTS AV N RADCLIFF AV 0.260 1 44 2 2 0 7 0.00 F 2007 2004PEARL ST PEARL ST 400 RADCLIFF AV N QUINCY AV 0.120 1 36 2 2 0 7 0.00 F 2007 2004PEARL ST PEARL ST 500 QUINCY AV N OXFORD AV 0.250 1 36 2 2 0 7 0.00 G 2003 2003PEARL ST PEARL ST 600 OXFORD AV N MANSFIELD AV 0.250 1 36 2 2 0 7 0.00 G 2003 2003PEARL ST PEARL ST 700 BARR N SH 285 0.090 1 35 2 2 0 7 0.00 G 1995PEARL ST PEARL ST 800 SH 285 N HAMPDEN AV 0.140 1 35 2 2 0 7 0.00 G 1998PEARL ST PEARL ST 900 GIRARD AV N FLOYD AV 0.130 1 34 2 2 0 7 0.00 G 1974 2004PEARL ST PEARL ST 1000 FLOYD AV N DARTMOUTH AV 0.260 1 34 2 2 0 7 0.00 G 1995PEARL ST PEARL ST 1100 DARTMOUTH AV N CORNELL AV 0.120 1 34 2 2 0 7 0.00 F 2007 2003PEARL ST PEARL ST 1200 AMHERST AV N YALE AV 0.120 1 34 2 2 0 7 0.00 P 2007PEARL ST PECOS ST 200 ILIFF ST N BALTIC PL 0.060 16 20 2 2 3 7 0.00 P 1974PECOS ST PENNSYLVANIAST 100 GRAND AV N TUFTS AV 0.480 1 36 2 2 0 7 0.00 F 2007 2004PENNSYLVAST PENNSYLVANIAST 200 TUFTS AV N OXFORD AV 0.640 1 44 2 2 0 7 0.00 P 2007PENNSYLVAST PENNSYLVANIAST 300 OXFORD AV N MANSFIELD AV 0.250 1 36 2 2 0 7 0.00 P 1974PENNSYLVAST PENNSYLVANIAST 400 CDS N SH 285 0.070 1 40 2 2 0 7 0.00 G 1995PENNSYLVAST PENNSYLVANIAST 450 SH 285 N HAMPDEN AV 0.140 1 40 2 2 0 7 0.00 P 1974PENNSYLVAST PENNSYLVANIAST 500 CDS N FLOYD AV 0.170 1 40 2 2 0 7 0.00 P 1974PENNSYLVAST PENNSYLVANIAST 600 FLOYD AV N CORNELL AV 0.390 1 30 2 2 0 7 0.00 P 2007PENNSYLVAST PENNSYLVANIAST 700 CORNELL AV N BARR 0.030 1 36 2 2 0 7 0.00 P 2007 2003PENNSYLVAST PENNSYLVANIAST 800 BATES AV N YALE AV 0.250 1 36 2 2 0 7 0.00 G 2002PENNSYLVAST PENNWOOD CI 100 SH 88 N LOGAN ST 0.180 1 36 2 2 0 7 0.00 G 2005 2006PENNWOOD CI PIMLICO DR 100 IRVING ST E SH 88 0.250 1 33 2 2 0 7 0.00 P 2007PIMLICO DR PLATTE RIVER DR E 100 CL N STR 0.380 1 40 2 2 0 5 0.00 F 2005PLATTERIEDR PLATTERIVER DR E 200 STR N DARTMOUTH AV 0.060 1 40 2 1 0 5 0.00 F 2005PLATTERIEDR PLATTE RIVER DR W 300 DARTMOUTH AV N CL 0.340 1 30 2 1 0 5 0.00 P 1975PLATTERIEDR PLATTE RIVER DR W 100 CL N WIDCH 0.130 1 36 2 1 0 5 0.00 P 1983PLATTERIWDR PLATTE RIVER DR W 200 WIDCH N DARTMOUTH AV 0.300 1 28 2 1 0 5 0.00 P 1975PLATTERIWDR PLATTE RIVER DR W 300 DARTMOUTH AV N CL 0.250 1 30 2 1 0 5 0.00 P 1975PLATTERIWDR PRENTICE AV 100 WINDEMERE ST E SPLIT 0.180 1 40 2 0 0 7 0.00 G 1999 2004*PRENTICE AV PRENTICE AV 200 SPLIT E CL 0.180 1 40 2 1 0 7 0.00 G 1999 2004PRENTICE AV PRINCETON AV 100 HURON ST E CHEROKEE ST 0.310 1 36 2 2 0 7 0.00 F 2007 2004PRINCETONAV PRINCETON AV 200 CHEROKEE ST E BANNOCK ST 0.060 1 36 2 2 0 7 0.00 F 2007 2004PRINCETONAV PRINCETON AV 300 BANNOCK ST E BROADWAY ST 0.130 1 36 2 2 0 7 0.00 P 2007PRINCETONAV PRINCETON AV 400 BROADWAY ST E LINCOLN ST 0.070 1 43 2 2 0 7 0.00 F 2007 2003PRINCETONAV PRINCETON AV 500 LINCOLN ST E SHERMAN ST 0.060 1 36 2 2 0 7 0.00 F 2007 2003PRINCETONAV PRINCETON AV 600 SHERMAN ST E GRANT ST 0.070 1 36 2 2 0 7 0.00 F 2007 2003PRINCETONAV PRINCETON AV 700 GRANT ST E LOGAN ST 0.060 1 36 2 2 0 7 0.00 F 2007 2003PRINCETONAV Route Name Seg ID From Feature Dir To Feature Len Surface Width Ln Qty AdminCl Jur Split FunCl Overlay Thick Cond InspYr ProjYrRoute 13 18 ofPageTuesday, January 7, 2020 * = ineligible segmentPage 167 of 394 PRINCETON AV 800 LOGAN ST E CLARKSON ST 0.240 1 36 2 2 0 7 0.00 P 2005PRINCETONAV PRINCETON PL 100 LIPAN ST E JASON ST 0.160 1 35 2 2 0 7 0.00 G 1997PRINCETONPL QUINCY AV 100 SH 85 E RRX 0.010 1 43 2 1 0 7 0.00 F 1974QUINCY AV QUINCY AV 300 RRX E WINDEMERE ST 0.040 1 24 2 1 0 7 0.00 F 1991QUINCY AV QUINCY AV 600 WINDEMERE ST E HURON ST 0.420 1 43 2 1 0 7 0.00 F 2007 2003QUINCY AV QUINCY AV 650 HURON ST E BANNOCK ST 0.420 1 43 2 1 0 5 0.00 F 2007 2003QUINCY AV QUINCY AV 700 BANNOCK ST E BROADWAY ST 0.130 1 43 2 1 0 5 0.00 F 2007QUINCY AV QUINCY AV 800 BROADWAY ST E SHERMAN ST 0.130 1 43 2 1 0 5 0.00 F 2007QUINCY AV QUINCY AV 900 SHERMAN ST E LOGAN ST 0.130 1 43 2 1 0 5 0.00 F 2007QUINCY AV QUINCY AV 1000 LOGAN ST E CLARKSON ST 0.240 1 43 2 1 0 5 0.00 F 2007QUINCY AV QUINCY PL 100 LIPAN ST E END 0.030 16 25 2 2 0 7 0.00 F 1974QUINCY PL RACE ST 100 CDS N FLOYD PL 0.180 1 36 2 2 0 7 0.00 G 2003 2003RACE ST RACE ST 200 FLOYD PL N FLOYD AV 0.050 1 36 2 2 0 7 0.00 G 2003 2003RACE ST RACE ST 300 FLOYD AV N DARTMOUTH AV 0.250 1 36 2 2 0 7 0.00 G 2003 2003RACE ST RADCLIFF AV 100 WCL E SH 88 0.130 1 36 2 2 0 7 0.00 F 1974RADCLIFF AV RADCLIFF AV 200 WINDEMERE ST E NAVAJO ST 0.130 1 23 2 2 0 7 0.00 G 1999RADCLIFF AV RADCLIFF AV 250 NAVAJO ST E END 0.040 1 40 2 2 0 7 0.00 G 1999RADCLIFF AV RADCLIFF AV 300 GATE E LIPAN ST 0.060 1 36 2 2 0 7 0.00 F 1974RADCLIFF AV RADCLIFF AV 400 LIPAN ST E KALAMATH ST 0.050 1 36 2 2 0 7 0.00 F 1974RADCLIFF AV RADCLIFF AV 500 KALAMATH ST E JASON ST 0.080 1 36 2 2 0 7 0.00 G 2005RADCLIFF AV RADCLIFF AV 600 JASON ST S CDS 0.070 1 36 2 2 0 7 0.00 G 1996RADCLIFF AV RADCLIFF AV 700 HURON ST E BANNOCK ST 0.370 1 36 2 2 0 7 0.00 F 2007RADCLIFF AV RADCLIFF AV 800 BANNOCK ST E BROADWAY ST 0.130 1 36 2 2 0 7 0.00 F 2007RADCLIFF AV RADCLIFF AV 900 BROADWAY ST E LINCOLN ST 0.070 1 36 2 2 0 7 0.00 F 2007RADCLIFF AV RADCLIFF AV 1000 LINCOLN ST E LOGAN ST 0.190 1 34 2 2 0 7 0.00 F 2007RADCLIFF AV RADCLIFF AV 1100 LOGAN ST E CLARKSON ST 0.250 1 34 2 2 0 7 0.00 G 2007 2007RADCLIFF AV RADCLIFF PL 100 JASON CT E JASON ST 0.030 1 34 2 2 0 7 0.00 G 2005RADCLIFF PL RARITAN CI 100 RARITAN ST SE CDS 0.110 1 36 2 2 0 7 0.00 G 2006 2006RARITAN CI RARITAN ST 100 BATES AV N YALE AV 0.250 1 44 2 2 0 7 0.00 P 2007RARITAN ST RARITAN ST 200 YALE AV N HARVARD AV 0.250 1 44 2 2 0 7 0.00 G 2007 2007RARITAN ST RARITAN ST 300 HARVARD AV N ILIFF AV 0.260 1 44 2 2 0 7 0.00 G 2007 2007RARITAN ST RARITAN ST 400 ILIFF AV N BALTIC PL 0.060 1 44 2 2 0 7 0.00 G 2007 2007RARITAN ST RARITAN ST 500 BALTIC PL N WARREN AV 0.050 1 44 2 2 0 7 0.00 G 2007 2007RARITAN ST RARITAN ST 600 WARREN AV N ADRIATIC PL 0.060 1 44 2 2 3 7 0.00 G 2007 2007RARITAN ST RARITAN ST 700 ADRIATIC PL N EVANS AV 0.060 1 44 2 0 3 7 0.00 G 2007 2007*RARITAN ST ROB ROY RD 100 PLATTERIVER RD E US85FRD 0.110 1 30 2 2 0 7 0.00 G 1995ROBROY RD SANTA FE CI 100 SH 85 W SANTA FE CI 0.350 1 30 2 2 0 7 0.00 G 1996SANTAFE CI Route Name Seg ID From Feature Dir To Feature Len Surface Width Ln Qty AdminCl Jur Split FunCl Overlay Thick Cond InspYr ProjYrRoute 14 18 ofPageTuesday, January 7, 2020 * = ineligible segmentPage 168 of 394 SANTA FE FRONTAGE RD 50 UNION AV N CL 0.380 11 30 2 2 0 7 0.00 G 1996SANTAFEFRRD SANTA FE FRONTAGE RD 100 CDS N ROBROY RD 0.230 1 30 2 2 0 7 0.00 G 1996SANTAFEFRRD SANTA FE FRONTAGE RD 200 ROB ROY RD N CDS 0.120 1 30 2 2 0 7 0.00 G 1995SANTAFEFRRD SARATOGA AV 100 SH 88 E DECATUR ST 0.160 1 36 2 2 0 7 0.00 G 1996SARATOGA AV SHERMAN 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22 2 1 0 5 0.00 F 1978SHOSHONE ST SHOSHONE ST 200 CORNELL AV N BATES AV 0.120 1 44 2 2 0 7 0.00 F 1978SHOSHONE ST SHOSHONE ST 300 BATES AV N YALE AV 0.240 1 44 2 2 0 7 0.00 G 2007 2007SHOSHONE ST STANFORD AV 100 IRVING ST E SH 88 0.250 1 36 2 2 0 7 0.00 F 1974STANFORD AV STANFORD AV 200 WINDEMERE ST E END 0.200 1 40 2 2 0 7 0.00 G 1999STANFORD AV STANFORD AV 300 LIPAN CT E HURON ST 0.280 1 36 2 2 0 7 0.00 G 2006 2006STANFORD AV STANFORD AV 400 HURON ST E CHEROKEE ST 0.250 1 36 2 2 0 7 0.00 G 2007 2007STANFORD AV STANFORD AV 500 CHEROKEE ST E BANNOCK ST 0.130 1 40 2 2 0 7 0.00 G 2007 2007STANFORD AV STANFORD AV 600 BANNOCK ST E ACOMA ST 0.060 1 40 2 2 0 7 0.00 G 2007 2007STANFORD AV STANFORD AV 700 ACOMA ST E BROADWAY ST 0.060 1 43 2 2 0 7 0.00 G 2007 2007STANFORD AV STANFORD AV 800 BROADWAY ST E LOGAN ST 0.250 1 38 2 2 0 7 0.00 G 2005STANFORD AV STANFORD AV 900 LOGAN ST E CLARKSON ST 0.250 1 38 2 2 0 7 0.00 G 2005STANFORD AV STANFORD DR 100 STANFORD AV SE SH 88 0.130 1 36 2 2 0 7 0.00 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1999TUFTS AV TUFTS AV 900 OSAGE ST E NAVAJO ST 0.030 1 40 2 1 0 5 0.00 G 2001TUFTS AV TUFTS AV 1000 NAVAJO ST E MARIPOSA DR 0.080 1 40 2 1 0 5 0.00 G 2001TUFTS AV TUFTS AV 1100 MARIPOSA DR E HURON ST 0.350 1 44 2 1 0 5 0.00 G 1974 2004TUFTS AV TUFTS AV 1200 HURON ST E DELAWARE ST 0.250 1 44 2 1 0 5 0.00 F 2007TUFTS AV TUFTS AV 1300 DELAWARE ST E BANNOCK ST 0.130 1 44 2 1 0 5 0.00 F 2007TUFTS AV TUFTS AV 1400 BANNOCK ST E BROADWAY ST 0.120 1 44 2 1 0 5 0.00 F 2007TUFTS AV TUFTS AV 1500 BROADWAY ST E LOGAN ST 0.240 1 44 2 1 0 5 0.00 G 2007 2007TUFTS AV TUFTS AV 1600 LOGAN ST E CLARKSON ST 0.250 1 44 2 1 0 5 0.00 G 2007 2007TUFTS AV UMATILLA ST 100 DARTMOUTH AV N BATES AV 0.260 1 34 2 2 0 7 0.00 G 2003 2003UMATILLA ST UNION AV 100 IRVING ST E SPLIT 0.100 1 44 2 0 3 7 0.00 G 2007 2007*UNION AV UNION AV 200 SPLIT E SH 88 0.140 1 44 2 2 3 7 0.00 G 2007 2007UNION AV UNION AV 300 SH 88 E CLAY CT 0.200 1 44 2 1 0 5 0.00 G 2007 2007UNION AV UNION AV 400 CLAY CT E STR 0.370 1 44 2 1 0 5 0.00 F 2007UNION AV UNION AV 500 STR E SH 85 0.340 1 44 2 1 0 5 0.00 G 1996UNION AV UNION AV 600 LIPAN ST E HURON ST 0.250 1 36 2 2 0 7 0.00 G 1995UNION AV UNION AV 700 HURON ST E DELAWARE ST 0.260 1 40 2 2 0 7 0.00 F 2007UNION AV UNION AV 800 DELAWARE ST E BANNOCK ST 0.120 1 35 2 2 0 7 0.00 G 1995UNION AV UNION AV 900 BANNOCK ST E ACOMA ST 0.070 1 35 2 2 0 7 0.00 G 1995UNION AV UNION AV 1000 ACOMA ST E BROADWAY ST 0.060 1 43 2 2 0 7 0.00 G 1996UNION AV UNION AV 1100 BROADWAY ST E LOGAN ST 0.260 1 44 2 2 0 7 0.00 G 2005UNION AV UNION AV 1200 LOGAN ST E PENNSYLVANIA ST 0.060 1 44 2 2 0 7 0.00 G 2005 2005UNION AV UNION AV 1300 PENNSYLVANIA ST E CLARKSON ST 0.190 1 43 2 2 0 7 0.00 G 2005UNION AV UNIVERSITY BD 100 SPLIT N FLOYD AV 0.125 1 56 4 1 2 3 0.00 F 1975UNIVERSITBD UNIVERSITY BD 200 FLOYD AV N DARTMOUTH AV 0.240 1 56 4 0 3 7 0.00 G 1997*UNIVERSITBD UNIVERSITY BD 300 DARTMOUTH AV N CL 0.080 1 56 4 0 3 7 0.00 F 1975*UNIVERSITBD VALLEJO ST 100 DARTMOUTH AV N BATES AV 0.260 1 34 2 2 0 7 0.00 G 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Cond InspYr ProjYrRoute 17 18 ofPageTuesday, January 7, 2020 * = ineligible segmentPage 171 of 394 ZUNI ST 150 SPLIT N DARTMOUTH AV 0.130 1 44 2 1 3 5 0.00 G 2003 2003ZUNI ST ZUNI ST 200 DARTMOUTH AV N BATES AV 0.260 1 44 2 1 3 5 0.00 G 2003 2003ZUNI ST ZUNI ST 300 BATES AV N YALE AV 0.240 1 44 2 1 3 5 0.00 G 2003 2003ZUNI ST ZUNI ST 400 YALE AV N EVANS AV 0.760 1 44 2 0 3 7 0.00 G 2003 2003*ZUNI ST Route Name Seg ID From Feature Dir To Feature Len Surface Width Ln Qty AdminCl Jur Split FunCl Overlay Thick Cond InspYr ProjYrRoute 18 18 ofPageTuesday, January 7, 2020 * = ineligible segmentPage 172 of 394 Q: What is the Highway Users Tax Fund (HUTF)? A: HUTF has been the backbone of state and local transportation financing since its creation in 1953. Major sources of revenue for the fund are motor fuel taxes, vehicle registration fees, driver’s license fees, oversize load permits, and traffic penalty assessments. The largest contributor is the motor fuels tax, which remains at the 22-cents per gallon figure that took effect in 1991. Q. How do municipalities benefit from HUTF? A: Nine percent of the first seven cents of the motor fuel tax portion of HUTF is allocated to municipalities. 18 percent of the remaining portion of HUTF revenue is apportioned for municipalities. (CDOT gets 60 percent of HUTF and the counties gain 22 percent.) In dollar terms municipalities will split an estimated $120 million in 2010. Cities and towns divide the municipal share on a formula based 80 percent on the number of registered vehicles and 20 percent on the number of center lane miles in their jurisdiction. Q. Did FASTER do anything other than create headlines? A: It was the first new revenue stream for HUTF in 18 years. Vehicle registration fees had not increased since 1989. The FASTER dollars will boost HUTF disbursements to municipalities by more than 20% in 2010. Without FASTER, municipal HUTF payments would have decreased in the year ahead. Q. Do you anticipate changes to HUTF disbursements in 2010? A: CML is already working to protect HUTF from further diversions made to support the state general fund. HUTF for many years has provided nearly all the funding for the State Patrol and Ports of Entry. These are “off-the- top” diversions made before the municipal share is distributed. This past session an additional diversion was approved to support the Driver’s License Bureau. We do not want to lose the gains we made with FASTER. The Voice of Colorado’s Cities and Towns FAQ: Colorado Highway Users Tax Fund The FAQ column features frequently asked questions submitted to the Colorado Municipal League. This information is of a general nature and should not be interpreted as legal advice. Local facts determine which laws may apply and how, so you should always consult your municipal attorney before proceeding. Page 173 of 394 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: January 21, 2020 SUBJECT: Approval of Change Order with Ground Engineering for Police Headquarters Building DESCRIPTION: Approval of Change Order with Ground Engineering for Police Headquarters Building RECOMMENDATION: Staff recommends approval of Change Order No. 2 with Ground Engineering for additional concrete & structural steel testing related to the Police Headquarters Building Project in the amount of $3,824.00. PREVIOUS COUNCIL ACTION: A contract with Ground Engineering, in the amount of $68,218.00, to provide materials testing & inspection services for Phase I was approved by City Council on February 5, 2018. ANALYSIS: Additional work is required of Ground Engineering to: • provide testing services for the re-paving work on Elati Street & some miscellaneous testing associated with the parking lot; and • structural steel testing of the parking lot canopies Ground Engineering has provided services to the project for both Phase 1 (new building construction) and Phase II (old building demolition and parking lot construction). Providing these services will help ensure successful completion of the project. FINANCIAL IMPLICATIONS: Change Order No. 2 is being brought before the City Council for approval in accordance with the City's Procurement Policy since the cumulative total of all change orders exceeds 10% of the contract amount. Per the City's Procurement Policy, if the total of all change orders exceeds $100,000 or 10% of the original contract amount, the City Council must approve the change order. Change Order No. 1 for materials testing and inspection services for Phase II was approved in February 2019. Change Order No. 2 totals $3,824.00. A summary of all change orders with Ground Engineering is attached. CONCLUSION: Staff recommends approving Change Order No. 2, in the amount of $3,824.00, with Ground Engineering Page 174 of 394 ATTACHMENTS: Ground Engineering Change Order No. 2 Change Order Summary Contract Approval Summary Page 175 of 394 Page 176 of 394 1/7/20 Page 177 of 394 October 10, 2019 Subject: Materials Testing and Special Inspection Services, Request for Change Order, Englewood Police Headquarters Phase 2, Englewood, Colorado Job Number: 19-4078 Ms. Audra Johnson CBRE 1225 17th Street Suite 3200 Denver, CO 80202 Attn: Ms. Johnson, Ground Engineering Consultants, Inc. (GROUND) is currently performing materials testing and special inspection services for the Englewood Police Headquarters Phase 2 Project based on the scope of work and fees outlined in the proposal, dated January 15, 2019. We have been requested to perform testing and inspection services in addition to the current scope, the fees associated with the additional testing and inspections invoiced through September 21, 2019 are as follows: Engineering Technician $2,660.00 Total Estimate for Change Order $2,660.00 Please contact our office with any questions or concerns regarding the information presented herein. Sincerely, Ground Engineering Consultants, Inc. Page 178 of 394 December 11, 2019 Subject: Materials Testing and Special Inspection Services, Request for Change Order # 2, Englewood Police Headquarters Phase 2, Englewood, Colorado Job Number: 19-4078 Ms. Audra Johnson CBRE 1225 17th Street Suite 3200 Denver, CO 80202 Attn: Ms. Johnson, Ground Engineering Consultants, Inc. (GROUND) is currently performing materials testing and special inspection services for the Englewood Police Headquarters Phase 2 Project based on the scope of work and fees outlined in the proposal, dated January 15, 2019. We have been requested to provide a change order for Structural Steel Inspections associated with the carport addition also the concrete, rebar and proof roll testing for the Elati Street patch. Certified Welding Inspector (3) 4 hour trips @ $75.00/HR $900.00 Engineering Technician (1) 4 hour trip @ $45.00/HR $180.00 o 6 Cylinders @ 14.00/EA. $84.00 Original Proposed Amount $20,593.00 October 10, 2019 Change Order Request #1 $2,660.00 December 11, 2019 Change Order Request #2 $1,164.00 Total Adjusted Contract Amount $24,417.00 Please provide a change order to our office for the requested amount. Contact our office with any questions or concerns regarding the information presented herein. Sincerely, Ground Engineering Consultants, Inc. Page 179 of 394 Contract Summary - Ground Engineering Base Contract Amount $68,218.00 Change Order No. 1 $20,593.00 $20,593.00 $88,811.00 Materials testing and inspection services for Phase II Change Order No. 2 $3,824.00 $24,417.00 $92,635.00 Additional concrete pavement testing-Elati St. & misc. ($2,660) & structural steel testing for carports ($1,164) Total $24,417.00 Change Order Amount Accumulated Total Change Order Amount Accumulated Total Contract Amount Description Page 180 of 394 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Maria D’Andrea Phone: 303-762-2506 Title: Director of Public Works Email: mdandrea@englewoodco.gov Vendor Contact Information Vendor Name: Ground Engineering Consultants, Inc. Vendor Contact: James Booze Vendor Address: 41 Inverness Drive E Vendor Phone: 303-991-9632 City: Englewood Vendor Email: james.booze@groundeng.com State: CO Zip Code: 80112 Contract Type Contract Type:Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☐Contract -- ☐Original ☐Copy ☒Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: 02/06/2018 End Date: 02/06/2020 Total Years of Term: 2 Total Amount of Contract for term (or estimated amount if based on item pricing): $92,371.00 If Amended: Original Amount $68,218.00 Amendment Amount $3,824.00 Total as Amended: $92,635.00 Renewal options available: n/a Payment terms (please describe terms or attach schedule if based on deliverables): Upon receipt of invoice submittal Attachments: ☐Copy of original Contract ☐Copies of related Contracts/Conveyances/Documents Police Headquarters Building materials testing and inspection services Page 181 of 394 Contract Approval Summary March 2019 Update Page | 2 Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☒Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☒RFP: ☐ RFP Evaluation Summary Attached ☐ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☐ Qualification Based Selection / Best Value* (Continue on Next Page): *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems 5.) Familiarization with the City of Englewood CAPITAL ONLY A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining -$ -$ C 2019-2020 34-1101-002 Construction 5,918,219.92$ 4,881,039.85$ 3,824.00$ 1,033,356.07$ -$ -$ -$ -$ Total by Fund - Current Year 5,918,219.92$ 4,881,039.85$ 3,824.00$ 1,033,356.07$ C -$ -$ -$ -$ O -$ -$ -$ -$ Total by Fund - Year Two -$ -$ -$ -$ Grand Total 5,918,219.92$ 4,881,039.85$ 3,824.00$ 1,033,356.07$ NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment - Prior Month Project Status and Fund Balance Report CAPITAL & OPERATING EXPENSE Page 182 of 394 A B C A+B+C D E D+E A+B+C-D-E Fund Bal.Budget New World Project Carry Fwd.2019 BUDGET Amend REVISED 2019 2019 TOTAL APPROP. Project Task #PROJECT End Date 12/31/2018 Approp.Amendments Notes BUDGET EXPEND.ENCUMB.EXP. AND ENC.BALANCE 34 1101 001 Police Building Administration Ongoing 239,531.62 - 167,499.47 407,031.09 240,672.17 166,358.92 407,031.09 - 34 1101 002 Police Building Construction Ongoing 4,234,362.75 1,683,857.17 5,918,219.92 4,881,039.85 1,037,180.07 5,918,219.92 - 34 1101 003 Police Building Tech & Equip Ongoing 704,397.53 129,061.61 833,459.14 651,018.07 170,833.07 821,851.14 11,608.00 34 1101 004 Police Building Furniture, Fixtures & Equip Ongoing 499,677.63 69,088.01 568,765.64 566,483.41 2,282.23 568,765.64 - 34 1101 005 Police Building Contingency Ongoing 519,388.71 3,026,625.23 (3,184,987.80) 361,026.14 - - - 361,026.14 34 1101 006 Police Armored Vehicle Ongoing (47,670.00) 67,159.77 3,953.06 23,442.83 23,442.83 - 23,442.83 - 34 1101 007 Fox Building Annex 2019 - 1,694,234.00 (300,000.00) 1,394,234.00 - - - 1,394,234.00 34 1101 008 Police Records Management System 2019 (79,470.94) 530,156.71 174,407.03 625,092.80 147,070.63 478,022.17 625,092.80 - 34 1101 009 Police Radio System 2019 (475,912.55) 504,382.10 120.45 28,590.00 22,895.00 5,695.00 28,590.00 - 34 1101 010 Other Police Equipment 2019 (69,654.00) 74,732.06 146,715.00 151,793.06 - - - 151,793.06 34 1101 011 Parking Lot Canopies & Equipment 2019 - - 749,236.00 749,236.00 - 749,236.00 34 1101 012 Jefferson Fire Station Sprinkler System 2019 - - 180,000.00 180,000.00 7,500.00 7,500.00 172,500.00 34 1101 013 Ballistic Film 2019 - - 181,050.00 181,050.00 - 181,050.00 TOTAL 5,524,650.75 5,897,289.87 (0.00) - 11,421,940.62 6,532,621.96 1,867,871.46 8,400,493.42 3,021,447.20 Distribution: 2019 Actual 2019 Est Remaining Expenditures (from above)8,400,493.42 K. Engels, Finance J. Nolan, Revenue Revenues: Net income (loss)(8,192,730.57) D. Hargrove, Library B. Power, CD Interest Income 207,762.85$ 207,762.85$ -$ Fund Balance - 1/1/18 11,421,940.62 D. Lee, Recreation B. Spada, Recreation Total revenues 207,762.85 207,762.85 - Plus: Remaining Revenue Balance - P. Weller, PW Less: Appropriation Balance (3,021,447.20) Less: Proj Bal Adj for Negative - Fund Balance - unappropriated 207,762.85$ POLICE HEADQUARTERS FUND PROJECT STATUS AND FUND BALANCE REPORT October 31, 2019 2019 ACTIVITY POLICE BLDG-19.xlsx 4:49 PM 11/25/2019Page 183 of 394 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dorothy Hargrove DEPARTMENT: City Manager's Office DATE: January 21, 2020 SUBJECT: Council Liaison Discussion DESCRIPTION: Council Liaison Discussion RECOMMENDATION: City Council will have the opportunity to discuss the assignments of Council liaison positions for the upcoming year, and assign members of council to those boards/commissions/committees. PREVIOUS COUNCIL ACTION: City Council discussed liaison assignments at the January 13 Workshop. The assignments agreed upon are listed in the attached spreadsheet. SUMMARY: The accompanying spreadsheet lists the various liaison assignments for boards, commissions and organizations on which members of the City Council have historically served. Those assignments left vacate by former Council members are indicated on the sheet attached to this agenda item. Council may also discuss changes to all existing positions due to Council member schedules and interests. Council members serve as liaisons between the city council and the committee for most of the boards, commissions, and committees, but serve no formal role on the group. Historically, the members of the City Council volunteer for 2 or 3 liaison positions each. There are several assignments that the Mayor is mandated to fill by Code or Charter. By selecting the Mayor the City Council selects the person who will fulfill these designated assignments. The City Council will need to select and approve by motion at a regular meeting appointments for those council/board/commission assignments for which the council members are full voting members of the group. ATTACHMENTS: 1. Council Liaison List - January 2020 Page 184 of 394 BOARDS & COMMISSIONS MEETSPAST LIAISON NotesAlliance for Commerce in Englewood 2nd Thursday at 11:30 a.m. Russell RussellArapahoe Cty Collaborative Transportation Forum NA Olson OlsonRussellBoard of Adjustment and AppealsNo liaison. No liaison. Quasi‐judicial.Budget Advisory 4th Tuesday at 5:15 p.m. Russell RussellWink SierraCML Policy Committee Various times throughout the year Wink WinkCode Enforcement Advisory Ad hoc basis determinted by Council or Chair Russell RussellSierraCultural Arts 1st Wednesday at 5:45 p.m. Open WinkDRCOG 1st Wednesday at 4:00 p.m. Olson Olson (Mayor Mandatory)3rd Wednesday at 6:30 p.m. Wink Wink (alternate)Englewood Housing Authority 1st Wednesday at 4:00 p.m. Open AndersonFirefighters Pension Board 2nd Thursday of Feb., May, Aug. & Nov. at 4:00 p.m. Olson Olson (Mayor mandatory)Historic Preservation Commission 3rd Wednesday at 6:30 p.m. Cuesta CuestaKeep Englewood Beautiful 2nd Tuesday at 5:30 p.m. Open AndersonMalley Center Trust Fund 4x/year, as needed Russell RussellNonEmergency Employees Retirement 2nd Tuesday of Feb., May, Aug. & Nov. at 4:00 p.m. Russell Russell (voting member)Page 185 of 394 Parks & Recreation 2nd Thursday at 5:30 p.m. SierraStonePlanning & Zoning No Liaison. No Liaison. Quasi‐judicial. Police & Fire Supplemental Disability As necessary Olson Olson (Mayor mandatory)Police Officers Pension Board 2nd Thursday of Feb., May, Aug. & Nov. at 2:30 p.m. Olson Olson (Mayor mandatory)Public Library Board 2nd Tuesday at 7:00 p.m. Cuesta CuestaTransportation Advisory 2nd Thursday in March, May, Sept., Nov. at 6:30 p.m. Open SierraUrban Renewal Authority 2nd Wednesday at 6:30 p.m. Open Stone (voting member)Water & Sewer 2nd Tuesday at 5:00 p.m. Olson Olson (Mayor mandatory)Wink Wink (voting member)Open Anderson (voting member)City/School Committee Quarterly Open SierraOpen StoneHospital Liaisons Quarterly Olson Olson Open SierraSouth Platte River Working Group 4th Thursday in Jan, March, May, July, Sept, Dec at 9:00Olson Wink Tri Cities Homelessness Policy Group 2nd Thursday at 7:30 a.m. Olson Olson (Mayor Mandatory)Page 186 of 394 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Nancy Wenig DEPARTMENT: Police DATE: January 21, 2020 SUBJECT: VOCA Grant DESCRIPTION: VOCA Grant RECOMMENDATION: The Police Department requests permission to apply for the Victims of Crime Act (VOCA) Grant, which would fund a Part-Time Victim Advocate. PREVIOUS COUNCIL ACTION: Englewood City Council authorized the Englewood Police Department to apply for funding under the CVS Grants Program to be used for funding a part time Victim Advocate by the passage of Resolution No. 13, Series of 2018. The Grant was awarded for 2019 and 2020 to fund a Part- Time Victim Advocate. SUMMARY: Englewood Victim Assistance provides direct services to victims of crime and traumatic events. Advocates respond to assist victims with their emotional and physical needs, aid in the criminal justice process, and provide referrals to community agencies to help bridge the gap and allow recovery from crime. Advocates implement Rights afforded to crime victims pursuant to s ection 24-4.1-302.5 of the Colorado Revised Statutes. The Police Department has historically employed two full-time Advocates to meet this need. One Advocate works in the Municipal Court to provide services to victims of domestic violence. That position utilizes Victims in Law Enforcement (VALE) Grant funding for approximately 30% of the salary. Over the past several years, Victim Assistance has experienced a decline in our volunteer force, an increased call load, and an increase in felonious assaults. Due to these factors, we require more staffing to meet the need of the community and to remain compliant with the Victim Rights Act. The acceptance of the VOCA Grant would allow the hiring of a part-time Advocate to meet the needs of the community. The part-time Advocate would work some nights and weekends to provide professional and compassionate Advocacy in the place of some volunteer hours. FINANCIAL IMPLICATIONS: The Englewood Police Department grant application will request $50,850 in grant funds with a required in-kind City match of $15,950 for the two year period. The in kind match will come from on-call volunteer hours valued at a rate of $10.00 per hour. Englewood’s share has been budgeted under the volunteer pay hours. Page 187 of 394 1 RESOLUTION NO. _____ SERIES OF 2020 A RESOLUTION SUPPORTING THE CITY OF ENGLEWOOD’S POLICE DEPARTMENT GRANT APPLICATION FOR CRIME VICTIM SERVICES (CVS) GRANT FUNDS FOR A PART TIME VICTIM ADVOCATE WHEREAS, the Colorado Division of Criminal Justice Office of Victims Programs provides grant program funds for projects that provide crime victim services; WHEREAS, the grant funds assist local law enforcement agencies to provide grant funded victim advocate personnel; WHEREAS, over the last several years the Englewood Police Department has seen an increase in the call for service have increased which translates to an increase need for services to victims of crime; WHEREAS, with the increase in crime victim services, the Englewood Police Department has experienced a decrease in the number of volunteer crime victim advocates; WHEREAS, the Englewood City Council authorized the 2018 VOCA Grant application by the passage of Resolution No. 13, Series 2018; WHEREAS, the Englewood City Council authorized the acceptance of the VOCA Grant by the passage of Ordinance No. 34, Series of 2018; WHEREAS, the grant funds will assist the Englewood Police Department in hiring a part- time victim advocate, for 2021 and 2022; WHEREAS, there are no federal funds being used for the funding the position of a part-time victim advocate; WHEREAS, the Englewood Police Department grant application will request $50,850 in grant funds with a required in-kind City match of $15,950 for the two year period. The in kind match will come from on-call volunteer hours valued at a rate of $10.00 per hour. Englewood’s share has been budgeted under the volunteer pay hours. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council for the City of Englewood, Colorado, hereby authorizes the application for a Crime Victim Services Grant to hire a part-time victim advocate for the next two years, attached hereto as Exhibit A. Page 188 of 394 2 ADOPTED AND APPROVED this 21st day of January, 2020. : Linda Olson, Mayor ATTEST __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2020. _____________________________ Stephanie Carlile, City Clerk Page 189 of 394 EXHIBIT D - STATEMENT OF WORK Applicant Agency: Englewood Police Department Project Title: Victim Advocate Project Description: Describe the project, staff and services you plan to provide with these grant funds. See instructions for further information. Page 190 of 394 The Englewood Police Department is a small agency within the larger Denver Metropolitan area. We are a home rule municipality and have a Municipal Court that also has a domestic violence program similar to a Fast Track program where victims of domestic violence experience the criminal justice process. Our community has a lower level of education than the surrounding counties as well as a higher level of poverty and homelessness. Compared to our neighboring cities, calls for service are higher and more people are victims of crime. Englewood Police Victim Assistance has historically employed two full time Advocates to provide services to victims of crime. We have also maintained a volunteer force ranging from 8 to 11 people on average. Calls for services have increased and our volunteer pool has declined. Englewood is also a community in transition. We have recently added 6 new apartment complexes that will add approximately 1200 people to our population. At this time, the Victim Assistance Unit would like to add a part-time Advocate to assist with the increase in call load and to provide more in-depth services to victims of crime who interact with the Englewood Police Department. Englewood Victim Assistance has two full time staff members, both who have been with the Department for a long time, are highly trained and experienced, and who are committed to victims of crime. At times, we have had had interns to help us provide in-depth services to victims in our community. During the regular work day, the two full- time Advocates are generally able to respond to needs of victims. The Victim Assistance Unit runs extremely well during the day time hours; however, crime does not occur from 8:00am to 5:00pm. We have identified a gap in service that can be filled with a part-time Advocate and fill-in from our current volunteers. We have had difficulty maintaining volunteers over the last 10 years and getting shifts covered on nights and weekends has become problematic. We have relied on neighboring agencies to cover some of the on-call hours. This has been a wonderful help, but it does not allow for continuity of services for victims. At times, we don't receive reports from the on-call Advocates and victims may need to repeat their stories or start over with a new Advocate. Hiring a part time Advocate would provide victims with compassionate and professional advocacy over the weekend and some nights. We have also experienced a higher rate of felonious assaults, sexual assault, and domestic violence. These cases require more in-depth and personal advocacy, which takes time and dedication. The project would aim to hire a part-time Advocate who would work some nights and weekend hours. Calls for service increase on Friday and Saturday during our swing-shift and the Advocate would work these hours as well as a week day so that the Advocate can make referrals to community agencies and provide follow-up assistance to victims. The Advocate would provide crisis intervention to victims on scene or over the phone as well as provide information on the Rights under the Victim Rights Act. The Advocate would attempt to help the victim recover from the crime through support, information on Victim Compensation, resources, information on the criminal justice process, and assuring safety of the victim. Providing professional advocacy during nights and weekends will provide continuity of care for victims. The Advocate would respond to crimes that fall under the Victim Rights Act and assist with felonious crimes, sexual assault, domestic violence, crimes against children, elder abuse, vehicular assaults or homicides, homicides, and other incidents that would result in trauma. The Advocate will increase the response to after hours on-call by 80% and will respond within 30 minutes to the scene. During the day time hours, response expectations are 10 minutes. Victims will indicate an increased understanding of the criminal justice process. Advocates will participate in 4 SART team meetings per year to network and learn best practices for victims of crime. Advocates will also attend the Colorado Organization for Victim Assistance Conference to network and broaden skills and stay up to date with best practices. The Victim Assistance Unit will provide a response to approximately 1,000 victims of crime per year. With the additional Advocate, we would like to increase service to 200 more victims per year. The Advocate will be part of the Victim Assistance Team that will provide direct services to victims under the Victim Rights Act C.R.S. 24-4.1-302.5. Victims of crime will be informed of their Rights, they will be supported during their interactions with Law Enforcement, they will be provided the case number, contact information for the Detective or Court that is hearing the case, appropriate Community Agency referrals, referral to Victim Compensation, Safety planning, immediate physical needs will be met, they will be treated with fairness, dignity, and respect, and all aspects of the statue will be met through personal interaction with the Advocate. We are mandated by the Victim Rights Act and it is also the mission of the Englewood Police Department and the Victim Assistance Unit to treat all victims with fairness, dignity, and respect. We also strive to assist victims with their recovery from crime. Victims of crime recover better from trauma if they receive compassionate and professional services as soon as available. In adding another Advocate, we will be able to provide more timely and in-depth Advocacy to the victims in our community. Page 191 of 394 Page 192 of 394 Project Purpose Area: Victims Services Complete these data grids only if your project will provide DIRECT victim services. Provide only the number of victims (primary and secondary) who will receive services from Crime Victim Services (CVS) grant-funded personnel during each of the 24-month periods in the tables below. Types of Crimes Estimated Numbers of Victims Adult Physical Assault 100 Adult Sexual Assault 15 Adults Sexually Abused/Assaulted as Children Arson 3 Bullying (Verbal, Cyber or Physical)10 Burglary 135 Child Physical Abuse or Neglect 35 Child Pornography Child Sexual Abuse/Assault 20 Domestic and/or Family Violence 133 DUI/DWI Incidents 10 Elder Abuse or Neglect 15 Hate Crime: Racial/Religious/Gender/Sexual Orientation/Other Human Trafficking: Labor Human Trafficking: Sex Identity Theft/Fraud/Financial Crime Kidnapping (noncustodial) Kidnapping (custodial) Mass Violence (domestic/international) Other Vehicular Victimization (e.g. Hit & Run) Robbery 20 Stalking/Harassment 4 Survivors of Homicide Victims 10 Teen Dating Violence 10 Terrorism (domestic/international) Other: please explain UNDUPLICATED TOTAL 520 Page 193 of 394 Types of Services Estimated Numbers of Victims Information & Referral Services Information about the criminal justice process 520 Information about victim rights, how to obtain notifications, etc.520 Referral to other victim service programs 500 Referral to other services, supports & resources (legal, medical, faith- based, address confidentiality, etc.) 500 Personal Advocacy/Accompaniment Services Victim advocacy/accompaniment to emergency medical care 50 Victim advocacy/accompaniment to medical forensic exam 15 Law enforcement interview advocacy/accompaniment 50 Individual advocacy (assistance in applying for public benefits, return of personal property or effects) 50 Performance of medical forensic exam or interview, or medical evidence collection 0 Immigration assistance (e.g. special visas, continued presence application, and other immigration relief) 10 Intervention with employer, creditor, landlord or academic institution 25 Child or dependent care assistance (includes coordination of services)15 Transportation assistance (includes coordination of services)50 Interpreter services 10 Emotional Support or Safety Services Crisis intervention (in-person, includes safety planning, etc.)500 Hotline/crisis line counseling 200 On-scene crisis response 425 Individual counseling 0 Support groups (facilitated or peer)0 Other therapy (traditional, cultural or alternative healing; art, writing or play therapy, etc.) 0 Emergency financial assistance 200 Shelter/Housing Services Emergency shelter or safe house 0 Transitional housing 0 Relocation assistance (includes assistance with obtaining housing)0 Criminal/Civil Justice System Assistance Services Notification of criminal events 500 Victim impact statement assistance 200 Assistance with restitution (includes assistance in requesting and when collection efforts are not successful) 200 Civil legal assistance in obtaining protection or restraining order 200 Civil legal assistance with family law issues (custody, visitation or support) 50 Other emergency justice-related assistance 50 Immigration assistance (e.g. special visas, continued presence application, and other immigration relief) 0 Prosecution interview advocacy/accompaniment (includes accompaniment with prosecuting attorney and victim/witness) 50 Law enforcement interview advocacy/accompaniment 50 Criminal advocacy/accompaniment 75 Page 194 of 394 Project Purpose Area: Law Enforcement Complete this section if you are requesting funds for a Law Enforcement Officer or Investigator who will handle domestic violence, sexual assault, stalking, and/or dating violence cases /incidents for victims age 11 and older (including secondary victims of these crimes). These are the only positions/types of crime that can be funded with these grant dollars. If you apply for funds in this category, remember to complete the question regarding which nonprofit victim services agencies you consulted with in developing your application. Estimate below the number of cases/incidents that will be handled by grant funded personnel during each year of the grant period. Type of Crime Estimated # of Cases/Incidents Calls for Assistance (911 & other) Incident Reports Cases/Incidents Investigated Arrests Dual Arrests Protection/Ex Parte/Temporary Restraining Orders Served Arrests for Violation of Bail Bond Enforcement of Warrants Arrests for Violation of Protection Orders Protection Orders Issues Referrals of Cases to Prosecutor Referrals of Federal Firearms Charges to Federal Prosecutor Forensic Medical Evidence TOTAL Other legal advice and/or counsel Crime Victim Compensation Assistance with Victim Compensation 500 Page 195 of 394 Project Purpose Area: Prosecution Complete this section if you are requesting funds for a Prosecutor or Investigator who will handle domestic violence, sexual assault, stalking, and/or dating violence cases/incidents for victims age 11 and older (including secondary victims of these crimes). These are the only positions/types of crime that can be funded with these grant dollars. If you apply for funds in this category, remember to complete the question regarding which nonprofit victim services agencies you consulted with in developing your application. Estimate below the number of cases/incidents that will be handled by grant funded personnel during each year of the grant period. Type of Crime Estimated # of Cases/Incidents Misdemeanor Sexual Assault Felony Sexual Assault Homicide Related to Sexual Assault, Domestic Violence or Stalking Domestic Violence/Dating Violence Ordinance Misdemeanor Domestic Violence/Dating Violence Felony Domestic Violence/Dating Violence Stalking Ordinance Misdemeanor Stalking Felony Stalking Violation of Protective Order Violation of Bail Violation of Probation or Parole Violation of Other Court Order TOTAL Page 196 of 394 Project Purpose Area: Training Complete this section only if you are requesting funds for a FORMAL training project to train professionals/volunteers, primarily outside your agency, who work directly with victims. There are only two eligible categories of training activities that can be paid for with these grant funds: Training on domestic violence, sexual assault, stalking, and dating violence or; Statewide or multijurisdictional training pertaining to victim assistance. NOTE: This section should not be used to indicate the people who will be trained at outreach trainings/community presentations about your program or to in house staff/volunteer training. People Trained Estimated # of People Trained Advocacy Organization Staff (NAACP, AARP) Attorneys/Law Students (Non Prosecutors) Batterer Intervention Program Staff Correction Personnel (probation, parole, and correctional facilities) Court Personnel (judges, clerks) Disability Organization Staff (non-governmental) Educators (teachers, administrators) Elder Organization Staff (non-governmental) Faith-based Organization Staff Government Agency Staff (vocational rehabilitation, food stamps, TANF) Health Professionals (doctors, nurses – not including SANE or SAFE’s) Immigrant Organization Staff (non-governmental) Law Enforcement Officers Legal Services Staff (not including attorneys) Mental Health Professionals Military Command Staff Multidisciplinary Group Prosecutors Sex Offender Treatment Providers Sexual Assault Nurse/Forensic Examiners Social Service Organization Staff (food bank, homeless shelter) Substance Abuse Organization Staff Supervised Visitation and Exchange Center Staff Translators/Interpreters Tribal Government/Tribal Government Agency Victim Advocates (non-governmental, includes sexual assault, domestic violence and dual) Victim Assistants (governmental, includes victim witness specialists/coordinators) Volunteers Other UNDUPLICATED TOTAL Page 197 of 394 Project Purpose Area: System Improvement Check items in this section only if one of the primary purposes of your grant-funded project is to improve a community’s or a system’s (e.g. criminal justice system) response to victims of crime. Check only those system improvement areas that describe the type of activities and services for which you are requesting grant funds. Specialized Units Policies, Protocols, Orders Multidisciplinary Coordinated Response to Domestic Violence Multidisciplinary Coordinated Response to Sexual Assault Multidisciplinary Coordinated Response (non DV/SA crimes) Statewide/Multijurisdictional formal & informal multidisciplinary efforts Data Collection & Communication Systems Model project that can demonstrate success and a plan for statewide replication Coordinating meetings between tribal and nontribal entities Other (please describe) Page 198 of 394 Project Specific Goals and Objectives: Applicants are limited to four goals and no more than three objectives for each goal. Objectives must be measurable and related to the personnel/consultants requested in the grant and any match personnel. Do not repeat services you have already addressed in the project purpose area grids. Please use 8 point font inside the boxes. Goal 1: The Advocate will provide direct services to meet the needs of crime victims in Englewood Objective/Position Title Responsible Intended Outcome/Impact Data Collection Timeframe 1.1 The part-time advocate will provide on- scene crisis intervention to 300 crime victims Victims will report that they feel informed of their rights and resources that may assist them Staff notes/callout logs and victim report During the 24 month Grant cycle 1.2 The part-time advocate will assist 100 victims of domestic violence through the Englewood Municipal Court Victims will participate in the criminal justice process with support, knowledge, and access to services Staff documentation and court notes During the 24 month Grant cycle 1.3 The part-time advocate will assist 200 crime victims by phone for case updates, information on critical stages, and on-going support and provide Victim Rights notifications. Victims will feel supported as the case moves through the criminal justice system. Staff documentation During the 24 month Grant cycle Goal 2: The Advocate will provide support to Victims and encourage financial and emotional recovery through appropriate referrals Objective/Position Title Responsible Intended Outcome/Impact Data Collection Timeframe 2.1 The part-time advocate will assist 350 crime victims with the application for Victim Compensation Victims will have access to financial resources to aid in recovery Staff documentation and Victim Compensation Applications received. During the 24 month Grant cycle Page 199 of 394 2.2 The part-time advocate will make 200 referrals to community based financial resources to assist victims in recovery through payment of rent, cell phone bills, prescriptions, and travel. Victims will recover faster when immediate needs are met through referral to community agencies Staff documentation During the 24 month Grant cycle 2.3 Goal 3: The Advocate will maintain best practices by networking and participating in community task force meetings Objective/Position Title Responsible Intended Outcome/Impact Data Collection Timeframe 3.1 The part-time advocate will attend 6 Sexual Assault Response Team meetings. The Advocate will network with those working to end sexual assault and learn best practices to better serve victims Staff documentation During the 24 month Grant cycle 3.2 The part-time advocate will attend 8 Englewood Schools interagency team meetings The Advocate will network with the school counselors and others on the team to best assist victims of crime from Englewood Schools Staff documentation During the 24 month Grant cycle 3.3 The part-time advocate will participate in 12 Multidisciplinary Team meetings with Arapahoe County Human Services. The Advocate will network with caseworkers from Human Services in order to provide appropriate victim advocacy and services such as Victim Compensation. More victims will access Victim Compensation Staff notes and Human Services documentation During the 24 month Grant cycle Goal 4: Page 200 of 394 Objective/Position Title Responsible Intended Outcome/Impact Data Collection Timeframe 4.1 4.2 4.3 Page 201 of 394 Overall Project Evaluation: Describe the approach for evaluating the project in response to the stated objectives, intended outcomes/impact and data collection. See instructions for further information. The project will have met its goals and objectives by increasing services to victims of crime and providing all victims with ongoing support during the criminal justice process. The project will have provided all victims with information on their Rights as well as referrals to resources that may assist victims with recovery. Our goal is to provide safety and support for victims as well as to educate victims of the Court process and services available. One measure of success is the rate of acceptance of Victim Compensation applications for counseling. We constantly encourage victims to participate in counseling. We hope our efforts to encourage counseling for victims will help them recover. The program also refers victims to community resources to aid with financial recovery. In particular, we refer frequently to Catholic Charites and Integrated Community Family Services (IFCS) to assist those fleeing violence with financial assistance for various financial needs, such as rent, cell phone replacement, bus tickets, and moving expenses. This project success will also be measured by the amount of services provided to victims. We hope to provide services to 200 more victims per year and to close the gap in services that exists on some nights and weekends. The project will be successful if we can maintain coverage for the after-hours calls with the new part-time Advocate and the volunteers. Victims will receive professional and compassionate Advocacy from the program and they will have knowledge of their Rights, feel supported, and receive appropriate referrals for assistance in recovery. The project will also be successful through community networking and participation in Multi-Disciplinary Teams and training. To evaluate the program’s success, we aim to: Provide direct services to 200 more victims per year; To provide crisis intervention to 300 victims on-scene; To assist 350 victims with applications for Victim Compensation; To provide 200 victims with case updates and support through the criminal justice process; To assist 100 victims through the Englewood Municipal Court process; To provide 200 victims with referrals to community based assistance; To participate in Multi-Disciplinary teams to further knowledge and networking; and to provide continuous coverage for Victim Assistance through volunteers and the new part-time Advocate. Page 202 of 394 ANNOUNCEMENT FOR CY 2021 & CY 2022 CRIME VICTIM SERVICES (CVS) GRANT PROGRAM FUNDS DESCRIPTION The Office for Victims Programs (OVP), a unit of the Division of Criminal Justice within the Colorado Department of Public Safety, announces the estimated availability of approximately $74.2 million (total announced is the amount available for 2 years) in Crime Victim Services (CVS) Grant Funds. The sources and estimated amount of funds to be allocated are: $67 million from the federal Victims of Crime Act (VOCA) Program - a minimum of ten percent (10%) must be allocated to each of the following categories: ● Child Abuse (Physical or Sexual) ● Domestic and Family Violence ● Sexual Assault (Child or Adult) ● Underserved Victims of Violent Crime (type of crime or demographic characteristics) $3.3 million from the federal Violence Against Women Act (VAWA) Program ● $ 805,000 For Prosecution Projects ● $ 847,000 For Law Enforcement Projects ● $ 162,000 For Court Projects (Pass-through non-competitive funding) ● $ 998,000 For Direct Victim Service Projects ● $ 488,000 For Discretionary Projects ($120,935 of which could be used for prevention projects) $900,000 from the federal Sexual Assault Services Program (SASP) Program $3 million in State Victim Assistance and Law Enforcement Funds (State VALE) All applications must be received by 11:59 p.m., February 18, 