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HomeMy WebLinkAbout2020-07-20 (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. Teleconferenced Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, July 20, 2020 ♦ 6:00 PM This City Council Special / Regular meeting will be held by teleconference. To view the meeting, please follow this link to our YouTube live stream link 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Study Session Topic a. Parks and Recreation Director Christina Underhill and Manager of Open Space Dave Lee will be present with the Parks and Recreation Commission Sub Committee will present their recommendations for the off-leash program. Pdf 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of July 6, 2020. Teleconferenced City Council Special Regular - 06 Jul 2020 - Minutes - Pdf 6. Appointments, Communications, Proclamations, and Recognition 7. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes. Written materials for presentation to Council may be submitted to the City Clerk. a. Jake Gilbert, an Englewood Resident, will address Council regarding off-leash dog parks. b. Poorvi and Ross Pfenning, Englewood Residents, will address Council regarding Maintaining Off-leash Dog Park Privileges at Jason, Duncan, and Centennial Parks. c. Kelly Kane, an Englewood Resident, will address Council regarding Off Leah Parks. d. Robert Taylor, an Englewood Resident, will address Council regarding Off-Leash Parks. e. Ellen Hertzman, an Englewood Resident, will address Council regarding Preserve our off-leash parks. f. Raphaëlle Duchéan, an Englewood resident, will address Council. g. Tim Hughey, an Englewood Resident, will address Council regarding Support of keeping Page 1 of 268 Englewood City Council Regular Agenda July 20, 2020 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. off-leash parks. h. Josh Woodworth, an Englewood Resident, will address Council regarding keeping off- leash dog park. i. Anne Bitga, an Englewood Resident, will address Council regarding keeping Jason Park off-leash. j. Ryan Woodruff, an Englewood Resident, will address Council regarding support of off- leash dog parks. k. Jessica Semones, an Englewood Resident, will address Council regarding support of off- leash dog parks. l. Cindi Guilbert, an Englewood Resident, will address Council regarding Englewood off- leash dog parks. m. Patrick & Christine Maschka, an Englewood Resident, will address Council regarding off- leash privileges. n. Ana Varela, an Englewood Resident, will address Council regarding the importance of off-leash dog areas. o. Steve Kelly, an Englewood Resident, will address Council regarding off-Leash Community Parks. p. Jon Liberman, an Englewood Resident, will address Council regarding support of off- leash dog parks. q. Colleen Lucksinger, an Englewood Resident, will address Council regarding support of off-leash dog parks. r. Janice Brown, an Englewood Resident, will address Council regarding water pressure problems. s. Lauren Benner, an Englewood Resident, will address Council regarding Englewood Unleashed. t. Laura MacKenzie, an Englewood Resident, will address Council regarding support for off-leash parks & development u. Steven Jenkins will address Council regarding Mask Regulations. S.Jenkins Public Comment 7.20.20 v. Michael Fealey will address Council regarding how sports can regenerate Englewood. w. Barb Chumley, an Englewood Resident, will address Council. x. Jaynah London, an Englewood Resident, will address Council regarding the needs for a gate at Jason dog park. 8. Recognition of Unscheduled Public Comment Page 2 of 268 Englewood City Council Regular Agenda July 20, 2020 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. If you would like to sign-up to speak for public comment at the upcoming City Council meeting for Monday, July 20th, please visit https://englewoodco.zoom.us/webinar/register/WN_ct8z_ytrR7WBEqw_AfA70A and register! You will receive a unique and personalized invitation by email to join the meeting. Every speaker who wants to register should sign-up with their own email address. If you do not have an email address or if you have any questions regarding this process, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303-762-2430. Citizens may also submit written public comments to the City Clerk's Office at CityClerk@englewoodco.gov until 12 p.m. Tuesday, July 21st. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to 3 minutes. Currently, we are not able to accommodate public presentations, however, they can be submitted for the packet. Council Response to Public Comment a. Elizabeth Rardin Murphy, an Englewood resident, addressed Council regarding off-leash dog parks. E.Rardin Public Comment 7.20.20 b. C. A. Dickerson submitted a written comment for Council regarding off-leash dog parks. C.A. Dickerson Public Comment 7.20.20 9. Consent Agenda Items a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading. c. Resolutions and Motions 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 26 - Approval of IGA with Mile High Flood District (MHFD) for Design and Construction of Little Dry Creek Plaza Drainage and Flood Control Improvements Pdf Staff recommends City Council approve a Bill for an Ordinance for Little Dry Creek Plaza Drainage and Flood Control Improvements IGA. Staff: Capital Projects and Engineering Manager Tim Hoos and Capital Project Engineer Devin Keener. Page 3 of 268 Englewood City Council Regular Agenda July 20, 2020 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. ii. CB 28 - IGA with State Department of Revenue pertaining to the Sales and Use Tax Software (SUTS System) Pdf Staff recommends City Council approve a Bill for an Ordinance authorizing an Intergovernmental Agreement (IGA) with the State of Colorado's Department of Revenue allowing taxpayers the opportunity to file tax returns in a single application within the State's Sales and Use Tax Software (SUTS System). Staff: Director of Finance Maria Sobota and Revenue and Tax Audit Supervisor Heather Driscoll b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Purchase of rugged computers for the Police Department. Pdf Staff recommends City Council approve, by Resolution, the purchase of rugged computers for the Police Department's rugged computer project at a total cost of $276,550.91. Staff: Deputy Information Technology Director Jeromy King and Police Commander Vance Fender ii. The Englewood Strategic Plan will be used to guide City staff and Council work planning for the next two years. This action will finalize the plan and trigger regular updates from staff to Council on progress thereafter. Pdf Staff recommends City Council approve, by Motion, the Englewood Strategic Plan. Staff: City Manager Shawn Lewis and Neighborhood Resources Coordinator Madeline Hinkfuss 12. Covid-19 Update 13. General Discussion a. Mayor's Choice i. Affordable Housing Letter of Support. Pdf b. Council Members' Choice 14. City Manager’s Report a. Updates for the Phone Town Hall on 21st Century Policing. 15. City Attorney’s Report 16. Adjournment Page 4 of 268 STUDY SESSION TO: Mayor and Council FROM: Christina Underhill DEPARTMENT: Parks, Recreation & Library DATE: July 20, 2020 SUBJECT: Off-Leash Dog Program DESCRIPTION: The Parks and Recreation Commission and Off-Leash Task Force has developed recommendations for changes to the existing off-leash dog program. RECOMMENDATION: The Parks and Recreation Commission Sub Committee will present their recommendations for the off-leash program. This item is for information and discussion. PREVIOUS COUNCIL ACTION: 2001 • City Council approved Council Bill No.36, Ordinance No. 3, Series of 2001 an Ordinance amending the Title 7, Chapter 1A of the Englewood Municipal Code 2000, pertaining to dogs and cats. This Bill made it unlawful for a dog to be off - leash running at large. 2002 • City Council approved Resolution No. 4, Series of 2002 establishing a Pilot Park Program for off-leash dogs. • On December 30, 2002, staff recommended the pilot program be retained on a permanent basis for the 5 off-leash parks (Jason, Northwest, Bates Logan Duncan, Centennial). 2003 • Off leash privileges revoked by City Council for Bates Logan Park. 2020 • March 30--Council hears staff presentation regarding public education and enforcement of off leash dogs rules. Council asks Parks & Recreation Board for recommendation regarding the off leash program. • June 22--City Council directs staff to postpone further discussion on the recommendations until Council can meet in person. • July 6--City Council asks staff to bring the Board recommendations before Council at the next available date. Page 5 of 268 SUMMARY: On March 30, 2020 staff presented information regarding the off-leash program to Council. The staff’s presentation was in response to a number of residents requesting Emerson Park become part of the off-leash dog program along with numerous complaints regarding enforcement of the off-leash program. Council gave direction to staff to take this topic back to the Parks and Recreation Commission to find solutions for the off-leash program. Some of the responses from Council at the March 30th meeting included adding a licensing program, adding Emerson Park as an off -leash park and adding a park on the north side of the City (Cushing). In addition to continuing the “Take the Lead” off-leash educational campaign. The Parks and Recreation Commission made the determination to reinstate the 2018 - 2019 Off-Leash Dog Sub Committee. The 2020 Off-Leash Sub Committee consists of 3 Parks and Recreation Board Members; Mark Husbands, Kate Truesdale and Stephen Young and a staff liaison Dave Lee, Open Space Manager. On May 26, 2020 the Off - Leash Sub Committee met to review and discuss findings from stakeholder meetings and determine a recommendation to resolve the off-leash dog program issues. On Thursday, June 11, 2020 the Sub Committee presented their recommendations to the Parks and Recreation Commission to modify the off-leash program. The Commission approved the recommendations unanimously. ANALYSIS: The Off-Leash Sub Committee reviewed the following information from past meetings to come up with their recommendations to City Council: Off-Leash Dog Park History • Pilot program for five off-leash dog parks parks launched in January 2002; Englewood adopted off-leash parks in January 2003. • In October 2003 Bates/Logan Park off-leash privileges were revoked due to complaints. • As of May 2020 there are four off-leash parks within the City of Englewood: Duncan, Jason, Centennial and Northwest Greenbelt; Canine Corral is an enclosed off-leash dog park, opened in June 2006. • Dogs may be off-leash in the four parks during specific times of day, and specific months of the year: March 1 to October 31; 6-11am and 6-11pm AND November 1 to February 28/29; 6am-11pm The Sub Committee met with three stakeholder groups from November 2018 to April 2019 Page 6 of 268 • Englewood Code Enforcement; Officer David Lewis • Englewood Unleashed; off-leash dog park clean up volunteer group • Pirate Youth Sports; Allen McGirl, Director of Soccer Known Issues with Off-Leash Dog Parks • Englewood is one of the very few municipalities that has off-leash dog parks/hours in metro areas across the country • Neighboring municipalities are bringing additional dogs into our parks • Dog use is damaging parks/turf, costing the city money • Dogs wandering off/getting lost costs the city money • Rising complaints, recent incidents reported of aggressive dogs • With the growing population in Englewood, and surrounding communities, the off- leash dog park program is not sustainable as it currently operates. The Sub Committee recommendations are as follows: • Off-leash dog privileges will be eliminated at Centennial, Jason and Duncan Parks. The Englewood Parks & Recreation Department and Code Enforcement have received multiple complaints about dangerous, at-large dogs at these parks and there are genuine concerns for the health and safety of Englewood’s children and families. These parks have athletic fields, rental shelters and playgrounds. Athletic fields and rental shelters generate revenue for the Parks & Recreation Department, however due to at-large dogs Pirate Youth Sports has considered relocating to South Suburban Parks, and shelters have seen a decline in rentals. Eliminating off-leash privileges at these three parks will ensure all Englewood’s citizens can safely enjoy the parks, and that the Parks & Recreation Department maximize potential revenue. Furthermore, turf at these parks have been damaged as a result of excessive dog use, and the Parks & Recreation Department has had endured unanticipated c osts to reseed and fence the turf for recovery. Eliminating off-leash privileges at these parks will reduce turf use and damage, as well. • The Northwest Greenbelt will remain an off-leash dog park, and we propose Emerson Park will transition to an off-leash dog park. It is recommended off-leash dogs be allowed during park hours (6am -11pm), 7 days of the week, 12 months of the year at the Northwest Greenbelt and Emerson Park. These parks do not have athletic fields or rental shelters, and therefore at-large dogs are less likely to interfere with other activities. The Page 7 of 268 playground at the Northwest Greenbelt is to be fenced-in to address safety concerns for children and families. Citizens that live around Emerson Park have requested it to become an off-leash dog park for years and this recommendation also satisfies their requests. By permitting off-leash privileges at these two parks, it means both the north and south side of Englewood (Hampden Avenue as the divider) will have off off-leash dog privileges, which is something citizens have also been requesting for years. Canine Corral will remain an enclosed off -leash dog park. • The Parks & Recreation Department will develop a comprehensive plan and secure funding for a new enclosed off-leash dog park at Cushing Park. The concept for a dog park at Cushing Park was first introduced in the 2017 Parks & Recreation Master Plan. A second enclosed off-leash dog park in northern Englewood will help disperse off-leash dog activity across the city and allow Code Enforcement to better manage at-large dogs. The Cushing Park off- leash dog park should potentially be for small dogs only, which may also help diffuse issues between dogs within Canine Corral. In the remaining months of 2020, The Parks & Recreation Department will develop a comprehensive plan for an enclosed off-leash dog park at Cushing Park, including all necessary environmental study requirements, infrastructure needs, a project ed budget and a timeline for completion (2022). The estimated total project cost is $300,000. The Parks & Recreation Department will write a grant to secure funding in 2021. • The Parks & Recreation Department will continue it’s “Take the Lead” campaign and create content around the off-leash dog park changes. The Off-Leash Sub Committee believes if Englewood’s citizens are primed about the holistic plan for off-leash dog parks, they will be more likely to show support. These changes will make the parks safer and more enjoyable for all of Englewood’s citizens, and while some off-leash dog park privileges are being eliminated, new opportunities for off-leash dogs are also being created. Communicating these changes through the “Taking the Lead” campaign will ensure citizens are aware of the changes, yield a smooth transition and mitigate potential for at-large dog issues. • The Parks & Recreation Department will create new opportunities for Englewood residents to socialize. Multiple citizens have commented that the off-leash dog parks create an opportunity for socializing and build sense of community among neighbors; eliminating off-leash privileges may affect this. Community park events and adult sport leagues will provide different opportunities for neighbors to interact. The Parks & Recreation Department will work with the Parks and Recreation Commission to create these opportunities. FINANCIAL IMPLICATIONS: Page 8 of 268 During this research period, there have been no financial implications beyond staff time. Future financial implications could include formalized/ fenced area for dogs off-leash ($60,000-$100,000 per park), cost for park ranger program to assist with off-leash issues and park rules, and dog licensing software program. ALTERNATIVES: 1.) Make no changes to off leash rules or programming. 2.) Increase staff (i.e.: Code Officer, Park Ranger) for more enforcement of current rules. CONCLUSION: Parks and Recreation Commission Sub Committee has developed their recommendations for the off-leash program for City Council. This item is for information and discussion. ATTACHMENTS: Off-leash presentation 7.20.20 (PowerPoint-PDF) Off-leash Dog Sub Committee Recommendations Input Now City of Englewood Off-leash Dog Privileges Survey Results Dog Park Emails PDF -redacted CM Stone - Survey Results Page 9 of 268 City of Englewood Parks & Recreation Commission Off-Leash Dog Sub Committee Recommendation June 2020 The Off-Leash Dog Sub Committee was formed in October 2018 as a result of increased complaints from citizens about off-leash dog park program. The sub committee met with three stakeholder groups from November 2018 to April 2019, including Englewood Code Enforcement, Englewood Unleashed and Pirate Youth Sports (see Appendix for meeting notes.) Sub committee members included Parks & Recreation Commissioners Kate Truesdale, Mark Husbands and Kathy Christie. Dave Lee represented the Parks & Recreation Department. Member Kathy Christie moved away from Englewood in September 2019 and Parks & Recreation Commission member Steve Young replaced her in May 2020. On May 26, 2020 the Off-Leash sub committee met to review and discuss findings from stakeholder meetings and determine a recommendation to resolve the off-leash dog program issues that have been troubling Englewood for years. The Off-Leash Dog Sub Committee recommends the following: ¥ Off-leash dog privileges will be eliminated at Centennial, Jason and Duncan Parks. The Englewood Parks & Recreation Department and Code Enforcement have received multiple complaints about dangerous, at-large dogs at these parks and there are genuine concerns for the health and safety of Englewood’s children and families. These parks have athletic fields, rental shelters and playgrounds. Athletic fields and rental shelters generate revenue for the Parks & Recreation Department, however due to at-large dogs Pirate Youth Sports has considered relocating to South Suburban Parks, and shelters have seen a decline in rentals. Eliminating off- leash privileges at these three parks will ensure all Englewood’s citizens can safely enjoy the parks, and that the Parks & Recreation Department maximize potential revenue. Furthermore, turfs at these parks have been damaged as a result of excessive dog use, and the Parks & Recreation Department has had endured unanticipated costs to reseed and fence the turfs for recovery. Eliminating off-leash privileges at these parks will reduce turf use and damage, as well. ¥ The Northwest Greenbelt will remain an off-leash dog park, and we propose Emerson Park will transition to an off-leash dog park. It is recommended off-leash dogs be allowed during park hours (6am-11pm), 7 days of the week, 12 months of the year at the Northwest Greenbelt and Emerson Park. These parks do not have athletic fields or rental shelters, and therefore at-large dogs are less likely to interfere with other activities. The playground at the Northwest Greenbelt is to be fenced-in to address safety concerns for children and families. Citizens that live around Emerson Park have requested it to become an off-leash dog park for years and this recommendation also satisfies their requests. By permitting off-leash privileges at these two parks, it means both the north and south side of Englewood (Hampden Avenue as the divider) will have off off-leash dog privileges, which is something citizens have also been requesting for years. Canine Corral will remain an enclosed off-leash dog park. ¥ The Parks & Recreation Department will develop a comprehensive plan and secure funding for a new enclosed off-leash dog park at Cushing Park. The concept for a dog park at Cushing Park was first introduced in the 2017 Parks & Recreation Master Plan. A second enclosed off-leash dog park in northern Englewood will help disperse off-leash dog activity across the city and allow Code Enforcement to better manage at-large dogs. The Cushing Park off-leash dog park should Page 10 of 268 potentially be for small dogs only, which may also help diffuse issues between dogs within Canine Corral. In the remaining months of 2020, The Parks & Recreation Department will develop a comprehensive plan for an enclosed off-leash dog park at Cushing Park, including all necessary environmental study requirements, infrastructure needs, a projected budget and a timeline for completion (2021). The estimated total project cost is $300,000. The Parks & Recreation Department will write a grant to secure funding in 2021. ¥ The Parks & Recreation Department will continue it’s “Take the Lead” campaign and create content around the off-leash dog park changes. The Off-Leash Sub Committee believes if Englewood’s citizens are primed about the holistic plan for off-leash dog parks, they will be more likely to show support. These changes will make the parks safer and more enjoyable for all of Englewood’s citizens, and while some off-leash dog park privileges are being eliminated, new opportunities for off-leash dogs are also being created. Communicating these changes through the “Taking the Lead” campaign will ensure citizens are aware of the changes, yield a smooth transition and mitigate potential for at-large dog issues. ¥ The Parks & Recreation Department will create new opportunities for Englewood residents to socialize. Multiple citizens have commented that the off-leash dog parks create an opportunity for socializing and build sense of community among neighbors; eliminating off-leash privileges may affect this. Community park events and adult sports leagues will provide different opportunities for neighbors to interact. The Parks & Recreation Department will work with the Parks & Recreation Commission to create these opportunities. The Off-Leash Sub Committee believes these recommendations will resolve the off-leash dog program issue within Englewood. As our city continues to grow and develop, the existing off-leash dog program is not sustainable. At-large dogs are a health and safety concern and a financial burden for the city of Englewood. It is crucial to implement changes to the program and create a second dog park. We, the Off- Leash Sub Committee, look forward to the future of off-leash dogs within our city. Page 11 of 268 APPENDIX City of Englewood, Parks & Recreation Commission Off-Leash Dog Sub Committee Meeting Notes A recap of meetings that took place between November 2018 and April 2019 Off-Leash Dog Park Sub Committee History/Timeline • Formed in October 2018; result of increased complaints from citizens about off-leash dog park program • Committee members include Kate Truesdale, Mark Husbands and Kathy Christie; Dave Lee as Parks Department representative • The sub committee met with three stakeholder groups from November 2018 to April 2019 o Englewood Code Enforcement; Officer David Lewis o Englewood Unleashed; off-leash dog park clean up volunteer group o Pirate Youth Sports; Allen McGirl, Director of Soccer • The sub committee fell to the wayside as the Summer of 2019 commenced; member Kathy Christie left Englewood in September 2019 • The sub committee was re-ignited in May 2020 as a result of pressure for a recommendation be suggested to City Council regarding off-leash dog parks o Steve Young replaced Kathy Christie on sub committee Off-Leash Dog Park History • Pilot program for five off-leash dog parks parks launched in January 2002; Englewood adopted off-leash parks in January 2003 • In October 2003 Bates/Logan Park off-leash privileges were revoked • As of May 2020 there are four off-leash parks within the city of Englewood: Duncan, Jason, Centennial and Northwest Greenbelt; Canine Corral is an enclosed off-leash dog park, opened in June 2006 • Dogs may be off-leash in the four parks during specific times of day, and specific months of the year o March 1 to October 31; 6-11am and 6-11pm o November 1 to February 28/29; 6am-11pm Issues with Off-Leash Dog Parks • Englewood is one of the very few municipalities that has off-leash dog parks/hours in metro areas across the country • Neighboring municipalities are brining additional dogs into our parks • Dog use is damaging parks/turf, costing the city money • Dogs wandering off/getting lost costs the city money • Rising complaints, recent incidents reported of aggressive dogs • With the growing population in Englewood, and surrounding communities, the off-leash dog park program is not sustainable as it currently operates ______________________________________________________________________________________ Code Enforcement Meeting (November 2018) • Officer Dave Lewis attended the Parks & Rec Commission meeting to address off-leash dog park issues • There are not enough Code Enforcement (CE) officers to enforce off-leash dog park rules; off- leash dog park hours are outs ide of CE operation hours • Rabies is a concern; there were 41 case in 2018; concern is off-leash dogs becoming rabid, spreading to other dogs Page 12 of 268 APPENDIX • Called to parks because off-leash dogs not under voice control, dog attacks, people not cleaning up after dogs • Many people confused by off-leash rules, hours/months • Non-Englewood residents at parks with off-leash dogs • Costs tax payer $254 when CE takes animal (dog, cat, etc.) to humane society to be scanned for chip o 2018: 219* animals = $55,626 (*As of November 2018) o 2017: 244 animals = $61,976 o 2016: 273 animals = $69,342 Solution suggestions from Code Enforcement • Education and Enforcement should be the goal • Dog Licensing/Registering/Tagging o Boulder Voice & Sight Program ($15 to $30 per dog, annual fee) § Off-leash dogs must be registered on voice command and hang signals § City offers classes for voice and signal command training; dog must take class and then are tested § Court summons if dog not under voice command; Fee unknown for resident/nonresident o Registration fees could help cover cost of additional CE officers for off-leash hours • Education campaign about rabies, pet healthy and safety, dogs meeting etiquette, etc. Englewood Unleashed Meetings (November 2018 – April 2019) • Englewood Unleashed (EU) is a volunteer group; mission is to support off-leash dog privileges designated within Englewood; work with City and Parks & Rec Departments to support off-leash dog privileges • Formed in 2006; there have been many iterations of the group • Organize clean ups for off-leash dog parks; host fundraising events to cover cost of supplies • Communicate primarily through Facebook page; also have website; no member database • Have struggled in the past with volunteer retention Meeting #1: November 27, 2018 • General get-to-know-you meeting; talked about off-leash parks, various issues, the two sides • New EU Executive Committee formed after being pressured by the existing Executive members; threatened off-leash parks shutting down if Englewood Unleashed didn’t continue to exist; this is false, existing Executive members wanted to leave the group • Executive Committee members include Kyle Masterson, Kali Wallace, Keely Sugden, Ross Pfenning • EU also confused by off-leash rules, hours/months • New EU Executive Committee to meet, strategize direction of EU, then meet with subcommittee in 2019 Meeting #2: January 29, 2019 • Update from EU Executive Committee to meeting; shared strategy for 2019 and beyond • Reorganizing o EU cannot access approximately $4,000 in funds; past Executive members nonresponsive o Park Teams- neighborhood clean up groups, also help with education o Desire to create volunteer database, monthly/quarterly newsletter o Update Agreement between EU and Parks & Rec Department • Rebranding Page 13 of 268 APPENDIX o Logo, mission, social media channels, website o Business cards for members to hand out at parks as part of education o Social media channels/Next Door to help diffuse complaints o Goal to reveal new brand Summer 2019 • Fundraising o Partner with Parks & Rec on dog registration; registration comes with EU membership, benefits at Parks and Rec/EU events; EU receives some funds? o Smaller more frequent events, including neighborhood park BBQs/happy hours, dog egg hunt, canine carnival, dog-themed movie night, year-end dog swim Pirates Cove o Information booth at Englewood Block Party Meeting #3: April 23, 2019 • Still trying to access finances; need access to PO Box; setting up operating procedures so this won’t happen again if Executive Committee changes • Not much progress made on rebranding, slowly coming together, still expecting Summer 2019 launch • All EU member meeting when secured finances, PO Box, rebrand complete Current Status of Englewood Unleashed (2020) • EU Executive Committee member Kyle Masterson moved to Grand County in Spring of 2019 • EU Executive Committee member Keely Sugden resigned late Summer 2019 • EU transitioning again; feel group is fizzling out (despite activity on Facebook page, sharing Code Enforcement/Parks & Recs updates); unknown if any new Executive Committee members Solutions and Suggestions from EU • Partnership of EU and Parks & Rec dog registration • Section of Canine Corral for small dog park • Fence/barrier between fields and playgrounds at off-leash parks • More simple signage, larger • Education campaign in Englewood Citizen • Partnership with Keep Englewood Beautiful for education • Partner with real estate agents on “Welcome Packets,” share info about off-leash parks • Better scheduling with Youth Sports; shared calendar between EU and Youth Sports, updated frequently, email blasts to EU membership about scheduling changes Pirate Youth Sports Meeting (April 2019) • Meeting with Allen McGirl, Director of Soccer for Pirate Youth Sports (PYS); has children and also a dog owner; used to support off-leash dog rules, now doesn’t think sustainable for Englewood • PYS includes 4 staff members, 12 sports directors • Off-leash dogs interfere with sports programming; hours overlap; dogs running onto fields during practice/games; knocking children over; urinating on personal equipment • Some coaches refuse to practice at Duncan Park because of off-leash dogs; previously dropped Jason Park because of off-leash dog issues • PYS encourages parents not to bring dogs to practice/games; in PYS Code of Conduct • PYS considering leaving Englewood parks for South Suburban (no off-leash dogs allowed); PYS leaving Englewood parks would significantly affect park revenue • PYS wants off-leash dogs parks to end; safety concern for children and families Solutions and Suggestions from PYS Page 14 of 268 APPENDIX • Scheduling between PYS practice/games/events and off-leash dog hours; shared calendar, updated frequently • Area behind playground at Bates/Logan for small dog park • Code Enforcement officer number on PYS rosters; CE present at PYS games/events • Education campaign focused on safety of children and families while in parks Solutions and Suggestions from Parks & Rec Department Long Term Solutions (presented October 2018 at Parks & Rec Commission meeting) • Establish off-leash license program o Dog owners purchase off-leash license, which allows access to the four off-leash parks and Canine Corral. Non-resident rates will be slightly hire than residents and funding from the program can help cover cost of Code Enforcement officer to help with enforcement and education. • Build Second Dog Park in northwest Cushing Park o Once dog park opens, all other off-leash privileges phased out, or revoked immediately. • No leash rules at any parks o No licensing program. All dogs may run free at all Englewood parks. • Leave current off-leash dog park privileges in place as they are today. Updated Solutions (presented at April 2020 Parks & Rec Commission meeting, and City Council meeting) • Continue enforcement • Discontinue the off-leash program • Future funding for installation of a fended dog park north of Highway 285 (Cushing) • Add off-leash park north of Highway 285 (Emerson) Page 15 of 268 POLICY OVERVIEW ADDED. APR 24, 2020 CURRENT RESULTS 69 Total Responses REGISTERED VS NON-REGISTERED ALL RESPONDENTS Off-Leash Dog Privileges On a scale of 1-10, how would you rate the City’s response to off-leash dogs? 1 being dissatisfied and 5 being very satisfied. A 1 (11) B 2 (3) C 3 (7) D 4 (5) E 5 (14) F 6 (6) G 7 (4) H 8 (6) I 9 (1) J 10 (12) A B C D E F G H I J Registered Voters (41)12.2% (5)4.9% (2)7.3% (3)9.8% (4)22.0% (9)9.8% (4)7.3% (3)9.8% (4)-17.1% (7) Non-Registered Voters (28)21.4% (6)3.6% (1)14.3% (4)3.6% (1)17.9% (5)7.1% (2)3.6% (1)7.1% (2)3.6% (1)17.9% (5) A B C D E F G H I J All respondents (69)16.0% (11) 4.0% (3) 10.0% (7)7.0% (5)20.0% (14) 9.0% (6) 6.0% (4) 9.0% (6) 1.0% (1) 17.0% (12) Registered Voters in Input Now! | City of Englewood, CO (41)12.2% (5)4.9% (2)7.3% (3)9.8% (4)22.0% (9)9.8% (4) 7.3% (3) 9.8% (4)-17.1% (7) Live in Input Now! | City of Englewood, CO (64) - Self- reported 15.6% (10) 3.1% (2) 10.9% (7)6.3% (4)18.8% (12) 9.4% (6) 6.3% (4) 9.4% (6) 1.6% (1) 18.8% (12) Subscribers to Input Now! | City of Englewood, CO (69)15.9% (11) 4.3% (3) 10.1% (7)7.2% (5)20.3% (14) 8.7% (6) 5.8% (4) 8.7% (6) 1.4% (1) 17.4% (12) Register respondents from anywhere (43)12.0% (5)5.0% (2)7.0% (3)12.0% (5) 23.0% (10) 9.0% (4) 7.0% (3) 9.0% (4)-16.0% (7) 16% (11) 4% (3) 10% (7) 7% (5) 20% (14) 9% (6) 6% (4) 9% (6) 1% (1) 17% (12) 1 of 17 1 of 17 Page 16 of 268 CURRENT RESULTS 70 Total Responses REGISTERED VS NON-REGISTERED ALL RESPONDENTS Did you know that the City has off-leash dog times at certain parks around the city? A Yes (59) B No (11) A B Registered Voters (41)90.2% (37)9.8% (4) Non-Registered Voters (29)75.9% (22)24.1% (7) A B All respondents (70)84.0% (59)16.0% (11) Registered Voters in Input Now! | City of Englewood, CO (41)90.2% (37)9.8% (4) Live in Input Now! | City of Englewood, CO (65) - Self-reported 87.7% (57)12.3% (8) Subscribers to Input Now! | City of Englewood, CO (70)84.3% (59)15.7% (11) Register respondents from anywhere (43)88.0% (38)12.0% (5) 84% (59) 16% (11) 2 of 17 2 of 17 Page 17 of 268 CURRENT RESULTS 69 Total Responses REGISTERED VS NON-REGISTERED ALL RESPONDENTS Do you like having off-leash dog times around the city? A Yes (42) B No (27) A B Registered Voters (40)70.0% (28)30.0% (12) Non-Registered Voters (29)48.3% (14)51.7% (15) A B All respondents (69)61.0% (42)39.0% (27) Registered Voters in Input Now! | City of Englewood, CO (40)70.0% (28)30.0% (12) Live in Input Now! | City of Englewood, CO (64) - Self-reported 62.5% (40)37.5% (24) Subscribers to Input Now! | City of Englewood, CO (69)60.9% (42)39.1% (27) Register respondents from anywhere (42)69.0% (29)31.0% (13) 61% (42) 39% (27) 3 of 17 3 of 17 Page 18 of 268 Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion What solutions do you propose to handle an increase in off-leash dogs in Englewood? Fine them Park or Animal Control patrols (Lived here 2 1/2 years, I don't think I've ever seen Animal Control in Englewood. I think I have seen a Parks vehicle once. This includes off leash and at canine corral) This effort needs to be paired with more messaging and enforcement. Too many of the parks are seeing significant off-leash traffic at all hours. I'm not sure how it can best be handled except to have the animal control officers patrol the parks- they are likely short staffed already which is likely the reason it takes so long for someone to respond to calls. Add more off-leash spaces that have broader daytime hours. Off leash dogs need to be kept out of play area for kids - too many times I have seen dogs running around playgrounds while kids are playing Code enforcement need to be a present and visible force at these parks. I live across the street from one and never see a person enforce any type of rule. Enforce the current law and owners will learn to comply Ticket owners and take dogs. Make owners pay a fee and sign a document agreeing to permanently relinquish their dog if they’re caught off leash again. I walk in Belleview Park early in the morning. There are ALWAYS numerous people with their dogs off leash and there is an off leash dog park right there. There are often city maintence or park people there doing work, why can't the at least approach those people and hand them an information card or something. I won't say anthing because i have been yelled at and have been called vulgar names simply for saying "do you realize this is not an off leash park?" I now carry mace in case a dog charges me. more enforcement, designated off leash fenced dog park, bigger fines for off leash and not picking up poop Increase off-leash hours at parks. Increase number of parks that offer off-leash availability. Require an off-leash permit with a nominal fee and reading materials to educate about responsibility of an off- leash dog. Issue small fines/community service for non-compliance of permit. I think there needs to be a designated fenced off area that is allowed for dogs to be off leash at the parks. They should not get free range of the fields/parks. Being heavily involved in Pirate Youth Sports it is not safe for our kids to be practicing and playing sports with dogs running around that could potentially harm or hurt a child. Unfortunately it appears that is going to have to happen in order for something significant to change. I have seen dogs going into the playground and on the equipment designated for kids. I have seen dogs knock kids over when running out in the t ball fields at Jason Park. Dog poop always at Jason and Duncan. I am a dog owner myself but my dog doesn't come before the safety of my kids or anyone else for that matter. Enforcement, off leash dogs are being walked all day, every day on my street. I have no problem with setting specific hours and areas, but no one is following them now because there is no enforcement, and I’m referring to pre-virus days. Let dogs be off leash at more parks than currently allowed Paid use of ball parks for off leash pet use. Set up a permit system to that pet owners can pay to help keep off leash areas and ball park areas clean (though residence should always assume responsibility Online reporting of incidents to track 'high-incident' areas, then perform patrols in those areas to spread awareness of regulations 4 of 17 4 of 17 Page 19 of 268 Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Consider expanding off leash hours at some parks when the parks aren't being used for other purposes, like ball games. Fence off playgrounds to keep dogs out. Proactively enforce the leash law. Give tickets. Please cancel all off leash programs and only permit in fenced dog parks like a canine corral. I am frustrated that I can't take my son with special needs to Englewood parks without having having dogs run up off leash or not under control. Bad at Centennial Park when we try to ride his bike. Dog registration, a new dog park and no off leash areas More designated off leash parks/times. Those who violate city polcies/laws regarding off-leash, should be made to do community service at the animal shelter to see the drain on resources due to their transgressions. Once a month, have parks and rec show up with buckets and poop scoops and ask people at the park to take a bucket and poop scoops and clean the park. Ban vicious dogs and dogs not spayed/neutered. Improve bathroom facilities at all parks. Hold park managers accountable for ensuring the condition of ALL the parks. A sprinkler broken for two weeks can lead to thousands of dollars of loss that we taxpayers are then accountable for...put up temp signs regarding social distancing and face masks. Flyers posted in neighborhoods specifying that off-leash dogs on streets & sidewalks are not allowed. Higher fine for infractions, more vigilance from those who can ticket. respond when someone calls with an off-leash incident During the COVID-19 guidelines prohibiting group team sports, it would be great if office hours could be expanded since there are no teams using the field (Jason Park). We LOVE Jason Park and try to be extremely vigilant about picking up after our dog or anything else we find. Thank you for those park privileges! More off leash parks 17 years ago we had an off leash park at Bates and Logan. This was great because we that used it meet other Englewood residents and became friends. We would have party’s pot lucks and the sorts. We really enjoyed the community that this created. Because of an influx of Denver residents it got over run by them. This caused a number of people livening on and around the park to start complaining. On top of it there was a playground and picnic pavilion that also caused some issues with dog intervention. As a result of this the City had to change the rules. Since then we have started to meet at various small local non playground parks that are not leash free but are very small city parks. This again has resulted in a major since of community. These parks are not used by anybody before we stared to meet there. They are leash parks but for years not enforced due to so many locals were using them. I have become friends with a bunch of other Englewood residents. Recently the code enforcement has been cracking down and destroying this since of community. This is our park and our taxes pay for them. There seems to be 1 or 2 people that live on the park that complain about this. Yes it is their right to but their taxes are only a small share of the community taxes that pay for the park. We as a local to the park community feel that this could be fixed by a curtailment of the enforcement and a support system could be put into place to manage it instead of crushing the community that uses the park. We were having happy hours and pot lucks and clean ups at the park all the time now it is unused again. By making the park leash free just invites people who are not of the community to come and cause problems. We just want to be able to use our community parks to get together with each other and enjoy the Community of Englewood. The only offleash dogs that I have seen are dogs that have escaped from their yards. I think the best solution would be to encourage dog owners to take thier dogs for walks and not leave them unattended in fenced in yards all day and all night. But, I don't think that's an easy fix. We need to be more forward thinking! Pets are considered family and is one of the largest industries contributing to the overall economy. Yet, we still play the antiquated game of one person calls in and 100’s suffer. We shouldn’t allow anyone to drive if this model really is the golden standard. The solution is to adapt to technology and use a passport/pay to play concept where we sign up and receive a code Proving our dogs are non-threatening and obedient, where we log into an app that is traceable by Parks and Rec so that we get to go to any park and pay a small fee each time we are there. Helping to offset the operations costs. Something that already exist for inspiration is https://www.passportparking.com/. My concern is about off-leash dogs running around at Cornerstone ball fields when games are not being played. Some owners think nothing of taking their dogs there to run around and then don’t bother to clean up after them, leaving a mess for ball players to run into when fielding. A possible solution would be security cameras at ball fields (Denny Miller, too), educating the community, and some sort of enforcement. Why dog owners refuse to use the dog park by Cornerstone is beyond me. remove the hours and turn a portion into a dog park. Most of us are home with our pups and need to take them somewhere to run off energy As long as off leash dogs are well behaved and obedient, I have no problem with it. We don’t need an increase. There are dog owners who don’t respect the current regulations and it would be more helpful to hold them accountable. 5 of 17 5 of 17 Page 20 of 268 Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion I think Englewood has a really strong, healthy culture of dog ownership - I think the existence of parks in Englewood with off-leash dog hours is one of the (many) things that attracts new residents to Englewood. I think increasing the number of parks that have off-leash dog hours will provide dog owners with more flexibility in being able to spend time outdoors in Englewood with their dogs, and I also think the existence of these parks - and the knowledge that the parks having dog off leash hours is dependent on the dog owners being good stewards of the parks and following the rules - will decrease the amount of people violating the leash rules. Occasional drive by monitoring by animal enforcement of the dog parks. Also, community education regarding the rules at the off leash dog parks. More designated areas with specific times dates for off leash I would prefer that our larger parks allow off leash activity. Increase the opportunities for off-leash dogs (more parks). More enforcement - good behaving dogs/owners should not be punished because of bad ones. Use the Oxford station apartments as a case study. What percentage of tenants have dogs and use Jason Park? Since they opened, we have seen a significant increase in the number of dogs at Jason Park. Please consider this when evaluating large residential developments. Designated, fully-fenced dog parks. Full time Animal Control response team Add more off leash parks and increase the hours off leash is permitted. In the early spring and fall, with the time changes, it's often dark when the off-leash hours begin (mostly in the afternoons). To Question 3, yes and no. Yes, if it's a fenced area. But it makes me nervous to walk by Jason Park with off leash dogs that may approach my leashed dog, who doesn't get along with other dogs, when we are on our walk (even across the street). Off leash dogs in Englewood, in general? Anyone who has an off-leashed dog in a leash are should be fined. We see off leash dogs in Belleview Park ALL THE TIME and it's very stressful when we walk our dog there. Maybe $25 the first time, $50 the second, increasing from there. Don't see much off leash activity on the neighborhood streets, thankfully. Let them be off leash if under control. I am SO SO tired of dog owners using my front lawn as a public bathroom for their dogs whether on leash or off. Owners must be made responsible for their dogs actions. Most dogs are chipped. Use the chip information to locate owner and hold them responsible. Fine the owner and hold the dog until the fine is paid. If the fine does not get paid, the dog goes to the pound for adoption. Owners will take their ownership responsibilities seriously only when the City structure/codes takes it seriously. The City also needs to do much much better with the barking dog issues. Dogs left in the yard to bark disturb the neighborhood. Many people work nights in health care or other like professions. Again, individuals will ONLY become responsible for their dogs actions when the City requires them to do so. I understand that individuals have rights to have a dog. But non-dog owners also have rights to not be impacted by the numerous, numerous undisciplined dogs (and their owners) in the neighborhoods. The City needs to adopt a position that a dog owner gets to EARN the PRIVILEGE of having a dog and consequent owners incapable of considerate dog ownership. Make the days/times for off leach more we’ll know. I didn’t know there was a particular time it was ok. I assume that means others don’t know it either. My concern is that many dogs are off-leash in parks where they are not supposed to be - children playing, other dogs on leashes, owners not picking up their messes due to inattention to their animals. I had my dog lunged at my an off-leash dog and it could have gotten ugly quick but I was able to jerk my dog away - fortunately he had on a harness and was not injured. Parks like Jason that are not having organized sports activities should extend off-leash times to the 6 am to 11pm times used during Nov.-March. Perhaps colored bracelets could be used and people could come during a window that matches their bracelet. Provide more fenced dog runs/parks Putting fences around playgrounds and other areas where children are present It seems with COVID we have been able to have park rangers patrolling Belleview Park non-stop which is great. If those rangers could come through at peak hours before and after work to monitor and issue tickets that would deter a lot of people from not keeping their dogs on leashes. Especially all the pit bull owners. Add a fence to Jason Park so that not everyone has to go to Belleview and it would keep dogs away from the playground area. I haven't recently noticed it to be a problem however since all the playgrounds are closed. It would be beneficial for my children to have a place to play while we are home right now. 6 of 17 6 of 17 Page 21 of 268 Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Owners know if their dogs are trained or not. It should be mandatory that not nice dogs be on a leash when out and about. Question 3 isn't clear. I have a dog, so I like the fact that I can have my dog off-leash in certain parks. What I don't typically like is the TIMES. Why should there be "special" off-leash hours?? Hear me out, please :) I pay for the parks, too. I shouldn't have to come earlier in the morning or later in the evening. Unfair! I use common sense: If kids are having a soccer game, I obviously don't let my dog run free. If no one is on a field/park area, I would suggest that I should be able to have my dog off-leash regardless of the time or season of year. And really, that should be in ANY park, not just "special" parks (which is really not so special). Thanks for considering my ideas. To answer your Question 4, if there are really more off-leash dogs ... perhaps we need more space/room. Might we think about opening ALL parks to off-leash pups? Most of us (most) are fairly good at policing ourselves and our dog-loving friends. I'm not afraid to speak up and ask folks to keep closer watch on their dog(s). I’m actually ok with specific off leash times and places in parks. What I DO NOT like is certain ppl seem to be a-ok with walking their dogs off leash around the neighborhood. Create parks specifically for dogs or sections of parks that are closed off from the rest of the park so that the public can enjoy a "dog-free zone". Perhaps require some sort of a permit or license so that dog owners understand that they are responsible to clean up after their pets, so that dogs are registered and owners are responsible for any injury, and to generate a little money toward maintaining these parks. Education campaigns would be great as well. I would love to see info that helps dog owners feel/show respect for non-dog owners, children, those allergic/afraid of pets, disabled, etc. Actually enforce the law!! Stop warnings give tickets. Increase city revenue. Also why does Englewood not require a dog license? I would like any dog going off leash to have a license so they can more easily be monitored for good behavior. It would be cool to advertise CGC courses and testing and highlight CGC dogs in Englewood and create it as a norm. Or at least as something to aspire to 7 of 17 7 of 17 Page 22 of 268 Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Do you have a recommendation on what park north of 285 could be transitioned to an off-leash dog park or formalized fenced dog park? None. The city already has a designated and fenced in dog park at Belleview park Floyd? not familiar with other parks Emerson park may make sense as a formalized dog park No. Emerson Park Cushing - too many homeless people there as well I never see people at the park next to the skate park at Dartmouth and Santa Fe… How about having a fenced dog park there? none, we have enough of a problem. Emerson Cushing Park. Maybe a small section of Bates Logan? Maybe at Romans Any park if it’s fenced would be good with me Bates Logan Park Cushing park Packy Romans park Any park. Cushing or Emerson. Maybe 3 parks to include centennial Packy Romans Park Packy Roman Park, it is being renovated this year. Perfect time to add a fenced off leash area...West end is a flood plain grass field which would be perfect for off leash. Bates/Logan - with restrictions similar to the other multiuse parks. Open to other ideas. Another place with a fenced in area would be terrific. 8 of 17 8 of 17 Page 23 of 268 Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Sugar bowl hill or the Rosedale unpaved area. The "wild" area between Cushing Park and Santa Fe. Maybe Emerson but only if fenced due to proximity to walking path. Cushing park (the Open space across from The park) None, but this is a wonderful idea. Back part of Bates park near the playground or Emerson park or east side of Harvard gulch near Emerson street No Bates and Logan park Cushings or Bates/Logan Barde Park next to Charles Hay or even Roman Park could be utilized but being able to use a small unused park like Emerson to just meet and let our puppies play while we socialize would be better. the locations north of 285 would bring more Denver residents into the park and cause issues with not taking care of the droppings. I'm not familiar with the north side parks. Emerson Park or Bates Logan. 1) Clarkson - the whole thing 2) Bates-Logan - the field when not in use or the area behind the Pavillion and playground 3) Cushing - a portion 4) Depot - the whole thing minus the community garden area Is there a small park on Clarkson somewhere in the Dartmouth area that would work? Otherwise, a portion of Cushing might be doable. Bates Logan Romans Park Cushing Park Cushing Park - I think it is a great location for dogs being off leash. I also think its location will serve an area of Englewood that doesn't currently have a close alternative off-leash dog park, so I think it being converted to such a park will bring a whole new group of Englewood dog owners into the community of residents who feel a sense of responsibility for caring for the parks and making sure they are well maintained. Cushing Park Not familiar with that area Cushing Park has a lot of room. Part of it would make a decent fenced dog park. A park in the on the outskirts of the northern end of SoBo would be great. No I think a section of Roman Park could be fenced off for dogs. There are apartments in that area, so people may need space for their dogs to run. I disagree with people who think Emerson Park or Bates- 9 of 17 9 of 17 Page 24 of 268 Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Logan should be. Even though I don’t live in either of those neighborhoods, they are (currently) so nice and quiet. Emerson & Bates-Logan are gems of Englewood, and should be kept that way, in my opinion. No - I live south of 285 Not familiar with this part of town No, that's not really our neighborhood. I'm sorry I do not. Something close to Downtown Don/t know. City of Kunming or Romans seem like they have room for a fenced dog area I don’t know the area well enough. Maybe the other side of Dartmouth and Santa Fe where lots of development is happening? Part of the park off of Dartmouth near Santa Fe behind the Walmart area? Is that Cushing park? No Please not Cushing if people aren't going to pick up their poop. It's used a lot for soccer, frisbee, etc and that would just be gross. No- doesn’t Englewood have the highest number of dog parks per capita in Colorado? Why do we need more? So people don’t actually have to walk their dogs to the park? Just put one on every corner. 10 of 17 10 of 17 Page 25 of 268 Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Do you agree with the level of enforcement of off-leash dogs? Needs to be stricter yes No - there has not been enough enforcement to date No. I think it is seriously lacking. We live right on Bates/Logan park which is NOT an off leash park and dogs run loose all day long. No Yes - dogs need to be kept under control for safety of others at park Absolutely not ! Duncan Park is suppose to be off leash from 6-11 am and 6-11 pm yet dog run loose at all hours. I have never seen any enforcement. No, I get tired of having to pick my dog up because off leash dogs come running at him, out of control, with idiot owners running behind saying don’t worry my dog is friendly. Well fuck you, my dog is terrified after being attacked countless times before he was rescued. Control your animal!!! Or is it legal to shoot a dog that comes running at my dog, off leash, out of control? I have never seen enforcement so I can't speak to this yes, should be stricter No. I agree that the parks need to be more aggressively patrolled, and I'm a dog owner. No there is no enforcement, most owners don't respect the rules that are posted Nope, see paragraph above yes! No, though it is impossible for the city alone to enforce. I personally believe in the idea of "constibles" certified civilians with the authority to issue verbal warnings to help enforce posted rules. I wish there was better enforcement of off-leash dogs Poorly worded question! What "enforecement" other than dog owners being responsible for their dogs. Other cities have off leash parks and minimal off leash dog challenges. Seems to me after living in Englewood for over 18 years...THE ENGLEWOOD CITY COUNSEL HAS A ISSUE WITH OFF LEASH DOG AND OFF LEASH DOG PARKS! Demand for off leash parks are increasing and yes education, guidelines and some enforement is needed but it is manageable! Unfortunately, so many people don't pick up after the dogs, or allow aggressive behavior. That should be addressed as much as possible NO 11 of 17 11 of 17 Page 26 of 268 Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion What enforcement? Yes yes, I see Animal Control and Police in the parks often but privileged people take dogs off-leash as soon as they leave the park. People are going to make up their own rules. Also, why doesn't Englewood having to license? Most metro area cities require annual licensing to check for rabies and animal population control. Yes. Code enforcement is doing a great job Yes Yes. Without enforcement, people don't pick up after their pet, don't share these wonderful resources appropriately, and frustrate others who do follow the rules and appreciate the gift of a community with off leash opportunities. No. I have never seen it enforced and when I mention it to people walking their dog without a leash down my street, they look at me like I'm crazy. Yes No NO Seems fine. But see above re expanding off leash hours. No No I do not when there are no playgrounds, sporting facilities and picnic facilities. They could handle it better with communication and work on a support system for these small local community parks. There are parks where it is a destination for families to go play on the park facilities or have certain time slots that I understand the focus of the enforcement. I don't have enough information/experience to answer this question. I agree that there will always be bad players. There will need to be enforcement but ticketing wheelchair bound citizens who need to let their pets run like dogs are created to do should not be penalized. See above as concerns ball fields. School playgrounds probably have the same problem. Someone should be enforcing rules. No - I prefer the police focus on thefts, much more meaningful. Plus to my knowledge those getting tickets don't necessarily have dangerous dogs. I support if its a dangerous dog and a nuisance I have never encountered a problem on way or the other. No, there should be higher enforcement at Jason I think the priority needs to be discouraging inappropriate instances of dogs being off leash. Obviously the need for dogs to be leashed comes from a need to prevent dogs from doing things like using the bathroom in inappropriate places, harassing other residents, attacking other dogs, etc. But everyone also knows the likelihood of any given dog engaging in this type of behavior is largely dependent on that particular dog. I think enforcement of the requirement to leash dogs should start with a warning for a dog off leash that hasn't otherwise caused any issue (e.g., the dog is observed to be off leash when not allowed, but the dog hasn't done anything else problematic like harass residents, attack other dogs, etc.). However, I think the penalties should be much more significant if the dog is a "repeat offender" or has in some additional way caused problems beyond merely being off leash. 12 of 17 12 of 17 Page 27 of 268 Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Yes. I often frequent Jason park, and I rarely see issues with dog waste or unruly dogs. Yes I think it's too strict. No, I have lived one block from Jason Park for 6 years and have seen enforcement there (except for closing the park). Fencing the park to be used as a dog park would also not be a solution, as it would simply attract more dogs/owners (that are not well behaved - which is why they need a fence). Work with neighborhoods and campaign for responsible use of an off-leash area. Off-leash dogs in Englewood have caused problems for me multiple times when they’ve approached my dog. It can be frightening. Also, once I was bitten while jogging (without my dog) in Englewood. I worry about childrens’ safety, and traffic safety with loose dogs potentially running into the street. It seems to me Englewood is a place where many people are fortunate to have back yards where dogs can get together for play time. No Yes, it seems to be working. Not entirely sure what official policy is so hard to say if I agree with it. I've no experience with it See my comments above. The rights of dog owners should not overshadow the rights of those who choose not to own dogs. I don’t know what the level is Have not really seen much. ? It's the laws that need to change during this corona virus pause. Needs to be more strict, especially around playgrounds No - I don't think dogs should be allowed off-leash unless in a fenced area. It's problematic for other people with dogs and those afraid of dogs. The owners do a great job! No. I have never seen it enforced because no patrol is around during peak hours. They seem to only be around during mid-day. Yes Yes No. 13 of 17 13 of 17 Page 28 of 268 Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Anonymous user's Opinion Here's something that happened to me recently. I was walking by the park directly across from Englewood Police Dept. There was ONE man in the park, under a tree on the west side, reading. So I, being a "spirit of the law" type of person decided there was no danger to let my voice-controlled dog run and play some ball. Soon after, an animal control officer asked me to leave. I explained to him my reasoning. I'm sure you know how that turned out :) Arbitrary rules don't always apply. As more people and dogs move here, please understand that what used to work may not work now. Perhaps consider loosening up ... Should be more aggressive It seems adequate No there isn’t any. I live on a small park north of 285. There are off leash dogs here every day! I see code enforcement once every couple of months. 14 of 17 14 of 17 Page 29 of 268 CURRENT RESULTS 62 Total Responses REGISTERED VS NON-REGISTERED ALL RESPONDENTS Would more or less enforcement be appropriate? A More (43) B Less (19) A B Registered Voters (34)61.8% (21)38.2% (13) Non-Registered Voters (28)78.6% (22)21.4% (6) A B All respondents (62)69.0% (43)31.0% (19) Registered Voters in Input Now! | City of Englewood, CO (34)61.8% (21)38.2% (13) Live in Input Now! | City of Englewood, CO (57) - Self-reported 70.2% (40)29.8% (17) Subscribers to Input Now! | City of Englewood, CO (62)69.4% (43)30.6% (19) Register respondents from anywhere (36)61.0% (22)39.0% (14) 69% (43) 31% (19) 15 of 17 15 of 17 Page 30 of 268 CURRENT RESULTS 69 Total Responses REGISTERED VS NON-REGISTERED ALL RESPONDENTS Would you be in favor of licensing requirements for dogs within Englewood city limits? A Yes (41) B No (28) A B Registered Voters (40)57.5% (23)42.5% (17) Non-Registered Voters (29)62.1% (18)37.9% (11) A B All respondents (69)59.0% (41)41.0% (28) Registered Voters in Input Now! | City of Englewood, CO (40)57.5% (23)42.5% (17) Live in Input Now! | City of Englewood, CO (64) - Self-reported 59.4% (38)40.6% (26) Subscribers to Input Now! | City of Englewood, CO (69)59.4% (41)40.6% (28) Register respondents from anywhere (42)60.0% (25)40.0% (17) 59% (41) 41% (28) 16 of 17 16 of 17 Page 31 of 268 17 of 17 17 of 17 Page 32 of 268 Off Leash Dog Program July 20, 2020 Council Study Session Page 33 of 268 Parks with off-leash areas •Centennial Park –off leash privileges •Duncan Park –off leash privileges •Jason Park –off leash privileges •Northwest Greenbelt –off leash privileges •Canine Corral-fenced dog park Times dogs may be off leash: March 1-October 31 6-11am and 6-11pm November 1-end of February 6am-11pm Dogs must be on a leash at all other times. Page 34 of 268 Dog Parks in Denver Metropolitan Area Englewood Off Leash Parks Page 35 of 268 Park Design •Specific use-know the market and community: •What is the park being used for? •What does the surrounding community want? •Specific user group and engagement. •Sports Fields Users, Youth / Parents, Dog owners, Skate park users, Neighbors •Areas of consideration: •Safety and location of amenities (baseball field to parking lot, restroom to playground) •Size of park •Areas of mixed use (multiuse field, dogs off leash, events, open play, formalize play) •Areas of conflict (playgrounds/ picnic shelters and dogs ) Page 36 of 268 Multiuse field Small youth baseball field Playground Picnic Basketball Multiuse field Playground Picnic Basketball Jason Park Page 37 of 268 Centennial Park Page 38 of 268 Englewood Parks & Recreation Commission Off-Leash Sub Committee Page 39 of 268 The Off-Leash Sub Committee •Formed in October 2018 as a result of increased complaints from citizens about the off-leash dog park program •Met with three stakeholder groups from November 2018 to April 2019 •Englewood Code Enforcement •Englewood Unleashed •Pirate Youth Sports •In May 2020 met to review and discuss findings and determine recommendations Page 40 of 268 Our Findings •Englewood is one of the very few municipalities with off-leash dog parks/hours in metro areas across the country •Neighboring municipalities are bringing additional dogs into our parks •Dog use is damaging parks/turf, costing the city money •Dogs wandering off/getting lost. Costs the city money •Rising complaints and recent incidents reported of aggressive dogs •With the growing population in Englewood and surrounding communities, the off-leash dog park program is not sustainable as it currently operates Page 41 of 268 Our Reasoning •Find and recommend solutions that balance off-leash dog privileges with Englewood park usage •Prioritize the health and safety of Englewood’s children and families •Ensure Parks & Recreation Department is maximizing potential revenue Page 42 of 268 Our Recommendations •Off-leash dog privileges will be eliminated at Centennial, Jason and Duncan Parks. •The Northwest Greenbelt will remain an off-leash dog park, and we propose Emerson Park transitions to an off-leash dog park. •The Parks & Recreation Department will develop a comprehensive plan and secure funding for a new enclosed off-leash dog park at Cushing Park. •The Parks & Recreation Department will continue its “Take the Lead” campaign and create content around the off-leash dog park changes. •The Parks & Recreation Department will create new opportunities for Englewood residents to socialize. Page 43 of 268 Questions?Page 44 of 268 From: To:David Lewis Jr. Cc:Dave Lee Subject:7:30 am emerson park Date:Tuesday, January 22, 2019 7:31:40 AM Attachments:IMG_2020.JPG Hey there, This is a picture at 7:30am today at Emerson Park. People are driving here and telling others it is an off leash park. This is against the rules but nobody seems to care. Is there any enforcement? Is anything being done about this? Thank you!! Page 45 of 268 From:Dave Lee To:David Lewis Jr. Cc:Dave Lee; Dorothy Hargrove Subject:Aggressive Dog Complaint Date:Thursday, April 13, 2017 11:09:43 AM Attachments:image001.png Dave, I received another complaint about an aggressive dog at Canine Corral. reported that there have been a few incidences of aggressive dogs attacking other dogs in the park. One such dog is a red husky named . The dog owner is a white male and they frequent the park daily around the 1 – 2 pm time frame. number is if you need to speak to her. I’m not sure why all of these dog issues are cropping up all at once. Thanks for your help. Dave Lee Open Space Manager Department of Parks, Recreation and Library City of Englewood 303-762-2687 City of Englewood’s Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. Page 46 of 268 1 Debby Severa From:Englewood Unleashed <englewoodunleashedparks@gmail.com> Sent:Sunday, June 7, 2020 8:12 AM To:Dave Lee Subject:Aggressive dogs at Jason USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have  verified the sender and know that the content is legitimate.    Hey Dave,we have just recently been hearing a lot of reports of a guy that is bringing his two very aggressive dobermans  and allowing them off lease at Jason. His dogs have apparently attached on multiple occasions and in the most  recent incident, the attached dog required stitches. These instances don't seem to have deterred him from coming and  I'm extremely concerned that they could eventually go after a child considering the close proximity to the playground.  What proactive measures can we take in this situation? We have a detailed description of him along with the fact that  his dogs are unusual so I was thinking of hanging signs telling people to call non‐emergency if he is spotted. Is this a bad  idea? Is there something else we should do?       ‐‐   Thank you!     Englewood Unleashed  Englewood Unleashed Website  Follow Us on Facebook!    Page 47 of 268 From: To:David Lewis Jr.; Dave Lee; Subject:Bates Logan Park Date:Friday, May 26, 2017 10:36:30 AM Hi Daves, I am at Bates Logan on an outing with Craig Hospital patients. It looks like the dog poop factory exploded here, near the shelter we have picked five piles. I know this problem is impossible to fix, but beyond extra enforcement I do have one suggestion for Parks. Possibly a poop sack container near the shelter might help. Sad, but my guess is people are too lazy to walk 100 feet to either side of the park to retrieve one. Thanks for anything you can do. Sent from my iPhone Page 48 of 268 From:Dave Lee To: Cc:Jerrell Black; Debby Severa; Dave Lee Subject:Centennial Park Dog Complaint Date:Wednesday, October 3, 2012 8:30:21 AM Attachments:image001.jpg I received a complaint about dogs fighting, running through fisherman’s lines, disturbing fisherman and pet waste at Centennial Park. The complainant’s name is ). Any follow-up that you can do is appreciated. Thanks, Dave Lee Open Space Manager Department of Parks & Recreation City of Englewood 303-762-2687 Page 49 of 268 From: To:Dave Lee Subject:Checking on dog park status Date:Wednesday, June 17, 2020 2:42:17 PM USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. Hi Dave, I am just checking in on the status of off leash dog parks in Englewood. There is a lot of discussion on Nextdoor, and I think a lot of false information. Also I would like to know the status of Englewood Unleashed. Thank you, Page 50 of 268 From:Dorothy Hargrove To: Cc:; Dave Lee; David Lewis Jr. Subject:Comments re: Canine Corral Date:Friday, July 6, 2018 3:28:44 PM Attachments:image001.png Dear , I received your comments about conditions at Canine Corral. Our parks staff is keenly aware that many dog owners do not clean up after their pets. We have tried additional signs to remind people to pick up after their pets but unfortunately have found that these have limited impact. We alerted one of our key community partners, “Englewood Unleashed.” that Canine Corral needs special attention. They perform periodic dog waste clean ups in our parks and help to educate park users about responsible dog ownership. While a closure might be difficult to enforce and would certainly inconvenience the many users who do take care of their pets, I will share your suggestion that we temporarily close Canine Corral with our Parks and Recreation Commission at their meeting next week. They may have additional ideas on how to address the problem. Thank you for sharing your concerns. Please feel free to contact me if you have additional suggestions. Kind regards, Dorothy Hargrove Director of Parks, Recreation and Library City of Englewood, CO 303-762-2553 Page 51 of 268 Page 52 of 268 DATE DESCRIPTION ACTION 1/22/2019 Complaint - Animal At Large Unable to Locate 1/22/2019 Complaint - Animal At Large Citizen Filed with Parks Department 1/23/2019 Animal Running At Large Warning 1/27/2019 Complaint - Animal At Large Unable to Locate 1/27/2019 Complaint - Animal At Large Citizen Filed with Parks Department 1/31/2019 Animal Running At Large Warning 2/22/2019 Complaint - Animal At Large Unable to Locate 2/22/2019 Animal Running At Large Warning 2/25/2019 Increased Patrol Warning 2/26/2019 Animal Running At Large Warning 3/1/2019 Dead Animal Impound / Removed 3/9/2019 Animal Running At Large Warning 3/15/2019 Animal Running At Large Warning 3/16/2019 Complaint - Animal At Large Unable to Locate 3/16/2019 Complaint - Animal At Large Citizen Filed with Parks Department 3/17/2019 Animal Running At Large Warning 3/18/2019 Complaint - Animal At Large Unable to Locate 3/19/2019 Complaint - Animal At Large Citizen Filed with Parks Department 3/19/2019 Animal Running At Large Warning 3/19/2010 Animal Running At Large Warning 3/21/2019 Complaint - Animal At Large Unable to Locate 3/22/2019 Complaint - Animal At Large Unable to Locate 3/22/2019 Complaint - Animal At Large Citizen Filed with Parks Department 3/22/2019 Animal Running At Large Warning 3/24/2019 Complaint - Animal At Large Unable to Locate 3/24/2019 Complaint - Animal At Large Citizen Filed with Parks Department 3/26/2019 Complaint - Animal At Large Unable to Locate 3/26/2019 Complaint - Animal At Large Citizen Filed with Parks Department 3/27/2019 Increased Patrol Dog at Large Summons 3/28/2019 Animal Running At Large Summons 3/27/2019 Increased Patrol Dog at Large Summons 4/3/2019 Complaint - Animal At Large Unable to Locate 4/3/2019 Complaint - Animal At Large Citizen Filed with Parks Department 4/4/2019 Animal Running At Large Warning 4/4/2019 Animal Running At Large Warning 4/4/2019 Animal Running At Large / Rabies Tag Warning 4/4/2019 Animal Running At Large / Rabies Tag Summons 4/6/2019 Complaint - Animal At Large Unable to Locate 4/6/2019 Complaint - Animal At Large Citizen Filed with Parks Department 4/9/2019 Complaint - Animal At Large Citizen Filed with Parks Department 4/9/2019 Complaint - Animal At Large Warning 4/12/2019 Complaint - Animal At Large Unable to Locate 4/12/2019 Complaint - Animal At Large Citizen Filed with Parks Department 4/14/2019 Animal Running At Large Warning 4/14/2019 Animal Running At Large / Rabies Tag Summons 4/14/2019 Increased Patrol Parking Ticket Page 53 of 268 4/14/2019 Increased Patrol Parking Ticket Page 54 of 268 Dog attack at Belleview Park Yesterday was my dog's 3rd birthday so I made time to take her to the park since I've been too busy for it recently. We hung out at the Englewood Canine Corral for a while, then started to walk around Belleview Park because she seemed bored of the Corral. I was regretting my choice slightly as I noticed how much more litter was strewn about the park than I remembered, but my dog was still enjoying it so I tried to do the same. We come to the top of a set of stairs and there's another dog there, off its leash. The owner is yelling at it to come and it's not listening. I'm assuming that it's probably a friendly dog that's not listening to its owner because it wants to say hello. Then he tells me I can't trust the dog. I'm trying to figure out what to do because his dog isn't listening to his calls and is blocking my path away from the situation. The dogs are sniffing each other and I think maybe it's alright and I can continue on. The owner's not running up to grab his dog, just standing there. Suddenly, I see the dog's hackles are raised to the max and it starts viciously attacking my dog. This dog is relentless and will not back off, even when my dog is trying to run away. I am trying to simultaneously intimidate the other dog into backing down and get my dog away but things are happening too fast. Eventually I get my dog away and picked up off the ground and the other dog goes running off into the park. It's the worst dog fight my dog has been in yet as far as duration and intensity. Fortunately after it was over I check her for any bleeding and there is none. I ask the owner, "Why isn't she on a leash?!" and his response is something along the lines of "Dude! I told you not to trust her!". I guess in his mind, telling me that his unleashed, aggressive, and poorly trained dog was going to try to maim my dog in a few seconds, gave me time to act. If that's the first thing you say to someone when your dog approaches their dog, you need to keep it on a leash at all times. Belleview Park isn't an off leash area anyway. I was unprepared for something like this to happen and I'm thankful things didn't turn out worse. I hope it's not a situation I find myself in again but in the future I will be keeping pepper spray or dog repellant handy on our walks. 6h ago · 20 neighborhoods in Crime & Safety Thank Reply 2 6 Page 55 of 268 , Englewood Area 3·5h ago So sorry this happened to you. Get your dog checked by a vet. This happened to my dog and although there was no bleeding, he had puncture wounds, a fracture and developed sepsis within hours. He could have died. I hope your dog will be ok. That’s no way to spend your birthday. Thank 2 , Englewood Area 2·5h ago So glad your dog is ok!! What a fool, that person will learn the hard way if sued for a maiming, knowing the dog can't be trusted. Common sense people, leash your dogs.... geeeeeeeeez. Thank 2 , Duncan Park·5h ago I am so sorry! There was a dog attack last night at Duncan Park. Two large aggressive dogs broke out of their backyard. They ran to Duncan Park, and one dog proceeded to attack another dog that was there with it's owner. The owner of the dog that was attacked, was able to pull the aggressor off of his dog, and hang on to him until the police arrived, which took quite awhile. In the meantime, the owner of the aggressive dog showed up at the park. The policeman arrived, and stated that he could not issue a citation because there wasn't any evidence that there were any injuries. The owner of the aggressive dog was allowed to put her dog in her car and drive away! There were a lot of children playing there, as well as elderly people walking their dogs, thank goodness it wasn't as serious as it could have been. I guess I don't understand why our parks have rules, but they can't be implemented. There were so many rules broken in both of these instances. Page 56 of 268 From:Dave Lee To:Dorothy Hargrove Cc:Dave Lee; Subject:Dog Parks - Nextdoor Englewood Date:Wednesday, August 23, 2017 6:49:34 AM Attachments:image001.jpg image002.png image003.jpg image004.jpg image005.jpg image006.jpg image007.png Dog parks, Jason park Attentional pet owners. Would you please, as you are busy socializing with other people, keep an ion your animals and pick up the waist. If you haven't noticed they have put a couple new signs up at Jason because people are not picking up their waist. I literally saw a man yesterday his dog was no more than 20 feet away, the dog did his business and the man walked right by it without picking it up. And when I said something he got upset. If you do not want to lose the privilege of Jason Park be a responsible pet owner and pick up after your animals otherwise the neighbors will once again start calling the police and they will shut down Jason. The reason why we have restricted hours during the summer is because PAT owners are not being responsible and they're letting your animals run free all over the park and on the playground where the kids play 23h ago · 25 neighborhoods in General Thank Reply 16 Thanks · 33 Replies , Duncan Park·22h ago why isn't englewood unleashed doing their regular cleaning? I'd be asking them Thank 1 Thank , Englewood Area 4·22h ago I HATE this park! It's the worst dog park I have ever been too! And I got to a lot of parks! I purposely drive much further to avoid it. People are so inconsiderate that other… See more Thank 1 Thank , Englewood Area 4·21h ago It is NOT their responsibility to clean up after irresponsible dog owners. Thank 3 Thanks , Englewood Area 4·21h ago The parks in Englewood are for everyone's enjoyment and we all support our local parks. I don't find it rude to ask a dog owner or walker to clean up behind their pet they bring to… See more Thank 4 Thanks Page 57 of 268 , Englewood Area 3·21h ago Thank you and Englewood Unleashed has more to do than pick up other peoples dog's poop. Besides, we all know the rules. It's really not that hard. I agree ,… See more Thank 4 Thanks Duncan Park·21h ago ENglewood UNleashed exists to 'maintain leash free areas in parks for dogs' they have ALWAYS had 'park poo pickup days'... the only things they DO are pick up poo and try to… See more Thank 2 Thanks , Englewood Area 4·19h ago @ YES his dogs ARE aggressive! I've talked to other owners who have said the same thing! The reason you don't encounter it is because when people see his dogs they either… See more Thank 2 Thanks , Englewood Heights·19h ago If you notice a pile that hasn't been picked up, grab a bag. I understand it's not your "responsibility" but it's the nice thing to do. You know - be the change... Socializing in… See more Thank 4 Thanks , Englewood Area 4·19h ago i do that all the time but i am not going to pick up everyone else's crap every time I am there. socializing is a great thing for people and dogs but if your dog is running all… See more Thank , Englewood Area 4·18h ago Hey , I'd like to pick up my waist, but it just keeps drooping. Probably because I like to eat. A lot. Haha! Kidding aside, I agree with you that picking up dog poop (i.e.… See more Thank 1 Thank , Englewood Area 3·18h ago , lol! Thank , Southwest Englewood·17h ago It's borderline whether this should be a different thread, but while we're on the topic of Jason Park, I wish people would quit using Rotolo Park as an off-leash dog park. Rotolo… See more Thank 2 Thanks Page 58 of 268 , Englewood Area 4·17h ago Englewood seems to be developing a problem with entitled dog owners. When I was a kid I could walk barefoot around Jason Park. Now I'm reluctant to walk there at all due to… See more Thank 3 Thanks , Englewood Area 3·17h ago Englewood has 5 off leash dog parks to use which is a lot for such a small city. I too wouldn't feel bad if we lost the one at Jason Park if having it there is causing issues. Thank , Englewood Area 3·16h ago I completely disagree with losing Jason Park as an off-leash park. I go there with my dog all the time and rarely see piles of poop. The park is good for people and dogs. Keep it,… See more Thank 2 Thanks , Englewood Area 4·15h ago New My dogs and I love Jason Park and have always enjoyed our time there! I have not noticed an excessive amount of poop, but when I see a poop, I pick it up, because it could just as… See more Thank 3 Thanks , Englewood Area 4·15h ago New Just because you don't see it doesn't mean they're not there. I watched a dog owner yesterday excuse me the day before right in front of me not pick up his own animals poop I… See more Thank 5 Thanks , Englewood Area 4·15h ago New Forget I even brought it up because everybody's missing the point. God bless each and everyone of you Thank 1 Thank , Grant St·13h ago New and , I couldn't agree more. We are SO lucky to have off leash city parks in Englewood. I have taken my dogs to Jason Park off and on since around 2005. It is one of the… See more Thank 3 Thanks Duncan Park·13h ago New They have 3 volunteers because of how they treat their volunteers. someone in my household Page 59 of 268 used to volunteer for them regularly, left with another volunteer because they both got… See more Thank , Grant St·13h ago New I really don't care about the why of how many volunteers they have. Not my business, and unless you yourself (not your roommates) have had direct personal experience you shouldn't… See more Thank 2 Thanks , Englewood Area 3·13h ago New , thank you for the excellent points! I don't encourage irresponsibility either by assuming that others should clean up after my dog, myself or anyone I'm responsible for. I… See more Thank 1 Thank , Grant St·12h ago New Hey , yes, I absolutely agree that the pass/fee could be a slippery slope. If that idea were to ever be considered, the agreements with the city would have to be very… See more Thank 1 Thank , Englewood Area 4·12h ago New I do take my dog over to Jason quite frequently. It does not take that much effort or time to pick up after our pets. My niece also has soccer practice there and games. It is… See more Thank 1 Thank , Englewood Area 3·12h ago New , I think the idea has merit! There are other states that charge a fee for their dog parks, but they also have really good lighting and are open 24/7. That's really nice for… See more Thank 1 Thank , Englewood Area 4·10h ago New No fees Thank , Englewood Area 4·10h ago New No fees Thank , Englewood Area 4·10h ago New Page 60 of 268 Bring your own bags in case. Part of being prepared Thank , Southwest Englewood·10h ago New Dog parks, Jason park Attentional pet owners. Would you please, as you are busy socializing with other people, keep an ion your animals and pick up the waist. If you haven't… See more Thank 1 Thank , Southwest Englewood·10h ago New I shared the post to my face book and this is the replys I got Thank 1 Thank , Englewood Area 3·10h ago New Thanks for the advice . It'll be really helpful in the future. Thank , Englewood·9h ago New Dear people, I was on the Board of Directors working with the city to keep Jason Park's off leash privilege, and secure a dedicated dog park (K9 corral). Please note, it is NOT the… See more Thank 1 Thank Englewood Area 3·9h ago New I hate to say this but there is the same problem with people not picking up poop at Harvard Gulch Park it doesn't just happen at off the leash dog parks! Also I have also… See more Dave Lee Open Space Manager Department of Parks, Recreation and Library City of Englewood 303-762-2687 City of Englewood’s Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. Page 61 of 268 From:Dave Lee To:Dave Lee Subject:Dog Poop Jason Park Date:Friday, June 30, 2017 2:26:16 PM Attachments:image001.png 6/30/17 Next Door Englewood Dog Poop Once again dog owners are not picking up after their animals. Too often over at Jason Park for instants, people are too busy socializing sitting on the picnic tables. You know who you are, letting your dog run all over the entire park and over by the playground and Not getting up to checking and picking up after your pet. If you notice there on time restrictions in the summer and that is directly related to dog owners allowing their animals to run all over the picnic areas and also not picking up after their pets. Jason park almost was closed two years ago because of the dog waste problem. Just think of the kids playing soccer or baseball on the grass. Not to mention poop carrying major diseases like salmonella and others and when it is left not bagged and exposed to the elements it quickly becomes a disease problem. Centennial lake is another one and even over at the canine corral. These places can be quickly and permanently shut now so how about we become an example and pick up after your pad. I promise you if dogs were coming in your front yard and pooping and the owners were not picking up and you found out you would be really upset so how about we do what is right Dave Lee Open Space Manager Department of Parks, Recreation and Library City of Englewood 303-762-2687 City of Englewood’s Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. Page 62 of 268 From:Linda Trujillo To:Dave Lee Cc:Debby Severa; Dave Parks; Joe Sack Subject:Dogs at Jason Park Date:Friday, June 17, 2011 12:24:02 PM Attachments:image002.jpg Dave, called regarding issues they encountered this morning while she was attending Dave Parks’ Start Smart Youth program with her son. She had a problem with a dog owner and observed several other incidents regarding dogs creating problems for park users. She asked if she could speak to you to get her comments on record and find out what can be done. She’s at Thanks, Linda Trujillo Department Assistant Department of Parks and Recreation City of Englewood 303-762-2685 ltrujillo@englewoodgov.org Page 63 of 268 From:Christian Contos To:" Cc:Jerrell Black; Gary Hultberg; Gary Condreay; Dave Lee; Jerry Barton; #Police (Code Enforcement); Webmaster Subject:Dogs in park playgrounds Date:Wednesday, May 13, 2009 11:53:44 AM Ms. , Thank you for your email regarding dogs in park playgrounds. I am responding to your email on behalf of both Englewood Code Enforcement/Animal Control and the Englewood Department of Parks & Recreation. I understand your concern with dogs in a playground when there are also children there, as well as the issue of dogs leaving waste in the playground. There are no laws that prevent dogs from being in a park playground. Current park rules, in the designated off-leash dog parks, dictate that dogs must be on a leash while in the playground, but dogs are not prohibited. Understandably, some dog owners also take their children to the parks and they would like to keep their children and dogs together. Current ordinances do require that dog waste in public areas be picked up immediately. Also, dogs must always be on leash when in any park that is not designated as an off-leash park. Finally, dogs that are aggressive are prohibited. Each of these violations is enforceable via a call to the Englewood Police Department at 303-761-7410. There are no plans to prohibit dogs in playgrounds. If you encounter one of these other violations, please contact the Englewood Police Department and we will assist you with your concerns. Current off-leash parks in Englewood are: q Jason Park, 4299 S. Jason q Centennial Park, 4630 S. Decatur q Northwest Greenbelt, 2600 blk S. Zuni to Raritan q Duncan park, 4880 S. Pennsylvania q Canine Corral, 4848 S. Windermere, west of Belleview Park Thank you for your email. I hope I have answered your questions. If you have any questions or concerns about Englewood’s parks, please contact the Department of Parks & Recreation at 303-762-2685. If you have any questions about animal control, please contact Englewood Police Code Enforcement at 303-761-7410. Sgt Christian Contos Englewood Police-Code Enforcement & Asst Emergency Mgt 3615 South Elati Street Englewood, Colorado 80110 office: 303-762-2379 email: ccontos@englewoodgov.org ________________________________________________________________________________________ Sent: Tuesday, May 12, 2009 1:28 PM To: WebmasterCity of Englewood Online Form (Comment Form) ANIMAL CONTROL:Animal Control Comment OTHER DETAIL:Dogs in playground areas. NAME: E-MAIL ADDRESS: QUESTION OR COMMENT : Please consider putting up signs at the children's playgrounds, specficially the Bellevew Park, with the airplane, and Duncan Park. People bring their dogs into the play area. They are going to the bathroom in the area the children play in and one woman was taking her German Sheperd up on the play set and slide and encouraged him to dig in the shredded bark. I said that the area was for children, not pets and she said, "well, I don't see any sign that says I can't bring my dog into this area." Please help! Pets in areas where children play is short of a health hazard. Thank you, Englewood resident Page 64 of 268 From:Dave Lee To:Dave Lee Cc:Dorothy Hargrove Subject:Duncan Dog Attack 8/16/18 Date:Friday, August 17, 2018 6:30:07 AM Attachments:image001.png Dog attack Duncan Park Just wanted to share what happened at Duncan Park yesterday. A young man, his three children, and Labrador, were enjoying a day at the park. The family kept their dog on leash. A young woman arrived with her large dog, she dropped the leash on her dog while she was doing something on her phone. The large dog ran to the picnic pavilion where the family was having lunch, and had tied their dog to the table. The large dog started attacking the Labrador, it was a vicious attack and the Labrador wasn't able to get away or protect itself from the other dog because it was tied up. The young woman wasn't strong enough to get her dog off of the Labrador, fortunately the young father was strong enough to pull the large dog off of his dog all the while the large dog was still trying to fight. It took both adults to get this dog away from the family and their dog. Fortunately, the Labrador sustained minor injuries, and the children weren't attacked by this dog! Please, if your dog has a tendency to attack others, keep them at home! There are many elderly people that walk their dogs there, this is a family park, and the outcome could have been so much worse. Dave Lee Open Space Manager City of Englewood 1000 Englewood Parkway Englewood, CO 80110 303-762-2687 Page 65 of 268 From:Dave Lee To:Dave Lee Subject:Duncan Park Date:Monday, April 15, 2019 2:45:29 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.jpg image008.jpg image009.jpg image010.jpg image011.jpg image012.jpg image013.jpg image014.jpg image015.jpg image016.jpg image017.jpg image018.jpg image019.jpg image020.png , Duncan Park 1 dogs not on leash @ Duncan Park we frequently walk our dogs around the park and are furious with those of you that don't have your pets on a leash! it's NOT a dog park!!! photos will be taken of the dogs and owners and animal control will be called! Their are many no leash dogs parks in the area so be responsible and take your dogs there! 