2020 in the ZoomGrants. Staff will not be available after 5:00 p.m. on February 18, 2020 to answer questions or provide technical assistance. In addition, Monday, February 17, 2020 is President’s Day, and staff will not be available on that day to answer questions or provide technical assistance. Crime Victim Services Grant Funds The Office for Victims Programs is committed to the physical and emotional recovery of crime victims and to the restoration of victims' confidence in the criminal justice system. This Announcement describes a consolidated funding process to distribute Crime Victim Services (CVS) Grant funds from four grant sources – federal Victims of Crime Act (VOCA), federal Violence Against Women Act (VAWA), federal Sexual Assault Services Grant Program (SASP) and State Victim Assistance and Law Enforcement (State VALE) funds for a single grant award period. Funds will be allocated in accordance with state and federal requirements and the intended uses of the four grant programs. Funding recommendations made by the Crime Victim Services Advisory Board will be for two years (calendar years 2021 and 2022). Grant application information should reflect a two-year grant period. The next CVS application Page 203 of 394 process will occur in early 2022 for grants in 2023 and 2024. Financial obligations of the State of Colorado are contingent upon funds being appropriated, budgeted, and otherwise made available. Please note, as the state administering agency for these grant funds, OVP has the option to exercise additional restrictions. NOTE: VOCA funds, which have increased dramatically since 2015, will very likely be reduced in the near future based on the federal cap and the level of federal collections (potentially affecting awards in the 2023 & 2024 grant period). While the exact amount of future VOCA funds is not known at the time of this announcement, agencies are advised to start thinking about the impact of reduced funding. Application Process NEW for the 2020 Application: Applicants will apply to a specific funding source (VOCA, VAWA, SASP, and/or State VALE), rather than completing a generic application. The application contains logic that uses the information the applicant provides (e.g. type of project) to guide applicants to the appropriate funding source(s) and related application questions. Applicants must use Adobe Pro or the latest free version of Adobe Reader to complete the application. Important information on this technical requirement can be found in the instructions and here. Even though the application contains logic to help guide applicants to the appropriate funding source, applicants should review the requirements of each of the funding sources to determine which one is appropriate for their proposed project. For a complete summary of specific federal and state funding requirements, match requirements, purpose areas, priorities, and eligible services, refer to the Appendix of the Application Instructions on the OVP website at http://www.colorado.gov/pacific/dcj/cvs-funds. The Application Instructions may also be found in ZoomGrants under the “Library” tab. NOTE: Most applicants will submit just one application, however, applicants will need to complete more than one application if they are applying to two or more funding sources for separate, distinct projects (such as a specialized prosecutor devoted to prosecuting domestic violence/sexual assault cases and a victim services project serving all crime victims within a district attorney’s office). Applicants that are considering submitting more than one application should contact OVP before doing so to ensure that separate applications are appropriate. Program Schedule Applications must be uploaded into ZoomGrants by 11:59 p.m. on February 18, 2020. Staff will not be available to answer questions after 5:00 p.m. on this day. Grant Application workshops (including one webinar) will take place from January 16, 2020 – February 6, 2020. A list of grant application workshop dates and locations is available on our website at https://www.colorado.gov/pacific/dcj/cvs-funds. The CVS Advisory Board will meet in the summer of 2020 to make preliminary funding recommendations. Denied applicants will be notified in mid-late July and will have the option Page 204 of 394 to request a reconsideration of the Board's decision if they meet the reconsideration criteria as outlined in the denial letter. The reconsideration meeting will be held in late Summer 2020. Final award decision letters will be emailed in late August. For funded projects, award documents will be made available in October. The deadline for grant agreements to be returned to OVP is November 2020. ELIGIBILITY CRITERIA Eligible Applicants Eligible applicants include: units of local government, criminal justice agencies, departments of state government, non-governmental non-profit victim services agencies, tribal governments, statewide crime victim services coalitions, and non-profit agencies that enhance or improve crime victim services. In order to be eligible for these funds, agencies must have a DUNS (Data Universal Numbering System) number and must obtain and maintain a current registration in the SAM (System for Award Management). Agency Requirements All applicants must demonstrate in their application that they have the ability to meet the requirements of at least one of the funding sources. A list of these requirements is included in the Appendix of the Application Instructions by funding source; please review these requirements to ensure your agency is able to meet them. In addition, ALL agencies must meet the following organizational requirements: ● Capacity: Applicants must demonstrate that the agency and staff have the ability, expertise, and experience necessary to effectively provide the proposed services and administer the project. ● Non-Supplanting: CVS grant funds must be used to supplement existing State and local funds for program activities and must not supplant (replace) those funds that have been appropriated for the same purpose. ● Sound Financial Management: Each applicant is required to meet federal and state requirements for managing CVS grant funds as they appear in the application or required attachments. Applicants should be able to demonstrate substantial financial support from other sources. ● Ability to comply with CVS programmatic and financial reporting requirements. Grantees will be required to complete and submit programmatic and financial reports on a quarterly basis. ● Colorado Victim Rights Act: CVS grant-funded agencies must assure that all staff and volunteers have read and understand the Colorado Victim Rights Act and enabling legislation (C.R.S. 24-4.1.301 et seq). ● No Charge to Crime Victims for CVS Funded Projects/Services: CVS grant-funded projects must provide services to crime victims, at no charge. ● Confidentiality and Personally Identifying Information: CVS grant-funded agencies must comply with applicable laws, regulations, special conditions, grant requirements, etc. regarding confidentiality and/or personally identifying information. Page 205 of 394 REVIEW CRITERIA Funding Philosophy The funding philosophy of the Crime Victim Services Advisory Board is: to allocate state and federal grant funds across all judicial districts in Colorado through an objective, criteria- based process involving statewide, multidisciplinary reviewers, victims and survivors of crime, and representatives of underserved populations, in accordance with state and federal requirements and intended uses of the funds. Criteria for Review of Applications Applications are reviewed based on a set list of criteria by OVP staff and members of the Crime Victim Services Advisory Board, which serves in an advisory capacity to DCJ. Review Criteria (in order of importance): ● Eligibility: The project meets the eligibility criteria of at least one of the four funding sources administered by OVP. ● Organizational Capacity: The applicant is qualified to implement the proposed project as evidenced in the agency description & qualifications; past performance as a grantee; and completeness and accuracy of the application, including attachments. ● Need: The applicant has demonstrated the community’s need for the project as evidenced in the application. ● Core Services: The project provides core services for crime victims, defined as those services essential to ensuring a victim’s health and safety. ● Underserved Population(s): The project actively addresses the needs of underserved populations. Underserved populations include individuals who by virtue of language, ethnicity, race, culture, disability, age, sexual orientation, religion, gender, gender identity, immigrant or alienage status or geographic location may face barriers in accessing and using victim services. ● Location: Consideration of statewide distribution of CVS funds and the extent to which the proposed victim services are available and/or funded in the geographic region. ● Demonstrated Impact: The project involves an evidence-based and/or evidence- informed practice (e.g. impact of intended strategy has been validated) or involves a comprehensive evaluation component. ● Innovation: The project involves an innovative service delivery model that has not previously been implemented in Colorado. ● Reviewer knowledge: Consideration of reviewer knowledge of the applicant’s performance within the community, including knowledge of quality service provision or innovative practices employed by applicant agency; or knowledge of lack of quality service provision by applicant agency (could include lack of collaboration, organizational instability that is affecting service delivery, or other similar issue(s)). ● Replicability: The project involves a service delivery model that could potentially provide a guide or toolkit for other programs to use when addressing a similar issue/need. Additional Review Criteria for State VALE Applications ● The extent to which the application demonstrates a benefit to the provision of victim services for the entire state or the majority of judicial district. Page 206 of 394 ●The extent to which the project addresses an identified statewide need or deficiency. ●Victim service projects that may be considered ineligible for other CVS funding sources. Additional Review Criteria for S.T.O.P. VAWA Applications ●The extent to which the application is in alignment with S.T.O.P. VAWA Implementation Plan. ●The extent to which the application is in compliance with the required categories and percentages Refer to the Description section of this Announcement. Rejection of Proposals: The State of Colorado reserves the right to reject any or all proposals, to waive informalities and minor irregularities in proposals received, and to accept any portion of a proposal or all items proposed, if deemed in the best interest of the State of Colorado to do so. Failure of the applicant to provide information requested in the application shall be the responsibility of the applicant agency, and may result in disqualification of the applicant. The fact that an applicant meets the eligibility requirements and applies for eligible services, does not guarantee funding. CVS funding sources are limited and some proposals may not be awarded due to lack of available funds. ADDITIONAL CRITERIA/INFORMATION Award Period The award period for grants funded under this announcement is January 1, 2021 – December 31, 2022. Agencies will receive one grant agreement per award for this two year grant period. Information provided in the application should be based on a 24-month grant period. Allowable/Unallowable Costs Common Allowable Costs: Personnel providing eligible services, operating costs associated with eligible services, eligible services skills training, supervision of project-related staff and activities, well-justified travel, and professional services/consultants providing eligible services, supplies, and equipment. Common Unallowable Costs and Activities: Lobbying, fundraising, most food and refreshments, most Victim Compensation eligible costs, most medical costs other than SANE exams and those listed in the VOCA Assistance rule, property loss, and inherently religious activities. Please refer to the Appendix in the Application Instructions located on the OVP website at: https://www.colorado.gov/pacific/dcj/cvs-funds for specific allowable and unallowable costs for each grant funding source, which may apply to your specific project. The Application Instructions are also available in ZoomGrants under the “Library” tab. Program Website The Announcement, Application, Application Instructions, and other resources are available in ZoomGrants under the “Library” tab in ZoomGrants at https://www.zoomgrants.com/zgf/CVS2122 and on the OVP website at: Page 207 of 394 https://www.colorado.gov/pacific/dcj/cvs-funds under the header CY 2021 & CY 2022 Crime Victim Services (CVS) Grant Program Funds. Contact Information Grant application questions: To assist potential applicants, we have created Application Instructions and FAQs that are available on our website at https://www.colorado.gov/pacific/dcj/cvs-funds. Please review these documents for the answers to many of your questions. If after reviewing them you still have questions, please contact OVP at cvsgrants@state.co.us, 303-239-5719 or toll-free at 1-888-282-1080. Help with Narratives, Goals & Objectives, Budgets, etc.: Because OVP has to provide equal access to all applicants, we are unable to provide specific advice on how to write your application. However, OVP will be using contractors to provide technical assistance to applicants in writing their application. These resources are available from January 7, 2020 to February 14, 2020 (*Please note that questions to the Helpline must be submitted no later than 5:00 p.m. on February 13, 2020 to allow sufficient response time). Questions should be submitted via email to cvsgrantshelpline@gmail.com. The contractor(s) are available to help applicants with questions ranging from how to write good goals and objectives to how to create a budget and write a budget narrative and justification. Please allow 24 hours for a response. ZoomGrants: Applicants must have or create a ZoomGrants Account to apply. ● If you already have a ZoomGrants account, click here to access the QuickStart Guide for Existing Grantees. ● If you do not have a ZoomGrants account, click here to access the QuickStart Guide for New Agencies. ● If you have questions about ZoomGrants, contact the Customer Support Coordinator at 303-239-5830 or via email at DCJGMS@state.co.us. Page 208 of 394 Crime Victim Services Funding Opportunity APPLICATION INSTRUCTIONS Released: January 6, 2020 Grant Period: January 1, 2021 to December 31, 2022 Applicants must upload the Application and all required attachments into ZoomGrants and submit no later than 11:59 p.m. on February 18, 2020. Late Applications will not be accepted. Please read the Announcement for CY 2021 & CY 2022 Crime Victim Services (CVS) Grant Program Funds prior to completing the Application. Colorado Department of Public Safety Division of Criminal Justice Office for Victims Programs For more information, contact: Office for Victims Programs Office: 303.239.5719 Fax: 303.239.5743 Email: cvsgrants@state.co.us Toll Free: 1.888.282.1080 Website: https://www.colorado.gov/pacific/dcj/cvs-funds ZoomGrants: https://www.zoomgrants.com/zgf/CVS2122 Page 209 of 394 READ THIS BEFORE MOVING FORWARD HOW TO DOWNLOAD THE APPLICATION Use Adobe Pro or download the latest free version of Adobe Reader by visiting https://get.adobe.com/reader/. You may receive the following error message when opening the Application regardless of what version of Adobe Reader you have. Download and save the form to your computer, then close and reopen the Application from the saved location. If issues persist, double check that you have downloaded the latest version of Adobe Reader. After downloading the latest version, you may need to restart your computer. For a step by step video on how to download the Application, visit: https://www.youtube.com/watch?v=_1x57uYE-2s&t=2s. Page 210 of 394 TABLE OF CONTENTS *To be redirected to a specific section of the Application Instructions, click the linked text within the Table of Contents. Read the Announcement and use the Application Instructions as a guide while completing the Application. Page: Section: Introduction Important Information & Troubleshooting Application Instructions Funding Source Specific Instructions •S.T.O.P. VAWA-Specific Instructions •State VALE-Specific Instructions •VOCA-Specific Instructions •SASP-Specific Instructions Attachments Uploading & Submitting in ZoomGrants Appendix •Funding Philosophy •Organizational Requirements •Eligibility Guidelines and Allowable Activities by Funding Source o S.T.O.P. Violence Against Women Act (S.T.O.P. VAWA) o State Victims Assistance and Law Enforcement (State VALE) o Victims of Crime Act (VOCA Assistance) o Sexual Assault Services Program (SASP) •Definitions of Crime Types 1 3 7 9 10 18 24 31 36 38 39 40 42 43 44 49 50 58 59 Page 211 of 394 INTRODUCTION The Office for Victims Programs (OVP) is a unit within the Division of Criminal Justice (DCJ) at the Colorado Department of Public Safety. The OVP is responsible for administering several federal and state grant programs that are designed to provide services to victims of crime and to coordinate and integrate law enforcement, prosecution, judicial efforts, and victim services in response to crimes. The Crime Victim Services Advisory Board (CVSAB) has the responsibility of making funding recommendations for the following grant programs: S.T.O.P. Violence Against Women Act (S.T.O.P. VAWA), Victims of Crime Act (VOCA), State Victim Assistance and Law Enforcement (State VALE) Program, and Sexual Assault Services Program (SASP). This consolidation of the application process for the four funding sources was initiated as part of a comprehensive funding strategy, with the goal of sustaining a quality infrastructure of victim services and system improvements throughout Colorado, while providing a more efficient application process. Funding recommendations made by the CVSAB will be for two years (calendar years 2021 & 2022). Specific information about the CVSAB’s Funding Philosophy and each funding source has been summarized for you to create an awareness of the requirements that have to be met when funding recommendations are made by the CVSAB. We have included links, where available, to the federal websites that list the requirements of each funding source in detail. This information is available in the Appendix of this document. Applicants should review this information to become familiar with basic information about eligible agencies and activities for the funding sources. Different than previous years, applicants will apply to a specific funding source (S.T.O.P. VAWA, State VALE, VOCA, and/or SASP), rather than completing a generic application. The Application performs calculations and contains logic, based on the information provided, to guide applicants to the appropriate funding source(s) and related application questions. While applicants will write their application for a specific funding source, OVP and the CVSAB retain the right to determine which funding an awarded project will receive in order to best meet the requirements of each funding source (i.e. an applicant may apply to VOCA, but OVP staff may decide to use S.T.O.P. VAWA funds to fund the project, if awarded, based on a federal requirement or need). Most applicants will submit just one application, however, applicants will need to complete more than one application if applying to two or more funding sources for separate, distinct projects (such as a specialized prosecutor devoted to prosecuting domestic violence/sexual assault cases and a victim services project serving all crime victims within a district attorney’s office). Applicants that are considering submitting more than one application should contact OVP at cvsgrants@state.co.us or via phone by calling 303-239-5719 or toll free at (888) 282-1080 before doing so, to ensure that separate applications are appropriate. For more information or help with writing the grant application, including your narrative sections and budget, please contact the CVS Grants Helpline: cvsgrantshelpline@gmail.com . Because OVP has to provide equal access to all applicants, we are unable to provide specific advice on how to write your application. However, OVP will be using contractors to provide technical assistance to applicants in writing their application. These resources are available from January 7, 2020 to February 14, 2020 (*Please note that questions to the Helpline must be submitted no later than 5:00 p.m. on February 13, 2020 to allow sufficient response time). Questions should be submitted via email to cvsgrantshelpline@gmail.com. The contractor(s) are available to help applicants with questions ranging from how to write good goals and objectives to how to create a budget and write a budget 1 of 62 Return to Table of ContentsIntroduction Page 212 of 394 narrative and justification. Please allow 24 hours for a response. To apply, upload the Application(s) and all required attachments into ZoomGrants and submit by 11:59 p.m. on Tuesday, February 18, 2020. Please note, staff will be unavailable to assist with any technical issues or answer questions after 5:00 p.m. on February 18, 2020. In addition, Monday, February 17, 2020 is President’s Day and staff will not be available on that day to provide technical assistance. The Announcement, Application, Application Instructions, and additional resources/materials can be found on our website: https://www.colorado.gov/pacific/dcj/cvs-funds, under the heading CY 2021 & CY 2022 Crime Victim Services (CVS) Grant Program Funds. Applicants must have, or create, a ZoomGrants account to apply. •Agencies with a ZoomGrants account will utilize the Quick Start Guide for Existing Grantees. •Agencies that do not have a ZoomGrants account will utilize the Quick Start Guide for New Agencies . Detailed instructions and job aids on navigating ZoomGrants can be found on the DCJ website: https://www.colorado.gov/pacific/dcj/grant-training-materials. ZoomGrants-related technical assistance questions should be directed to DCJGMS@state.co.us or 303.239.5830. 2 of 62 Return to Table of ContentsIntroduction Page 213 of 394 IMPORTANT INFORMATION & TROUBLESHOOTING GENERAL APPLICATION TIPS •Read the Announcement in its entirety. •Use Adobe Pro or download the latest free version of Adobe Reader by visiting https://get.adobe.com/reader/. You may receive the following error message when opening the Application regardless of what version of Adobe Reader you have. •Download and save the form to your computer, then close and reopen the Application from the saved location. If issues persist, double check that you have downloaded the latest version of Adobe Reader. After downloading the latest version, you may have to restart your computer. For a step by step video on how to download the Application, visit: https://www.youtube.com/watch?v=_1x57uYE-2s&t=2s. •Read and understand the eligibility guidelines and allowable activities by funding source found in the Appendix to guide you in selecting which funding source you will apply to. Applicants will write to a specific funding source (S.T.O.P. VAWA, State VALE, VOCA, and/or SASP). The Application contains conditional formatting and logic (e.g. applicant’s responses to questions will dictate which questions appear in the Application) to help guide applicants to the appropriate funding source. This is different than in previous funding cycles. •Plan ahead. Gather the application information and required attachments ahead of time. Do not wait until the last minute to complete your application, as late submissions will not be accepted. Staff will not be able to assist with technical or submission issues after 5:00 p.m. on February 18, 2020. In addition, Monday, February 17, 2020 is President’s Day, and staff will not be available on that day to provide technical assistance. Important Information & Troubleshooting 3 of 623 of 62 Return to Table of Contents Page 214 of 394 •Complete the Application based on a 24-month grant period (1/1/21 -12/31/22). •Narrative portions of the Application should be concrete, clear, and succinct. Excessive narrative can cause your message to be lost. Write to an audience that is not familiar with your agency and/or project. APPLICATION FUNCTIONALITY TIPS •Complete the Application in sequential order. Completing sections out of order may cause the application logic to not work correctly and could affect the application content. If you encounter continuing issues with the Application, download and save a new template and start fresh. •Save the Application frequently to avoid losing work. Unsaved work cannot be recovered and deadline extensions will not be given for technical issues. •Rely on the tips and examples embedded in the Application (🛈🛈 symbol within the Application). By hovering over this symbol, helpful information and/or tips will appear within a few seconds. While some topics will be covered more extensively in the Application Instructions, applicants should rely on these tips and examples to accurately complete their application and narrative sections. •To view full narrative responses, click outside of the form field once content is entered, and the text box will automatically expand. •Proofread and spellcheck. We encourage a second reader, other than the writer of the grant, to check the content and logical flow of the Application. While the application form fields do underline misspelled words in red, note that text copied and pasted into the form fields from Microsoft Word will not retain special formatting (e.g. bold, italics, etc.). To check spelling in Adobe Reader, click the F7 keyboard button to open the spellcheck reader dialogue box. •Character limits are outlined in each narrative section. Keep in mind a word count is different than a character limit. Character limits include spaces, indentations, punctuation, and special characters. •Review the Glossary of Terms for guidance when completing narrative portions of the Application. Important Information & Troubleshooting 4 of 624 of 62 Return to Table of Contents Page 215 of 394 APPLICATION BUDGET TIPS •Check the budget and budget narrative sections for errors in calculations. The Financial Officer on the project should review and verify your proposed budget. Make sure that calculations in the budget narrative match the dollar amount requested. •Requested expenses must be well-justified, project-related and explained in the budget narrative sections. There are no such thing as miscellaneous costs. Every single item of cost must be properly itemized and categorized using the available budget categories. •Do not include costs that have been specifically identified as unallowable under each funding source in the Appendix. Crime victims must be the recipients of the project’s services as a result of their criminal victimization. Do not include services to those at-risk of victimization or prevention activities. ZOOMGRANTS TIPS •Access or create a ZoomGrants account to apply. If you already have a ZoomGrants account, review the Quick Start Guide for Existing Grantees. Agencies that do not have a ZoomGrants account, review the Quick Start Guide for New Agencies. •Complete the organizational questions in ZoomGrants and upload the final Application and required attachments under the “Documents” Tab. The Application will consist of a combination of questions and several documents you complete and upload (attach) in the ZoomGrants system. Applications submitted without the uploaded Attachments will be considered incomplete. Further details on which Attachments are required can be found under the Attachments section. •Contact OVP Before creating more than one application. Most applicants will submit just one application, however, some may need to complete more than one if they are applying to two or more funding sources for separate, distinct projects (e.g. a specialized prosecutor devoted to prosecuting domestic violence and sexual assault cases and a victim services project serving all crime victims within a district attorney’s office). For more guidance on how to submit more than one application in ZoomGrants, review the Quick Start Guide for How to Submit More Than One Application in ZoomGrants. •Contact DCJ’s Customer Support Coordinator at 303-239-5830 or DCJGMS@state.co.us if you experience problems or have questions about how to use the ZoomGrants system. Due to President’s Day on February 17, 2020, staff will not be available to provide technical assistance. On February 18, 2020, staff will not be available after 5:00 p.m. and the ZoomGrants system will not accept applications after 11:59 p.m. TECHNICAL ASSISTANCE RESOURCES •Take advantage of additional available resources. If you have grant-writing questions, contact our CVS Grants Helpline: cvsgrantshelpline@gmail.com . Please read the Frequently Asked Questions (FAQs) document which will be updated regularly throughout the application period and available on our website (https://www.colorado.gov/pacific/dcj/cvs-funds) under the heading CY 2021 & CY 2022 Crime Victim Services (CVS) Grant Program Funds. 5 of 62 Return to Table of ContentsImportant Information & Troubleshooting Page 216 of 394 •Participate in one of the Application Workshops or Webinar. Visit our website for a full list of workshop dates and to register. The recorded version of the Application Webinar will be available by February 10, 2020 on our website (https://www.colorado.gov/pacific/dcj/cvs-funds) under the heading CY 2021 & CY 2022 Crime Victim Services (CVS) Grant Program Funds. SCHEDULE OF EVENTS Jan. 6, 2020 Announcement/Application Released and Live in ZoomGrants Jan.16 - Feb. 6, 2020 Grant Application Workshops (full list of workshop dates and registration information) Feb. 18, 2020 Application Deadline Jun. 16 - 18, 2020 CVSAB Funding Meeting/Preliminary Funding Recommendations Late Summer 2020 Notification of Awards and Denials Aug. 2020 Reconsideration Meeting* Late Aug. Notification of Final Award Decisions Oct. 2020 Award documents available Nov. 2020 Grant Agreements returned to OVP Jan. 1, 2021 CY2021 & CY2022 CVS Grant Awards begin *Denied applicants will be notified in the summer of 2020 and will have the option to request a reconsideration of the CVSAB's decision if they meet the reconsideration criteria as outlined in the denial letter. Important Information & Troubleshooting 6 of 626 of 62 Return to Table of Contents Page 217 of 394 APPLICATION INSTRUCTIONS Unlike previous funding cycles, the CY 2021 & CY 2022 Crime Victim Services (CVS) Grant Program Funds Application Instructions do not cover each application question in detail. Instead, applicants should review the tips and examples embedded within the Application (shown as the 🛈🛈 symbol). By hovering over this symbol within the Application itself, helpful information or tips will appear within a few seconds. Applicants should rely on these tips and examples to accurately complete the Application. Complete every field. Review the 🛈🛈 symbol for guidance on completing this section. Select one. Select the option that best represents the project for which you are seeking funds. Some combinations of project types are not eligible for a single funding source and you will receive an error message (shown below). If this occurs, click the “Reset Project Type” button and select one project type or contact OVP at cvsgrants@state.co.us to discuss whether you should complete two separate applications. For further explanations and examples, review the 🛈🛈 symbol for guidance while completing this section. Note: Responses to this question will impact the conditional form logic, including which source of funding and related questions appear. “Conditional form logic” refers to the application’s ability to show and hide questions based on responses. 1) APPLICANT INFORMATION: 2) AGENCY DESCRIPTION, QUALIFICATIONS, AND SUSTAINABILITY (Limit of 4,000 characters): 3) APPLICANT TYPE: 4) TYPE OF PROJECT: Application Instructions 7 of 627 of 62 Return to Table of Contents Page 218 of 394 CVS grant-funded services must be provided to crime victims free of charge. If your agency will charge victims for the services proposed in this application, you are not eligible for CVS funds and you will not be able to continue to complete the Application. Contact cvsgrants@state.co.us with questions regarding this eligibility requirement. If “Yes”, provide the details of the most recent VRA training that was provided to your project staff. If “No”, be advised that if your agency is awarded CVS funds, your project staff will be required to receive VRA training prior to the start date of the grant period (1/1/2021). The Office for Victim Programs (OVP) will offer this training free of charge to applicants before the start of the grant. Dates for the training will be announced at a later time. Select one of the available funding source options. Responses to the previous questions will affect which funding sources appear. If no funding sources appear, then the combination of project types you selected in Question 4 are not eligible for any one funding source. Please click the “Reset Funding Source” and the "Reset Project Type" buttons and reselect your type of project in Question 4. The funding source you select determines which questions will appear for the remainder of the Application (e.g. if VOCA is selected, the remainder of the application questions will pertain to VOCA funding). If you think the available options are incorrect, or the appropriate option is missing, please contact our office at cvsgrants@state.co.us. 5) WILL CLIENTS SERVED UNDER THIS PROPOSED CVS GRANT-FUNDED PROJECT BE CHARGED FOR SERVICES? 6) HAS YOUR PROJECT STAFF RECEIVED VICTIM RIGHTS ACT (VRA)TRAINING? 7) SOURCE OF FUNDING: 8 of 62 Return to Table of ContentsApplication Instructions Page 219 of 394 Use the specific funding source Application Instructions below to complete the rest of your Application. •S.T.O.P. VAWA-Specific Application Instructions (pages 10-17) •State VALE-Specific Application Instructions (pages 18-23) •VOCA-Specific Application Instructions (pages 24-30) •SASP-Specific Application Instructions (pages 31-35) Funding Source Specific Instructions 9 of 629 of 62 Return to Table of Contents Page 220 of 394 Select the option that applies to your agency. 9)LOCATION (Limit of 4,000 characters): Describe the location for the proposed project. Click on the highlighted term and you will be taken to the Glossary of Terms to read a more detailed definition. Information in this section may include: •the geographic distribution and the extent to which victim services of a specific type are available and/or funded in the geographic region; •the population size of the area; •geographical considerations, such as whether an area is geographically isolated by mountain ranges and inclement weather; and •its proximity to other victim services programs, if applicable. 10)PROJECT DESCRIPTION (Limit of 10,000 characters): Describe your proposed project in detail. In a clear and succinct way, explain the project and specific services you are requesting funds for including staff and/or match staff. Describe only the part of your program for which you are requesting funding. Do not include ineligible activities in this section. Click on the highlighted terms and you will be taken to the Glossary of Terms to read more detailed definitions. Applicants should also use this question to specifically address the following criteria (if applicable): •NEED: All services supported through this project must be linked to the recipients’ victimization and be well justified. Need should be described in terms of: o local crime statistics (Resource: Colorado Crime Statistics); o gaps in services; o lack of available funds and resources to support the proposed services; o the employment, education, and income levels of the population and how that may impact the need for services in the area; and o the existence of underserved populations in the area and the resulting need for specialized services. •UNDERSERVED POPULATIONS: Underserved populations include individuals who by virtue of language, ethnicity, race, culture, disability, age, sexual orientation, religion, gender, gender identity, immigrant or alienage status or geographic location may face barriers in accessing and using victim services. *OVP contracted with a Geographic Information Systems (GIS) researcher who divided the state into nine regions and reviewed a multitude of factors for each region, including: population by race, number of older adults, foreign born individuals, education levels, people with disabilities, and several other factors. The GIS Mapbook and the GIS Models are available to you as a resource for completing this section of the Application. •INNOVATION (if applicable): Projects considered innovative are ones that implement methods or strategies that are new, originate with the applicant agency, and/or are an established best practice in other settings but have not been implemented in Colorado before. S.T.O.P. VAWA-SPECIFIC INSTRUCTIONS 8) DOES YOUR AGENCY CURRENTLY RECEIVE CVS FUNDING (S.T.O.P. VAWA, State VALE, VOCA AND/OR SASP)? S.T.O.P. VAWA-Specific Instructions 10 of 6210 of 62 Return to Table of Contents Page 221 of 394 •REPLICABILITY (if applicable): Include information on whether your project can serve as a service delivery model that could potentially provide a guide or toolkit for other programs to use when addressing a similar issue/need. 11)COLLABORATION (Limit of 4,000 characters): Complete this section with examples of how your agency collaborates with partnering agencies to ensure your services and proposed project are designed to promote the safety, confidentiality, and economic independence of victims. Examples of collaboration include partnering with agencies on a local Sexual Assault Response Team (SART) and coordinating the delivery of complimentary victim services for survivors. If your project is designed to provide services to underserved populations, explain how you have already engaged with this community to ensure successful implementation of your project. Click on the highlighted terms and you will be taken to the Glossary of Terms to read more detailed definitions. For each purpose area selected, applicants will be required to complete the corresponding services and activities tables. Review the 🛈🛈 symbols throughout the tables for guidance. Applicants should include the number of primary and secondary victims who will receive services by the grant-funded and/or match staff requested in the Application during the 24-month grant period. Review the 🛈🛈 symbols throughout the table for guidance. •A primary victim is the individual (ages 11 or older) whom the sexual assault, domestic violence, dating violence, or stalking was directed. •A secondary victim is the individual who is indirectly affected by the domestic violence, dating violence, sexual assault, and/or stalking. Examples include: children, siblings, spouses or intimate partners, parents, grandparents, and other affected relatives. Check the box next to each type of service that primary victims (ages 11 and older) and secondary victims will receive during the 24-month grant period from grant-funded and/or match personnel. Review the 🛈🛈 symbols throughout the table for guidance. If requesting funding for an attorney and/or paralegal, or will be using an attorney and/or paralegal as match on your project, select “Yes” to view 12A- Legal Services Types Table. Check the box next to each type of service that victims will receive during the 24-month grant period from requested and/or match attorney(s) and paralegal(s). Review the 🛈🛈 symbols throughout the table for guidance. 12) PROJECT PURPOSE AREAS: 12A) VICTIM SERVICES TABLE-CRIME TYPE: 12A) VICTIM SERVICES TABLE -TYPES OF SERVICES: Helpful Information Regarding How to Estimate Numbers of Victims and Crime Types in Table 12A: If requesting funds to support 50% of the full-time salary of a direct service victim advocate who will serve a total of 100 victims during the grant year, the estimated number of victims to be served by the grant-funded personnel would be 50% of 100, or 50 victims. Estimate how many of those 50 will be victims of which type(s) of crimes in Table 12A-Victim Services Table-Crime Type. VICTIM SERVICES- REQUEST FOR ATTORNEY/PARALEGAL S.T.O.P. VAWA-Specific Instructions 11 of 6211 of 62 Return to Table of Contents Page 222 of 394 Applicants should include information on how past evaluation efforts have impacted current service delivery and how it has informed the services being requested in this application, in addition to how the effectiveness of the requested project will be evaluated, if funded. Example: Victim Services Evaluation Our demographic data gathered at intake showed that 58% of new victims seeking services were immigrants. This information showed us that we needed to increase our staff’s cultural competency and knowledge regarding immigrant sexual assault victims’ needs, so we are requesting to attend X Conference. In order to evaluate the impact that additional training and conference attendance have on our ability to better serve this population of survivors, we will also be administering a voluntary satisfaction survey to immigrant survivors evaluating whether they feel that our staff was culturally responsive and the services offered met their needs. Applicants should include the number of cases/incidents for primary victims (ages 11 and older) and secondary victims that will be handled by the grant-funded and/or match staff requested in the Application during the 24-month grant period. Review the 🛈🛈 symbols throughout the table for guidance. Applicants should include information on how past evaluation efforts have impacted current service delivery and how it has informed the services being requested in this application, in addition to how the effectiveness of the requested project will be evaluated, if funded. Example: Law Enforcement Evaluation Officers within our agency have reported increased incidents of domestic violence involving individuals with cognitive and physical disabilities within our jurisdiction over the last 12 months (15% increase when compared to the year prior). In addition, the GIS Mapbook provided by OVP shows a large population of individuals with disabilities within our service area. Based on this data, we are requesting funds to support sending two of our officers to specialized training on investigating and working with domestic violence victims with disabilities. Following the training, disabled survivors and their caretakers who are served by these two officers will be asked to participate in a voluntary satisfaction survey evaluating their interactions. VICTIM SERVICES EVALUATION (Limit of 2,000 characters): 12B) LAW ENFORCEMENT TABLE: LAW ENFORCEMENT EVALUATION (Limit of 2,000 characters): S.T.O.P. VAWA-Specific Instructions 12 of 6212 of 62 Return to Table of Contents Page 223 of 394 Applicants should include the number of cases/incidents for primary victims (ages 11 and older) and secondary victims that will be handled by the grant-funded and/or match staff requested in the Application during the 24-month grant period. Review the 🛈🛈 symbols throughout the table for guidance. PROSECUTION EVALUATION (Limit of 2,000 characters): Applicants should include information on how past evaluation efforts have impacted current service delivery and how it has informed the services being requested in this application, in addition to how the effectiveness of the requested project will be evaluated, if funded. Example: Prosecution Evaluation Since our S.T.O.P. VAWA funding has allowed us to have a sexual assault (SA)-specific prosecutor, the number of SA cases going to trial and successful prosecutions have increased by 40% and 30% respectively compared to the previous year. With the increase in SA cases being taken to trial, we are asking for an increased percentage of this SA-specific prosecutor position in this application. This section should only be completed if requesting funds for a formal training project to train professionals/volunteers, primarily outside of your agency, to improve their response to domestic violence, sexual assault, stalking and dating violence. Do not complete this section for outreach trainings/community presentations or in-house trainings to staff and volunteers. Review the 🛈🛈 symbols throughout the table for guidance. TRAINING EVALUATION (Limit of 2,000 characters): Applicants should include information on how past evaluation efforts have impacted current service delivery and how it has informed the services being requested in this application, in addition to how the effectiveness of the requested project will be evaluated, if funded. Example: Training Evaluation Our post-training surveys showed that only 40% of attendees reported an increased understanding of the effects of sexual trauma. This information showed us that we need to increase the amount of time this specific topic is covered and include additional exercises that ask training attendees to discuss the effects of sexual trauma in small groups. We are also asking for additional support to create a separate training curricula on this topic to deliver as a follow-up to the basic training we are currently providing. 12C) PROSECUTION TABLE: 12D) TRAINING TABLE: 13 of 62 Return to Table of ContentsS.T.O.P. VAWA-Specific Instructions Page 224 of 394 This section should only be completed if requesting funds to help improve a community’s or system’s response to victims. Check the areas of system improvement that describe the type of activities and service for which you are requesting grant funds. Applicants should include information on how past evaluation efforts have impacted current service delivery and how it has informed the services being requested in this application, in addition to how the effectiveness of the requested project will be evaluated, if funded. Example: System Improvement Evaluation When the SART began meeting in 2018, participants reported that they collaborated on sexual assault cases approximately 10% of the time. They cited reasons for this low level of collaboration including distrust of the agency and doubts that victims would receive quality services. After the SART had been meeting for 6 months, the SART Coordinator re-surveyed participants and found that 50% now reported collaborating with partnering agencies and cited that regular SART meetings was one of the contributing factors to their increased trust and referrals. Because of this data, we are requesting the continuing support of the SART Coordinator position. This section should only be completed if requesting funds for court activities that will address domestic violence, sexual assault, stalking, and/or dating violence cases/incidents for primary victims (ages 11 and older) and secondary victims. Estimate the number of cases that will be handled by grant-funded or match personnel during the 24-month grant period. COURTS EVALUATION (Limit of 2,000 characters): Applicants should include information on how past evaluation efforts have impacted current service delivery and how it has informed the services being requested in this application, in addition to how the effectiveness of the requested project will be evaluated, if funded. Example: Courts Evaluation Based on the data collected in our courthouse database, we were able to observe an increased percentage of court-monitored offenders complying with mandated offender treatment and batterer intervention programs following the implementation of our S.T.O.P. VAWA-funded project. Because of this data, we are requesting continuing support of the project. 12E) SYSTEM IMPROVEMENT TABLE: SYSTEM IMPROVEMENT EVALUATION (Limit of 2,000 characters): 12F) COURTS TABLE: 14 of 62 Return to Table of ContentsS.T.O.P. VAWA-Specific Instructions Page 225 of 394 13) PREVIOUS PERFORMANCE (Limit of 4,000 characters in narrative fields): These questions appear based on your response to Question 8 in the Application and are only required for existing CVS grantees. Questions 13A and 13B are regarding your agency’s performance during the CY 2017-2018 and CY 2019- 2020 award periods. Question 13C applies to applicants who are requesting an increase in funding over their current level of funding and should be used to explain why an increase is needed. The total 24-month budget is divided into 6 budget categories: Personnel, Supplies and Operating, Travel, Equipment, Consultants/Contracts, and Indirect Costs. Each budget category has a limit on the number of line items that can be requested. Refer to the budget category headings within the Application for additional details. All figures should be reported in whole dollars. Round up to the nearest dollar if the cents are $.50 or more. Applicants should not include matching funds in this section of the budget. Matching funds will be entered in the subsequent match budget section. The 🛈🛈 symbol is used extensively throughout the budget and match budget sections in the Application. Review each 🛈🛈 symbol to understand what information should be provided in each budget category. VAWA BUDGET (Limit of 1,000 characters in narrative fields) Special Considerations and Helpful Resources to Use When Completing Your Budget: •PRORATED COSTS: When requesting support for items or expenses that are not wholly dedicated to the requested project, applicants should prorate the amount of the item in their requested budget. For example, if an agency is requesting support for printing costs on a centralized printer, consider using copier codes to allocate project-related printing expenses to the grant. •EMERGENCY FINANCIAL ASSISTANCE FOR VICTIMS: If requesting support for emergency financial assistance, applicants should include these costs as one line item under the “Supplies and Operating” section of the budget. Applicants should review the Best Practices for Agencies Expending Grant Funds for Financial Assistance for Victims Packet to understand the back-up documentation requirements associated with receiving these types of funds and ensure that the agency has the capacity to maintain and provide this documentation to OVP when requested. •TRAVEL EXPENSES: Your agency should use the per diem and mileage rates outlined in your established written travel policy for calculations. If your agency does not have an established travel policy, utilize State travel rates for in-state travel found at https://www.colorado.gov/pacific/osc/mileage-reimbursement-rate and https://drive.google.com/file/d/0B4QNASeYliFbMHQ0cDVzTWJfeTdSem1mTU12YzU3Vk0wOEZF/view. •CONSULTANTS/CONTRACTS EXPENSES: Professional services should be procured competitively using your agency’s procurement policy. If requesting support for sole source contracts, provide justification. For more detailed information on the procurement of services and goods, please see the DOJ Grants Financial Guide, Section 3.8 (https://ojp.gov/financialguide/doj/pdfs/DOJ_FinancialGuide.pdf). S.T.O.P. VAWA-Specific Instructions 15 of 6215 of 62 Return to Table of Contents Page 226 of 394 De Minimis Indirect Cost Rate Example: Federal Financial Guidelines allow applicants to request indirect costs as a part of their grant budget. Applicants are not required to request indirect costs. There are two ways to calculate an indirect cost rate: •Agencies with a Federally Negotiated Cost Rate: If an agency has a current federally negotiated cost rate because the grantee already receives funds directly from a federal agency, this negotiated cost rate will be honored. Applicants must upload a copy of their cost rate agreement under the “Documents” Tab in ZoomGrants. •Agencies that have NEVER had a federally approved indirect cost rate agreement: Agencies may use a de minimis rate of 10% of the Modified Total Direct Cost (MTDC). The MTDC includes all direct salaries and wages, applicable fringe benefits, materials and supplies, travel, and consultants/contracts up to the first $25,000 of each contract. MTDC excludes equipment, capital expenditures, rental costs, tuition, scholarships, participant support costs, and the portion of each consultant/contract in excess of $25,000. ●For more information, please refer to 2CFR200: Uniform Administrative Requirements, Cost Principle and Audit Requirements (Uniform Guidance). For agencies that do not have a federally negotiated rate, and may need more assistance calculating their de minimis rate, OVP has developed an Indirect Cost Calculator Tool. Indirect Cost Rate % Show Indirect Cost Rate Calculation Below Total Indirect 10% De Minimis Indirect Cost Rate $59,850 (Salary/Fringe) + $500 (Supplies and Operating) + $480 (Travel) + $8,000 (Consultants/Contracts) = $68,830 (Total Direct Costs) MTDC Calculation: $68,830 (Total Direct Costs) x 10% = $6,883 Total Project Amount: $68,830 (Total Direct Costs) + $6,883 (MTDC) =$75,713 $6,883 INDIRECT COSTS: S.T.O.P. VAWA-Specific Instructions 16 of 6216 of 62 Return to Table of Contents Page 227 of 394 MATCH BUDGET: Non-profit agencies and tribal government applicants are not required to provide match. All other S.T.O.P. VAWA applicants are required to demonstrate the ability to provide match (25% of the total funds requested, which is calculated by Total CVS Funds Requested ÷ by 3). The amount of required match is also calculated for you in the Application. Match may be provided in cash or as an in-kind contribution and must be project-related: •Cash Match: A specified amount of non-federal dollars budgeted for the funded project in addition to the grant award amount. Any items paid for with dollars are cash match such as personnel expenses. Possible sources of cash match include Local VALE funds, United Way funds, district attorney’s office local budget, annual fundraiser, other non-federal funds used to pay a portion of the supervisor’s salary for the grant-funded position, the non-grant-funded portion of grant project employee’s salary, or other non-grant-funded portions of the project. •In-Kind Match: A specified amount of non-cash contributions (assigned a dollar value) designated for the funded project in addition to the OVP grant award amount. A good example of in-kind match is unpaid volunteer time that has been assigned a dollar value, based on the agency or market value of the services in your community. The value of the volunteer time should not exceed the amount the agency would pay a staff person to complete the same activities. Helpful Information Regarding Match: •Federal funds may never be used as match for OVP grants. •Round up to the nearest dollar if the cents are $.50 or more. •Do not over-match. Show only the required amount of match in your project budget. An approved cash or in-kind match for an OVP grant may not be used as match for other grants. •Do not under-match. If you do not provide sufficient match in your application, your request may be reduced to the amount that you indicate you can match. •Your accounting records must be able to track the exact matching funds, so it is in your best interest to keep the match as simple as possible. It is encouraged to use either cash or in-kind match (not both) whenever possible and limit the number of budget categories match is provided in. •You are not required to have match in every budget category for which you request grant funds. This table will auto-populate. Applicants will enter the dollar amount from “Total CVS Funds Requested” field in the Application into the “Amount Requested” field in ZoomGrants. ADDITIONAL INFORMATION (Limit of 1,000 characters): Use this narrative section to provide any additional information your agency would like to share regarding your agency’s request for funds, if not already addressed in the Application. GRANT BUDGET SUMMARY: S.T.O.P. VAWA-Specific Instructions 17 of 6217 of 62 Return to Table of Contents Page 228 of 394 Select one. If “No”, you are not eligible for State VALE funds. Please return to Question 7 to reset your funding source and to Question 4 to reset your project type. Select the option that applies to your agency. 9)LOCATION (Limit of 4,000 characters): Describe the location for the proposed project. Click on the highlighted term and you will be taken to the Glossary of Terms to read a more detailed definition. Information in this section may include: •the geographic distribution and the extent to which victim services of a specific type are available and/or funded in the geographic region; •the population size of the area; •geographical considerations, such as whether an area is geographically isolated by mountain ranges and inclement weather; and •its proximity to other victim services programs, if applicable. 10)PROJECT DESCRIPTION (Limit of 10,000 characters): Describe your proposed project in detail. In a clear and succinct way, explain the project and specific services you are requesting funds for including staff and/or match staff. Describe only the part of your program for which you are requesting funding. Do not include ineligible activities in this section. Click on the highlighted terms and you will be taken to the Glossary of Terms to read more detailed definitions. Applicants should also use this question to specifically address the following criteria (if applicable): •NEED: All services supported through this project must be linked to the recipients’ victimization and be well justified. Need should be described in terms of: o local crime statistics (Resource: Colorado Crime Statistics); o gaps in services; o lack of available funds and resources to support the proposed services; o the employment, education, and income levels of the population and how that may impact the need for services in the area; and o the existence of underserved populations in the area and the resulting need for specialized services. •UNDERSERVED POPULATIONS: Underserved populations include individuals who by virtue of language, ethnicity, race, culture, disability, age, sexual orientation, religion, gender, gender identity, immigrant or alienage status or geographic location may face barriers in accessing and using victim services. *OVP contracted with a Geographic Information Systems (GIS) STATE VALE-SPECIFIC INSTRUCTIONS 7A) WILL YOUR PROJECT PROVIDE SERVICES TO AND/OR BENEFIT AT LEAST HALF OF COLORADO’S JUDICIAL DISTRICTS (11 OF THE 22)? 8) DOES YOUR AGENCY CURRENTLY RECEIVE CVS FUNDING (S.T.O.P. VAWA, STATE VALE, VOCA, AND/OR SASP)? State VALE-Specific Instructions 18 of 6218 of 62 Return to Table of Contents Page 229 of 394 researcher who divided the state into nine regions and reviewed a multitude of factors for each region, including: population by race, number of older adults, foreign born individuals, education levels, people with disabilities, and several other factors. The GIS Mapbook and the GIS Models are available to you as a resource for completing this section of the Application. •INNOVATION (if applicable): Projects considered innovative are ones that implement methods or strategies that are new, originate with the applicant agency, and/or are an established best practice in other settings but have not been implemented in Colorado before. •REPLICABILITY (if applicable): Include information on whether your project can serve as a service delivery model that could potentially provide a guide or toolkit for other programs to use when addressing a similar issue/need. 11)COLLABORATION (Limit of 4,000 characters): Complete this section with examples of how your agency has participated in community efforts to aid crime victims. Examples of collaboration may include, but are not limited to, serving on federal, state, and local or tribal work groups to oversee and recommend improvements to community responses to crime victims, and developing written agreements and protocols for such responses. If your project is designed to provide services to underserved populations, explain how you have already engaged with this community to ensure successful implementation of your project. Click on the highlighted term and you will be taken to the Glossary of Terms to read more detailed definitions. For each purpose area selected, applicants will be required to complete the corresponding services and activities tables. Review the 🛈🛈 symbols throughout the tables for guidance. Provide only the number of victims who will receive services from grant-funded personnel during the 24- month grant period. You should count both primary and secondary victims in this table. Review the 🛈🛈 symbols throughout the table for guidance. •A primary victim is an individual against whom the crime is committed. The crime does not have to be reported to police, proceed to charges, or result in a guilty verdict for the victim to be considered a victim of crime. It is the act itself that defines a victim. •A secondary victim is an individual who is not the primary victim, but is an individual impacted by the crime who receives services. Examples of secondary victims are immediate family members of a child or adult victim of sexual abuse and immediate family members of a homicide victim. A secondary victim may also be someone who witnessed a crime but was not directly victimized. This may include, for example, a friend who was present when a person was assaulted, or a customer in a bank during a robbery. •There is an “Other” category for you to include crimes in which there has been an identified victim but the crime type is not listed in the table. Because the list of crime types has been greatly expanded, the “Other” category should rarely be used. (e.g. A violation of protection order in a domestic violence case could be counted under the Domestic and/or Family Violence category). 12) PROJECT PURPOSE AREA: 12A) VICTIM SERVICES -CRIME TYPE TABLE: 19 of 6219 of 62State VALE-Specific Instructions Return to Table of Contents Page 230 of 394 Helpful Information Regarding Completing Goals and Objectives: Applicants should write their project specific goals for the 24-month grant period. Goals are broad statements describing what you intend to accomplish and objectives are specific and measurable and should answer the questions What? Who? By when? How many? For whom? How? Objectives should be related to the personnel positions and/or the consultants/contracts requested in the project. The timeframe should reflect the time period in which each objective will be accomplished. Most often this is the grant period. Example: Check the box next to each type of service that victims will receive during the 24-month grant period from grant-funded personnel. Review the 🛈🛈 symbols throughout the table for guidance. This section should only be completed if requesting funds for a formal statewide or multijurisdictional training project to train professionals on victim assistance. Do not complete this section for outreach trainings/community presentations about your program, or trainings to in-house staff/volunteers. This section should only be completed if one of the primary purposes of your project is to improve a community’s or a system’s response to victims. Check the areas of systems improvement that describe the type of activities and services for which you are requesting grant funds. The narrative explanation of the requested Systems Improvement Project should be included under the Project Description (Question 10) of the Application. 13) GOALS AND OBJECTIVES (Limit of 300 characters in the goals and objectives fields): Applicants must complete a minimum of one goal and three objectives, but have the option of completing up to four goals, with up to four objectives for each goal. Use this section to describe activities not already included in project purpose area tables. Goal 1 The ABC Coalition will provide technical assistance and resources on best and emerging victim service practices to member programs, other victim service providers and state-wide partners. Objective Objective Position Title Responsible Time Frame 1 Provide a state-wide conference to 2,000 professionals each year. All project staff/contract trainers/interns/volunteers During the 24-month grant period 12A) VICTIM SERVICES -TYPES OF SERVICES TABLE: Helpful Information Regarding How to Estimate Numbers of Victims and Crime Types in Table 12A: If requesting funds to support 50% of the full-time salary of a direct service victim advocate who will serve a total of 100 victims during the grant year, the estimated number of victims to be served by the grant-funded personnel would be 50% of 100, or 50 victims. Estimate how many of those 50 will be victims of which type(s) of crimes in Table 12A. 12B) TRAINING TABLE: 12C) SYSTEMS IMPROVEMENT TABLE: 20 of 62State VALE-Specific Instructions Return to Table of Contents Page 231 of 394 2 Respond to 400 requests for technical assistance via phone/email and 50 in-person site visits each year. All project staff During the 24-month grant period 3 Provide electronic resources: Monthly newsletter; Develop 4 new online learning courses per year & update existing courses; Maintain website with statewide training opportunities, job opportunities & policy updates & research trends. Training & Technical Assistance Manager During the 24-month grant period Applicants should include information on how past evaluation efforts have impacted current service delivery and how it has informed the services being requested in this application, in addition to how the effectiveness of the requested project will be evaluated, if funded. Example: Evaluation Our post-training surveys showed that only 40% of attendees reported an increased understanding of the effects of sexual trauma. This information showed us that we need to increase the amount of time this specific topic is covered and include additional exercises that ask training attendees to discuss the effects of sexual trauma in small groups. We are also asking for additional support to create a separate training curricula on this topic to deliver as a follow-up to the current basic training we are currently providing. 15)PREVIOUS PERFORMANCE (Limit of 4,000 characters in narrative fields): These questions appear based on your response to Question 8 in the Application and are only required for existing CVS grantees. Questions 15A and 15B are regarding your agency’s performance during the CY 2017-2018 and CY 2019- 2020 award periods. Question 15C applies to applicants who are requesting an increase in funding over their current level of funding and should be used to explain why an increase is needed. The total 24-month budget is divided into 6 budget categories: Personnel, Supplies and Operating, Travel, Equipment, Consultants/ Contracts, and Indirect Costs. Each budget category has a limit on the number of line items that can be requested. Refer to the budget category headings within the Application for additional details. All figures should be reported in whole dollars. Round up to the nearest dollar if the cents are $.50 or more. 14) OVERALL PROJECT EVALUATION (Limit of 2,000 characters): STATE VALE BUDGET (Limit of 1,000 characters in narrative fields): 21 of 62State VALE-Specific Instructions Return to Table of Contents Page 232 of 394 Match is not required under this funding source. The 🛈🛈 symbol is used extensively throughout the budget in the Application. Review each 🛈🛈 symbol to understand what information should be provided in each budget category. Special Considerations and Helpful Resources to Use When Completing Your Budget: •PRORATED COSTS: When requesting support for items or expenses that are not wholly dedicated to the requested project, applicants should prorate the amount of the item in their requested budget. For example, if an agency is requesting support for printing costs on a centralized printer, consider using copier codes to allocate project-related printing expenses to the grant. •EMERGENCY FINANCIAL ASSISTANCE FOR VICTIMS: If requesting support for emergency financial assistance, applicants should include these costs as one line item under the “Supplies and Operating” section of the budget. Applicants should review the Best Practices for Agencies Expending Grant Funds for Financial Assistance for Victims Packet to understand the back-up documentation requirements associated with receiving these types of funds and ensure that the agency has the capacity to maintain and provide this documentation to OVP when requested. •TRAVEL EXPENSES: Your agency should use the per diem and mileage rates outlined in your established written travel policy for calculations. If your agency does not have an established travel policy, utilize State travel rates for in-state travel found at https://www.colorado.gov/pacific/osc/mileage-reimbursement-rate and https://drive.google.com/file/d/0B4QNASeYliFbMHQ0cDVzTWJfeTdSem1mTU12YzU3Vk0wOEZF /view. •CONSULTANTS/CONTRACTS EXPENSES: Professional services should be procured competitively using your agency’s procurement policy. If requesting support for sole source contracts, provide justification. For more detailed information on the procurement of services and goods, please see the DOJ Grants Financial Guide, Section 3.8 (https://ojp.gov/financialguide/doj/pdfs/DOJ_FinancialGuide.pdf). Federal Financial Guidelines allow applicants to request indirect costs as a part of their grant budget. Applicants are not required to request indirect costs. There are two ways to calculate an indirect cost rate: •Agencies with a Federally Negotiated Cost Rate: If an agency has a current federally negotiated cost rate because the grantee already receives funds directly from a federal agency, this negotiated cost rate will be honored. Applicants must upload a copy of their cost rate agreement under the “Documents” Tab in ZoomGrants. •Agencies that have NEVER had a federally approved indirect cost rate agreement: Agencies may use a de minimis rate of 10% of the Modified Total Direct Cost (MTDC). The MTDC includes all direct salaries and wages, applicable fringe benefits, materials and supplies, travel, and consultants/contracts up to the first $25,000 of each contract. MTDC excludes equipment, capital INDIRECT COSTS: 22 of 62State VALE-Specific Instructions Return to Table of Contents Page 233 of 394 De Minimis Indirect Cost Rate Example: expenditures, rental costs, tuition, scholarships, participant support costs, and the portion of each consultant/contract in excess of $25,000. ●For more information, please refer to 2CFR200: Uniform Administrative Requirements, Cost Principle and Audit Requirements (Uniform Guidance). For agencies that do not have a federally negotiated rate, and may need more assistance calculating their de minimis rate, OVP has developed an Indirect Cost Calculator Tool. Indirect Cost Rate % Show Indirect Cost Rate Calculation Below Total Indirect 10% De Minimis Indirect Cost Rate $59,850 (Salary/Fringe) + $500 (Supplies and Operating) + $480 (Travel) + $8,000 (Consultants/Contracts) = $68,830 (Total Direct Costs) MTDC Calculation: $68,830 (Total Direct Costs) x 10% = $6,883 Total Project Amount: $68,830 (Total Direct Costs) + $6,883 (MTDC) =$75,713 $6,883 This table will auto-populate. Applicants will enter the dollar amount from “Total CVS Funds Requested” field in the Application into the “Amount Requested” field in ZoomGrants. ADDITIONAL INFORMATION (Limit of 1,000 characters): Use this narrative section to provide any additional information your agency would like to share regarding your agency’s request for funds, if not already addressed in the Application. GRANT BUDGET SUMMARY: 23 of 62State VALE-Specific Instructions Return to Table of Contents Page 234 of 394 If your agency does not assist victims with applying for victim compensation in any capacity, your agency is not eligible for VOCA funding. If you respond “No” to this question, you are not eligible for VOCA funds. Please return to Question 7 to reset your funding source and to Question 4 to reset your project type. Review the 🛈🛈 symbol for guidance on completing this section. Agencies that do not use volunteers in any capacity and are applying for VOCA funds must download and complete the VOCA Volunteer Requirement Waiver. To enable the form functionality, download and save the form to your computer. You will have to close and reopen the form from the saved location on your computer before you begin to complete the form. The completed VOCA Volunteer Requirement Waiver should be uploaded with other required attachments in the ZoomGrants system under the “Documents” Tab. Select the option that applies to your agency. If “No”, select a reason from the list provided. Select the option that applies to your agency. 9)LOCATION (Limit of 4,000 characters): Describe the location for the proposed project. Click on the highlighted term and you will be taken to the Glossary of Terms to read a more detailed definition. Information in this section may include: •the geographic distribution and the extent to which victim services of a specific type are available and/or funded in the geographic region; •the population size of the area; •geographical considerations, such as whether an area is geographically isolated by mountain ranges and inclement weather; and •its proximity to other victim services programs, if applicable. 10)PROJECT DESCRIPTION (Limit of 10,000 characters): Describe your proposed project in detail. In a clear and succinct way, explain the project and specific services you are requesting funds for including staff and/or match staff. Describe only the part of your program for which you are requesting funding. Do not include ineligible activities in this section. Click on the highlighted terms and you will be taken to the Glossary of Terms to read more detailed definitions. Applicants should also use this question to specifically address the following criteria (if applicable): •NEED: All services supported through this project must be linked to the recipients’ victimization and be well justified. Need should be described in terms of: o local crime statistics (Resource: Colorado Crime Statistics); VOCA-SPECIFIC INSTRUCTIONS 7A) DOES YOUR AGENCY ASSIST VICTIMS WITH APPLYING FOR VICTIM COMPENSATION? 7B) DOES YOUR AGENCY USE VOLUNTEERS? 7C) ARE YOU A NON-PROFIT AGENCY THAT CAN SERVE ANY AGE SEX ASSAULT VICTIM? 8) DOES YOUR AGENCY CURRENTLY RECEIVE CVS FUNDING (S.T.O.P. VAWA, State VALE, VOCA, AND/OR SASP)? 24 of 62VOCA-Specific Instructions Return to Table of Contents Page 235 of 394 o gaps in services; o lack of available funds and resources to support the proposed services; o the employment, education, and income levels of the population and how that may impact the need for services in the area; and o the existence of underserved populations in the area and the resulting need for specialized services. •UNDERSERVED POPULATIONS: Underserved populations include individuals who by virtue of language, ethnicity, race, culture, disability, age, sexual orientation, religion, gender, gender identity, immigrant or alienage status or geographic location may face barriers in accessing and using victim services. *OVP contracted with a Geographic Information Systems (GIS) researcher who divided the state into nine regions and reviewed a multitude of factors for each region, including: population by race, number of older adults, foreign born individuals, education levels, people with disabilities, and several other factors. The GIS Mapbook and the GIS Models are available to you as a resource for completing this section of the Application. •INNOVATION (if applicable): Projects considered innovative are ones that implement methods or strategies that are new, originate with the applicant agency, and/or are an established best practice in other settings but have not been implemented in Colorado before. •REPLICABILITY (if applicable): Include information on whether your project can serve as a service delivery model that could potentially provide a guide or toolkit for other programs to use when addressing a similar issue/need. 11)COLLABORATION (Limit of 4,000 characters): Complete this section with examples of collaborative community efforts to aid crime victims. Examples of collaboration may include, but are not limited to, serving on federal, state, local or tribal work groups to oversee and recommend improvements to community responses to crime victims, and developing written agreements and protocols for such responses. If your project is designed to provide services to underserved populations, explain how you have already engaged with this community to ensure successful implementation of your project. Click on the highlighted terms and you will be taken to the Glossary of Terms to read more detailed definitions. Complete Tables 12A-Crime Types and 12B-Types of Services. Review the 🛈🛈 symbols throughout the tables for guidance. SPECIAL NOTE FOR STATEWIDE/MULTIJURISDICTIONAL/REGIONAL PUBLIC AWARENESS CAMPAIGNS: Applicants applying for support of statewide, multijurisdictional, or regional public awareness campaigns can include other documents supporting the projected plan for implementation of the proposed public awareness campaign in this narrative. If more space is needed than provided in this section (limit of 10,000 characters), applicants are able to upload a Word Document titled Public Awareness Campaign Documents under the “Documents” Tab in ZoomGrants. 12) VICTIM SERVICES PROJECT DATA: 25 of 62VOCA-Specific Instructions Return to Table of Contents Page 236 of 394 Provide only the number of victims who will receive services from grant-funded and/or match personnel during the 24-month grant period. You should count both primary and secondary victims in this table. Review the 🛈🛈 symbols throughout this table for guidance. •A primary victim is the individual against whom the crime is committed. The crime does not have to be reported to police, proceed to charges, or result in a guilty verdict for the victim to be considered a victim of crime. It is the act itself that defines a victim. •A secondary victim is an individual who is not the primary victim, but is an individual impacted by the crime who receives services. Examples of secondary victims are immediate family members of a child or adult victim of sexual abuse and immediate family members of a homicide victim. A secondary victim may also be someone who witnessed a crime but was not directly victimized. This may include, for example, a friend who was present when a person was assaulted, or a customer in a bank during a robbery. •There is an “Other” category for you to include crimes in which there has been an identified victim but the crime type is not listed in the table. Because the list of crime types has been greatly expanded, the “Other” category should rarely be used. (e.g. A violation of protection order in a domestic violence case could be counted under the Domestic and/or Family Violence category). Check the box next to the types of service that victims will receive during the 24-month grant period from grant-funded and/or match personnel. Review the 🛈🛈 symbols throughout the table for guidance. 13) GOALS AND OBJECTIVES (Limit of 300 characters in the goals and objectives fields): Applicants have the option of completing up to three goals, with up to four objectives for each goal. While this section is optional for VOCA applicants, if requesting support for multidisciplinary teams, statewide coalitions, and/or public awareness projects, a minimum of one goal and two objectives is required. Applicants should not include activities in this section that are already included in Tables 12A and 12B. 12A) CRIME TYPES TABLE: HELPFUL INFORMATION REGARDING HOW TO ESTIMATE NUMBERS OF VICTIMS AND CRIME TYPES: If you are requesting funds to support 50% of the full-time salary of a direct service victim advocate who will serve a total of 100 victims during the grant year, your estimated number of victims to be served by the grant-funded personnel would be 50% of 100, or 50 victims. You would estimate how many of those 50 will be victims of which type(s) of crimes in Table 12A-Crime Types Table. 12B) TYPES OF SERVICES TABLE: HELPFUL INFORMATION REGARDING COMPLETING GOALS AND OBJECTIVES: Applicants should write their project-specific goals for the 24-month grant period. Goals are broad statements describing what you intend to accomplish and objectives are specific and measurable and should answer the questions What? Who? By when? How many? For whom? How? Objectives should be related to the personnel positions and/or the consultants/contracts requested in the project budget and/or any match personnel. The timeframe should reflect the period in which each objective will be accomplished. Most often this is the grant period. 26 of 62VOCA-Specific Instructions Return to Table of Contents Page 237 of 394 EXAMPLE Goal 1 The 23rd JD SART will focus on developing victim-centered collaborative response with law enforcement, prosecution, and community non-profit agencies to enhance and increase safety and justice for victims of sexual assault in the 23rd JD. Objective Objective Position Title Responsible Time Frame 1 The 23rd JD SART Coordinator will facilitate monthly SART meetings (24) to provide information on emerging best practice and to discuss changes in sexual assault laws. SART Coordinator During the 24-month grant period 2 At monthly meetings of the SART, the 23rd JD SART Coordinator, in collaboration with the other SART members, will identify gaps in services and update response policies as needed. SART Coordinator During the 24-month grant period Applicants should include information on how past evaluation efforts have impacted current service delivery and how it has informed the services being requested in this application, in addition to how the effectiveness of the requested project will be evaluated, if funded. EXAMPLE: 14) Overall Project Evaluation Our demographic data gathered at intake showed that 58% of new victims seeking services were immigrants. This information showed us that we needed to increase our staff’s cultural competency and knowledge regarding immigrant sexual assault victims’ needs, so we are requesting to attend X Conference. In order to evaluate the impact that additional training and conference attendance have on our ability to better serve this population of survivors, we will also be administering a voluntary satisfaction survey to immigrant survivors evaluating whether they feel that our staff was culturally responsive and the services offered met their needs. 15) PREVIOUS PERFORMANCE (Limit of 4,000 characters): These questions appear based on your response to Question 8 in the Application and are only required for existing CVS grantees. Questions 15A and 15B are regarding your agency’s performance during the CY 2017-2018 and CY 2019- 2020 award periods. Question 15C applies to applicants who are requesting an increase in funding over their current level of funding and should be used to explain why an increase is needed. 14) OVERALL PROJECT EVALUATION (Limit of 2,000 characters): 27 of 6227 of 62VOCA-Specific Instructions Return to Table of Contents Page 238 of 394 The total 24-month budget is divided into 6 budget categories: Personnel, Supplies and Operating, Travel, Equipment, Consultants/Contracts, and Indirect Costs. Each budget category has a limit on the number of line items that can be requested. Refer to the budget category headings within the Application for specific line item limits. All figures should be reported in whole dollars. Round up to the nearest dollar if the cents are $.50 or more. Applicants should not include matching funds in this section of the budget. Matching funds will be entered in the subsequent match budget section. The 🛈🛈 symbol is used extensively throughout the budget and match budget sections. Review each 🛈🛈 symbol to understand what information should be provided in each budget category. SPECIAL CONSIDERATIONS AND HELPFUL RESOURCES FOR COMPLETING YOUR BUDGET: •PRORATED COSTS: When requesting support for items or expenses that are not wholly dedicated to the requested project, applicants should prorate the amount of the item in t heir requested budget. For example, if an agency is requesting support for printing costs on a centralized printer, consider using copier codes to allocate project-related printing expenses to the grant. •EMERGENCY FINANCIAL ASSISTANCE FOR VICTIMS: If requesting support for emergency financial assistance, applicants should include these costs as one line item under the “Supplies and Operating” section of the budget. Applicants should review the Best Practices for Agencies Expending Grant Funds for Financial Assistance for Victims Packet to understand the back-up documentation requirements associated with receiving these types of funds and ensure that the agency has the capacity to maintain and provide this documentation to OVP when requested. •TRAVEL EXPENSES: Your agency should use the per diem and mileage rates outlined in your established written travel policy for calculations. If your agency does not have an established travel policy, utilize State travel rates for in-state travel found at https://www.colorado.gov/pacific/osc/mileage-reimbursement-rate and https://drive.google.com/file/d/0B4QNASeYliFbMHQ0cDVzTWJfeTdSem1mTU12YzU3Vk0wOEZF/view. •CONSULTANTS/CONTRACTS EXPENSES: Professional services should be procured competitively using your agency’s procurement policy. If requesting support for sole source contracts, provide justification. For more detailed information on the procurement of services and goods, please see the DOJ Grants Financial Guide, Section 3.8 (https://ojp.gov/financialguide/doj/pdfs/DOJ_FinancialGuide.pdf). Federal Financial Guidelines allow applicants to request indirect costs as a part of their grant budget. Applicants are not required to request indirect costs. There are two ways to calculate an indirect cost rate: ●Agencies with a Federally Negotiated Cost Rate: If an agency has a current federally negotiated cost rate because the grantee already receives funds directly from a federal agency, this negotiated cost rate will be honored. Applicants must upload a copy of their cost rate agreement under the “Documents” Tab in ZoomGrants. VOCA BUDGET (Limit of 1,000 characters in narrative fields) INDIRECT COSTS: 28 of 62VOCA-Specific Instructions Return to Table of Contents Page 239 of 394 De Minimis Indirect Cost Rate Example: ●Agencies that have NEVER had a Federally Approved Indirect Cost Rate Agreement: Agencies may use a de minimis rate of 10% of the Modified Total Direct Cost (MTDC). The MTDC includes all direct salaries and wages, applicable fringe benefits, materials and supplies, travel, and consultants/contracts up to the first $25,000 of each contract. MTDC excludes equipment, capital expenditures, rental costs, tuition, scholarships, participant support costs, and the portion of each consultant/contract in excess of $25,000. ●For more information, please refer to 2CFR200: Uniform Administrative Requirements, Cost Principle and Audit Requirements (Uniform Guidance). For agencies that do not have a federally negotiated rate, and may need more assistance calculating their de minimis rate, OVP has developed an Indirect Cost Calculator Tool. Indirect Cost Rate % Show Indirect Cost Rate Calculation Below Total Indirect 10% De Minimis Indirect Cost Rate $59,850 (Salary/Fringe) + $500 (Supplies and Operating) + $480 (Travel) + $8,000 (Consultants/Contracts) = $68,830 (Total Direct Costs) MTDC Calculation: $68,830 (Total Direct Costs) x 10% = $6,883 Total Project Amount: $68,830 (Total Direct Costs) + $6,883 (MTDC) =$75,713 $6,883 Tribal government applicants or applicants that operate projects on tribal lands are not required to provide match. All other VOCA applicants are required to demonstrate the ability to provide match, which will be used for project-related activities (NEW APPLICANTS: 25% of the total funds requested, which is also calculated by Total CVS Funds Requested ÷ by 3 and for EXISTING GRANTEES: 20% of the total funds requested, which is calculated by Total CVS Funds Requested ÷ by 4). The amount of required match is calculated for you in the Application. Match may be provided in cash or as an in-kind contribution and must be project-related: •Cash Match: A specified amount of non-federal dollars budgeted for the funded project in addition to the grant award amount. Any items paid for with dollars are cash match such as personnel expenses. Possible sources of cash match include Local VALE funds, United Way funds, district attorney’s office local budget, annual fundraiser, other non-federal funds used to pay a portion of the supervisor’s salary for the grant-funded position, the non-grant-funded portion of grant project employee’s salary, or other non-grant-funded portions of the project. •In-Kind Match: A specified amount of non-cash contributions (assigned a dollar value) designated for the funded project in addition to the OVP grant award amount. A good example of in-kind match is unpaid volunteer time that has been assigned a dollar value, based on the agency or market value of the services in your community. The value of the volunteer time should not exceed the amount the agency would pay a staff person to complete the same activities. MATCH BUDGET: 29 of 6229 of 62VOCA-Specific Instructions Return to Table of Contents Page 240 of 394 Helpful Information Regarding Match: •Federal funds may never be used as match for OVP grants. •Round up to the nearest dollar if the cents are $.50 or more. •Do not over-match. Show only the required amount of match in your project budget. An approved cash or in-kind match for an OVP grant may not be used as match for other grants. •Do not under-match. Applicants who are unable to meet the match requirement may request a VOCA Match Requirement Waiver. If you do not provide sufficient match in your application and do not submit a waiver, your request may be reduced to the amount that you indicate you can match. Please download and save the form to your computer before you begin to complete the form. The completed form should be uploaded with your other required attachments in the ZoomGrants system under the “Documents” Tab. Please note the specific parameters below: o Current CVS grantees are expected to provide the same amount of match they are providing in the current CY 2019-2020 grant, except in special circumstances. Complete the match budget using at least the minimum amount, and complete the match waiver for the remaining amount of the match requirement. o New applicants should complete the match budget using the amount of matching funds your agency is able to provide for the two-year grant period and request a waiver for the amount they are unable to provide. •Your accounting records must be able to track the exact matching funds, so it is in your best interest to keep the match as simple as possible. It is encouraged to use either cash or in- kind match (not both) whenever possible and limit the number of budget categories match is provided in. •You are not required to have match in every budget category for which you request grant funds. •Match should be provided by the applicant agency. Match can only be provided by another agency when that agency is a subawardee under the grant. Contact cvsgrants@state.co.us regarding questions on match for subawardees. This table will auto-populate. Applicants will enter the dollar amount from “Total CVS Funds Requested” field in the Application into the “Amount Requested” field in ZoomGrants. ADDITIONAL INFORMATION (Limit of 1,000 characters): Use this narrative section to provide any additional information your agency would like to share regarding your agency’s request for funds, if not already addressed in the Application. GRANT BUDGET SUMMARY: 30 of 6230 of 62VOCA-Specific Instructions Return to Table of Contents Page 241 of 394 If you respond “No” to this question, you are not eligible for SASP funds. Please return to Question 7 to reset your funding source and to Question 4 to reset your project type. Select the option that applies to your agency. 9)LOCATION (Limit of 4,000 characters): Describe the location for the proposed project. Click on the highlighted term and you will be taken to the Glossary of Terms to read a more detailed definition. Information in this section may include: •the geographic distribution and the extent to which victim services of a specific type are available and/or funded in the geographic region; •the population size of the area; •geographical considerations, such as whether an area is geographically isolated by mountain ranges and inclement weather; and •its proximity to other victim services programs, if applicable. 10)PROJECT DESCRIPTION (Limit of 10,000 characters): Describe your proposed project in detail. In a clear and succinct way, explain the project and specific services you are requesting funds for including staff and/or match staff. Describe only the part of your program for which you are requesting funding. Do not include ineligible activities in this section. Click on the highlighted terms and you will be taken to the Glossary of Terms to read more detailed definitions. Applicants should also use this question to specifically address the following criteria (if applicable): •NEED: All services supported through this project must be linked to the recipients’ sexual victimization and be well justified. Need should be described in terms of: o local crime statistics (Resource: Colorado Crime Statistics); o gaps in services; o lack of available funds and resources to support the proposed services; o the employment, education, and income levels of the population and how that may impact the need for services in the area; and o the existence of underserved populations in the area and the resulting need for specialized services. •UNDERSERVED POPULATIONS: Underserved populations include individuals who by virtue of language, ethnicity, race, culture, disability, age, sexual orientation, religion, gender, gender identity, immigrant or alienage status or geographic location may face barriers in accessing and using victim services. *OVP contracted with a Geographic Information Systems (GIS) researcher who divided the state into nine regions and reviewed a multitude of factors for each region, including: population by race, number of older adults, foreign born individuals, education levels, people with disabilities, and several other factors. The GIS Mapbook and the GIS Models are available to you as a resource for completing this section of the Application. •INNOVATION (if applicable): Projects considered innovative are ones that implement methods or strategies that are new, originate with the applicant agency, and/or are an established best practice in other settings but have not been implemented in Colorado before. SASP-SPECIFIC INSTRUCTIONS 7A) ARE YOU A NON-PROFIT AGENCY THAT CAN SERVE ANY AGE SEXUAL ASSAULT VICTIM? 8) DOES YOUR AGENCY CURRENTLY RECEIVE CVS FUNDING (S.T.O.P. VAWA, STATE VALE, VOCA, AND/OR SASP)? 31 of 6231 of 62SASP-Specific Instructions Return to Table of Contents Page 242 of 394 •REPLICABILITY (if applicable): Include information on whether your project can serve as a service delivery model that could potentially provide a guide or toolkit for other programs to use when addressing a similar issue/need. 11)COLLABORATION (Limit of 4,000 characters): Complete this section with examples of how your agency collaborates with partnering agencies to ensure your services and proposed project are designed to promote the safety, confidentiality, and economic independence of sexual assault victims. Examples of collaboration include partnering with agencies on a local Sexual Assault Response Team (SART) and coordinating the delivery of complimentary victim services for sexual assault survivors. If your project is designed to provide services to underserved populations, explain how you have already engaged with this community to ensure successful implementation of your project. Click on the highlighted terms and you will be taken to the Glossary of Terms to read more detailed definitions. Applicants should include the number of primary and secondary victims by crime type by the grant- funded staff requested in the Application during the 24-month grant period. In the subsequent tables, applicants should check the box next to the services that will be provided to victims by grant-funded or match staff. Review the 🛈🛈 symbols throughout the table for guidance. •A primary victim is the individual against whom the crime is committed. The crime does not have to be reported to police, proceed to charges, or result in a guilty verdict for the victim to be considered a victim of sexual assault. It is the act itself that defines a victim. •A secondary victim is an individual who is not the primary victim, but is an individual impacted by the crime who receives services. Examples of secondary victims are immediate family members of a child or adult victim of sexual abuse/assault. A secondary victim may also be someone who witnessed a sexual assault but was not directly victimized. Check the box next to each type of service that victims will receive during the 24-month grant period from grant-funded and/or match personnel. Review the 🛈🛈 symbols throughout the table for guidance. Applicants should include information on how the effectiveness of the requested project will be evaluated, if funded and if applicable, how past evaluation efforts have impacted current service delivery and how it has informed the services being requested in this application. VICTIM SERVICES EVALUATION (Limit of 2,000 characters): 12A) VICTIM SERVICES PROJECT DATA-CRIME TYPES TABLE: 12B) VICTIM SERVICES PROJECT DATA -TYPES OF SERVICES TABLE: Helpful Information Regarding How to Estimate Numbers of Victims and Crime Types in Table 12A: If requesting funds to support 50% of the full-time salary of a direct service victim advocate who will serve a total of 100 victims during the grant year, the estimated number of victims to be served by the grant-funded personnel would be 50% of 100, or 50 victims. Estimate how many of those 50 will be victims of which type(s) of crimes in Table 12A-Victim Services Table-Crime Types. 32 of 62SASP-Specific Instructions Return to Table of Contents Page 243 of 394 Example: Victim Services Evaluation Our demographic data gathered at intake showed that 58% of new victims seeking services were immigrants. This information showed us that we needed to increase our staff’s cultural competency and knowledge regarding immigrant sexual assault victims’ needs, so we are requesting to attend X Conference. In order to evaluate the impact that additional training and conference attendance have on our ability to better serve this population of survivors, we will also be administering a voluntary satisfaction survey to immigrant survivors evaluating whether they feel that our staff was culturally responsive and the services offered met their needs. 13) PREVIOUS PERFORMANCE (Limit of 4,000 characters in narrative fields): These questions appear based on your response to Question 8 in the Application and are only required for existing CVS grantees. Questions 13A and 13B are regarding your agency’s performance during the CY 2017-2018 and CY 2019- 2020 award periods. Question 13C applies to applicants who are requesting an increase in funding over their current level of funding and should be used to explain why an increase is needed. The total 24-month budget is divided into 6 budget categories: Personnel, Supplies and Operating, Travel, Equipment, Consultants/Contracts, and Indirect Costs. Each budget category has a limit on the number of line items that can be requested. Refer to the budget category headings within the Application for additional details. All figures should be reported in whole dollars. Round up to the nearest dollar if the cents are $.50 or more. Match is not required under this funding source. The 🛈🛈 symbol is used extensively throughout the budget in the Application. Review each 🛈🛈 symbol to understand what information should be provided in each budget category. SASP BUDGET (Limit of 1,000 characters in narrative fields): Special Considerations and Helpful Resources to Use When Completing Your Budget: •PRORATED COSTS: When requesting support for items or expenses that are not wholly dedicated to the requested project, applicants should prorate the amount of the item in their requested budget. For example, if an agency is requesting support for printing costs on a centralized printer, consider using copier codes to allocate project-related printing expenses to the grant. •EMERGENCY FINANCIAL ASSISTANCE FOR VICTIMS: If requesting support for emergency financial assistance, applicants should include these costs as one line item under the “Supplies and Operating” section of the budget. Applicants should review the Best Practices for Agencies Expending Grant Funds for Financial Assistance for Victims Packet to understand the back-up documentation requirements associated with receiving these types of funds to and ensure that the agency has the capacity to maintain and provide this documentation to OVP when requested. 