22h ago · 23 neighborhoods in Crime & Safety Thank Reply 5 23 , Duncan Park·22h ago Uh it’s an off leash park for dogs. Page 66 of 268 8 Thanks , Duncan Park·22h ago Actually, Duncan is one of several Englewood designated as a park with off-leash privileges. Rules were once posted about dogs being under control and other things. Code Enforcement, and police if there is an attack, should be called. You can also report someone who does not pick up after their dog. See below. https://www.englewoodco.gov/parks-recreation-library/parks/canine-corral-and-parks-with-off-leash-areas 8 Thanks , Duncan Park·22h ago https://www.englewoodco.gov/parks-recreation-library/parks/canine-corral-and-parks-with-off-leash-areas Off-Leash Park areas: Centennial Park (4630 S. Decatur) Duncan Park (4880… See more 2 Thanks , Duncan Park·22h ago Check your info before threatening 5 Thanks Page 67 of 268 , Duncan Park·22h ago I thought that park is a voice control off leash allowed park. , Duncan Park·22h ago If you read the off leash rules it states that off leash hours are from 6-11am and 6-11pm. So check your information. It's a violation of municipal code 7-1A-3. And conveniently, a… See more 2 Thanks , Duncan Park·22h ago Re read the info you posted. It clearly states the times for off leash. My post was done within the time that dogs must be leashed , Duncan Park·22h ago Their are specific times that dogs must be leashed. Municipal code 7-1A-3 , Duncan Park·22h ago Read the time frames for off leash. Page 68 of 268 , Duncan Park·22h ago The Canine Corral is the only real dog park. Other parks, as stated, have off-leash privileges. If anyone says we have other dog parks, they are mistaken. I know the hours - I… See more 2 Thanks , Duncan Park·22h ago Gail in your original post you specified nothing about time frames 7 Thanks , Englewood Area 4·22h ago They are allowed to be off leash at Duncan 1 Thank , Duncan Park·22h ago Having loose dogs come at you and your dogs is just not something we should have to worry about. 1 Thank , Duncan Park·22h ago Only during certain times. Page 69 of 268 , Englewood Area 4·22h ago But you didn’t say that in the post. Also unless the dog is being aggressive they will tell you they have more pressing matters 4 Thanks , Englewood Area 4·21h ago I wonder did you say something to the dog owners while at the park or go straight to your rant here on ND, obviously thinking everyone will see your post? 5 Thanks , Duncan Park·20h ago They had signs posted showing it was an off leash dog park with hours. I wish they put them back. 2 Thanks , Grant St·19h ago Chill out ! Just walk your dogs one street over, problem solved. 4 Thanks Page 70 of 268 , Duncan Park·18h ago Actually, it is and always has been (since it was rebuilt), a dog park. For better or for worse. , Duncan Park·18h ago I get more irritated with people having parties at the park, parking on the resident side of the street (party or no party on this one), not cleaning up after themselves, and… See more 2 Thanks , Grant St·17h ago Take a picture of me and I’ll be smiling since it’s legal for me to be there. Maybe you can buy a nice frame for it. Find a new route to walk and stop harassing your neighbors. It… See more 5 Thanks , Duncan Park·16h ago Hahaha she reported an actual off leash dog park in crime and safety. Way to go you sound fun 4 Thanks , Duncan Park·7h ago Dave Lee Open Space Manager Page 71 of 268 From: To:David Lewis Jr. Cc:Dave Lee Subject:Emerson park Date:Tuesday, September 17, 2019 6:23:58 AM The off leash problem got better for a while but is now getting worse again, especially around 5:30-7pm. They are saying that code is not coming out since the neighbors who were complaining must have moved. Can you start having people check on this? Or should we start to call again? We know it can never be entirely fixed so we wanted to just see if it got to a reasonable point but now it’s back to 10-15 dogs off leash after work. Thank you! Page 72 of 268 >> Thanks for the kudos. We will continue to chip away at the issue. We also have an off-leash task committee looking into all aspects of the issue. >> >> Dave >> >> Sent from my iPhone >> >>> On Apr 6, 2019, at 12:37 PM, wrote: >>> >>> Hey guys!! >>> >>> I don’t want to jinx this but you have all done an awesome job although I realize it is still a wok in progress. >>> >>> I just drove by Emerson Park and, for the first time in a long time, there were children playing, mother’s with babies in the stroller smiling and happy...and some dogs on leashes. >>> >>> Everyone seemed to enjoy the use of the park which is the whole idea >>> >>> This would not have even begun to start happening without the help of all of you!! >>> >>> Much appreciated!! >>> >>> >>> Page 73 of 268 From: To:David Lewis Jr.; Dave Lee Subject:Emerson Park Date:Tuesday, May 9, 2017 1:08:50 PM Have you been checking? Guy with pit bull off leash was there and just left. Please help keep Park safe!! Sent from my iPhone Page 74 of 268 From:Dave Lee To: Cc:; Dave Lee; Dorothy Hargrove Subject:Emerson Park Dog Issues Date:Tuesday, April 11, 2017 1:46:38 PM Attachments:image003.png Your email was forwarded on to me regarding the off-leash dogs at Emerson Park. As you correctly noted, Emerson Park is not an off-leash park for dogs. I have contacted Englewood Code Enforcement officials and requested that they monitor the park for a period of time and make contact with those individuals who are allowing their dogs to be off-leash. If you can provide me with specific day and times that these individuals frequent the park, that would be greatly helpful for us. Also, if you can provide us descriptions of the dogs (breed, sex, color, etc), it may be helpful for the officers monitoring the park. Thanks for bringing this matter to our attention and thanks for your help. Dave Lee Open Space Manager Department of Parks, Recreation and Library City of Englewood 303-762-2687 City of Englewood’s Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. Page 75 of 268 From: To:David Lewis Jr. Cc:; David Lewis Jr.; Dave Lee Subject:Emerson park Date:Sunday, November 10, 2019 4:44:31 PM Hello, We just counted 10 off leash dogs at Emerson park at about 4:20-4:30pm today. It is worse then ever. Thank you. Page 76 of 268 From:David Lewis Jr. To:Tim Englert Cc:Dave Lee Subject:Emmerson Park Date:Tuesday, August 13, 2019 11:31:25 AM Attachments:image001.png image002.png Commander, Code received a couple of calls today regarding off leash dogs at Emerson Park. The property owners are asking for increased enforcement and expressed a frustration with the ongoing daily violations especially in the early evening. Code reemphasize to call the police non-emergency number for in progress animal calls so that someone could be dispatched. One property owner is angry that dog owners are being irresponsible and not picking up after their dogs. One property owner said he plans to contact council with this concern as they do not believe enforcement is strict enough. Regards, Dave Lewis Jr, Code Enforcement & Animal Welfare Supervisor City of Englewood | Police Department 3615 S Elati St, Englewood, CO 80110 englewoodco.gov | o: 303.762.2338 | Page 77 of 268 From:Dave Lee To: Cc:Dave Lee Subject:Englewood Off-leash Parks Date:Tuesday, March 28, 2017 9:22:14 AM Attachments:image002.png Hi , The reason that there are certain times for dogs to use the off-leash parks was due to people/dog conflicts. The Recreation Division schedules sports activities at those parks and through the years we have received many complaints about dogs interfering with soccer and other sporting events. City Council and the Englewood Parks & Recreation Commission recommended that we implement a time schedule so that pet owners and sports participants could share the off-leash parks without conflicts. Thanks for your comments. Dave Lee Open Space Manager Department of Parks, Recreation and Library City of Englewood 303-762-2687 City of Englewood’s Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. Page 78 of 268 From:Dorothy Hargrove To:Eric Keck; John Collins Cc:Dave Lee Subject:FW: Centennial Dog Park Off Lease Concerns/Animal Control Date:Monday, November 14, 2016 4:34:33 PM Attachments:image001.png I’ll check with Dave to see if we’ve received any comments or have recorded incidents at this location. The Parks and Recreation Master Plan recommends a citizen’s committee to address all of our policies on dogs. Included in this committee’s charge would be a determination of possible investments in current parks to accommodate dog usage. We will provide an estimated cost of fencing for this area in the meantime. Dorothy Hargrove Director of Parks, Recreation and Library City of Englewood 1000 Englewood Parkway Englewood, CO 80110 303-762-2553 720-245-1680 (mobile) dhargrove@englewoodco.gov City of Englewood’s Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. From: Laurett Barrentine Sent: Monday, November 14, 2016 3:23 PM To: Eric Keck <ekeck@Englewoodco.gov>; Joe Jefferson <JJefferson@Englewoodco.gov>; #City Council <CityCouncil2@Englewoodco.gov>; John Collins <jcollins@Englewoodco.gov>; Dorothy Hargrove <dhargrove@Englewoodco.gov> Cc: Subject: Centennial Dog Park Off Lease Concerns/Animal Control Eric, Chief Collins, Dorothy Hargrove, Please reference the two emails below for additional information. Fist, I would like to thank the Animal Control Officers who provided help. Their quick assistance may make the difference in the out come for this animal. Second, could you provide some accident information on this area for people and pets using this park. Lastly, please provide the costs of fencing in this area. I believe this might have been looked at previously. If not will it be addressed in the Parks Master Plan? Respectfully, Laurett Barrentine Englewood City Council, Dist 3 ____________________________________________________ , It is terrible to experience any harm coming to an animal that could have been avoided. Hopefully the dog will be o.k., I appreciate your contacting Animal Control to help with the situation and get the dog treatment as soon as possible. Thank you for forwarding this issue on to me. I will send this to the appropriate departments to get some feedback on these concerns and possible solutions. Sincerely, Laurett Barrentine Page 79 of 268 Englewood City Council, Dist 3 From: Sent: Monday, November 14, 2016 1:46 PM To: Subject: Centennial Park Hello Councilwoman Barrentine, I am not a resident of Englewood, but I visit Centennial Park with my dog daily. I love the open space, friendly neighbors, and off-leash hours. But I have noticed that the section of park that runs along Union can be very dangerous for dogs. I understand that off-leash dogs are expected to be under control in order to use the park, but even the best-behaved dog (including my own sometimes) can't resist chasing a rabbit or squirrel across the busy street. In addition to being a busy street the park is close to an industrial area, which means that many large trucks use the road. These bigger trucks have a difficult time stopping quickly. I have seen many, many close calls over the years but today I saw a dog get hit and sustain serious injuries. The owner said that her dog is normally great off-leash but must have seen a critter on the other side of Union. That horrific experience got me thinking that a fence along Union could prevent future incidents and make the park a safer place for dogs. Thank you, PS- I'd like to thank Englewood Animal Control for responding to my call so quickly and helping us get the dog into her car and off to the vet today. Page 80 of 268 From:Lou Ellis To:Sue Carlton-Smith; Dave Lee Cc:Jerrell Black; Michael Flaherty; Frank Gryglewicz Subject:FW: Centennial off-leash dog issue Date:Tuesday, June 16, 2009 2:01:22 PM FYI... -----Original Message----- From: Lou Ellis Sent: Tuesday, June 16, 2009 11:56 AM To: ' Subject: Centennial off-leash dog issue Dear , At the end of the meeting several Council members thanked you both for bringing this issue forward. The minutes from last night's Council meeting will be posted on the City's website, after they are approved at the next City Council Meeting, July 6th. Council has, tentatively, scheduled the issue of off-leash dog parks for the July 20th Study Session. City Council Study Sessions are held on the second floor of Civic Center in the Community Room and ususally begin at 6:00 p.m. During Study Sessions they usually do not take comments from the audience, but you are more than welcome to attend. As this is a tentative date, I will be in touch with you once the Agenda has been set, to confirm if they will or will not be holding the discussion on July 20th. That Agenda will be finalized on July 16th. Is there a phone number where I could reach you? Thanks, Lou -----Original Message----- From: Sent: Tuesday, June 16, 2009 7:57 AM To: Lou Ellis Subject: meeting Dear Lou, Thank you so much for treating and me so cordially last evening. Englewood is lucky to have you as city clerk. Was there any discussion of the leash rules in city parks? If easier for you, just tell me where to go on the city's website to learn "the rest of the story." Have a good day! Page 81 of 268 From:park reservations To:Dave Lee Cc:Jeff Jones Subject:FW: Centennial Park Date:Monday, April 2, 2018 9:28:11 AM Dave, can you follow up with Ms. Thank you. -----Original Message----- From: Sent: Wednesday, March 21, 2018 11:39 AM To: park reservations <parkreservations@Englewoodco.gov> Subject: Centennial Park Hello, I’m hoping by sending this email that some sort of action can be done to better monitor the off leash dog situation at Centennial Park. There are specific dates and times posted as to when you can have your dog off leash, which nobody follows and nobody enforces either... so why even have them posted? Might as well take them down. Second, the rule for having your dog off leash is that they need to be under voice control. I can tell you that 98% of the dogs that go over there, are far from being under control. I have seen dogs running across the streets, with owners screaming for them to come back and the dogs continue to run away from them, crossing the busy streets, and terrorizing the dogs that live across from the park. The owners have to run and go get them. I’m also am not really sure why it’s an off leash area considering that Union and Decatur are heavy with traffic. So if they are not going to have dogs under voice control, they could also have a seriously injured dog. Second, there are baseball fields nearby as well as a playground. I have seen dogs run up to children and jumping around on them. When the parents ask the owner to call their dog because it’s scaring children, some owners make little to no effort in doing so, or once again, they definitely are NOT under voice control and do not listen to the owner whatsoever. This could also result in a dangerous situation for dog, child, parent, or owner. Third, I myself have one fearful dog that we are working on training to become better around people and dogs. Myself as well as other owners I have seen, attempt to bring our dogs there to help train them. I can only speak for myself here but I am very aware of the situation and make sure that I have my pup on a leash and further away from other dogs and people to avoid any bad situations. That being said, I have encountered way to many awful owners. There have been a couple of dogs that will literally dart over to us, so I pick up my dog so there won’t be a fight, and I ask the owners to please call their dogs. I usually get some snarky comment and the owner will ignore their dog and keep walking, I’ll get a half ass attempt of them calling their dog who doesn’t listen and continues to jump all over me while I have my dog freaking out in my arms, or no response at all. Once again, not under voice control. Now I’m sure this email will get ignored, or I’ll get a half response like last time about how you guys will try to monitor (I never saw anyone come to try to monitor anything), or it’ll just get laughed at and you’ll tell me it’s not your problem. For the sanity of myself and others, I really hope this will get taken more seriously. I never go out of my way to reach out like this, but this really is an issue. Regardless, thank you for your time. Have a great day. Page 82 of 268 From: To:Dave Lee Subject:FW: Comment Form Date:Wednesday, January 9, 2019 9:24:40 AM FYI From: info@englewoodgov.org <info@englewoodgov.org> Sent: Monday, January 7, 2019 4:54 AM To: #Webmaster <webmaster@englewoodco.gov> Subject: Comment Form A new entry to a form/survey has been submitted. Form Name:Comment Form Date & Time:01/07/2019 4:54 AM Response #:860 Submitter ID:13632 IP address:172.24.96.110 Time to complete:8 min. , 50 sec. Survey Details Page 1 Have a question or comment? We'd like to hear from you. Please submit your inquiry or comment on the form below. Emails are checked and responded to Monday-Friday 8 a.m.-5 p.m. If it is an emergency please call 9-1-1. If your item is not an emergency, but is time sensitive, please call the Police Department's non-emergency number 303-761-7410. I'd like to comment or inquire about: [×] Code Enforcement If other, please specify:Not answered Your Name: Email Address: Question or Comment: Unsafe situation at Duncan Park. Pitbulls running off leash near a playground full of small children. Three times at Duncan Park I have had off leash pitbulls approach my two small dogs I walk on leash. Was forced to use a taser the last time to scare the pit bull off. Please change the off leash rule at Duncan Park to leashes required for all dogs. Off leash rule at Duncan is asking for trouble. Pit bulls are in fashion due to tv shows and you are getting very unresponsible people running there pitbulls off leash. Thank you, City of Englewood, Colorado This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. Page 83 of 268 From:Alison Carney To:Dave Lee Subject:FW: Comment Form Date:Monday, February 5, 2018 12:31:11 PM From: info@englewoodgov.org [mailto:info@englewoodgov.org] Sent: Monday, February 5, 2018 11:56 AM To: #Webmaster <webmaster@englewoodco.gov> Subject: Comment Form A new entry to a form/survey has been submitted. Form Name:Comment Form Date & Time:02/05/2018 11:55 AM Response #:707 Submitter ID:9363 IP address:75.71.42.169 Time to complete:15 min. , 8 sec. Survey Details Page 1 Have a question or comment? We'd like to hear from you. Please submit your inquiry or comment on the form below. I'd like to comment or inquire about: [×] Animal Control If other, please specify:Not answered Your Name: Email Address: Question or Comment: This is directed at the article in the Englewood Citizen regarding asking the public to avoid dogs using Jason Park because of the condition of the park. There needs to be signs put up at the park regarding this request. The park is also used by people from Denver and Littleton. The park is in deplorable condition and has been for several months. Even in the summer overuse of the park makes it not fit for human use. This is the only off lease park that is surrounded by homes. The other parks mentioned are not directly surrounded by homes. This overuse has been a problem since the park was declared off leash. Thank you, City of Englewood, Colorado This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. Page 84 of 268 From:Webmaster To:Dave Lee Cc:Jerry Barton; Mark McKay; Sam Watson Subject:FW: Comment Form Date:Monday, February 25, 2013 11:26:08 AM Gentlemen – this comment came in via the website regarding dog issues at Centennial Park. I had forwarded it to Code Enforcement, but when I read the fine print I thought perhaps Parks needed to be aware of it too. I tried to respond to the sender, but got a bounceback so the email she gave us must be wrong. Leigh Ann Leigh Ann Hoffhines Englewood City Manager’s Office From: Webmaster Sent: Monday, February 25, 2013 10:40 AM To: Mark McKay Cc: Sam Watson Subject: FW: Comment Form Hi Mark – this note came in last week via the website. Would you mind responding? Thanks, Leigh Ann Leigh Ann Hoffhines Englewood City Manager’s Office Sent: Thursday, February 21, 2013 1:50 PM To: Webmaster City of Englewood Online Form (Comment Form) ANIMAL CONTROL:Animal Control Comment OTHER DETAIL:Centennial Park Off Leash Policy NAME: E-MAIL ADDRESS: QUESTION OR COMMENT : In the past year I have noticed quite a few problems brewing at Centennial Park caused by people who do not properly control their dogs. Last summer I witnessed people nearly coming to blows over their respective dogs. The experience at the park is very negative because you never know when a dog will jump up on you. Today I witnessed three men with 4 or 5 dogs off leash that were allowed to chase and harass migratory birds. There are over 65 species of birds that use that part at sometime of the year; irresponsible dog owners pose a risk to birds and other wildlife that use the park. Children in the area also need a place to play but dogs running at large interferes with children at play. I wish you would consider requiring all dogs to be restrained as in other parts of Arapahoe County. The current policy is negatively impacts use of that park. Page 85 of 268 From:David Lewis Jr. To: Subject:FW: Comment Form Date:Wednesday, January 9, 2019 12:53:44 PM Attachments:image001.jpg Dear Sir, In order to change the law you will need to reach out to the City Clerk on the procedures. City Staff do not have the authority to change leash laws. You may also contact the Park and Recreation Advisory Committee to provide feedback. The City of Englewood doesn’t have a breed specific ordinance and all citations are issued based on the animals individual behaviors or the behaviors of the owner. Should you find yourself in a dangerous situation I recommend you call 911 to get an officer or animal welfare officer to respond. Regards, Dave Lewis Jr Code Enforcement & Animal Welfare Supervisor Englewood Police Dept 3615 S. Elati Street Englewood, CO 80110 (303)762-2338 Direct (303)-762-2335 Code Enforcement Line dlewis@englewoodco.gov www.englewoodco.gov City of Englewood’s Mission: To Promote and ensure a high quality of Life, economic vitality, and a uniquely Desirable community identity. CONFIDENTIALITY NOTICE - The information contained in this e-mail and all attachments is CONFIDENTIAL and intended only for the addressee. If you receive this message in error, please destroy it immediately and notify the sender so that it may be redirected. Please be aware that dissemination, distribution, copying, or other use of this information by unauthorized personnel is strictly prohibited. From: Dave Lee Sent: Wednesday, January 9, 2019 11:39 AM To: Subject: RE: Comment Form This really should go to Code Enforcement. From: Sent: Wednesday, January 9, 2019 9:25 AM To: Dave Lee <dlee@Englewoodco.gov> Subject: FW: Comment Form FYI From: info@englewoodgov.org <info@englewoodgov.org> Sent: Monday, January 7, 2019 4:54 AM To: #Webmaster <webmaster@englewoodco.gov> Subject: Comment Form Page 86 of 268 From:Dorothy Hargrove To:Dave Lee Subject:FW: Dog attacks at Duncan Park Date:Wednesday, October 2, 2019 6:13:26 AM Attachments:image001.png image003.png FYI Dorothy Hargrove, Deputy City Manager City of Englewood | City Manager’s Office 1000 Englewood Parkway Englewood, CO 80110 englewoodco.gov | o: 303.762.2553 | c: 720.245-1680 From: Christa Graeve Sent: Tuesday, October 1, 2019 9:49 AM To: #City Council <CityCouncil2@Englewoodco.gov> Subject: FW: Dog attacks at Duncan Park From: Sent: Monday, September 30, 2019 2:45 PM To: #Council <council@englewoodco.gov> Subject: Dog attacks at Duncan Park I know that this is a subject that comes up pretty regularly. However, I am extremely concerned regarding two incidents with the same owner/dog. On May 15, 2019, two pitbull's got out of their backyard in the . They proceeded to run through my yard, into the park that was packed with families, elderly, and dog owners with their dogs enjoying the nice Spring evening. One of the dogs proceeded to violently attack another dog. It took several male adults to get the pitbull off of the other dog. While this was occurring, several people called 911, including me. In time, a police officer arrived, not a dog catcher. The owner of the pitbull showed up at the same time. The police officer allowed this owner to load her dog into her vehicle and take it back home, and the dog that got attacked was taken to the vet by it's owners to have it checked out. I sent an email to code enforcement asking why she was allowed to take the dog home. I received an email back stating that it was an open case, and could not be discussed. That's the last I heard anything on the May 15th attack. On September 26, the same dog ran to the park, while young children's soccer teams were there. It once again, viciously attacked a 7 month old puppy that was on leash. It took 3 adults to get the dog off of the puppy, and 911 was called again. This time, a dog catcher showed up. He told my friend , that he was taking the dog in, and there would be a hearing as well as some hefty fines. I literally thank God that no children or elderly people were attacked. I found out today from , that the owner of the repeat offender, got her dog back the night of the latest attack, based on the fact that she is claiming it is a service dog! I don't care if it's a service dog! It's has a history of running at large and being a vicious animal! Would any one of you please check into this? This dog and irresponsible owner, must be stopped, before something worse happens! Page 87 of 268 “Better to remain silent and be thought a fool than to speak out and remove all doubt.” Abraham Lincoln Page 88 of 268 From:Lindsay Peterson To:Dave Lee Subject:FW: Dog pop and dogs running wildly on our fields and owners can not control Date:Friday, September 13, 2019 4:59:04 PM Attachments:image001.png image003.png Hi Dave, Just an FYI from Pirate Youth Sports with their youth soccer practices at Duncan and off- leash dogs. Thanks, Lindsay Peterson, Open Space Activities Supervisor City of Englewood | Parks, Recreation & Library 1155 W. Oxford Ave Englewood, CO 80110 englewoodco.gov | o: 303.762.2697 From: Sent: Friday, September 13, 2019 4:40 PM To: Lindsay Peterson <lpeterson@Englewoodco.gov> Cc: Subject: Dog pop and dogs running wildly on our fields and owners can not control Lindsay, Last night we had many piles of dog pop on our field and dogs running wildly on our field while we are trying to practice and owners can not control them. One kid almost got taken out by 100lb dog. I was coaching and unable to address the owners, but if it happens again I will ask them nicely then start calling the police. Page 89 of 268 From:Lindsay Peterson To:Dave Lee Subject:FW: Dogs at duncan Date:Tuesday, March 26, 2019 9:43:23 AM Hi Dave, Here is the email from PYS Soccer regarding dogs at Duncan. They are at Duncan 3 days a week plus Saturday mornings. I know they have the same concerns at Jason Park. (Plus Cushing, Rotolo, and Bates which they know are not off-leash dog parks.) I will send you the memo later today as well. Thanks, Lindsay Peterson Open Space Activities Supervisor 303-762-2697 www.englewoodrec.org From: Sent: Thursday, March 21, 2019 5:28 PM To: Lindsay Peterson <lpeterson@Englewoodco.gov> Cc: Subject: Dogs at duncan Hey there. I just wanted to let you know, I just showed up and It is about 5:20pm. there are a few dogs running through our field. I will talk to owners next time I see them on field and then call code enforcement. To my knowledge, I thought this park was leashed until 6pm and then under Voice command. We have little kids trying to play with dogs running through their field. I just want to nip this I the rear first thing. Thanks for listening. It would be nice if code enforcement could drive by once and a while, if that is possible. Allen Page 90 of 268 From:Webmaster To:Dave Lee Cc:Jerrell Black; Gary Hultberg; Christian Contos; Gary Condreay Subject:FW: Dogs in playground areas Date:Tuesday, May 12, 2009 1:37:42 PM Hi Dave – This e-mail came in via the Web site. Would you mind responding to Thanks, Leigh Ann Leigh Ann Hoffhines Englewood City Manager's Office Sent: Tuesday, May 12, 2009 1:28 PM To: Webmaster City of Englewood Online Form (Comment Form) ANIMAL CONTROL:Animal Control Comment OTHER DETAIL:Dogs in playground areas. NAME: E-MAIL ADDRESS: QUESTION OR COMMENT : Please consider putting up signs at the children's playgrounds, specficially the Bellevew Park, with the airplane, and Duncan Park. People bring their dogs into the play area. They are going to the bathroom in the area the children play in and one woman was taking her German Sheperd up on the play set and slide and encouraged him to dig in the shredded bark. I said that the area was for children, not pets and she said, "well, I don't see any sign that says I can't bring my dog into this area." Please help! Pets in areas where children play is short of a health hazard. Thank you, Englewood resident Page 91 of 268 From:Dorothy Hargrove To: Cc:Dave Lee; Lindsay Peterson Subject:FW: Emerson Park question Date:Thursday, October 18, 2018 5:12:34 PM Attachments:image001.png All – Please see the original email and my reply below. Always lots of interests in our dog parks! Thanks, Dorothy From: Dorothy Hargrove Sent: Thursday, October 18, 2018 4:53 PM To: ' Subject: Emerson Park question Bryan, Community Development forwarded your question on to me as the Director of Parks and Recreation for the City. The original designation of which parks could have off-leash privileges was decided by City Council a few years ago and we don’t at this point have a procedure for adding more parks to the off-leash list. The Parks and Recreation Commission, which advises Council on issues concerning park regulations, has decided to take a closer look at the City’s off-leash parks. They have heard from a number of residents, some of whom would like to expand off-leash privileges and others who have requested that we eliminate off-leash dog parks altogether. It’s clearly an issue of interest to our community. The Commission has created a subcommittee to study and make recommendations to the larger group. I know they are considering how best to gather community feedback and will forward your email to them. I know that Emerson is a very popular spot for dog lovers and I hope we can address your request in the near future. Thank you for reaching out. Kind regards, Dorothy Hargrove Director of Parks, Recreation and Library City of Englewood, CO 303-762-2553 720-245-1680 (mobile) -----Original Message----- From: Sent: Wednesday, October 17, 2018 10:43 AM To: Community Development <commdev@Englewoodco.gov> Subject: Off leash park petition Hello, I’m a longtime Englewood citizen and would like to start a petition to change one of our local parks, Emerson Park, to an off leash designated park. There are numerous responsible pet owners that would appreciate and take advantage of the park. Can you send me information on the petition process or give me a call to talk through the process? Thank you, Page 92 of 268 Page 93 of 268 From:Dorothy Hargrove To:Dave Lee Subject:FW: Feedback for City of Englewood, CO Date:Tuesday, April 11, 2017 1:13:30 PM Attachments:image001.png Could you respond and let him know we’ll forward his request to Code Enforcement to add Emerson to their regular visits? Hard to promise anything. I’ll check with Chris Shaw on the sign project… Thanks, Dorothy Hargrove Director – Parks, Recreation and Library Services City of Englewood 1155 West Oxford Avenue Englewood, CO 80110 303-762-2553 720-245-1680 (mobile) From: Alison Carney Sent: Monday, April 10, 2017 8:50 PM To: Dorothy Hargrove <dhargrove@Englewoodco.gov> Subject: Fwd: Feedback for City of Englewood, CO Sent from my iPhone Begin forwarded message: From: "City of Englewood, CO" <info@englewoodgov.org> Date: April 10, 2017 at 8:01:54 PM MDT To: "City of Englewood, CO" <webmaster@englewoodgov.org> Subject: Feedback for City of Englewood, CO Reply-To: You have received this feedback from for the following page: http://www.englewoodgov.org/inside-city-hall/city-departments/police- department The park at 2900 South Emerson, Englewood, CO is a beautiful park but is becoming dangerous. I go there with my dogs who are on a leash. There are large aggressive dogs, some are pit bulls, that are scaring and attacking other dogs. The owners do not respect the rules which are on the sign which says the dogs must be on a leash. I saw recent incidents of dogs being attacked or scared. This is a recipe for disaster. People drive there just to let their dogs go off leash but it is not an off leash park. Can you please help make this park safe and enforce the on leash rules. I am getting worried about taking my dogs near there and that is very sad. Can you please help? Page 94 of 268 From:Dorothy Hargrove To:David Lewis Jr.; Dave Lee Subject:FW: Feedback for City of Englewood, CO Date:Monday, June 19, 2017 9:38:38 AM Attachments:image001.png The original email. Dorothy Hargrove Director – Parks, Recreation and Library Services City of Englewood 1155 West Oxford Avenue Englewood, CO 80110 303-762-2553 720-245-1680 (mobile) From: Alison Carney Sent: Monday, June 19, 2017 6:10 AM To: Dorothy Hargrove <dhargrove@Englewoodco.gov> Subject: Fwd: Feedback for City of Englewood, CO Not sure who this goes to so I thought I'd start with you. Thanks! Sent from my iPhone Begin forwarded message: From: "City of Englewood, CO" <info@englewoodgov.org> Date: June 18, 2017 at 9:40:45 PM MDT To: "City of Englewood, CO" <webmaster@englewoodgov.org> Subject: Feedback for City of Englewood, CO Reply-To: You have received this feedback from > for the following page: http://www.englewoodgov.org/inside-city-hall/city-departments/police- department/special-operations/code-enforcement/faq-code-enforcement Every time my girlfriend and I are walking our dog in Belleview Park, there is always at least one dog off leash. We had an encounter today having stand between our dog and a German Shepard. The owner was slowly jogging along sort of trying to get her dog back. When I tried talking to her about leash laws she ignored me. I restrained from escalating. Our entire encounter: Me "There are leash laws. Why isn't your dog on a leash?" no response "You're just going to walk by and ignore me?" "." was her reply. My question to you: How often is the park patrolled? And, what are the odds of having patrols increased? I'm new to Englewood but my girlfriend was born and raised here. Thank your for your time, and I look forward to hearing back from someone. Page 95 of 268 From:Alison Carney To:David Lewis Jr.; Dave Lee Subject:FW: Feedback for City of Englewood, Colorado Date:Monday, May 7, 2018 9:16:04 AM From: Englewood City Administrator [mailto:englewoodco@enotify.visioninternet.com] Sent: Monday, May 7, 2018 8:30 AM To: #Webmaster <webmaster@englewoodco.gov> Subject: Feedback for City of Englewood, Colorado You have received this feedback from for the following page: http://www.englewoodco.gov/inside-city-hall/city-departments/police-department- /community-relations- First I wanna thank you all for what you do. Every officer I’ve come in contact with it just in every day life has been just an awesome representative of the city. I didn’t know where to send this email but as I walk centennial lake this morning once again I see pet owners just walking and talking and not paying attention to their animals and animals leaving their waist on the ground and not being picked up. As someone who loves our parks and do not want to lose the privilege I would hope that there’s someway that you can put out in Inglewood notice to try and get people to pay attention before we lose the privilege of our open space with their animals Page 96 of 268 From:Sue Carlton-Smith To:Jerrell Black; Dave Lee; Debby Severa Subject:FW: Jason Park Confrontation Nov 1.- solutions Date:Friday, November 4, 2011 11:19:32 AM Fyi From: Leigh Ann Hoffhines On Behalf Of Council Sent: Friday, November 04, 2011 8:13 AM To: #City Council Subject: FW: Jason Park Confrontation Nov 1.- solutions FYI – follow-up to the previous message. Leigh Ann Leigh Ann Hoffhines Englewood City Manager's Office From: Sent: Friday, November 04, 2011 7:38 AM To: Subject: Re: Jason Park Confrontation Nov 1.- solutionsPlease forgive me, I meant CUSHING PARK. Today I spoke with . Some of you might remember her when her son played soccer and she was involved with Jason Park concerns. I work with her at . She corrected me on the name, and mentioned that the park is slightly sloped. I would love this park for Englewood Unleashed, but I believe you will get resistance from them. When talking to about solutions, she mentioned that they used to play at Sinclair Jr. High. But for some unknown reason, were not permitted to use the space at some time. The take-aways I am getting from these two conversations is that the Englewood Soccer Association is more committed to keeping 6 pieces of real estate, and not necessarily the Jason Park location. May I suggest that working relocating the group? I realize you may get resistance from ESA,but remember please, that Englewood Unleashed compromised with restricted hours at the four parks. Surely it works both ways? Taking away park access for either group will disparage one group while favoring the other. I don't have to remind you that parties from both sides make up your constituents. It will not be met with quiet compromise. While I am a member of Englewood Unleashed, I do not represent the group. would probably not be happy with me to learn I am talking to the "Soccer People." I think dialogue between the two groups broke down long ago. But we are not going to get anywhere with dog-bite accusations and doggy poo poo complaints. And we cannot just hope this problem goes away. I am not speaking about ALL sports teams, just this one that presented themselves to me as the most resentful for dogs at Jason Park. Thank you again. You are all excellent city servants who I know will do your best. On Fri, Nov 4, 2011 at 1:15 AM, wrote: Dear Mayor and City Council: This week I had a very unpleasant encounter with a soccer coach at Jason Park. I am writing to you because the animosity observed tells me that tempers may rise in the future to such a level as to get violent. In my situation, I walked away, as observed by Councilman Joe Jefferson. After what I observed and after speaking with Englewood Soccer President , I learned that the soccer organization has bred Page 97 of 268 nothing but contempt for the off-leash users. My confrontation is not the only one that has happened between dog owners and coaches. I have observed others and lost friends who have never returned. I foresee more to come, and possibly involve persons who won't get in their car and drive away like I did. But I offer a solution. On November 1st just after 6pm, The soccer coach gathered his team around him on the West end while I and my two small dogs walked along the outer boundary near the fence. He broke from his lecture to falsely accuse me of missing my dog's excrement. It was an obvious attempt to start a fight. In fact, I showed him that I was on my way to the trash with my dogs collection. We had words, but I don't recall using foul language - I won't say it didn't happen! It was very brief, with my walking away and getting my dogs away from the man. He carried on after me with more false accusations and terse rhetoric echoed by one of the soccer moms. I left the park amid cajoling and taunting to stay and argue with them by the parent and the pre- teen soccer players. They cheered as I drove away. Their behavior was childish and repugnant. The coach behaved like a bully. Following this, I wrote to the Englewood Soccer Organization regarding the coaches' behavior. And this was a lucky google-search, because I had no idea what organization plays at Jason Park. I had a conversation with , mostly pleasant although she wanted to argue the merits of the dog park. I took issue only with the coaches' behavior. As a coach, it is his duty is to uphold the honor and dignity of the profession. In all personal contacts with student athletes and the public, the coach should strive to set an example of the highest ethical and moral conduct. However, this coach taught the students how to bully a 5'4" woman with two 30#s Bichon Frises. He taught them that yelling and confronting people in a negative way is the way to share the park. I guarantee you, if I was an adult male with a German Shepard, he would not have been so abusive. I went home and threw up. I lost sleep because of this business. I ended my conversation with on a positive note. I believe we can work on a way to accommodate both the soccer organization and the off-leash dog owners. I suggested that the city can find another suitable park. She was open to the idea as she understands that Jason Park has some structural problems with the sprinkler system that create dangerous divots and holes that children can trip upon. So to my City Counsel I offer a SOLUTION. Forgive me if you have considered this, but I ask you to consider it again: Create another space for either organization and separate the two groups. I heard complaints. She states that the park is dangerous and a health hazard. I don't know why they continue to put their children in such danger, but she did say that the organization needs all SIX SOCCER PARKS to accommodate the age ranges of the players. So I suggested she take a look at Cummings cushing Park and speak to the counsel about it. Is it not practical to install the protective fence at the north end o Cummings Park and move the soccer goals from Jason Park? In considering Cummings Park for an off-leash dog area, the conditions would prove problematic as dog owners would have to traverse through two picnic areas to the grassy space. I can only speak for my dog when I say I'd never get him past the first dropped potato chip. However, there is a grassy stretch that can accommodate a soccer field on the north-east side. Again, I hope that no violence ensues in the future. But after what I witnessed, I see trouble ahead. I will do my best to avoid them and use the other parks that are suitable for small dogs - but not Canine Corral. It is not suitable for small dogs that want to live! Thank you for your time and consideration. Sincerely, -- Page 98 of 268 Englewood Homeowner & 3rd Generation Englewood resident Englewood, Colorado. -- Page 99 of 268 From:Joe Sack To:Dave Lee; Jerrell Black Subject:FW: Lax at Jason Date:Wednesday, May 6, 2015 11:30:49 AM Attachments:image.png image.jpg image.jpg image.jpg image007.png image008.png image009.png Comments for PYS LAX this past season at Jason. See below. Joe Sack, CPRP Recreation Services Manager City of Englewood Parks and Recreation 303-762-2682 Find us on From: Lindsay Peterson Sent: Tuesday, May 05, 2015 2:37 PM To: Jeff Jones; Joe Sack Subject: FW: Lax at Jason Hi Joe, In the list I sent you this morning, I forgot to add PYS Lacrosse had practice at Jason on Mon, Wed, & Fri in March & April. Below is some info from the PYS Lacrosse Director. Let me know if or what you want me to do with this info. Thanks, Lindsay Peterson Recreation Program Administrator City of Englewood Parks & Recreation 303-762-2697 Lpeterson@englewoodgov.org www.teamsideline.com/englewoodrec Englewoodrec.org Adult Sports Weather Line: 303-762-2598 x2 Field Conditions Weather Line: 303-762-2598 x3 Find us on & ! From: Page 100 of 268 Sent: Tuesday, May 05, 2015 10:38 AM To: Lindsay Peterson Subject: Re: Lax at Jason Some other agencies made comments about the dogs during the games. Some were up by the grounds and many times they do not clean up after their dogs. We have had kids step in poop. A few agencies complained about the evenness of the field going the opposite direction. However it was just a comment. Another group kind of complained about the parking but I truly did not respond because the dogs, the field, and the parking were out of my control. The most recent comment was when we were trying to host the end of season tournament at the highschool and the highschool was on board but they didn’t let us because some agencies didn’t think we had good enough fields. We have had our own parents complain about the dogs during practice because people were letting their dogs just run on the field and get the balls and get near the kids. went and talked to a couple of dog owners and asked them to stay on that side of the backstop but one man was pretty beligerant. That’s all I know! On 5/5/15, 10:01 AM, "Lindsay Peterson" <lpeterson@englewoodgov.org> wrote: Hi , I just wanted to touch base with you and see if there were any problems, issues, incidents, etc. with the dogs (or with anything) when you had lacrosse games at Jason Park. Weather it was Englewood teams or other agencies, did anyone have any comments they shared with you or the coaches about the dogs at Jason? If so, could you please email me what their comments were? Or if you didn’t hear anything, let me know that as well. Thanks for your help! Lindsay Peterson Recreation Program Administrator City of Englewood Parks & Recreation 303-762-2697 Lpeterson@englewoodgov.org www.teamsideline.com/englewoodrec <http://www.teamsideline.com/englewoodrec> Englewoodrec.org <http://www.englewoodrec.org/> Adult Sports Weather Line: 303-762-2598 x2 Field Conditions Weather Line: 303-762-2598 x3 Page 101 of 268 Find us on <http://facebook.com/PlayEnglewood> & <http://www.twitter.com/PlayEnglewood> ! This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com Page 102 of 268 From:park reservations To:Dave Lee Subject:FW: Off leash dog park? Date:Wednesday, December 27, 2017 10:41:28 AM Dave, I took a look at the park reservation email account in preparation for January's "go live" with pavilion reservations and found this inquiry. Will you please respond to . Thanks J2 -----Original Message----- From: Sent: Thursday, November 23, 2017 11:38 AM To: park reservations <parkreservations@Englewoodco.gov> Subject: Off leash dog park? Hi, just curious if Centennial Park is an off leash dog park? I’ve looked on the website and it says nothing about that. Today I got screamed at by a lady who had her 2 dogs off leash who charged my dogs and all I did was ask her to get her dogs away from mine as I didn’t want there to be