33 of 62SASP-Specific Instructions Return to Table of Contents Page 244 of 394 De Minimis Indirect Cost Rate Example: Federal Financial Guidelines allow applicants to request indirect costs as a part of their grant budget. Applicants are not required to request indirect costs. There are two ways to calculate an indirect cost rate: •Agencies with a Federally Negotiated Cost Rate: If an agency has a current federally negotiated cost rate because the grantee already receives funds directly from a federal agency, this negotiated cost rate will be honored. Applicants must upload a copy of their cost rate agreement under the “Documents” Tab in ZoomGrants. •Agencies that have NEVER had a federally approved indirect cost rate agreement: Agencies may use a de minimis rate of 10% of the Modified Total Direct Cost (MTDC). The MTDC includes all direct salaries and wages, applicable fringe benefits, materials and supplies, travel, and consultants/contracts up to the first $25,000 of each contract. MTDC excludes equipment, capital expenditures, rental costs, tuition, scholarships, participant support costs, and the portion of each consultant/contract in excess of $25,000. ●For more information, please refer to 2CFR200: Uniform Administrative Requirements, Cost Principle and Audit Requirements (Uniform Guidance). For agencies that do not have a federally negotiated rate, and may need more assistance calculating their de minimis rate, OVP has developed an Indirect Cost Calculator Tool. Indirect Cost Rate % Show Indirect Cost Rate Calculation Below Total Indirect 10% De Minimis Indirect Cost Rate $59,850 (Salary/Fringe) + $500 (Supplies and Operating) + $480 (Travel) + $8,000 (Consultants/Contracts) = $68,830 (Total Direct Costs) MTDC Calculation: $68,830 (Total Direct Costs) x 10% = $6,883 Total Project Amount: $68,830 (Total Direct Costs) + $6,883 (MTDC) =$75,713 $6,883 •TRAVEL EXPENSES: Your agency should use the per diem and mileage rates outlined in your established written travel policy for calculations. If your agency does not have an established travel policy, utilize State travel rates for in-state travel found at https://www.colorado.gov/pacific/osc/mileage-reimbursement-rate and https://drive.google.com/file/d/0B4QNASeYliFbMHQ0cDVzTWJfeTdSem1mTU12YzU3Vk0wOEZF /view. •CONSULTANTS/CONTRACTS EXPENSES: Professional services should be procured competitively using your agency’s procurement policy. If requesting support for sole source contracts, provide justification. For more detailed information on the procurement of services and goods, please see the DOJ Grants Financial Guide, Section 3.8 (https://ojp.gov/financialguide/doj/pdfs/DOJ_FinancialGuide.pdf). INDIRECT COSTS: 34 of 62SASP-Specific Instructions Return to Table of Contents Page 245 of 394 This table will auto-populate. Applicants will enter the dollar amount from “Total CVS Funds Requested” field in the Application into the “Amount Requested” field in ZoomGrants. Use this narrative section to provide any additional information your agency would like to share regarding your agency’s request for funds, if not already addressed in the Application. GRANT BUDGET SUMMARY: ADDITIONAL INFORMATION (Limit of 1,000 characters): 35 of 6235 of 62SASP-Specific Instructions Return to Table of Contents Page 246 of 394 ATTACHMENTS Required attachments and should be submitted in conjunction with your application in ZoomGrants by uploading the Attachments into the “Documents” Tab by the deadline of 11:59 p.m. on Tuesday, February 18, 2020. Your application will be considered incomplete unless all required items are included. Attachments that require you to use a template can be downloaded via the links below or can be found in ZoomGrants under the “Documents” Tab. Files over 6MB in size are too large to upload into ZoomGrants. Contact DCJGMS@state.co.us if issues uploading occur. Required Attachments for ALL Applicants: •Application for CY 2021 & CY 2022 Crime Victim Services (CVS) Grant Program Funds •Financial Management Questions (download and save template to your computer) •Most Recent Audit or Financial Review & Management Letter. The Division of Criminal Justice requires all grantees to submit a current formal financial review (agencies with annual revenue of $300,000 or less) or audit report (agencies with an annual revenue of $300,000 or more) with an accompanying management letter every year. *If your file exceeds the limitations of the ZoomGrants system, follow the prompts under in the “File Upload Window” to upload a link to the materials, or upload a Word document with the link to the materials’ location on the Internet. Additional Required Attachments based on Project-Specifics: •Organizational Chart (required if requesting personnel or using personnel as match; highlight grant- requested/match personnel) •Job Description(s) for Grant-Funded Personnel & Match Staff/Volunteers (if applicable) •Sample Timesheet for personnel or volunteers used as match meeting grant requirements (view an example of a timesheet and/or review a list of timesheet requirements) •Current Federally Negotiated Indirect Cost Rate Agreement (if applicable) 36 of 62Attachments Return to Table of Contents Page 247 of 394 Required Attachments for NONPROFITS only: •Sources of Income Table (download and save template to your computer) •Board Member List •Secretary of State Certificate of Good Standing (www.sos.state.co.us) •Proof of nonprofit status (501c3 determination letter) VOCA-Specific Additional Attachments (if applicable): •Volunteer Job Description(s). Applicants must use volunteers in some capacity within their organization to be eligible for VOCA funding or must submit the VOCA Volunteer Requirement Waiver •VOCA Match Requirement Waiver •Public Awareness Campaign Documents. Applicants applying for support of statewide, multijurisdictional, or regional public awareness campaigns have the option to include supporting documents (e.g. projected implementation plan) for the proposed public awareness campaign 37 of 6237 of 62Attachments Return to Table of Contents Page 248 of 394 UPLOADING & SUBMITTING IN ZOOMGRANTS Applicants must upload the Application and all required attachments into ZoomGrants in order to submit their application for review. •If you already have a ZoomGrants account, review the Quick Start Guide for Existing Grantees. •If you do not have a ZoomGrants account, review the Quick Start Guide for New Agencies. •For more detailed instructions and job aids on navigating ZoomGrants, visit https://www.colorado.gov/pacific/dcj/grant-training-materials. •For ZoomGrants-related technical assistance questions, contact DCJGMS@state.co.us or 303.239.5830. Applicants will be unable to submit their application if a required Attachment is not uploaded. Once all required attachments have been uploaded, applicants can submit their application and Attachments for review by clicking the “Submit Now” button. All materials (Application and Attachments) must be uploaded and submitted in ZoomGrants by 11:59 p.m. on Tuesday, February 18, 2020. 38 of 6238 of 62Uploading & Submitting in ZoomGrants Return to Table of Contents Page 249 of 394 APPENDIX ●Funding Philosophy ●Organizational Requirements ●Eligibility Guidelines and Allowable Activities by Funding Source •S.T.O.P. Violence Against Women Act (S.T.O.P. VAWA) •State Victim and Law Enforcement (State VALE) •Victims of Crime Act ((VOCA Assistance)) •Sexual Assault Services Program (SASP) ●Definitions of Crime Types 39 of 62Appendix Return to Table of Contents Page 250 of 394 FUNDING PHILOSOPHY The funding philosophy of the Crime Victim Services Advisory Board (CVSAB) is to allocate state and federal grant funds across all judicial districts in Colorado through an objective, criteria-based process involving statewide, multi-disciplinary reviewers, victims and survivors of crime, and representatives of underserved populations, in accordance with state and federal requirements and intended uses of the funds. Criteria for Review of Applications: Applications are reviewed based on a set list of criteria by OVP staff and members of the CVSAB, which serves in an advisory capacity to DCJ. Review Criteria (in order of importance): •Eligibility: The project meets the eligibility criteria of at least one of the four funding sources administered by OVP. •Organizational Capacity: The applicant is qualified to implement the proposed project as evidenced in the agency description & qualifications; past performance as a grantee; and completeness and accuracy of the Application, including Attachments. •Need: The applicant has demonstrated the community’s need for the project as evidenced in the Application. •Core Services: The project provides core services for crime victims, defined as those services essential to ensuring a victim’s health and safety. •Underserved Population(s): The project actively addresses the needs of underserved populations. Underserved populations include individuals who by virtue of language, ethnicity, race, culture, disability, age, sexual orientation, religion, gender, gender identity, immigrant or alienage status or geographic location may face barriers in accessing and using victim services. •Location: Consideration of statewide distribution of CVS funds and the extent to which the proposed victim services are available and/or funded in the geographic region. •Demonstrated Impact: The project involves an evidence-based and/or evidence-informed practice (i.e. impact of intended strategy has been validated) or involves a comprehensive evaluation component. •Innovation: The project involves an innovative service delivery model that has not previously been implemented in Colorado. •Reviewer Knowledge: Consideration of reviewer knowledge of the applicant’s performance within the community, including knowledge of quality service provision or innovative practices employed by applicant agency; or knowledge of lack of quality service provision by applicant agency (could include lack of collaboration, organizational instability that is affecting service delivery, or other similar issue(s)). •Replicability: The project involves a service delivery model that could potentially provide a guide or toolkit for other programs to use when addressing a similar issue/need. Additional Review Criteria for State VALE Applications: •The extent to which the Application demonstrates a benefit to the provision of victim services for the entire state or the majority of judicial districts. •The extent to which the project addresses an identified statewide need or deficiency. •Victim service projects that may be considered ineligible for other CVS funding sources. 40 of 62Funding Philosophy Return to Table of Contents Page 251 of 394 Additional Review Criteria for S.T.O.P. VAWA Applications: •The extent to which the Application is in alignment with S.T.O.P. VAWA Implementation Plan. •The extent to which the Application is in compliance with the required categories and percentages. Rejection of Proposals: The State of Colorado reserves the right to reject any or all proposals, to waive informalities and minor irregularities in proposals received, and to accept any portion of a proposal or all items proposed, if deemed in the best interest of the State of Colorado to do so. Failure of the applicant to provide information requested in the Application shall be the responsibility of the applicant agency, and may result in disqualification of the applicant. The fact that an applicant meets the eligibility requirements and applies for eligible services, does not guarantee funding. Some CVS funding sources are limited and proposals may be rejected based on a lack of available funds. 41 of 62Funding Philosophy Return to Table of Contents Page 252 of 394 ORGANIZATIONAL REQUIREMENTS All applicant agencies must meet the following organizational requirements: ●Capacity: Applicants must demonstrate that the agency and staff have the ability, expertise, and experience necessary to effectively provide the proposed services and administer the project. ●Non-Supplanting: CVS grant funds may not be used to supplant or substitute federal, state and/or local government funds that would otherwise be available for crime victim assistance services. Grant funds are intended to enhance or expand services. ●Sound Financial Management: Each applicant is required to meet federal and state requirements for managing CVS grant funds as they appear in the Application or required attachments. Applicants should be able to demonstrate substantial financial support from other sources. ●Colorado Victim Rights Act: CVS grant-funded agencies must assure that all staff and volunteers have read and understand the Colorado Victim Rights Act and enabling legislation (C.R.S. 24-4.1.301 et seq). ●No Charge to Crime Victims for CVS Funded Projects/Services: CVS grant-funded projects must provide services to crime victims, at no charge. ●Confidentiality and Personally Identifying Information: CVS grant-funded agencies must comply with applicable laws, regulations, special conditions, grant requirements, etc. regarding confidentiality and/or personally identifying information. 42 of 62Organizational Requirements Return to Table of Contents Page 253 of 394 ELIGIBILITY GUIDELINES AND ALLOWABLE ACTIVITIES BY FUNDING SOURCE Review the eligibility guidelines and allowable activities by funding source. •S.T.O.P. Violence Against Women Act (S.T.O.P. VAWA) •State Victim and Law Enforcement (State VALE) •Victims of Crime Act (VOCA Assistance) •Sexual Assault Services Program (SASP) 43 of 6243 of 62Eligibility Guidelines & Allowable Activities by Funding Source Return to Table of Contents Page 254 of 394 S.T.O.P. VIOLENCE AGAINST WOMEN ACT (S.T.O.P. VAWA) Purpose The overall purpose of the S.T.O.P. VAWA program is to coordinate and integrate law enforcement, prosecution, judicial efforts, and victim services to identify and respond to crimes of violence against women. Federal financial assistance is provided to states for developing and strengthening effective law enforcement, prosecution, and judicial strategies and victim services in cases involving violent crimes against women, defined as domestic violence, dating violence, sexual assault, and stalking. Allocation of Funds Each state must allocate the VAWA funds in the following manner: 25% to prosecution projects 25% to law enforcement projects 30% to victim services projects (10% of which must be distributed to programs whose primary purpose is to work with culturally specific populations – defined as racial and ethnic minorities) 5% for state and local courts and judicial project Match Requirements Federal VAWA statutes require all applicant agencies, except victim services agencies and tribes*, to provide matching funds for their VAWA project. 25% of the total VAWA project budget must be provided in cash or in-kind match. These funds may be either cash match from a non-federal source or in-kind match, which consists of non-cash donations. The match must be spent on VAWA project activities and must be expended within the grant period. Federal Purpose Areas Projects funded with federal VAWA funds must meet one or more of the following twenty federal purpose areas. These federal purpose areas are not listed in any particular order of importance. 1.Training law enforcement officers, judges, other court personnel, and prosecutors to more effectively identify and respond to violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking, including the appropriate use of nonimmigrant status under subparagraphs (T) and (U) of section 1101(a) (15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). 2.Developing, training, or expanding units of law enforcement officers, judges, other court personnel, and prosecutors specifically targeting violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking. 3.Developing and implementing more effective police, court, and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking, as well as the appropriate treatment of victims. 4.Developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts or for the purpose of identifying, 44 of 62S.T.O.P. Violence Against Women Act Return to Table of Contents Page 255 of 394 classifying, and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking. 5.Developing, enlarging, or strengthening victim services and legal assistance programs, including sexual assault, domestic violence, dating violence, and stalking programs, developing or improving delivery of victim services to underserved populations, providing specialized domestic violence court advocates in courts where a significant number of protection orders are granted, and increasing reporting and reducing attrition rates for cases involving violent crimes against women, including crimes of domestic violence, dating violence, sexual assault, and stalking. 6.Developing, enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with violent crimes against women, including the crimes of domestic violence, dating violence, sexual assault, and stalking. 7.Supporting formal and informal statewide, multidisciplinary efforts, to the extent not supported by state funds, to coordinate the response of state law enforcement agencies, prosecutors, courts, victim services agencies, and other state agencies and departments, to violent crimes against women, including the crimes of sexual assault, domestic violence, dating violence, and stalking. 8.Training of sexual assault forensic medical personnel/examiners in the collection and preservation of evidence, analysis, prevention, and providing expert testimony and treatment of trauma related to sexual assault. 9.Developing, enlarging, or strengthening programs to assist law enforcement, prosecutors, courts, and others to address the needs and circumstances of older and disabled women who are victims of domestic violence, dating violence, sexual assault, or stalking, including recognizing, investigating, and prosecuting instances of such violence or assault and targeting outreach and support, counseling, and other victim services to such older and disabled individuals. 10.Providing assistance to victims of domestic violence and sexual assault in immigration matters. 11.Maintaining core victim services and criminal justice initiatives, while supporting complementary new initiatives and emergency services for victims and their families. 12.Supporting the placement of special victim assistants (to be known as “Jessica Gonzales Victim Assistants”) in local law enforcement agencies to serve as liaisons between victims of domestic violence, dating violence, sexual assault, and stalking and personnel in local law enforcement agencies in order to improve the enforcement of protection orders. Jessica Gonzales Victim Assistants shall have expertise in domestic violence, dating violence, sexual assault, or stalking and may undertake the following activities a.developing, in collaboration with prosecutors, courts, and victim service providers, standardized response policies for local law enforcement agencies, including the use of evidence-based indicators to assess the risk of domestic and dating violence homicide and prioritize dangerous or potentially lethal cases; b.notifying persons seeking enforcement of protection orders as to what responses will be provided by the relevant law enforcement agency; c.referring persons seeking enforcement of protection orders to supplementary services (such as emergency shelter programs, hotlines, or legal assistance services); and d.taking other appropriate action to assist or secure the safety of the person seeking 45 of 62S.T.O.P. Violence Against Women Act Return to Table of Contents Page 256 of 394 enforcement of a protection order. 13.Providing funding to law enforcement agencies, victim services providers, and State, tribal, territorial, and local governments (which funding stream shall be known as the Crystal Judson Domestic Violence Protocol Program) to promote: a.the development and implementation of training for local victim domestic violence service providers, and to fund victim services personnel, to be known as “Crystal Judson Victim Advocates,” to provide supportive services and advocacy for victims of domestic violence committed by law enforcement personnel; b.the implementation of protocols within law enforcement agencies to ensure consistent and effective responses to the commission of domestic violence by personnel within such agencies (such as the model policy promulgated by the International Association of Chiefs of Police (“Domestic Violence by Police Officers: A Policy of the IACP, Police Response to Violence Against Women Project” July 2003)); c.the development of such protocols in collaboration with State, tribal, territorial and local victim service providers and domestic violence coalitions. 14.Any law enforcement, State, tribal, territorial, or local government agency receiving funding under the Crystal Judson Domestic Violence Protocol Program under paragraph (13) shall on an annual basis, receive additional training on the topic of incidents of domestic violence committed by law enforcement personnel from domestic violence and sexual assault nonprofit organizations and, after a period of 2 years, provide a report of the adopted protocol to the Department of Justice, including a summary of progress in implementing such protocol. 15.Developing and promoting State, local, or tribal legislation and policies that enhance best practices for responding to domestic violence, dating violence, sexual assault, and stalking. 16.Developing, implementing, or enhancing Sexual Assault Response Teams, or other similar coordinated community responses to sexual assault. 17.Developing and strengthening policies, protocols, best practices, and training for law enforcement agencies and prosecutors relating to the investigation and prosecution of sexual assault cases and the appropriate treatment of victims. 18.Developing, enlarging, or strengthening programs addressing sexual assault against men, women, and youth in correctional and detention settings. 19.Identifying and conducting inventories of backlogs of sexual assault evidence collection kits and developing protocols and policies for responding to and addressing such backlogs, including protocols and policies for notifying and involving victims. 20.Developing, enlarging, or strengthening programs and projects to provide services and responses targeting male and female victims of domestic violence, dating violence, sexual assault, or stalking, whose ability to access traditional services and responses is affected by their sexual orientation or gender identity, as defined in section 249(c) of title 18, United States Code. 21.Developing, enhancing, or strengthening prevention and educational programming to address domestic violence, dating violence, sexual assault, or stalking, with not more than 5 percent of the amount allocated to a State to be used for this purpose. Eligible Services A wide variety of services are eligible to be paid with S.T.O.P. VAWA funds. The following list is an example of these services by funding category. This list is not all inclusive. 46 of 62S.T.O.P. Violence Against Women Act Return to Table of Contents Page 257 of 394 Victim Services: Hotline services, crisis intervention, hospital response, counseling/support, criminal justice advocacy, court accompaniment, civil legal assistance, victim/witness notification, victim/survivor advocacy, emergency shelter, and restraining order assistance. Law Enforcement Services: Response to 911 and other calls for assistance, incident reports, case investigation, arrests of offenders – including bail bond and probation violations, serving protection orders, issuing protection orders, enforcement of warrants, case referrals to prosecutor, and case referrals of federal firearms charges to federal prosecutor. Prosecution Services: Domestic violence fast track prosecutions, specialized prosecutor for domestic violence and/or sexual assault cases, specialized investigations for domestic violence/sexual assault cases, training, mentoring, and participation on multidisciplinary committees to address domestic violence, sexual assault, stalking and dating violence. Probation Services: Face-to-face meetings with offenders, telephone contact with offenders, unscheduled surveillance of offenders, and outreach to victims/survivors. Court Services: Tracking of domestic violence, sexual assault, stalking and dating violence offenders; specialized training programs; and specialized court activities as they relate to domestic violence, sexual assault, stalking and dating violence cases (e.g. benchbook updates). Discretionary Services: Sexual Assault Nurse Examiner (SANE) services, Sexual Assault Forensic Examiner (SAFE) services, coordination of multidisciplinary teams/taskforces, and training activities. Unallowable Costs & Activities include, but may not be limited to: ●Lobbying ●Physical modifications to buildings, including minor renovations ●Research projects ●Fundraising ●Activities that compromise victim safety ●(e.g. couples counseling, etc.) ●Most food and refreshments ●Immigration fees ●Overtime pay, unless authorized in advance, in writing ●Law enforcement equipment ●Public awareness/community education campaigns ●Development of and/or presentation of domestic violence, sexual assault, stalking or dating violence curriculums in schools VAWA 2013 Reauthorization The federal statutes that oversee the VAWA program were reauthorized by Congress in calendar year 2013. There are several changes that impact the VAWA program as a result of the reauthorization. These include the following: 1.The minimum age to receive services through a VAWA-funded program has been reduced from 13 to 11 years old. 2.A small percentage of VAWA funds (5%) may be used for prevention and educational programs that address domestic violence, dating violence, sexual assault or stalking. 3.Twenty percent of the grant funds must be used for sexual assault programs. 4.The addition of new purpose areas (numbers 14 - 20 above) that expand the types of programs that can be funded through VAWA. 5.New definitions regarding: culturally specific and population specific. Culturally specific now means racial and ethnic minorities from the following racial/ethnic groups: American Indian, Asian, Hawaiian, African American, Hispanic (any Spanish-speaking country & Mexican, Puerto Rican). 47 of 62S.T.O.P. Violence Against Women Act Return to Table of Contents Page 258 of 394 6.Ten percent of the amount allocated for victim services must be allocated to programs whose primary purpose is the serve culturally specific populations. Population specific now means programs that primarily serve a specific, underserved population such as deaf and disabled victims, elderly victims, rural victims, etc. There is no minimum allocation requirement of VAWA funds for population specific programs. S.T.O.P. Violence Against Women Act 48 of 62 Return to Table of Contents48 of 62 Page 259 of 394 STATE VICTIM ASSISTANCE & LAW ENFORCEMENT (STATE VALE) Purpose The purpose of State VALE funds is to provide funding for programs that implement statutory rights for crime victims and/or coordinate or provide services to crime victims on a statewide or multi- jurisdictional basis. Allocation of Funds State VALE does not have specific allocation requirements. Match Requirements There are no match requirements for State VALE funds. Because it is not known which funding source may fund an applicant at the time the Application is submitted to the Office for Victims Programs, all applicants are required to include match on their application. Purpose Areas 1.Projects that are statutorily mandated to implement the Victim Rights Act statewide. 2.Projects designed to have a statewide or multi-jurisdictional impact. 3.Projects that improve the coordination of victim services and criminal justice-based victim services. 4.Projects that provide greater understanding of the Victim Rights Act. Eligible Agencies 1.A Colorado state criminal justice agency that implements the Victim Rights Act; or 2.An organization whose proposed project helps implement or coordinate statewide or multi- jurisdictional victim programs and services. Unallowable Costs & Activities include, but may not be limited to: •Lobbying and/or Fundraising •Research projects IMPORTANT: All state government agencies applying for State VALE funds must obtain spending authority in their agency’s annual budget to receive State VALE dollars. This requirement only applies to state government agencies. 49 of 62State Victim Assistance & Law Enforcement Return to Table of Contents Page 260 of 394 VICTIMS OF CRIME ACT (VOCA ASSISTANCE) History The Victims of Crime Act (VOCA) was passed by Congress and signed into law by President Reagan on October 12, 1984. This Act serves as the central source of federal financial support for direct services to victims of crime. VOCA is administered at the federal level through the U.S. Department of Justice, Office for Victims of Crime (OVC) which annually awards a grant to each State, the District of Columbia and U.S. Territories. Those state agencies, in turn, subgrant to organizations that provide direct services to victims of crime. Money for these grants comes from the Crime Victims Fund, a special fund consisting of fines, penalty assessments, and bond forfeitures collected from convicted federal offenders. Taxpayers do not fund VOCA grants. Each state has a designated agency to administer VOCA grants. While federal requirements must be met, each state is given discretion in awarding specific subgrants. The Colorado Division of Criminal Justice, Office for Victims Programs (OVP) is the designated agency for the administration of VOCA funds in the State of Colorado. The Crime Victim Services Advisory Board (CVSAB) serves as the body that reviews grant applications and makes funding recommendations for OVP. Purpose The primary purpose of the VOCA assistance grants is to support the provision of services to victims of crime throughout the nation. Services are defined, in the federal VOCA statute, as those efforts that (1)respond to the emotional, psychological or physical needs of crime victims; (2) assist victims of crime to stabilize their lives after a victimization; (3) assist victims to understand and participate in the criminal justice system; and (4) restore a measure of security and safety for victims. For the purpose of the VOCA crime victim assistance grant program, a crime victim is a person who has suffered physical, sexual, financial, or emotional harm as a result of the commission of a crime. This definition also includes secondary victims. Allocation of Funds Each state must allocate a minimum of 10% of its VOCA funds to each of four priority categories: 1.sexual assault 2.spousal abuse 3.child abuse (sexual and physical); and 4.previously underserved victim populations. Match Requirements Matching contributions of 20% for current grantees or 25% for applicants that do not currently receive VOCA funding (cash or in-kind) of the total cost of each VOCA project (VOCA grant plus match) are required for each VOCA-funded project and must be derived from non-federal sources. All funds designated as match are restricted to the same uses as the VOCA victim assistance funds and must be 50 of 6250 of 62Victims of Crime Act Return to Table of Contents Page 261 of 394 expended within the grant period. Match must be provided on a project-by-project basis. Any deviation from this policy must be approved by the U.S. Department of Justice, Office for Victims of Crime (OVC). Eligibility Criteria VOCA establishes eligibility criteria that must be met by all organizations that receive VOCA funds. Organizations must meet the following requirements: 1.Public or Nonprofit Organization: To be eligible to receive VOCA funds, the project must be provided by a public or nonprofit organization or a combination of such organizations, and provide services to crime victims. 2.Record of Effective Services to Crime Victims and Financial Support from Sources other than VOCA: The agency must demonstrate a record of providing effective services to crime victims. This includes having the support and approval of its direct services by the community, a history of providing direct services in a cost-effective manner, and the breadth and depth of its financial support comes from sources other than VOCA (aka the Crime Victims Fund). 3.Substantial Financial Support from Sources Other than VOCA: Those programs that have not yet demonstrated a record of providing services may be eligible to receive VOCA funding, if they can demonstrate that at least 25% of their funding comes from sources other than VOCA. 4.Volunteers: Funded organizations must use volunteers unless the state (DCJ/OVP) determines there is a compelling reason to waive this requirement. A compelling reason may be a statutory or contractual provision concerning liability or confidentiality of counselor/victim information, which bars using volunteers for certain positions, or the inability to recruit and maintain volunteers after a sustained and aggressive effort. The agency requesting a waiver must provide written documentation of its efforts to recruit and maintain volunteers, or otherwise demonstrate why circumstances prohibit the use of volunteers to the satisfaction of the state. 5.Promote Community Efforts to Aid Crime Victims: Promote, within the community, coordinated public and private efforts to aid crime victims. Coordination may include, but is not limited to, serving on state, federal, local, or tribal work groups to oversee and recommend improvements to community responses to crime victims, and developing written agreements and protocols for such response. 6.Help Victims Apply for Compensation Benefits: Such assistance may include identifying and notifying crime victims of the availability of compensation, assisting them with application forms and procedures, obtaining necessary documentation, checking on claim status and intervening on behalf of such potential recipients with the crime victims’ compensation program. 7.No Charge to Victims for VOCA-Funded Services: Grantees must provide services to crime victims at no charge when victims are being served through a VOCA-funded project. Eligible Agencies VOCA specifies that an organization must provide services to crime victims and be operated by a public agency or nonprofit organization, or a combination of such agencies or organizations in order to be eligible to receive VOCA funding. The types of organizations eligible to receive funds include, but are not limited to: sexual assault and rape crisis centers, domestic violence programs and shelters, child abuse programs, centers for missing children, mental health services, and other community-based victim coalitions and support organizations including those who serve survivors of homicide victims. 51 of 6251 of 62Victims of Crime Act Return to Table of Contents Page 262 of 394 In addition to victim services organizations, there are many other public and nonprofit organizations that have components which offer services to crime victims. These organizations are eligible to receive VOCA funds, if the funds are used to expand or enhance the delivery of direct crime victims' services. These organizations include, but are not limited to, the following: criminal justice agencies, religiously-affiliated organizations, state crime victim compensation agencies, hospitals and emergency medical facilities, and state and local public agencies such as mental health service organizations, state/local public child and adult protective services, state grantees, legal services agencies and programs with a demonstrated history of advocacy on behalf of domestic violence victims, and public housing authorities that have staff specifically trained to serve crime victims. Please see the 2016 VOCA Rule for further detailed criteria on eligible agencies at: https://www.gpo.gov/fdsys/pkg/FR- 2016-07-08/pdf/2016-16085.pdf Ineligible Agencies Some public and nonprofit organizations that offer services to crime victims are not eligible to receive VOCA victim assistance funding. These organizations include, but are not limited to, the following: 1.Federal Agencies: This includes U.S. Attorneys’ Offices and FBI Field Offices. Receipt of VOCA funds would constitute an augmentation of the federal budget with money intended for state agencies. However, private, nonprofit organizations that operate on federal land may be eligible recipients of VOCA victim assistance grant funds. 2.For Profit Organizations Eligible Services/Purpose Areas 1.Allowable Costs for Direct Services: Direct services for which VOCA funds may be used include, but are not limited to, the following: a.Immediate Emotional, Psychological, and Physical Health and Safety: Services that respond to the immediate needs (other than medical care, except as allowed under paragraph (a)(9) of this section) of crime victims, including, but not limited to: 1. Crisis intervention services 2. Accompanying victims to hospitals for medical examinations 3. Hotline counseling 4. Safety planning 5. Emergency food, shelter, clothing, and transportation, and shelter 6. Short-term (up to 45 days) in home care and supervision services for children and adults who remain in their own homes when the offender/caregiver is removed 7. Short-term (up to 45 days) nursing home, adult foster care, or group-home placement for adults for whom no other safe, short term residence is available 8. Window, door or lock replacement or repair, and other repairs necessary to ensure a victim’s safety. 9. Costs of the following, on an emergency basis (i.e. when the victim compensation program, the victim’s (or in the case of a minor child, the victim’s parent’s or guardian’s) health insurance plan, Medicaid, or other health care funding source, is not reasonably expected to be available quickly enough to meet the emergency needs of a victim (typically within 48 hours of the crime); non-prescription and prescription 52 of 62Victims of Crime Act Return to Table of Contents Page 263 of 394 medicine, prophylactic or other treatment to prevent HIV/AIDS infection or other infectious disease, durable medical equipment (such as wheelchairs, crutches, hearing aids, eyeglasses), and other healthcare items are allowed 10.Emergency legal assistance such as filing for restraining or protective orders and obtaining emergency custody and visitation rights. b.Personal Advocacy and Emotional Support: Personal advocacy and emotional support, including, but not limited to: 1.Working with a victim to assess the impact of the crime 2.Identification of victim’s needs 3.Case management 4.Management of practical problems created by the victimization 5.Identification of resources available to the victim 6.Provision of information, referrals, advocacy, and follow up contact for continued services, as needed 7.Traditional, cultural, and/or alternative therapy/healing c.Mental Health Counseling and Care: Mental health counseling and care, including, but not limited to, outpatient therapy/counseling (including, but not limited to, substance abuse treatment so long as the treatment is directly related to the victimization) provided by a person who meets professional standards to provide these services in the jurisdiction in which the care is administered. d.Peer Support: Peer support, including, but not limited to, activities that provide opportunities for victims to meet other victims, share experiences, and provide self-help, information, and emotional support e.Facilitation of Participation in Criminal Justice and Other Public Proceedings Arising from the Crime: The provision of services and payment of costs that help victims participate in the criminal justice system and in other public proceedings arising from the crime (e.g. juvenile justice hearings, civil commitment proceedings), including, but not limited to: 1.Advocacy on behalf of a victim 2.Accompanying a victim to offices and court 3.Transportation, meals and lodging to allow a victim who is not a witness to participate in a proceeding 4.Interpreting for a non-witness victim who is deaf or hard of hearing, or with limited English proficiency 5.Providing child care and respite care to enable a victim who is a caregiver to attend activities related to the proceeding 6.Notification to victims regarding key proceeding dates (e.g. trial dates, case disposition, incarceration, and parole hearings) 7.Assistance with Victim Impact Statements 8.Assistance in recovering property that was retained as evidence 9.Assistance with restitution advocacy on behalf of crime victims f.Legal Assistance: Legal assistance services (including, but not limited to, those provided on an emergency basis), where reasonable and where the need for such services arises as a direct result of the victimization. Such services include, but are not limited to: 53 of 6253 of 62Victims of Crime Act Return to Table of Contents Page 264 of 394 1.Those (other than criminal defense) that help victims assert their rights as victims in a criminal proceeding directly related to the victimization, or otherwise protect their safety, privacy, or other interests as victims in such a proceeding 2.Motions to vacate or expunge a conviction, or similar actions, where the jurisdiction permits such a legal action based on a person’s being a crime victim, and 3.Those actions (other than tort actions) that, in the civil context, are reasonably necessary as a direct result of the victimization g.Forensic Medical Evidence Collection Examinations: Forensic medical evidence collection examinations for victims to the extent that other funding sources are insufficient. Forensic medical evidence collection examiners are encouraged to follow relevant guidelines or protocols issued by the state or local jurisdiction. Agencies are encouraged to provide appropriate crisis counseling and/or other types of victim services that are offered to the victim in conjunction with the examination. Agencies are also encouraged to use specifically trained examiners such as Sexual Assault Nurse Examiners. h.Forensic Interviews: Forensic interviews, with the following parameters: 1.Results of the interview will be used not only for law enforcement and prosecution purposes, but also for identification of needs such as social services, personal advocacy, case management, substance abuse treatment, and mental health services 2.Interviews are conducted in the context of a multidisciplinary investigation and diagnostic team or in a specialized setting such as a child advocacy center, and 3.The interviewer is trained to conduct forensic interviews appropriate to the developmental age and abilities of children, or the developmental, cognitive, and physical or communication disabilities presented by adults. i.Transportation: Transportation of victims to receive services and to participate in criminal justice proceedings j.Public Awareness: Public awareness and education presentations (including, but not limited to, the development of presentation materials, brochures, newspaper notices, and public service announcements) in schools, community centers, and other public forums that are designed to inform crime victims of specific rights and services and provide them with (or refer them to) services and assistance. k.Transitional Housing: Subject to any restrictions on amount, length of time and eligible crimes, set by the state, transitional housing for victims (generally, those who have a particular need for such housing, and who cannot safely return to their previous housing, due the circumstances of their victimization), including, but not limited to, travel, rental assistance, security deposits, utilities, and other costs incidental to the relocation to such housing, as well as voluntary support services such as childcare and counseling l.Relocation: Subject to any restrictions on amount, length of time, and eligible crimes, set by the state, relocation of victims (generally, where necessary for the safety and well-being of a victim), including, but not limited to, reasonable moving expenses, security deposits on housing, rental expenses, and utility startup costs. 2.Allowable Costs for Activities Supporting Direct Services: Supporting activities for which VOCA funds may be used include, but are not limited to, the following: a.Coordination of activities: Coordination activities that facilitate the provision of direct services, include, but are not limited to, 1.Statewide coordination of victim notification systems 2.Crisis response teams 54 of 62Victims of Crime Act Return to Table of Contents Page 265 of 394 3.Multidisciplinary teams 4.Coalitions to support and assist victims 5.Other such programs, and 6.Salaries and expenses of coordinators of these activities b.Supervision of Direct Service Providers: Payment of salaries and expenses of supervisory staff in a project, when the state determines that such staff is necessary and effectively facilitates the provision of direct services. c.Multisystem, interagency, multidisciplinary response to crime victim needs: Activities that support a coordinated and comprehensive response to crime victims needs by direct service providers, including, but not limited to, payment of salaries and expenses of direct service staff serving on child and adult abuse multidisciplinary investigation and treatment teams, coordination with federal agencies to provide services to victims of federal crimes and/or participation on statewide or other task forces, work groups, and committees to develop protocols, interagency, and other working agreements. d.Contracts for Professional Services: Contracting for specialized professional services (e.g. psychological/psychiatric consultation, legal services, interpreters), at a rate not to exceed a reasonable market rate, that are not available within the organization. e.Automated Systems and Technology: Subject to the federal financial guide and government rules relating to acquisition, use and disposition of property purchased with federal funds, procuring automated systems and technology that support delivery of direct services to victims (e.g. automated information and referral systems, email systems that allow communications among victim service providers, automated case tracking and management systems, smartphones, computer equipment, and victim notification systems), including, but not limited to, procurement of personnel, hardware, and other items, as determined by the state after considering: 1.Whether such procurement will enhance direct services 2.How any acquisition will be integrated into and/or enhance the program’s current system 3.The cost of installation 4.The cost of training staff to use the automated systems and technology 5.The ongoing operational costs, such as maintenance agreements, supplies, and 6.How additional costs relating to any acquisition will be supported f.Volunteer Trainings: Activities in support of training volunteers on how to provide direct services when such services will be provided primarily by volunteers. g.Restorative Justice: Activities in support of opportunities for crime victims to meet with perpetrators, including, but not limited to, tribal community led meetings and peace keeping activities, if such meetings are requested or voluntarily agreed to by the victim (who may, at any point, withdraw) and have reasonably anticipated beneficial or therapeutic value to crime victims. Before approving restorative justice costs, DCJ/OVP will consider the safety of the victim, the cost versus the benefit or therapeutic value to the victim, the procedures for ensuring that participation of the victim and offenders are voluntary and the nature of the meeting is clear, the provision of appropriate support and accompaniment for the victim, appropriate debriefing opportunities for the victims after the meeting and the credentials of the facilitators. 3.Allowable Administrative Costs: Administrative costs for which VOCA funds may be used include, but are not limited to: a.Personnel costs: Personnel costs that are directly related to providing direct services and supporting activities, such as staff and coordinator salaries expenses (including fringe benefits), and a prorated share of liability insurance b.Skills Training for Staff: Training exclusively for developing the skills of direct service 55 of 6255 of 62Victims of Crime Act Return to Table of Contents Page 266 of 394 providers, including paid staff and volunteers (both VOCA-funded and not), so that they are better able to offer quality direct services, including, but not limited to, manuals, books, videoconferencing, electronic training resources, and other materials and resources relating to such training c.Training Related Travel: Training related costs such as travel (in-state, regional, and national), meals, lodging, and registration fees for paid direct service staff (both VOCA- funded and not) d.Organizational Expenses: Organizational expenses that are necessary and essential to providing direct services and other allowable victim services, including, but not limited to, the prorated costs of rent, utilities, local travel expenses for service providers, and required minor building adaptations necessary to meet the Department of Justice standards implementing the Americans with Disabilities Act and/or modifications that would improve the program’s ability to provide services to victims e.Equipment and Furniture: Expenses of procuring furniture and equipment that facilitate the delivery of direct services (e.g. mobile communication devices, telephones, braille and TTY/TDD equipment, computers and printers, beepers, video cameras and recorders for documenting and reviewing interviews with children, two way mirrors, colposcopes, digital cameras, and equipment and furniture for shelters, work spaces, victim waiting rooms, and children’s play areas), except that the VOCA grant may be charged only the prorated share of an item that is not used exclusively for victim-related activities. f.Operating Costs: Operating costs include but are not limited to: 1.Supplies 2.Equipment use fees 3.Property insurance 4.Printing, photocopying and postage 5.Courier service 6.Brochures that describe available services 7.Books and other victim-related materials 8.Computer backup files/tapes and storage 9.Security systems 10.Design and maintenance of websites and social media, and 11.Essential communication services, such as web hosts and mobile device services g.VOCA Administrative Time: Costs of administrative time spent performing the following: 1.Completing VOCA-required time and attendance sheets and programmatic documentation, reports and statistics 2.Collecting and maintaining crime victims’ records 3.Conducting victim satisfaction surveys and needs assessments to improve victim services delivery in the project, and 4.Funding the prorated share of audit costs. h.Leasing or Purchasing Vehicles: Costs of leasing or purchasing vehicles, as determined by the state, after considering, at a minimum, if the vehicle is essential to the provision of direct services. i.Maintenance, Repair or Replacement of Essential Items: Costs of maintenance, repair, and replacement of items that contribute to maintenance of a healthy or safe environment for crime victims (such as a furnace in a shelter, and routine maintenance, repair costs, and automobile insurance for leased vehicles), as determined by the state after considering, at a minimum, if other sources of funding are available. j.Project Evaluation: Costs of evaluations of specific projects (in order to determine their effectiveness), within the limits set by the state. 56 of 6256 of 62Victims of Crime Act Return to Table of Contents Page 267 of 394 Unallowable Costs & Activities include, but may not be limited to: 1.Lobbying: Lobbying or advocacy activities with respect to legislation or to administrative changes to regulations or administrative policy (cf. 18 U.S.C. 1913), whether conducted directly or indirectly. 2.Research & Studies: Research and studies, except for project evaluation under §94.121 (j). 3.Active Investigation and Prosecution of Criminal Activities: The active investigation and prosecution of criminal activity, except for the provision of victim assistance services (e.g. emotional support, advocacy, and legal services) to crime victims, under §94.119, during such investigation and prosecution. 4.Fundraising: Any activities related to fundraising, except for fee-based, or similar, program income if authorized by the state under the VOCA rule. 5.Capital Expenses: Capital improvements; property losses and expenses; real estate purchases; mortgage payments; and construction (except as specifically allowed elsewhere in this subpart). 6.Compensation for Victims of Crime: Reimbursement of crime victims for expenses incurred as a result of a crime, except as otherwise allowed by other provisions of this subpart. 7.Medical Care: Medical care, except as otherwise allowed by other provisions of this subpart. 8.Salaries and Expenses of Management: Salaries, benefits, fees, furniture, equipment, and other expenses of executive directors, board members, and other administrators (except as specifically allowed elsewhere in this subpart). 57 of 6257 of 62Victims of Crime Act Return to Table of Contents Page 268 of 394 SEXUAL ASSAULT SERVICES PROGRAM (SASP) History The Sexual Assault Services Formula Program was created by the Violence Against Women and Department of Justice Reauthorization Act of 2005, as amended by the technical amendments to that Act, and is the first federal funding stream solely dedicated to the provision of direct intervention and related assistance for victims of sexual assault. Purpose The primary purpose of SASP grants is to support rape crisis centers and other nonprofit, nongovernmental organizations or tribal programs that provide core services, direct intervention, and related assistance to victims of sexual assault of any age. Allocation of Funds All funds must be used to support sexual assault victims of any age. Match Requirements There are no match requirements for SASP funds. Because it is not known which funding source may fund an applicant at the time the Application is submitted to the Office for Victims Programs, all applicants are required to include match on their application. Eligible Agencies The agencies eligible for SASP funds are rape crisis centers and other nonprofit and tribal organizations, such as dual programs providing both sexual violence and domestic violence intervention services. These programs play a vital role in assisting sexual assault victims through the healing process, as well as assisting victims through the medical, criminal justice, and social support systems. Child advocacy centers are only eligible for SASP funds if they are able to serve any age victim of sexual assault. Eligible Services/Purpose Areas This is defined, in the federal program guidelines, as those efforts that provide intervention, advocacy, accompaniment (e.g., accompanying victims to court, medical facilities, police departments, etc.), support services, and related assistance for adult, youth and child victims of sexual assault, family and household members of such victims, and those collaterally affected by the sexual assault, except for the perpetrator of such victimization. Unallowable Costs & Activities include, but may not be limited to: •Training to allied professionals and the community • Most food and refreshments •Sexual Assault Forensic Examiner projects •Sexual Assault Response Team Coordination •Research projects •Lobbying and/or fundraising •Activities focused on prevention efforts and public education (e.g. bystander intervention, social norm campaigns, presentations on healthy relationships, etc.) •Criminal justice-related projects, including law enforcement, prosecution, courts, and forensic interviews •Purchase of property, and/or physical modifications to buildings, including minor renovations •Providing domestic violence services unrelated to sexual violence 58 of 6258 of 62Sexual Assault Services Program Return to Table of Contents Page 269 of 394 DEFINITIONS OF CRIME TYPES Adults Sexually Abused/Assaulted as Children: Adult survivors of sexual abuse and/or assault suffered while they were children. Adult Physical Assault: Aggravated Assault - An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Simple Assault - Assaults and attempted assaults where no weapon was used or no serious or aggravated injury resulted to the victim. Intimidation, coercion, and hazing are included. Adult Sexual Assault: Includes a wide range of victimizations; crimes that include attacks or attempted attacks generally involving unwanted sexual contact between victim and offender. Sexual assaults may or may not involve force and include such things as grabbing, fondling, and verbal threats. Also included is rape, which is defined as penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration of a sex organ by another person, without the consent of the victim; may also include penetration of the mouth by a sex organ by another person. Arson: Any willful or malicious burning or attempting to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, and so on. Bullying (cyber, physical, or verbal): Repeated, negative acts committed by one or more children against another. These negative acts may be physical or verbal in nature – for example, hitting or kicking, teasing or taunting – or they may involve indirect actions such as manipulating friendships or purposely excluding other children from activities. Implicit in this definition is an imbalance in real or perceived power between the bully and victim. Examples of cyber bullying include mean text messages or emails, rumors sent by email or posted on social networking sites, and embarrassing pictures, videos, websites, or fake profiles. Burglary: The unlawful entry of a structure to commit a felony or theft. The FBI’s Uniform Crime Reporting (UCR) program includes three sub classifications: forcible entry, unlawful entry where no force is used, and attempted forcible entry. The UCR definition of “structure” includes apartment, barn, house trailer or houseboat when used as a permanent dwelling, office, railroad car (but not automobile), stable, and vessel (i.e., ship). Child Physical Abuse and Neglect: This may include physical abuse that is non-accidental physical injury (ranging from minor bruises to severe fractures or death) as a result of punching, beating, kicking, biting, shaking, throwing, stabbing, choking, hitting (with a hand, stick, strap, or other object), burning, or otherwise harming a child, that is inflicted by a parent, caregiver, or other person. Such injury is considered abuse regardless of whether the caregiver intended to hurt the child. Physical discipline, such as spanking or paddling, is not considered abuse as long as it is reasonable and causes no bodily injury to the child. 59 of 6259 of 62Definitions of Crime Types Return to Table of Contents Page 270 of 394 Child Sexual Abuse and Assault: This may include activities such as fondling a child’s genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution by a parent, caregiver, or other person; includes teen sexual assault. Child Pornography: Any visual depiction, including any photograph, film, video, picture, drawing, or computer or computer-generated image or picture, which is produced by electronic, mechanical, or other means, of sexually explicit conduct, where: (1) its production involved the use of a minor engaging in sexually explicit conduct; (2) such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct; (3) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or (4) it is advertised, distributed, promoted, or presented in such a manner as to convey the impression that it is a visual depiction of a minor engaging in sexually explicit conduct. Domestic and/or Family Violence: A crime in which there is a past or present familial, household, or other intimate relationship between the victim and the offender, including spouses, ex-spouses, boyfriends and girlfriends, ex-boyfriends and ex-girlfriends, and any family members or persons residing in the same household as the victim. Involves a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. Include children who witness domestic violence in this category. DUI/DWI Incidents: Driving or operating a motor vehicle or common carrier while mentally or physically impaired as the result of consuming an alcoholic beverage or using a drug or narcotic. Elder Abuse/Neglect: Also known as elder mistreatment generally refers to any knowing, intentional, or negligent act by a family member, caregiver, or other person in a trust relationship that causes harm or creates a serious risk of harm to an older person. Elder abuse may include abuse that is physical, emotional/psychological (including threats), or sexual; neglect (including abandonment); and financial exploitation. This is a general definition; state definitions of elder abuse vary. Some definitions may also include fraud, scams, or financial crimes targeted at older people. Hate Crime (Racial/Religious/Gender/Sexual Orientation/Other): A criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, ethnic origin, or sexual orientation. Human Trafficking: Sex/Labor: Inducing a person by force, fraud, or coercion to participate in commercial sex acts, or the person induced to perform such act(s) has not attained 18 years of age. It also covers obtaining a person through recruitment, harboring, transportation, or provision, and subjecting such a person by force, fraud, or coercion into involuntary servitude, peonage, debt bondage, or slavery (not to include commercial sex acts). Identity Theft/Fraud/Financial Crimes: Identity theft occurs when someone wrongfully obtains another’s personal information without their knowledge to commit theft or fraud. Fraud and financial 60 of 6260 of 62Definitions of Crime Types Return to Table of Contents Page 271 of 394 crimes include illegal acts characterized by deceit, concealment, or violation of trust and that are not dependent upon the application or threat of physical force or violence. Individuals and organizations commit these acts to obtain money, property, or services; to avoid the payment or loss of money or services; or to secure personal or business advantage. Kidnapping (non-custodial): Occurs when someone unlawfully seizes, confines, inveigles, decoys, abducts, or carries away and holds for ransom or reward, by any person, except in the case of a minor by the parent thereof. Kidnapping (custodial): Occurs when one parent or guardian deprives another of his or her legal right to custody or visitation of a minor by unlawfully taking the child. The definition and penalties of custodial kidnapping vary by state. In some states, kidnapping occurs only if a child is taken outside of the state and/or if an existing custody order is intentionally violated. In all cases, international custodial kidnapping is a federal offense. Mass Violence: Domestic/International: An intentional violent criminal act, for which a formal investigation has been opened by the FBI or other law enforcement agency, that results in physical, emotional, or psychological injury to a sufficiently large number of people to significantly increase the burden of victim assistance and compensation for the responding jurisdiction as determined by the OVC Director. Other Vehicular Victimization: May include hit-and-run crimes, carjacking, and other vehicular assault. Robbery: Taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. Stalking/Harassment: Individuals are classified as victims of stalking or harassment if they experienced at least one of the behaviors listed below on at least two separate occasions. In addition, the individuals must have feared for their safety or that of a family member as a result of the course of conduct, or have experienced additional threatening behaviors that would cause a reasonable person to feel fear. Stalking behaviors include making unwanted phone calls; sending unsolicited or unwanted letters or e-mails; following or spying on the victim; showing up at places without a legitimate reason; waiting at places for the victim; leaving unwanted items, presents, or flowers; and posting information or spreading rumors about the victim on the Internet/social media, in a public place, or by word of mouth. Survivors of Homicide Victims: Survivors of victims of murder and voluntary manslaughter, which are the willful (intent is present) killing of one human being by another. Teen Dating Victimization: Teen dating violence is defined as the physical, sexual, psychological, or emotional violence within a teen dating relationship, including stalking. It can occur in person or electronically and might occur between a current or former dating partner. Terrorism (Domestic): The term terrorism means an activity that… (1) involves a violent act or an act 61 of 62Definitions of Crime Types Return to Table of Contents Page 272 of 394 dangerous to human life that is a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or any State; and (2) appears to be intended…(a) to intimidate or coerce a civilian population, (b) to influence the policy of a government by intimidation or coercion or (c) to affect the conduct of a government by assassination or kidnapping (18 U.S.C. 3077). Terrorism (International): The antiterrorism and Emergency Reserve Fund Guidelines for Terrorism and Mass Violence Crimes refers to the term terrorism, when occurring outside of the United States, as international terrorism to mean an activity that…(1) involves a violent act or an act dangerous to human life that is a violation of the criminal laws of the United States of any State or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (2) appears to be intended…(a) to intimidate or coerce a civilian population; (b) to influence the policy of a government by intimidation or coercion; or (c) to affect the conduct of a government by assassination or kidnapping; and (3) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum (18 U.S.C. 2331). 62 of 62Definitions of Crime Types Return to Table of Contents Page 273 of 394 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Englert DEPARTMENT: Police DATE: January 21, 2020 SUBJECT: AllHealth Network Agreement DESCRIPTION: AllHealth Network Agreement RECOMMENDATION: Staff recommends Council approve, by motion, a contract between the Englewood Police Department and AllHealth Network for mental and behavioral health services partnership. The amount of the proposed contract is $132,002.00. PREVIOUS COUNCIL ACTION: In January of 2019 Council approved a contract with All Health for16 hours per week at a cost of $27,996.80. SUMMARY: AllHealth Network is a comprehensive mental and behavioral health service provider licensed by the Colorado Department of Human Services and Colorado Department of Public Health and Environment, providing assessment and treatment planning, outpatient services, life transitions and crisis intervention. All Health Network shall provide an additional sixty-four (64) hours of co- responder time, four (4) hours of care navigator time, four (4) hours case manager time, and three (3) hours of leadership per week to the Department for forty-seven (47) weeks per year. Currently, the Network provides 16 hours of service to the Department weekly, per the funding through the Office of Behavioral Health. This contract is in addition to the OBH funded services. Services will be provided 47 weeks per year and are not provided during the Crisis Intervention Team (“CIT”) International Conference and vacation periods for Network staff. ANALYSIS: The current partnership with the All Health Network has proved to be very valuable to the Police Department and a great benefit to the citizens of Englewood. FINANCIAL IMPLICATIONS: The total contract price shall be $132,002. The Network will invoice the Department two times per year. Once in January 2020, and again in June 2020, in the amount of $66,001. This amount has been budgeted in the 2020 budget. CONCLUSION: Page 274 of 394 The mental heath component has become a necessary tool in conducting modern law enforcement. ATTACHMENTS: Contract Summary All Health Network Contract Page 275 of 394 Contract Approval Summary V10/25/2017 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number:Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person:Tim Englert Phone:303-762-2448 Title:Commander Email:tenglert@englewoodco.gov Vendor Contact Information Vendor Name All Health Network dba Arapahoe/Douglas Mental Health Network Vendor Contact:Bill Henricks Vendor Address:116 Inverness Drive East Vendor Phone:303-730-8858 City:Englewood Vendor Email:bhenricks@allhealthnetwork.org State:Co Zip Code:80112 Contract Type Contract Type:Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date:01/01/2020 End Date:12/31/2020 Total Years of Term:1 Total Amount of Contract for term (or estimated amount if based on item pricing):$132,002 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Two payments $66,001 in Jan and $66,001 in Jun of 2020 Attachments: ☐Copy of original Contract if this is an amendment AllHealth Network Responsibilities. The Network shall provide an additional sixty-four (64) hours of co-responder time to the Englewood Police Department. Currently, the Network provides 16 hours of service to the Department weekly. Page 276 of 394 Contract Approval Summary V10/25/2017 Page | 2 ☐Copies of related Contracts/Conveyances/Documents Source of funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor: ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of proposed awardee ☐RFP: ☐ RFP Evaluation Summary attached ☐ RFP Response of proposed awardee ☐Quotes: Copy of Quotes attached ☒Sole Source: Explain Need below ☐ O ther: Please describe The All Health Network is the only source of mental health co-responders in Arapahoe County. Page 277 of 394 1 CONTRACT FOR CRISIS INTERVENTION SERVICES THIS AGREEMENT, hereinafter is made and entered into this ________ of ____________________, 2020, by and between the CITY OF ENGLEWOOD POLICE DEPARTMENT, hereinafter referred to as "Department", and ALLHEALTH NETWORK hereinafter referred to as "Network”; WITNESSETH: WHEREAS, the Englewood Police Department provides professional law enforcement services to the citizens and businesses of the City of Englewood, collaborating on problem solving strategies to address public safety, quality of life issues, and crime prevention; WHEREAS, AllHealth Network is a comprehensive mental and behavioral health service provider licensed by the Colorado Department of Human Services and Colorado Department of Public Health and Environment, providing assessment and treatment planning, outpatient services, life transitions and severe and persistent mental illness; and WHEREAS, the Department and Network have partnered over the last several months to address the needs of the community, especially in the areas of mental illness, crisis prevention and intervention, and providing resources to those in need. NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter appearing and of the payment of the monies hereinafter set forth, the parties hereto agree as follows: I. PARTIES Department: Network (Contractor): Englewood Police Department AllHealth Network 3615 South Elati Street dba Arapahoe/Douglas Mental Health Network Englewood, CO 80110 116 Inverness Drive East Englewood, CO 80112 II. TERM This contract shall be effective on the date first above written and shall end on December 31, 2020. Either Party may terminate this contract with or without cause upon thirty (30) days prior written notice to the other Party. In the event of termination, no damages, liquidated of otherwise, shall inure to either Party. III. CONTRACT PRICE The total contract price shall be $132,002. The Network will invoice the Department two time per year. Once in January 2020, and again in June 2020, in the amount of $66,001. All payments shall be made to AllHealth Network, at the above address. Page 278 of 394 2 IV. PARTIES ROLES AND RESPONSIBLITIES A. AllHealth Network Responsibilities. The Network shall provide an additional sixty-four (64) hours of co-responder time, four (4) hours of care navigator time, four (4) hours case manager time, and three (3) hours of leadership per week to the Department for forty- seven (47) weeks per year. Currently, the Network provides 16 hours of service to the Department weekly, per the funding through the Office of Behavioral Health. This contract is in addition to the OBH funded services. Services will be provided 47 weeks per year and are not provided during the Crisis Intervention Team (“CIT”) International Conference and vacation periods for Network staff. 1. The Network will involve the Department in responding to requests for emergency services when required, to protect the citizen involved, other citizens, Network personnel providing services, or the community. Whenever the Network involves the Department, Co-Responder personnel will offer to assist the Department and will remain in contact with the Department until the situation is resolved; 2. The Network will call for the Department’s assistance when a person’s statements or behavior lead a co-responder clinician to believe that the person may need to be guarded or restrained to prevent harm to themselves or others, while arrangements are being made to facilitate a disposition of the situation; 3. The Network shall respond to requests for emergency assistance when the Department is called to a location due to a person whose behavior or statements indicate a need for mental health intervention; 4. The Network shall respond to requests from the Department for an emergency evaluation of a person detained in a detention center when that person’s behavior or statements lead an official to believe mental health intervention is needed; 5. The Network will work with the Department to provide information on appropriate dispositions, including the correct location to take persons requiring mental health assessments so a proper disposition can be made. At all times the Network will strive to avoid involving persons in the juvenile justice or criminal justice systems as a result of their mental illness. 6. The Network will attempt to gain an understanding of the concerns of involved family members and legal custodians when making clinical decisions, even in emergency situations. B. Inter-Agency Training Provided by AllHealth Network. The Network will provide training to the Department in the area of intervention techniques with persons experiencing mental illness and or mental health emergencies. Training content may include, but is not limited to the following: 1. Management of persons with mental illness without using restraints. 2. Management of persons with mental illness who are in custody. 3. Risk assessment of persons in custody. 4. Recognition of mental illness Page 279 of 394 3 5. Intervention techniques which can assist Department personnel in providing for the mental health needs of persons with mental illness while in custody. 6. Provide awareness training in recognizing the special needs of persons with behavioral health problems. 7. Assist in all aspects of mental health law 27-10 procedures, if requested, together with suggested ways to approach and talk to persons who are exhibiting mental health problems, how to recognize behavior and speech that may indicate mental illness or substance abuse, and how to prevent escalating behavior in the least intrusive manner while urging consideration of the least restraint as possible. 8. Provide an overview of mental health services available. 9. Provide, along with designated Department personnel, scheduled training sessions. C. Englewood Police Department Responsibilities. 1. The Department will be requested to partner with co-responder clinical staff to conduct a “welfare” check on a person, known or unknown, in the mental health system, when they are a danger to themselves or others, or grave disability is in question. In these situations, co-responder clinical staff will remain involved and available to the Department until a final disposition is made; 2. The Department will deliver petitions for mental health evaluations made by concerned parties about a person’s welfare and may continue to be involved in the attempts to contact the individual in person so a face to face assessment can be done; 3. The Department will provide a desk and equipment to Network co-responder personnel in the Department’s headquarters or other Department area, for the express purpose of developing a working relationship between the Department and Network that enhances services to the community. V. INDEPENDENT CONTRACTORS Each party and its employees, agents, and representatives shall be considered for all purposes of this contract to be an independent entity. Neither party, nor its employees, agents, and representatives are, and shall not be construed as or become employees, agents or representatives of the other party as result of performance of services under this contract. VI. INSURANCE During the term of this contract, and in performing the services herein, each party shall act independently of each other, and each Party is solely responsible for procuring and maintaining all necessary and adequate professional and general liability insurance at its own expense, for any claims which may arise out or, or in connection with, any operations for the services each Parties staff performs under this contract. The Parties understand and agree that the City, Council, officials, officers, directors, agents and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, protections or defenses provided by the Colorado Governmental Immunity Act (the “CGIA”), §§ 24-10-101 to 120, C.R.S., or otherwise available to the City. To the extent the CGIA imposes varying obligations or contains different waivers for cities and Page 280 of 394 4 counties, the City agrees that it will remain liable for their independent obligations under the CGIA, and neither party shall be the agent of the other or liable for the obligations of the other. VII. NEUTRALITY The Network and the Department will establish safeguards to prohibit officers, agents, and representatives of the Parties from using this contract for any purpose which causes, or lends itself, to create an appearance of impropriety. Said employees, officers, agents and representatives shall not seek any personal benefit or private gain for themselves, their families, or others. VIII. NONDISCRIMINATION The Network and Department agree not to refuse to hire, discharge, promote, or discriminate against any person otherwise qualified, in any matter of compensation and/or benefits, performance of services or otherwise, solely on the basis of race, creed, gender, color, national origin or ancestry, age, marital status, mental or physical handicap, political affiliation or belief. IX. COMPLINACE WITH LAWS The Network agrees to abide by all applicable laws, ordinances, rules and regulations and court and administrative rulings of the United States, the State of Colorado, Arapahoe and Douglas County, and the City of Englewood, and any other political subdivision. The Network agrees to secure all necessary licenses and permits in connection with performance of this contract. X. TRANSFER AND ASSIGNMENT The Parties shall not assign nor transfer their interest in this contract without the written consent of the other party. Any unauthorized assignment or transfer shall render this contract null and void, and of no effect as to the Parties. XI. MODIFICATIONS This contract may not be modified, amended, and otherwise altered, unless mutually agreed upon in writing by the Parties. XII. NOTICES All notices required to be given by the Parties hereunder shall be given in writing either by hand delivery or certified or registered mail, return receipt requested, to the individuals and at the addresses set forth below. Either party may from time to time designate in writing a substitute address or person(s) to whom such notices shall be sent. John Collins Bill Henricks, MBA, PhD Chief of Police Chief Executive Officer Englewood Police Department AllHealth Network 3615 South Elati Street 116 Inverness Drive East Englewood, CO 80110 Englewood, CO 80112 Page 281 of 394 5 XII. GOVERNING LAW Unless otherwise agreed to in writing, this contract, and the interpretation thereof shall be governed by the laws of the State of Colorado. XIII. SEVERABILITY If any clause of provision of this contract is found or held to be illegal, invalid or unenforceable under present or future laws or in the event of a court holding, effective during the term of this contract, then and in that event, it is the intention of the parties hereto that the remainder of this contract shall not be affected thereby. XIV. ENTIRE AGREEMENT. This contract, together with any exhibits attached hereto contains the entire agreement between the parties. XV. TITLES AND HEADINGS The titles and headings are inserted herein only for convenience of reference and in no shall define, limit, or describe the scope or intent of any provision of this contract. XVI. APPROPRIATIONS This Agreement does not contain any multi-fiscal year financial obligations by either party that extend beyond its current fiscal year. The financial obligations of each party under this Agreement shall be subject to and limited by the appropriation of sufficient funds appropriated by its Governing Body. Nothing herein obligates the City of Englewood to budget, authorize, or appropriate funds for any future fiscal year. XVII. . BINDING EFFECT. All terms, conditions and covenants to be observed and performed by the parties hereto shall be applicable to and binding upon their respective heirs, administrators, executors, successors and assigns. XVIII. EXTENT OF CONTRACT This contract represents the entire and integrated understanding between the Parties in regard to the services described herein and supersedes all prior negotiations and representations whether written or oral. Page 282 of 394 6 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and year first above written. CITY OF ENGLEWOOD, COLORADO ALLHEALTH NETWORK By___________________________ By_______________________________ Linda Olson, Mayor Bill Henricks, MBA, PhD Chief Executive Officer ATTEST: ______________________________________ Stephanie Carlile, City Clerk Page 283 of 394 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Will Charles DEPARTMENT: Community Development DATE: January 21, 2020 SUBJECT: Public Hearing on the Appeal of Case 2019-12 3146 South Pennsylvania Street, Urban Lot Development DESCRIPTION: Public Hearing on the Appeal of Case 2019-12 3146 South Pennsylvania Street, Urban Lot Development RECOMMENDATION: The Community Development Department recommends that City Council consider testimony during Public Hearing on the appeal of Case 2019-12: 3146 South Pennsylvania Street – Urban Lot Development; and that City Council uphold the Planning and Zoning Commission’s decision to approve the proposed development at 3146 South Pennsylvania Street. PREVIOUS COUNCIL ACTION: The City Council approved E.M.C. Unified Development Code 16-9-4 (hereinafter U.D.C.), regarding Nonconforming Lots, in 2004, with updates in 2014. This Code provision governs the determination of this public hearing. DEFINITION. Urban lots are defined as a legal lot of record existing on or before the effective date of Title 16 (February 23, 2004). An Urban Lot has a lot width or lot area less than the minimum standard for a one-unit dwelling on a small lot in the zone district in which the lot is located. If an urban lot has ever contained a house in its history, an owner would be able to apply for a building permit without any additional review processes. However, if it is a vacant urban lot, the owner would be required to follow the same process as nonconforming lots which involves a public hearing before Planning and Zoning Commission to apply the facts of the application to the law of U.D.C. 16-9-4. HISTORY OF APPLICATION OF U.D.C. 16-9-4. Since U.D.C. 16-9-4 was adopted three property owners, including the current applicant, have applied to construct a one-unit dwelling on an urban lot. The previous two applications were determined to meet the standards of U.D.C. 16-9-4 and were approved. In the current case the Planning and Zoning Commission determined applicthe that 16U.D.C. of ation the met standards -9-the approved and 4 application. In addition to the applications filed with the City to place a residence upon an urban lot, there are an additional 26 existing or historic dwellings on urban lots in the R-1-C zone district. These 26 property owners would be able to reconstruct their homes without the requirement to complete the Planning and Zoning Commission Public Hearing procedure. Page 284 of 394 HISTORY OF CURRENT APPEAL. The Urban Lot in question is located in the R-1-C zone district. In the R-1-C zone district any lot with 25-36.99 feet of lot width is an urban lot. Because the current case involves a vacant urban lot the owner is required to follow the process for placing a residence upon a nonconforming lot, which involves filing an application for approval with the Planning and Zoning Commission. The Planning and Zoning Commission hold a public hearing on the matter to learn as many facts as possible. After applying the facts of this matter to the law of E.M.C. 16-9-4, the Planning and Zoning Commission unanimously (7- 0) approved this application on October 22, 2019. SUMMARY: SUMMARY OF THE APPEALS PROCESS. This appeal to the City Council of a decision of the Planning and Zoning Commission is actually an interested party asking the City Council to provide a new public hearing on the matter appealed. This is called a “de novo” review, meaning the action is done “anew”. Therefore, the public hearing will appear the same as any other quasi-judicial hearing held before the City Council. (See E.M.C. 1-10-2-7 below). Staff will present an overview of the facts and law, the property owner will present an overview of their request/application, and members of the public may speak for/against the application. The decision of the City Council will be based upon the same law that the Planning and Zoning Commission was required to follow during its review of the matter. For nonconforming lots, Unified Development Code (UDC)16-9-4(A)(3) provides: "Any appeal from the Planning and Zoning Commission's decision shall be to City Council as a de novo review. Such appeal shall be filed no more than thirty (30) days from the date of the Planning and Zoning Commission's final decision." For Appeals, UDC 16-2-18:C states: "Appeals the by made any by decision person Any Commission. from aggrieved Commission pursuant to the provisions of this Title may appeal the decision to the Council, unless this Title specifies that the appeal shall be to another body. Such appeal shall be filed within thirty (30) days from the date of receipt of such final decision in the manner provided by the Rules of Procedure adopted by the Council. The Council shall, at its next regular meeting, schedule a public hearing on the appeal, after which it shall approve, modify, remand tshall or actions Commission's the reverse and the to matter he Commission for further proceedings consistent with Council's decision. Such appeals shall be reviewed by the Council pursuant to the same criteria used by the Commission in making the decision being appealed. The decision of the Council shall be in writing, and a copy of the written decision shall be given to the appellant." ANALYSIS: • ANALYSIS FROM PLANNING AND ZONING COMMISSION CASE 2019-12 - 3146 SOUTH PENNSYLVANIA STREET – URBAN LOT DEVELOPMENT Request Page 285 of 394 The applicant/property owner is requesting approval to construct a one-unit dwelling on an urban lot. An urban lot is defined as a legal lot of record existing on the effective date of this Title (February 23, 2004) where the lot width or lot area is less than the minimum standard for a one-unit dwelling on a small lot in the zone district in which the lot is located. Property Zoning and Location The property is zoned R-1-C, Single Unit Residential District (Small Lot Size). Properties to the north, south, east, and west are also zoned R-1-C. Background 1. The subject property is 3,125 square feet in area and has 25 feet of lot frontage along South Pennsylvania Street. Per UDC Table 16-6-1.1: Summary of Dimensional Requirements for Principal Structures, this property qualifies as an urban lot in the R-1-C zone district. UDC Table 16-6-1.1 provides dimensional requirements for urban lots of record that at one time contained or currently contain a one-unit dwelling on or before the effective date of this Title (February 24, 2004); however, vacant urban lots that do not meet this definition are required to follow the same process for development as nonconforming lots, which includes a public hearing before the Planning and Zoning Commission. 2. It does not appear that the subject property has ever contained a dwelling unit. Approvals for vacant urban lots follow the same process as nonconforming lots under UDC 16-9-4, see below. The subject property is part of the Bank Addition Subdivision, and is part of the original City of Englewood. The first zoning ordinance enacted in Englewood was in 1940. This Ordinance zoned the subject property and all surrounding properties R-1. The R-1 district regulations in the 1940 Ordinance specified a minimum lot area of 6,000 square feet but did not require a minimum lot frontage. The 1940 Ordinance did permit the development of lots smaller than 6,000 square feet, as long as the lot was a separate lot prior to enactment of the 1940 Zoning Ordinance. It is unclear when the subject property came to be a separate lot. All records of the property indicate that a house was never constructed on this property. The City revised the Zoning Ordinance in 1955, 1963, 1985, and 2004. These revisions (to varying degrees) did not permit the development of a lot in the R-1-C zone district with less than 4,500 square feet of lot area and 37 lineal feet of lot frontage. In 2014, the Planning and Zoning Commission recommended, and the Englewood City Council approved, amendments to the UDC that permitted the development of urban lots with a minimum of 3,000 square feet of lot area and a minimum of 25 feet of lot frontage. The amendments also contained provisions for development of nonconforming lots with less than 3,000 square feet of lot area and 25 feet of lot frontage. 3. The proposed house on the subject property has a footprint of approximately 1,200 square feet and is two stories with approximately 2,400 square feet of habitable space. The proposed site plan complies with the minimum lot area, maximum permitted lot coverage, Page 286 of 394 minimum lot width, maximum height, minimum setbacks, and bulk plane requirements for an urban lot in the R-1-C zone district. Criteria Per UDC 16-9-4: Nonconforming Lots, a nonconforming lot may be used only for a use permitted in the zone district in which the lot is located. The Planning and Zoning Commission may waive or modify lot coverage, lot area, bulk plane, height, setback, lot width or other requirements for any nonconforming lot if it finds that the proposed development meets the criteria listed below: a. The lot cannot otherwise be used for any purpose permitted within the zone district applicable to the property; and The only permitted use for a 3,125 square foot lot in an R-1-C zone district is a one-unit dwelling on an urban lot. The subject property cannot be used for any other principal or accessory use listed in Table 16-5-1.1: Table of Allowed Uses. The applicant is requesting approval to construct a one-unit dwelling per the attached drawings. Per 16-5-4, an accessory use is incidental and subordinate to a principal use upon the property. b. The waiver, or modification, if granted, is necessary to afford relief with the least modification possible of the development or dimensional standards otherwise applicable to the property; and The proposed one-unit dwelling would not encroach into the required setbacks for an urban lot. The proposed house would have approximately 2,400 square feet of habitable space and a one-car attached garage. The submitted site plan complies with the minimum lot area, maximum permitted lot coverage, minimum lot width, maximum height, minimum setbacks, and bulk plane requirements for an urban lot in the R-1-C zone district. c. The proposed development is consistent with the spirit and intent of the Comprehensive Plan; and The proposed one-unit dwelling is consistent with the Live Goals and Objectives listed in the Englewood Forward: 2016 Englewood Comprehensive Plan, specifically: • Objective Live 1-1: Allow for housing that meets the needs of all income groups, including appropriate type and location of housing. • Objective Live 1-2: Allow for housing investments that improve the housing mix and serve different life cycle stages and groups with special needs in appropriate locations, including both smaller and larger unit sizes and a wider range of housing types, including single-family, duplex, town home, condominium, multi-family, and accessory dwelling units. Page 287 of 394 • Objective Live 2-1: Encourage home ownership and property improvement, including home additions by making city regulations and rules resident and business friendly and streamline application and approval process. d. The lot coverage, bulk plane, height, setbacks and massing of the proposed development will not vary substantially from the surrounding properties or alter the essential character of the neighborhood; and As mentioned previously, the submitted site plan and elevations comply with the lot area, lot coverage, lot width, height, setback, and bulk plane requirements for the zone district. be will house the of living area the mass, building of terms In proposed approximately 2,400 square feet. The homes to the north and south of the subject property have floor areas of approximately 888 square feet and 864 square feet, respectively. Many homes on this block have structure widths that appear to be 25’ wide or less. The proposed development will not alter the essential character of the neighborhood. The proposed home will take the place of what is currently only a garage on the rear of the property. Most homes on this block are only 1 story. However, there was recently a renovation and pop top on an existing house on the same block. e. The proposed development is compatible with the established development patterns and intent of the zone district. This block contains single-family homes, which are mostly narrow. The proposed home is compatible with these established development patterns and the intent of the zone district. • ANALYSIS OF THE APPEAL a. The lot is not permitted any other primary use within the zone district applicable to the property. (U.D.C. 16-9-4(A)(1)(a)). May the property owner continue to use the property for a use accessory to a primary use located upon another lot? • Under UDC 16-6-1-H-2-B, accessory structures must be located on the same lot as the principal use and structure. • Currently, an older garage structure exists on the lot and serves as an accessory use to an adjoining lot. Allowing this garage to serve as an accessory structure to a primary use on another legally established lot appears to be a nonconforming structure/use. • Therefore, if the current garage were to be removed/destroyed, the property owner would not be able to replace it under the existing Code. Page 288 of 394 b. The waiver, or modification, if granted, is necessary to afford relief with the least modification possible of the development or dimensional standards otherwise applicable to the property. (U.D.C. 16-9-4(A)(1)(b)). Are waivers or modifications being requested from the requirements listed in Table 16- 6-1.1 “Summary of Dimensional requirements for Principal Structures” for a One-Unit Dwelling on an Urban Lot? • The applicant has not requested waivers from the existing development standards as set forth in U.D.C. 16-6-1.1. c. The proposed development is consistent with the spirit and intent of the Comprehensive Plan. (U.D.C. 16-9-4(A)(1)(c)). Did the Planning and Zoning Commission identify any objectives of the planned residential use that could be contradictory to the Comprehensive Plan? Yes: • Objective Live 4-2: Incorporate local historical, cultural, and aesthetic references in new housing developments where appropriate. • Objective Live 4-4: Encourage development that is compatible with existing neighborhood character in established residential areas in order to foster neighborhood identity. • Objective Live 4-7: Encourage and support efforts to work with property owners/developers to incorporate local historical, cultural, and aesthetic references in new housing developments. These objectives along with the three originally submitted in the Planning and Zoning Commission staff report are from the goals and objectives section of the Englewood Comprehensive Plan. The Plan states: “The goals and objectives provide guidance for future planning and decision-making in Englewood. These statements are not hard-and- fast regulations, but rather statements that reflect the community’s aspirations.” These objectives are meant to encourage and guide future growth, not prohibit it. Since there are not any aesthetic requirements in the Code today, it would put an undue burden on the property owner to meet requirements that no other homeowners on the block or in the City would be required to meet. Additionally, this process is for the ability to construct a home on this property, not for a specific home design. The type or style of home should not be a consideration, because that is not what the process is trying to achieve. As stated under point b above, the owner is not requesting any modifications from the standards set out for one-unit dwellings on urban lots. d. The lot coverage, bulk plane, height, setbacks and massing of the proposed development will not vary substantially from the surrounding properties or alter the essential character of the neighborhood. (U.D.C. 16-9-4(A)(1)(d)). Page 289 of 394 Should the fact that the proposed home may vary in style, size, shape, mass, height, and character, from the majority of Englewood homes be an additional basis for disapproving the application? • This consideration is not a standard placed on any other proposed home construction in the City of Englewood, nor a standard that exists within the U.D.C. • The proposed structure meets all of the development standards that are set out in Title 16 as to size, shape, mass, and height. Nothing prevents other property owners on this same block from constructing two-story homes with flat roofs if they chose. • There is no definition of essential character in the Code, however, the term essential character is commonly understood to mean “a prominent characteristic which serves to distinguish itself from another.” The prominent characteristic of this neighborhood and this zone district are single-family residences. The R-1-C zone district description is a small lot size, one dwelling unit residential zone district (Table 16-3-1.1 Base Zoning Districts). Every homeowner on this block has a use by right to construct a one-unit dwelling on their property in any aesthetic they choose. Since there are not aesthetic requirements in the Code, aesthetic requirements should not be applied to the construction of a one-unit dwelling on this property. e. The proposed development is compatible with the established development patterns and intent of the zone district. (U.D.C. 16-9-4(A)(1)(e)). • This block contains single-family homes, which are mostly narrow. • The R-1-C zone district has the smallest lot size requirements of any of the single- family residential zone districts. • The application required by the U.D.C. is for approval to place a primary use upon the property, the only primary use permitted within this zone. • The application for approval of a primary use is not for a specific home design. • The Code limits the question before the deciding body to be whether the use should be permitted in conformance with U.D.C. 16-9-4. ALTERNATIVES: City Council may consider the following alternatives with respect to a decision on the proposed urban lot development: 1. Uphold the Planning and Zoning Commission’s decision on the proposed development of a one-unit dwelling at 3146 South Pennsylvania Street. 2. Modify the Planning and Zoning Commission’s decision on the proposed development of a one-unit dwelling at 3146 South Pennsylvania Street. Page 290 of 394 3. Reverse the Planning and Zoning Commission’s decision on the proposed development of a one-unit dwelling at 3146 South Pennsylvania Street. The UDC also outlines possible post-decision actions. UDC 16-2-18:D states: "Further Appeals from the Board or Council. Any person or persons aggrieved by any final decision of the Board or the Council, or any resident, taxpayer, or other officer, department, Board or Commission of the City, may appeal such final decision by appropriate legal action to a court of record having jurisdiction. Such appeal shall be filed no more than thirty (30) days from the date of the Board or Council final decision." CONCLUSION: The applicant is requesting approval to construct a one-unit dwelling on an urban lot. Staff recommends that the Council uphold the Planning and Zoning Commission’s decision to approve the request based upon the following: • The only permitted use for a 3,125 square foot lot in an R-1-C zone district is a one-unit dwelling on an urban lot. • The proposed house has a footprint of approximately 1,200 square feet and is two stories with approximately 2,400 square feet of habitable space. • The proposed house is consistent with the “Live” Goals and Objectives listed in the Englewood Forward: 2016 Englewood Comprehensive Plan • The proposed site plan and elevations comply with the lot area, lot coverage, lot width, height, setback, and bulk plane requirements for an urban lot in the R-1-C zone district. • The proposed one-unit dwelling will improve what is currently a vacant lot in the neighborhood and is compatible with the established development patterns and intent of the zone district. ATTACHMENTS: Case File Page 291 of 394 City of Englewood cm 0,gm,F_,,.,.‘,CO Community Development Department 41000EnglewoodParkwayJAN072020 ~._Englewood,CO 80110§.-Englewood 303-762-2342 osncs or co Lo R A D o engIewoodco.gov APPLICATION FORM APPLICATION FOR:_ Rog‘/°~D?New-Confgnwm Ovmn Lo’:ikppvovci }(Attach Checklist and all required documents -Incom lete applications willnot be accepted) PROPERTYADDRESS:553g ‘:3,mggfggg?xg. LEGAL DESCRIPTION:(Provide at least one of the following) Lot(s)LL.Block Q.Subdivision 9Q Parcel Identi?cation No._\_31_k—3,_E\-?-Q32-Q_g1 Metes and Bounds Legal Description (Attach separate sheet if necessaly) APPLICANT PROPERTY OWNER Name:EI \t.\’W ?t kc§1,\'Y\o.0 Name:fig’;my - Company:Company: Address:;2;5t_—\g?g,Ex3p§%>;]g;(;g,0_Address: Telephone Number:£2:-[$9 -053 1 Telephone Number: Fax Number:Fax Number: Email Address:£,hg,?k;;?)e.h Q Email Address: imhoo-com Signature Signature E_I\r_n &n Print Name Print Name Staff Use Only Date Received:II '“r Zone District:-' 7 Received By:W _Planner Assigned:~ Fee Received:§§Q.%'CaselProject No.:j____o Application Fees are Non-Refundable lune Atll l Page 292 of 394 CITYOF ENGLEWOOD CITY COUNCIL IN THE MATTEROF CASE #2019-12 3146 SOUTH PENNSYLVANIASTREET, URBAN LOT DEVELOPMENT APPELLANT ELLENHERTZMAN 3140 South Pennsylvania Street Englewood,CO 80113 STANDINGTO APPEAL Pursuant to 16-2-18:A (2)of the Englewood Municipal Code (the ‘‘Code’’)an appeal may be initiated by any owner of property located within three hundred feet (300’)of the property that is the subject of the action being appealed.Ms.Hertzman owns the property at 3140 South Pennsylvania Street in Englewood.Her property is immediately north and borders the property that is the subject of the action being appealed. Pursuant to 16-2-18:A (3)of the Code,an appeal may also be initiated by any resident of the City who participated in the decision being appealed by testifying at the public.hearing on the application.Ms.Hertzman appeared at the October 22,2019,Englewood Planning and Zoning Commission public hearing regarding the subject property and provided oral testimony at that hearing. CITYCOUNCIL JURISDICTIONAND STANDARDOF-REVIEW Case #2019-12 is governed by section 16-9-4 of the Code.That section requires a . nonconforming lot property owner to apply to the Planning and Zoning Commission (the “Commission”)for a waiver allowing a structure that would othenrvise beprohibited by law.The Commission is required to apply thefive criterialisted in 16-9-4:A (1).in order to approve the application,the Commissionmust hear evidence and find that the applicant has met all five criteria.if evidence demonstrates that even one of the criteria is not satisfied,the Commission must deny the application. Section 16-9-4:A (3)empowers the City Council (the “Council")to hear an appeal of the Commission decision and that review is de novo,meaning the Councilis not bound by the evidence presented at the Commissionhearing,nor any of the Commission's findings.The Council must independently determine whether the application meets the legal requirements to build a structure that is othen/vise not permitted by law. Page 1 Page 293 of 394 FACTUALBACKGROUND 3146 South Pennsylvania Street (the “subject property”)is zoned R-1-C and currently has a garage structure on the property.The owner of the subject property also owns 3150 South Pennsylvania Street,the adjacent residence to the south.The owner -has used the subject property for a detached garage as an accessory use to the owner's residence.‘ The owner of the subject property now seeks approval to construct a two story 2400 square foot structure on a lot that is 3,125 square feet in total area.Above the two story structure,the owner intends to add a parapet wall to partially enclose a rooftop kitchenette.The lot has only twenty-five feet (25’)of frontage on South Pennsylvania Street.The owner intends to demolish the current garage on the property that has served as an accessory use to their residence. Both of the properties adjacent to the subject property are one-story homes.There is only one two—story house on the entire subject block,and unlike the subject property,this two—story home sits on a double lot with fifty feet (50’)of frontage.The Commission staff presented evidence at the Commission's public hearing that there are only two (2)two—story homes on single (i.e.25-foot—frontage)lots in Ft-1-C zoned districts in all of Englewood. The residence adjacent to the subjectproperty to the north is 888 square feet.See exhibit 1. The residence adjacent to the subject property to the south is 864 square feet.See exhibit 2.v The proposed development would be a 2400 square foot structure.See exhibit 3.