a dog fight. I had my 2 dogs on leash and further away from the lake itself because almost everyone always has their dogs off leash and one of mine has a history of abuse and tends to be aggressive when someone is coming at his aggressively. If it’s not I would suggest monitoring the park more often? It’s right next to a road with no fencing so it would seem odd to have an off leash dog park next to two busy roads. And I’d love to not have my dogs attacked every time I go over there since it’s literally right across the street from my house. Thanks for your time. Page 103 of 268 From:Shawn Lewis To:David Lewis Jr.; Dave Lee Cc:Christina Underhill Subject:FW: Off leash Dogs and lack of enforcement Date:Monday, June 8, 2020 9:41:57 AM Dave (Lee), is this the incident you told me about over the weekend or different? J. Shawn Lewis, City Manager City of Englewood | City Manager’s Office 1000 Englewood Parkway Englewood, CO 80110 englewoodco.gov | o: 303.762.2312 | c: 303.358.4139 -----Original Message----- From: Sent: Sunday, June 7, 2020 5:12 PM To: Shawn Lewis <SLewis@englewoodco.gov> Subject: Re: Off leash Dogs and lack of enforcement USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. I wanted to follow up in regards to the email I sent back in December. The repeat offender who got a verbal warning after being caught red handed at Bates Logan with four off leash doberman’s continued to have his dogs off leash at the park on a near daily basis. A few days ago, one of this man’s dobermans viciously attacked a dog at Jason park and that incident required medical care. The lack of enforcement continues to be a safety issue. > On Dec 23, 2019, at 12:03 PM, Shawn Lewis <slewis@englewoodco.gov> wrote: > > Thank you for your e-mail. I'll talk to Code Manager Dave Lewis about > some proactive enforcement. As you know, we have code enforcement > issues of all types all over the City at any given time. That said, > what time of day is most common to see off-leash? \ > > J. Shawn Lewis, City Manager > City of Englewood | City Manager’s Office > 1000 Englewood Parkway Englewood, CO 80110 englewoodco.gov | o: > 303.762.2312 | c: 303.358.4139 > > > > -----Original Message----- > From: > Sent: Sunday, December 22, 2019 11:50 AM > To: Shawn Lewis <SLewis@englewoodco.gov> > Subject: Off leash Dogs and lack of enforcement > > Hi Shawn, > > I’m writing you today because I don’t know any other way to address this issue. There is an off leash dog problem at Bates Logan Park. Nine times out of ten if I got there, there is at least one dog off leash, today there Page 104 of 268 were nine. > > While I love dogs (I have two of my own) but I cannot walk safely through the park when there are dogs off leash due to the fact that both of my dogs are rescues and both had questionable pasts and both are leash reactive. They are good dogs but I can’t risk being approached by an off leash dog because if I do, I’m risking a fight. Since there is a leash law, I should be able to walk through the park, but I can’t because there are so many people who regularly ignore the law. > > I’ve tried talking directly to people with off leash dogs and they always tell me that they know about the law and it’s clear that they don’t care.I decided to stop trying to reason with people and simply call Animal Control instead. I have called animal control three times over the last week or two about off leash dogs at Bates Logan and the people I’ve called about are regulars, repeat offenders. They are there every single day. > > The first time animal control came just after the off leash dogs left. The second time no one came as far as I know (I was told by the dispatcher that I was the second person who had called). I called today and they arrived and gave a verbal warning to a man who was there with his four off leash Doberman pinchers, not ticket. He’s there every single day and is well aware of the leash law. I bet he’ll be back tomorrow. > > I’m wondering what we as citizens need to do to help with this problem. It doesn’t seem like anything we do, including calling works. It’s a constant issue and it’s a safety issue as well as a quality of life issue. Any ideas on why the leash laws can’t be enforced? > > Thanks, > > District 1 > > Page 105 of 268 From:Lindsay Peterson To:Dave Lee Subject:FW: Off leash dogs Date:Sunday, May 31, 2020 9:35:58 PM Attachments:image001.png image002.png Not sure if this needs to be passed along to Code or Parks & Rec Commission? I replied back to him with thanks for letting us know, we’ll continue to look into it, etc. Thanks, Lindsay Peterson, Open Space Activities Supervisor City of Englewood | Parks, Recreation & Library 1155 W. Oxford Ave Englewood, CO 80110 englewoodco.gov | o: 303.762.2697 From: Sent: Sunday, May 31, 2020 12:18 PM To: Lindsay Peterson <lpeterson@Englewoodco.gov> Subject: Off leash dogs USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. Hi Lindsay, I live across the street from centennial park. In the three years I've lived here, I can say I've seen 2 or 3 people with voice control of their dogs. Dogs off leash are usually in the range of 20 to literally 100 yards away from their owners. If the city is looking for revenue you won't be disappointed. Theres no shortage of violations here. The owners never even see where their dog poops when theyre that far away. Id love to see it become a leashed park since nobody has control of their dog(which is if particular concern with covid), but Id settle for some enforcement of the rules. Appreciate any help. A decent size park becomes pretty small when 3 or four people have dogs that far away. Not to mention nobody respects these times. · March 1 - October 31 • 6-11AM & 6-11PM · November 1 - February 28/29 • 6AM-11PM Thanks. Page 106 of 268 From:Dave Parks To:Bob Leonard; Joe Sack Cc:Dave Lee Subject:FW: t ball Date:Tuesday, June 12, 2012 10:28:17 AM Please see the message below regarding dogs at Jason Park during our tee ball program (M/W 5:30- 7:30pm). Isn’t there an agreement about their use of the park during our organized programs?? Dave Parks Program Administrator - Youth Sports City of Englewood 1155 W. Oxford Ave. Englewood, CO 80110 Phone - 303-762-2697 Fax - 303-762-2688 From: Sent: Tuesday, June 12, 2012 7:00 AM To: Dave Parks Subject: t ballHI Dave, I'm the mother of and , on the team, M&W nights. I'm having a few problems and hope you can help me. One of the problems is that my daughter, who turned 4 in March, is just not mature enough for the sport. I don't know if it is too much for her with other things we have going on this summer, or just a lack of interest--but she won't stay in practice & is really more disruptive than participatory. I am bringing the kids, along with my infant, alone all summer because my hubby is working on M&W nights. Is there any way I can get a refund for her registration and just pull her out--possibly leave her with a neighbor? I was so fried last night that I had serious thoughts about quitting, entirely! The other problem I have are the off-leash dogs. Is the park open to off-leash dogs during youth t-ball? Last year, I guess I noticed it but had someone there helping me with my kids and felt a bit more secure. Now it feels so unsafe to me. Last week, a strange dog came right up to my 7 week old--who was lying right next to me on a blanket. Later, I saw several men trying to corral this dog. Last night, a man was throwing balls against the brick picnic shelter wall with 2 dogs that were well-trained, but got into several scuffles and the man even had to tell children not to come near because the dogs "don't like children." I think the dog-kid situation is an accident waiting to happen. It will only take one bite, or attack and then--well, you know the nightmares that follow.... I don't know if you have any pull on this, or if the City of Englewood Police should help enforce a leash law when youth sports are held there?? Thanks for your time. I know you are a busy man and I appreciate your consideration! Page 107 of 268 From:Lindsay Peterson To:Dave Lee Subject:FW: Top post: Jason Park - Crazy Soccer Coach Date:Thursday, September 26, 2019 2:50:20 PM Attachments:image001.png image006.png image007.png image008.png image009.png Hi Dave, Looks like there was an incident with a dog and a PYS child at Jason Park last night. This is the same coach that had to leave Cushing Park after one practice due to the homeless population. Is there any movement or updates with the Parks & Recreation Commission and the off- leash task force? Something needs to change. Thanks, Lindsay Peterson, Open Space Activities Supervisor City of Englewood | Parks, Recreation & Library 1155 W. Oxford Ave Englewood, CO 80110 englewoodco.gov | o: 303.762.2697 From: Nextdoor Digest <no-reply@rs.email.nextdoor.com> Sent: Thursday, September 26, 2019 2:27 PM To: Lindsay Peterson <lpeterson@Englewoodco.gov> Subject: Top post: Jason Park - Hello to the great dog owners out there who walk their dogs at Jason Park. Truly, I am not against you. I am a dog owner myself and do love dogs. My goals is to share the park and be a good neighbor during offleash dog hours. I did call code enforcement on Wednesday 9/25, and here is why. A boy and father were harassed again and again this evening by an overly friendly dog. I believe the dog meant no harm, but unfortunately through the eyes of a 6 year old he felt helpless, with no escape and scared. His soccer ball was ruined, and the dog scratched him on the face. Where were the owners? No where to be found. This should infuriate all the good dog owners who are attentive to their dogs. I witnessed this same dog knock down and scratch the face of two other children two weeks earlier. My first hope was to have a conversation with the dog owners to see if we could get to a solution. They were not open to any kind of discussion to get on the same page. Even it were not their dog (it was their dog) a young boy was harmed tonight by a dog with absentee owners. I have players and siblings of players walking in and out of soccer practice who are very nervous around the dogs, even the very nice ones. So yes, I will escort them, and yes, I will shoo dogs away to help them feel more safe. If trying to help my soccer players and families feel safe makes me a crazy soccer coach then I will have to live up to that title. I appreciate the support I have already gotten from dog owners. I appreciate how 99.99% of you want to be great neighbors and share the park. It can't be 100% with this one absentee owner.....oh yeah, and that guy who threatened to punch me in the face last week when I shooed his dogs away from two of my players. I guess it is 99.98%. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ Nextdoor Englewood Area 4 Today's top poss Jason Park - Crazy Soccer Coach Englewood | Hello to the great dog owners out there who walk their dogs at Jason Park. Truly, I am not agains you. I... See more Page 108 of 268 19 18 Las reply 21 min ago Is Bellevue closed between Huron and Broadway , Southwes Englewood | I have seen more cars coming down Huron in the las 15 mins. Even an RTD bus. I'm not sure if it's... See more 2 3 Las reply 3 hr ago Fas Food , Englewood Area 3 | Went to McDonald's today. There is a who works there. He is awesome. He smiled... See more 4 0 15 hr ago Swamp Cooler Weatherization , Englewood Area 2 | I have been put in charge of getting this done this year so I guess I better get it fgured out!... See more 0 3 Las reply 1 hr ago Page 109 of 268 weeding/gardening Southwes Englewood | Hello! My name is and I am wondering if anyone would like any help around the garden? I... See more 1 2 Las reply 20 hr ago *** MISSING DOG *** Englewood Area 1 | Hi again! This is a better pic of my missing maltipoo. She’s a small white longish fufy haired maltese... See more 2 0 10 hr ago News & Info · Remodeling company · ISO moving boxes today! · Salsa for sale!!! Recommendations · Designer/Architect · Need move-out cleaning Monday · Apple airpods In the News · Englewood is Talk n' Trash Open House Reminder Replies · Found Parakeet Easman and Lincoln · Any thoughts are appreciated. · Advice for hiring a pet sitter. · Dog Rescue Meet Up - Firs Meeting 10/16 at 6:30 PM · Doggie nail trimming · DIRTY BROWN WATER · egg cartons Page 110 of 268 · Help w/cleaning out gutters · Brix Apartments · CITY COUNCIL DEBATES · Wayfair Ads in for Sale Section · LOST DOG · Cardboard · Package for Jermie · Plumbing · Small bathroom tile project · Englewood Home for Rent · Flooding im basement · Help Moving a washer and dryer · Licensed and bonded remodeling Real Esate $450,000 · 2 bds · 1.0 ba Open · Sat 10AM-12PM $2,885,000 · 5 bds · 5.0 ba Open · Oct 21 $600,000 · 2 bds · 3.0 ba Open · Oct 20 SPONSORED BY ~ REALTOR, SRES, MAT, Broker/Co-Owner at RE/MAX of Cherry Creek RE/MAX of Cherry Creek See more open houses See more open houses For Sale & Free See 6 more items See 6 more items Ofers Senior Discount Month Lakewood Veterinary Hospital 65 neighbors interesed Page 111 of 268 25% Of Home Laundry Concierge Wash, Dry, & Fold 22 neighbors interesed Free Diagnosic and Esimate 7 Days A Week 103 neighbors interesed See more ofers See more ofers Upcoming Events THIS WEEK · Englewood High School Homecoming · Sep 26 THIS WEEKEND · Free White Lotus Tantra Workshops · Sep 28 MORE EVENTS · Uneathering Antique Bottles · Sep 30 This message is intended for Unsubscribe here. Nextdoor, 875 Stevenson Street, Suite 700, San Francisco, CA 94103 Page 112 of 268 From:Lindsay Peterson To:Dave Lee Subject:FW: WebTrac Comments Concerning Duncan Park Date:Wednesday, October 2, 2019 2:20:57 PM Attachments:image001.png image003.png image005.png Hi Dave, This one is from a dog owner about kids soccer trash at Duncan. Thanks, Lindsay Peterson, Open Space Activities Supervisor City of Englewood | Parks, Recreation & Library 1155 W. Oxford Ave Englewood, CO 80110 englewoodco.gov | o: 303.762.2697 From: Lindsay Peterson Sent: Tuesday, October 1, 2019 9:04 AM To: Subject: RE: WebTrac Comments Concerning Duncan Park Hi , Thank you for your email and for bringing the excess trash at Duncan to our attention. I have reached out to all the user groups at all the fields and parks and reminded them to clean up after themselves and ensure the trash is in the trash cans before they leave. I’m also going to reach out to All Souls School since I know they frequent the park often due to their proximity to the park. I also want to thank you for your commitment to cleaning up dog waste at Duncan, I know that goes a long way for all the park users and is greatly appreciated. Thank you and let me know if there are any questions or anything you’d like to discuss further. I hope you enjoy your day! Lindsay Peterson, Open Space Activities Supervisor City of Englewood | Parks, Recreation & Library 1155 W. Oxford Ave Englewood, CO 80110 englewoodco.gov | o: 303.762.2697 From: Sent: Monday, September 30, 2019 7:23 PM To: ERC <ERC@Englewoodco.gov> Subject: WebTrac Comments This WebTrac customer has sent a message for your consideration: Name: Household ID: Please reply via: Email Email Address: Phone Number: Comments: Duncan Park has a lot of trash in the form of kid snack trash almost every morning after known soccer practices and games. It is disappointing that the dog clean ups aim to remove dog waste but soccer does not have something similar. I do my best to clean what I can while using the park in the morning and want to make a formal complaint against the soccer parents who could do better with making sure the children clean up. I???ve lived in the neighborhood for three years and notice this trend around soccer season, I hope this raises awareness. DO NOT REPLY TO THIS MESSAGE. This is an automated email sent to you by the Page 113 of 268 WebTrac system. Page 114 of 268 From:Dave Lee To:Dave Lee Subject:Jason Dog Attack June 2020 Date:Monday, June 8, 2020 6:00:22 AM Attachments:image001.png image002.jpg image003.jpg image004.png image005.png Southwest Englewood • 1 day ago · · Jason Park dog attack. My dog was attacked yesterday at Jason Park. As my dog turned to leave, this dog (Doberman) attacked him from behind. The night before a young man told me to be aware of those two Dobermans because they came after his dog. He believed they were being trained to attack. If you see him at any Park, be aware. This man is not allowed to be at Jason Park as I was told by Animal Control until he goes to court. I Page 115 of 268 have reported this information to the police.     Dave Lee, Open Space Manager City of Englewood | Parks, Recreation, Library and Golf 1000 Englewood Parkway Englewood, CO 80110 englewoodco.gov | o: 303.762.2687     Page 116 of 268 From:Dave Lee To:Dave Lee Subject:Off-leash Dog Complaint Date:Monday, February 4, 2013 8:37:14 AM Attachments:image001.jpg I received a voice mail complaint from a woman who didn’t leave her name or number this morning. She was complaining about dogs off leash in the park area outside of Canine Corral. She had a baby stroller and dogs were approaching the stroller off leash. She said something to the owner who gave her a smart reply. she asked us to enforce the leash laws. Dave Lee Open Space Manager Department of Parks & Recreation City of Englewood 303-762-2687 Page 117 of 268 From:David Lewis Jr. To:Alison Carney Cc:Dave Lee Subject:Re: Comment Form Date:Friday, April 6, 2018 4:16:44 PM Alison and Dave, We will do extra patrols as time allows. Dave Lewis Jr Code Enforcement Supervisor Englewood Police Dept 3615 S. Elati Street Englewood, CO 80110 (303)762-2338 Direct (303)-762-2335 Code Enforcement Line dlewis@englewoodco.gov www.englewoodco.gov On Apr 6, 2018, at 4:15 PM, Alison Carney <acarney@Englewoodco.gov> wrote: Hi guys, I’m not sure exactly which department this should go to. Thanks, Alison From: info@englewoodgov.org [mailto:info@englewoodgov.org] Sent: Friday, April 6, 2018 3:51 PM To: #Webmaster <webmaster@englewoodco.gov> Subject: Comment Form A new entry to a form/survey has been submitted. Form Name:Comment Form Date & Time:04/06/2018 3:50 PM Response #:735 Submitter ID:10513 IP address:170.188.5.33 Time to complete:2 min. , 20 sec. Survey Details Page 1 Have a question or comment? We'd like to hear from you. Page 118 of 268 Please submit your inquiry or comment on the form below. Emails are checked and responded to Monday-Friday 8 a.m.-5 p.m. If it is an emergency please call 9-1-1. If your item is not an emergency, but is time sensitive, please call the Police Department's non- emergency number 303-761-7410. I'd like to comment or inquire about: [×] Code Enforcement If other, please specify:Not answered Your Name: Email Address: Question or Comment: Emerson Park is used as a dog park and it has gotten to a point where there are always so many dogs running off leash that the owner's can't keep track of/don't care when their dog poops to pick it up. It is no longer a family park and the leash law needs to be enforced. If people don't pick up after their dogs and adhere to the leash laws, it ruins places for those of us that do. Thank you, City of Englewood, Colorado This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. Page 119 of 268 From: To:Dave Lee Subject:RE: Dog Complaint Date:Wednesday, December 27, 2017 2:16:12 PM A message was left with today, 12/27. FYI I will let you know if/when she calls back and any info I may get. From: Dave Lee Sent: Tuesday, December 26, 2017 4:16 PM To: Subject: Fwd: Dog Complaint - Dave Begin forwarded message: From: Eric Keck <ekeck@Englewoodco.gov> Date: December 23, 2017 at 8:38:17 AM MST To: Dave Lee <dlee@Englewoodco.gov> Subject: Re: Dog Complaint Thank you Sent from my iPhone On Dec 23, 2017, at 08:30, Dave Lee <dlee@Englewoodco.gov> wrote: Eric, I will give a call and what we can do for her. Thanks for passing this along to me. - Dave On Dec 22, 2017, at 9:11 PM, Eric Keck <ekeck@Englewoodco.gov> wrote: Dave: sent me a citizen complaint about off leash dogs at Centennial Park. Could you please call this woman and manage it? “FYI complaint about off leash signs at centennial park and request for Englewood unleashed to do more psa on rules from ” Thank you. Eric k Sent from my iPhone Page 120 of 268 From:David Lewis Jr. To: Subject:RE: Dog Issues at Emerson Park Date:Tuesday, April 11, 2017 2:00:21 PM Attachments:image001.jpg Dear , I am sorry to hear that you have encountered some less than responsible citizens. We have this park on our increased enforcement rotation. We have started the firsts phase with the educational component that consists of warnings and social media outreach. We will begin the enforcement phase shortly after. Typically a code enforcement official is on duty from 8am-4pm Mon-Sat. Should you feel unsafe in the future and would like an officer to come out as the incident is taking place I encourage you to call the police dispatch line at (303) 761-7410 to have a code enforcement/animal welfare call generated. Regards, Dave Lewis Jr Code Enforcement Supervisor Englewood Police Dept 3615 S. Elati Street Englewood, CO 80110 (303)762-2338 Direct (303)-762-2335 Code Enforcement Line dlewis@englewoodco.gov www.englewoodco.gov City of Englewood’s Mission: To Promote and ensure a high quality of Life, economic vitality, and a uniquely Desirable community identity. CONFIDENTIALITY NOTICE - The information contained in this e-mail and all attachments is CONFIDENTIAL and intended only for the addressee. If you receive this message in error, please destroy it immediately and notify the sender so that it may be redirected. Please be aware that dissemination, distribution, copying, or other use of this information by unauthorized personnel is strictly prohibited. From: "City of Englewood, CO" <info@englewoodgov.org> Date: April 10, 2017 at 8:01:54 PM MDT To: "City of Englewood, CO" <webmaster@englewoodgov.org> Subject: Feedback for City of Englewood, CO Reply-To: You have received this feedback from for the following page: http://www.englewoodgov.org/inside-city-hall/city-departments/police- department The park at 2900 South Emerson, Englewood, CO is a beautiful park but is becoming dangerous. I go there with my dogs who are on a leash. There are large aggressive dogs, some are pit bulls, that are scaring and attacking other dogs. The owners do not respect the rules which are on the sign which says the dogs must be on a leash. I saw recent incidents of dogs being attacked or scared. This is a recipe for disaster. People drive there just to let their dogs go off leash but it is not an off leash park. Can you please help make this park safe and enforce the on leash Page 121 of 268 rules. I am getting worried about taking my dogs near there and that is very sad. Can you please help? Page 122 of 268 From: To:Dave Lee Cc: Subject:Re: Dogs at Jason Park Date:Monday, June 20, 2011 8:59:40 AM Attachments:image002.jpg Dave, As you know Englewood Unleashed does not allow this either. We have actively pursued dog owners who let their dogs on the playing fields, with the youth athletic leagues. We try to let every dog owner know, that this is NEVER ALLOWED. That they must keep thier dogs on the East side of the park, when there is play/games in the West fields. Unfortunately, we are not always there, and their are people that do not read the "Rules Sign", or misinterpet them, just because dogs are allowed between 6 am and 11 am, etc. I would be happy to contact , and tell her about EU's active role in preventing this type of activity. We will do everything we can to help in this situation. I will follow up with you, after I speak to (hopefully today). Kind Regards, Englewood Unleashed From: Dave Lee <dlee@englewoodgov.org> To: Cc: "contactus@englewoodunleashed.org" <contactus@englewoodunleashed.org>; Jerrell Black <jblack@englewoodgov.org>; Joe Sack <jsack@englewoodgov.org>; Dave Parks <dparks@englewoodgov.org> Sent: Mon, June 20, 2011 7:31:10 AM Subject: FW: Dogs at Jason Park , FYI. I believe will be contacting city council regarding the incidents that she experienced at Jason Park. I was informed that dog owners are allowing their dogs to roam through the middle of youth athletic programs and stating they have every right to be there. Let me know if you have any questions. Dave From: Sent: Friday, June 17, 2011 12:24 PM Page 123 of 268 To: Dave Lee Cc: Debby Severa; Dave Parks; Joe Sack Subject: Dogs at Jason Park Dave, called regarding issues they encountered this morning while she was attending Dave Parks’ Start Smart Youth program with her son. She had a problem with a dog owner and observed several other incidents regarding dogs creating problems for park users. She asked if she could speak to you to get her comments on record and find out what can be done. She’s at . Thanks, Linda Trujillo Department Assistant Department of Parks and Recreation City of Englewood 303-762-2685 ltrujillo@englewoodgov.org Englewood Color Logo" width="127" height="93"> Page 124 of 268 From:kim love To:Dave Lee Cc:Kim Love Subject:Re: Dogs in playground areas Date:Thursday, May 14, 2009 9:17:00 AM Dave, Thank you for the information, with both comments & letters. This seems to be a isolated incident at Jason, as we work hard to make sure this doesn't happen in our presence. Like the Police, you can't be there 24/7 - therefore, once in a while someone who doesn't know the rules...breaks them. Would you also like us (EU) send these persons a e-mail, so we can reassure them that there is an organization that also cares about what they think ? Please send me a copy of your responses too? Thank you for your time, From: Dave Lee <dlee@englewoodgov.org> To: Sent: Wednesday, May 13, 2009 10:42:42 AM Subject: FW: Dogs in playground areas I am sending you a couple of complaints that I recently received. I will be providing a response and following up on both. I just wanted to keep you in the loop. Dave From: Webmaster Sent: Tuesday, May 12, 2009 1:38 PM To: Dave Lee Cc: Jerrell Black; Gary Hultberg; Christian Contos; Gary Condreay Subject: FW: Dogs in playground areas Hi Dave – This e-mail came in via the Web site. Would you mind responding to Page 125 of 268 Thanks, Leigh Ann Leigh Ann Hoffhines Englewood City Manager's Office Sent: Tuesday, May 12, 2009 1:28 PM To: Webmaster City of Englewood Online Form (Comment Form) ANIMAL CONTROL:Animal Control Comment OTHER DETAIL:Dogs in playground areas. NAME: E-MAIL ADDRESS: QUESTION OR COMMENT : Please consider putting up signs at the children's playgrounds, specficially the Bellevew Park, with the airplane, and Duncan Park. People bring their dogs into the play area. They are going to the bathroom in the area the children play in and one woman was taking her German Sheperd up on the play set and slide and encouraged him to dig in the shredded bark. I said that the area was for children, not pets and she said, "well, I don't see any sign that says I can't bring my dog into this area." Please help! Pets in areas where children play is short of a health hazard. Thank you, Englewood resident Page 126 of 268 From: To:Dave Lee Cc:David Lewis Jr.; Subject:Re: Emerson park Date:Wednesday, March 20, 2019 7:12:45 PM Super busy around 5:15-5:45pm....at least 7 dogs off leash...nor sure if they are not reading sign or if they think nobody checks after hours? Can Officer Lewis be permitted to check and drive by Emerson Park periodically between 5 and 6pm? That would make a huge difference! Thank you!! > On Mar 18, 2019, at 6:33 AM, Dave Lee <dlee@englewoodco.gov> wrote: > > Hi > > We have placed permanent signs at Emerson P{ark stating that the park is not an off-leash area. This should alleviate any confusion on the park users end. > > Dave > > -----Original Message----- > From: > Sent: Saturday, March 16, 2019 5:13 PM > To: Dave Lee <dlee@Englewoodco.gov>; David Lewis Jr. <DLewis@Englewoodco.gov>; > Subject: Emerson park > > Hello, > Any updates? We opened our garage at 3:30 pm today and a woman with blond hair with pink steaks had her pit bull run into our garage. This is not the first time. She seriously thinks it is an off leash park. > > Her dog was fine but that is not the point. > > Thank you. > Page 127 of 268 From:David Lewis Jr. To: Subject:RE: Hosana Sports Complex Date:Friday, February 28, 2020 10:25:57 AM Attachments:image001.png image003.png Dear , Thank you for bringing your concerns forward. I will forward them to the appropriate departments for review and action. Regards, Dave Lewis Jr, Code Enforcement & Animal Welfare Supervisor City of Englewood | Police Department 3615 S Elati St, Englewood, CO 80110 englewoodco.gov | o: 303.762.2338 | From: Sent: Friday, February 28, 2020 10:09 AM To: David Lewis Jr. <DLewis@Englewoodco.gov> Subject: Hosana Sports Complex Good morning David. I would like to know if you have seen or are aware of the conditions in the Hosana Sports Complex? Is is absolutely covered in dog excrement, construction slash from the score board construction in the September/October of 2019 and completely missed managed by the city of Englewood and its park employees. I have been a landscape contractor for 33 years. In January, mostly snow free, I walked the park with a fellow landscape contractor who I use a subcontractor from time to time. We both assessed than, it would be $110,000 to mitigate the feces from the park, temporarily closing all areas except the east west pedestrian trail, implementing new rules and regulations, and adding new trash disposal features, fencing, and pedestrian access geared towards the high school students. On the same walk, a civilian few a drone with 10 feet of my person. No signage indicates this is prohibited. From a legal stand point, with drone flights, were a personal injury to occur, the city is on the hook for damages. Overall, I am walking the park less, because it is rife with dog excrement, construction debris and trash in general. As the code enforcement supervisor, you and your city planner should visit Hosana Sports Complex and immediately address the public health risk. You may also want to fire the parks and recreation manager. Clearly him/her have no clue what to do or how to work. On the other hand, I do, but my service is not free. Viewing this daily for an extending period, losing my property to a rat infestation from a dentist who lied to the police about me and got away it, has inspired me to clean house and prepare to move on from this shit hole of a poorly run community. Best to you, Page 128 of 268 From:Dave Lee To: Cc:Dave Lee Subject:Recent Dog Incidents Date:Tuesday, May 5, 2015 11:24:02 AM Attachments:image002.jpg During the last several days I have been contacted twice regarding dog related issues in the parks. The first issue was from a woman who was bitten at Canine Corral and required emergency room treatment. Her dog was bitten as well. The second issue came from a woman who has a grandchild in a soccer program at Jason Park. Her concerns were around dogs running on to the soccer field and dog fecal matter on the ground. I know there are currently off-leash hours at Jason to help reduce dog/human conflicts. However, I am not sure the rules are being followed. I have some concerns that off-leash privileges could be taken away if the number of dog related issues continue to mount. I am asking for your help in getting the word out to our off-leash users regarding poop pickup and making sure that our canine friends follow the rules regarding the times of the day they can visit the park when games are scheduled. Also, if you have any other ideas or suggestions that may help regarding these issues, I would greatly appreciate hearing them. Thanks for your help. Dave Lee Open Space Manager Department of Parks & Recreation City of Englewood 303-762-2687 Page 129 of 268 Page 130 of 268 From:Lindsay Peterson To:Dave Lee Subject:Tball at Jason Date:Thursday, May 30, 2019 12:19:18 PM Attachments:Outlook-1496165371.png Hi Dave, Below are some comments and concerns from t-ball at Jason last night in regards to off- leash dogs. I gave them code enforcement and non-emergency numbers previously. Let me know your thoughts. Thanks, Lindsay Peterson Open Space Activities Supervisor 303-762-2697 www.englewoodrec.org From: Sent: Thursday, May 30, 2019 11:33 AM To: Cc: Lindsay Peterson <lpeterson@Englewoodco.gov>; @pirateyouthsports.com> Subject: Re: Lines at Jason Thank you for sending this over. Unfortunately, code enforcement quits at 5pm. This is frustrating to hear and scary for the kids safety. Lindsay, Please pass this on to your committee I spoke to and let them know this can not continue. Should we call 911 after 5pm to make a complaint? Or can you ask police to drive by a couple times from 5 to 7pm? I don't think we should wait for a child to get hurt before we do something. If you have the emails for all the members in that meeting, i would be happy to send these off to them. Please let me know if you have any questions. Thank you, Englewood, CO 80113 Insurance we offer: Medicare, Home, Auto, Umbrella, Life, Health, Dental, Page 131 of 268 Supplements, Disability, Commercial Liability, Workers Compensation---Call or emailfor a quote!!! This electronic message transmission, including any attachments, contains information from McGirl Insurance Inc. which may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify the sender immediately by a "reply to sender only" message and destroy all electronic and hard copies of the communication, including attachments. On Thu, May 30, 2019 at 11:23 AM > wrote: Lindsay, I dont know if you were at practice last night but the dogs are everywhere!! For the most part they clear the fields when we are playing, but after practice a bunch of kids played on the playground. There were dogs everywhere. One dog was jumping on the playground equipment including the bottom of the slide. Then daughter was running around and a dog jumped on her and knocked her over. I happened to be walking to shed and saw the whole thing. I yelled at the lady and said your dog is jumping all over kids. I hear her say to another person dont they know this is a dog park...I dont think the girl was hurt just scared, maybe a scratch. After practices a couple kids were throwing the ball still and a dog was chasing the ball. Just annoying stuff. I know nothing you can specifically do but at what point do we get code enforcement involved? Do we ask them to come at 5 and let people know they arent supposed to be there until 6 off leash? When I arrive at 5pm there are probably 20+ dogs there. They are not supposed to be there until 6pm off leash correct? Just thought I would let you guys know. I know I had to pick up a pile of poop from my field yesterday. Search 1,000's of Homes Instantly at Click Here to Like Us on Facebook Page 132 of 268 Council Member Stone's Off-Leash Park Survey 12 Resident/2 Non-Resident/9 Undetermined 17 Support Off-Leash/6 Against Off-Leash 1.Which park do you frequent most often? Jason 11 Duncan 3 Rotolo 2 Centennial 5 Greenbelt 1 Belleview 1 Other:Cherrelyn Comments: 2. About how many times per week? 1-2 times/week 2 3-4 times/week 4 5-7 times/week 11 Other:10-12 per week 14-25 times a week (twice a day, sometimes more) At least 3 times per day! 3. Do you visit only during designated off-leash times? Yes 18 No 3 Comments: 4. Would you visit during current off-leash times if we made it permissible? Yes 13 I walk to Rotolo Park and the green belt by that park. I avoid Jason Park because of all of the dogs. I even have a gate that is never used from my backyard into Jason Park that has a pad lock attached and a privacy fence put over it I visit Duncan Park most frequently. I know the majority of the neighbors that take their dogs there at this point and have never once seen a dog fight/attack take place at Duncan, nor have I encountered a rude owner. Last summer/fall when they were doing kids soccer at Duncan, I would go to Jason. We try to use the park during non off leash hours but it doesn’t seem to make much difference as many owners choose to ignore the rules and let their dogs run free at any hour Page 133 of 268 Council Member Stone's Off-Leash Park Survey No 1 Comments:I visit during both off- and non-off-leash times. 5. Have you ever visitied Canine Corrall? Yes 9 No 6 Comments Not aware of it If yes, how often: If no, why not? Yes. I have been to the Canine Corral - I liked it because they have a tap for dogs to drink water, I think the Canine Corral provides adequate space for dogs to run around if need to. I think the upkeep can be challenging due to so much use of the Canine Corral. No, I do not regularly go to Canine Corral. Duncan Park is within a few blocks of my home so is much more convenient, and I use this as part of my daily exercise routine. The paved pathway provides a safe walking area around the park, which is maintained year round (limited snow/ice buildup) so allows both me and my dog to exercise together safely year round. I usually do a couple laps while my dog runs around with me. A lot of neighbors use it this way, either walk or run around the park while their dog runs around off leash with them. No, but I have in the past. I have a shy and sometimes timid dog and I'm not a fan of the dogs there. Never been there we just got our dog and was introduced to this park by the foster family. Yes I've been to the canine Corral a number of times. This does not offer what I look for at all. It is a large number of animals cooped up in a pen forced to interact with bully dogs picking on other dogs frequently. There's also no grass there it is a muddy mess in the winter and the summer is way too hot. I'm looking for a place where I can go with my dog and sit and relax on a piece of grass walk around throw the ball Too hot, dusty, crowded, harder for this human to get exercise. I love Centennial because I can walk laps around the lake while my dog runs, chases balls, visits with her dog friends, sniffs around. Also, after many years of going there, I know people and feel that they are part of my community.Page 134 of 268 Council Member Stone's Off-Leash Park Survey Yes, I have -- a number of times, but I stopped going for the reasons in b. Instead, I work to get to Jason Street during the permitted hours, and go to Canine Coral as a default option since it is open for off leash at all park hours. N/A, but we had a couple of issues with the Corral. Since it's not grass, it gets dirty very quickly. Rain and snow create mud pools in the ground's depressions. Having to clean my dog every time she visited a mud pool became too time consuming. The park is also not patrolled by code enforcement. I've never once seed a code enforcement officer there. Sometimes people bring aggressive, unaltered dogs and they don't control them. In the past few months, this has actually gotten better. I think this is because people are holding those irresponsible owners accountable. Another reason I don't visit as often is because the agility course has been removed. That was a great asset to the park to help train and exercise dogs. Overall, the Corral is a great place with trees and safe spaces for dogs to run and play. Older residents and residents with special needs have a great place to exercise their dogs in a safe environment. I think if it had grass it would be even better. I never visit canine corral though I have in the past. My findings were that often there were more aggressive dogs there and owners were less apt to have them in control, often standing and talking instead of paying attention to their dog. After my dog was attacked a few times I quit going here though admittedly this happened awhile ago so no recent experience. When we first got our puppy in 2018, we visited 14-25 times a week for about a year. It's enclosed environment allowed us to safely work on her training (to come when called, not jump, etc.) without having to worry she would run away. I personally think this is the worst off-leash park in Englewood. I've taken my dog there before and I won't go back. I've found the owners that frequent that park are irresponsible, don't have control over their dogs (or don't care), and don't listen when you ask them to stop their dog from playing very rough, etc. I understand I'm generalizing and not everyone falls into the above, but I've given it numerous chances and each time leave either uncomfortable for my dog's safety (keep in mind he's a 65 pound Golden Retriever), or my own. Rarely. Centennial Park is more convenient for me because it is within walking distance.Page 135 of 268 Council Member Stone's Off-Leash Park Survey 6. Do you believe Canine Corral provides a reasonable community space and resources in exchange for the cost of it's upkeep? Yes 2 No Don’t know 2 Comments: I can't really comment on this point. I specifically purchased my home because of its proximity to an off leash park. I prefer not to have to get in the car and drive if I can avoid it. I believe the CC serves a purpose. The fenced in space allows for people who may not be able to run after or keep control of their dogs in an open fenced space. I believe CC is a very needed and used space. I don’t know what the cost of that space is, but it can’t be much. There is no grass to maintain and the weeds are cut down. It’s dirt and weeds. The only cost to me seems to be supplying poop bags and emptying the trash. 1. Not as big or open -- and not grass -- I have a sporting breed dog, and she needs to run off leash, have fun checking the squirrels out etc. She is on an e collar, and I've never had issues keeping her away from the road, the playground or the covered picnic area at Jason Street; 3. The mulch at Canine Coral seems hotter, drier and kind of dirty compared to any of the regular parks; 3. There is a different 'crowd' of dogs and people that go regularly to Canine Corral, including some smokers, and I find Jason is a better fit for me and my pup. Almost 10 years ago I took one of my dogs who was a puppy then to Canine Corral and wish I hadn't. The bark chips aren't a good surface to try and play on and worse then that the chips retain all the dogs urine and some of the feces which I think was responsible for my puppy having stomach issues for years afterword I've gone once or twice. My issue with a normal fenced in dog park is that most owners are lazy and just stand around while not watching their dogs (the issue I gather is happening at Jason Park). Dogs do not self- entertain and need to walk purposefully and that is really difficult to do if the fenced in dog park is small. We have tried to use canine corral but it seemed to have a lot of larger, aggressive dogs I like the idea of a fenced in park or a park for pets only The park is dirty and dusty or muddy if it has rained. I also will not go there because of all the dog fights I have witnessed over the years. I think Canine Corral is good for dogs that maybe would run if not in a fenced area. I was walking my dog past Canine Corral one day on the trail and some lady was taking her dog to Canine Corral but did not have the dog on a lease prior to entering the park, and her dog attacked my dog and the lady did nothing.Page 136 of 268 Council Member Stone's Off-Leash Park Survey I don't really know, since I haven't spent time there. 