‘ GROUNDS REQUIRINGREVEFISALOF THE DECISIONOF THE ENGLEWOODPLANNING ANDZONING COMMISSION The City Council must reverse the decision of the Englewood Planning and Zoning Commission because the application did not meet all the criteria required in 16-9-4:A (1). a.The lot cannot otherwise be used for “any"purpose permitted within the zone district applicable to the property;and(emphasis added) The subject property has a current use within the zone district.The subject property has an existing structure that is an accessory use to an existing residence on the adjoining lot.The subject property has been,and cancontinue to be,‘used by the owner for residentialaccessory structures.The very fact that the applicant owns both properties is what permits this current‘ accessory use.Therefore,the lot could be used for “a”purpose permitted within the zone district and the application must be denied pursuant to 16-9-4:A (1)(a).(emphasis added). b.The waiver,or modification,ifgranted,is necessary to afford relief with the least modi?cationpossible of the development or dimensionalstandards otherwise applicable to the property;and This requirement addresses the question of whether a property owner should be “afforded relief”.This criteria assumes that the property owner is confronted with essentially an unfair situation imposed by the Code.However,the restriction in this case is self-imposed.The need for relief is entirely within the control of the applicant who owns and controls two adjacent Page 2 Page 294 of 394 properties.it is the owners’desire to split the current uses of the jointly owned properties.As further evidence of a self-imposed hardship,the applicant testified at the Commission hearing that the subject property was "...about one-hundred feet of gravel with a detached garage.” See hearing video time stamped 38:32.He stated that he did not find it aesthetically pleasing, but the current appearance of the lot is entirely within his control.There might be an argument for relief under this criteria if the adjoining lots werenot owned by the sameparty.However, under the facts of this case,the applicant has decided to change the current use and should not therefore be afforded relief. it is also the case that the applicant could design a structure that would be more consistent with the surrounding community.This will be addressed further in criteria 1,6-9-4:A (‘I)(d)below. But it must be noted herethat this criteria requires the “least modification"of development and dimensional standards.The Commission could have,and the Council could,require that the development be limited to structures more consistent with the surrounding community in terms of heightand square footage.Without this morelimited modification,this criteria has not been met..4 c.Theproposed development is consistent with thespirit and intent of the Comprehensive Plan;and Several Englewood Comprehensive Plan “Live Objectives”are directly relevant to the proposed development. Objective Live-4-2 Incorporate local historical,cultural,and aesthetic references in new housing developments where appropriate. It shouldbe noted that several Commission members stated at the public hearing that there were NO local planning provisions related to “aesthetics”,and two Commissioners expressed regret that as a result,there was no way to consider aesthetics in new housing developments. The exact opposite is true.The Commission,and the Council,are required to review whether a proposed housing development is consistent with the Comprehensive Plan and Objective Live-4-2 is directly on point.The proposed development does not incorporate local historical, cultural,and aesthetic references and is therefore inconsistent with Objective Live—4-2. Objective Live-4-4 -- Encourage development that is compatible with existingneighborhood character in established residential areas in order to foster neighborhood identity. As referenced below in 16-9-4:A (1)(d),the proposedmdevelopmentvariessignificantly from the existing neighborhood characterand the proposed structure wouldclearly deviatefrom that character.As such,the proposed development is inconsistent with Objective Live-4-4. Objective Live-4-7 . Encourage and support effortsto work’with property owners/developers to incorporate local historical,cultural,and aestheticreferences in new housing developments. The proposed project is also inconsistentwith this objective.The Commissionand Council must encourage and support incorporating local historical,cultural,_andaesthetic references in new housing developments,but the proposed development ‘has not done so.‘ Page 3 Page 295 of 394 d.The lot coverage,bulk plane,height,setbacks and massing of the proposed development will not vary substantially from the surrounding properties or alter the essential character of the neighborhood;and Accordingto the Englewood Comprehensive p|an_,ninety-one percent (91%)of all Englewood homes were‘constructedprior to 1960,and only 1%were constructed after 2001.The average home size is twelve hundred thirty-seven square feet (1237 sq.ft.).SeeEnglewood Comprehensive Plan page 2-4.These homes are not only similar in style,they are more importantly similar in size,shape,mass,height,andcharacter. The evidence is quite clear that the proposed development doesvary substantially from the surrounding properties.Based on‘a visual inspection of Englewood’s R-1-Czone districts,the following facts are presented: In the H-1-C’zone district in the northeast quadrant of the city there are approximately eleven hundred (1100)single family homes and a mere seventy-five (75)of these are two-story homes. Most of these two-story homes have peaked roofs that substantially reduce the usable square footage of the second story.Of the more than thirteen hundred (1300)single family homeseach in the southwest and southeast quadrants there are approximately sixty (60)two-story homes and roughly seventy-five (75)two-story homes respectively.Again,most of these two-story homes still have peaked roofs resulting in overall less mass and bulk than the proposed development. The proposed development would occupy forty percent(40%)of the subject property,while the borderingproperties occupy around twenty-five percent (25%).‘ Unlike the vast majority of residences in Englewood,the proposed development would not have a sloped roof.It would be a solid rectangular box.As such,it would exceed twenty feet (20’)in height from side to side with a rooftop kitchenette above that height.The surrounding properties average height is onlyjsixteen feet (16’)to the highest point of the peak and only eight feet (8’)at the eave. The proposed development would be constructed within just three feet (3’)of both side lot lines.Side setbacks in the surrounding area average twelve feet (12’)from each side lot line. There are ONLYtwo structures in all of Englewoodb R-1 -C zone districts like the proposed development that are two-story houses on a single lot.It is therefore impossible to conclude that the przoposeddevelopment does not vary from the surrounding area as required by this'criteria. e.The proposed development is compatiblewith the established development patternsand intent of the zone district. Section 16-3-2:A (1)describesthe characteristics of all residentialdistricts.Whilethe , proposed development’is a residential“use”that is compatible with establisheddevelopment patterns in the zone district,the specific development is not compatible withthe particular established development patterns in the immediatesurrounding area.Under this Code criteria, it is not enough to be the same “use”,it must also be a compatible development.This specific development would be more compatible with a higher density housing area within a residential zone district that has more small frontage residences. Page 4 Page 296 of 394 if the Council determinesthatthe application has not met even one of thesecriteria,the Code requires the application to be denied. 'REQUESTED RELIEF The appellant respectfully requests that the Council reverse the decision ofithe Commission and deny the application for a development at the subject property. 'r:::,=.:.=;';a;..'::~:‘w.::.;=sc.;:5‘=;3::\."r:;:::=x::.a.s3:; Q1108Eli ‘éélri Page 5 o=:A"-.0 _cr::)s.-‘meat’-2 Page 297 of 394 Verification thatthe Appeal application is submitted within thirty (30)days of the decision which is being appealed. The Englewood Planning and Zoningvcommission held a public hearing on Case #2019—12, 3146 SOUTH PENNSYLVANIASTREET,URBAN LOT DEVELOPMENTon October 22,2019. The commission issued a final decision in this case when it adopted the Findings of Fact on the case on November 5,2019. This appeal is filed as of today’s date,November 19,2019,and as such hasbeen filed ‘within the required appeal period. Ellen Hertzman 3140 South Pennsylvania Street Englewood,CO 80113 SiQned Date:November 19,2019 COMMUNITYDEVELOPMENTDEPARTMENT NOV19 2019 ENGLEWOOD.COLORADO Page 298 of 394 Page 299 of 394 Page 300 of 394 Page 301 of 394 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #2019-12 3146 SOUTH PENNSYLVANIA STREET, URBAN LOT DEVELOPMENT FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION INITIATEDBY: MARK and KATHRYN SWEZY 3150 South Pennsylvania Street Englewood,CO 80113 ~.as.a~a~.—~g~.osa~a~a~a~¢\a Commission Members Present:Adams,Austin,Browne,-Freemire,Fuller,Kinton,Townley Commission Members Absent:Moershel This matter was heard before the City Planning and Zoning Commission on October22,2019, in the City Council Chambersof the Englewood Civic Center. Testimony was received from staff,the applicant,and the public.The Commission received notice of Public Hearing,the Staff Report,and a copy of the application which were incorporated into and made a part of the record of the Public Hearing. After considering the statements of the witnesses and reviewing the pertinent documents,the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1.THAT the Public Hearing on Case #2019-12 3146 South Pennsylvania Street,Urban Lot Development,was brought before the Planning Commission by the Department of Community Development,a department of the City of Englewood. 2.THAT notice of the Public Hearing was published in the Englewood Herald on October 10, 2019.Notice of the public hearing was posted on the property from October 11,2019 to October 22,2019. 3.THAT the only permitted use for a 3,125 square foot lot in an R-1-C zone district is a one-unit dwelling on an Urban Lot. Page 302 of 394 4.THAT the one-unit dwelling would not encroach into the required setbacks for an Urban Lot.The proposed house would have approximately 2,400 square feet of habitable space and a one-car attached garage.The submitted site plan complies with the minimum lot area,maximum permitted lot coverage,minimum lot width,maximum height,minimum setbacks,and bulk plane requirements for an Urban Lot in the R-1—C zone district.' 5.THAT the proposed one-unit dwelling is consistent with the Live Goals and Objectives listed in the Englewood Fon/I/ard:2016 Englewood Comprehensive Plan,speci?cally: -Objective Live 1-1:Allow for housing that meets the needs of all income groups, including appropriate type and location of housing. 0 Objective Live 1-2:Allow for housing investments that improve the housing mix and serve different lifecycle stages and groups with special needs in appropriate locations, including both smaller and larger unit sizes and a wider range of housing types, including single-family,duplex,townhome,condominium,multi-family,and accessory dwelling units. -Objective Live 2-1:Encourage home ownership and property improvement,including home additions by making city regulations and rules resident and business friendly and streamline application and approval process. 6.THAT the proposed living area of the house willbe 2,400 square feet.The homes to the north and south of the subject property have floorareas of approximately 888 square feet and 864 square feet respectively.Many homes on this block have narrow widths that appear to be 25’wide or less.The proposed development will not alter the essential character of the neighborhood.The proposed home will replace what is currently only a garage on the rear of the property.Most home on this block are only one story;' however,there was recently a renovation and pop-top on an existing house on the same block. 7.THAT the block contains single-family homes,which are mostly narrow.The proposed home is compatible with these established patterns and the intent of the zone district. CONCLUSIONS 1.THAT the application for developmentmeets the criteria set forth in the Uni?ed Development Code Section 16-9-4:Nonconforming Lots,(a)-(e). 2.THAT the only permitted use for a 3,125 square foot lot in an RV-1-Czone district is a one-unit dwelling on an Urban Lot. 3.THAT the proposed house is consistent with the "Live”Goals and Objectives listed in the Englewood Forward:2016 Englewood Comprehensive Plan. Page 303 of 394 4.THAT the proposed site plan and elevations comply with the lot area,lot coverage,lot width,height,setback,and bulk plane requirements for an Urban Lot in the R-1-C zone district. 5.THAT the proposed one-unitdwelling will improve a lot in the neighborhood and is compatible with the established development patterns and intent of the zone district. DECISION THEREFORE,it is the decision of the City Planning and Zoning Commission that Case #2019-12 3146 South PennsylvaniaStreet Urban Lot Development,BE APPROVED. The decision was reached uponavote on a motion made at the meeting of the City Planning and Zoning Commission on October 22,2019,by Freemire,seconded by Browne,which states: MOTION TO APPROVECASE 2019-12 TO ALLOW THE CONSTRUCTION OF A ONE-UNIT DWELLING ON A VACANT URBAN LOT AT AIN:1971-34-4-03- 007,3146 SOUTH PENNSYLVANIA STREET. AYES:Adams,Austin,Browne,Freemire,Fuller,Kinton,Townley NAYS:None ABSTAIN:None ABSENT:Moershel Motion carried. These Findings and Conclusions are effective as of the meeting on October 22,2019. BY ORDER OF THE CITY PLANNING &ZONING COMMISSION Townley,Chair Page 304 of 394 Q I ,E??lewoodCOMMUNITYDEVELOPMENT T0:Planning and Zoning Commission THRU:Wade Burkholder,Planning Manager Brad Power,Community Development Director FROM:WillCharles,Plannerl DATE:October 22,2019 SUBJECT:Case 2019-12 —Public Hearing Urban Lot Development at 3146 South Pennsylvania APPLICANT: Mark &Kathryn Swezy 3150 South PennsylvaniaStreet Englewood,CO 80113 PROPERTY OWNER: Mark &Kathryn Swezy 3150 South Pennsylvania Street Englewood,CO 80113 REQUEST: The applicant is requesting approval to construct a One-Unit Dwelling on an Urban Lot.A public hearing before the Planning and Zoning Commission is required per Uni?ed Development Code (UDC)Section 16-9-4:Nonconforming Lots.An urban lot is de?ned as a legal lot of record existing on the effective date of this Title (February 23,2004)where the lot width or lot area is less than the minimum standard for a one-unit dwelling on a small lot in the zone district in which the lot is located. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve Case Number 2019-12 to allow the construction of a One—UnitDwelling on a vacant Urban Lot at PIN:1971-34-4-03-007 (3146 South Pennsylvania Street)per the attached drawings. PROPERTY ZONING AND LOCATION: The property is zoned R-1-C,Single Unit Residential District (Small Lot Size).Properties to the north,south,east,and west are also zoned R-1-C. BACKGROUND: 1.The subject property is 3,125 square feet in area and has 25 feet of lot frontage along South Pennsylvania Street.Per UDC Table 16-6-1.1:Summarv of Dimensional Requirements for Principal Structures,this property quali?es as an Urban Lot in the R-1-C zone district.UDC Table 16-6-1.1 provides dimensional requirements for Urban Lots of record that at one time contained or currently contain a One-Unit Dwellingon or before the Effective Date of this Title (February 24,2004);however,vacant Urban Lots that do not meet this de?nition are required Page 4 of 25 Page 305 of 394 to follow the same process for development as Nonconforming Lots,which includes a public hearing before the Planning and Zoning Commission. 2.It does not appear that the subject property has ever contained a dwelling unit.Approvals for vacant urban lots follow the same process as Nonconforming Lots under Section 16-9-4,see below.The subject property is part of the Bank Addition Subdivision,and is part of the original city of Englewood.The ?rst zoning ordinance enacted in Englewood was in 1940.This Ordinance zoned the subject property and all surrounding properties R-1. The R-1 district regulations in the 1940 Ordinance speci?ed a minimum lot area of 6,000 square feet but did not require a minimum lot frontage.The 1940 Ordinance did permit the development of lots smaller than 6,000 square feet,as long as the lot was a separate lot prior to enactment of the 1940 zoning Ordinance.it is unclear when the subject property came to be a separate lot;all found records indicate that a house was never constructed on this property. The City revised the Zoning Ordinance in 1955,1963,1985,and 2004;these revisions (to varying degrees)did not permit the development of a lot in the R-1-C zone district with less than 4,500 square feet of lot area and 37 lineal feet of lot frontage.In 2014 the Planning and Zoning Commission,and City Council of Englewood enacted amendments to the UDC that permitted the development of Urban Lots with a minimum of 3000 square feet of lot area and a minimum of 25 feet of lot frontage.The amendments also contained provisions for development of nonconforming lots with less than 3000 square feet of lot area and 25 feet of lot frontage. 3.The proposed house on the subject property has a footprint of approximately 1,200 square feet and is two stories with approximately 2,400 square feet of habitable space.The proposed site plan complies with the minimum lot area,maximum permitted lot coverage,minimum lot width,maximum height,minimum setbacks,and bulk plane requirements for an Urban Lot in the R-1-C zone district.‘ ANALYSIS: Per UDC Section 16-9-4:Nonconforming Lots,A nonconforming lot may be used only for a use permitted in the zone district in which the lot is located.The Planning and Zoning Commission may waive or modify lot coverage,lot area,bulk plane,height,setback,lot width or other requirements for any nonconforming lot if it ?nds that the proposed development meets the criteria listed below: a.The lot cannot otherwise be used for any purpose permitted within the zone district applicable to the property;and The only permitted use for a 3,125 square foot lot in an R-1-C zone district is a one-unit dwelling on an Urban Lot.The subject property cannot be used for any other principal or accessory uses listed in Table 16-5-1 .1:Table of Allowed Uses.The applicant is requesting approval to construct a one-unit dwelling per the attached drawings. b.The waiver,or modi?cation,if granted,is necessary to afford relief with the least modification possible of the development or dimensional standards othenlvise applicable to the property and; The proposed one-unit dwelling would not encroach into the required setbacks for an Urban Lot.The proposed house would have approximately 2,400 square feet of habitable space and a one car attached garage.The submitted site plan complies with the minimum Page 5 of 25 Page 306 of 394 lot area,maximum permitted lot coverage,minimum lot width,maximum height,minimum setbacks,and bulk plane requirements for an Urban Lot in the R-1-C zone district. c.The proposed development is consistent with the spirit and intent of the Comprehensive Plan;and The proposed one-unit dwelling is consistent with the Live Goals and Objectives listed in the Eng/ewood Forward:2016 Eng/ewood Comprehensive Plan,specifically: -Objective Live 1-1:Allow for housing that meets the needs of all income groups, including appropriate type and location of housing. 0 Objective Live 1-2:Allow for housing investments that improve the housing mix and serve different Iifecycle stages and groups with special needs in appropriate locations, including both smaller and larger unit sizes and a wider range of housing types, including single-family,duplex,townhome,condominium,multi-family,and accessory dwelling units. -Objective Live 2-1:Encourage home ownership and property improvement,including home additions by making city regulations and rules resident and business friendly and streamline application and approval process. d.The lot coverage,bulk plane,height,setbacks and massing of the proposed development willnot vary substantially from the surrounding properties or alter the essential character of the neighborhood;and As mentioned previously,the submitted site plan and elevations comply with the lot area, lot coverage,lot width,height,setback,and bulk plane requirements for the zone district. In terms of building mass,the proposed living area of the house will be approximately 2,400 square feet.The homes to the north and south of the subject property have floor areas of approximately 888 square feet and 864 square feet respectively.Many homes on this block have structure widths that appear to be 25’wide or less.The proposed development will not alter the essential character of the neighborhood.The proposed home will take the place of what is currently only a garage on the rear of the property. Most homes on this block are only 1 story.However,there was recently a renovation and pop top on an existing house on the same block. e.The proposed development is compatible with the established development patterns and intent of the zone district. This block contains single-family homes,which are mostly narrow.The proposed home is compatible with these established development patterns and the intent of the zone district. SUMMARY: The applicant is requesting approval to construct a one-unit dwelling on an Urban Lot.Staff recommends that the Planning and Zoning Commission approve the request based upon the following ?ndings: -The only permitted use for a 3,125 square foot lot in an R-1-C zone district is a one-unit dwellingon an Urban Lot. -The proposed house has a footprint of approximately 1,200 square feet and is two stories with approximately 2,400 square feet of habitable space. 0 The proposed house is consistent with the “Live"Goals and Objectives listed in the Eng/ewood Fonlvard:2016 Eng/ewood Comprehensive Plan Page 6 of 25 Page 307 of 394 -The proposed site plan and elevations comply with the lot area,lot coverage,lot width, height,setback,and bulk plane requirements for an Urban Lot in the R-1-C zone district. I The proposed one-unit dwelling will improve what is currently a vacant lot in the neighborhood and is compatible with the established development patterns and intent of the zone district. ATTACHMENTS: Aerial View Application Materials Drawings Page 7 of 25 Page 308 of 394 Lw?moum.:E_u=Roam ‘.4:H‘$$.H! .IJ..i»l|INa....Yl.:.II!l...ax«.l'lH.4aIll1:1 M-..§ m. F..t«,1.»..?[L...l. Page 309 of 394 §:"Englewood COLORADO City of Englewood ,Community Development Department 1000 Englewood Parkway Englewood,CO 80110 303-762-2342 englewoodccngov APPLICATION FOR:/{it/my101i’???/LII)/H0w/n=»rL«L {AttachChecklist and all required documerlls-Incomplete applications willnot be accepted.) PROPERTYADDRESS:3150 5.p¢v\MIfLVA~\u'1K5%. LEGAL DESCRIPTION: Lot(s)I Z (Provide at least one ullhe following) Block 2 Subdivision GA-rxkA451.-ice3 Parcel Identi?cation No._l_:_|l_l_-§‘_-L—j_-Q;-QQ_'_7_ Meles and Bounds Legal Description (Attach separate sheet if necessary) APPLICANT Name:N\».r«$(<»muzvN §w£ZY Company:kl //\ PROPERTY OWNER Name:MARKéi KM"HJ<‘(i\L s_Q5Z‘r Company;H45 Address;3 15;;§,km mtmuig,S4 Address:l o S /\\./M:€4- Teiephone Number:3 O "5 5 g?8 Z 2 ‘3 Telephone Number:3 O 3.g 935 .%Z23 Fax Number:N/A Fax Number: Email Address: | Email Address: A Signéture W ’[Signa?yre ‘J U MARK A swggx MARK /P l§’(A_QZ‘r Print Name Print Name Staff Use Only Date Received:I/////..‘?W7 Zone District:_ Received By:/.-Ul//L'«i"lft,Planner Assigned? Fee Received:$/66.’CaselProject No.: Application Fees are Non-Refundable June 2071 Page 9 of 25 Page 310 of 394 Pursuant to 16-9-4 ENGLEWOODMUNICIPALCODE,this letter serves to justify the proposed construction of a new single—familyresidence to be built on the non-conforming lot at LOT12 BLOCK2 BANKADDITION,Englewood,CD. a.This lot is currently a gravel driveway with a garage at the back of the property that offers little bene?t to the community or the City of Englewood.Conversely,a brand new single- family custom-built and professionally landscaped home would enhance the visual appeal of this charming neighborhood.Additionally,the homeowner would contribute to the community and tax base of the City of Englewood and the State of Colorado, b.Thiswaver or modification is necessary to facilitate the highest and best use of this property,given the restricted lot size,for the mutual bene?t of the community,the City of Englewood,and the Homeowner. c.This proposed development is consistent with the spirit and intent of the Comprehensive Plan;which is intended to enhance the aesthetics and utilitytof Englewood land.This proposed construction of a new single-farnilyresidence is wholly consistent with the intent of the modi?cation allowance. d.This lot coverage,bulk plane,height,setbacks,and massing of the proposed development will not vary substantially from the surrounding properties or alter the essential character of the neighborhood.It has been designed to provide off street parking and to blend well with the mix of older homes and several other newly built custom homes in the neighborhood. e.The proposed development is compatible with the established development patterns and intent of the zone district.This neighborhood has been attracting developers who have demolished and constructed new homes and rehabilitated existing homes that are a bene?t to the community.Whilethis gravel driveway offers little visual appeal a newly constructed home would better utilizethis land,adding charm and encouraging pride of ownership among surrounding homeowners. Page 10 of 25 Page 311 of 394 if/9 -,5 It-eplhno DotntlgClurlt 1 Recorder,NancyA.Dolg QD’Reception‘*:B5Ul.82Bl ':021935 Rleortling Fu:V5.00 l DnetmtonlFII:I?0.l0rdld:2/3/ZUU5 H5559 [Hlllillllllllllllllllllll llllllllllllllllllllllllVVARRANTYDEED THIS DEED,Made this 28th day ofdanuary,2005 between Leslie Allan Van Vlect and Virginia Ann Van Vleet C of the County of Arapaltue and State of COLORADO,grantor,and Mark A.Stvezy and Kathryn A.Swozy whose legal address is ,3l50 South Pennsylvania Street,Englewood,CO 801 13, 07% ofthe County of Arnpaltoe,State of Colorado.grantees:l WITNESS,That the grantor.for and in considerationof the sum ofTwo HundredOne ThousattdDollars and NO/l 00‘S.($201,000.00), the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm,unto the grantees,their heirs and assigns forever,not in tenancy itt common but in joint tenancy,all the real property together with improvements,if any,situate,lying and being in the County of At'?pZtl‘l0E,and State of COLORADO.described as follows: Lots l2,l3 and I4. Block 2, BankAddition, County of Arapahoe, State ul‘Co|otado. also known by street attd number as 3 I50 Soutlt PennsylvaniaStreet,Englewood,CO 80113 TOGETHER with all and singular the hereditaments and appurtenances thcrcunto belonging,or in anywise appenaining,and the reversion and reversions,remainderand remainders,rents,issuesand pro?ts thereof,and all the estate,right,title,interest,claim and demand whatsoever of the grantor,either in law or equity,of.in and to the above bargainedpremises,withthe hereditamentsand appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the grantees,their heirs and assigns forever.And the grnntor,for himself,his.lteirs and personal representatives,does covenant,grant,bargain and agree to attd with the grantees,their heirs and assigns,that at the time of the cnsealing and delivery of these presents,he is well seized of the premises above conveyed, has good,sure,perfect,absolute and indefcasibleestate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the some are free and clear from all former and other grants,bargains,sales,liens,taxes, assessments,encumbrances and restrictions of whatever kind or nature soever,except all taxes and assessments for the current year,a lien but not yet due or payable,easements,restrictions,resen'at.ions, covenants and rights—of-wayof record,if any. The grantor shall and will \VA®NT AND FOREVER DEFEND the above-bargained premises in the quiet and pcaceable possession of the grantees,their heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicableto all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. SELLERS: Virginia Ann Van Vlcet “Allen Van Vleet by LeslieAllen Van Vleetas attorttl;y-in-fact 4‘'''’ STATE OF COLORADO }SS,COUNTY OF Arapaltoe ' The foregoing instrument was acknowledgedbefore me this 28th d y of J nuary,2005 by Leslie Allen \’~.tn Vloet and Virginia Ann Van Vleet by Leslie Allen Van Vlect'atto tey-in-fact "Notaryl_’ublie — Witness my hand and ofticial seal. My Cotnmissionexpires:02/ONO7 SE \VDJT Security Title wan-.tntyDeed totoint Tenants File No.SUDJIUZIJ Page 11 of 25 Page 312 of 394 Geriificatnnf.glinpxuhexnent‘Sur?ng Wm.H.Burgwin 8:Associmes,INC-..'. U-Slshh? AN VLEET Advance Mort. .Cunsu|ling Engineers 72:DELAWARE 51'.AREA con::03.I22v'll35 . nznvzn.COLORADO moan: 43'- ::149-« IZ5' 4;'3.Lcvl”)2 H?I‘ J:: C U) _._n _ 40'_|W .3‘‘Q’ .2“Lo+:3 ~"5.g On;S!-at-Y 3 3 §Frnmg 4*‘T T j — >—Rzsrden:-_;'5 , ID A .'\3 E '5¢...4 Lai. of . EonsJr'rna '‘ml‘H'£|Dll|'l J ;"“In!Ell‘. -“"T5‘-5*‘?“W I!".-n'nux<.5‘‘!'e=.".1::v:':J:'vL!.1.o'.a'cor‘-um....., > _"‘a""""T‘"'WW =-’m:-«mu--34 M"!--u u Mu/1.‘;u....;~um um nu...=i“|‘anBankAddH'ior\' m...»..~_—.—».-—.- gun; "‘.)“-'_l/f.3‘-/qq{.Il._|’('1~LI.| '1'hls-3:,-1l|’2st_h Ih ,above la 11 mm and correct plat or 1:survey made by me lhla Sth day:gfseptemher’1969‘ox Ihe pro J d L, L “L,0,Lots‘12!13,and 111,Block 2,BANKADDITION,County FArapahoe, Gtaté of Colorado,J um um:the location an Enmenmnsox n.l1_nuuaxng llnprnvemonts,eusemenu 0!rights-ol-way In evidizcaurknown to me. and encroachment:by or on the premises nre accunvuly shnwn.This pint made [or loan purposes and <_z)\ldnot be used (or ndlglllunnlImprovements.:.L:4 —"‘}J‘L/.‘V//\\.unr.:Wm.H.Burgwin &Inc. Consulting n ' z-T \. u...v:z* I‘)2 Page 12 of 25 Page 313 of 394 9310 El.959d PENNSVLVANIASL (-5 I 7 '/2")4 ’H L. (—I z~‘:_) \ 0’-0"(gurus:/I'—"Fwor mu .,MAXIMUM MINIMUM ,Arm 35 SEIBACKIN 1:mom j—25-._/?eg?REAR SETBACK gm II 'W o’-o"——v—~A—:1 r\I (3 5"1~/2”) 5 I Drum./<ALLEV NaIe:: P13 I,«'.’+I.arr:-'9’I'}|<\-?.+< 6 rnd<:1 H.vI«+-‘—»«.' lvxluaanxan In!-I-I Apnroval Mark Swezy use a s&¢mm I ' mm MARKSNEZY mu 3 I-amvwuu nmrv.aawanan no mu LOCK 2.mum on an mm: mm m—zmwm us mmus 0|Page 314 of 394 92 J0 VL959d WP.SIDE SETMCK L01’WIDTH<25 ll nrmuum \ ....x..xuuvuvn ......;... "M... A ,..2L ‘ F ma g: 3 1=ll‘ 51 5 MAX.WIDTH¢13 n 5’ \‘Y F -_u ‘I rs:M1 7 Nmes:mummmcmu Iuvnmxvurln num!Mvunl ..Ilrwwun uum.an In!mum vomuurnnu:mmmmmmnmIllnnulmnalaunt wnuumlmln Lnm nu-'-uu'némmu.. » .».x-mun.pm um um.Approval Mark Swely mu 3 Plnlnv?anh sl Ellulnuui.on nus ‘“""MARKSWEZV 31505J7en?!V7amaSl _Eng!lwnnd.CC|anus »1m\|a. mu WY I7.unucxzaauxwnmun ENOLEWDOD,co mm M.....a (mu. Mrs unmm .Invamn:wn....Mdum 01 02 A Page 315 of 394 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Erik Sampson, Wade Burkholder DEPARTMENT: Community Development DATE: January 21, 2020 SUBJECT: First Reading - Short Term Rental Ordinance DESCRIPTION: First Reading - Short Term Rental Ordinance RECOMMENDATION: Staff recommends that City Council: 1. Discuss the Short Term Rental (STR) Council Bill #47, in both the existing version as recommended by the Planning and Zoning Commission, and the modified version limited to land use issues as requested by the City Council; and 2. Amend Council Bill #47 as necessary, and take action on the Council Bill. A synopsis of decision points which City Council may consider at First Reading are located in the Alternatives section below. PREVIOUS COUNCIL ACTION: On January 6, 2020 City Council held a public hearing on Short Term Rentals; staff presented the recommendation of the Planning and Zoning Commission; and Council heard from 40 speakers (30 favoring and 10 opposing short term rentals). City Council closed the public hearing and moved the item to the January 21st City Council regular meeting for First Reading. City Council directed staff to remove the sections of the existing CB #47, and place those provisions in a separate ordinance to be codified within Title 5 of the E.M.C., regarding business licensing. These two ordinances (Modified CB #47 and DRAFT CB #04) have been included for reference. City Council held a public hearing on Short Term Rentals on October 7, 2019 to receive public testimony. Subsequently, City Council held a first reading on October 21, 2019. At that meeting, City Council tabled the matter until such time as the Planning and Zoning Commission could review enforcement provisions, consider removal of the provision permitting short term rentals in accessory dwelling units and to remove possible conflicts with other provisions of Title 16. City Council held two Study Sessions to discuss Short Term Rentals. The first was held July 15, 2019 when staff presented the draft regulations and provided information on the Planning and Zoning Commission public hearing. Page 316 of 394 The regarding the information when 2019 staff presented August held was second 26, enforcement of STRs and discussed the potential of hiring a third-party monitoring and compliance company. SUMMARY: BACKGROUND AND ANALYSIS Short Term Rentals (STRs) are dwelling units, or a portion thereof, which are rented to guests nightly, weekly, or for a duration of less than 30 consecutive days. Over the past few years, it has become a popular practice nationwide for individuals to rent out rooms, condos, or entire houses for short durations to visitors and vacationers. STRs are common in areas where hotels are expensive or other quality lodging options do not exist. In response to this increasing popularity homeof -citimany sharing, have STR created Range Front es throughout the ordinances as a way to better regulate the time, place, and manner of such uses and to provide a address impacts adverse potential and effectively to more to means nuisances city neighborhoods. The availability and popularity of STRs in Englewood have been on the rise in recent years, especially with the advent of home-sharing websites such as AirBnB, Turnkey, HomeAway, and several others. Due to the increasing popularity of STRs, the use and operation of residential dwelling units as lodging for temporary stays (especially within neighborhoods zoned for low- intensity residential uses) can potentially create impacts not anticipated by the City’s current zoning regulations. While the current Unified Development Code (UDC) regulates visitor accommodation uses such as bed and breakfast establishments, hotels, and extended stay hotels, there are no regulations which apply to STRs in residentially zoned districts. The recommended regulations to permit STRs to operate within the City, while establishing health and safety regulations aimed at limiting potential neighborhood impacts, are attached in Council Bill #47. It should be noted that under the current Englewood Municipal Code, STRs are defined as visitor accommodations and are not permitted in the following zone districts: R-1- A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C, MU-B-1, MU-B-2. The proposed regulations would allow for STRs in all of those districts. Please note that currently, various visitor accommodation uses are permitted within the M-1, M-2, M-O-2, MU-B-2, and I-1 zone districts. Visitor accommodation uses are uses which permit stays of less than 30 days in duration. Finally, it should be noted that a Short Term Rental Ordinance would provide the City with the means to monitor and collect lodging taxes on lawfully established STR's. PLANNING AND ZONING COMMISSION On June 4, 2019, the Planning and Zoning Commission recommended, by a vote of 7-1, to forward the proposed language amendments to City Council with a favorable recommendation and the following Findings of Fact: • That Case No. 2017-03 was brought before the Planning & Zoning Commission at a Public Hearing by the City of Englewood Community Development Department on June 4, 2019; and Page 317 of 394 • At the June 4, 2019 Public Hearing, the Planning & Zoning Commission voted 7–1 to forward a favorable recommendation for adoption of the draft STR regulations to City Council; and • That notice of the Public Hearing was published in the Englewood Herald on May 22, 2019 and was posted on the City’s website May 22, 2019 through June 4, 2019; and • That the participants in the September 20, 2018 STR Open House and the April 2, 2019 STR Forum were notified of the Public Hearing directly by email; and • That the Planning and Zoning Commission held 14 study sessions on STR regulations since May of 2017, and an STR Open House was held on September 20, 2018, from which 21 surveys were collected and analyzed; and • That the proposed STR regulatory text amendments establish permitting and operating requirements for Short Term Rentals and identify the R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C, M-1, M-2, MU-B-1, MU-B-2 zone districts as suitable for the operation of Short Term Rentals; and • That the proposed STR regulatory text amendments conform to the vision, goals, and objectives outlined in Englewood Forward: The 2016 Englewood Comprehensive Plan. On December 3, 2019 the Planning and Zoning Commission held a public hearing to discuss Short Term Rentals; more specifically the items City Council asked to have reviewed. By a vote of 7-0 the Commission voted to recommend the following language amendments to the existing Council Bill #47: A. That the previously identified and practicing short term rentals be grandfathered, as has been the long term practice of the City. B. That Staff's recommendations be adopted, to include that a bed and breakfast use be synonymous with a short term rental. C. That Accessory Dwelling Units be permitted to be used as short term rentals. D. That the revised short term rental text amendments include the enforcement section agreed to by Community Development and the City Attorney's office and reviewed by the Planning and Zoning Commission. E. That City Council instruct Staff to send a letter of apology to everyone who received a cease and desist Notice of Violation (NOV) letter. The Findings of Fact from this Planning and Zoning Commission meeting are attached. A summary of the information found in the existing Council Bill #47 is as follows: Allowed Zone Districts STRs would be allowed in the following Residential, Multi-Use, and Medical zone districts: Page 318 of 394 • R-1-A, R-1-B, R-1-C: Single Unit Residential • R-2-A, R-2-B: Low/Mid Density Single & Multi-Dwelling Residential • MU-R-3-A, MU-R-3-B, MU-R-3-C: Mixed Use Low/Medium Density Residential/Limited Office • M-1, M-2: Mixed Use Medical/Office/High Density Res./ Limited Retail STR Permit Requirements All STR permit applicants would be required to provide the following information to the City and meet the following requirements prior to being issued a STR Permit: • Application and Fee; • Proof of ownership (a signed and notarized affidavit); • Signed and notarized acknowledgement of property compliance with all City Codes and Ordinances, safety checklist, and an acknowledgement that the City has the right of inspection at any reasonable time; • Waiver of liability and indemnification of the City; • Certificate of insurance; • A scale floor plan of the STR, including all levels; • A scale plan for the property showing all parking areas; • Primary owner/manager contact information, including phone numbers and addresses (both physical and email); and • A valid State of Colorado Sales Tax License and City of Englewood Sales and Use Tax License, and an Englewood Lodging License. If an STR permit is approved, it would be valid for one year and subject to renewal on an annual basis. STR Operating Standards Once an operating permit is obtained, all STRs must adhere to specific operating requirements set forth in the STR Ordinance. These include: Page 319 of 394 • A residence used as a STR shall be the primary residence of the legal owner; • STR's shall not exceed two adults per bedroom and may not exceed a maximum of eight occupants; • STR's shall not be rented to more than one party under separate contracts; • Anyone who operates a STR shall be required to obtain an Englewood Lodging License and Englewood Sales and Use Tax License pursuant to Title 5, Chapter 30, of the EMC; • All STR's will be required to comply with all life safety, noise, and property maintenance requirements set forth in the approved Ordinance; and • STR’s would be required to provide one parking space per bedroom. STRs lacking a paved parking space in a driveway, garage, or carport would be limited to two on -street parking spaces which would not be allowed to be reserved for STR guests. Posting of Information within STRs The owner(s)/operator(s) shall post the following information inside the STR in a conspicuous location for any renters/lessees: • A copy of the regulations and requirements regarding Short Term Rental Operating Permits; • The name, address, and telephone numbers of the primary contact person, management company, or owner of the STR that can be reached on a twenty-four hour basis; • The maximum number of persons allowed to occupy the STR; • The maximum number of vehicles allowed to park on, or in front of, the STR property; • Information regarding trash/garbage storage and removal, recycling storage and removal, including the days and location of pick-up. Clearly defined garbage and recycling areas shall be provided; • The property address, including house number, street name and city; • A list of non-emergency numbers, including the non-emergency number of the police department; and • The location of all fire extinguishers and exits, including egress windows. Revocation of STR Permits Page 320 of 394 The proposed Ordinance will also grant the City the ability to revoke STR permits for properties found to be non-compliant with the STR Ordinance or in violation of other EMC regulations. STR permits may be revoked after three sustained violations of the following: • Violation of any term or condition of the operating permit, or for any violation of any provision set forth in this Chapter; • Violation of any provision of the Englewood Municipal Code, City Ordinance, or state law relating to the maintenance of the permitted property operating as an STR, or a failure to remain in compliance with all city or state sales tax regulations; • The existence of any condition, or performance of any act, which the City determines constitutes a nuisance or causes a condition endangering the health, safety and welfare of any individual(s), or damage to the STR dwelling unit identified by the operating permit, including damage caused by fire, flood, wind, or other natural disaster. STR permits will also be terminated upon the sale of the property or if the property is transferred to another owner (STR permits are non-transferrable). STR permits will expire if the operator fails to obtain a renewal of the operating permit before its annual renewal date. If a permit has been revoked, there is a mandatory 18-month waiting period before a new STR permit application may be submitted to the Community Development Department. Enforcement The City has entered into a contract with LodgingRevs to monitor and provide staff assistance with enforcement of Short Term Rentals. Additionally, the City Attorney's Office and Community Development staff have developed specific enforcement language and procedures related specifically to short term rentals. The Planning and Zoning Commission has reviewed and recommends adoption of the language as presented below. The language is as follows, should City Council direct its inclusion: Enforcement 1. Enforcement Officer. An Enforcement Officer shall be responsible for the enforcement of all provisions contained in this Chapter and is hereby authorized to undertake all investigations of violations of this Chapter, to issue notices and orders, to issue summons and complaints for prosecution in the Englewood Municipal Court, to bring any legal action in other courts of competent jurisdiction, and to take other measures as are necessary for the enforcement of the provisions of this Chapter, all in Conformance with Chapter 10 of this Title. If any conflict s exist between this section and Chapter 10 of this Title, the provisions of this section shall govern. 2. Right of Access/Inspection. Pursuant to terms of the Operating Permit, the Enforcement Officer has the right of access and entry upon any property operating as a STR with a valid STR operating permit, at any reasonable time, and upon reasonable suspicion, to make inquiry and inspection to determine if health or safety violations exist upon the property and in violation of any title of the Englewood Municipal Code. The Enforcement Officer shall provide notice of the inspection to the owner(s) of the STR property. Such notice may be personally served upon the owner(s), or by posting the notice on Page 321 of 394 the STR property, by mailing the notice to the owner(s) at their last known address, via U.S. Mail, postage prepaid, or by publication in a newspaper of general circulation. The Notice to Inspect shall be deemed served when personally served, posted upon the property, or upon three days from the date of mailing. The notice of inspection shall include the date and time that the notice was served, posted, or mailed, the date and time of the proposed inspection, a request that the owners(s) be present for the inspection, the name and contact information of the Enforcement Officer, and a specific statement as to each suspected violation. 3. Notice of Violation. a. Written notice shall be provided to the owner(s) of the STR premises operating pursuant to the STR Operating Permit, upon which exists a known or suspected violation of this Chapter. Such notice shall be served upon the owner(s) by posting such notice on the permitted STR property, by personally serving the notice to the owner(s), or by sending the notice certified, return receipt requested via US Mail, postage prepaid, to the last known address of the owner(s) b. The notice shall be deemed received immediately if directly communicated with the owner(s), or primary contact, through either personal notification or telephone call. Notice shall be deemed received seventy-two (72) hours after posting the property, publication in a newspaper of general circulation, or by certified mailing, return receipt requested, via US Postal Service, postage prepaid. c. All notices sent shall include the following information: i. The common address or legal description of the property upon which the STR is located; ii. A specific notice that the owner(s) of the property are in violation of any provision of the Englewood Municipal Code or this Chapter; iii. An administrative order directing the owner(s), or primary contact, of the property to correct the condition within five (5) days of the date of receipt of said notice, such compliance date to be clearly stated upon the face of the notice; iv. Notice that the administrative order may be appealed by complying with the procedures in Title 1, Chapter 10 of the Englewood Municipal Code; v. Notice that failure to comply with the administrative order shall result in the immediate revocation of the STR Operating Permit; vi. Notice that such violations may be subject to criminal prosecution, pursuant to Title 1, Chapter 4 of the Englewood Municipal Code 2000, in addition to any administrative action or order. d. Compliance Inspection. Within five (5) days following receipt of the administrative notice, the property owner or primary contact shall contact the Enforcement Officer seeking Page 322 of 394 inspection of the property and a determination that the property is in compliance with the Code. Enforcement The the to (1) extension provide to one is Officer authorized administrative notice of no more than five (5) days following an inspection of the property if the Enforcement Officer believes the property owner made a good faith but unsuccessful effort to correct the violations, and such violations may be successfully remediated if provided an additional five (5) days. 4. Summons and Complaint; Notice to Appear; Right to Proceed; Fines and Costs. a. If the owner or primary contact fails to schedule a time for the inspection within five (5) business days following service of an administrative notice, the Enforcement Officer may seek a search warrant for the inspection of the premises under the provisions of 1-2A-4 of the Englewood Municipal Code. b. If the Enforcement Officer has made a determination that the property is not in compliance or the property owner has failed to request an inspection, the Enforcement Officer is authorized to issue to the owner(s) of the STR property a Summons and Complaint and notice to appear in the Englewood Municipal Court to answer to charges of a violation of this Chapter. c. Should any owner(s) of such property contest the charge, the City shall not be precluded from addressing the violations of this Chapter, or any other Title of the Englewood Municipal Code which are applicable to the STR, through administrative or civil action to bring the STR property into compliance with this Chapter or the Englewood Municipal Code, or any other applicable law or regulation. d. Any person found guilty, or by the entering of a plea of guilty or nolo contender, to any violation of this Chapter, or any other violation of the Englewood Municipal Code in association with an STR, shall be subject to the provisions of the General Penalty, E.M.C. 1-4-4, and shall be ordered to bring the property and/or violation into compliance before re- letting the property to any short term renters. e. Any person convicted of a violation of this Chapter or applicable Titles of the Englewood Municipal Code may be assessed a fine, court costs, and the costs associated with the services of the Notice and/or Summons and Complaint incurred by the City in association with the enforcement of this Chapter. 5. Revocation/Termination/Surrender of Operating Permit. a. Surrender. Operating Permits shall be deemed surrendered upon delivery to the City of written notice by the property owner(s), or representative, that a dwelling or property will no longer be used as a Short Term Rental. b. Termination. A termination of the Operating Permit occurs when the ownership of the property has been sold, assigned, or otherwise transferred to a new owner(s), or the current STR permit holder has failed to obtain a renewal of the operating permit on or before its annual renewal date. Page 323 of 394 c. Revocation. Any STR Operating Permit may be revoked for cause or suspended by the Director of Community Development, or his/her designee, after written notice to the owner(s) for the following violations: i. Violation of any term or condition of the operating permit, or for any violation of any provision set forth in this Chapter; ii. Violation of any provision of the Englewood Municipal Code, City Ordinance, or State law relating to the maintenance of the permitted property operating as an STR, or a failure to remain in compliance with all City or State sales tax regulations; iii. The existence of any condition, or performance of any act, which the City determines constitutes nuisance or causes a condition endangering the health, safety and welfare of any individuals(s), or damage to the STR dwelling unit identified by the Operating Permit, including damage caused by fire, flood, wind, or other natural disaster; and/or iv. After a third sustained violation of this Short Term Rental code, the Englewood Municipal been regulation, or law Federal has State applicable or Code, or administratively verified, the Director of Community Development, or his/her designee, shall revoke the STR operating permit for said violation. d. Denial/Temporary Denial. The Director of Community Development, or his/her designee, may deny or withhold the approval of a renewal of an annual Operating Permit if the property is in violation of any applicable title or chapter of the Englewood Municipal Code. e. Term of Revocation. The owner(s) of a STR Operating Permit that has been revoked for a violation shall not apply for another STR Operating Permit for a period of eighteen (18) months for any property. 6. Appeals. Any appeal of an administrative decision made by the Director of Community Development, or his/her designee, shall be subject to the process outlined in Title 1, Chapter 10 of the Englewood Municipal Code. Bed and Breakfast Uses - In order to address potential conflict between bed and breakfast uses and short term rentals, the Planning and Zoning Commission has recommended that the two uses be synonymous with one another. The two uses are nearly identical in terms of land use, and it is recommended the same licensing provisions apply to both uses. Therefore, at First to this reflect to amended be need Bill #47 Council existing the Reading, would recommendation by the Planning and Zoning Commission, as well as a change to Section 16-5- 1 Table of Allowed Uses changing the zone district permissions of Bed and Breakfast to match that of Short Term Rentals should City Council direct those changes be made. The current definition of Bed and Breakfast states: "A specific type of visitor accommodation use. A commercial establishment operated in an owner-occupied, one-unit dwelling unit, or portion thereof (including shortprovides an building), accessory that -visitor term lodging (generally stays of thirty (30) days or less), with or without the service of a morning meal only, and where the operator lives on the premises. No more than six (6) guests may be accommodated at any one time. See definition of 'Visitor Accommodation'. " Page 324 of 394 The recommended definition of Bed and Breakfast states: "A Short Term Rental and specific type of visitor accommodation use. The nightly or weekly rental of a residential dwelling unit, or portion thereof (including an accessory building), ancillary to a primary living use, with or without the service of a morning meal and where the operator lives on premises, excluding hotels and motels for less than thirty (30) days, including but not limited to, a single family dwelling, duplex, townhome, condominium, or similar dwelling. No more than eight (8) guests may be accommodated at any one time. Bed and Breakfast uses must comply with the regulations stated by EMC 16-5-6." Furthermore, note that the current definition of Bed and Breakfast and the recommend definition would permit said uses in an accessory building to include accessory dwelling units (ADU's). Currently there are no business licenses for a bed and breakfast use within Englewood. Conformance with Englewood Forward Goals and Objectives The STR code amendment is in conformance with the goals and objectives found in Englewood Forward: The 2016 Englewood Comprehensive Plan: Some of the specific objectives in the Comprehensive Plan include: Goal Live-1: Promote a balanced mix of housing opportunities serving the needs of current and future Englewood citizens. Objective Live-1.1: Allow for housing that meets the needs of all income groups, including appropriate type and location of housing. Objective Live-1.2: Allow for housing investments that improve the housing mix and serve different life cycle stages and groups with special needs in appropriate locations, including both smaller and larger unit sizes and a wider range of housing types, including single- family, duplex, townhome, condominium, multi-family, and accessory dwelling units. Goal Work-2: Build, attract, and retain a quality workforce. Objective Work-2.2: Create and maintain workforce housing meeting the needs of both employers and employees. ANALYSIS: The City's Unified Development Code (UDC) was adopted prior to the advent of short term rentals. While the provisions of the code detailing visitor accommodation can be understood to prohibit the existence of STRs within some zone districts within the City, there are no regulations detailing health, safety and welfare standards for those STRs which may be operating lawfully. Amendments to the text of Title 16 are appropriate when "events, trends, or facts evident after adoption of the text of this Title have changed the character or condition of the community so as to make the proposed amendment inconsistent with the Comprehensive Plan, and the amendment is necessary to promote the public health, safety, or welfare of the community." EMC 16-2-6(F)(2). Page 325 of 394 Additionally, EMC 16-2-6 provides that "whenever the public necessity, convenience, health, safety, general welfare, or appropriate zoning practice justifies an amendment to any section of this Title, and after the amendment has been submitted at a public hearing for consideration and recommendation by the Commission, the Council may, after a public hearing on the proposed text amendment, change the text of this Title." FINANCIAL IMPLICATIONS: If approved, the Short Term Rental process would establish a permitting/registration system which staff recommends being set at $150 per registration annually. Additionally, the operation of a short term rental would require the owner to obtain a State Sales Tax License, an Englewood Sales and Use Tax License, and Englewood Lodging License and would also require the collection and remittance of sales, use and lodging tax to the City. At this price point, the permit/registration fee would cover the City's financial cost of the third-party enforcement agency assisting with monitoring and enforcement activities. Additionally, each registered STR will collect both the sales and lodging tax rates on each rental sale transaction in the amount of 5.5% (lodging tax at 2% and sales tax at 3.5%). The registered STR is responsible for remitting use tax in the amount of 3.5% on purchases for the STR where the local sales tax paid is less than 3.5%. ALTERNATIVES: THE CITY COUNCIL ALTERNATIVES ARE: 1. Adopt existing Council Bill #47, as recommended by the Planning and Zoning Commission. 2. Adopt modified Council Bill #47, which is limited to those provisions of the recommended STR Ordinance associated with land use/ AND also adopt the regulatory/licensing/permitting provisions within a second ordinance (DRAFT Council Bill #4) to be codified in Title 5. 3. Fail to approve a version of CB #47. 4. Amend existing Council Bill #47 (recommended by Planning and Zoning Commission) and approve that version. 5. Table any action until a date certain. City Council may only table this action once. ISSUES TO CONSIDER: Based upon the public hearing testimony and the Planning and Zoning Commission recommendations, City Council has the following decisions to consider with regard to the Short Term Rental Ordinance. Please note: this is not intended to be the only items City Council may discuss at First Reading. 1. Permitting property owners to utilize Accessory Dwelling Units (ADUs) for Short Term Rental operations. 2. With regard to the four property owners operating visitor accommodations within the currently permitted zone districts, does City Council wish to: Page 326 of 394 a. Allow these properties to continue operating outside the licensing requirements provided within the proposed update; b. Require these properties to obtain an operational license evidencing compliance with the updated health and safety requirements, but restricting the requirements for primary residency of the property owner to residential zoning districts; or c. Allow these properties to operate without being the primary residence of the property owner and without an operating license? 3. All newly established short term rentals operating within the zone districts of M-1, M-2, M-O- 2, TSA, MU-B-2 and I-1 will be required to comply with the full requirements of the final approved ordinance. 4. Short term rentals operating in all other zone districts must comply with all licensing and health and safety requirements including the provision that the property must be the primary residence of the property owner. a. Does City Council wish to provide a "grace period" longer than 30 days for when the Ordinance becomes effective? b. If City Council decides to split the existing Council Bill #47 into two ordinances both Ordinances should become effective on the same date. i. Modified Council Bill #47, which is limited to land use provisions of the regulations ii. DRAFT Council Bill #4 related to business licensing, property registration, short term rental inspection/operating permit, and enforcement provisions associated with those processes 5. The Bed and Breakfast use definition is proposed to be changed to be synonymous with that of a short term rental and will be processed and licensed in the same manner. 6. Language related to enforcement has been recommended by Planning and Zoning. Does City Council endorse this process? 7. The Planning and Zoning Commission recommended an apology letter be sent to STR operators who received a cease and desist letter. Direction is needed from Council regarding this recommendation. ATTACHMENTS: 1. Existing Council Bill #47, as approved and recommended by the Planning and Zoning Commission 2. Modified Council Bill #47 (Requested by City Council). Limited to land use provisions 3. DRAFT Council Bill #4 (Requested by City Council). Amends Title 5, Business Licencing and incorporates those provisions of the existing Council Bill #47 related to business licensing, property registration, short term rental inspection/operating permit, and enforcement provisions. 4. Planning and Zoning Commission Findings of Fact 5. Planning and Zoning Commission Public Hearing Staff Report 6. Draft Affidavit and Checklist 7. Colorado STR Community Comparison Page 327 of 394 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 47 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER _______________ AN ORDINANCE AMENDING TITLE 16, CHAPTER 5, SECTION 6 OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING ESTABLISHMENT OF A SHORT TERM RENTAL CODE, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood (“Englewood” or “City”) is a homerule municipality organized under Article XX of the Colorado Constitution and with the authority of the Englewood Home Rule Charter; WHEREAS, Title 16 of the Englewood Municipal Code, Unified Development Code, sets forth the City’s zoning regulations and permitting requirements for the use of real property within Englewood; WHEREAS, the City Council desires to adopt a permit application process and fee for short- term rental properties to protect the health, safety and welfare of all properties and persons residing within the City; and WHEREAS, the Englewood City Council finds and declares that the amendments to the Englewood Municipal Code regarding short-term rentals as set forth herein are proper in light of the reasonable needs and desires of the City and in the promotion of the public health, safety, and welfare of the City’s residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 16, Chapter 5, Section 6. 16-5-6: Short Term Rentals. A.This Section shall be known and may be cited as the "Short Term Rental Code of the City of Englewood.” A Short Term Rental (STR) is an owner occupied residential dwelling unit that provides nightly or weekly rental of all or some portion of such dwelling unit, all in accordance with this Short Term Rental Code, and all other applicable laws and regulations. (See definitional section below). B.Zoning Districts. STR’s are allowed in the following zone districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, M-1, M-2, MU-R-3-A, MU-R-3-B, MU-R-3C, MU-B-1 and MU-B-2. C.Short Term Rental Application Procedures. All persons desiring to operate a STR shall complete the following application procedures. (THIS COUNCIL BILL WAS TABLED FROM OCTOBER 21, 2019) Existing Council Bill No. 47 as recommended by the Planning and Zoning Commission Page 328 of 394 2 1. Application Submittal Requirements. A completed application, including all appropriate documentation, must be submitted to the City of Englewood Community Development Department by the applicant. The application shall include the following documents: a. A completed Short Term Rental Registration form as provided by the Community Development Department. i. Application and Fee; ii. Proof of Ownership of the subject property by way of a signed and notarized “Proof of Residency and Ownership affidavit”; iii. Signed and notarized acknowledgement of property compliance with all City codes and ordinances, safety checklist, acknowledgement that the City has the right of inspection at any time and at any reasonable time; iv. Waiver of liability and indemnification of the City; v. Certificate of Insurance; vi. A scale floorplan of the STR, including all levels; vii. A scale plan for the property showing all parking areas; viii. Primary owner/manager contact information, including phone numbers, addresses, and email addresses; ix. A valid City of Englewood Lodging Sales Tax Certificate within 30 days from the approval of the application; x. A valid State of Colorado Sales Tax License; xi. A copy of the required Posting Notice as required in Section E of this Chapter; xii. All other documentation referred to within this Chapter. 2. City Review. Community Development Department staff will review the completed application and associated documentation as required by this Chapter within 30 days of receipt. Following the review and determination that the application is complete in all respects, the application and associated documentation shall be referred to all applicable City departments for review regarding conformance with all health and life safety regulations adopted by the City of Englewood. Within 60 days following the filing of the application, and at the conclusion of the City review, the applicant will be provided with a written determination regarding the STR operating permit. D. Standards for Short Term Rentals. All STR’s shall be subject to the following conditions: Page 329 of 394 3 1. STR Operating Permits. All STR’s must have a valid and current Operating Permit. a. Operating Permits shall be issued by the Community Development Department in accordance with this Chapter. b. The Operating Permit shall be signed by the owner(s) of the real property used as an STR, and be conspicuously posted within the STR. c. An Operating Permit shall be effective for twelve months, and shall go into effect upon the date of issuance, unless surrendered, suspended or revoked for cause. d. Operating Permits are not transferrable between owners or properties. 2. STR Operating Requirements. a. The STR shall be the legal responsibility of the legal owner(s) as set forth on the Application and Permit. b. A residence used as an STR shall be the primary residence of the legal owner(s). c. For parcels containing ADU’s the primary resident may obtain a STR permit for the main residence OR the ADU; both structures may not be permitted concurrently. d. An STR shall not exceed two (2) adults per bedroom. e. The maximum occupancy of an STR shall be eight (8) persons. f. No STR shall be located in any recreational vehicle, travel trailer, or temporary structure. g. No STR shall be rented to more than one party under separate contracts. h. During any rental period, the STR shall not be used for any other purpose (e.g. home-based business, temporary event, etc.) by the renter or owner other than for lodging purposes. i. An apartment complex comprised of rental units may not be utilized as an STR. 3. Regulatory Compliance. All STR’s shall meet the standards of all building, electrical, plumbing and fire codes adopted or amended by the City of Englewood. 4. Fees. Fees associated with the issuance of the Operating Permit and any other requirements of this Chapter, shall be established by action of the Englewood City Council, and set forth within the City’s Fee and Rate Schedule. Page 330 of 394 4 5. Lodging License. Any person who owns and operates an STR shall obtain a City of Englewood STR Lodging License, pursuant to Title 5, Chapter 30, as amended, of the Englewood Municipal Code 2000. 6. Taxes. Owners and operators of STR’s shall be subject to, and responsible for, all sales and lodging taxes as set forth under Title 4-4-4-1, Lodging Services of the Englewood Municipal Code. The requirements of EMC 4-4-4-1 are hereby deemed to incorporate and be applicable to all STR’s. Failure to collect and remit all applicable sales and lodging taxes at the City, State or Federal level is grounds for revocation of the Operating Permit. 7. Primary Local Contact. Each STR owner or operator shall designate a primary contact person. Such person shall be available on a twenty-four (24) hour basis, seven days per week, and be able to respond to any concerns from renters or City enforcement personnel. The Primary Contact may be the property owner(s) or another person employed by, authorized by, or engaged by the owner(s) to manage, rent or supervised the STR. The Primary Contact shall be able to respond to any concerns that may arise during any rental period of the STR, including the ability to access the STR in a timely manner. Contact information for the Primary Contact shall be provided as part of the application and permit approval process. If the Primary Contact is not the owner(s), the Primary Contact shall be a named individual and the following information shall be provided: cell and/or home phone number, mailing address, email address, and business address and business phone, if applicable. Any change(s) to the Primary Contact information shall be provided, in writing, to the Community Development Department, within ten (10) days of such change(s). 8. Life Safety. All STR’s shall contain the following: a minimum of one operable fire extinguisher per floor, operable carbon monoxide detectors in all rooms used for sleeping purposes, and operable smoke detectors on each floor of the STR. An STR with living or sleeping areas within a basement area shall be equipped with egress windows and other exit systems. 9. Noise. No person shall make, cause, permit or suffer any unreasonable noise from any STR that is audible beyond the property lines of the STR or in excess of the sound pressure limits set forth in 6-2-8 of this Code. 10. Property Maintenance. The STR property shall be properly maintained and free of loose, uncollected trash, garbage, and litter. The owner(s) or management company shall comply with all property codes of the City of Englewood. 11. Parking. All STR’s shall provide one parking space per bedroom. STR’s lacking a paved parking space in a driveway, garage, or carport shall be limited to two (2) on-street parking spaces located in front of the STR. These on-street locations shall Page 331 of 394 5 remain public and may not be reserved by the use of any signage. Any advertisements or listing of the STR shall provide the number of parking spaces available for use by the renter. 12. Signs. A permitted STR dwelling is permitted one (1) exterior sign, up to a maximum of one (1) square foot in area. The sign shall not be illuminated nor contain any animation. 13. Owner(s) Responsibility for Compliance. Compliance with the terms and conditions set forth in this Chapter shall be the responsibility of the legal owner(s) of the STR, as set forth on the application and Proof of Residency and Ownership Affidavit, and are non-delegable. Any violations of any term or condition of this Chapter are strictly the responsibility of the owner(s), and any summons and complaint served for any violation shall be served upon the owner(s) of the STR. 14. Limitation of Liability. The City of Englewood assumes no responsibility for the operation of the permitted STR property. The owner(s) shall sign a waiver and release of liability, acknowledging and agreeing to indemnify and hold harmless the City of Englewood from any and all negligent acts which may occur from the renting or operation of the STR. Such indemnification shall include defending the City from any claims arising from the use of the property as an STR. The Owner(s) shall further warrant and agree to compensate the City of Englewood for any expenses incurred in any defense of any lawsuit or other action associated with the renting or operation of the STR, and which is brought against the City. 15. Operating Permit Renewal. All STR permits shall be renewed through the Community Development Department on an annual basis. All renewals shall include an updated compliance and safety check report, and any updates to the information required under 16-5-6(C) (1) (A) (i-xii) along with the payment of all renewal and permit fees. E. Posting of Information. The owner(s)/operator(s) shall post the following information inside the STR in a conspicuous location for any renters/lessees: 1. A copy of the regulations and requirements regarding Short Term Rental Operating Permits; 2. The name, address, and telephone numbers of the primary contact person, management company, or owner of the STR that can be reached on a twenty-four hour basis; 3. The maximum number of persons allowed to occupy the STR; 4. The maximum number of vehicles allowed to park on, or in front of, the STR property; Page 332 of 394 6 5. Information regarding trash/garbage storage and removal, recycling storage and removal, including the days and location of pick-up. Clearly defined garbage and recycling areas shall be provided; 6. The property address, including house number, street name and city; 7. A list of non-emergency numbers, including the non-emergency number of the police department; 8. The location of all fire extinguishers and exits, including egress windows. F. Revocation/Termination/Surrender of Operating Permit. 1. Surrender. Operating Permits shall be deemed surrendered upon delivery to the City of written notice by the property owner(s), or representative, that a dwelling or property will no longer be used as Short Term Rental. 2. Termination. A termination of the Operating Permit occurs when the ownership of the property has been sold, assigned, or otherwise transferred to a new owner(s), or the current STR permit holder has failed to obtain a renewal of the operating permit on or before its annual renewal date. 3. Revocation. Any STR Operating Permit may be revoked for cause or suspended by the Director of Community Development, or his/her designee, after written notice to the owner(s) for the following violations: a. Violation of any term or condition of the operating permit, or for any violation of any provision set forth in this Chapter. b. Violation of any provision of the Englewood Municipal Code, City Ordinance, or State law relating to the maintenance of the permitted property operating as an STR, or a failure to remain in compliance with all City or State sales tax regulations. c. The existence of any condition, or performance of any act, which the City determines constitutes nuisance or causes a condition endangering the health, safety and welfare of any individual(s), or damage to the STR dwelling unit identified by the operating permit, including damage caused by fire, flood, wind, or other natural disaster. d. After a third sustained violation of this Short Term Rental code, the Englewood Municipal Code, or applicable State or Federal law or regulation, has been administratively verified, the Director of Community Development, or his/her designee, shall revoke the STR operating permit for said violation. 4. The Director of Community Development, or his/her designee, may deny or withhold the approval of a renewal of an annual operating permit if the property is in violation of any applicable title or chapter of the Englewood Municipal Code. Page 333 of 394 7 5. The owner(s) of an STR operating permit that has been revoked for a violation shall not apply for another STR operating permit for a period of eighteen (18) months for any property. G. Enforcement and Appeals. 1. Enforcement: Enforcement of this Code shall be in accordance with Chapter 10 of the Unified Development Code of the City of Englewood, 1) by or at the direction of the Department of Code Enforcement upon information provided by any City department or 2) through the Community Development Department. Additionally, the City Council may contract with an outside entity to provide enforcement of some or all provisions of this Code. Any conflicts between this Short Term Rental Code and Chapter 10 of the Unified Development Code shall be resolved in accordance with this Short Term Rental Code. 2. Appeals. Any appeal of an administrative decision made by the Director of Community Development, or his/her designee, shall be subject to the process outlined in Title 1, Chapter 10 of the Englewood Municipal Code. H. Definitions. The following definitions are applicable to this section: Applicant: The owner(s) of the real property for which a short term rental permit is sought. If a property has multiple owners, including joint ownership by spouses, all persons with an ownership interest must sign the application permit. ADU: An Accessory Dwelling Unit. Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit. If two, or more lots designated by plat, are combined to be built upon as a unit, the combined lots shall be understood to be a single lot for purposes of this Short Term Rental Code. Owner: The person(s) or entity listed on the title to the property as found on an Arapahoe County Deed of Record. Such persons are also the persons who sign the “Proof of Residency” affidavit. Permittee: The owner of the dwelling unit that has a valid STR operating permit. Primary Residence: Means a residence which is the usual place of return for housing as documented by at least two of the following documents: motor vehicle registration, Colorado driver’s licensed or Colorado identification card, voter registration, property tax notices, or utility bill. A person can only have one primary residence. Renter or Lessee: The party contracting to rent the STR for a term less than thirty (30) days. Short Term Rental (STR): The nightly or weekly rental of a residential dwelling unit, or portion thereof, ancillary to a primary living use, excluding hotels, motels, bed and breakfasts, for less than thirty (30) days, including but not limited to, a single family dwelling, duplex, townhome, Page 334 of 394 8 condominium, or similar dwelling. The term Short Term Rental also includes and applies to “vacation rentals”. Section 2. Amendment of Title 16, Chapter 5, Section 1(C). Title 16, Chapter 5, Section 1(C) of the Englewood Municipal Code shall be amended as follows: §16-5-1: - Table of Allowed Uses. C. Table of Allowed Uses. TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Addition al Regulati ons R 1 A R 1 B R 1 C R 2 A R 2 B MU R 3 A MU R 3 B MU R 3 C M 1 M 2 — M O 2 M U B 1 M U B 2 T S A I 1 I 2 RESIDENTIAL USES Group Living Group living facility, large/special C C C C C P P 16-5- 2.A.1 Group living facility, small P P P P P P P P P P P P P 16-5- 2.A.1 Small treatment center C C C C C P P 16-5- 2.A.1 Household Living Live/work dwelling P P P P L L 16-5- 2.A.2 Manufactured home park P 16-5- 2.A.3 Multi-unit dwelling P P P P P P P P P P 16-5- 2.A.4 Page 335 of 394 9 16-6- 1.C.4 One-unit dwelling P P P P P P P P P P 16-5- 2.A.5 16-5- 2.A.6 One-unit dwelling on a small lot P P P P P P P P P P 16-5- 2.A.6 Boarding or rooming house C C C C C C C 16-5- 2.A.7 PUBLIC/INSTITUTIONAL USES Animal Shelter Not-for-profit animal shelter P P Emergency Temporary Shelter Housing shelter, food shelter C C Government and City All other buildings and facilities not specified under the public/institution al uses category P P P P P P P P P P P P P P P Library Public P P P P P Museum/Cultural All uses P P P P P P P Park and Open Space Athletic field C C C C C C C C C P P Community garden C C C C C C C C C C C Park P P P P P P P P P P P P P P P Page 336 of 394 10 Religious Assembly Religious institutions and associated accessory uses P P P P P P P P P P L L L L L School Education institution P P P P P P P P P P P P C Telecommunication Facility (See Chapter 16-7, "Telecommunication s," for applicable use-related guidelines and standards) Alternative tower structure P P P P P P P P P P P P P P P Antenna(micro wave antenna, sectorized panel antenna, whip antenna) P P P P P P P P P P P P P P P Tower structure C C C C C C C C C C C C C P P Transportation Facility RTD maintenance facility P P Transit center P Utility Facility(not including Telecommunication Facility) Major utility facility P P 16-5- 2.B.1 Minor utility facility (as a principal use of land) C C C C C C C C C C C C C C C COMMERCIAL USES Adult Use All types as defined in Chapter 16-11 P P 16-5- 2.C.1 Agricultural Use Greenhouse/ nursery, raising of plants, flowers, or nursery stock P P 16-5- 2.C.2 Page 337 of 394 11 Animal Sales and Service Animal shelter P P Kennel/day care L P P Pet store (live animal sale) P P P P P P Small animal veterinary hospital or clinic L L P C P P Assembly Assembly hall or auditorium, hall rental for meetings or social occasions P P P C P P Membership organization (excluding adult use) P P P C P P Dependent Care Dependent care center (less than 24-hour care,any age) C C C C C P P P P P P P C 16-5- 2.C.7 Entertainment/Amus ement: Indoor Amusement establishment C C C C C C Hookah lounge P P P P P Physical fitness center/spa P P P P P P Theater and performance/co ncert venue, not including adult entertainment P P P P P Page 338 of 394 12 Entertainment/ Amusement: Outdoor General outdoor recreation C C C Financial Institution Check cashing facility P P P P Financial institution, with drive-through service L P P Financial institution, without drive- through service P P P P P P Food and Beverage Service Brew Pub P P P P P P Caterer P P P P Restaurant, bar, tavern with or without outdoor operations P P P P P P Restaurant, with drive- through service L P P Sales Room (associated with Brewery, Distillery or Winery) C C C C C Take out and delivery only P P P Medical/Scientific Service Clinic P P P P P P P P P Hospital P P P P P P Page 339 of 394 13 Laboratory (dental, medical or optical) P P P P P P P P P P Medical Marijuana Medical marijuana center P P P P P 16-5- 2.C.13 16-5- 4.C.1.f Medical marijuana optional premises cultivation operation A A A P P 16-5- 2.C.13 16-5- 4.C.1.f Medical marijuana infused products manufacturer A A A P P 16-5- 2.C.13 16-5- 4.C.1.f Office Office, type 1 (general) P P P P P P P P P Office, type 2 (limited) P P P P P P P P P P 16-5- 2.C.8 Retail Sales and Service (Personal Service) Crematorium C Dry cleaner, drop-off site only P P P P P P Instructional service P P P P P Massage therapy P P P P P P P P Mortuary P P Personal care P P P P P P Page 340 of 394 14 Service: photography studio and photo lab, upholstery, printer, locksmith, tailor P P P P P P Tattoo and body-piercing establishment P P Temporary employment business C C 16-5- 2.C.11 Retail Sales and Service (Repair and Rental) Equipment rental L P P Repair shop (not including auto) P P P P P P Retail Sales and Service (Sales) Antique store P P P P P P Art gallery P P P P P P Auction house P P P Buy-back, second-hand, thrift, consignment stores, large P P P P Buy-back, second-hand, thrift, consignment stores, small P P P P P Convenience store P P P P P Page 341 of 394 15 Grocery/special ty food store P P P P P P Internet sales location P P P P Liquor store P P P P P P Pawnbroker P P 16-5- 2.C.10 Retail sales, general merchandise P P P P/ C P P For TSA, P if ≤ 20,000 sq. ft., C if > 20,000 sq. ft. of gross leasable floor area School Trade or business school P P P C P P 16-5- 2.C.12 Studio Radio/television broadcasting studio, recording/film studio P P P P Vehicle and Equipment Automobile pawnbroker P P P 16-5- 2.C.10 Automotive sales, rental L P P 16-5- 2.C.3 Automotive service and repair, including body or fender work P P 16-5- 2.C.4 Automotive service and repair, not L P P 16-5- 2.C.4 Page 342 of 394 16 including body or fender work Automotive service station (gasoline facility) L P P 16-5- 2.C.5 Car wash, auto detailing L L L 16-5- 2.C.6 16-5- 2.C.4 Commercial storage of operable vehicles P P 16-5- 2.C.3 Fuel dispensing L P P Parking facility, structure (operable vehicles), principal use C C C C L L C P P 16-5- 2.C.3 16-5- 2.C.9 Parking area, surface (operable vehicles), principal use C C C C L L C P P 16-5- 2.C.9 16-5- 2.C.3 Recreational vehicles and boats, sales or rental L P P Visitor Accommodation Bed and breakfast P P P Hotel P P P P P Hotel, extended stay P P P Page 343 of 394 17 Short Term Rental P P P P P P P P P P P P 16-5-6 Wholesale Sales and distribution P P MANUFACTURING/INDUSTRIAL USES Industrial Service Industrial service, light C P P 16-5- 2.D.3 (TSA only) Industrial service, heavy P Manufacturing, Including Processing, Fabrication, or Assembly Brewery C C C P P 16-5- 2.C.14 Distillery C C C P P 16-5- 2.C.14 Winery C C C P P 16-5- 2.C.14 Manufacturing, light C P P 16-5- 2.D.4 (TSA only) Manufacturing, heavy P Warehouse/Storage Fuel storage (principal use) L Mini-storage facility P P Moving and storage P P Outdoor storage P P 16-6-7.G Page 344 of 394 18 Storage yard for vehicles, equipment, material, and/or supplies P P 16-5- 2.D.6 Warehousing and/or storage P P Waste/Salvage Automobile wrecking/ salvage yard C P 16-5- 2.D.1 Commercial incinerator C Hazardous waste handling C C 16-5- 2.D.2 Recycling operation, all processing occurs within enclosed structure P P 16-5- 2.D.5 Recycling operation, some or all processing occurs outside an enclosed structure C C 16-5- 2.D.5 Sanitary service C Waste transfer station (not including hazardous waste) C C ACCESSORY USES - See Section 16-5-4 for additional regulations Page 345 of 394 19 Household Living (Accessory to Principal One-Unit Detached Dwelling Uses Only) Accessory Dwelling Unit A A A A A* Home Care Accessory Uses (Accessory to Principal One-Unit Dwelling Uses Only) Adult dependent care C - A A A A A A A A A A Family child care home C - A A A A A A A A A A Infant/toddler home C - A A A A A A A A A A Large child care home L - A L - A L - A L - A Other Accessory Uses Caretaker's quarter A A A A A A Dormitory A A A Home occupation A A A A A A A A A A 16-5- 4.C.1 Minor utility facility (as accessory use of land) L - A L - A L - A L - A L - A L-A L-A L-A L - A L- A L - A L - A L- A L - A L - A 16-5- 2.B.1 Parking area (surface) A A A A A A A A A A A 16-5- 4.C.2 Parking garage (structure) A A A Satellite dish antenna A A A A A A A A A A A A A A A 16-5- 4.C.3 Page 346 of 394 20 Service units or facility A A A A A 16-5- 4.C.4 Swimming pool A A A A A A A A A A A A A A A 16-5- 4.C.5 Wholesale sales and distribution A A A A 16-5- 4.C.6 TEMPORARY USES - See Section 16-5-5 for additional regulations Car wash T T T T T T T T T T T T T T T Expansion or replacement of existing facilities T T T T T T T T T T T T T T Farmers market T T T T T T Food vendor carts T T T T T T T Mobile storage (with or without building permit) T T T T T T T T T T T T T T T Real estate sales or leasing office (also model homes) T T T T T T T T T T T T T T T Outdoor sales (e.g., tent sales, parking lot sales, seasonal sales, windshield repair, sales from retail vendor carts, etc.) T T T T T T Page 347 of 394 21 Special event (e.g., carnival, bazaar, fair) T T T T T T T T T T T T T T T Tents, canopies T T T T T T T T T T T T T T T USES NOT MENTIONED See 16-5-1.B for procedures and criteria for approving unlisted uses, including unlisted accessory and temporary uses. Section 3. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. §16-10-2 provides that any violation of Title 16 shall be subject to the penalties provided for within E.M.C. Title 1, Chapter 4, “General Penalty” provision(s). E.M.C. §1-4, subsections 1-7, mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 21st day of October, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 24th day of October, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 23rd day of October, 2019 for thirty (30) days. Page 348 of 394 22 Linda Olsen, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of October, 2019. Stephanie Carlile Page 349 of 394 1 Modified Council Bill No. 47 Land Use Provisions Only (THIS COUNCIL BILL WAS TABLED FROM OCTOBER 21, 2019) BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 47 SERIES OF 2019/2020 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 5, SECTION 6 OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING ESTABLISHMENT OF A SHORT TERM RENTAL CODE, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood (“Englewood” or “City”) is a homerule municipality organized under Article XX of the Colorado Constitution and with the authority of the Englewood Home Rule Charter; WHEREAS, Title 16 of the Englewood Municipal Code, Unified Development Code, sets forth the City’s zoning regulations and permitting requirements for the use of real property within Englewood; WHEREAS, the City Council desires to adopt a permit application process and fee for short- term rental properties to protect the health, safety and welfare of all properties and persons residing within the City; and WHEREAS, the Englewood City Council finds and declares that the amendments to the Englewood Municipal Code regarding short-term rentals as set forth herein are proper in light of the reasonable needs and desires of the City and in the promotion of the public health, safety, and welfare of the City’s residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 16, Chapter 5, Section 6). 16-5-6: Short Term Rentals. A. A Short Term Rental (STR) is an owner occupied residential dwelling unit that provides nightly or weekly rental of all or some portion of such dwelling unit, all in accordance with all applicable laws and regulations. (See definitional section below). Page 350 of 394 2 B. Zoning Districts. STR’s are allowed in the following zone districts: R-1-A, R-1-B, R-1- C, R-2-A, R-2-B, M-1, M-2, MU-R-3-A, MU-R-3-B, MU-R-3C, MU-B-1 and MU-B-2. C. Licensing and Permitting Required. It shall be unlawful for any person or entity to offer or provide lodging in the form of a short term rental within a residential property located within the City of Englewood in any area not zoned to allow for such use, and without having first obtained a City of Englewood Business License, Rental Registration and Operating Permit, pursuant to Title 5, Chapter 31 of the Englewood Municipal Code 2000, as amended. Where the provisions of Chapter 30 of Title 5 and the Operating Permit, as set forth below, are in conflict, the provisions of the Operating Permit shall apply. D. Enforcement. Enforcement of the provisions of this Section shall be in conformance with Chapter 10 of this Unified Development Code. E. Definitions. The following definitions are applicable to this section: Applicant: The owner(s) of the real property for which a short term rental permit is sought. If a property has multiple owners, including joint ownership by spouses, all persons with an ownership interest must sign the application permit. ADU: An Accessory Dwelling Unit. Enforcement Officer: The provisions of this Chapter shall be administered and enforced by the City Manager of the City of Englewood, or his designee. The enforcement officer, who may be a zoning enforcement officer, will have all legal powers necessary to enforce this Chapter. Summons and complaints issued by the Enforcement Officer may be served by the Enforcement Officer, a Code Enforcement Officer, or a Law Enforcement Officer. Long Term Lease: The lease or rental of a property for longer than thirty days. Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit. If two, or more lots designated by plat, are combined to be built upon as a unit, the combined lots shall be understood to be a single lot for purposes of this Short Term Rental Code. Owner: The person(s) or entity listed on the title to the property as found on an Arapahoe County Deed of Record. Such persons are also the persons who sign the “Proof of Residency” affidavit. Owner Occupied. Means the property owner’s primary residence. A person can only have one primary residence. Permittee: The owner of the dwelling unit that has a valid STR operating permit. Primary Residence: Means a residence which is the usual place of return for housing as documented by at least two of the following documents: motor vehicle registration, Colorado driver’s licensed or Colorado identification card, voter registration, property tax notices, or utility bill. A person can only have one primary residence. Page 351 of 394 3 Renter or Lessee: The party contracting to rent the STR for a term less than thirty (30) days. Short Term Rental (STR): The nightly or weekly rental of a residential dwelling unit, or portion thereof, ancillary to a primary living use, excluding hotels, motels, for less than thirty (30) days, including but not limited to, a single family dwelling, duplex, townhome, condominium, or similar dwelling. The term Short Term Rental also includes and applies to “vacation rentals”. Bed and Breakfast: A Short Term Rental. The nightly or weekly rental of a residential dwelling unit, or portion thereof, ancillary to a primary living use, with or without the service of a morning meal and where the operator lives on the premises, excluding hotels, motels, for less than thirty (30) days, including but not limited to, a single family dwelling, duplex, townhome, condominium, or similar dwelling. No more than eight (8) guest may be accommodated at any one time. Bed and Breakfast uses must comply with the regulations stated by EMC 16-5-6. Section 2. Amendment of Title 16, Chapter 5, Section 1(C). Title 16, Chapter 5, Section 1(C) of the Englewood Municipal Code shall be amended as follows: §16-5-1: - Table of Allowed Uses. C. Table of Allowed Uses. TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Addition al Regulati ons R 1 A R 1 B R 1 C R 2 A R 2 B MU R 3 A MU R 3 B MU R 3 C M 1 M 2 — M O 2 M U B 1 M U B 2 T S A I 1 I 2 RESIDENTIAL USES Group Living Group living facility, large/special C C C C C P P 16-5- 2.A.1 Page 352 of 394 4 Group living facility, small P P P P P P P P P P P P P 16-5- 2.A.1 Small treatment center C C C C C P P 16-5- 2.A.1 Household Living Live/work dwelling P P P P L L 16-5- 2.A.2 Manufactured home park P 16-5- 2.A.3 Multi-unit dwelling P P P P P P P P P P 16-5- 2.A.4 16-6- 1.C.4 One-unit dwelling P P P P P P P P P P 16-5- 2.A.5 16-5- 2.A.6 One-unit dwelling on a small lot P P P P P P P P P P 16-5- 2.A.6 Boarding or rooming house C C C C C C C 16-5- 2.A.7 PUBLIC/INSTITUTIONAL USES Animal Shelter Not-for-profit animal shelter P P Emergency Temporary Shelter Housing shelter, food shelter C C Government and City All other buildings and facilities not specified under the public/institution P P P P P P P P P P P P P P P Page 353 of 394 5 al uses category Library Public P P P P P Museum/Cultural All uses P P P P P P P Park and Open Space Athletic field C C C C C C C C C P P Community garden C C C C C C C C C C C Park P P P P P P P P P P P P P P P Religious Assembly Religious institutions and associated accessory uses P P P P P P P P P P L L L L L School Education institution P P P P P P P P P P P P C Telecommunication Facility (See Chapter 16-7, "Telecommunication s," for applicable use-related guidelines and standards) Alternative tower structure P P P P P P P P P P P P P P P Antenna(micro wave antenna, sectorized panel antenna, whip antenna) P P P P P P P P P P P P P P P Tower structure C C C C C C C C C C C C C P P Transportation Facility RTD maintenance facility P P Transit center P Utility Facility(not including Telecommunication Facility) Major utility facility P P 16-5- 2.B.1 Minor utility facility (as a C C C C C C C C C C C C C C C Page 354 of 394 6 principal use of land) COMMERCIAL USES Adult Use All types as defined in Chapter 16-11 P P 16-5- 2.C.1 Agricultural Use Greenhouse/ nursery, raising of plants, flowers, or nursery stock P P 16-5- 2.C.2 Animal Sales and Service Animal shelter P P Kennel/day care L P P Pet store (live animal sale) P P P P P P Small animal veterinary hospital or clinic L L P C P P Assembly Assembly hall or auditorium, hall rental for meetings or social occasions P P P C P P Membership organization (excluding adult use) P P P C P P Dependent Care Dependent care center (less than 24-hour care,any age) C C C C C P P P P P P P C 16-5- 2.C.7 Page 355 of 394 7 Entertainment/Amus ement: Indoor Amusement establishment C C C C C C Hookah lounge P P P P P Physical fitness center/spa P P P P P P Theater and performance/co ncert venue, not including adult entertainment P P P P P Entertainment/ Amusement: Outdoor General outdoor recreation C C C Financial Institution Check cashing facility P P P P Financial institution, with drive-through service L P P Financial institution, without drive- through service P P P P P P Food and Beverage Service Brew Pub P P P P P P Caterer P P P P Restaurant, bar, tavern with or without outdoor operations P P P P P P Restaurant, with drive- through service L P P Page 356 of 394 8 Sales Room (associated with Brewery, Distillery or Winery) C C C C C Take out and delivery only P P P Medical/Scientific Service Clinic P P P P P P P P P Hospital P P P P P P Laboratory (dental, medical or optical) P P P P P P P P P P Medical Marijuana Medical marijuana center P P P P P 16-5- 2.C.13 16-5- 4.C.1.f Medical marijuana optional premises cultivation operation A A A P P 16-5- 2.C.13 16-5- 4.C.1.f Medical marijuana infused products manufacturer A A A P P 16-5- 2.C.13 16-5- 4.C.1.f Office Office, type 1 (general) P P P P P P P P P Office, type 2 (limited) P P P P P P P P P P 16-5- 2.C.8 Crematorium C Page 357 of 394 9 Retail Sales and Service (Personal Service) Dry cleaner, drop-off site only P P P P P P Instructional service P P P P P Massage therapy P P P P P P P P Mortuary P P Personal care P P P P P P Service: photography studio and photo lab, upholstery, printer, locksmith, tailor P P P P P P Tattoo and body-piercing establishment P P Temporary employment business C C 16-5- 2.C.11 Retail Sales and Service (Repair and Rental) Equipment rental L P P Repair shop (not including auto) P P P P P P Retail Sales and Service (Sales) Antique store P P P P P P Art gallery P P P P P P Auction house P P P Buy-back, second-hand, P P P P Page 358 of 394 10 thrift, consignment stores, large Buy-back, second-hand, thrift, consignment stores, small P P P P P Convenience store P P P P P Grocery/special ty food store P P P P P P Internet sales location P P P P Liquor store P P P P P P Pawnbroker P P 16-5- 2.C.10 Retail sales, general merchandise P P P P/ C P P For TSA, P if ≤ 20,000 sq. ft., C if > 20,000 sq. ft. of gross leasable floor area School Trade or business school P P P C P P 16-5- 2.C.12 Studio Radio/television broadcasting studio, recording/film studio P P P P Page 359 of 394 11 Vehicle and Equipment Automobile pawnbroker P P P 16-5- 2.C.10 Automotive sales, rental L P P 16-5- 2.C.3 Automotive service and repair, including body or fender work P P 16-5- 2.C.4 Automotive service and repair, not including body or fender work L P P 16-5- 2.C.4 Automotive service station (gasoline facility) L P P 16-5- 2.C.5 Car wash, auto detailing L L L 16-5- 2.C.6 16-5- 2.C.4 Commercial storage of operable vehicles P P 16-5- 2.C.3 Fuel dispensing L P P Parking facility, structure (operable vehicles), principal use C C C C L L C P P 16-5- 2.C.3 16-5- 2.C.9 Parking area, surface (operable C C C C L L C P P 16-5- 2.C.9 16-5- 2.C.3 Page 360 of 394 12 vehicles), principal use Recreational vehicles and boats, sales or rental L P P Visitor Accommodation Bed and breakfast P P P P P P P P P P P P P 16-5-6 Hotel P P P P P Hotel, extended stay P P P Short Term Rental P P P P P P P P P P P P 16-5-6 Wholesale Sales and distribution P P MANUFACTURING/INDUSTRIAL USES Industrial Service Industrial service, light C P P 16-5- 2.D.3 (TSA only) Industrial service, heavy P Manufacturing, Including Processing, Fabrication, or Assembly Brewery C C C P P 16-5- 2.C.14 Distillery C C C P P 16-5- 2.C.14 Winery C C C P P 16-5- 2.C.14 Manufacturing, light C P P 16-5- 2.D.4 Page 361 of 394 13 (TSA only) Manufacturing, heavy P Warehouse/Storage Fuel storage (principal use) L Mini-storage facility P P Moving and storage P P Outdoor storage P P 16-6-7.G Storage yard for vehicles, equipment, material, and/or supplies P P 16-5- 2.D.6 Warehousing and/or storage P P Waste/Salvage Automobile wrecking/ salvage yard C P 16-5- 2.D.1 Commercial incinerator C Hazardous waste handling C C 16-5- 2.D.2 Recycling operation, all processing occurs within enclosed structure P P 16-5- 2.D.5 Page 362 of 394 14 Recycling operation, some or all processing occurs outside an enclosed structure C C 16-5- 2.D.5 Sanitary service C Waste transfer station (not including hazardous waste) C C ACCESSORY USES - See Section 16-5-4 for additional regulations Household Living (Accessory to Principal One-Unit Detached Dwelling Uses Only) Accessory Dwelling Unit A A A A A* Home Care Accessory Uses (Accessory to Principal One-Unit Dwelling Uses Only) Adult dependent care C - A A A A A A A A A A Family child care home C - A A A A A A A A A A Infant/toddler home C - A A A A A A A A A A Large child care home L - A L - A L - A L - A Other Accessory Uses Caretaker's quarter A A A A A A Dormitory A A A Page 363 of 394 15 Home occupation A A A A A A A A A A 16-5- 4.C.1 Minor utility facility (as accessory use of land) L - A L - A L - A L - A L - A L-A L-A L-A L - A L- A L - A L - A L- A L - A L - A 16-5- 2.B.1 Parking area (surface) A A A A A A A A A A A 16-5- 4.C.2 Parking garage (structure) A A A Satellite dish antenna A A A A A A A A A A A A A A A 16-5- 4.C.3 Service units or facility A A A A A 16-5- 4.C.4 Swimming pool A A A A A A A A A A A A A A A 16-5- 4.C.5 Wholesale sales and distribution A A A A 16-5- 4.C.6 TEMPORARY USES - See Section 16-5-5 for additional regulations Car wash T T T T T T T T T T T T T T T Expansion or replacement of existing facilities T T T T T T T T T T T T T T Farmers market T T T T T T Food vendor carts T T T T T T T Mobile storage (with or without building permit) T T T T T T T T T T T T T T T Page 364 of 394 16 Real estate sales or leasing office (also model homes) T T T T T T T T T T T T T T T Outdoor sales (e.g., tent sales, parking lot sales, seasonal sales, windshield repair, sales from retail vendor carts, etc.) T T T T T T Special event (e.g., carnival, bazaar, fair) T T T T T T T T T T T T T T T Tents, canopies T T T T T T T T T T T T T T T USES NOT MENTIONED See 16-5-1.B for procedures and criteria for approving unlisted uses, including unlisted accessory and temporary uses. Section 3. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. §16-10-2 provides that any violation of Title 16 shall be subject to the penalties provided for within E.M.C. Title 1, Chapter 4, “General Penalty” provision(s). E.M.C. §1-4, subsections 1-7, mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for Page 365 of 394 17 the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, remand on first reading on the 21st day of January, 2020 Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of January, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 22rd day of January, 2020 for thirty (30) days. Linda Olson, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of January, 2020. Stephanie Carlile Page 366 of 394 1 DRAFT Council Bill No. 4 STR Licensing and Enforcement BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 04 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER _______________ AN ORDINANCE AMENDING TITLE 5, BY ADDING CHAPTER 31 TO THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING BUSINESS AND LICENSE REGULATIONS FOR SHORT TERM RENTALS. WHEREAS, the City of Englewood (“Englewood” or “City”) is a homerule municipality organized under Article XX of the Colorado Constitution and with the authority of the Englewood Home Rule Charter; WHEREAS, Title 16 of the Englewood Municipal Code, Unified Development Code, sets forth the City’s zoning regulations and permitting requirements for the use of real property within Englewood, including provision for where Short Term Rentals are an allowed use; WHEREAS, the City Council desires to impose a Licensing requirement, adopt an Operating Permit process, and establish a fee for short-term rental properties to protect the health, safety and welfare of all properties and persons residing within the City; and WHEREAS, the Englewood City Council finds and declares that the amendments to the Englewood Municipal Code regarding short-term rentals as set forth herein are proper in light of the reasonable needs and desires of the City and in the promotion of the public health, safety, and welfare of the City’s residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 5, by adding Chapter 31. Title 5, Chapter 31 of the Englewood Municipal Code shall be amended as follows: Chapter 31 – SHORT TERM RENTALS 5-31-1: - Definitions. The following definitions are applicable to this section: Page 367 of 394 2 Applicant: The owner(s) of the real property for which a short term rental permit is sought. If a property has multiple owners, including joint ownership by spouses, all persons with an ownership interest must sign the application permit. ADU: An Accessory Dwelling Unit. Enforcement Officer: The provisions of this Chapter shall be administered and enforced by the City Manager of the City of Englewood, or his designee. The enforcement officer, who may be a zoning enforcement officer, building official, fire marshal, or other designee, will have all legal powers necessary to enforce this Chapter. Summons and complaints issued by the Enforcement Officer may be served by the Enforcement Officer, a Code Enforcement Officer, or a Law Enforcement Officer. Long Term Lease: The lease or rental of a property for longer than thirty days. A property used as a long term lease shall not simultaneously be used as a short term rental. Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit. If two, or more lots designated by plat, are combined to be built upon as a unit, the combined lots shall be understood to be a single lot for purposes of this Short Term Rental Code. Owner: The person(s) or entity listed on the title to the property as found on an Arapahoe County Deed of Record. Such persons are also the persons who sign the “Proof of Residency” affidavit. A long term renter is not a property owner. Owner Occupied. Means the property owner’s primary residence. A person can only have one primary residence. Permittee: The owner of the dwelling unit that has a valid STR operating permit. Primary Residence: Means a residence which is the usual place of return for housing as documented by at least two of the following documents: motor vehicle registration, Colorado driver’s licensed or Colorado identification card, voter registration, property tax notices, or utility bill. A person can only have one primary residence. Renter or Lessee: The party contracting to rent the STR for a term less than thirty (30) days. Short Term Rental (STR): The nightly or weekly rental of a residential dwelling unit, or portion thereof, ancillary to a primary living use, excluding hotels, motels, bed and breakfasts, for less than thirty (30) days, including but not limited to, a single family dwelling, duplex, townhome, condominium, or similar dwelling. The term Short Term Rental also includes and applies to “vacation rentals”. 5-31-2: - Business License Required. A. It shall be unlawful for any person or entity to offer or provide lodging in the form of a short term rental, with or without meals, within a residential property located within the City of Englewood, without obtaining an annual Business License from the City of Englewood, in conformance with Chapter 1 of this Title. B. Prior to applying for a Business License in conformance with Chapter 1 of this Title, the applicant must have complied with all of the following: Page 368 of 394 3 1. The property must be zoned to allow for such use, 2. The property owner and primary resident must have a Short Term Rental Registration approved by the Department of Community Development. 3. The property owner must have a Short Term Rental Operating Permit obtained in conformance with this Chapter, bearing the signatures of all applicable building inspectors. C. A Business license issued for a Short Term Rental is not assignable to any other party or any other property. A property may not be under more than one rental agreement for any fixed dates and times. Upon the sale or long term lease for sale of a property used as a Short Term Rental all issued Business Licenses, Rental Registrations, or Operating permits become null and void. 5-31-3: - Application for Short Term Rental Registration. A. Application Process. Each applicant for a Short Term Rental Registration shall submit an application to the City of Englewood Department of Community Development (CDD). B. Short Term Rental Registration Requirements. The Short Term Rental Registration form shall be promulgated by the CDD, and shall include the following documentation: 1. Proof of Ownership of the Subject Property. A signed and notarized “Proof of Residency and Ownership affidavit” promulgated by the Englewood Department of Community Development; 2. Signed/Approved Operating Permit. An approved operating permit in accordance with E.M.C. 5-31-4. 3. Acknowledgement Form. Signed acknowledgement that the City has the right of inspection of the rental premises for conformance with the City’s Life/Safety Codes at any reasonable time; 4. Waiver. The City of Englewood assumes no responsibility for the operation of the permitted STR property. The owner(s) shall sign a waiver and release of liability, acknowledging and agreeing to indemnify and hold harmless the City of Englewood from any and all negligent acts which may occur from the renting or operation of the STR. Such indemnification shall include defending the City from any claims arising from the use of the property as an STR. The Owner(s) shall further warrant and agree to compensate the City of Englewood for any expenses incurred in any defense of any lawsuit or other action associated with the renting or operation of the STR, and which is brought against the City. 5. Certificate of Insurance; 6. Floorplan. A scale floorplan of the STR, including all levels; 7. Property Plan. A scale plan for the property showing all parking areas; 8. Contact information. Page 369 of 394 4 a. Owner. The owner shall provide a cell and/or home telephone phone number, mailing address, email address, and property address, if different from mailing address. b. Primary Contact. Each STR owner or operator shall designate a primary contact person. If the Primary Contact is not the owner(s), the Primary Contact shall be a named individual and the following information shall be provided: cell and/or home telephone number, mailing address, email address, and business address and business phone, if applicable. Any change(s) to the Primary Contact information shall be provided, in writing, to the Community Development Department, within ten (10) days of such change(s). Failure to notify the CDD of such change is grounds for revocation of the Short Term Rental Registration and Business License. The Primary Contact shall be available on a twenty-four (24) hour basis, seven days per week, and be able to respond to any concerns from renters or City enforcement personnel. The Primary Contact may be the property owner(s) or another person employed by, authorized by, or engaged by the owner(s) to manage, rent or supervised the STR. The Primary Contact shall be able to respond to any concerns that may arise during any rental period of the STR, including the ability to access the STR in a timely manner. 9. Posting Notice. A copy of both the Short Term Rental Operating Permit and the provisions of 5-31-5 shall be conspicuously posted within the area rented for use as an STR; 10. Regulatory Compliance. All STR’s shall meet the standards of all applicable building, electrical, plumbing and fire codes adopted or amended by the City of Englewood. 11. All other documentation referred to within this Chapter. D. Ineligible Properties. An apartment complex comprised of rental units may not be utilized as an STR. E. Review of Short Term Rental Registration request. The City Manager, or designee, shall review each submitted Short Term Rental Registration form, and associated documentation as required by this Title and Chapter, within 30 days of receipt of any such Registration Form. Following determination that the application is complete, the registration form and associated documentation shall be referred to all applicable City departments for review regarding conformance with all applicable Codes of the City of Englewood. Within 60 days following the filing of the application the applicant will be provided with a written determination of approval/disapproval of the STR Registration request. F. Non-assignable. A Short Term Rental Registration may not be assigned to any other party or any other property. Page 370 of 394 5 5-31-4: Short Term Rental Operating Permit. A. STR Operating Permits Required. All STR’s must have a valid and current Operating Permit. An Operating Permit shall be effective for twelve months, and shall go into effect upon the date of issuance, unless surrendered, suspended or revoked for cause. Operating Permits shall be issued by the CDD in accordance with this Chapter. B. Non-Assignable. An Operating Permit issued for a Short Term Rental may not be assigned to any other party or any other property. C. Posting the Operating Permit and Life/Safety Information. The Operating Permit shall be signed by all owner(s) of the real property used as an STR and be conspicuously posted within the area rented as an STR. Additionally, the life/safety information set forth in 5- 31-6 shall be conspicuously posted within the area rented as an STR. D. STR Operating Requirements. a. The STR shall be the legal responsibility of the legal owner(s) as set forth on the Application and Permit. b. A residence used as an STR shall be the primary residence of the legal owner(s). c. For parcels containing ADU’s the primary resident may obtain a STR permit for the main residence OR the ADU; both structures may not be permitted concurrently. d. An STR shall not exceed two (2) adults per bedroom. e. The maximum occupancy of an STR shall be eight (8) persons. f. No STR shall be located in any recreational vehicle, travel trailer, or temporary structure. g. No STR shall be rented/contracted for use upon any date to more than one party at a time. h. During any rental period, the STR shall not be used for any other purpose (e.g. home-based business, temporary event, etc.) by the renter or owner other than for lodging purposes. i. Parking. All STR’s shall provide one parking space per bedroom. STR’s lacking a paved parking space in a driveway, garage, or carport shall be limited to two (2) on- street parking spaces located in front of the STR. These on-street locations shall remain public and may not be reserved by the use of any signage. Any advertisements or listing of the STR shall provide the number of parking spaces available for use by the renter. 5-31-5: Special Conditions and Restrictions of the Short Term Rental Business License. Violation of any of the following provisions may result in revocation of the Business License and Short Term Rental Registration: A. Fees. Fees associated with the issuance of the Operating Permit, Registration, Business License and any other requirements of this Chapter, shall be established by action of the Englewood City Council, and set forth within the City’s Fee and Rate Schedule. Page 371 of 394 6 B. City Tax Certificate. The owner of any STR issued a business license by the City of Englewood must obtain a valid City of Englewood Sales Tax Certificate within thirty (30) days from the approval of the business license application; C. State Tax License The owner of any STR issued a business license by the City of Englewood must obtain a valid State of Colorado Sales Tax License within thirty (30) days from the approval of the business license application; D. Tax Liability Owners and operators of STR’s shall be subject to, and responsible for, all sales and lodging taxes as set forth under Title 4-4-4-1, Lodging Services of the Englewood Municipal Code. The requirements of EMC 4-4-4-1 are hereby deemed to incorporate and be applicable to all STR’s. Failure to collect and remit all applicable sales and lodging taxes at the City, State or Federal level is grounds for revocation of the Operating Permit. E. Life Safety. All STR’s shall contain the following: a minimum of one operable fire extinguisher per floor, operable carbon monoxide detectors in all rooms used for sleeping purposes, and operable smoke detectors on each floor of the STR. An STR with living or sleeping areas within a basement area shall be equipped with egress windows and other exit systems. F. Noise. No person shall make, cause, permit or suffer any unreasonable noise from any STR that is audible beyond the property lines of the STR or in excess of the sound pressure limits set forth in 6-2-8 of this Code. G. Property Maintenance. The STR property shall be properly maintained and free of loose, uncollected trash, garbage, and litter. The owner(s) or management company shall comply with all property codes of the City of Englewood. H. Signs. A permitted STR dwelling is permitted one (1) exterior sign, up to a maximum of one (1) square foot in area. The sign shall not be illuminated nor contain any animation. I. Owner(s) Responsibility for Compliance. Compliance with the terms and conditions set forth in this Chapter shall be the responsibility of the legal owner(s) of the STR, as set forth on the application and Proof of Residency and Ownership Affidavit, and cannot be delegated to any other party. Any violations of any term or condition of this Chapter are strictly the responsibility of the owner(s), and any summons and complaint served for any violation shall be served upon the owner(s) of the STR. J. Operating Permit Renewal. All STR permits shall be renewed through the CDD on an annual basis. All renewals shall include an updated compliance and safety check report signed by applicable code enforcement personnel, any updates to the information required for a Short Term Rental Operating Permit, and proof of payment of all renewal and permit fees. K. Change of Ownership. Any change of owner, officer, director, or holder of more than ten (10) percent of the ownership of any STR shall render such STR business license, Rental Registration, and Operating Permit null and void. Page 372 of 394 7 5-31-6: Posting of Life/Safety Information. The owner(s)/operator(s) shall post the following information inside the area rented as an STR in a conspicuous location for any renters/lessees: A. A copy of the regulations and requirements regarding Short Term Rental Operating Permits; B. The name, address, and telephone numbers of the primary contact person, management company, or owner of the STR that can be reached on a twenty-four hour basis; C. The maximum number of persons allowed to occupy the STR; D. The maximum number of vehicles allowed to park on, or in front of, the STR property; E. Information regarding trash/garbage storage and removal, recycling storage and removal, including the days and location of pick-up. Clearly defined garbage and recycling areas shall be provided; F. The property address, including house number, street name and city; G. A list of non-emergency numbers, including the non-emergency number of the police department; H. The location of all fire extinguishers and exits, including egress windows. 5-31-7: Revocation/Termination/Surrender of Business License and Operating Permit. A. Surrender. Business Licenses, Rental Registrations, and Operating Permits shall be deemed surrendered upon delivery to the City of written notice by the property owner(s), or representative, that a dwelling or property will no longer be used as Short Term Rental. B. Termination. A termination of the Business License, Rental Registration, and Operating Permit occurs when the ownership of the property has been sold, assigned, or otherwise transferred to a new owner(s), or the current STR permit holder has failed to obtain a renewal of the operating permit on or before its annual renewal date. C. Revocation. Any STR Operating Permit may be revoked for cause or suspended by the Director of Community Development, or his/her designee, after written notice to the owner(s) for the following violations: 1. Violation of any term or condition of the operating permit, or for any violation of any provision set forth in this Chapter, if such term or condition is not abated in conformance with a Notice of Violation. 2. Violation of any provision of the Englewood Municipal Code, City Ordinance, or State law relating to the maintenance of the permitted property operating as an STR, if such term or condition is not abated in conformance with a Notice of Violation or a failure to remain in compliance with all City or State sales tax regulations. Page 373 of 394 8 3. The existence of any condition, or performance of any act, which the City determines constitutes nuisance or causes a condition endangering the health, safety and welfare of any individual(s), or damage to the STR dwelling unit identified by the operating permit, including damage caused by fire, flood, wind, or other natural disaster, if such condition or act is not abated in conformance with a Notice of Violation. 4. After a third violation of any provision of this Chapter, the Englewood Municipal Code, or applicable State or Federal law or regulation has been administratively verified, the Director of Community Development, or his/her designee, shall revoke the STR operating permit and rental registration. Notice of revocation shall be conveyed to the Business Licensing Officer for revocation of the Business License. 5. Upon revocation of any Short Term Rental Business License, the licensing officer shall notify applicable entities advertising such STR that the Business License has been revoked, and the period of time associated with such revocation. D. Denial/Temporary Denial. The Director of Community Development, or his/her designee, may deny or withhold the approval of a renewal of an annual Operating Permit if the property is in violation of any applicable title or chapter of the Englewood Municipal Code. E. Term of Revocation. The owner(s) of an STR Business License, Rental Registration, and Operating Permit that has been revoked for a violation shall not apply for another STR operating permit for a period of eighteen (18) months for any property. F. Administrative Appeal. Administrative acts provided for by this Chapter may be appealed in accordance with Title 1, Chapter 10 of the Englewood Municipal Code 5-31-8: Enforcement. A. Allegation of Violation of this Chapter. The Enforcement Officer shall be responsible for the enforcement of all provisions of this Chapter in association with a Short Term Rental Operating Permit and a Short Term Rental Registration, and is hereby authorized to undertake all investigations of violations of such as set forth in this Chapter, to issue notices and orders, to issue summons and complaints for prosecution in the Englewood Municipal Court, to bring any legal action in other courts of competent jurisdiction, and to take other measures as are necessary for the enforcement of the provisions of this Chapter. 1. Right of Access/Inspection. Pursuant to the terms of the Operating Permit, the Enforcement Officer has the right of access and entry upon any property operating as an STR with a valid STR business license and operating permit, at any reasonable time, and upon reasonable suspicion, to make inquiry and inspection to determine if health or safety violations exist upon the property in violation of any Title of the Englewood Municipal Code. Page 374 of 394 9 2. Notice of Inspection. The Enforcement Officer shall provide notice of the inspection to the owner(s) of the STR property. Such notice may be personally served upon the owner(s), or by posting the notice on the STR property, by mailing the notice to the owner(s) at their last known address, via U.S. Mail, postage prepaid, or by publication in a newspaper of general circulation. The Notice to Inspect shall be deemed served when personally served, posted upon the property, or upon three days from the date of mailing. 3. Contents of Notice of Inspection. The notice of inspection shall include the date and time that the notice was served, posted, or mailed, the date and time of the proposed inspection, a request that the owner(s) be present for the inspection, the name and contact information of the Enforcement Officer, and a specific statement as to each suspected violation. The property owner may contact the Enforcement Officer to seek another time for the inspection, as long as such inspection occurs within 3 business days of having received the Notice of Inspection. 4. Failure to Comply with Inspection Notice. Failure to comply with Inspection Notice, or make the property available for inspection, shall be grounds for revocation of the Business License and Operating Permit in accordance with E.M.C. 5-31-7 above. B. Notice of Violation/Administrative Order to Comply. 1. Notice of Violation. The Enforcement Officer shall provide written notice to the owner(s) of the STR premises operating pursuant to the STR Operating Permit, upon which exists an identified violation of this Chapter. Such notice shall be served upon the owner(s) by posting such notice on the permitted STR property, by personally serving the notice to the owner(s), or by sending the notice certified, return receipt requested via US Mail, postage prepaid, to the last known address of the owner(s). 2. Receipt of Notice of Violation. The notice shall be deemed received immediately if directly communicated with the owner(s), or primary contact, through either personal notification or telephone call. Notice shall be deemed received seventy-two hours after posting the property, publication in a newspaper of general circulation, or by certified mailing, return receipt requested, via US Postal Service, postage prepaid. 3. Contents of Notice of Violation/Administrative Order to Comply. All notices of violations/Administrative Order to Comply shall include the following information: i. The common address or legal description of the property upon which the STR is located; ii. A specific notice that the owner(s) of the property are in violation of any provision of the Englewood Municipal Code or this Chapter; Page 375 of 394 10 iii. An administrative order directing the owner(s), or primary contact, of the property to correct the condition within five (5) days of the date of receipt of said notice, such compliance date to be clearly stated upon the face of the notice; iv. Contact information for the enforcement officer assigned to the matter; v. Notice that the administrative order may be appealed by complying with the procedures in Title 1, Chapter 10 of the Englewood Municipal Code; vi. Notice that failure to comply with the administrative order shall result in the immediate revocation of the STR Operating Permit and Business License; and vii. Notice that such violations may be subject to criminal prosecution, in addition to any administrative action or order. 4. Compliance Inspection. Within five (5) business days following receipt of the administrative notice, the property owner or primary contact shall contact the Enforcement Officer seeking inspection of the property and a determination that the property is in compliance with the Code. The Enforcement Officer is authorized to provide one (1) extension to the administrative notice of no more than five (5) days, including weekends and holidays, following a compliance inspection of the property if the Enforcement Officer believes the property owner made a good faith but unsuccessful effort to correct the violation(s), and such violation(s) may be successfully remediated within such additional time. C. Summons and Complaint; Notice to Appear; Right to Proceed; Fines and Costs; Appeals. 1. Municipal Search Warrant. If the owner or primary contact fails to schedule a time for the compliance inspection within five (5) business days following service of the administrative notice, the Enforcement Officer may seek a search warrant for the inspection of the premises under the provisions of 1- 7A-4 of the Englewood Municipal Code. 2. Issuance of Citation. If the Enforcement Officer has not made a determination that the property is in compliance with the Englewood Municipal Code within the time provided for compliance with the administrative notice of violation, the Enforcement Officer is authorized to issue to the owner(s) of the STR property a Summons and Complaint and notice to appear in the Englewood Municipal Court to answer to charges of a violation of this Chapter, and to take all administrative action associated with revocation of the STR Business License and Operating Permit. Summons and complaints issued by the Enforcement Officer may be served by the Enforcement Officer, a Code Enforcement Officer, or a Law Enforcement Officer. Page 376 of 394 11 3. Administrative/Civil Enforcement. During the pendency of the case in the Municipal Court, the City shall not be precluded from addressing the violations of this Chapter, or any other Title of the Englewood Municipal Code applicable to the STR, through administrative or civil action to bring the STR property into compliance with this Chapter or the Englewood Municipal Code, or any other applicable law or regulation. The Business License and Operating License may be administratively revoked in compliance with this Chapter, in addition, to criminal prosecution. 4. Penalty Provisions. Any person found guilty by the Municipal Court of violations of this Chapter, or who enters a plea of guilty or nolo contendere, to any violation of this Chapter, or any other violation of the Englewood Municipal Code in association with the operation of a STR, shall be subject to the provisions of the General Penalty, E.M.C. 1-4-1, and shall be ordered to bring the property and/or violation into compliance before re-letting the property to any short term renters. 5. Costs. Any person convicted of a violation of this Chapter, or any other violation of the Englewood Municipal Code in association with the operation of a STR, may be assessed a fine, court costs, and all costs associated with service of any and all Notices upon the property incurred by the City in association with the enforcement of this Chapter. 6. Notification to Short Term Rental Advertising Entities. All business entities that advertise the short term rental to the public shall be notified by the enforcement officer when a short term rental’s Business License/Operating Permit has been revoked, and such entities will be directed to remove the short term rental from any lists of properties advertised for rental. 7. Appeal of Convictions in Municipal Court. All appeals of convictions within the Municipal Court shall be to the District Court as provided by applicable law. Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Saving Clause. E.M.C. Title 1, Chapter 2, “Saving Clause” shall apply to interpretation and application of this Ordinance, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the Page 377 of 394 12 protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 21st day of January, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of January, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of January, 2020 for thirty (30) days. Linda Olson, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of January, 2020. Stephanie Carlile Page 378 of 394 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #2017-03, FINDINGS OF FACT,CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE UNIFIED DEVELOPMENT CODE TITLE 16-5-6 SHORT TERM RENTALS, TITLE 16-5-1:TABLE OF ALLOWED USES, AND 16-11-2:DEFINITION OF WORDS,TERMS AND PHRASES FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION INITIATED BY: Community Development Department City of Englewood 1000 Englewood Parkway Englewood,CO 80110 \r&a\r~—v&re-«sax/sasasax/\.r~_¢~a Commission Members Present:Kinton,Freemire,Browne,Fuller,Adams,Austin,Townley Commission Members Absent:Moershel This matter was heard before the City Planning and Zoning Commission on Tuesday,December 3,2019 in the City Council Chambers of the Englewood Civic Center. Testimony was received from staff and the public.The Commission received notice of public hearing,the staff report,four emails from the public,and a copy of the proposed amendments to the Unified Development Code Title 16-5-6 Short Term Rentals,Title 16-5-1:Table of Allowed Uses,and 16-11-2:Definition of Words,Terms,and Phrases which were incorporated into and made a part ofthe record of the public hearing. After considering the statements of the staff and reviewing the pertinent documents,the members ofthe City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1.THAT study sessions were conducted by the Planning and Zoning Commission on: o May 16,2017,0 April 3,2018, o September 6,2017,0 May 8,2018, a September 19,2017,o July 17,2018, -January 17,2018,0 August 21,2018, o February 21,2018,0 September 18,2018, Page 379 of 394 10. 11. 12. 13. 14. 15. 0 October 2,2018,o o December 4,2018,o -January 8,2019, February 20,2019,and May 7,2019 THAT a Community Open House was held on September 20,2018,and a Community Forum was held on April 2,2019. THAT the Planning and Zoning Commission held public hearings on June 4,2019 and December 3,2019 regarding short term rental regulations. THAT notice of the Planning and Zoning Commission public hearings were published in the Englewood Herald on May 15,2019 and November 21,2019.Further,notice of the public hearings were on the City of Englewood website from May 23,2019 through June 4,2019 and November 13,2019 through December 3,2019.The public hearings were also posted on social media. THAT the Englewood City Council held study sessions on short term rentals on October 16,2017,April 1,2019,July 15,2019 and August 26,2019. THAT the Englewood City Council held a public hearing on October 7,2019 to receive public testimony,followed by a first reading on October 21,2019. THAT notice of the Englewood City Council public hearing was published in the Englewood Herald on September 26,2019.The notice was also posted on the City of Englewood website from September 18,2019 through October 21,2019.Further,the public hearings were posted on social media. THAT at the October 21,2019 first reading,City Council voted 5-2 to table the short term regulations for the amount of time necessary for Planning and Zoning Commission to review and remove ADU’s from the regulations and to create an enforcement plan. THAT the staff report and four emails were made a part of the record. THAT the revised short term rental text amendments establish permitting and operating requirements for short term rentals and identifies the R—1—A,R-1-B,R-1-C,R-2—A,R—2-B, MU—R-3—A,MU-R-3—B,MU-R-3-C,M-1,M-2,MU-B-1,MU-B-2 zone districts as suitable for the operation of short term rentals. THAT short term rentals serve the current citizenry,their investment,and their property as provided for within the Comprehensive Plan,specifically Objective Live —1.2. THAT short term rentals provide affordable housing and allows for alternative housing within the city;meeting Comprehensive Plan Objective Live —1.2. THAT short term rentals were not being discussed when the Accessory Dwelling Unit (ADU)Ordinance was studied and voted upon;therefore,there is nothing within the ADU Ordinance permitting or prohibiting short term rentals. THAT apartments are not included as an option for short term rentals due to the concern of removing too many units from the long term rental market which can skew affordability. THAT accessory dwelling units are good for short term rentals due to the property owner being on site. Page 380 of 394 16.THAT prohibiting short term rentals in accessory dwelling units creates more affordability issues. 17.THAT a shortage of hotels exists in the City of Englewood;therefore,visitors must stay in neighboring jurisdictions and support that community's tax base,ratherthan staying those funds staying in Englewood. 18.THAT short term rentals are a great opportunity to spur economic development and support local businesses. 19.THAT short term rentals provide an opportunity to maintain Englewood’s housing stock, meeting Live Objective 2.1 and Live Objective 4.5 of the Comprehensive Plan. 20.THAT short term rentals support Work Objectives 1.3,2.3,and 3.3 of the Comprehensive Plan by creating more opportunities for housing within Englewood and opportunities for citizens to use their property to supplement their income. 21.THAT the short term rental text amendments include an enforcement section,which was agreed to by the Community Development Department and the City Attorney's office,and which was reviewed by the Planning and Zoning Commission. CONCLUSIONS 1.THAT the proposed short term rental text amendments conform to the vision,goals,and objectives outlined in Englewood Fon/vard:The 2016 Englewood Comprehensive Plan 2.THAT the proposed short term rental text amendments be forwarded to City Council with a favorable recommendation for adoption with the following amendments and conditions: c That the previously identified and practicing short term rentals be grandfathered,as has been the long term practice of the city; 0 That staff’s recommendations be adopted,to include that a bed and breakfast be synonymous with a short term rental; c That city council instruct staff to send a letter of apology to everyone who received a cease and desist letter;and -That accessory dwelling units be permitted to be used as short term rentals. DECISION THEREFORE,it is the decision ofthe City Planning and Zoning Commission that Case #2017-03 amendments to the Unified Development Code Title 16-5-6 Short Term Rentals,Title 16-5-1: Table of Allowed Uses,and 16-11-2:Definition of Words,Terms,and Phrases should be referred to the City Council with a favorable recommendation. Page 381 of 394 This decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on December 3,2019,by Freemire,seconded by Austin,which motion states: AYES: NAYS: ABSTAIN: ABSENT: Motion carried. TO FORWARD THE SHORT TERM RENTAL TEXT AMENDMENTS TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION,WITH THE FOLLOWING AMENDMENTS AND CONDITIONS: .THAT THE PREVIOUSLY IDENTIFIED AND PRACTICING SHORT TERM RENTALS BE GRANDFATHERED,AS HAS BEEN THE LONG TERM PRACTICE OF THE CITY; THAT STAFF’S RECOMMENDATIONS BE ADOPTED,TO INCLUDE THAT A BED AND BREAKFAST BE SYNONYMOUS WITH A SHORT TERM RENTAL; THAT CITY COUNCIL INSTRUCT STAFF TO SEND A LETTER OF APOLOGY I TO EVERYONE WHO RECEIVED A CEASE AND DESIST LETTER;AND .THAT ACCESSORY DWELLING UNITS BE PERMITTED TO BE USED AS SHORT TERM RENTALS. Kinton,Freemire,Browne,Fuller,Adams,Austin,Townley None None Moershel These Findings and Conclusions are effective as of the meeting on December 3,2019. BY ORDER OF THE CITY PLANNING &ZONING COMMISSION ,,1,V -CaIeTownley,Chair Page 382 of 394 ____________________________________________________________________________ TO: Englewood Planning & Zoning Commission THRU: Brad Power, Community Development Director Wade Burkholder, Community Development Planning Manager FROM: Erik Sampson, Planner II DATE: December 3, 2019 SUBJECT: Case 2017-03: Public Hearing regarding a proposed Short Term Rental (STR) Ordinance and Amendments to Title 16, Unified Development Code PUBLIC HEARING NOTICE Notice of the public hearing was published in the Englewood Herald and on the City’s website on November 21, 2019. Additionally, notice of the public hearing was posted on Next Door and other City social media accounts. REQUEST The Community Development Department requests that the Planning & Zoning Commission review, take public testimony, and forward to City Council a recommendation for the adoption of the proposed amendments to the Unified Development Code, Title 16, relating to Short Term Rentals as follows: Chapter 5, Use Regulations/Table of Allowed Uses relation to Short Term Rentals; o Add STRs as a visitor accommodation in residential and mixed-use zone districts; Chapter 5, Subsection 6: Add STR regulations including Purpose, Eligibility, Application Procedures and Permitting Requirements, Operating Standards, Enforcement, Revocation of STR Permits, and Definitions; Chapter 11, Definitions: Include all definitions established by the STR Ordinance. Additionally, modifications to the Englewood Municipal Code will need to occur to address tax licensing regulations set forth in Title 4 and lodging licensing set forth in Title 5. BACKGROUND On June 4, 2019, the Englewood Planning & Zoning Commission held a public hearing regarding a proposed draft of Short-Term Rental regulations. The Commission forwarded a favorable recommendation of the Ordinance to City Council for adoption. City Council held a public hearing on October 7, 2019, followed by a First Reading of the Ordinance on October 21, 2019. During the First Reading, City Council voted to remand the STR regulations back to the Page 383 of 394 Page 2 of 2 Planning & Zoning Commission to remove the language allowing STR’s in Accessory Dwelling Units (ADUs) and to amend and clarify the language regarding the Enforcement of STRs. CHANGES TO THE ORDINANCE The revised STR ordinance includes additional language regarding the enforcement of STRs and removed the language which allowed STR’s in ADU’s. The new enforcement language establishes procedures for notices of violation, compliance inspections, and appeals (see Section F in the attached draft). All other language regarding Application Procedures, Submittal Requirements, Operating Standards, and Revocation of Permits from the initial draft remain unchanged. RECOMMENDATION Staff recommends to the Planning and Zoning Commission the following findings and motions, pending deliberations by the Commission regarding Case No. 2017-03, Short Term Rental (STR) Regulatory Amendments to Title 16, Unified Development Code: That Case No. 2017-03 was brought before the City Council at a Public Hearing by the City of Englewood Community Development Department; and That City Council remanded the Short Term Rental regulations back to the Planning & Zoning Commission to address the inclusion of ADU’s as STR’s and to revise the Enforcement language of the Ordinance; and That Case No. 2017-03 was brought before the Planning and Zoning Commission at a Public Hearing by the City of Englewood Community Development Department; and That notice of the Public Hearing was published in the Englewood Herald on November 21, 2019 and was posted on the City’s website November 21, 2019 through December 3, 2019; and That the proposed STR regulatory text amendments establish permitting and operating requirements for Short Term Rentals and identifies the R-1-A, R-1-B, R-1-C, R-2-A, R-2- B, MU-R-3-A, MU-R-3-B, MU-R-3-C, M-1, M-2, MU-B-1, MU-B-2 zone districts as suitable for the operation of Short Term Rentals; and That the revised STR regulatory text amendments be forwarded to City Council with a favorable recommendation for adoption. Attachments: - Short Term Rental Draft Regulations CC: Brad Power Wade Burkholder Dugan Comer Page 384 of 394 City of Englewood Short Term Rental (STR) Affidavit This form must be signed by the property owner. I _____________________________ attest that I have read and understand all provisions of this affidavit. I further understand, under penalty of perjury, that my STR meets all Unified Development Code requirements and contains all items and safety measures as listed in the attached checklist. I further understand that any violation of the Englewood Municipal Code (EMC) or any violation of the STR ordinance may result in the revocation of my STR licenses and permit, and/or a summons to Municipal Court. Name (print): __________________________ Name (signed): ________________________ State of Colorado County of Arapahoe The foregoing instrument was acknowledged before me on this ___ day of ________________, 20___ by ________________________. ___________________________ _____________________________ (Notary Official signature) (My commission expires) Page 385 of 394 Please review and initial each statement. ____ I understand that any Short Term Rental (STR) Permit issued, based upon false information or misrepresentation will be null and void and subject to penalty as provided by law. ____ The STR will be located in a dwelling unit that is the primary residence of the property owner. ____ I understand that the dwelling or rooms serving as a short term rental must have a smoke detector, carbon monoxide detector, fire extinguisher, and an exit. ____ I understand that my STR may not be rented more than 30 consecutive days. ____ I understand that my STR may not be rented to more than one party under separate contracts. ____ I understand that my short-term rental may be used for dwelling, sleeping, or lodging purposes, but may not be rented for any other commercial purpose, including temporary events or gatherings. ____ I understand I must provide the following information to STR guests and have printed materials posted on-site for guests which includes the following information: a) A copy of the regulations and requirements regarding Short Term Rental Operating Permits; b) The name, address, and telephone numbers of the primary contact person, management company, or owner of the STR that can be reached on a twenty-four hour basis; c) The maximum number of persons allowed to occupy the STR; d) The maximum number of vehicles allowed to park on, or in front of, the STR property; e) Information regarding trash/garbage storage and removal, recycling storage and removal, including the days and location of pick-up. Clearly defined garbage and recycling areas shall be provided. f) The property address, including house number, street name and city; g) A list of non-emergency numbers, including the non-emergency number of the police department; h) The location of all fire extinguishers and exits, including egress windows. ____ I understand that I am required to maintain a current Englewood Lodging License, State of Colorado and City of Englewood Sales Tax Licenses. ____ I understand that the STR Permits are granted with the expectation that their use will not impact the neighbors or the character of the community. I agree to use my best efforts to assure that all renters of my property will not disrupt the neighborhood and I understand that the STR will be required to comply with all life safety, noise, and property maintenance requirements set forth in the STR ordinance and Englewood Municipal Code. ____ I acknowledge and grant the City of Englewood the right of inspection at any reasonable time. _________________________________ ________________ Signature of Applicant/Owner Date Page 386 of 394 2.1 IM I1 mt Theyabide by the same parking enforcementas any other residential propertyin the zone they reside in. No,unless they have a short-term rental license alreadyand do not allowit to expire (no grace period). Arvada Aurora Boulder notin Yes Yes N/A 546 Business l.icense/ Lodger's Tax + $26 renewal $105 STR license (4 years)+ $25 Business License tee (one—time) N/A 8%Lodgei’s Tax and applicable state tax depending on county 7.5% Accommodat ionTax N/A Wherever residential uses are allowed, including ADU's Any residential zone;ADU's maynot have a STR licensegoing forward unless they have a short-terrn rental license alreadyand do not allow it to expire (no grace period). NIA Primaryresident occupied (long—lenn renters ok with pennissionof landlord);hosts do not have to be present Mustbe the owner's principalresidence (residingin more than hallthe year). ADUrules only applyto those that had them establishedand licensedon or prior to January 03. 2019) N/A Carbon monoxidedetector required;smokedetector ‘advised’and requiredin some unitsby buildingcode Smokeand carbon monoxide detectorsmust meet Cityand NationalFireAlarmand Signaling Code requirements.Subject to occupancy limits(3-4 unrelated dependingon zoning) N/A N/A Business license numbermust be postedon alllistings;no extemalsigns No RentalListing MUST INCLUDE Maximum Unrelated Occupancy and Rental License number.May not be listed untilrental licenseis completeand issued. N/ A No ns,Colorado Springs and Manitou SpringsCodes ucatmna ateria rom e Listing Requirement 5 (Air B n B VRBO etc.) Parking ADU’s Requireme regulated Jurisdiction Allow: yes or g odel Fire CodeWhere April2019Page 387 of 394 Page 388 of 394 Short Term Rental Codes in the Metro Area +Fort Collins,Colorado Springs and Manitou Springs Based on PrimarySTR:Self-certilicationof health and License pm ca”,-ns yes 3150STR LocalSales zoning.Not oocupiedby owner safely standards requiredbefore numbermust 1 Off-street license.and Lodging allowedin forat least 9 months approval be ‘ncludedin space per every annual l3X-l-°°kl"9 most of the year,and alladvertising.2 rooms renewal °l El l‘5Vl"9 low-density includesduplexesor airbnbhas still $100 neighborhoo carriagehouses if notprovideda ds.locatedon the same ?eld forthis so Non-Primary propertyas primary 'not onlyallowed Non-PrimarySTR currently in zones that dwellingunits not happening. allow occupiedbyowner hotel/motels.more restricted(any Onlyowners zone that allows may get non-primaryalso ll°9"5e5-allowsprimary) As T°“'l5l TouristHome:AGolden"|'°uri5[N/A N/A Homes; ‘ buildingcomaining N/A N/A N/A Yes l'l°"‘°5'v C°"““5l°'3l ?ve or fewerguest "°STR‘z°"e5v R'3 roomsdesignedtoa:nefa"(SUP).R'2 5 be used on agamedlR-1 0""lal°'temporarybasis streets Ownersmust Awessory F.- Greenwood notin N/A submlt buildingsin T°"§"‘NIA Village code Lodging,3,,.,5;d.,,,ga1 requirements:Must N/A NIA NIA ‘Danyfor mes may gieetdelimtionof stays less be used to "lllyla °'few“ than 30 days house “"'°"“°“P°°P'°°' (transactions temporary 8 9l°"p °l l’e°l’l° exempt from guests;relatedby _ tax _Sec vague if bloodlmarnagelado 4-B-40(4))these n be P“°"l Matters Institut....April 2019Page 389 of 394 "M13[D 3103 was 411IIBJDJIIIJDIAMIGMDJ3?uunusampm:sjmuay uuu um];uo ua/ssas s,JauuD[d nalv nlxaw n [0 sjsnq amsnM pun unlssanuom qamw B51712!1aaqM [D 1013uuujpawpdn uaaq suq S[0[l3JD?l suu. sampmxs wguapgsax5,5“: 311150%ZP933“%€£'0l 1ouRaw5313 ')(E_]_ (we 1 01 Wd9;)smou "2 uea?Jad s?ep Bugdweg yagnb‘suone:oo|tu.Ie|e/Jausgn?unxa tz may )2 pagdnooo pue ?ug6po1 ‘o;ugmemos‘Repdmpgd aq Jsnux1913141 swpue 1;‘-JUMOll19P!S:1 usen‘sapgua/\xew ‘sxuednaao sapgsauJaumo sun XE]sayesas "Dunes"9 ‘$195293;2 xew ‘a|noJ uouenaenazlmmaonou Kuadoxdamssa|un Au:-JdoJdLUOJ]‘saguadoxd ‘mg‘q 5._ 'suone|n6aJ d Z p Jaqumu uuuad P915013+511100151114995101331P9111913111011K9111 119111593111 511!5P°|][LL|J3dasn pays;/ca:nouue wnav"'°°'s’"’°°’”°“memosusnw 9Luluumwaneaplxouow Homes sumo:Ienpwpu!5}:lJ.S19'-|l°11E AuoJame |euompuoo ?u;aq s1ueMQVH ‘9d 939d‘1»‘JoouJed Jausgn?uuxamy ;ydaoxa 'auoN LUOJ},oog<52 was 0053 -saA 0)PBPPSP -9900 VIN V/N V/N VIN VIN VIN VIN 11!1°11 11°19I1J!'I VIN V/N V/N VIN VIN V/N V/N °N P00/ 4911131 133115K9!l°d.J°q115!3N S]U9l1l3JInb9J D009 9 511!9E.+(110.1l90!lddE Aauednoaoou moo:I,ppe Jed una?manoaJSMSS/JSJEMpue :auoqda|a|em mg as;Mama: Lsn|d aaeds uouaa1oJda1g;o;oo1d apgnwdos|e alqeuaaal aq xsnw 5'-1!'-101 11101 10359A133115.30;1snu1)Jausgn?uuxamg ‘Jomayap sjaumo ,(uadmd 19313110 H13 093 59A 11951311 3!‘apnxouowuuq1eo Joxaayap exams s?uyds nozguew pue opexoyog ’suguo3 4»any un sapog uua 1_ a1n1nsu|Atuunluumg Bl?U101]|ElJ3]Ew |EUOI‘JEJI'||)Page 390 of 394 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dorothy Hargrove DEPARTMENT: City Manager's Office DATE: January 21, 2020 SUBJECT: Approval of Council Travel Request DESCRIPTION: Approval of Council Travel Request RECOMMENDATION: That Council approve travel authorization for Councilmember Wink to attend the National League of Cities (NLC) Congressional City Conference in Washington D.C. March 7 - 11, 2020 and travel authorization for Councilmember Wink to attend the National League of Cities City Summit in Tampa, FL. November 18-21, 2020. PREVIOUS COUNCIL ACTION: Council, per policy, has agreed to discuss and approve all travel expenditures for council members. SUMMARY: Councilmember Wink has been appointed to the National League of Cities Energy, Environment and Natural Resources (EENR) federal advocacy committee. The first meeting of this group for 2020 will be held at the NLC Congressional City Conference in March. The final meeting of this group will be held at the NLC City Summit in November. FINANCIAL IMPLICATIONS: Estimated cost of attendance for the conference in March includes: $615 Registration $650 Hotel $335 Travel $266 expenses The total cost will be roughly $1,800. Estimated cost of attendance for the conference in November includes: $1030 Registration $1200 Hotel $300 Travel $275 Per Diem The total cost will be roughly $2,800 The Council budget for member travel is $15,000. Page 391 of 394 ATTACHMENTS: Letter of Committee Appointment for Councilmember Wink Page 392 of 394 From: Avery Peters <Peters@nlc.org> Date: December 19, 2019 at 11:37:51 AM MST To: Avery Peters <Peters@nlc.org> Cc: Carolyn Berndt <Berndt@nlc.org> Subject: NLC 2020 Energy, Environment and Natural Resources Committee Appointment Notification December 19, 2019 Dear Energy, Environment and Natural Resources Committee Appointee: On behalf of the National League of Cities (NLC), I am writing to congratulate you on your appointment to the 2020 Energy, Environment and Natural Resources federal advocacy committee. Your experience and commitment will bring great value to NLC, communities around the country and the efforts of the committee. Your membership on the committee begins with the receipt of this notification and concludes at the adjournmen t of the 2020 City Summit in Tampa, Florida next November. This year’s Committee leadership team consists of Chair TJ Cawley, Mayor, Morrisville, North Carolina, Vice Chair Chantia Lewis, Alderwoman, Milwaukee, Wisconsin, and Vice Chair Ellen Smith, Councilmember, Oak Ridge, Tennessee. The NLC staff contact for your committee is Carolyn Berndt. Carolyn can be reached directly at 202-626-3101 or by e-mail at Berndt@nlc.org. All of us at NLC look forward to working with you in this capacity this year on the issues that matter to cities. I hope you are already planning to attend NLC’s Congressional City Conference March 8-11 at the Marriott Wardman Park Hotel in Washington, D.C., and to join us for important committee meetings that will take place during the conference. Your participation at these meetings is important as the committee will begin developing a work plan for the year. To assist you in preparing for the meetings, NLC will e-mail meeting materials and room locations in early March. Optional events may take place before the committee meetings, and we will send you that information as soon as it is available. To register for the Congressional City Conference, click here. Page 393 of 394 Finally, attached is a hometown press release, which I encourage you to personalize and share with your local media. If you have any questions regarding media relations, please contact Lauren Sinclair, Sinclair@nlc.org. Again, congratulations on your appointment and I look forward to working with you next year. Sincerely Joe Buscaino President National League of Cities Page 394 of 394