7. Would you support a plan to createa Parks Rangers Division for Englewood Parks? Yes 8 No 2 Not Sure 1 Comments: Yes, I would also support volunteer self-policing our group. I don't know since I'm not aware of the details on cost relative to other options. As I mentioned, as a default option, I still appreciate CC. I think the Canine Corral is fine, but it's not ideal for dogs and dog owners who want to walk off leash. Walking off leash provides dogs with mental stimulation, physical exercise, chances for socialization and opportunities for behavioral training. It is a little smaller and the mulch is functional, but grass is so much nicer for the dogs as well. I would support, but do not know how this would work unless they were onsite all the time. Possibly. Obviously it would be dependent on the cost and what community needs were being satisfied. No, don’t believe we need park rangers, there are way to many parks for that to be cost effective. What is the price of upkeep? Can’t answer because not sure what resources are provided and costs associated with it. See my answer above, again this is not what I'm looking for spend quality time with my dog it's made for dogs to socialize with each other not with their humans Yes, absolutely. The Corral can't possibly cost much to keep up. The fence is already in place; they use recycled Christmas trees collected by the city to spread over the play area. The water is turned off in winter and turned back on in spring. Everything is already there, so the only upkeep is simply supplying poop bags and emptying trash cans. I guess I'm not sure what this is referring to. I haven't been there in over a year so perhaps there's resources available that weren't previously there? Canine Corral is ok in the summer, but it can be very muddy throughout the winter/spring when we get snow or rain.Page 137 of 268 Council Member Stone's Off-Leash Park Survey I think I would, if they could help keep the parks (Centennial in particular) clean. I do not support creating a Park Rangers Division for If it keeps off-leash use available, yes. I would need more information but most likely, yes. Englewood Parks. That’s more cost to taxpayers and the off leash rules have never been enforced. I would would support a plan for enforcement of off leash times, owners being responsible, etc. What would this enforcement look like? No, I think this would an unnecessary added cost. We already have code enforecement in position. Let's use what's in place and improve it. I could support this if it is not to get to the extent of Denver. (Rangers waiting for you to throw your poop bag away to ticket you for not having a leash in hand for a matter of seconds) Not really. I say this because there are too many dog parks in Englewood and to keep people from picking up dog poop, being there during off leash hours, owners not having their pets under voice control is way too much for a Park Ranger. As I spoke to a gentleman two weeks ago, as this was going on...he also said, "people forget that dogs are dogs, even if you have them under voice command. If they see something, they will go after it no matter what, they are animals." I totally agree with him. He even said that his dog is under voice command, but some dogs were chasing him and his dog was scared and ran into the street, even though he was calling him. My dog has dog has done the same thing and he is under voice command as well. So, I honestly can't say this would help the situation. Maybe if we downsized to a few parks, then it may work, so the Park Ranger will have time to go to the parks. If that is what is needed -- I'm well aware that cost is always an issue, and this is something I would look to you and your colleagues to advise on (and the Parks and Recs Division). If your various input lead to this recommendation, yes, I would support it. I think it would end up being to much like code enforcement in that they become totally reactive instead of proactive and rarely are able to accomplish anything positive. I am not sure what the implications of this would be. What would the park rangers do? Would they be at the parks for oversight and that would allow for off leash hours still? If so, yes.Page 138 of 268 Council Member Stone's Off-Leash Park Survey 8. Would you support a minimal pet licensing fee to fund Park Rangers and park upkeep and upgrades? Yes 8 No 1 Not sure Comments: Or even a drop permit box at the park itself Yes and additionally I would be willing to pay for an annual pass to Centennial Park Again, if it allows residents to continue to use off-leash hours, yes. Yes - but I am curious about how this would be enforced. Yes, with reservations. Since we already pay taxes to keep up the parks, I think we need to revisit the budget and exactly how money is being spent. Once that has been done, then re-examine the date to determine if a pet licensing fee is necessary. These decisions and decision-making protocols need to be guided by sound data, not kneejerk reactions to one or two complaints. Efforts need to be collaborative and involve all community members and their varied interests. It can't just be one person's goal. I would like to know more information regarding the pet licensing fee. Would it be allocated from taxes or how would that be collected? What would the upkeep and upgrades be like? It would depend on the fee. I'm not thrilled that I would have to pay to take my dog to Jason Park or Canine Corral because other people can't pick up after their dogs. I have also been told, that they do confront a person about their dog poop and the person says to mind their own business. No, I do not support a pet licensing fee. People are not going to pay just for the privilege to allow their dogs off leash. If they do, it will probably only be about a quarter of the people will actually pay and get a license. It will cost the city more money to pay someone just to collect those fees. Again, someone will need to be posted on site at each park to enforce the rules which the either the city or fees will not cover. There are too many off leash parks with too many open hours to justify paying someone, it's not feasible. Again, please close and end the off leash privileges at Jason Park. I do not enjoy the constant nuisance barking of a 24 hours a day dog park located behind my house. I would fully support a pet licensing fee or better yet a Parks & Rec fee for using the off leash parks. I simple paw print added to a Rec card would show that dog owners have paid their dues. I feel a licensing fee would be harder to enforce.Page 139 of 268 Council Member Stone's Off-Leash Park Survey I don't know if maybe there could be volunteers that could donate time on the Park Ranger Division t Additonal comments:Separate sections for small dogs to keep them safe from big dogs is a good idea I'm not totally clear as to what part of the off leash issue the Park Rangers would solve. Not opposed to it, just unclear. Can you tell me more about the Park Ranger roles and responsibilities? As long as it is reasonable, I would support this. If it got out of hand financially or if the rangers went military on us I would want to move to a more relaxed location. Again, definitely! Us older residents have a limited number of safe places to go and I know people from Jason that this is their one and only outing and social contact. I would be in favor of an off leash fee to maintain off leash areas, let the owners that are so adamant about their “off leash rights” bear the expense of policing them Page 140 of 268 MINUTES City Council Regular Meeting Monday, July 6, 2020 Teleconferenced 5:30 PM 1 Call to Order The Special/Regular meeting of the Englewood City Council was called to order by Mayor Olson at 5:38 p.m. and held by teleconference. 2 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Olson. 3 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, Joined at 5:55 pm Council Member John Stone, Joined at 5:46 pm COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney McKenney Brown Deputy City Clerk McKinnon Deputy City Clerk Truscott Reed Director Power, Community Development Director D'Andrea, Public Works Director Sobota, Finance and Administration Deputy Director of Utilities Simon, Utilities Redevelopment Manager Poremba, Community Development Planning Manager Burkholder, Community Development Capital Projects and Engineering Manager Hoos, Public Works Construction Manager Main, Public Works Revenue and Tax Audit Supervisor Driscoll, Finance Network Administrator Hunnicutt, Information Technology Police Chief Collins, Police Department Deputy Chief Watson, Police Department Page 1 of 9 Draft Page 141 of 268 City Council Regular July 6, 2020 Police Sergeant Read, Police Department 4 Study Session Topic a) Police Chief John Collins was present with Deputy Cheif Sam Watson and Police Sergeant Chad Read to discuss the community report on policing in Englewood with a panel of speakers from the community including Organizing Director at Denver Alliance for Street Health Response Vinnie Cervantes, Assistant Professor/Law Enforcement Instructor Dr. Paul Taylor, Executive Director at Servicios De La Raza Rudy Gonzales, and District Attorney George Brauchler from the 18th Judicial District of Colorado. The meeting recessed at 7:29 p.m. for a break. The meeting reconvened at 7:34 p.m. with all Council Members present. 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of June 15, 2020. Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink APPROVAL OF THE MINUTES OF THE SPECIAL/REGULAR CITY COUNCIL MEETING OF JUNE 15, 2020. For Against Abstained Cheryl Wink (Seconded By) x Dave Cuesta x Joe Jefferson John Stone x Linda Olson x Othoniel Sierra (Moved By) x Rita Russell x Joe Anderson x 7 0 0 Motion CARRIED b) Minutes of the Special City Council Meeting of June 23, 2020. Moved by Council Member Othoniel Sierra Seconded by Council Member John Stone APPROVAL OF THE MINUTES OF THE SPECIAL EMERGENCY CITY COUNCIL MEETING OF JUNE 23, 2020. Page 2 of 9 Draft Page 142 of 268 City Council Regular July 6, 2020 For Against Abstained Cheryl Wink x Dave Cuesta x Joe Jefferson John Stone (Seconded By) x Linda Olson x Othoniel Sierra (Moved By) x Rita Russell x Joe Anderson x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition There were no Appointments, Communications, Proclamations, or Recognition. 7 Recognition of Scheduled Public Comment a) Elizabeth Murphy, an Englewood Resident, was scheduled address Council but was not present. b) Patricia Mitchell addressed Council regarding off-leash dog parks. c) Jilian Chavez addressed Council regarding a tattoo shop zoning variance. d) Sam Hussari, an Englewood Resident, addressed Council regarding a tattoo shop zoning variance. e) Poorvi and Ross Pfenning with Englewood Unleashed addressed Council regarding off-leash dog parks. f) Jake Gilbert, an Englewood Resident, addressed Council regarding off-leash dog parks. g) Alisa Osemwengie, an Englewood Resident, addressed Council regarding off- leash dog parks. h) Julie Tegan, an Englewood Resident, addressed Council regarding off-leash dog parks. i) Tracy Jones, an Englewood Resident, addressed Council regarding off-leash dog parks. j) Dean Kimplum, an Englewood Resident, addressed Council regarding off- leash dog parks. k) Martha Griego, an Englewood Resident, addressed Council regarding off-leash dog parks. l) Christina Segura, an Englewood Resident, addressed Council regarding off- Page 3 of 9 Draft Page 143 of 268 City Council Regular July 6, 2020 leash dog parks. m) Pamela Beets, an Englewood Resident, was scheduled address Council but was not present. 8 Recognition of Unscheduled Public Comment a) Lisa Harris, an Englewood Resident, addressed Council regarding Emerson Park. b) Barb Chumley, an Englewood Resident, addressed Council regarding stop signs and speed limits c) Jordon Storfa, an Englewood Resident, adressed Council regarding off-leash dogs at Emerson Park. d) Lorena Gaibor, and Englewood Resident, addressed Council regarding policing. Council Member Sierra responded to Public Comment. 9 Consent Agenda Items Council Member Russell removed Agenda Item 9(c)(i) from Consent Agenda. Moved by Council Member Wink, seconded by Council Member Stone to approve Consent Agenda Items 9(b)(i-ii) and 9(c)(ii). a) Approval of Ordinances on First Reading There were no Ordinances on First Reading. b) Approval of Ordinances on Second Reading. i) CB 23 - An ordinance to submit a ballot issue to electors, re: Lodging Tax ORDINANCE NO. 23, SERIES OF 2020 (COUNCIL BILL NO. 23, INTRODUCED BY COUNCIL MEMBER ANDERSON) AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NOVEMBER 3, 2020 GENERAL ELECTION A BALLOT ISSUE TO AUTHORIZE THE CITY OF ENGLEWOOD LODGING TAX TO BE INCREASED FROM 2% TO 5%, WITH THE RESULTING REVENUE TO BE USED TO FUND ANY LAWFUL GOVERNMENTAL PURPOSE DETERMINED BY THE CITY COUNCIL, AND WITH THE RESULTING TAX Page 4 of 9 Draft Page 144 of 268 City Council Regular July 6, 2020 REVENUE BEING ALLOWED TO BE COLLECTED AND SPENT NOTWITHSTANDING ANY LIMITATIONS PROVIDED BY LAW ii) CB 24 - Intergovernmental Agreement - RTD and City of Englewood ORDINANCE NO. 24, SERIES OF 2020 (COUNCIL BILL NO. 24, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR 2020 RTD FUNDING OF LOCAL TRANSPORTATION SERVICES WITH THE CITY OF ENGLEWOOD FOR THE ENGLEWOOD TROLLEY c) Resolutions and Motions i) Renew the Professional Services Agreement with Martin and Wood Water Consultants Inc. [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink Motion to approve a Professional Services Agreement with Martin and Wood Water Consultants Inc. in an amount not to exceed $300,000 for engineering services supporting the City’s water resources protection and future planning. For Against Abstained Cheryl Wink (Seconded By) x Dave Cuesta x Joe Jefferson John Stone x Linda Olson x Othoniel Sierra x Rita Russell (Moved By) x Joe Anderson x 7 0 0 Motion CARRIED. ii) Renew the Professional Services Agreement with Berg Hill Greenleaf & Ruscitti, LLP. Motion to approve a Professional Services Agreement with Berg Hill Greenleaf & Ruscitti, LLP (BHGR) in an amount not to exceed $400,000 Page 5 of 9 Draft Page 145 of 268 City Council Regular July 6, 2020 for legal representation as part of the City’s water resource management team. Moved by Council Member Cheryl Wink Seconded by Council Member John Stone Motion to approve Consent Agenda Items 9(b)(i ii) and 9(c)(i-ii). For Against Abstained Cheryl Wink (Moved By) x Dave Cuesta x Joe Jefferson John Stone (Seconded By) x Linda Olson x Othoniel Sierra x Rita Russell x Joe Anderson x 7 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading There were no Ordinances on First Reading. b) Approval of Ordinances on Second Reading i) CB 25 - Concerning the Creation and Organization of the Englewood Downtown Development Authority (DDA) Moved by Council Member Joe Anderson Seconded by Council Member Cheryl Wink ORDINANCE NO. 25, SERIES OF 2020 (COUNCIL BILL NO. 25, INTRODUCED BY COUNCIL MEMBER SIERRA) AN ORDINANCE CONCERNING THE CREATION AND ORGANIZATION OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY IN THE CITY OF ENGLEWOOD, COLORADO, DECLARING THE NECESSITY FOR AN ELECTION CONCERNING THE FORMATION OF SUCH AUTHORITY, PURSUANT Page 6 of 9 Draft Page 146 of 268 City Council Regular July 6, 2020 TO COLO. CONST. ART. X, SEC. 20 AND STATUTORY REVENUE LIMITATIONS FOR SUCH AUTHORITY, AUTHORIZING THE INCURRENCE OF OBLIGATIONS FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY BY THE CITY OF ENGLEWOOD, AND THE LEVYING OF AD VALOREM PROPERTY TAXES WITHIN THE BOUNDARIES OF THE PROPOSED ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY, DETERMINING ORGANIZATIONAL ASPECTS OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY BOARD, AND PROVIDING OTHER DETAILS RELATED THERETO. For Against Abstained Cheryl Wink (Seconded By) x Dave Cuesta x John Stone x Linda Olson x Othoniel Sierra x Rita Russell x Joe Anderson (Moved By) x 5 2 0 Motion CARRIED c) Resolutions and Motions i) Award of Contract to Chavez Construction, Inc. for Construction of the 2020 Mill and Overlay Project Moved by Council Member Joe Anderson Seconded by Council Member Othoniel Sierra Motion to approve a contract with Chavez Construction, for the 2020 Mill and Overlay Project, in the amount of $1,218,957.10 with allowance for a 10% contingency in the amount of $121,895.71. For Against Abstained Cheryl Wink x Dave Cuesta x John Stone x Linda Olson x Othoniel Sierra (Seconded By) x Rita Russell x Joe Anderson (Moved By) x 7 0 0 Motion CARRIED Page 7 of 9 Draft Page 147 of 268 City Council Regular July 6, 2020 The meeting recessed at 9:14 p.m. for a break. The meeting reconvened at 9:19 p.m. with 6 Council Members present. Council Member Wink was absent. Council Member Wink returned to the meeting from the break at 9:21 p.m. 12 Covid-19 Update 13 General Discussion a) Mayor's Choice i) City Council discussed mandating face masks. Discussion ensued. Moved by Council Member John Stone Seconded by Council Member Cheryl Wink Motion to direct City Manager Lewis, in accordance with Ordinance 10, Series 2020, to mandate masks to be worn in Englewood businesses, government offices, and public transit. The mandate will take effect Thursday, July 9, 2020. Discussion ensued. Moved by Council Member Joe Anderson Seconded by Council Member Linda Olson Motion to amend the implementation of this order from Thursday, July 9, 2020 to Friday, July 10, 2020 at 8 am. For Against Abstained Cheryl Wink x Dave Cuesta x John Stone x Linda Olson (Seconded By) x Othoniel Sierra x Rita Russell x Joe Anderson (Moved By) x 3 4 0 Motion DEFEATED. Moved by Council Member John Stone Seconded by Council Member Cheryl Wink Page 8 of 9 Draft Page 148 of 268 City Council Regular July 6, 2020 Motion to direct City Manager Lewis, in accordance with Ordinance 10, Series 2020, to mandate masks to be worn in Englewood businesses, government offices, and public transit. The mandate will take effect Thursday, July 9, 2020. For Against Abstained Cheryl Wink (Seconded By) x John Stone (Moved By) x Dave Cuesta x Linda Olson x Othoniel Sierra x Rita Russell x Joe Anderson x 4 3 0 Motion CARRIED. b) Council Members' Choice 14 City Manager’s Report 15 City Attorney’s Report 16 Adjournment Roll call was taken to adjourn the meeting - Seven Ayes. The meeting adjourned at 10:29 p.m. Deputy City Clerk Page 9 of 9 Draft Page 149 of 268 From:Steven Jenkins To:City Clerk Subject:Re: Sign-up to Speak for Public Comment Date:Sunday, July 19, 2020 5:20:14 PM USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. I have 5 minutes to speak, this is my speech (for the city council meeting, tomorrow night).. I'm a veteran of the United States Navy. I support my president, the police and I'm a lifetime member of the D.A.V. Fining or imprisoning 'free' American citizens for not complying with a mandatory mask mandate, is an infringement of our constitutional rights and our civil liberties. The CDC just admitted to adding pneumonia and influenza deaths with the covid-19 deaths and the covid numbers dropped significantly.. It's estimated to have dropped from around 54,000 to 11,000. Based on death certificate data, the percentage of deaths attributed to Pneumonia, Influenza or COVID-19 (PIC) decreased from a 9.0% (week 25) to a 5.9% (week 26) and was over reported by almost 90%. The estimated survival rating is hard for the experts to determine, but they estimate it to be about 98.5% (without a cure or vaccine). Safety, is already no longer a valid argument.. Most people don't wear a proper mask or wear their mask properly.. this should be just as big of a concern as not wearing one at all! If you are truly worried about safety and you are fining and imprisoning people for not wearing a face mask, you should be doing the same thing for people not wearing a proper mask (n95) and not wearing that proper mask, properly. Non- medical grade masks have not been proven effective against COVID-19 according to studies conducted by medical experts and the World Health Organization. Where is the scientific data that shows what type of cloth material or fabric works best against infectious disease? If people are more prone to contracting the China virus through touch (rather than breathing it in), why are people not being fined or arrested for not wearing gloves? Why are there no biohazard bins for the used masks, if the virus is so contagious and deadly? Muslim women, who have been forced to wear hijab over their faces for years, have had their faces covered.. yet, Muslim women are still contracting the virus? Is it because their cloth material or fabric, provides no medical benefits (just like the handkerchiefs that Americans are wearing)? Page 150 of 268 You know you live in a liberal state (Colorado) run by a power-hungry dictator (Jared Polis), when the same service used to alert citizens of a 'real emergency' or a missing child, was used to enforce a mandatory 'face mask' mandate.. despite previous statements from the Governor saying that he would not issue such an order. Now Colorado numbers.. Confirmed cases are still down nearly 40% from the first wave in March, this is happening while testing has significantly increased.. Despite a massive increase in COVID-19 testing, Colorado is doing very well compared to peak infections in April. Cases are down. Hospitalizations are down, Deaths are down.. yet, Governor Polis is bowing to political pressures and letting the mob rule Colorado's policies. I guess he has forgotten his campaign slogan 'A Colorado for all?' There are communities in Colorado that haven't had a single case (cases are predominantly in metro areas of the state, some counties have not reported a single case in weeks). The Governor seems to believe that those who make educated decisions for themselves are (in his words) 'selfish bastards." He has spent most of his time mask shaming people and developing 'one size fits nobody' orders while staying silent on riots and vandalism, leaving the Capitol in disrepair. Though we should maintain caution, we cannot let fear control us and the Governor still has not clearly laid out the metrics for success in combating COVID-19. On Wed, Jul 15, 2020, 9:58 AM City Clerk <CityClerk@englewoodco.gov> wrote: Good Morning, If you would like to sign-up to speak for public comment at the upcoming City Council meeting for Monday, July 20th, please visit  https://englewoodco.zoom.us/webinar/register/WN_ct8z_ytrR7WBEqw_AfA70A and register! Thank you, City Clerk’s Office City of Englewood 1000 Englewood Parkway Englewood, CO 80110 jreed@englewoodco.gov | o: 303.762.2430 m: 303.762.2318 City of Englewood’s Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. Page 151 of 268 Sender and receiver should be mindful that all of my incoming and outgoing e-mails may be subject to the Colorado Open Records Act. Page 152 of 268 From:Elizabeth Rardin To:City Clerk Subject:Remarks about Maintaining Off-Leash Dog Privileges Date:Monday, July 20, 2020 1:42:18 PM USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. Hello! I signed up too late and this speech is 4 minutes and 40 seconds when I timed it, so I wanted to send along the full unedited version before shortening it for tonight. Thank you so much for your consideration! Elizabeth My name is Elizabeth Murphy and I am a proud Englewood resident. My husband and I love Englewood very much and are so excited to raise our kids here. As we look for houses, we have decided to look strictly in Englewood, due in large part to Jason Park We have an 8 month old Goldendoodle and Jason Park has been a blessing. We were so impressed when we arrived at the park to see a thriving community of kind dog owners and friendly dogs. This park has been a source of comfort and connection to many for years and years and my husband and I feel so lucky to have recently found this community. It is one of the ways we have felt most connected to Englewood since moving here in 2017. When we found out that the off-leash privileges might end, we were heartbroken. Jason park is especially important to us because we live in Oxford Station Apartments, a large apartment building with no grass for dogs to play. Many dog owners live here because of the easy access to Jason Park. None of the other proposed options for off-leash are within walking distance of our building. Jason Park is large enough that dogs have space to run around and play. It is large enough that small dogs and large dogs can all have space to play safely. The fact that it is not fenced in means everyone watches their dog. I rarely see anyone even checking their phones while with their dogs at the park because people are so attentive to their dogs. I have seen people gently let others know "hey your dog is pooping!" and people respond positively with “Thanks!” and hurry over to pick it up. Our dog is only 8 months, yet she is so brave and well socialized thanks to the guidance of the dogs at this park. In 4 short months of going to the park, I have learned countless dog's names, owner's names and tricks for how to help your dog behave. I have learned about community events and connected with many Englewood residents. I can't even imagine the loss that this would be for those who have spent 15 years with the park as their source of exercise and connection. Although the sub-committee recommends that Englewood Parks Page 153 of 268 and Rec can sponsor other events to promote community, I personally know as a teacher, dog mom and soon to be human mom, I do not often have the bandwidth to attend community events, but since my dog needs exercise and socialization, I can make the dog park a priority and continue feeling connected to the community in a genuine way. I bring my dog to the park twice daily, during the specified hours and watch her closely to ensure I am cleaning up after her and she is following the rules. Everyone I have talked to at Jason Park is willing to compromise, to find a solution that works for pet owners, parents, sports teams and neighbors. People are willing to put up a fence between the playground and dog area, not come during sporting events, pay a fee for yearly usage, serve as ambassadors for the park. People are also willing to get off-leash certified and seem very interested in continued education so that the people and pets of Englewood can peacefully coexist. The willingness to try these measures shows the importance of Jason Park to the community. Based on the data provided in the Spring 2020 survey about off leash dogs and the Take the Lead proposal, getting rid of off-leash privileges at Duncan, Centennial and Jason would be premature. The survey conducted in the spring of 2020 had only 70 participants. My husband is in grad school and we know how difficult it is to get people to respond to surveys :) , but this is not representative of Englewood which has 34,690 residents. The respondents make up 0.2% of Englewood. The 2017-2018 edition of the AVMA (American Veterinary Medical Association) Pet Ownership and Demographics Sourcebook reported that 65% of households in CO have dogs! By allowing parks to have off leash dogs and families, Englewood is very appealing to young professionals looking to find a community to settle down in. Further, looking at the number of code violations from the Take the Lead Proposal in 2019 and 2020, there were very few code enforcement cases at Jason or Duncan. Instead of spending the money to develop new parks after closing the existing ones, why not try some of the measures recommended previously by the Off Leash Dog Sub Committee? I fully support the ideas suggested by Code Enforcement I read on the document, including dog licensing/ registering and tagging. The registration fees could help make up for the lost revenue of youth sports. The majority of households in CO own dogs and providing these spaces is a huge draw for Englewood. The majority of dog owners at Jason Park are respectful and conscientious and will work with the city to ensure that the park remains a safe and beautiful place for everyone. Thank you. Page 154 of 268 From:C.A. Dickerson To:Linda Olson; Rita Russell; Cheryl Wink; Dave Cuesta; Othoniel Sierra; John Stone; Joe Anderson; Shawn Lewis; City Clerk Subject:Off leash Public forum Are there not far more important issues for Parks and Rec? Date:Monday, July 20, 2020 5:25:28 PM USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. The memo issued by staff regarding “off leash” and dog parks, seems inaccurate at best, and the statements and time line submitted are not backed up with facts or valid statistics or even ordinances cited. It is driven by staff without rhyme nor reason, and unsupported by fact and history Example: 1. 2003 Bates/Logan off leash “privileges” revoked. In what way? Was there an ordinance GRANTING off leash “privileges”? I have lived for 23 years in direct line of sight to Bates/Logan and I never knew of any such “privilege”. Bates/Logan was always a place people played ball with their dogs and congregated and socialized, and obedience training was done there. 2. Most of Title 7 Chapter 1A-C, regarding animals, was revised in 2008, as a result of the Dangerous Dog task force recommendations, yet there is no mention of this task force, nor the ordinance. 3. “complaints of aggressive dogs”. The code is clear on “aggressive dogs” though it defines them as “at risk” and “dangerous”, both of which are “unlawful”, and such dogs if adjudicated such, have to be leashed at all times and if “dangerous” have to wear a muzzle in public. Is CE enforcing and ticketing aggressive dogs? To my knowledge, they are not. The only tickets I know about have been dismissed for lack of evidence and one of the dogs ticketed was a year old friendly puppy confined behind a fence. An actual aggressive dog, a pit bull, twice escaped his yard and attacked dogs on leash at Duncan, yet the owner was never ticketed and twice park goers restrained the dog but police released back to the owner…..as did CE the 2nd time, despite complaints and followup by concerned citizens. Seems the problem is reasonable enforcement of reasonable ordinances, not aggressive dogs, or dog parks or off leash hours. Note: Title 7 Chapter1 is divided between dogs and cats and animals in general. The definition of animals in the code, excludes dogs and cats, yet the signs say All ANIMALS must be on leash and cites a code that says Dogs and cats cannot be at large. The definition of “at Large” under animals in general says at large is off the owner’s premises without the owner’s presence. The contention that “dogs” hurt the parks and turf is specious at best. The mowers and the Denver parties and Denver sports tear up the grounds. I’ve seen CE and police and party goers tear up and leave major ruts by running their vehicles over the ball field, not to mention the drivers of park equipment horsing around, scalping the grass, running over sprinkler heads and aluminum cans. There are far more problems with this memo driven by staff that completely negate their conclusions There is no valid reason for fenced dog parks or restrictions preventing people from interacting with and playing ball with their dogs in the park. Code is clear-misbehaving dogs have to be on leash. Yet, the most tickets are given to owners of dogs who are NOT misbehaving and cannot, like two crippled labs laying in the grass, carted there with little children using them as pillows, or little old toothless dogs who can’t run. Page 155 of 268 From:C.A. Dickerson To:Linda Olson; Rita Russell; Cheryl Wink; Dave Cuesta; Othoniel Sierra; John Stone; Joe Anderson; Shawn Lewis; City Clerk Subject:Re: Off leash Public forum Are there not far more important issues for Parks and Rec? Date:Monday, July 20, 2020 9:33:42 PM USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. As a follow-up to this email about off-leash parks and staff's recommendations, I am attaching a few pictures to show dogs that have been threatened with tickets and or given tickets for being at large because their owner was not holding a leash in his or her hand. On Mon, Jul 20, 2020, 5:25 PM C.A. Dickerson <handsoffmyhealth47@gmail.com> wrote: The memo issued by staff regarding “off leash” and dog parks, seems inaccurate at best, and the statements and time line submitted are not backed up with facts or valid statistics or even ordinances cited. It is driven by staff without rhyme nor reason, and unsupported by fact and history Example: 1. 2003 Bates/Logan off leash “privileges” revoked. In what way? Was there an ordinance GRANTING off leash “privileges”? I have lived for 23 years in direct line of sight to Bates/Logan and I never knew of any such “privilege”. Bates/Logan was always a place people played ball with their dogs and congregated and socialized, and obedience training was done there. 2. Most of Title 7 Chapter 1A-C, regarding animals, was revised in 2008, as a result of the Dangerous Dog task force recommendations, yet there is no mention of this task force, nor the ordinance. 3. “complaints of aggressive dogs”. The code is clear on “aggressive dogs” though it defines them as “at risk” and “dangerous”, both of which are “unlawful”, and such dogs if adjudicated such, have to be leashed at all times and if “dangerous” have to wear a muzzle in public. Is CE enforcing and ticketing aggressive dogs? To my knowledge, they are not. The only tickets I know about have been dismissed for lack of evidence and one of the dogs ticketed was a year old friendly puppy confined behind a fence. An actual aggressive dog, a pit bull, twice escaped his yard and attacked dogs on leash at Duncan, yet the owner was never ticketed and twice park goers restrained the dog but police released back to the owner…..as did CE the 2nd time, despite complaints and followup by concerned citizens. Seems the problem is reasonable enforcement of reasonable ordinances, not aggressive dogs, or dog parks or off leash hours. Note: Title 7 Chapter1 is divided between dogs and cats and animals in general. The definition of animals in the code, excludes dogs and cats, yet the signs say All ANIMALS must be on leash and cites a code that says Dogs and cats cannot be at large. The definition of “at Large” under animals in general says at large is off the owner’s premises without the owner’s presence. The contention that “dogs” hurt the parks and turf is specious at best. The mowers and the Denver parties and Denver sports tear up the grounds. I’ve seen CE and police and party goers tear up and leave major ruts by running their vehicles over the ball field, not to mention the drivers of park equipment horsing around, scalping the grass, running over sprinkler heads and aluminum cans. There are far more problems with this memo driven by staff that completely negate their Page 156 of 268 conclusions There is no valid reason for fenced dog parks or restrictions preventing people from interacting with and playing ball with their dogs in the park. Code is clear-misbehaving dogs have to be on leash. Yet, the most tickets are given to owners of dogs who are NOT misbehaving and cannot, like two crippled labs laying in the grass, carted there with little children using them as pillows, or little old toothless dogs who can’t run. Page 157 of 268 Page 158 of 268 Page 159 of 268 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Devin Keener, Tim Hoos DEPARTMENT: Public Works DATE: July 20, 2020 SUBJECT: CB 26 - Little Dry Creek Plaza Drainage and Flood Control Improvements IGA DESCRIPTION: CB 26 - Approval of IGA with Urban Drainage and Flood Control District d/b/a Mile High Flood District (MHFD) for Design and Construction of Little Dry Creek Plaza Drainage and Flood Control Improvements RECOMMENDATION: Staff recommends City Council approve Council Bill 26 - Little Dry Creek Plaza Drainage and Flood Control Improvements IGA. PREVIOUS COUNCIL ACTION: N/A SUMMARY: This proposed Intergovernmental Agreement between the Mile High Flood District (MHFD) and the City of Englewood is for the design and construction of channel improvements on Little Dry Creek in the area from S Broadway downstream to S Bannock St. just north of Hampden Ave. The work will also include installation of a safety grate to cover the entrance to the culvert that begins at the Englewood Marketplace shopping center near Bannock Street along with associated channel modifications at the culvert entrance necessary to accommodate the safety grate. As funding allows, channel modifications further upstream of the new grate will be implemented to remove the concrete bottom of the former pond and restore the channel bottom to its former natural state as shown on the attached concept drawings. The planning, design and construction of this work will be managed by MHFD on Englewood's behalf. City staff will provide project oversight and guidance. ANALYSIS: Little Dry Creek in this area was formerly a pond with a concrete bottom. The pond level was controlled by an inflatable dam at the entrance to the box culvert that carries Little Dry Creek through the Englewood Marketplace shopping center area. Over time, the inflatable dam became damaged by debris in the creek flow and is no longer operational. Costs to maintain, repair and eventually replace the inflatable dam became prohibitive therefore the decision was made to eliminate the pond and allow Little Dry Creek flows to pass through the area without being ponded. This has left a large, uncovered culvert opening in the Little Dry Creek Plaza area. Page 160 of 268 Currently having no safety grate over the exposed culvert creates two potential safety hazards. One being the possible risk to life during flooding, and the other being clogging of the culvert which could magnify flooding upstream. The construction of the safety grate and related channel improvements will significantly reduce the current safety hazards that have been created at the culvert entrance. To properly install the safety grate, landscape and channel modifications will need to be incorporated to not only ensure its placement fits and functions correctly, but to ensure that it is aesthetically pleasing as well. FINANCIAL IMPLICATIONS: The total project funding is $720,000.00.for both design and construction of the safety grate and channel modifications. Funding Source: Contribution: Mile High Flood District (MHFD) $360,000.00 City of Englewood $360,000.00 The attached Contract Approval Summary document provides details of the source of the City's share of the funding for this work. ALTERNATIVES: Two alternatives exist for this proposed project. 1. No design or construction is to occur and project site is left alone. This would leave the safety hazard and concerns with the aesthetics of the Englewood Marketplace pond in its current state. The City would lose the $360,000.00 in approved matching funds from MHFD. 2. Only the safety grate is designed and constructed. This would cost the City roughly $200,000.00 and would have aesthetic issues if not merged with a landscape design and channel improvements. The City would lose the $360,000.00 in approved matching funds from MHFD. CONCLUSION: Staff recommends City Council approve this IGA with MHFD to obtain the $360,000 in matching funds as well as project management services from MHFD for the design and construction of this project. ATTACHMENTS: CB 26 Ordinance LDC Plaza IGA MHFD LDC Contract Approval Summary Safety Grate Concept Design LDC Plaza Concept Master Plan LDC Plaza Concept Rendering LDC Plaza Concept Before-After Page 161 of 268 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 26 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER ______________ A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION, AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR LITTLE DRY CREEK AT BROADWAY BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, DISTRICT in a policy statement previously adopted (Resolution No. 14, Series of 1970 and Resolution No. 11, Series of 1973), expressed an intent to assist public bodies which have heretofore enacted floodplain zoning measures; WHEREAS, the City and DISTRICT participated in a joint planning study titled “Major Drainageway Planning Little Dry Creek by McCall-Ellingson & Morrill, Inc., dated February 1974 hereinafter called “PLAN”); WHEREAS, Parties now desire to proceed with the design, right-of-way acquisition, and construction of drainage and flood control improvements for Little Dry Creek at Broadway (hereinafter called "PROJECT"); WHEREAS, DISTRICT’s Board of Directors has authorized DISTRICT financial participation for PROJECT (Resolution No. 53, Series of 2020); WHEREAS, the cost of the project is not to exceed $720,000 dollars with each Parties share being $360,000 dollars; and WHEREAS, the City Council of the City of Englewood and the Board of Directors of the DISTRICT have authorized by appropriation or resolution, all of PROJECT costs of the respective Parties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of Englewood, Colorado, hereby approves the Intergovernmental Agreement Regarding Final Design, Right-of-Way Acquisition, and Construction of Drainage and Flood Control Improvements for Little Dry Creek at Broadway – Agreement No. 20-05.34, Project No. 107336, between the Urban Drainage and Flood Control District and the City of Englewood, a copy of which is attached hereto as Exhibit 1. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, the Agreement Regarding Final Design, Right-of-Way Acquisition, and Construction of Drainage and Flood Control Improvements for Little Dry Creek at Broadway for the City of Englewood, for and on behalf of the City Council of the City of Englewood, Colorado. Section 3. There are no federal funds being used by Englewood on this Project. Page 162 of 268 2 Introduced, read in full, and passed on first reading on the 20th day of July, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of July, 2020 Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of July, 2020 for thirty (30) days. ATTEST: Linda Olson, Mayor 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 20th day of July, 2020. Stephanie Carlile Page 163 of 268 Agreement No. 20-05.34 1 AGREEMENT REGARDING FINAL DESIGNAND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR LITTLE DRY CREEK AT BROADWAY CITY OF ENGLEWOOD Agreement No. 20-05.34 Project No. 107336 THIS AGREEMENT, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, DISTRICT, in a policy statement previously adopted (Resolution No. 14, Series of 1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have heretofore enacted floodplain regulation measures; and WHEREAS, PARTIES participated in a joint planning study titled "Major Drainageway Planning Little Dry Creek" by McCall-Ellingson & Morrill, Inc., dated February 1974 (hereinafter called "PLAN"); and WHEREAS, PARTIES now desire to proceed with the design, right-of-way acquisition, and construction of drainage and flood control improvements for Little Dry Creek at Broadway (hereinafter called "PROJECT"); and WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolution No. 65, Series of 2019) for drainage and flood control facilities in which PROJECT was included in the 2020 calendar year; and WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar year 2020 subsequent to public hearing (Resolution No. 62, Series of 2019) which includes funds for PROJECT; and WHEREAS, DISTRICT's Board of Directors has authorized DISTRICT financial participation for PROJECT (Resolution No. 53, Series of 2020); and WHEREAS, the City Council of CITY and the Board of Directors of DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1.SCOPE OF THIS AGREEMENT This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT. 2.SCOPE OF PROJECT A. Final Design. PROJECT shall include the final design of improvements in accordance with the recommendations defined in PLAN. Specifically, the final design of facilities shall Exhibit 1 Page 164 of 268 Agreement No. 20-05.34 2 extend along Little Dry Creek from approximately Cherokee to Bannock, as shown on Exhibit A. B. Construction. PROJECT shall include construction by DISTRICT of the drainage and flood control improvements as set forth in the final design and vegetation establishment. 3. PUBLIC NECESSITY PARTIES agree that the work performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit to the inhabitants of PARTIES and to their property therein. 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following: 1. Final design services; 2. Delineation, description and acquisition of required rights-of-way/easements; 3. Construction of improvements; 4. Contingencies mutually agreeable to PARTIES. B. It is understood that PROJECT costs as defined above are not to exceed $720,000 without amendment to this Agreement. PROJECT costs for the various elements of the effort are estimated as follows: ITEM AMOUNT 1. Final Design $ 720,000 2. Construction $ -0- 3. Contingency $ -0- Grand Total $ 720,000 This breakdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this Agreement provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest, if applicable. C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Maximum Share Contribution DISTRICT 50.00% $360,000 CITY 50.00% $360,000 TOTAL 100.00% $720,000 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's one-half share may Page 165 of 268 Agreement No. 20-05.34 3 come from its own revenue sources or from funds received from state, federal, or other sources of funding without limitation and without prior DISTRICT approval. Payment of each party's full share (CITY - $360,000; DISTRICT - $360,000) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to CITY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares; or, at CITY request, CITY share of remaining monies shall be transferred to another special fund held by DISTRICT. 6. FINAL DESIGN The contracting officers for PARTIES, as defined under Paragraph 13 of this Agreement, shall select an engineer mutually agreeable to both PARTIES. DISTRICT shall contract with selected engineer and shall supervise and coordinate the final design including right-of-way delineation subject to approval of the contracting officer for CITY. Payment for final design services shall be made by DISTRICT as the work progresses from the PROJECT fund established as set forth above. Final design services shall consist of, but not be limited to, the following: A. Preparation of a work plan schedule identifying the timing of major elements in the design; B. Delineation of required right-of-way/easements; C. Preparation of detailed construction plans and specifications; D. Preparation of an estimate of probable construction costs of the work covered by the plans and specifications; E. Preparation of an appropriate construction schedule. DISTRICT shall provide any written work product by the engineer to CITY. 7. OWNERSHIP OF PROPERTY AND LIMITATION OF USE PARTIES acknowledge that CITY owns the property on which PROJECT is constructed either in fee or non-revocable easement and shall be responsible for same. It is specifically understood that the right-of-way is being used for drainage and flood control purposes. The properties upon which PROJECT is constructed shall not be used for any purpose that shall diminish or preclude its use for drainage and flood control purposes. CITY may not dispose of or change the use of the properties to diminish or preclude its use for drainage and flood control purposes without approval of DISTRICT, which shall not be unreasonably withheld. Page 166 of 268 Agreement No. 20-05.34 4 If, in the future, CITY disposes of any portion of or all of the properties acquired upon which PROJECT is constructed pursuant to this Agreement; changes the use to diminish or preclude its use for drainage and flood control purposes of any portion or all of the properties upon which PROJECT is constructed pursuant to this Agreement; or modifies any of the improvements located on any portion of the properties upon which PROJECT is constructed to diminish or preclude its use for drainage and flood control purposes pursuant to this Agreement; and CITY has not obtained the written approval of DISTRICT prior to such action, CITY shall take any and all action necessary to reverse said unauthorized activity and return the properties and improvements thereon, acquired and constructed pursuant to this Agreement, to the ownership and condition they were in immediately prior to the unauthorized activity at CITY's sole expense. However, CITY shall not be responsible for the actions of third parties that would violate the provisions of this Paragraph who may have legal rights in the property as long as CITY has taken reasonable action to stop those actions. In the event CITY breaches the terms and provisions of this Paragraph 7 and does not voluntarily cure as set forth above, DISTRICT shall have the right to pursue a claim against CITY for specific performance of this portion of the Agreement. 8. MANAGEMENT OF CONSTRUCTION A. Costs. Construction costs shall consist of those costs as incurred by the most qualified contractor(s) including detour costs, licenses and permits, utility relocations, and construction related engineering services as defined in Paragraph 4 of this Agreement. B. Construction Management and Payment 1. DISTRICT, with the concurrence of CITY, shall administer and coordinate the construction-related work as provided herein. 2. DISTRICT, with concurrence of CITY, shall select and award construction contract(s). 3. DISTRICT shall require the contractor to provide adequate liability insurance that includes CITY. The contractor shall be required to indemnify CITY. Copies of the insurance coverage shall be provided to CITY. 4. DISTRICT, with assistance of CITY, shall coordinate field surveying; staking; inspection; testing; acquisition of right-of-way; and engineering as required to construct PROJECT. DISTRICT, with assistance of CITY, shall assure that construction is performed in accordance with the construction contract documents including approved plans and specifications and shall accurately record the quantities and costs relative thereto. Copies of all inspection reports shall be furnished to CITY on a weekly basis. DISTRICT shall retain an engineer to perform all or a part of these duties. 5. DISTRICT, with concurrence of CITY, shall contract with and provide the services of the design engineer for basic engineering construction services to include addendum Page 167 of 268 Agreement No. 20-05.34 5 preparation; survey control points; explanatory sketches; revisions of contract plans; shop drawing review; as-built plans; weekly inspection of work; and final inspection. 6. PARTIES shall have access to the site during construction at all times to observe the progress of work and conformance to construction contract documents including plans and specifications. 7. DISTRICT shall review and approve contractor billings. DISTRICT shall remit payment to contractor based on billings. 8. DISTRICT, with concurrence of CITY, shall prepare and issue all written change or work orders to the contract documents. 9. PARTIES shall jointly conduct a final inspection and accept or reject the completed PROJECT in accordance with the contract documents. 10. DISTRICT shall provide CITY a set of reproducible "as-built" plans. C. Construction Change Orders. In the event that it becomes necessary and advisable to change the scope or detail of the work to be performed under the contract(s), such changes shall be rejected or approved in writing by the contracting officers. No change orders shall be approved that increase the costs beyond the funds available in the PROJECT fund, including interest earned on those funds, unless and until the additional funds needed to pay for the added costs are committed by all PARTIES. 9. MAINTENANCE PARTIES agree that CITY shall own and be responsible for maintenance of the completed and accepted PROJECT. PARTIES further agree that DISTRICT, at CITY's request, shall assist CITY with the maintenance of all facilities constructed or modified by virtue of this Agreement to the extent possible depending on availability of DISTRICT funds. Such maintenance assistance shall be limited to drainage and flood control features of PROJECT. Maintenance assistance may include activities such as keeping flow areas free and clear of debris and silt, keeping culverts free of debris and sediment, repairing drainage and flood control structures such as drop structures and energy dissipaters, and clean-up measures after periods of heavy runoff. The specific nature of the maintenance assistance shall be set forth in a memorandum of understanding from DISTRICT to CITY, upon acceptance of DISTRICT's annual Maintenance Work Program. DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at all times for observation of flood control facility conditions and for maintenance when funds are available. 10. FLOODPLAIN REGULATION CITY agrees to regulate and control the floodplain of Little Dry Creek within CITY in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum. PARTIES understand and agree, however, that CITY cannot obligate itself by contract to exercise its police powers. If CITY fails to regulate the floodplain of Little Dry Creek within CITY in the Page 168 of 268 Agreement No. 20-05.34 6 manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum, DISTRICT may exercise its power to do so and CITY shall cooperate fully. 11. TERM OF AGREEMENT The term of this Agreement shall commence upon the earlier of the date of final execution by all PARTIES and shall terminate three (3) years after the final payment is made to the construction contractor and the final accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 5 herein, except for Paragraph 10. FLOODPLAIN REGULATION, Paragraph 7. OWNERSHIP OF PROPERTY AND LIMITATION OF USE, and Paragraph 9. MAINTENANCE, which shall run in perpetuity. 12. LIABILITY Each party hereto shall be responsible for any suits, demands, costs or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 13. CONTRACTING OFFICERS A. The contracting officer for CITY shall be the Mayor, 1000 Englewood Parkway, Englewood, Colorado 80110. B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, Colorado 80211. C. The contracting officers for PARTIES each agree to designate and assign a PROJECT representative to act on the behalf of said PARTIES in all matters related to PROJECT undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT-related issues between PARTIES, shall attend all progress meetings, and shall be responsible for providing all available PROJECT-related file information to the engineer upon request by DISTRICT or CITY. Said representatives shall have the authority for all approvals, authorizations, notices or concurrences required under this Agreement. However, in regard to any amendments or addenda to this Agreement, said representative shall be responsible to promptly obtain the approval of the proper authority. 14. RESPONSIBILITIES OF PARTIES DISTRICT shall be responsible for coordinating with CITY the information developed by the various consultants hired by DISTRICT and for obtaining all concurrences from CITY needed to complete PROJECT in a timely manner. CITY agrees to review all concept plans, preliminary design plans, and final plans and specifications; and to provide comments within 21 calendar days after the drafts have been provided by DISTRICT to CITY. 15. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 16. SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable Page 169 of 268 Agreement No. 20-05.34 7 clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 17. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State of Colorado and venue for the same shall lie in the CITY where PROJECT is located. 18. ASSIGNABILITY No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 19. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 20. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 21. TERMINATION OF AGREEMENT This Agreement may be terminated upon thirty (30) days’ written notice by any party to this Agreement, but only if there are no contingent, outstanding contracts. If there are contingent, outstanding contracts, this Agreement may only be terminated upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions. 22. PUBLIC RELATIONS It shall be at CITY's sole discretion to initiate and to carry out any public relations program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact it may have on them. Technical information shall be presented to the public by the selected engineer. In any event DISTRICT shall have no responsibility for a public relations program, but shall assist CITY as needed and appropriate. 23. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified because of race, color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, gender identity, marital status, or physical or mental disability and further agree to insert the foregoing provision in all subcontracts hereunder. 24. APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of CITY and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of CITY and/or DISTRICT. Page 170 of 268 Agreement No. 20-05.34 8 25. NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than any one of PARTIES receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 26. ILLEGAL ALIENS PARTIES agree that any public contract for services executed as a result of this intergovernmental agreement shall prohibit the employment of illegal aliens in compliance with §8-17.5-101 C.R.S. et seq. The following language shall be included in any contract for public services: A. At the time of execution of this Agreement, CONTRACTOR does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. B. CONTRACTOR shall participate in the E-Verify Program, as defined in § 8 17.5-101(3.7), C.R.S., to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. C. CONTRACTOR shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. D. CONTRACTOR shall not enter into a contractor with a subconsultant or subcontractor that fails to certify to CONTRACTOR that it shall not knowingly employ or contact with an illegal alien to perform work under this Agreement. E. CONTRACTOR shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in the E- Verify Program. F. CONTRACTOR is prohibited from using the E-Verify Program procedures to undertake pre-employment screening of job applicants while performing its obligation under this Agreement, and that otherwise requires CONTRACTOR to comply with any and all federal requirements related to use of the E-Verify Program including, by way of example, all program requirements related to employee notification and preservation of employee rights. G. If CONTRACTOR obtains actual knowledge that a subconsultant or subcontractor performing work under this Agreement knowingly employs or contract with an illegal alien, it will notify such subconsultant or subcontractor and PARTIES within three (3) days. CONTRACTOR shall also then terminate such subconsultant or subcontractor if within three (3) days after such notice the subconsultant or subcontractor does not stop employing or contracting with the illegal alien, unless during such three (3) day period the subconsultant or subcontractor provides information to establish that the subconsultant or subcontractor has not knowingly employed or contracted with an illegal alien. Page 171 of 268 Agreement No. 20-05.34 9 H. CONTRACTOR shall comply with any reasonable request made in the course of an investigation by the Colorado Department of Labor and Employment under authority of § 8- 17.5-102(5), C.R.S. I. CONTRACTOR shall, within twenty days after hiring an employee who is newly hired for employment to perform work under this Agreement, affirms that it has examined the legal work status of such employees, retained file copies of the documents required by 8 U.S.C. Section 1324a, and not altered or falsified the identification documents for such employees. CONTRACTOR shall provide a written, notarized copy of the affirmation to PARTIES. 27. GOVERNMENTAL IMMUNITIES PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by any party of any rights, limitations, or protections afforded to them under the Colorado Governmental Immunity Act (§ 24-10-101, et seq., C.R.S.) as now or hereafter amended or otherwise available at law or equity. 28. INTENT OF AGREEMENT Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between PARTIES and is not intended to and shall not be deemed to confer rights upon any person or entities not named as PARTIES, nor to limit in any way the powers and responsibilities of the CITY, the DISTRICT or any other entity not a party hereto. 29. EXECUTION IN COUNTERPARTS – ELECTRONIC SIGNATURES This Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. PARTIES approve the use of electronic signatures for execution of this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. Only the following two forms of electronic signatures shall be permitted to bind PARTIES to this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. A. Electronic or facsimile delivery of a fully executed copy of a signature page; or B. The image of the signature of an authorized signer inserted onto PDF format documents. Documents requiring notarization may also be notarized by electronic signature, as provided above. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, CRS §§ 24-71.3-101 to -121. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year written below. Page 172 of 268 Agreement No. 20-05.34 10 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT By ___________ Name Ken A. MacKenzie Checked By Title Executive Director Date Page 173 of 268 Agreement No. 20-05.34 11 CITY OF ENGLEWOOD By Name Title Date Page 174 of 268 AGREEMENT REGARDING FINAL DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR LITTLE DRY CREEK AT BROADWAY CITY OF ENGLEWOOD Agreement No. 20-05.34 Project No. 107336 Exhibit A Page 175 of 268 Contract Approval Summary 10/11/2019 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 Hoos Phone: (303) 257-0967 Title: Capital Projects and Engineering Manager Email: thoos@englewoodco.gov Vendor Contact Information Vendor Name: Mile High Flood District (MHFD) Vendor Contact: Jon Villines Vendor Address: 2480 W. 26th Ave. Suite 156-B Vendor Phone: (303) 455-6277 City: Denver Vendor Email: jvillines@udfcd.org State: CO Zip Code: 80211 Contract Type Contract Type:Intergovernmental Agreement Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☒Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: TBD End Date: TBD Total Years of Term: n/a Total Amount of Contract for term (or estimated amount if based on item pricing): $360,000.00 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): MHFD will be reimbursed at end of project for work completed at 50% of the cost-share up to a total of $360,000.00. Attachments: ☐Copy of original Contract if this is an amendment The City of Englewood and the Mile High Flood District (MHFD) will enter into an Intergovernmental Agreement to fund and construct a safety grate and improvements along Little Dry Creek at the Englewood Marketplace downstream of Broadway. Both parties shall contribute $360,000.00 for a total project cost not to exceed $720,000.00. The MHFD will assume the role of leading this project’s design and construction. Page 176 of 268 Contract Approval Summary 10/11/2019 Page | 2 ☒Copies of related Contracts/Conveyances/Documents Source of funds: 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 ☒Other: Please describe The MHFD has matching funds for each city in their District to tap into for stream and channel restoration purposes. The City of Englewood met at the project site with a representative from the MHFD in late 2019, in which the idea of an IGA was floated. The MHFD obtained landscape and safety grate plans from the City to determine the match they could allot for the 2020 fiscal year. The MHFD voted on a resolution to approved a match of $360,000.00 after budget discussions with the City of Englewood’s Public Works Department. Page 177 of 268 Page 178 of 268 Q PLAYGROUND FEATURES 3 I RAILI ITURE CREEK CROSSING ALLOWS FOR LOOPED TRAIL (LOW PROFILE TO NOT IMPACT 100YR. FLOOD EVENT) SHRUB PLANTINGS TO BETTER SCREEN REMOVE EXISTING GUARD RAIL AND REPLACE WITH DECORATIVE WALL WITH COLUMNS AT PARK ENTRANCE PROPOSED CANOPY TREES ALONG WALLS ADJACENT CREATE OPENINGS IN EXISTING /'CONTEMPORARY STYLE SHADE PARKING I-0T SHELTER WITH PICNIC TABLES BACKLESS BENCHES WALLS FOR DIRECT AccEss To STEPS To EDGE / AROUND SCULPTURE CREEK.ADD GRAND sTAIRcAsE FOR BETTER CoNNEc1'|V|1'Y OF WATER WALK CONNECTION WITH SCULPTURAL SHADE BETWEEN spAcEs /T STAIRS FROM BROADWAY SHELTER WITH PICNIC TABLES MAINTAIN EXISTING FLAGSTONE WALLS.POWER WASH,ETC.TO REMOVE WATER DEPOSITS. POSSIBLY MODIFY CURVE IN WALL TO REPLACE RAILINGS. VARY WIDTH OF CREEK CHANNEL TERRACED SANDSTONE BOULDER WALLS FOR SEATING ALONG GRASS SLOPE BURY RIP-RAP,PLANT WITH SHRUBS OR RIPARIAN GRASSES FLOWERS BEHIND WALL FOR SEASONAL COLOR.CONVERT WATER FEATURE INTO PLANTER.UTILIZE EXISTING STONE AND BOULDER WALLS EXTEND PAVING UP TO EDGE OF WALL FOR CREEK OVERLOOK,ADD DECORATIVE RAILING TABLES WITH UMBRELLAS LOW FLOWERING ORNAMENTAL TREES -PRESERVE EXISTING SIGHT LINES TO BUILDINGS SCULPTURAL PLAYGROUND FOR KIDS AGES 5-12 (ON POURED IN PLACE SURFACING) DECORATIVE PAVERS EXISTING TRAIL REMOVE EXISTING WATERFALL ON SLOPE,PRUNE BACK OVERGROWN VEGETATION BOULDERS FOR INFORMAL STAIRS POSSIBLE SCULPTURE VISIBLE FROM HAMPDEN AVE. ExIsTING STEPS AND PLANTINGS \ To REMAIN ENHANCES SHRUB AND ADA CREEK ACCESS BOULDERS FOR 2+I-WATER FALL -PROVIDES SOUNDPRESERVEEXISTINGREMOVEEXISTINGPOCKETSOF' PLANTINGS 'sANDsToNE STEPS SEATING ALoNG 'BREAK IN 2-3 AREAS ACCESS TO CHANNEL 0 10 20 40 SCULPTURAL «NATURE»PLAYGROUND To wATER EDGE OF WATER FOR EASY ACCESS TO ExIsTING BENCHES mg FOR KIDS AGEs 2-5 (ON POURED IN POSSIBLE SCULPTURE CREEK A'-°NG TRAIL SCALE ,.=2o._o. p._AcE SURFACING)oN BUMP-OUT WITH HAM P D E N AVE.NEw LIGHT POLES, DECORATIVE PAVING TYP. Theme-“Creek |ntegration” -Maintain and enhance existing flagstone walls providing updated appearance -Provide stronger direct connection between upper plaza and creek with formal stairs. (remove old water spouts,concrete pools and railings).-Provide additional trail connection from upper plaza to the east creating a looped trail -Creek channel to vary in width and have more natural appearance with pockets of riparian including steps down to edge of creek. plants and bluegrass turf up to edge of water near upper and west plazas for visual interest -Enhance west plaza with contemporary seat walls,new paving materials,shelter and and sound.themed playground. -Provide additional boulder drop structure -Extend west plaza up to edge of wall and provide seating that overlooks creek. -Provide more contemporary site furnishings,light fixtures,railings,etc.-Enhance east plaza with shade shelter,picnic tables,terraced walls and direct access pathCONCEPTUALMASTERPLAN LITTLE DRY CREEK PLAZA IIIIIIIII §E§g"."c'3c'? I'.1'EN'$®ENGLEWOOD,COLORADO JULY2o.2o18 Page 179 of 268 3,3 MERRICK® EIDIII &COIVIPANYLITTLEDRYCREEKPLAZA ENGLEWOOD,COLORADO JULY2o.2o18 Page 180 of 268 7.1;‘:wmu (7 I gUgMERnIcK®LITTLE DRY CREEK PLAZA I:nI:&CoMPANY ENGLEWOOD,COLORADO JULY20.2018 Page 181 of 268 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Heather Driscoll, Maria Sobota DEPARTMENT: Finance DATE: July 20, 2020 SUBJECT: CB 28 - IGA with State Department of Revenue: Sales and Use Tax Software (SUTS System) DESCRIPTION: CB 28 - IGA with State Department of Revenue pertaining to the Sales and Use Tax Software (SUTS System) RECOMMENDATION: Staff recommends City Council approve Council Bill 28, authorizing an Intergovernmental Agreement (IGA) with the State of Colorado's Department of Revenue. The IGA will allow taxpayers the opportunity to file tax returns in a single application within the State's Sales and Use Tax Software (SUTS System). PREVIOUS COUNCIL ACTION: None SUMMARY: Entering into the IGA will allow City of Englewood taxpayers to use the State of Colorado's SUTS system. The intent of the IGA does not supersede Home Rule Authority. By gaining access, the following benefits will be shared by citizens and the City: • Single point of entry - taxpayers can enter and file returns and make payments for all municipalities in which they have a presence • Recognition of participation will reflected in the new free GIS tax rate lookup • Ease of use encouraging voluntary compliance ANALYSIS: By joining the State's SUTS system, remittance of sales and use taxes for large/out of state vendors will be easier and harder to oppose legally. It is anticipated that more taxpayers will come into compliance and that there will be a corresponding increase in revenue. FINANCIAL IMPLICATIONS: The anticipated revenue gains are difficult to measure as it is unknown how many vendors will become compliant by using the SUTS system. The cost to the City is $1 per banking day for the ACH transfer of funds from the State to the City (roughly $260 a year). The City will also recognize a small savings generated as taxpayers migrate from the City's Muni-Revs site to the SUTS system. Page 182 of 268 ALTERNATIVES: The City can choose to not join the SUTS system. However, doing so could lead to limiting revenue collections now and in the future from vendors. CONCLUSION: Staff recommends that Council approve the IGA with the State as the benefits are in the City's and taxpayer's favor. ATTACHMENTS: Council Bill #28 SUTS IGA agreement Page 183 of 268 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 28 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF REVENUE AND THE CITY OF ENGLEWOOD FOR THE COLLECTION OF MUNICIPAL TAXES UNDER THE SUTS (“SALES AND USE TAX SOFTWARE”) SYSTEM WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; WHEREAS, under SB19-006, the Colorado Legislature authorized the state to create a Sales and Use Tax Software system ("SUTS") to facilitate the central collection of municipal sales and use taxes on behalf of home rule municipalities and taxpayers; WHEREAS, the City of Englewood as a local taxing jurisdiction is allowed to participate in the SUTS, and at this time wishes to participate in said system for the benefit of both taxpayers collecting businesses sales and use tax and the City of Englewood; WHEREAS, all funds deposited by a taxpayer in the SUTS system remain the property of the municipality for which they are designated; and WHEREAS, use of this system will provide simplicity to taxpayers and efficiency for the City of Englewood; 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, Colorado hereby authorizes the Intergovernmental Agreement entitled Agreement Regarding Department of Revenue Sales and Use Tax Software (“SUTS”), between the Colorado Department of Revenue and the City of Englewood, a copy of which is marked as “Exhibit A” and attached hereto. Section 2. The Mayor is hereby authorized to sign said Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado, attached hereto as Exhibit A. Page 184 of 268 Introduced, read in full, and passed on first reading on the 20th day of July, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23th day of July, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of July, 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 Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2020. ___________________________________ Stephanie Carlile Page 185 of 268 AGREEMENT REGARDING DEPARTMENT OF REVENUE SALES AND  USE TAX SOFTWARE (“SUTS SYSTEM”)  This agreement regarding the SUTS System (“​Agreement​”) is entered          between the Colorado Department of Revenue (“​CDOR​”) and the undersigned home            rule local taxing jurisdiction (“​Jurisdiction,”collectively,​“the Parties”​) for the           purposes of permitting access to the SUTS System and its related tax information              look up tool as described in this Agreement. The SUTS System permits the              acceptance of returns and processing of payments for the sales and use tax levied by                the state and any local taxing jurisdictions in accord with the objectives of              SB19-006. To further those objectives here, the Parties agree to the following:  AGREEMENT  CDOR grants Jurisdiction access to the SUTS System for Jurisdiction’s use in             the collection and payment of Sales and Use tax under the terms set forth in this                 Agreement.  A.Purpose of Agreement Pursuant to Senate Bill 19-006, CDOR has contracted with vendors, including at  this time, MUNIRevs, Inc. and Transaction Tax Resources, Inc., Fast Enterprises,  LLC, and others, which may change from time to time (collectively, “Vendors”) to  provide a sales and use tax simplification system that allows taxpayers to look up  and remit sales and use taxes through a single portal managed by Vendors and held  in trust for the benefit of the Jurisdiction.   B.Definitions 1)“Confidential Information” means any information derived from the SUTS         System, including but not limited to taxpayer information, return information, and           “personally identifiable information,” as defined in section 24-73-101(4) (b), C.R.S. 2)A "Security Incident," has the meaning set forth in section 24-37.5-402(10),           C.R.S., which is “an accidental or deliberate event that results in or constitutes an              imminent threat of the unauthorized access, loss, disclosure, modification,         disruption, or destruction of communication and information resources. Security         incidents include but are not limited to: a) detection of a virus, worm, malware, etc;               b) unauthorized use of an information resource; c) unauthorized modification of an           information resource; d) theft or diversion of an information resource; e) theft or             diversion of property using an information resource, and f) vandalism or other            damage to an information resource.” Exhibit A Page 186 of 268   3) “Taxpayer”means any individual or business required to remit sales or use             taxes to a taxing jurisdiction.  4) “Sales and Use Tax”means sales and use tax collected by Taxpayers and              remitted to a jurisdiction by Taxpayers.Sales and Use Tax does not include excise               taxes or other taxes or fees that a jurisdiction requires taxpayers to pay.    C. Confidentiality.  1)CDOR agrees to continually maintain a secure place in which Confidential            Information will be stored,regardless of whether Confidential Information is in            physical or electronic form and will restrict access to Confidential Information to             persons whose duties and responsibilities require such access.All third-party           contractors who need such access for purposes consistent with this Agreement shall             sign confidentiality agreements with CDOR or Jurisdiction no less restrictive than            the confidentiality terms of this Agreement.  2)Except as may be ordered by a court of competent jurisdiction,no             Confidential Information obtained pursuant to this Agreement shall be disclosed by            CDOR or Jurisdiction to any person or entity not authorized to receive such              information by the laws of the Jurisdiction or the State of Colorado.   3)If CDOR or Jurisdiction is served with a request for Confidential            Information,CDOR or Jurisdiction shall use reasonable efforts to provide notice to             the other Party within such time that CDOR or Jurisdiction may intervene and              seek a protective order or other relief if it so chooses.  4)The information obtained pursuant to this Agreement shall be used only for             the purpose of administration and enforcement of the sales and/or use tax laws of               the Jurisdiction or the State of Colorado.   5)Nothing in this agreement shall prevent a Jurisdiction from contacting their            Taxpayers for auditing or other purposes.  6)If either party becomes aware of any Security Incident,they shall notify the              other immediately and cooperate with one another regarding recovery,remediation,           and the necessity to involve law enforcement.    D.​ Payments of Taxes to Jurisdiction.  1)All funds deposited by a Taxpayer shall be and shall remain the property of               Jurisdiction held in trust until transferred to Jurisdiction.Deposited remittances           2   Page 187 of 268   shall be transferred to Jurisdiction as soon as the funds have settled with the SUTS                bank following NACHA guidelines​.  2)If any Taxpayer payment is returned via an ACH or credit card charge-back              against the account past the settlement process above,that Jurisdiction will pay             applicable amounts back to the SUTS System within five banking days of             notification of return.    E. Data and Reports.   1)Jurisdiction will have access to all information from tax forms processed in             the SUTS System that involve transactions within the Jurisdiction via CSV file             downloads, PDF files or some other manner that is mutually acceptable.    2)​The following reports will be available to Jurisdiction under the SUTS             System:  a)Assessment Report:This report shows all assessments,by business          and includes several filters.    b)Form Data Report:The form data report provides the ability to see all              data for a taxpayer’s form (e.g., gross sales through all deductions).   c)Business Comparison Reports by Month:Allows review of trends over           time for particular businesses, or an audience of businesses.  d)Business Contact Report.  e)Missing Account Number Report for validating Jurisdiction’s Local         Account Number for each registered account in the SUTS System.    F. Support.  CDOR will provide Taxpayer user support during regular,published State business            hours.Support to Jurisdiction’s administrative users for system questions is           provided by Vendor specialists who will be available by email and phone Monday              through Friday from 8:00 am to 5:00 pm Mountain Time,excluding Federal and              State Holidays.    G. Retention of Data​.   The SUTS System will retain,for a minimum of three years,all data,records,               returns,and information:a)submitted by Taxpayers to the SUTS System,b)             derived from Taxpayer submissions, and c) transferred to Jurisdiction.    H. S​ystem Failure.   If the SUTS System becomes disabled,CDOR will use good faith and reasonable              3   Page 188 of 268   efforts to recover the system and all Jurisdiction data not already in the possession               of Jurisdiction This recovery of the SUTS System and data will be conducted at no                additional cost to Jurisdiction.     I. R​eservation of Rights​.   The software,workflow processes,user interface,designs,know-how and other           services and technologies which are the sole property provided by Vendors as part of               the SUTS System and CDOR’s agreements with Vendors will remain with Vendors             and Jurisdiction will not have any right,title or interest in or to such items,                including all associated intellectual property rights.     J. Restrictions on Use of The SUTS System.   1)Jurisdiction ​may not a)sell,resell,rent or lease the SUTS System,b)use the                SUTS System to store or transmit infringing,unsolicited marketing emails,           libelous,or otherwise unlawful or tortious material,or to store or transmit             material in violation of third-party rights,c)interfere with or disrupt the             integrity or performance of the SUTS System,or d)attempt to gain             unauthorized access to the SUTS System or its related systems or networks.  2)Jurisdiction may allow its third-party contractors to use the SUTS System            solely on behalf of and for the benefit of Jurisdiction and only in compliance               with the terms and conditions of this Agreement.Jurisdiction is responsible            for compliance with the terms of this Agreement by its contractors.     K. Initial Setup​.   Jurisdiction shall furnish the following items in order to use the SUTS System:  1)Jurisdiction Depository Information:Jurisdiction will provide bank deposit         information (routing &account number)to CDOR’s appropriate Vendors          within 5 days of signing this Agreement.This information will be utilized for              the deposits of taxes,penalties,and interest from the SUTS System.It is the               responsibility of Jurisdiction to provide updated depository information         should this account need to be changed at any point in time.  2)Initial Account Number Validation:Jurisdiction will upload their local          account numbers for their Taxpayers to the SUTS System using the SUTS             standard upload format (e.g.Excel,CSV)as soon as is reasonable after             signing this Agreement.CDOR will use this information to validate account            numbers for businesses registering on the SUTS System with actual account            4   Page 189 of 268   numbers for each jurisdiction for accurate account information on SUTS           System tax returns.  3)The local account numbers will include the Taxpayer’s account number,           business name,dba,FEIN#,address and any other contact information or the             SUTS System to validate and match the registered account to Jurisdiction’s            account number.   4)The SUTS System will not activate for Jurisdiction for tax receipts until the              Existing Account Number Data File has been provided to CDOR,imported to             the SUTS System and validated by Vendor.   5)It is the responsibility of Jurisdiction to update the account numbers that             need to be added or edited in the SUTS System in order to display the local                 account number on future tax returns generated from the SUTS System.    L. Use Tax Purchase Details.   Taxpayers filing tax returns through the SUTS System are not required to include              use tax purchase details.Purchase details are typically required on Schedule B to              tax returns required by local jurisdictions.However,nothing in this Agreement            prevents Jurisdiction from requesting these use tax details directly from the            Taxpayer.    M. Business Licenses.   The SUTS System will not require any Taxpayer to obtain separate Jurisdiction             business licenses or any other license.Jurisdiction may,at Jurisdiction’s discretion,            use the information provided by the Taxpayer in the SUTS System to reach out               separately and independently to their Jurisdiction’s Taxpayers for licenses or any            other requirements from the Jurisdiction that is not included in the SUTS System.     N. Frequency of Tax Filings.   Taxpayers may file tax returns via the SUTS System at the frequency which is               required of Taxpayer for State taxes under CDOR regulations;however,           Jurisdiction may reach out to CDOR and request that the Taxpayer may be moved               to a more frequent filing, which will not be unreasonably denied.    O. Jurisdiction New Account Review.   When a Taxpayer submits a new registration with the SUTS System and does not               have a Colorado Account Number,the SUTS System will require that the Taxpayer              submit an online Sales Tax License Application and pay the State of Colorado              5   Page 190 of 268   license fee.The application and fee shall be sent to the CDOR for license issuance                and account number creation for the Colorado Account Number.It is the             responsibility of the Jurisdiction to use the SUTS reports to include any new              businesses in their external system of record and to update their local account              number in the SUTS System using the procedures set forth above.     P. Jurisdiction Rate Validation.  1)Jurisdiction will provide written confirmation to Vendors of its sales and use             tax rates,rules,and boundaries.Jurisdiction will use due care and make best              efforts to provide accurate rates, rules, and boundaries.   2)Jurisdiction agrees to specify to Vendors authorized Jurisdiction users who           are allowed to propose changes within the SUTS System administrative tools.  3)Jurisdiction will use best efforts to email Vendors or use the SUTS System              administrative tools to notify Vendors of any tax rates,rules,boundaries,or other              needed data changes 30 days before they are effective for them to be updated in the                 system.All notifications must include details on the changes and the period for              which changes are effective.     Q. Tax Data Integration​.   This Agreement does not provide a direct interface or integration to Jurisdiction’s             system of record for sales tax.If a direct interface or custom format is desired by                 Jurisdiction to better integrate to Jurisdiction’s system of record,Jurisdiction may            contact Vendor to discuss custom options,which may entail programming fees to be              paid by the Jurisdiction.     R. Licensed Documentation​.   All SUTS System user guides,sample data,marketing,training and other items             provided through the SUTS System or by Vendors (“Licensed Documentation”)may            be used and copied by Jurisdiction via a non-exclusive license for the duration of the                Agreement for Jurisdiction’s use solely with the SUTS System according to the             terms of this Agreement.    S. Payment and Merchant Fees.   Taxpayer pays credit,debit or any other merchant processor or bank fee associated              with Taxpayer’s remittance payment,and the Jurisdiction ​agrees to pay the ACH             Credit or Debit ​transfer ​fees from the SUTS System to Jurisdiction’s bank account,              which is currently one dollar ($1)per banking day so about twenty dollars ($20)per                6   Page 191 of 268   month per a Jurisdiction that gets a payment every banking day.The Jurisdiction              will Pre-pay an amount of two hundred and sixty dollars ($260)during the SUTS               onboarding process that will be a credit towards the transfer fees.Jurisdiction will              replenish any funds used,paying in advance of each CDOR fiscal year on or before                July 1 after receiving a notice of account and balance due by June 1.  T. Additional Terms  1)Governing Law​.This Agreement is governed by Colorado law without           regard to conflicts of law principles.  2)Survival of Terms.​Any terms that by their nature survive termination or             expiration of this Agreement, will survive.  3)Entire Agreement and Changes.This Agreement constitutes the entire          agreement between the Parties,and supersedes all prior or contemporaneous           negotiations,agreements and representations,whether oral or written,         related to this subject matter.No modification or waiver of any term of this               Agreement is effective unless in a written instrument signed by both Parties.  4)No Assignment.Neither Party may assign or transfer this Agreement to a             third party.  5)Enforceability​:If any term of this Agreement is determined to be invalid or              unenforceable, the other terms remain in effect.  6)Notices​:All notices required or permitted to be given under this Agreement             shall be in writing,and shall be delivered (a)​by hand with receipt required,               (b)​by certified or registered mail to such Party’s principal representative at             the address set forth below or (c),​as an email with read receipt requested               addressed as given herein.This contact information may be changed by            notice submitted in accordance with this section.  For CDOR:  Name:________  Title: _________  Address: _______  Phone: __________  For Jurisdiction:  Name:________  Title: _________  Address: _______  7   Page 192 of 268   Phone: __________  7)Counterparts,Facsimiles and E-Mail​.This Agreement may be signed in           any number of counterparts,which together shall constitute one and the            same instrument.Original signatures of the Parties on copies of this            Agreement transmitted by facsimile or electronically/scanned and e-mailed         copies shall be deemed originals for purposes of this Agreement,and such             copies shall be binding on all Parties.  8)Authority to Execute Agreement​.Each person executing this Agreement          on behalf of each Party represents,warrants,assures,and guarantees that            s/he has full legal authority to execute this Agreement on behalf of the              Jurisdiction and CDOR,respectively,and to bind Jurisdiction and CDOR,to            all the terms, conditions, provisions, and obligations of this Agreement.  9)Termination of Agreement:​CDOR or Jurisdiction may terminate this          Agreement for any reason on 90 days written notice to the other Party.In               the event of a breach of contract,the aggrieved Party shall give written notice               of breach to the other Party.If the notified Party does not cure the breach of                 contract,at its sole expense,within 30 days after the delivery of written              notice,the Party may terminate the contract.Notwithstanding any provision           of this Agreement to the contrary,both Parties retain any statutory rights             they may have to immediately terminate this Agreement in whole or in part              in order to protect the public interest of their citizens.  10)Limitation of Liability for CDOR.​CDOR,its employees,agents,including           Vendors and assignees shall not be liable for any costs,expenses,claims,             damages,liabilities,court fees and other amounts (including attorneys’fees           and related costs)including but not limited to cost of delay,loss of data or                information,failure of the SUTS system,loss of moneys remitted to SUTS,             direct losses,consequential,special,indirect,incidental,punitive or         exemplary loss incurred by Jurisdiction in relation to any services,including            database access in connection with this Agreement.   11)Governmental Immunity.Liability for claims for injuries to persons or           property arising from the negligence of the State,its departments,boards,            commissions,committees,bureaus,offices,employees and officials,or of the           Jurisdiction,its departments,boards,commissions,committees,bureaus,        offices,employees and officials,shall be controlled and limited by the            provisions of the Colorado Governmental Immunity Act,§24-10-101,et seq.,           C.R.S.;the Federal Tort Claims Act,28 U.S.C.Pt.VI,Ch.171 and 28 U.S.C.                1346(b),and the State’s risk management statutes,§§24-30-1501,et seq.           C.R.S.No term or condition of this Contract shall be construed or interpreted              as a waiver,express or implied,of any of the immunities,rights,benefits,              protections, or other provisions, contained in these statutes.  8   Page 193 of 268     Jurisdiction Approval  By Title    *Signature Date  ​Municipality or County of Date  Jurisdiction Mailing Address Appointee Phone Number  Appointee Name Title  Appointee Signature Appointee Email   Name of Chief Administrative Officer or  Designee  Title  Chief Administrative Officer or Designee  Signature  Chief Administrative Officer or Designee  Email  Colorado Department of Revenue Approval  By Title    Signature Date    * ⎕ By checking this box and signing above, I hereby represent, warrant, assure,  and guarantee that I have full legal authority to execute this Agreement on behalf  of the Jurisdiction and to bind Jurisdiction to all the terms, conditions, provisions,  and obligations of this Agreement.  9   Page 194 of 268 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jeromy King, Vance Fender DEPARTMENT: Information Technology, Police DATE: July 20, 2020 SUBJECT: PD Rugged Computers Project DESCRIPTION: Purchase of rugged computers in Police RECOMMENDATION: Staff recommends City Council approve, by Resolution, the purchase of rugged computers for the Police Department's rugged computer project, under the terms of the State of Colorado Contract #2016000000000142NASPO with HP, Inc., at a total cost of $276,550.91. SUMMARY: The impetus for migrating from fixed computing devices in patrol cars and desktops to issuing police staff rugged computers is portability and efficiency. Currently, officers share computers in the patrol cars and wait for shared computers in the police building to write reports, research, or complete daily business functions. While computing devices in the patrol cars has helped officers do their jobs much more efficiently for many years it does not allow them portability. Rugged computers are portable and can be quickly unmounted from the dock and carried with ease on foot, on a bike, or on a motorcycle. Unlike fixed patrol car computers the rugged computers can be used without a work surface – they can be used standing or sitting. This enables officers to enter data while walking around the scene of an incident, working at the hospital or other assignments that take them away from their patrol cars and computers. Having a portable computer allows officers to prepare their reports at any location leading to more efficient use of the officer’s time. ANALYSIS: Many of the computers at the Police Department are 4 to 7 years old and are up for replacement. Some challenges that the Police Department has is shared computers. There are times that computers are not available for officers to use. For this project there will be a computer issued to each officer that will give the ability to be mobile. In the rest of the City we already assign computers to each person so they have the tools and information they need at any given moment to complete their jobs. Issuing computers to each officer will be no different and it will give them the tools to perform their job duties. Some of the benefits that the police officers will have is the ability to improve customer service and documentation by the ability to have the computer with them to document statements or gather information face to face without the need to rely on notes and memory. Being mobile increases efficiency, by allowing officers to complete reports at offsite locations while conducting other business, and reduces the number of times an officer has to return to the station ensuring Page 195 of 268 that officers are more visible in the community. It allows for individual officers to set RMS, CAD and other systems to their preference without having to change it with the shared computers which increases accountability. It allows them to take them into crime scenes where they can properly document or access information, using it for victim assistance privately where it is entered directly into the system as opposed to writing it down. This also helps with CJIS compliance because the information is directly entered or accessed into their software programs keeping the risk of private or confidential information being compromised. Since many things are going digital this also help with situational awareness because the officer or supervisors could view live camera feeds and collaborate more effectively. HP, Inc entered into a master agreement with the State of Colorado (2016-0000- 0000-0000- 0142/NASPO). The Master Agreement provides that any state, city, special district, local government, etc. may purchase products and services at the prices indicated in the Master Agreement. Purchasing under the cooperative agreement is more efficient because it saves significant time and money in contract production as well as lower contract prices through the power of aggregation. According to CRS 24-110-201 (5) The State of Colorado allows the city to use the cooperative purchasing agreements the state has negotiated. Cooperative purchasing complies with the City's Purchasing Policies & Procedures, Section XIII - Competitive Bidding Requirements, using cooperative purchasing whenever possible through the State bid list as well as other organizations. FINANCIAL IMPLICATIONS: Funding for this project is allocated in the Capital Projects Fund Rugged Computers Project 31 0701 Task 021 which currently has an appropriated balance of $400,000.00. ALTERNATIVES: PD will continue to use shared computers ATTACHMENTS: Resolution Contract Approval Summary.pdf May-20 Capital Projects Fund.pdf State of Colorado HP Agreement_Redacted.pdf HP Quote.pdf Page 196 of 268 1/2 RESOLUTION NO. _____ SERIES OF 2020 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF FIVE HP ELITEBOOK COMPUTERS, FIVE HP THUNDERBOLT DOCKS, ONE HP S430 CURVED MONITOR, TWENTY-SEVEN HP PROMO ELITE DISPLAY MONITORS, TWENTY-SEVEN HP ELITEDISPLAYS, SIXTY-THREE GETAC V110 WEBCAMS, TWENTY- THREE GETAC DOCKING STATIONS, SIXTY-THREE GETAC PROTECTION PLUS 4 YEAR EXTENDED WARRANTIES UNDER THE TERMS OF THE STATE OF COLORADO PRICE AGREEMENT WITH HP, INC. 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 of Englewood Police Department is upgrading its computer systems used in it's operations, including patrol vehicles; WHEREAS, the City, as a municipality, has the opportunity to take advantage of the pricing offered under the State of Colorado Price Agreement 2016-0000-0000-0000- 0142/NASPO which is currently allowing local jurisdictions to take advantage of the pricing structure negotiated by the State through the cooperative bidding process; WHEREAS, the funds for this purchase come from the Information Technology 2020 Capital Budget Project # 31 0701, Task 021 Rugged Computers, in the amount of $276,550.91; and WHEREAS, the cost of each item is set forth in the HP Customer Quote 1255239, attached hereto as Exhibit B. . 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 Five HP EliteBook Computers, Five HP Thunderbolt Docks, One HP S430 Curved Monitor, Twenty- Seven HP Promo Elite Display Monitors, Twenty-Seven HP EliteDisplays, Sixty-Three Getac V110 Webcams, Twenty-Three Getac Docking Stations, Sixty-Three Getac Protection Plus 4 Year Extended Warranties in lieu of the internal competitive bid process, by using the State of Colorado Price Agreement 2016-0000-0000-0000-0142/NASPO for a purchase in the total amount of $276,550.91, attached hereto as Exhibit A, and HP Customer Quote 1255239 attached hereto as Exhibit B. Page 197 of 268 2/2 ADOPTED AND APPROVED this 20th day of July, 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 198 of 268 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: Jeromy King Phone: 303.783.6831 Title: Deputy Director of IT Email: jking@englewoodco.gov Vendor Contact Information Vendor Name: HP, Inc Vendor Contact: Paul Galdean Vendor Address: 3800 Quick Hill Road Bldg 2, Suite 100 Vendor Phone: 303.956.6744 City: Austin Vendor Email: paul.galdean@hp.com State: TX Zip Code: 78728 Contract Type Contract Type :Other (describe below) State of Colorado Cooperative Purchase Agreement #2016000000000142NASPO for replacement PD end of life computers with rugged computers. Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: September, 2015 End Date: July, 2021 Total Years of Term: Total Amount of Contract for term (or estimated amount if based on item pricing): $ 276,550.91 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Net 30 when computers arrive Attachments: State of Colorado Cooperative Purchase Agreement for computer purchases Page 199 of 268 Contract Approval Summary V10/25/2017 Page | 2 ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Source of funds: 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 ☒Other: Please describe According to CRS 24-110-201 (5) The State of Colorado allows the city to use the cooperative purchasing agreements that the state has negotiated. We will be using HP, Inc purchasing agreement 2016-0000-0000-0000-0142/NASPO through the state of Colorado. Page 200 of 268 A B C A+B+C D E D+E A+B+C-D-E New Project Fund Bal.Budget .G/L Start Project Carry Fwd.2020 BUDGET Amend REVISED 2020 2020 TOTAL APPROP. Project Task Division PROJECT Year End Date 12/31/2019 Approp.Amendments Notes BUDGET EXPEND.ENCUMB.EXP. AND ENC.BALANCE MUNICIPAL COURT 31 0401 001 0401 Audio/Video System Upgrade 2007 50,000.00 50,000.00 - - 50,000.00 31 0401 002 0401 Furniture 2017 - - - - SUBTOTAL 50,000.00 - - 50,000.00 - - - 50,000.00 INFO TECH 31 0701 001 0703 Network Development 2001 Ongoing 34,306.99 100,000.00 134,306.99 33,533.69 55,449.11 88,982.80 45,324.19 31 0701 003 0703 Fin & HR Systems - Lic/Upgrades/Hardware 2001 Ongoing 22,747.52 (22,747.52) close to fb - - - 31 0701 005 0703 Court System 2001 Ongoing 335,351.28 335,351.28 - 335,351.28 31 0701 006 0703 Permit Tracking System 2001 Ongoing 261,723.73 261,723.73 - 261,723.73 31 0701 007 0703 Departmental PC Replacement 2001 Ongoing 35,490.03 90,000.00 125,490.03 116,425.41 116,425.41 9,064.62 31 0701 008 0703 Security Cameras 2014 Ongoing 42,301.81 10,000.00 52,301.81 9,135.00 44,066.00 53,201.00 (899.19) 31 0701 009 0703 ERP System 2016 Ongoing 218,152.15 218,152.15 43,185.81 43,185.81 174,966.34 31 0701 012 0703 Audio Video Upgrades 2017 Ongoing 54,308.34 54,308.34 - 54,308.34 31 0701 013 0703 Library/Recreation System Upgrades 2017 Ongoing 86,313.25 86,313.25 - 86,313.25 31 0701 015 0703 Tyler Content Manager Document Management 2017 Ongoing 29,100.00 29,100.00 13,083.05 13,083.05 16,016.95 31 0701 017 0703 Software Maintenance - General 2018 Ongoing 29,810.92 (29,810.92) close to fb - - - 31 0701 018 0703 Print Management Program 2019 Ongoing 74,254.26 74,254.26 22,121.82 44,332.69 66,454.51 7,799.75 31 0701 019 0703 Fiber Network 2019 Ongoing 250,000.00 250,000.00 500,000.00 - 500,000.00 31 0701 020 0703 HRIS System 2020 Ongoing - 200,000.00 200,000.00 34,687.50 115,312.50 150,000.00 50,000.00 31 0701 021 0703 Rugged Computers 2020 Ongoing - 400,000.00 400,000.00 - 400,000.00 SUBTOTAL 1,473,860.28 1,050,000.00 (52,558.44) 2,471,301.84 215,903.42 315,429.16 531,332.58 1,939,969.26 PUBLIC WORKS 31 1005 001 1005 Facilities and Operations 2017 In Process 767,874.70 200,000.00 967,874.70 119,261.38 177,138.41 296,399.79 671,474.91 31 1005 009 1005 Security - Civic Center and Rec Center 2017 48,709.09 48,709.09 10,744.13 10,744.13 37,964.96 31 1005 010 1005 Civic Center Roof 2018 625,143.83 625,143.83 81,083.83 81,083.83 544,060.00 31 1005 012 1005 ERC Flat Roof Replacement 2018 116,966.95 116,966.95 116,851.00 116,851.00 115.95 31 1005 013 1005 Tejon Repairs 2019 45,411.72 45,411.72 55,326.12 55,326.12 (9,914.40) 31 1005 014 1005 Malley Center Repairs 2020 20,000.00 20,000.00 20,000.00 SUBTOTAL 1,604,106.29 220,000.00 - 1,824,106.29 174,587.50 385,817.37 560,404.87 1,263,701.42 RECREATION 31 1301 001 1301 Art in Public Places (1%)1999 Ongoing 70,931.18 14,700.00 85,631.18 - 85,631.18 31 1301 002 1301 Skidloader 2017 2,278.52 2,278.52 - 2,278.52 31 1301 003 1301 Emerald Ash Borer Mitigation 2018 50,000.00 50,000.00 - 50,000.00 SUBTOTAL 123,209.70 14,700.00 - 137,909.70 - - - 137,909.70 TOTALS 3,251,176.27 1,284,700.00 (52,558.44) 4,483,317.83 390,490.92 701,246.53 1,091,737.45 3,391,580.38 CAPITAL PROJECTS FUND (MYCP) PROJECT STATUS AND FUND BALANCE REPORT May 31, 2020 FYC 20.xlsx 10:55 AM 6/26/2020Page 201 of 268 6/11/2020 hllps /Iwww bldscolorado Com/C0/portal nsf/xpPn:eAgreementRead xsp’7databaseName:CN:GSSBiDS3/O:CO_STATE||Co%5CPriCeAwd nsfiidocument|dJC?F77E7F0920951E7257ED _201 DD ' Agreement 1:.01 um ASPO State of Colorado Price Agreement Classi?cation:PERMISSIVE Status:Current D_uLa1is2n_Qf_AgLeemenI'. Period Covered:Options: Sep 30,2015 To Jul 31,2021 Option to Renew for U More Year(s) @529 : Computer Equipment,Peripherals 8.Related Services Depanmem of Personnel and Adminismmon State Purchasing Office Commodity Code:2D4DD,2D5DD,2D600,207OO 1525 Sherman Street,3.11 Fioor commodity Denver,CO 80203 Descfip?on;D°5"‘°P5~'-"‘P‘°P5~5"“T“b'e‘5 Greg Draughon at (303)866-4552 email:gregory.draughon@state.co.us v Orderinglcontact Information Small Business:No Minority Owned:No Woman Owned:Yes HP Inc (previously known as Hewlett PackardCompany:Company)Doing Business As: Contact:Lindsey Jackson (Acct Mngr)Contact Email:|rj@hp.com Order Number:1-300-325-2329 Toll Freelcell Number:§l‘;‘l']°_§é7A§ij;:'jfag:?‘3:::f£:;,|?f‘?§“‘“5‘1' Fax:1-800-825-2329 Payment Terms:Net 45 Address:Attn:Public Sector Sales,14231 Tandem Blvd F.O.B.:Destination City,State,ZIP:Austin,TX 78728 Delivery: Quote Email:psorderprocessing@hp.com v How To OrderIAgreement Prices § g gmm State agencies are cautioned to obtain necessary OIT approvals prior to use of this price agreement for IT resources.The de?nition of IT resources and state agencies can be found in §24-37.5-102 CRS. hltps //www bldscolarada Corn/Ea/portal nslIxpPnEeAgreemenlRead xsp’7dalabaseName:CNIGSSBIDS3/O:CO_STATE||Co%5CPrIceAwd nSf&d0cumenl|d:4C?F77E7F?92D951B7257ED100773E?A&1/3 Exhibit A Page 202 of 268 6/11/2020 https /Iwww bldscolorado Com/C0/portal nsf/xpPnI:eAgreementRead xsp’7databaseName:CN:GSSBlDS3/O:CO_STATE||Co%5CPnCeAwd nsfiidocument|dJC?F77E7F0920951E7257ED Ifyou are a State Agency within the Executive Branch,and you wish to purchase an HP Printer,you must contact Teddy Abad with IDS at 303- 866-3881to obtain a Waiver. HP Inc.is authorized under the NASPO Va|uePoint Computer Master Agreement #MNNVP-133 to provide goods and sewices in the following categories: litesktops Laptops tablets Computer Equipment Leasing is now allowed under this price agreement.State Agencies will need to review and complete attachments 1 and 2.Political Subdivision agencies and eligible non-pro?ts will need to review and complete attachments 1 and 2,along with submitting their own Iederal tax ID documentation.The Master Lease Agreement with HPFS incorporated within this amendment has been negotiated for State Agencies only.All other agencies will need to complete a separate Master Lease Agreement with HPFS if applicable.Please see attached amendment for Iurther details. -ORDERINGANDPRICING:HP Inc.and all HP Inc.authorized business partners are listed on the State's landing page on the following website:www.hp.comIbuyIcolorado. Pleasenote:for all purchase orders issued against this contract,the following must be shown on the PO: -ColoradoState contact #2016-0000-0000-0000-0142lNASPO NASPO-Minnesota Master Price Agreement #MNNVP-133. Files:E applicationlpdf 91 KB executed amendment1.pdf E applicationlpdf 728 KB executed hevvlett packard company addendum.pdf E applicationlpdf 2,361 KB 14868344093015-2020MNWN_PC_Agreement_HP INC-Amendment-1.pdf E applicationlpdf 187 KB HP Inc Amendment 3.1 Executed.pdf E applicationlpdf 1.616 KB HP Inc.Amendment 3 HPFS Leaslng Signed and executed.pdf E applicationlpdf 408 KB Attachment 1 HPFS Schedule Document.pdf E applicationlpdf 277 KB Attachment 2 HPFS Acceptance Certi?cate.pdf E applicationlpdf 36 KB 1574277988_2015-2020 MNWN_PC_Agreement_HP INC-Amendment-3.pdf Contract Status:-se|ec1- v Vendor Insurance Certi?cate Expiration Dates Workers‘Comp:General Liability:Other Insurance:Other Insurance Description: Sep 30,2017 Sep 30,2017 Sep 30,2017 Autolumbrella F”°5=[1 appllcatlon/octet-stream 106 KB HP|CO|throughO9302016.docx tlttps //www bldscolorado Corr!/Ea/portal nSIIxpPnI:eAgreemenIRead xsp’7databaseName:CNIGSSBIDS3/O:CO_STATE||Co%5CPrIceAwd nSf&d0cument|d:4C?F77E7F?92D951B7257ED100773E?A&2/3Page 203 of 268 6/11/2020 https /Iwww bldscnlorado com/co/portal nsf/xpPnceAgreementRead xsp’7databsseName: E applicationlpdf 46 KB cert_4_1275114_1 (1 ).pur —GSSBlDS3/O:CO_STATE||Cn%5CPriCeAwd nsfiidocumentlddC?F77E7F0920951E7257ED onal Attachments Files: v Conditions Of Agreement This Agreement results from the following solicitation: Number: Files: Amendments: Amendment Number: Amendment Effective On: Reason For Amendment: Amendment History: hltps //www bldscolarada Corr:/Ea/portal nSlIxpPnI:eAgreemen|Read xsp’7databaseName:CNIGSSBIDS3/O:CO_STATE||Cn%5CPrIceAwd nSf&d0cument|d:4C?F77E7F?92D951B7257ED100773E?A&3/3Page 204 of 268 CORE#20l6*0l42CONTRACTAMENDMENTAmendment#1OriginalContractCMS(CLIN)#84031AmendmentCMS#873011)PARTIESThisAmendmenttotheabove-referencedOriginalContract(hereina?ercalledtheContract)isenteredintobyandbetweenHP.Inc,formerlyknownasHewlettPackardCompany,(hereina?ercalled“ConIrac1Dr”),anddieSTATEOFCOLORADO(hereina?ercalledthe“State")actingbyandthroughtheDepanmentofPersonnel&Administration,StatePurchasingOl?ce,(hereinaltercalledthe"SPO").2)EFFECTIVEDATEANDENFORCEABILITYThisAmendmentshallnotbeeffectiveorenforceableuntilitisapprovedandsignedbytheColoradoStateControllerordesigree(hereinaftercalledthe“EffectiveDate”).TheStateshallnotbeliabletopayorreimburseContractorforanyperformancehereunderincluding,butnotlimitedto,costsorexpensesincurred,orbeboundbyanyprovisionhereofpriortotheEffectiveDate.3)FACTUALRECITALSHewlettPackardCompanyandtheStateenteredintotheContracttoprovidegoodsandservicesatnegotiateddiscountedpricesundertheNASPOValuePointPriceAyeementsforComputers,No.MNNVP-133andMNWNC-115.HewlettPackardCompanylegallychangedthenameofthecompanyeffectiveNovemherI,2015.BythisAmendment#1,theContractor‘:namewillbechangedtoHP,Inc.4)CONSIDERATIONThePartiesacknowledgethatthemutualpromisesandcovenantscontainedhereinandothergoodandvaluableconsiderationaresuf?cientandadequatetosupportthisAmendment..5)LIMITSOFEFFECTThisAmendmentisincorporatedbyreferenceintotheContract,andtheContractandallprioramendmentsthereto,ifany,remainin?rllforceandeffectexceptasspeci?callymodi?edherein.6)MODIFICATIONS.TheContract.ParticipatingAddendum,exhibitsandallprioramendmentsthereto,ifany,aremodi?edasfollows:ContractornameshallhechangedtoHPInc.whereverHewlettPackardCompanyappears‘7)STARTDATEThisAmendmentshalltakeeffectonthelaterofitsEffectiveDateorNovemberI,2015.8)ORDEROFPRECEDENCEExceptfortheSpecialProvisions,intheeventofanyconilict,inconsistency,variance,orcontradictionbetweentheprovisionsofthisAmendmentandanyoftheprovisionsoftheContracttheprovisionsofthisAmendmentshallinallrespectssupersede,govem,andcontrol.ThemostrecentversionofdieSpecialProvisionsincorporatedintotheContractoranyamendmentshallalwayscontrolotherprovisionsintheContractoranyamendments.9)AVAILABLEFUNDSFinancialobligationsofthestatepayablea?erthecunerrt?scalyeararecontingentuponfundsforthatpurposebeingappropriated,budgeted,orotherwisemadeavailable.Page1Page 205 of 268 CORE#20I6*0142THEPARTIESHERETOHAVEEXECUTEDTHISAMENDMENT*PersonssigningforContractorherebyswearnnnnrrmnthattheyareauthorizedtoletonConn-a:lnr’shehnlfandacknowledgeamthesumisrelyingontheirrepresentationstothate?ect.CONTRACTORHPInc.(FormerlyknownasHewlettPackardCompany)Bl/1jéDate:1/21/2016STATEOFCOLORADOSTATEOFCOLORADOJohnW.Hickenlooper,GOVERNORJohnW.Hickenlooper,GOVERNORGovernorsOfficeofInformationTechnologyDepartmentofPersonnelandAdministrationSumaNallapati,fTechnologyandStateJuneTaylor,ExecutiveDirectorBy:By:utyChiefInformation0.ndOfficerandChiefFinancialOf?cerContractsDirector¥S_!evenSizemore,OITContractsDirectorDate:Iij:iDate:“hid”ALLCONTRACTSREQUIREAPPROVALBYTHESTATECONTROLLERCRS§24-30-202requirestheStateControllertoapproveallStateContracts.ThisAmendmennotvaliduntilsignedanddatedbelowbytheStateControllerordelegateContractorisnotauthorizedtobeginperformanceuntilsuchtimeifContractorbeginsperformingpriorthereto.theStateofColoradoisnotobligatedtopayContractorforsuchperformanceor(oranygoodsandlorservicesprovidedhereunder.STATECONTROLLERBrclarkBolser,ControllerDelegateClGregGarner,ControllerDelegateElFloyJeffares,ControllerDelegateElJoeWeber,ControllerDelegateElChallonWiner,ControllerDelegatePage2Page 206 of 268 CORE#2016*0l42Page3Page 207 of 268 CMSUS$032COREDOCIDII30150000-0000-DOM-DidiPARTICIPATINGADDENDUMNASPOVaIuePointCOOPERATIVEPURCHASINGPROGRAMComputerEquipmentAdministeredbytheStateofMinnesota(hereinafter“LeadState”)MASTERAGREEMENTMasterAgreementNo:MNNVP-133andMNWNC-115HewlettPackardCompany(hereinafter"Contractor‘)AndStateofColorado(hereinafter“ParticipatingState/Entity"or“State")PA#2016—DO0D-0000-0000-0142INASPO1.Scope:ThisParticipatingAddendum(‘Addendum’)ismadebetweentheStateofColorado.actingbyandthroughthestatePurchasingOffice,ColoradoDepartmentofPersonnel8.Administration(the“ParticipatingState")andHewlettPackardCompany("Contractof")andallowsforpurchaseofthefollowingComputerEqulpmentlserviceszDesktops,Laptops,andTablets.ThisAddendumbetweenContractorandParticipatingState(the“Parties)modi?esandamendstheContract,NASPOVa|uePointMasterAgreementNo.MNWNC-115andMNNVP-133(“MasterAgreement”),betweentheStateofMinnesota("LeadState")andContractorforcomputerEquipment,forusebyStateagenciesandotherentitieslocatedintheParticipatingStateandauthorizedbythatState’sstatutestoutilizeWSCAcontractswiththepriorapprovaloftheState'sChiefProcurementOf?cial.Theoriginalsolicitationcontainstherequirementsandde?nitionsestablishingtheProductBandsallowedontheMasterAgreement.TheMasterAgreementidenti?esthebandsawardedtotheContractVendor,eligibleforpurchaseunderthisAddendumtoinclude:Band1—Desktop;Band2—Laptop;and,Band3-Tablet.Thecon?gurationlimitsandrestrictionsfortheMasterAgreementareprovidedwithrevisionsidenti?edbytheParticipatingStateinthisParticipatingAddendum.2.Participation:i.Useofspeci?cNASPOVALUEPOINTcooperativecontractsbyagencies.politicalsubdivisions,registerednon-pro?torganizations,andotherentities(includingcooperatives)authorizedbyParticipatingState'sstatutestouseStateofColoradocontractsissubjecttothepriorapprovaloftherespectiveStateChiefProcurementOfficial.IssuesofinterpretationandeligibilityforparticipationaresolelywithintheauthorityoftheStateChiefProcurementOf?cial,ii.IndividualCustomer.EachParticipatingState'sagency,politicalsubdivision,andregisterednon-pro?torganizationisanOrderingEntity,asde?nedin§2DEFINITIONSofExhibitAtotheAddendum,andwillbetreatedasifitisanindividualcustomer.Excepttotheextentmodi?edbythisAddendum,eachagency,politicalsubdivisionandregisterednonpro?torganizationwillberesponsibletofollowthetermsandconditionsoftheMasterAgreement;andeachwillhavethesamerightsandresponsibilitiesforitspurchasesastheParticipatingStatehasundertheContract.Eachagency.politicalsubdivisionandregisterednonpro?torganizationwillberesponsibleforitsowncharges,fees,andliabilities.Eachagency.politicalsubdivisionandregisterednonpro?torganizationwillhavethesamerightstoanyindemnityortorecoveranycostsallowedinthecontractforitspurchases.TheContractorwillapplysuchchargestoeachOrderingEntityindividuallyandtheStateshallnotbeliableforanyotherorderingentity'scharges.3.OrderofPrecedence:i.ParticipatingState’sParticipatingAddendum(“PA”);ParticipatingState’sParticipatingAddendumIRev06,0]/I5Page 208 of 268 CMS4434032COREDOClDllzolsoootmixxmooo-DI42shallnotdiminish,change,orimpacttherightsoftheLeadStatewithregardtotheLeadState'scontractualrelationshipwiththeContractorundertheTermsoftheMinnesotaNASPOValuePointMasterAgreementII.MinnesotaNASPOValuePointMasterAgreement(includesnegotiatedTerms&Conditions)iii.TheSolicitationincludingallAddendums;andIv.Contractor'sresponsetotheSolicitation.Thesedocumentsshallbereadtobeconsistentandcomplementary.Anycon?ictamongthesedocumentsshallberesolvedbygivingprioritytothesedocumentsintheorderlistedabove.ContractortermsandconditionsthatapplytotheMasterAgreementareonlythosethatareexpresslyacceptedbytheLeadStateandmustbeinwritingandattachedtotheMasterAgreementasanExhibitorAttachment.Noothertermsandconditionsshallapply,includingtermsandconditionslistedintheContractor’sresponsetotheSolicitation,ortermslistedorreferencedontheContractor'swebsite,intheContractorquotation/salesorderorinsimilardocumentssubsequentlyprovidedbytheContractor.Thesolicitationlanguageprevailsunlessamutuallyagreedexceptionhasbeennegotiated.4.ParticipatingstateModi?cationsorAdditionstoMasterAgreement:ThefollowingchangesshallbemadetotheMasterAgreementwithrespecttoContractor'sperformancepursuanttothisAddendum:I.Thesemodi?cationsoradditionsapplyonlytoactionsandrelationshipsbetweentheexecutingParticipatingStateandtheContractorandareaddressedinExhibitAoftheParticipatingAddendum.incorporatedhereinandattachedhereto.ii.MasterAgreement,ExhibitA,PartC.MinnesotaTermsandConditions.shallbereplacedinitsentiretybyCo|orado’sExhibitA.5.PrimaryContacts:Eachindividualidenti?edbelowistheprincipalrepresentativeofthedesignatingParty.AllnoticesrequiredtobegivenhereundershallbedeliveredtosuchParty'sprincipalrepresentativeornamedsuccessorattheaddresssetforthbelow.Inadditionto,butnotinlieuofahard-copynotioe,noticemayalsobesentbye-mailtotheemailaddresses,ifany,setforth.EitherPartymayfromtimetotimedesignatebywrittennoticesubstituteaddressesorpersonstowhomsuchnoticesshallbesent.NoticestoOrderingEntitiesshallbeasprovidedforintheOrderacceptedbytheContractor.Unlessotherwiseprovidedherein,allnoticesshallbeeffectiveuponreceipt.TheprimarycontactindividualsforthisParticipatingAddendumareasfollows(ortheirnamedsuccessors):QontractorNameDebraLeeAddress442SwanB|vd.,Deer?eld,IL60015Telephone847-537-0344Fax847-572-1336E-mailDeba.lee@hp.comParticioatinEntiyNameTaraLarwickAddress1525ShermanStreet,3"Floor,Denver,CO80203Telephone303-866-4552FaxE—maiItara.|arwick@state.co.usRev06/01/15toPage 209 of 268 CMS534032COREDOCIDitz0l laz6.PartnerUtilization:TheContractormayuseSubcontractorstoperformsomeofitsdutiesandobligationsunderthisAddendum.However,onlythoseapprovedbytheStatemaybedeployed.TheContractorwillberesponsibleforanyagreementswithsuchSubcontractors.TheStateofColoradoisnotagreeingto,andisnotresponsiblefor,anytermsandconditionswithSubcontractors.TheContractorsdutiesandobligationswillbeinaccordancewiththetermsandconditionssetforthintheMasterAgreementregardlessofContractor'suseofSubcontractors.ContractorshallprovidewrittennoticetotheParticipatingStatewithrespecttoanychangestolistingavailablefortheStateofColoradoandshallobtainwrittenapprovalfromtheParticipatingState,whichapprovalshallnotbeunreasonablywithheld,priortoaddingadditionalnamestotheauthorizedlistofresellersandserviceproviders.Contractorhastwo(2)distinctServicingSubcontractorPrograms:(1)theResellerAgentProgram;and(2)theFul?llmentSubcontractorProgram.BothareavailabletoauthorizedPurchasingEntitiestoselectfromunderthisParticipatingAddendum.A.ResellerAgentProgram:UndertheResellerAgentProgramthepurchaseorder(“Order”)ismadeouttoHewlettPackardCompany(HP).HPful?llsandshipstheOrdertothePurchasingEntityandinvoicesthePurchasingEntitydirectly.TheResellerAgentsprovidespre—andpost»salessupport.Pre-andpost-salessupportincludes,butisnotlimitedto,providingadviceonspeci?cations.quotes,assistinescalationoforder(s),andreturns.TheauthorizedResellerAgent(s)underthisContractarelistedontheHPEParticipatingState/Entitylandingpageatwww.hg.comlbuylNA§POVP-Pg.OrdersandpaymentareissuedbythePurchasingEntitydirecttoHPEundertheResellerAgentProgram.TheResellerAgentHPEAuthorizationNumbermustbelistedinallquotesandrelatedOrderactivitiesforsalesandtrackingpurposes.OrdersmustincludetheParticipatingState/EntityContractNumber.HPEOrderinformation,includingtheHPEremittanceaddress,isavailableintheInformationCenterlocatedattheHPEwebsitewww.hg.comlbu1/NASPOVP-PC4.B.FulfillmentSubcontractorProgram:UnderthisFul?llmentSubcontractorProgramthepurchaseorder(‘Order")ismadeouttothenamedFul?llmentSubcontractor.TheFul?llmentSubcontractorreceivestheOrder(s)andinvoicesthePurchasingEntitydirectly,inadditiontohandlingallOrdertrackingandescalationsandofferingpre-andpost-salessupport.TheauthorizedFul?llmentSubcontractor(s)forreceiptofOrdersfromParticipatingEntitiesunderthisContractarelistedontheHPEParticipatingState/Entitylandingpageatwww.hg.comIbuy/NASPOVP-P94.OrdersandpaymentareissuedbythePurchasingEntitydirecttothenamedFul?llmentSubcontractorundertheFul?llmentSubcontractorProgram.OrdersmustincludetheParticipatingState/EntityContractNumber.7.TermsandConditions:TheParticipatingState/EntityisagreeingtothetermsoftheMasterAgreementonlytotheextentthetermsarenotincon?ictwithapplicablelaw.ThisAddendumandtheMasterAgreement,togetherwiththeirrespectiveexhibits,setforththeentireagreementbetweentheParties,supersedingallpreviouscommunications,representationsoragreements,whetheroralorwritten,withrespecttothesubjectmatterhereof.Tennsandconditionsinconsistentwith,contraryto,orinadditionto.thetermsandconditionsofthisAddendumandtheMasterAgreement.togetherwiththeirexhibits.shallnotbeaddedtoorincorporatedintothisAddendumanditsexhibitsbyanysubsequentOrderandanysuchattemptstoaddorincorporatesuchtermsandconditionsarevoid.ThetermsandconditionsofthisAddendumandtheMasterAgreementshallprevailandgoverninthecaseofanysuchinconsistentoradditionalterms.asappliedtotheParticipatingState.3Rev06r0l/I5Page 210 of 268 CMsItH4032COREDOCID#ml DI428.Orders:i.AnyOrderplacedbyaParticipatingStateorOrderingEntityforaGoodand/orServiceavailableundertheMasterAgreement,shallbedeemedtobeasaleunderandgovernedbythepricesandothertennsandconditionsoftheMasterAgreement,unlessthepartiestotheOrderagreeinwritingthatanotherContractoragreementappliestosuchOrder.AdditionalrequirementsforOrdersaresetforthin§4,STATEMENTOFWORK,ofExhibitAtothisAddendum.ii.AllOrdersissuedbyOrderingEntitiesasde?nedinthisAddendumshallstatetheAddendumNumber:201$0000-D000-0000-0142lNASPOandtheMasterAgreementNumber:MNNVP-133.ill.Contractor'spricingsheetsshallbelocatedatthefollowingwebaddress:www.hg.com/buy/NASPOVP-PC4.9.Separation:NeitherPartymay,norwillithavethepowerto,assignornovatethisParticipatingAddendumwithouttheconsentoftheother,providedthatParticipatingState/EntityapprovestheassignmentofthisParticipatingAddendumtoHewlettPackardCompany'ssuccessor-in-interest,HPInc.inconnectionwiththeHPSeparation.AnyreferencetoHewlett-PackardCompanyinthisParticipaingAddendumwillbedeemedtobeareferencetoHPInc.followingHPSeparation.HPSeparationmeansanytransactionorrestructureassociatedwiththeproposedseparationofHewlett-PackardCompanyintotwopubliclytradedcompanies,asannouncedbyHewIett~PackardCompanyonOctober6,2014.ThisParticipatingAddendumisbasedonMasterAgreementNo.MNWNC>115untilNovember1,2015.InaccordancewiththeAssignmentAgreement,asofNovember1,2015,thisParticipatingAddendumisassignedtoMasterAgreementNo.MNNVP-133.10.PartIcIpgtIngAddendgm:Totheextentapplicable,thisAddendumiseffectiveandwillreplaceandsupersedetheexistingParticipatingAddendumbetweenContractorandParticipatingState/EntityundertheWSCAMasterPriceAgreementNumberB27164,asofthe?rstbusinessdayofthemonthfollowingthefullexecutionofthisParticipatingAddendumbelow.THERESTOFTHISPAGEINTENTIONALLYLEFTBLANK4Rev06/01/15Page 211 of 268 CM§at84032COREDOClD'lzlJIt'>0m(><XltKHxm-ol¢2INWITNESSWHEREOF,thepartieshaveexecutedthisAddendumasofthedateofexecutionbybothpartiesbelow.‘Parsonssigns;rofcontraelorherebywearandaftirrnthattheyareauthorizedtoactonContractor‘:hahaltandacknowledgethattheParrieipatingstateisrelyingontheirrepresentationstooutafloat.Contractor:HewlettPackardCompanyParticipatingState:StateofColorado,'DepartmentofPersonnel8.Administration,StatePurchasingOf?ceBy:(Signature)Name:ElCindyLombardi,StatePurchasingandContractDirectorRmollyRandol,StrategicSourcingManagerDate:Li/fParticipatingState:StateofColorado,GovernorsOf?ccofInformationTechnologyElBrendaBerlin,DeputyChieflnformatienOf?cerndChiefFinancialOf?cerbétevenSizemore,OlTContractsDirector\Date:a((IRS§24oo-202requirestheStateControllertoapproveallStateContracts.ThisAddendumisnotvaliduntilsignedanddatedbelowbytheStateControllerordelegate.Contractorisnotauthorizedtobeginperformanceuntilsuchtime.itContractorbeginsperformingpriorttrereto,thestateotColoradoisnotobligatedtopayContractoriorsuchperformanceorforanyGoodsandlorServicesprovidedhereunder.ParticipatingState:StateofColorado,DepartmentofPersonnel&Administration.StateController'sOf?ceBy:(Signature)Controller(orDelegate)ElClarkBolser,ControllerDelegate[3GregGarner,ControllerDelegateElFloyJeffares.ControllerDelegateElJoeWeber,ControllerDelegateDate:RcvD601l5Page 212 of 268 CMS35E4032COREDOCIDit2aI I42EXHIBITAToParticipatingAddendumbetweenSTATEOFCOLORADO,StatePurchasingOfficeandHewlettPackardCompanyTABLEOFCONTENTS1.RECITALS..2.DEFINITIONS3.TERM......4.STATEMENTOFWORK......5.TAXESandPAYMENTSTOCONTRACTOR6.REPORTING-NO11FICATION7.CONTRACTORRECORDS8.CONFIDENTIALINFORMATION-ORDERINGENTITYRECORDS9.CONFLICTSOFINTEREST.10.REPRESENTATIONSANDWARRANTIES.11.INSURANCE12.BREACH..13.REMEDIES14.GOVERNMENTALIMMUNITY15.STATEWIDECONTRACTMANAGEMENTSYSTEM16.GENERALPROVISIONS................17.FEDERALFUNDINGACCOUNTABILITYANDTRANSPARENCYACTOF2004(“FFATA"18.COLORADOSPECIALPROVISIONSEXHIBIT1-SAMPLEOPTIONLE'I'|'EEXHIBIT2—SAMPLESUMMARYCONTRACTORVOLUMEREPOREXHIBIT3—SAMPLECONTRACTORPERFORMANCEEVALUATIONEXHIBIT4—IRSREQUIREMENT1.RECITALSA.Authority,Appropriation,andApproval.AuthoritytoenterintothisAddendumexistsinCRS§24-102-202,andColoradoProcurementCodeR-24-102-202-01.Requiredapprovals,clearanceand.coordinationhavebeenaccomplishedfromandwithappropriateagenciesoftheParticipatingState.B.Consideration.ThePartiesacknowledgethatthemutualpromisesandcovenantscontainedhereinandothergoodandvaluableconsiderationaresuf?cientandadequatetosupportthisAddendum.C.PurposeI.ContractorisauthorizedtoprovideComputerEquipmentunderthisAddendum.ThisAddendumauthorizesthepurchaseofsuchGoodsand/orServices,inaccordancewiththetermsofOrdersissuedpursuanttothisAgreementbyeligibleOrderingEntitieswithintheStateofColorado.TheStatePurchasingOfficehasenteredintothisAddendumpursuanttotheawardissuedContractorasaresultofSolicitation#MNWNC-13310establishtheprice6Rev06/OI/15Page 213 of 268 CMSHN032COREDOClDlf1oI l4zandtermsforpurchaseofGoodsand/orServiceswithintheStateofColoradobyStateAgencies(SA),InstitutionsofHigherEducation(IHE),PoliticalSubdivisions(PS),eligibleNon-Pro?tOrganizations(NPO),andothereligibleentities(includingcooperatives,collectivelyreferredtoasthe"OrderingEntities,"de?nedin§2,Deflnltlons,below).if.ExceptwithrespecttoanyOrdersplacedbyitunderthisAddendum,theStateDepartmentofPersonnel&AdministrationshallnotbeliabletotheContractorasasignatorytothisAddendumforanybreachbyanOrderingEntityofanypaymentorotherobligationhereinorunderanyOrderorContractforGoodsand/orServicesunderthisAddendum,andtheStateshallnotbeliabletoContractorforanypaymentorotherobligationowedbyanyPoliticalSubdivisionorNon»Pro?tOrganizationorothernon-StateOrderingEntity.Participation.UseofthisAddendumbyOrderingEntitiesthatareauthorizedbyColoradostatutestousethisAddendum,aresubjecttothepriorapprovaloftheStatePurchasingOffice.DeterminationofeligibilityforparticipationinthisAddendumissolelywithinthediscretionoftheChiefProcurementOfficial.References.AllreferencesinthisAddendumtosections(whetherspelledoutorusingthe§symbol).subsections,exhibitsorotherattachments,arecontainedhereinorincorporatedasaparthereof,unlessothemisenoted.2.DEFINITIONSCapitalizedtermsusedhereinshallbeconstruedandinterpretedasfollows:A.C.CelllngPricing.“CeilingPricing‘meansthemaximumpriceContractorisallowedtochargeforGoodsand/orServices.ChiefProcurementOfficial.“ChiefProcurementOf?cial"meanstheDirectoroftheStatePurchasingOf?ce,ColoradoDepartmentofPersonnel&Administration.confidentialInfonnation.‘Con?dentialInformation"meansinformation,data,records,anddocumentarymaterialsbelongingtotheParticipatingStateoranOrderingEntityregardlessofphysicalformorcharacteristics,includingbutnotlimitedtoanynon-publicStateorOrderingEntityrecords,sensitiveStateorOrderingEntitydata,protectedStateorOrderingEntitydata,StateorOrderingEntitypersonnelrecords,personallyidentifiableinformation("PH"),andotherinfonnationordataconcerningindividuals,whichhasbeencommunicated,furnishedordisclosedbytheStateorOrderingEntitytoContractor.Notwithstandingtheforegoing,ConfidentialInformationshallnotincludeStateDataandRecordsorOrderingEntityRecords.contract.“Contract”issynonymouswith“Addendum,”“Agreement”and"PriceAgreement,‘andconsistsofattachmentsandanyOrdersissuedinconnectiontherewith,andanyfuturemodifyingAgreements,exhibits,attachmentsorreferencesincorporatedherein,pursuanttoColoradoStatelaw,FiscalRules,andStateControllerPolicies.ContractFunds.“ContractFunds“meansfundsavailableforpaymentbytheStatetoContractorpursuanttothisAddendumforOrdersplacedbyStateOrderingEntities(StateAgencies,InstitutionsofHigherEducationandOtherStateDepartments).Deliverable."Deliverable"meanstheoutcometobeachievedoroutputtobeprovided,inthefonnofatangibleorintangibleobjectthatisproducedasaresultofContractor'sWorkthatisintendedtobedeliveredtotheOrderingEntitybyContractor.ExamplesofDeliverablesinclude,butarenotlimitedto,report(s),document(s).serverupgrade(s),softwarelioense(s),andmaybecomposedofmultiplesmallerDeliverables.EnvironmentallyPreferable."EnvironmentallyPreferable‘meansproductsorServicesthathavealesserorreducedadverseeffectonhumanhealthandtheenvironmentwhencomparedwithcompetingproductsorServicesthatservethesamepurpose(CR5§24-103-207.5,May21,2007).Evaluation.“Evaluation”meanstheprocessofexaminingContractorsWorkandratingitbasedoncriteriaestablishedin§4(StatementofWork)and§15(StatewideContractManagementSystem).ExhibitsandOtherAttachments.Thefollowingdocumentsareattachedheretoandincorporatedbyreferenceherein:Exhibit1(sampleOptionLetter),Exhibit2(SampleSummaryContractor7RevD6/0|/I5Page 214 of 268 CMSII34032COREDOCllllldml lA1VolumeReport),Exhibit3(SampleContractorPerformanceEvaluation),andExhibit-1(IRSRequirement).FiscalYear.“FiscalYear’meanstheParticipatingState'sFiscalYear.whichbeginsonJuly1ofeachcalendaryearandendsonJune30ofthefollowingcalendaryear.Goods.“Goods”meanstangiblematerialacquired,produced,ordeliveredbyContractoreitherseparatelyorinconjunctionwithServicestheContractorrenders.InstitutionofHigherEducation(IHE).“InstitutionofHigherEducation"meansauniversityorcollegelocatedintheStateofColorado,whichissupportedbytheParticipatingState.LlcensedSoftware.“LicensedSoftware‘meanssoftwarethatislicensedbyContractortotheOrderingEntitythroughtheexecutionofaseparatelicenseagreementthatcontainstermsandconditionsthatareacceptabletotheOrderingEntity.Non—ProfItOrganization(NPO).‘Non-ProfitOrganization"meansentitiesthathave501(c)(3)statusundertheUSInternalRevenueCode,arerecognizedas"ingoodstanding"bytheColoradoSecretaryofStateof?ce,andreceivefundingfromfederal,state,orlocalgovernmentalsourceswithwhichtomakepurchases.ANPOmustsubmitanannualapplicationandbeapprovedbytheStatePurchasingOfficetomakepurchasesfromMasterAgreementContractors(asde?nedintheNASPOValuePointMasterAgreement).OpenSource.“OpenSource”meanssoftwareforwhichtheoriginalsourcecodeismadefreelyavailableandmayberedistributedandmodi?edwithoutpermissionfromContractororanyotherindividualorentity.Order.“Order'meansanypurchaseorder,deliveryorder.contract,orotherauthorizedcommitmentvoucherusedbyanOrderingEntitytoOrdertheGoodsorServicespricedintheAddendum.AnOrderamendedconsistentwiththerequirementsofanyOrderingEntityshallalsobegovernedbythesametermsandconditionspresentedinthisAddendum.OrderlnEntlty.‘OrderingEntity"meansaColoradoStateAgencyintheExecutiveBranchofColoradoStategovernment;anOtherStateDepartment;anInstitutionofHigherEducation,aPoliticalSubdivision,aneligibleNon-Pro?tOrganization,andanyotherentity(includingacooperative)authorizedbyColoradostatutesandtheSP0toplaceOrderswithContractor.OrderingEntityRecords.“OrderingEntityRecords”meansinformation.data,records.anddocumentarymaterialsbelongingtoanOrderingEntityregardlessofphysicalformorcharacteristics,includingbutnotlimitedtoanypublicOrderingEntityRecords.non-sensitiveOrderingEntitydata,andotherinformationordataconcerningindividualsthatisnotdeemedcon?dentialbutneverthelessbelongstoanOrderingEntity,whichhasbeencommunicated.furnishedordisclosedbyanOrderingEntitytoContractorwhich(I)issubjecttodisclosurepursuanttotheColoradoOpenRecordsAct,CRS§24-72-200.1,etseqisalreadyknowntoContractorwithoutrestrictionsatthetimeofitsdisclosurebyContractor,(isorsubsequentlybecomespubliclyavailablewithoutbreachofanyobligationowedbyContractortoanOrderingEntity;(Iv)isdisclosedtoContractor,withoutcon?dentialityobligations,byathirdPartywhohastherighttodisclosesuchinformation;or(v)wasindependentlydevelopedwithoutrelianceonanyCon?dentialInformation.otherstateDepartments.“OtherStateDepartments”meanstheDepartmentofLaw,theStateTreasurer,theJudicialDepartment.theSecretaryofState,theStateLegislatureandanyotherStateOrderingEntitiesthatarenotgovernedbytheStateProcurementCode.PartyorParties.“Party”meansmeParticipatingStateorContractor,and“Parties"meansboththeStateandContractor.8Rev06/0]/I5Page 215 of 268 CMS¥N032COREDOCIDII2ole nI42U.PoliticalSubdivision(PS)."Po|itica|Subdivision"meansanynon-Stategovernmentalentitysuchascities,towns,counties,andspecialdistrictssuchasschool,?re,water,transportation,etc.operatingwithintheStateofColorado.V.Revlew.‘Review’meansexaminingContractorsWorktoensurethatitisadequate.accurate.correctandinaccordancewiththecriteriaestablishedin§4(StatementofWork),§15(StatewideContractManagementSystem),andinanyOrder.W.Servlces.“Services”meansthelaborrequiredtobeperformedbyContractorpursuanttothisAddendumandanOrder.X.StateAgencies.“StateAgencies"meansthedepartments,divisions,commissions,boards,bureausandinstitutionsintheexecutn/ebranchofColoradoStategovernment(whichdonotincludetheJudicialDepartment,DepartmentofLaw,theSecretaryofState,theStateTreasurer,theStateLegislature,State—supportedInstitutionsofHigherEducation;ColoradoPoliticalSubdivisionsorNon-Pro?tOrganizations,orothernon-StateOrderingEntities).Y.StateDataandRecords.‘StateDataandRecords“meansinformation,data,records,anddocumentarymaterialsbelongingtotheParticipatingStateregardlessofphysicalformorcharacteristics,includingbutnotlimitedtoanypublicParticipatingStaterecords,non-sensitiveStatedata,andotherinformationordataconcerningindividualsthatisnotdeemedcon?dentialbutneverthelessbelongstotheState,whichhasbeencommunicated,furnishedordisclosedbytheStatetoContractorwhich(i)issubjecttodisclosurepursuanttotheColoradoOpenRecordsAct,CRS§24-72-200.1,etseq.,(II)isalreadyknowntoContractorwithoutrestrictionsatthetimeofitsdisclosurebyContractor;(III)isorsubsequentlybecomespubliclyavailablewithoutbreachofanyobligationowedbyContractortotheState;(IV)isdisclosedtoContractor,withoutcon?dentialityobligations,byathirdPartywhohastherighttodisclosesuchinformation;or(V)wasindependentlydevelopedwithoutrelianceonanyCon?dentialInformation.Z.stateOrderingEntities.“StateOrderingEntities"meansStateAgencies,Institutions’ofHigherEducation,andOtherStateDepartments,AA.StatePurchaslngOf?ceorSPO.“StatePurchasingOflice'or“SPO”meanstheColoradoStatePurchasingOf?ce.aunitoftheColoradoDepartmentofPersonnel&Administration.BB.StatementofWork(sow)."StatementofWork”(SOW)meansaformaldocumentthatcapturesandde?nestheworkactivities,deliverables.andtimelineContractormustexecuteinperformanceofspeci?edworkforOrderingEntity.TheSOWusuallyincludesdetailedrequirementsandpricing.withstandardregulatoryandgovernancetermsandconditionscc.Subcontractor."Subcontractor"means,intheeventsubcontractingbytheContractorisauthorized.athirdParty,ifany,engagedbyContractortoaidinperformanceofitsobligationsunderthisAddendum.DD.UserEquipment.“UserEquipment"meansanyhardware,software,equipment,orotherproductsavailableunderthisAddendum.EE.Work.“Work”meanstheGoodsandassociatedServicesContractorisrequiredtoprovidetoful?llitsobligationsunderthisAddendumandeachOrder.FF.WorkProduct.“WorkProduct”meansthetangibleorintangibleresultsofContractorsWork.includingbutnotlimitedto,software,exceptforpre-existingintellectualproperty,research,reports,studies,data,photographs,negativesorother?nishedorun?nisheddocuments,drawings.models,sunleys,maps,materials,ordocumentsofanytype,includingdra?swhicharepreparedbyContractorunderthisAddendum.3.TERMA.InitialTerm-WorkCommencement.TheParties’respectiveperfonnancesunderthisParticipatingAddendumshallcommenceonthelaterofeithertheEffectiveDateorApril1,2015,ThisParticipatingAddendumshallterminateonMarch31,2017,unlessterminatedsooner,asspeci?edin§13(Remedies).orextendedfurtherasspeci?edin§3.Cbelow.9Rev06!0l/I5Page 216 of 268 CMSJA34031COREDOClDlllure-wotnlooo-000t:~ol4zB.OrderTerms.OrdersshallbeplacedconsistentwiththetermsofthisParticipatingAddendumduringthetenspeci?edabove.OrdersmustbeplacedpursuanttothisParticipatingAddendumpriortotheterminationdatehereof,butmayhaveadeliverydateorperformanceperioduptoone-hundredandtwenty(120)dayspastthethen—currentterminationdateofthisParticipatingAddendum.NotwithstandingtheexpirationorterminationofthisParticipatingAddendum,theContractoragreestoperforminaccordancewiththetermsofanyOrdersoutstandingatthetimeofsuchexpirationortermination.ParticipatingAddendumprovisionsrequiredtoimplementandgovernOrderperformanceshallsurviveParticipatingAddendumterminationuntilalloutstandingOrdershavebeencompletedorterminatedinaccordancewiththisParticipatingAddendum.0.State’sOptiontoExtendl.TheParticipatingStateshallhavetheoptiontounilaterallyrequirecontinuedperformanceoftheContractorforuptothreeconsecutiveperiodsofuptoone(1)yeareachatthesameratesandsametermsspeci?edintheParticipatingAddendumorasamended.IftheParticipatingStateexercisesitsoption(s),itshallprovidewrittennoticetoContractorpriortotheendofthecurrentContractterminatownsubstantiallyequivalenttoExhibit1(SampleOptionLetter).Ifexercised,theprovisionsoftheOptionLettershallbecomepartof,andbeincorporatedinto,thisAddendum.ThetotaldurationofthisAddendum,includingtheexerciseofanyoptionsunderthisclause,shallnotexceedfive(5)years.ll.ContinuationofthisParticipatingAddendumbeyondtheinitialtermisaParticipatingStateoptionandnotarightoftheContractor.TheParticipatingStateshallexercisethisoptiononlywhensuchcontinuationisclearlyinthebestinterestoftheState.lftheNASPOValuePointMasterAgreementisextendedbeyondtheoriginalfive(5)yearterm,theParticipatingState.uponauthorizationfromtheStatePurchasingDirector,maychoosetoextendco-terminouslyinaformsubstantiallyequivalenttoExhibit1(SampleOptionLetter).4.STATEMENTOFWORKA.Completion.ContractorshallcompletetheWorkanditsotherobligationsasdescribedhereinandinaccordancewithanyOrderissuedbyanOrderingEntity.TheParticipatingStateshallnotbeliabletocompensateContractorforanyWorkperformedonanOrderplacedpriortotheEffectiveDateorattertheterminationofthisAddendum.Further.theStateshallnotbeheldliabletocompensateContractorforanyWorkperformedonanOrderplacedbyanon-StateOrderingEntity.B.Employees.AllpersonsemployedbyContractororSubcontractortoperformWorkunderthisAddendumshallbeContractorsorSubcontractorsemployee(s)forallpurposeshereunderandshallnotbeemployeesoftheParticipatingStateforanypurposeasaresultofthisAddendum.C.PricingandPriceChangesi.TheSPOreservestherighttopublishanypricingontheStatePriceAgreementsweblocation,forusebyOrderingEntities.ii.PricingthatislistedintheStatePriceAgreementisCeilingPricing.ContractormayofferlowerpricingtoOrderingEnt?ies;likewise,OrderingEntitiesshallhavetheoptiontonegotiatelowerpricingwithContractor.D.Performance.ContractorshallbecomefamiliarwithindividualOrderingEntityrulesandregulations,asidenti?edbyOrderingEntities,regardingprocurementand?scalrules,deliveryrequirements,andotherrelevantprocedures,andshallcomplywithanyExecutiveOrdersoftheGovernoroftheState,andanyotherjudicialoradministrativedecisionsregardingtheStateofColorado.i.CustomerServiceRepresentatives.ContractorshallprovideeachOrderingEntityutilizingtheAddendumwithcontactinformationforcustomerservicerepresentativesassignedtohandlequestionsandresolveallproblemsthatarisewithanyOrders.Servicerepresentativesshallbeavailable,ataminimum,from8:00am.to5:00pm.,MountainTime,MondaythroughFriday(Stateholidaysexcepted).ContractorshallalsoprovidealistofcustomerservicecontactstotheParticipatingState’sprincipalrepresentativeidenti?edin§5oftheAddendumorsuccessor,andshallprovidenoticewhenanyupdatesaremadetothislist.CustomerIDRev06l0l/15Page 217 of 268 VII.VIII.ix.CMSll84032COREDOClDll2nl l42Servicerepresentativesshallbeavailablebyphone(vialocalortollfreenumber).fax,oremailduringtherequiredtimes.Contractorshallalsoprovideanemergencynumberandcontactforafterhoursuse.AllcustomerservicerepresentativesshallhaveonlineaccesstoaccountinformationandbeabletoprovideatimelyresponsetoinquiriesconcerningthestatusofOrders(shippedorpending),delivery,back-Orders,Addendumpricing,categorydiscounts.productavailability,productinformation,accountandbillingquestions,andAddendumcompliancerequirements.Subcontracting.ContractormaysubcontracttoSubcontractorstheperformanceofServicesandsupplyofGoods,howeverContractorshallremaintheprimaryContractorfullyaccountabletotheParticipatingStateforassuringthatitsSubcontractorscomplywiththetermsofthisAddendum.Reserved.ResolutionofPerforrnanceIssues.OrderingEntitieshavetheauthorityanddiscretiontoresolveperformanceissueswithContractor.Contractorisrequiredto?rstmeetwiththeOrderingEntityanditspurchasingof?cetoresolveissuesonceanOrderingEntityhasgivennoticeofaperformanceissue.Ifresolutioncannotbereached,thenContractorandtheOrderingEntityshallcontacttheSP0inwritingtorequestassistanceinreachingresolutiontothesatisfactionofallPartiesinvolved.Contractor'sfailuretoprovidesatisfactoryperformanceafterreceivingnoticeofaperformanceissuemaybesuf?cientcauseforOrderingEntitiestogivenoticeofbreachtoContractorandtoterminateOrderstheyhaveplaced.Contractorshallconveyanynoticeofbreachitrece'westotheSP0viaemailwithin?ve(5)businessdaysofreceiptthereof.MarketingNotices.Priortoanydistribution,ContractormustsubmittoSP0foradvancewrittenapprovalallContractormarketingnoticesandliteratureintendedfordistributiontoOrderingEntitiesutilizingtheAddendum.Maintenanceofmailinglistsandtheproductionanddistributionofpre-approvedmarketingnoticesandliteratureistheContractor'sresponsibilityandshallbeatContractor'sexpense.HIPAAa)TheHealthInsurancePanabililyandAccountabilityActof1996(HIPAA)PublicLaw104-191governstheexchangeofcertainhealthdataandtheprivacyandsecurityofcertainhealthinformation.AllWorkperformedbyContractorandanySubcontractorsmustbeincompliancewiththeHealthInsurancePortabilityandAccountabilityActof1996.b)TheOrderingEntityisresponsiblefornotifyingtheContractorinwritingwhenplacingaHIPAA-relatedOrder.HIPAAStandardsIFina|RulesarepostedontheDepartmentofHealthandHumanServices(DHHS)website.Tralnlng.ContractorshallprovidetoOrderingEntitiesatnoadditionalcostallnecessarytrainingonallaspectsofordering,onlineordering,productdelivery,productreturns,andcustomerserviceprocesses.Further,ContractorshallprovideOrderingEntities,asapplicable,trainingandinformationontheuseofproducts.includingtheirenergyef?ciency;newfeatures;opportunitiesformanufacturer/certi?edsetupandtraining;green"EPP";andotherServicesthatareofferedoravailable.Procurementcard.Contractorshallhavethecapabilitytoacceptprocurement‘credit’cards,whenavailable.Contractorshallhaveindustrystandardsecurityprotocolincludingstorageofdata,orderingsecurity,anddata?lesecurity.contractManagement.ContractorshallprovideContractmanagementandsalessupporttotheParticipatingStateandtoeachOrderingEntity.Contractorshalldesignatearepresentative(s)whoshallhaveprimaryresponsibilityformanagementofthisAddendum.ContractorshallnotifytheState'sprincipalrepresentativeidenti?edin§5oftheAddendumorsuccessorofanychangeindesignatedrepresentative(s).Orders.OrderingEntitiesshallplaceOrderswithContractorforGoodsandlorServicesonan"as-needed“basis.OrdersshallbeplacedconsistentwiththetermsofthisAddendumduringthetermspeci?edin§3(Term).EachOrderingEntityshallidentifyandutilizeitsownappropriatepurchasingI1Rev06’0|/I5Page 218 of 268 CMSItE4032COREDOCIDitml ol42procedureanddocumentation.ContractorshallnotbeginWorkwithoutavalidOrdernumber.StateAgencies,State-fundedInstitutionsofHigherEducationandOtherStateDepartmentsshallensurethatnoOrdersareplacedbeforeavalidDeliveryOrderorContractisinplaceandshallcomplywiththepurchasingrequirementsdescribedinStateFiscalRule2-2-4(OrdersforServicesinexcessof$100,000shallutilizeaStateContractandencumbranceofContractFunds),unlessexemptorwa'n/edbytheStateContro||er’sOf?ce.TheStateofColoradoshallnotbeliableforpaymentofOrdersplacedbynon-StateOrderingEntitiesandContractorshallnotseekcompensationfromtheStateofColoradoforsuchOrders.ContractorshallfurnishallcommunicationsconcerningadministrationofOrderssolelytothepurchasingof?cerwithintherelevantOrderingEntity’spurchasingof?ce,ortosuchotherindividualidentifiedinwritingintheOrder.AllOrdersandContractorinvoicesforGoodsand/orServicesissuedpursuanttothisAddendum.ataminimum.shallinclude:I.Orderdate,whentheOrderisbeingplacedbytheOrderingEntity,ii.AbriefdescriptionoftheGoodsand/orServicesbeingpurchased,includinglineitemdescriptions,itemnumbers,quantityordered;quantitytobeincludedinshipments,unitcosts.rates(whenapplicable),andtotals,III.Thelocation(deliveryaddress)andrequestedtimeofdeliveryorperformance,iv.Thebillingaddress,v.ThecompletenameoftheOrderingEntity.includingthename,phonenumber,andaddressoftheOrderingEntity'spurchasingof?oerorrepresentative,vi.TheStateofColoradoAddendumNumber:2016-0000-0000-0000-0142INASPO,andvii.TheNASPOVaIuePointMasterAgreementNumber:MNWNC-133.Delivery.Unlessotherwiseagreedinwriting,anyGoodsandlorServicesorderedpursuanttothisAddendumshallbedeliveredfreightonboard(F.0.B.)destinationtothelocationspeci?edintheOrder.TheOrderingEntityshallnotbedeemedtohaveacceptedanyGoodsand/orServicesuntilsuchhasbeeninspectedinaccordancewithOrderspeci?cationsandareacceptedbytheOrderingEntity.TitletoGoodsshallpasstotheOrderingEntityortheleasingcompanyinthecaseofalease,uponacceptanceofdelivereditems.ForcedSubstitutions.Forcedsubstitutionsarenotallowed.IfanorderedGoodisoutofstock.theContractorshallnotifytheOrderingEntityinwriting(emailisacceptable)andrequestpriorapprovalbeforesubstitutingfortheout-of-stockitem.ContractorsrequesttosubstitutemustexplainhowthesubstitutedGoodcompareswiththeout-of-stockitem.IfaGoodisdiscontinued,ContractormustprovideawrittensubstitutionpolicyandnotifytheParticipatingState'sprincipalrepresentativeidenti?edin§5oftheAddendumorsuccessorofthepolicyandchange.AnysubstitutionofferedmustremainwithinthescopeofthisAddendum.TerminationofanOrderbyOrderingEntities.AnOrderingEntitythroughitsdesignatedprocurementof?cerorotherauthorizedrepresentative,mayterminateanOrderfordefault,whichshallnotterminatethisAddendum,withoutadditionalnoticeofterminationfromtheParticipatingState.Suchterminationshallbegovernedbythis§4.H.i.Default3)IfContractorrefusesorfailstoperformanyofitsobligationsundertheprovisionsofanOrder,withsuchdiligenceaswillensureitscompletionwithinthetimespeci?edintheOrder,theOrderingEntity‘sprocurementofficermaynotifyContractorinwritingofthenon-performance.b)Ifsuchbreachisnotcorrectedwithinthirty(30)daysofissuanceofnotice,orif.duetoContractorsactionsorinaction’s,performancewouldbeofnovaluetotheOrderingEntily.theprocurementofficermayterminateContractorsrighttoproceedwiththeOrderorsuchpartoftheOrderastowhichtherehasbeensuchdelayorafailuretoproperlyperform.ContractorshallcontinueperformanceoftheOrdertotheextentitisnotterminated.l2Rev06/01/I5Page 219 of 268 iv.EMSfl8-SD32COREDOCIDII2ol l42Contractor’sDutles.NotwithstandingterminationoftheOrder,andsubjecttoanydirectionsfromtheprocurementof?cer,Contractorshalltaketimely,reasonable,andnecessaryactiontoprotectandpreservepropertyinthepossessionofContractorinwhichtheOrderingEntityhasaninterest(ifany).Compensation.TheOrderingEntitymaywithholdamountsduetoContractorastheprocurementofficerdeemsnecessarytoprotecttheOrderingEntityagainstlossbecauseofoutstandingliensorclaimsofformerlienholdersandtoreimbursetheOrderingEntityfortheextracostsincurredinprocuringsubstituteGoodsand/orServices.ErroneousTerminationforDefaultbyaStateOrderingEntlty.IfafternoticeofterminationofContractor'srighttoproceedundertheprovisionsofthis§4.H.itisdeterminedforanyreasonthatContractorwasnotinbreachundertheprovisionsofthissection.orthatthedelaywasexcusable,therightsandobligationsoftheStateOrderingEntityandtheContractorshallbethesameasifthenoticeoftennina?onhadbeenissuedpursuanttoterminationforthepublicinterest§4.H.v.below.TerminationofanOrderforthePublicinterest.Unlessotherwiseagreed.aStateOrderingEntityprocurementofticer,whentheinterestsoftheParticipatingStatesorequire,mayterminateanyOrder,inwholeorinpart,forthepublicinterestoftheState,providedonlythatsuchterminationwillnotrelievetheStateOrderingEntityfromitsobligationswithrespecttoanyGoodsandlorServicesalreadydeliveredtoorusedbysuchOrderingEntity.Theprocurementof?cershallgiveatleastthirty(30)dayspriorwrittennoticeoftheterminationtoContractor,specifyingthepartoftheOrderterminatedandwhenterminationbecomeseffective.TerminationforthepublicinterestofalloranyportionofanOrdershallnotconstituteabreachofthisAddendumbyanOrderingEntityortheParticipatingState.a)Contractor'sObllgatlons.ContractorshallincurnofurtherobligationsinconnectionwiththeterminatedOrderonorafterthedatesetinthenoticeoftermination.ContractorwillstopWorktotheextentspeci?ed.ContractormuststillcompleteanddelwertotheStateOrderingEntitytheundisputedportionoftheOrdernotterminated(ifany)bythenoticeoftermination.b)Compensation.UponterminationofanOrderbyaStateOrderingEntity,Contractorshallbeentitledtocompensationasfollows:1.Contractorshallsubmitaterminationclaimspecifyingtheamountsduebecauseoftheterminationkzrthepublicinteresttogetherwithcostorpricingdatabearingonsuchclaim.2.TheOrderingEntityshallpayContractoranamountwhichbearsthesameratiotothetotalreimbursementundertheOrderasContractorsobligationsthatweresatisfactorilyperformedbeartothetotalobligationssetforthintheOrder,lesspaymentspreviouslymade.Additionally,ifatemlinatedOrderislessthansixty(60)percentcompleted,mestateOrderingEntitymayreimburseContractorforaportionofactualout~of-pocketexpenses(nototherwisereimbursedundersuchOrder)incurredbyContractorwhicharedirectlyattributabletotheuncompletedportionofContractorsobligationshereunder;providedthatthesumofanyandallreimbursementshallnotexceedthemaximumamountpayabletoContractorundersuchOrder.lntemel:Ordering,E-CommerceandWebCatalog,ElectronlcDataStorage,andCatalogsMaintenanceofitsinternet.e-commerceandwebcatalog.electronicdatastorage,andcatalogsistheContractor'sresponsibilityandshallbeatContractor'sexpense.lntemetOrdering.Asapplicable,ContractorshallprovideinternetcatalogsaccessibletoallOrderingEntities,provideaURLlinkandColorado"splash"pageorlandingpagewithlinktotheSP0StatePriceAgreementweblocation,designatemarketbasketitemsinitson-linecatalogsforeaseofordering,identifyasymbolormarkingusedtoidentifymarketbasketitems,anddesignateallenvironmentalpreferableproducts(EPP)intheiron—linecatalogsandidentifythesymbolusedtomarktheseEPPproducts.ElectronicDataStorage.Contractormusthavethecapabilityofelectronicdatastorageandaback-upsystemintheunlikelyeventthatthemaininformationstorehousebecomesunusable.I3RevO6’Ol/15Page 220 of 268 CMSitX4032COREDOCIDIIzoicooooooocrooooomzContractorshallhaveindustrystandardsecurityprotocolincludingstorageofdata,orderingsecurity,anddata?lesecurity.J.Catalogs.Contractormustprovidepaperand/orcomputermediacatalogstoanyOrderingEntity,uponrequestforthedurationofmisContract.K.OrderforLeasedGoods.AnOrderingEntitymayplaceanOrderforGoodstobeleasedfromathirdPartyleasingcompany.TheOrderingEntitymusthavebeenapprovedfortheleasebytheleasingcompanywhenplacingtheOrder.TheOrderwillprovideforpaymentoftheGoodsbytheleasingcompanyatthetimetheleaseisexecutedbytheOrderingEntityandtheleasingcompanyandtheOrderingEntityacceptstheGoodscoveredbythelease.TheContractorshallconveytitletotheGoods,andanyapplicablewarranties,totheleasingcompanyuponpaymentoftheOrderbytheleasingcompany.5.TAXESandPAYMENTSTOCONTRACTORA.TaxesandTaxExemptionStatusTheParticipatingStateandStateOrderingEntitiesareexemptfromalltederalexcisetaxesundertheUSInternalRevenueCode(IRC)Chapter32(Certi?cateofRegistryNo.84-73o123K)andfromallColoradoStateandlocalgovernmentsalesandusetaxesunderCRS§39-26-101and201etseq.SuchexemptionsapplywhenGoodsarepurchasedorServicesarerenderedtobene?ttheState.Contractorisherebynoti?edthatwhenproductsorServicesarepurchasedforthebenefitofStateOrderingEntities,somePoliticalSubdivisions(e.g.,CityandCountyofDenver)mayrequirepaymentofsalesorusetaxeseventhoughtheproductorserviceisprovidedtotheStateoraStateOrderingEntity.ggnlaggrshallbesolelyliableforpayingsgchtaxesastheStateisprohibitedfrompayingorreimbursingContractorforsuchtaxes.ForthepurposeofestablishingthisAddendum,theSPO’sFEINis84-0644739,howeverdifferentOrderingEntitiesmayhavetheirownFederalEmployerIdenti?cationNumbers.TheParticipatingState'staxexemptionnumberis98-02565-0000,however.differentOrderingEntitiesmayhavetheirowntaxexemptionnumbersaswell.TheContractorshallberesponsibleforrequestingandobtainingeachOrderingEntity’sFEINandtaxexemptionnumber,anddocumentationatthetimeanOrderisplacedoruponContractor‘srequest.TheParticipatingStateisnotliableforanytaxesassessedagainstContractorforfranchiseorlicensing,orrelatedtotheincomeoftheContractor.NotaxesofanykindshallbechargedtotheParticipatingState.B.PaymentstocontractorC.AnOrderingEntityissuingavalidOrdershallbeboundbythetermsandconditionsofthisAddendum,including.withoutlimitation,theobligationtopayContractorforGoodsand/orServicesinaccordancewiththeprovisionsofthis§5,usingthemethodssetformbelow.TheStateofColoradoshallnotbeliableforpaymentofOrdersplacedbyanon-StateOrderingEntitynorshalltheContractorseekcompensationfromtheStateofColoradoforsuchOrders.Invoicing/Billingl.lnvolcesa)ContractorshallhaveanaccountingandbillingsystemandprovideOrderingEntitieswithaninvoicewhenpurchasesaremade.ContractorshallinvoiceOrderingEntitiesforGoodsand/orServicesprovidedtoandacceptedbytheOrderingEntity,atthepricesasprovidedpursuanttotheMasterAgreement,asamended.Astatementshowingtransactionsforaperiodisnotaninvoice,thoughtheContractormayprovidesuchdocumentsasinformationtotheOrderingEntityonaregularbasisorupontherequestofanOrderingEntity.Unlessothenuisespeci?edintheOrder,OrderingEntitieswillpayContractorbasedonsubmissionofinvoicestotheOrderingEntitythatdetailthedates,quantity,anddescriptionofGoodsdeliveredand/orServicesperformed,thebillingrate,theOrdernumber,thePriceAgreementnumberandtheNASPOVaIuePointMasterAgreementnumber.IncorrectpaymentstoContractorduetoomission,error,fraud,ordefalcationI4Rev06.‘0l/15Page 221 of 268 iv.vl.vii.CMSitE4032COREDOCrmZ?I6 D|4ZmayberecoveredfromtheContractorbydeductionfromsubsequentpaymentsdueunderOrdersorotherContractsbetweentheOrderingEntityandtheContractor.b)Thetermsandconditionsonanyinvoice,statement,Contractortimesheet,orotherform(eg.Contractorswebsiteand/oronlineterms),including,butnotlimitedto,indemni?cation,limitationofliability,orcancellationfees,shallbevoidandofnoeffectagainsttheParticipatingStateoranyOrderingEntity.TheContractorsandOrderingEntities’rightsandobligationsshallbegovernedsolelybythetermsandconditionsofthisAddendumandtheMasterAgreement.AnyOrderingEntityemployee'ssignatureonContractorsbillofladingshallbeeffectiveonlytoestablishreceiptofGoodsorServices.TheContractorshallprovideatollfreenumberforOrderingEntityinquiriesonbillingproblems.RenewalofAgreement.IntheeventofrenewalofthisAddendum,oranyamendmentofitsterms(includingprices),unlessotherwisespeci?edinanOrder,theContractorshallprovideGoodsand/orServicesinaccordancewiththetermsoftheAddendumcurrentatthetimeofanOrder,andinvoicetheOrderingEntityatthepricingineffectatmetimetheOrderwasplaced.Remittance.OrderingEntitieswillremitpaymentsbymailorviaStateprocurementcreditcardsorasotherwiseagreedbyContractorandsuchOrderingEntities.TheOrderingEntitiesshallsendpaymentstoContractorattheaddressshownontheinvoice.Contractormustprovidewrittennotice(emailisacceptable)ofaremittancechangetotheSP0within?ve(5)businessdaysofachange.PaymentbyStateOrderingEntities;Interest.ContractorshallallowStateOrderingEntitiesaminimumofthirty(30)daysafterreceiptofaninvoicetopayforproductsorservicesprovidedbyContractor.StatelawandregulationsprovidethatStatepaymentsmadewithinforty-?ve(45)daysarenotconsidereddelinquent,andunlessotherwiseagreed,StateOrderingEntitieswillpayinterestonanyunpaidbalancebeginningonthe45thdayattherateofone(1)percentpermonthonanyunpaidbalanceuntilpaidinfull;provided,however,thatinterestshallnotaccrueonunpaidamountsthatarethesubjectofagoodfaithdisputeregardingtheobligationtopayalloraportionoftheliability.ContractorshallinvoiceStateOrderingEntitiesseparatelyforaccruedinterestondelinquentamountsdue.Thebillingshallreferencethedelinquentpayment,thenumberofday'sinteresttobepaid.andtheapplicableinterestdate.(§24-30-202(24),CRS.,asamended.)PaymentByColoradoPolltlcalSubdlvlslons,Non-ProfitOrganizations,orOthernon-StateEligibleEntltles.ForOrdersplacedbynon-StateOrderingEntities(Poli?calSubdivisions,Non-Pro?tOrganizations,orothernon-Stateeligibleentities),termsforpaymentshallbespeci?edinthewrittenOrders.Contractorshallinvoicenon-StateOrderingEntitiesdirectly.OrderingEntitiesgenerallyremitpaymentinatimelymannerwithinthirty(30)daysofinvoice;however,itistheContractorsresponsibilitytocon?rmallpaymenttermswitheachnon-StateOrderingEntityatthetimeanOrderisplaced.MaximumAmount.StateOrderingEntitiesshallplaceOrderswiththeContractorusingapurchaseorDeliveryOrder,orStateContractasrequiredbyParticipatingStatelaw.regulations.andtheStateFiscalRules.Allnon-StateOrderingEntitiesshallplaceOrderswithaPurchaseOrderorotherContractingdocumentacceptabletotheContractor.ThemaximumamountpayableunderthisAddendumshallbedeterminedbytheamountofOrdersplacedandotherContractingdocuments.NoContractFundswillbeencumberedbytheStateDepartmentofPersonnel&AdministrationagainstthisAddendumunlessanOrderisplacedbythatagency.OrderingEntitiesshallstatethemaximumamountavailableforthepurchaseofGoodsand/orServicesundereachOrder.Advance,InterimandFinalPayments.AnyadvancepaymentallowedunderanyOrderissuedbyaStateAgencyagainstthisAddendumshallcomplywithStateFiscalRulesandbemadeinaccordancewiththeprovisionsofthisAddendumandsuchOrder.Non—StateISRev06J0l/I5Page 222 of 268 CMSit8-ll)32COREDOClbrt2016-0000-0000-0000-DI42OrderingEntitiesmayhavetheirown?scalproceduresregardingadvancepayments,whichmaybeagreeduponinwritingbetweenthenon~StateOrderingEntityandtheContractor.vlil.AvallableFunds-Contingency-Teminationa)StateOrderingEntitiesareprohibitedbylawfrommakingcommitmentsbeyondthetermoftheParticipatingState'scurrentFiscalYear.Therefore,Contractor'scompensationbeyondtheParticipatingState'scurrentFiscalYeariscontingentuponthecontinuingavailabilityofStateappropriationsasprovidedintheColoradoSpecialProvisions,§18hereof.IffederalfundsareusedtofundWorkorderedbyStateOrderingEntitiesunderthisAddendum,inwholeorinpart.theParticipatingState'sperformancehereunderiscontingentuponthecontinuedavailabilityofsuchContractFunds.StateOrderingEntitiesshallonlymakepaymentsforWorkorderedbyaStateOrderingEntityunderthisAddendumfromavailableStateOrderingEntityContractFundsthathavebeenencumberedforthatWork,andtheStateOrderingEntity'sliabilityforsuchpaymentsshallbelimitedtotheamountremainingofsuchencumberedContractFunds.IfParticipatingStateorfederalfundsarenotappropriated,orotherwisebecomeunavailabletofundanyOrderplacedbyaStateOrderingEntityunderthisAddendum,theStateOrderingEntitymayterminatetheOrderimmediately,inwholeorinpart,withoutfurtherliabilityinaccordancewiththeprovisionshereofStateOrderingEntitieswillpayContractorforGoodsorServicesdeliveredandacceptedpriortothedateoftermination.b)APoliticalSubdivisionOrderingEntitymayhaveitsown?scalrequirementsregardingavailablefundsforpaymentofOrders,whichmaybeagreeduponinwritingbetweenthenon»StateOrderingEntityandtheContractor.ix.ErroneousPaymentsa)AttheParticipatingState'ssolediscretionStateOrderingEntitypaymentsmadetotheContractorinerrorforanyreason,including,butnotlimitedto,omission,error,fraud,ordefalcation,overpaymentsorimproperpayments,andunexpendedorexcessfundsreceivedbyContractor,mayberecoveredfromContractorbydeduction(set-off)fromsubsequentpaymentsunderthisAddendumorotherContracts,grantsorAgreementsbetweentheParticipatingStateandContractororbyotherappropriatemethods,orcollectedasadebtduetotheState.SuchfundsshallnotbepaidtoanypersonorentityotherthantheState.b)Non-StateOrderingEntitiesmayhavetheirownfiscalrequirementsregardingerroneouspayments,whichmaybeagreeduponinwritingbetweenthenon-StateOrderingEntityandtheContractor.x.DisoounllbellnquencyPeriod.Anyapplicablecashdiscountperiodordelinquencyperiodshallstartfromthedateofreceiptofanacceptableinvoice,orfromthedateofreceiptofacceptableGoodsorServicesatthespecifieddestinationbyanauthorizedOrderingEntityrepresentative,whicheverislater.6.REPORTING—NOTIFICATIONReportsrequiredunderthis§6shallbeinaccordancewiththeproceduresof,andinsuchformas,prescribedbytheParticipatingState,asapplicable.ContractofsfailuretoprovidethesereportsshallconstitutecauseforcancellationofthisAddendumandmaydisqualifyContractorfromtheawardoffutureawardsbytheParticipatingState.A.Perfomiance,Progress,Personnel,andFunds.Ifandasrequiredunder§15(StatewideContractManagementSystem),StateOrderingEntitiesshallsubmitareporttotheContractoruponexpirationorterminationoftheirOrder(s),whichshallcontainanEvaluationandReviewofContractorsperformanceandthe?nalstatusofContractorsobligationhereunder,inaformsubstantiallyequivalenttoExhibit3(SampleContractorPerformanceEvaluation).B.VolumeReports.TheParticipatingStateintendstousethecentralizedmethodoftrackingvolume.ContractorshallfurnishtheSP0saleslvolumereportsbythelastdayofthemonthfollowingguarterend.Thequarterperiodsare:January1toMarch31,April1toJune30,July1toSeptember30,andOctober1toDecember31.ofanygivenyear.I6Rev06301/15Page 223 of 268 CMSit84032COREQOCIWml 4l42I.ContractormustprovideSPOareportdetailingitstotalsalestoallOrderingEntitieswithintheParticipatingState.eachreportingperiod.TheVolumedetailreport.forthequarterbeingreported,shallcontainthefollowing:OrderDate.OrderingEntityname.theitemspurchased.quantity,unitprice.extendedcost(quantityxunitprice).listpriceperunit,extendedlistoost(quantityxlistpricelunit),andsavings(extendedlistcostminusextendedlistcost).Additionally.ContractormustprovideasummarizedreportinaformsubstantiallyequivalenttoExhibit2(SampleSummaryContractorVolumeReport)attachedheretoandincorporatedherein.andinaformatrequestedbytheSP0suchasanExcelspreadsheet.ReportsshallbesentviaemailtothePrimaryContactidenti?edin§5oftheAddendumorassignedsuccessor.Speci?cally.thereportsmustinclude:a)TotalSalesDollars.TotalspentbyeachOrderingEntityeveryquarter.b)TotalRegular(List)CostofTotalSales.TotaloftheextendedlistcostbyeachOrderingEntity.clTotalEstimatedCostSavings.Totalestimatedcostsavings(totalsalesminusextendedlistcost=savings)byeachOrderingEntity.d)TotalPaidbyProcurementCard.Totalsalesmadebyaprocurement“credit”cardbyeachOrderingEntity.e)TotalGreenSales.TotalGreensales.meaningsaleofEnvironmentallyPreferableProducts.asamended,byeachOrderingEntity.(EnvironmentallyPreferableProducts.includingapplicablediscountsavings,arede?nedintheState'sEnvironmentallyPreferablePurchasingPolicy.Inmostcases,“Green”productshavebeenthirdPartyregisteredorcerti?edassuchbyEPA,NFP.EnergyStar.LEED,etc.)f)AmountofNASPOValuePointAdmlnlstrattonFee.TheamountoftheNASPOValuePointAdministrationFeeduetotheParticipatingState.II.intheeventaquarterlyreportsubmittedbytheContractorcontainsdiscrepancies.whennoti?edbytheParticipatingState.theContractorshallmakenecessarymodifications.whichmayincludeadjustmentstotheOrderingEntity’saccountpro?le.andresubmitreportsinatimelymanner.C.AdditionalReportsi.ContractoralsoshallprovideacomprehensivesaleshistoryattheendofeachanniversaryyearofthisAddendum.orwithinthirty(30)calendardaysofrequestfromtheSP0.Thecomprehensivesalesreportsshallsetforth,ataminimum.thenameofeachOrderingEntity,theOrdersplaced,thequantityofGoodsand/orservicespurchased.adescriptionoftheGoodsand/orServices.theunitpriceorhouriyratecharged.theextendeddollaramountspent.andtheoveralltotalamountspentfortheperiod.ii.IfrequestedandagreedbyContractor.ContractoralsoshallprovidedetailedreportsofthetypedescribedaboverelatingtothatOrderingEntity.andshallprovideanyadditionalreportingasrequested.D.PerformanceOutsidetheStateofColoradoandlortheUnitedStates[IntheeventContractFundsofaStateOrderingEntitysubjecttotheProcurementCodeincludeanyfederalfunds,theStateOrderingEntityshallnotifytheContractorthereofandthisclausewillnotbeapplicable].FollowingtheEffectiveDate.ContractorshallprovidewrittennoticetotheParticipatingState.inaccordancewith§5oftheAddendum,withintwenty(20)daysoftheearliertooccurofContractor'sdecisiontoperform.oritsexecutionofanAgreementwithaSubcontractortoperform,ServicesforStateOrderingEntitiesSubjecttotheProcurementCodeoutsidetheStateofColoradoand/ortheUnitedStates.SuchnoticeshallspecifythetypeofServicestobeperformedoutsidetheStateofColoradoand/ortheUnitedStatesandthereasonwhyitisnecessaryoradvantageoustoperformsuchServicesatsuchlocationorlocations.AllnoticesreceivedbytheParticipatingStatepursuanttothis§6.DshallbepostedontheColoradoDepartmentofPersonnel&Administration’swebsite.KnowingfailurebyContractortoprovidenoticetotheStateunderthis§6.DshallconstituteamaterialbreachofthisContract.17Rev06/01/ISPage 224 of 268 CMSit34032COREDOCID5l0|6-0000-0000-B001)-DillE.LltlgatlonReporting.Vl?thinten(10)daysafterbeingsewedwithanypleadinginalegalaction?ledwithacourtoradministrativeagency,relatedtothisAddendumorwhichmayaffectContractor’sabilitytoperformitsobligationshereunder,ContractorshallnotifytheSP0inwriting(emailispreferable)ofsuchactionanddelivercopiesofsuchpleadingstotheParticipatingState'sprincipalrepresentativeasidenti?edin§5oftheAddendum.IftheParticipatingState'sprincipalrepresentativeisnotthenserving,suchnoticeandcopiesshallbedeliveredtotheExecutiveDirectoroftheStateDepartmentofPersonnel&Administration.F.Noncompllance.Contractor'sfailuretoprovidereportsandnotifytheParticipatingStateinatimelymannerinaccordancewiththis56mayresultinthedelayofpaymentofStatefundsandlorterminationasprovidedunderthisAddendum.G.AdministrationFeesi.TheColoradoGeneralAssemblyhasauthorizedtheStatePurchasingOfticetocollectafeefortheadministrationofstatewideContracts.Onaquarterlybasis,ContractorshallreturntotheParticipatingState,afeeofone(1)peroentofthetotalsaleswithintheStatebyallOrderingEntitiesduringthatquarter,inordertoassistwiththecostofContractadministrationbytheState.TheContractorshallremittheadministrationfeetotheParticipatingStatewithinthirty(30)daysoftheendofeachquarter.Ii.FeesshallbemadepayabletotheStateofColoradoviaachecksubmittedtotheState'sPrimaryContactidenti?edin§5oftheAddendumorsuccessor.Thequarterperiodsandreport/paymentsubmissiondatesofanygivenyearareasfollows:a)QuarterEndDates:(1)January1toMarch31,(2)April1toJune30,(3)July1toSeptember30.and(4)October1toDecember31.b)PaymentandReportDueDates:(1)April30,(2)July30,(3)October30,and(4)January30.7.CONTRACTORRECORDSA.MaintenanceandRecordRetentionPeriod.Exceptforcon?dentialorproprietaryrecords,suchasbutnotlimitedtocostdata,Contractorshallmake,keep,maintain,andallowinspectionandmonitoringbytheParticipatingStateanditsOf?ceofinformationSecurity(OIS)ofacompletefileofallrecords,documents,communications,notesandotherwrittenmaterials,electronicmedia?les,andcommunications,pertaininginanymannertotheOrderorthedeliveryofGoodsandlorServiceshereunder.Contractorshallmaintainsuchrecordsuntilthelasttooccurof:(i)aperiodofthree(3)yearsafterthedatethisAddendumexpiresorissoonerterminated,or(II)?nalpaymentismadehereunder,or(ill)theresolutionofanypendingAddendummatters,or(iv)ifanauditisoccurring.orContractorhasreceivednoticethatanauditispending.untilsuchaudithasbeencompletedandits?ndingshavebeenresolved(collectively,the“RecordRetentionPeriod‘).B.Inspection.ContractorshallpennittheParticipatingState,OIS,thefederalgovernment,andanyotherdulyauthorizedagentofagovernmentalagency,toaudit,inspect,examine,excerpt,copyand/ortranscribeContractor'srecordsrelatedtothisAddendumduringtheRecordRetentionPeriodtoassurecompliancewiththetermshereofortoevaluateperformancehereunder.TheParticipatingStateandOISreservetherighttoinspecttheWorkatallreasonabletimesandplacesduringthetermofthisAddendum,includinganyextensionsorrenewals.IfanOrderfailstoconformtotherequirementsofthisAddendumorasmoreparticularlydescribedinaStatementofWork,theParticipatingState,OIS,andtherelevantOrderingEntitymayrequireContractortopromptlybringsuchOrderintoconformitywithAddendumrequirements,atContractor'ssoleexpense.IftheOrdercannotbebroughtintoconformancebyre-performanceorothercorrectivemeasures,theParticipatingState,OIS,ortherelevantOrderingEntitymayrequireContractortotakeactionnecessarytoensurethatfutureperfonnanoeconformstoAddendumoraStatementofWorkrequirements,andmayexercisetheremediesavailableunderthisAddendum,atlaworinequity,inlieuoforinoonjunctionwithsuchcorrectivemeasures.C.Monitoring.ContractorshallpermittheParticipatingState,OIS,thefederalgovernment,andgovernmentalagencieshavingjurisdiction,intheirsolediscretion,tomonitorallactivitiesconducted18Rev06s’0l/I5Page 225 of 268 CMSfI84032COREDOC[D#ZDI l42byContractorpursuanttothetermsofthisAddendumusinganyreasonableprocedure,including,butnotlimitedto:internalEvaluationprocedures,examinationofprogramdata,specialanalyses,on-sitechecking.formalauditexaminations,oranyotherprocedures.AllmonitoringcontrolledbytheParticipatingStateshallbeperfonnedinamannerthatshallnotundulyinterferewithContractor'sperformancehereunder.D.FinalAuditReport.IfanauditisperformedonContractor’srecordsforanyFiscalYearcoveringaportionofmetermofthisAddendum,Contractorshallsubmitacopyofthe?nalauditreporttotheParticipatingState’sprincipalrepresentativeattheaddressspeci?edherein.Contractorshallensuretheprovisionsofthisparagraphapplytoanysubcontractrelatedtoperfom-lanceunderthisAddendum.Contractorshall,atContractorssoleexpense,reconstructanyrecordsnotpreservedorretainedasrequiredbythisparagraph.8.CONFIDENTIALINFORMATION-ORDERINGENTITYRECORDSContractorshallcomplywith,andshallcauseeachofitsSubcontractors,andanyotherPartyperformingWorkunderthisAddendum,tocomplywiththeprovisionsofthis§8ifitbecomesprivytoCon?dentialInformationinconnectionwithitsperfomiancehereunder.A.Confidentiality.ContractorshallkeepallCon?dentialInformationcon?dentialatalltimesandcomplywithalllawsandregulationsconcerningcon?dentialityofCon?dentialInformation.AnyrequestordemandbyathirdPartyforStateDataandRecords,Con?dentialInformation,orOrderingEntityRecordsandinformationinthepossessionofContractorshallbeimmediatelyforwardedtotheParticipatingState'sorOrderingEntity’sprincipalrepresentative.3.Noti?cation.Contractorshallnotifyitsagent,employees,SubcontractorsandassignswhomaycomeintocontactwithCon?dentialInformationthateachissubjecttothecon?dentialityrequirementssetforthherein,andshallprovideeachwithawrittenexplanationofsuchrequirementsbeforepermittingthemtoaccesssuchCon?dentialInformation.C.Use,Security,andRetention.Con?dential|nfom1ation,StateDataandRecords,and/orOrderingEntityRecordsofanykindshallnotbedistributedorsoldtoanythirdPartyorusedbyContractororitsagentsinanyway,exceptasauthorizedbythisAddendumorapprovedinwritingbytheParticipatingStateortheOrderingEntity,asapplicable.Contractorshallprovideandmaintainasecureenvironmentthatensurescon?dentialityofallCon?dentialInformationwhereverlocated.Con?dentialInformation,StateDataandRecords,and/orOrderingEntityRecordsshallnotberetainedinany?lesorotherwisebyContractororitsagents,exceptaspermittedinthisAddendumorapprovedinwritingbytheOrderingEntityortheParticipatingState.AllCon?dentialInformation,StateDataandRecords,and/orOrderingEntityRecordsofanykind,shallbestored,processed,ortransferredonlyin,orto,facilitieslocatedwithintheUnitedStates.D.Protectioni.IfContractorprovidesphysicalorlogicalstorage,processingortransmissionofCon?dentialInformation,StateDataandRecords,and/orOrderingEntityRecordsContractorshallprovidephysicalandlogicalprotectionforallrelatedhardware,software,applicationsanddatathatmeetorexceedindustrystandardsandrequirementsassetforthinthisAddendumoranOrder.ll.ContractorshallprovidetheStateoranOrderingEntitywithaccess,subjecttocontractorsreasonableaccesssecurityrequirements,7daysaweek,24hoursaday,forthepurposeofinspectingandmonitoringaccessanduseofCon?dentialInformation,StateDataandRecords,OrderingEntityRecords,maintainingStateorOrderingEntitysystems,andevaluatingphysicalandlogicalsecuritycontroleffectiveness.iii.Contractor,ifitretains,stores,orisgivenCon?dentialInformation.orStateDataandRecords,orOrderingEntityRecords,atalltimesshallmaintain,andshallcauseitsSubcontractorstomaintainnetwork,system,andapplicationsecurity,whichincludesnetwork?rewalls,intrusiondetection,andannualsecuritytesting.Iv.Contractor,ifitretains,stores,orisgivenCon?dentialInformation,orStateDataandRecords,orOrderingEntityRecords,shallcomplyandshallcauseitsSubcontractor'stocomplywithStateandfederalregulationsandguidelinesrelatedtosecurity,con?dentialityandauditing.19Rev06/OI/I5Page 226 of 268 CMSttN032COREDOCInd2nis I42Contractor,ifitretains,stores,orisgivenCon?dentialInformation,StateDataandRecords,orOrderingEntityRecordsshallensure,andshallcauseitsSubcontractorstoensure,thatsecurityisnotcompromisedbyunauthorizedaccesstocomputers,programs,software,databases.orotherelectronicenvironmentsandshallpromptlyreportallbreachesandattemptedbreachestoarepresentativeoftheOf?ceofInformationSecurity(OIS).v.NeitherContractornoritsSubcontractorsshallhaveanyrightstouseoraccessanyOf?ceofInformationTechnology(OlT)orotherStateagencydataorinformation,exceptwiththepriorwrittenapprovalofOITortheotherStateagency.vi.Contractorshallreview,onasemi-annualbasis,theColoradoCyberSecurityProgram(CCSP)postedatht_tQ:/[oit.state.co.usIoisanditsrelateddocuments,includingitspoliciesandprocedurestoensurecompliancewiththestandardsandguidelinespublishedtherein.vii.Contractorshallcooperate,andshallcauseitsSubcontractorstocooperate,withtheperformanceofsecurityauditandpenetrationtestsbyOISoritsdesignee.vlll.Contractorshallfollow,andshallcauseitsSubcontractorstofollow,theState’sDataHandlingandDisposalpolicy,whichcanbefoundathttpzllg?.§jate.go.g_s1oi§.ix.Contractorshallperform,andshallcauseitsSuboontractofstoperform,inaformreasonablyacceptabletotheStateorOrderingEntity,currentbackgroundchecksonallofitsrespectiveemployeesandagentsperformingSewicesorhavingaccesstoCon?dentialInformation,StateDataandRecords,and/orOrderingEntityRecordsprovidedundertheAddendum.Abackgroundcheckperformedwithinthirty(30)dayspriortothedatesuchemployeeoragentbeginsperformanceorobtainsaccessshallbedeemedtobecurrent.E.Security—Notice.ContractorisresponsibleforthesecurityofallCon?dentialInformation,StateDataandRecords,and/orOrderingEntityRecordsprovidedtoitbytheStateoranOrderingEntity.IfCon?dentialInformationand/orStateDataandRecordsareprovidedtoContractororanySubcontractorbytheStateoranOrderingEntity,ContractorshallcomplywiththeState'sCyberSecurityPolicies,whichtheOIShaspromulgatedpursuanttoCRS§24-37.5-401through406and8CCR§1501-5,ThePoliciesarepostedatF.SecurityBreachRemediationI.llContractorbecomesawareofadatasecuritybreachinvolvingCon?dentialInformation,StateDataandRecords,and/orOrderingEntityRecordsthatContractorhasreceivedfromtheStateoranOrderingEntity(SecurityBreach),itshallnotifytheOIS,theState,andtheOrderingEntityimmediatelyandcooperatewiththeState,theOIS,andtheOrderingEntityregardingrecovery,remediation,andthenecessitytoinvolvelawenforcement,ifany.UnlessContractorcanestablishthatContractorandanyofitsSubcontractorsarenotthecauseorsourceoftheSecurityBreach,ContractorshallberesponsibleforthecostofnotifyingeachColoradoresidentandresidentsofotherstateswhosepersonalinformationmayhavebeencompromisedincompliancewiththelaw.NoticeshallbemadeassoonaspossiblewithinthelegitimateneedsoflawenforcementandaccordingtotherequirementsofthelawandtheOIS.ii.ContractorshallberesponsibleforperformingananalysistodeterminethecauseoftheSecurityBreach,andforproducingaremediationplantoreducetheriskofincurringasimilartypeofbreachinthefuture.iii.ContractorshallpresentsuchanalysisandremediationplantotheStateandtheOISwithinten(10)daysofnotifyingtheState,theOIS,andtheOrderingEntityoftheSecurityBreach.TheStateand/ortheOISreservetherighttoadjustthisplan,initssolediscretion.IfContractorcannotproducetherequiredanalysisandplanwithintheallottedtime,theStateand/ortheOIS,initssolediscretion,mayelecttoperformsuchanalysis,producearemediationplan,andContractorshallreimbursetheStateand/ortheOISforthereasonablecoststhereof.G.RightsinData,Documents,andComputerSoftwareI.Excepttotheextentspeci?callyprovidedelsewhereinthisAddendum,anysoftware,research,reports,studies.data,photographs,negativesorotherdocuments,drawings,models,materials.orWorkProductofanytype,includingdrafts,preparedbyContractorsolelyintheperformanceofitsobligationsunderthisAddendum,shallbetheexclusivepropertyoftheState20Rev06/01/I5Page 227 of 268 CMSfI34032COREDOCIDit20I ol42orOrderingEntitywithanirrevocable,perpetual,royalty-freelicensebacktotheContractorthatshallbestrictlyusedbyContractorforthebene?tofandatnocosttoothergovernmentalentitiesandallWorkProductshallbedeliveredtotheStateorOrderingEntitybyContractoruponcompletionofanOrderorterminationthereof.TheStatesorOrderingEntity’sexclusiverightsinsuchWorkProductshallinclude,butnotbelimitedto,therighttocopy,publish.display,transfer,andpreparederivativeWorks,andtoamend,updateoraltersuchWorkProductastheStateorOrderingEntitydeemsappropriate.Contractorshallnotuse,orwillinglyallow,causeorpermitsuchWorkProducttobeusedforanypurposeotherthantheperformanceofContractorsobligationshereunderwithoutthepriorwrittenconsentoftheStateorOrderingEntity.TheStateorOrderingEntityshallhavetherighttoexerciseallincidentsofownershipoftheWorkProductwithoutanyfurtherobligationtoContractor,otherthancompensationforServicesrenderedassetforthherein.ii.ContractorretainsallrightandtitletoanyLicensedSoftware,pre-existingContractormaterials,thirdPartymaterials.OpenSourcesoftware.andderivativesthereof,deliveredbyContractorundertheAddendum,whetherincorporatedinaDeliverableornecessarytouseaDeliverable(“ContractorProperty").ContractorPropertywillbelicensedtotheStateorOrderingEntityassetforthinalicenseagreementthatis:(a)acceptabletotheStateorOrderingEntity,or(b)obtainedbytheStateorOrderingEntityfromanapplicablethirdPartyContractor,or(c)inthecaseofOpenSourcesoftware.thelicensetermssetforthintheapplicableOpenSourcelicenseagreement.H.Disclosure-Llabllltyi.DisclosureofCon?dentialInformation,StateDataandRecords,orOrderingEntityRecordsbyContractororanySubcontractorforanyreasonmaybecauseforlegalactionbythirdPartiesagainstContractor,theState,theOrderingEntity,ortheirrespectiveagents.Contractorshallindemnify,save,andholdharmlesstheState,theOrderingEntity,andtheiremployeesandagents,againstanyandallclaims,damages,liabilityandcourtawardsincludingcosts,expenses,andattorneyfeesandrelatedcosts.incurredasaresultofanyactoromissionbyContractor,oritsemployees,agents,Subcontractors,orassigneespursuanttothis§8subjecttotheStateorOrderingEntityprovidingreasonablenoticeoftheclaimandreasonablycooperatingwiththeContractor’sdefenseofsuchclaim.ii.TheStateoranOrderingEntity,initssolediscretion,maysecurelydeliverCon?dentialInformation,StateDataandRecords,and/orOrderingEntityRecordsdirectlytothefacilitywherethedataisusedtoperformtheWork.Con?dentialInformation,StateDataandRecords,and/orOrderingEntityRecordsarenottobemaintainedorforwardedtoorfromanyotherfacilityorlocationexceptfortheauthorizedandapprovedpurposesofbackupanddisasterrecoverypurposes.TheContractorshallensurethatCon?dentialInformation,StateDataandRecords.and/orOrderingEntityRecordsarenotretainedbeyondtime-frarnesestablishedbytheStateandOrderingEntityunlessothemriserequiredbylaw.EndofAgreementDataHandling.UponrequestbytheParticipatingStateorOrderingEntitymadebeforeorwithinsixty(60)daysaftertheeffectivedateofterminationofthisAddendum,ContractorwillmakeavailabletotheStateorOrderingEntityacompleteandsecure(i.e.encryptedandappropriatelyauthenticated),download?leofallsystemdataintheformatprovidedbytheState,includingallCon?dentialInformation.StateDataandRecords,OrderingEntityRecords,schemaandtransformationde?nitions,and/ordelimitedtext?leswithdocumented,detailedschemade?nitionsalongwithattachmentsintheirnativeformat.ThePartiesagreethatuponterminationoftheprovisionofdataprocessingServices,theContractorshall,atthechoiceoftheStateorOrderingEntity,returnalldata,records,Con?dentialInformation,StateDataandRecords,and/orOrderingEntityRecordstransferred,andanycopiesthereoftotheStateorOrderingEntity,andcertifytotheStateorOrderingEntitythatithasdoneso,unlesslegislationapplicabletotheContractorpreventsitfromreturningordestroyingallorpartofthedata.Con?dentialInformation,StateDataandRecords,andlorOrderingEntityRecordstransferred.Inthatcase,theContractorwarrantsthatitwillguaranteethereafterthecon?dentialityofthedata,Con?dentialInformation.StateDataandRecords,andlorOrderingEntityRecordstransferredandwillnotactivelyprocessthedatatransferredanymore.2|Rev06/01/15Page 228 of 268 CMS?aws:COREDOCIDIIM|6 I42DispositionofData.TheParticipatingStateandOrderingEntitiesretaintherighttousetheestablishedoperationalServicestoaccessandretrieveCon?dentialInformation,StateDataandRecords,andlorOrderingEntityRecordsstoredonContractor'sinfrastructure,attheirsolediscretion.TheContractoranditsSubcontractorswarrantthatuponrequestoftheState,anOrderingEntity,and/ortheOIS,theContractorwillmakeavailableitsdataprocessingfacilitiesforanauditofthemeasuresreferredtoin§7.D.TheParticipatingStateandOrderingEntitiesreserveallright,titleandinterest,includingallintellectualpropertyandproprietaryrights.inandto,systemdata,Con?dentiallnfom-ration,StateDataandRecords.OrderingEntityRecords,andandcontentprovidedbytheStateandOrderingEntity.SafeguardingPersonalIdentifiableinformation(PII).IfContractororanyofitsSubcontractorswillormayreceivepersonallyidenti?ableinformation(PM)(asde?nedinCRS§18-5-901113))undertheAddendum,ContractorshallprovideforthesecurityofsuchPIIinamanneracceptabletotheState,OrderingEntity,ortheOISinthecaseofaStateAgencysubjecttocompliancewithCRS§24—37.5-101etseq..including,withoutlimitation,non-disclosure,useofappropriatetechnology.securitypractices.computeraccesssecurity.dataaccesssecurity,datastorageencryption,datatransmissionencryption,securityinspectionsandaudits.ContractorshalltakefullresponsibilityforthesecurityofalldatainitspossessionorinthepossessionofitsSubcontractors,andshallholdtheParticipatingStateandOrderingEntitiesharmlessforanydamagesorliabilitiesresultingfromtheunauthorizeddisclosureorlossthereof.safeguardingFederalTaxInformation(FTI).IfContractororanyofitsSubcontractorswillormayreceivefederaltaxinformation(FTI)undertheAddendum,ContractorshallprovideforthesecurityoftheFTI,inamanneracceptabletotheOrderingEntity.orOISinthecaseofaStateAgencysubjecttocompliancewithCRS§24-37.5-101etseq.,andinaccordancewithStateandfederallaw.ForthepurposesoftheAddendum,“FTI"shallmeanfederalorstatetaxreturns,returninformation,andsuchothertax-relatedinformationasmaybeprotectedbyStateandfederallaw.Securitysafeguardsshallinclude,withoutlimitation,supervisionbyresponsibleemployees.approvalofSubcontractorsasrequiredbyStateorfederallaw,non—disclosureofinformationotherthanasnecessaryintheperformanceofContractorsoritsSubcontractorsobligationsundertheAddendum,non-disclosureprotections,properaccountingandstorageofinformation,civilandcriminalpenaltiesfornon-complianceasprovidedbylaw,certi?cationsandinspections.ContractorshallcomplywiththerequirementsofExhIb|t4(IRSRequirement),attachedheretoandincorporatedherein.SafeguardingPaymentCardIndustry(PCI)Data.IfContractororanyofitsSubcontractorswillormayreceivepaymentcardindustry(POI)dataundertheAddendum,ContractorshallprovideforthesecurityofthePCIdata,inaccordancewithPCIDataSecurityStandard(DSS)1.1orthethencurrentversionasprovidedbyPCISecurityStandardsCouncil.ForthepurposesoftheContract,"PCIdata"shallmeananydatarelatedtocardholders’names,creditcardnumbers,orothercreditcardinformationasmaybeprotectedbyStateandfederallaw.Securitysafeguardsshallinclude,withoutlimitation,supervisionbyresponsibleemployees,approvalofSubcontractorsasrequiredbyStateorfederallaw,non—disclosureofinformationotherthanasnecessaryintheperformanceofContractofsoritsSubcontractor’sobligationsundertheAddendum,non—discIosureprotections,properaccountingandstorageofinformation,civilandcriminalpenaltiesfornon~comp|ianceasprovidedbylaw,certi?cationsandinspections..IntellectualPropertyIndemnification.Contractorshallindemnify,holdharmlessanddefend,atContractor'ssoleexpense.theParticipatingStateandOrderingEntitiesandtheirrespectiveemployeesandagentsagainstanyandallloss,cost,expensesorliability,includingbutnotlimitedtoattorneysfees,courtcostsandotherlegalexpensesanddamagesarisingoutofaclaimthatanyGoodsorServices,softwareorWorkProductprovidedbyContractorunderthisContract.ortheusethereof,infringesapatent,copyright,trademark,tradesecret,oranyotherintellectualpropertyright.ContractofsobligationhereundershallnotextendtothecombinationoftheGoods,Services,softwareorWorkProductwithanyotherproduct,systemormethod,unlesstheotherproduct,systemormethodis(i)providedbyContractororContractor'ssubsidiariesoraf?liates,or(ii)speci?edbyContractortoWorkwiththeGoods,or22Rev06/0|/I5Page 229 of 268 CMSit34032COREDOCID“20l6—00t)0—DD00-Dow-£)l-12(iii)reasonablyrequiredinordertousetheGoodsinitsintendedmannerandtheinfringementcouldnothavebeenavoidedbysubstitutinganotherreasonablyavailableproduct,systemormethodcapableofperformingthesamefunction,or(Iv)isreasonablyexpectedtobeusedincombinationwiththeGoods,TransitionofServices.UponexpirationorearlierterminationofthisAddendumoranyServicesprovidedhereunder,ContractorshallaccomplishacompletetransferoftheServicesfromContractortotheParticipatingStateorOrderingEntityoranyreplacemententitydesignatedsolelybytheStateorOrderingEntitywithoutanyinterruptionoforadverseimpactontheServicesoranyotherServicesprovidedbythirdPartieshereunder.ContractorshallcooperatefullywiththeStateorOrderingEntityorsuchreplacemententity,andpromptlytakeallstepsrequiredtoassistineffectingacompletetransferoftheServicesasdesignatedbytheStateorOrderingEntity.AllWorkrelatedtosuchtransferofServicesshallbeperformedatnoadditionalcostbeyondwhatwouldbepaidfortheServiceshereunder.9.CONFLICTSOFINTERESTA.Contractorshallnotengageinanybusinessorpersonalactivitiesorpracticesormaintainanyrelationshipswhichcon?ictinanywaywiththefullperformanceofContractofsobligationshereunder.ContractoracknowledgesthatwithrespecttothisAddendum,eventheappearanceofaconflictofinterestisharmfultotheParticipatingState'sinterests.AbsenttheParticipatingState’spriorwrittenapproval,Contractorshallrefrainfromanypractices,activitiesorrelationshipsthatreasonablyappeartobeincon?ictwiththefullperformanceofContractorsobligationstotheStatehereunder.Ifaconflictorappearancethereofexists,orifContractorisuncertainwhetheracon?ictortheappearanceofaconflictofinterestexists,ContractorshallsubmittotheStateadisclosurestatementsettingforththerelevantdetailsfortheState'sconsideration.FailuretopromptlysubmitadisclosurestatementortofollowtheState'sdirectioninregardtotheapparentcon?ictconstitutesabreachofthisAddendum.10.REPRESENTATIONSANDWARRANTIESContractormakesthefollowingspeci?crepresentationsandwarrantiesforthebenefitoftheStateandOrderingEntitiesonthedatehereofandasofeachOrder'seffectivedate,eachofwhichwasreliedonbytheStateinenteringintothisAddendum,andwillberelieduponbytheStateinenteringintothisAddendumandbyeachOrderingEntityinplacingOrderswithContractors.A.C.StandardandMannerofPerformance.Contractorshallperformitsobligationshereunderinaccordancewiththecommerciallyreasonablestandardsofcare,skillanddiligenceinContractorsindustry,trade,orprofessionandinthesequenceandmannersetforthinthisAddendumandinanyOrder.LegalAuthority-contractorSignatory.ContractorwarrantsthatitpossessesthelegalauthoritytoenterintothisAddendumandthatithastakenallactionsrequiredbyitsprocedures,andby-laws,and/orapplicablelawstoexercisethatauthority,andtolawfullyauthorizeitsundersignedsignatorytoexecutethisAddendum,oranypartthereof,andtobindContractortoitsterms.IfrequestedbytheParticipatingState,ContractorshallprovidetheStatewithproofofContractorsauthoritytoenterintothisAddendumwithin?fteen(15)daysofreceivingsuchrequest.Licenses,Permits,Etc.i.ContractorrepresentsandwarrantsthatasoftheEffectiveDateithas.andthatatalltimesduringthetermhereofitshallhaveandmaintain,atitssoleexpense,alllicenses,certi?cations,approvals,insurance,permits,andotherauthorizationsrequiredbylawtoperformitsobligationshereunder.Contractorwarrantsthatitshallmaintainallnecessarylicenses,certi?cations,approvals,insurance,permits,andotherauthorizationsrequiredtoproperlyperformthisAddendum,withoutreimbursementbytheParticipatingStateorotheradjustmentinContractFunds.Additionally,allemployeesandagentsofContractordeliveringOrdersunderthisAddendumshallholdallrequiredlicensesorcerti?cations,ifany,toperformtheirresponsibilities.23Rev0630]/I5Page 230 of 268 CMSilB4032COREDOCloll2oIs I42Contractor,ifaforeigncorporationorotherforeignentitytransactingbusinessintheStateofColorado,furtherwarrantsthatitcurrentlyhasobtainedandshallmaintainanyapplicablecerti?cateofauthoritytotransactbusinessintheStateofColoradoandhasdesignatedaregisteredagentinColoradotoacceptserviceofprocess.Anyrevocation,withdrawalornon-renewalofsuchlicenses,certi?cations,approvals,insurance,permitsoranysuchsimilarrequirementsnecessaryforContractortoproperlyperformthetermsofthisAddendumisamaterialbreachbyContractorandmayconstitutegroundsforterminationofthisAddendum.D.DolngBuslnessinColorado.ContractoranditsSubcontractorsandauthorizeddealerldistributors,ifapplicable,shallregistertodobusinesswithintheStateofColoradowiththeColoradoSecretaryofState,inaccordancewithCRS§7-90-801.andmustmaintainsuchregistrationin"goodstanding"throughoutthetermofthisAddendum.ContractorshallprovidetheParticipatingStateupontheState'srequestacopyofContractor'sArticlesofIncorporationand/orBylaws.E.FederalEmployerIdentificationNumber(FEIN).ContractorshallsubmittotheParticipatingStateitsFEINandacompletedW-9,TaxpayerIdenti?cationformbeforeanyOrderingEntitymayissueanOrdertoContractorunderthisAddendum.11.INSURANCEContractoranditsSubcontractorsshallmaintaininsuranceasspeci?edinthis§11atalltimesduringthetermofthisAddendum.AllpoliciesevidencingtheinsurancecoveragerequiredhereundershallbeissuedbyinsurancecompaniessatisfactorytoContractorandtheState.A.ContractorPublicEntitiesa)IfContractorisa"publicentity"withinthemeaningoftheColoradoGovernmentalImmunityAct,CR5§24-10-101,etseq.,asamended(the“G|A“).thenContractorshallmaintainatalltimesduringthetermofthisAddendumsuchliabilityinsurance,bycommercialpolicyorself-insurance,asisnecessarytomeetitsliabilitiesundermeGIA.b)ContractorshallshowproofofsuchinsurancesatisfactorytotheState,ifrequestedbytheState.ContractorshallrequireeachContractwithaSubcontractorthatisapublicentity,toincludetheinsurancerequirementsnecessarytomeetsuchSubcontractorsliabilitiesundertheGIA.Non-PublicEntities.IfContractorisnota''publicentity“withinthemeaningoftheGIA.ContractorshallobtainandmaintainduringthetermofthisAddenduminsurancecoverageandpoliciesmeetingtherequirementssetforthin§11(B),andshallobtainandmaintainduringthetermsofthisAddendum.insurancecoverageandpoliciesmeetingthesamerequirementswithrespecttoSubcontractorsthatarenot"publicentities".B.Contractors-Subcontractors.ContractorshallrequireeachContractwithSubcontractorsprovidingGoodsorServicesinconnectionwiththisAddendum,otherthanthosethatarepublicentities,toincludeinsurancerequirementssubstantiallysimilartothefollowing:Worker'sCompensation.Worker'sCompensationInsuranceasrequiredbyStatestatute,andEmployefsLiabilityInsurancecoveringallofContractor’:employeesactingwithinthecourseandscopeoftheiremployment.CommercialGeneralLiability.CommercialGeneralLiabilityInsurancewrittenonISOoccurrencefonnCG000110/93orequivalent,coveringpremisesoperations,?redamage,independentContractors,productsandcompletedoperationsContractualliability,personalinjury,andadvertisingliabilitywithlimitsasfollows:(a)$1,000,000eachoccurrence;(b)$1,000,000generalaggregate;(c)$1.000,000productsandcompletedoperationsaggregate;and(d)$50,000anyone?re.Ifanyaggregatelimitisreducedbelow$1,000,000becauseofclaimsmadeorpaid,Contractorand/orSubcontractorshallimmediatelyobtainadditionalinsurancetorestorethefullaggregatelimitandfurnishtoContractoriscerti?cateorotherdocumentsatisfactorytoContractorshowingcompliancewiththisprovision.AutomobileLlablllty.AutomobileLiabilityInsurancecoveringanyauto(includingowned,hiredandnon-ownedautos)withalimitof$1,0D0,000eachaccidentcombinedsinglelimit.24Rev06301/ISPage 231 of 268 CMsrlB4032COREDOCIDI420Is r4:iv.HPwillprovideerrorsandomissionsinsurance,includingcyberprivacycoverage,at$1,000,000and$1,000,000annualaggregate.v.ProfessionalLiability.IfContractororSubcontractorisprovidingIT,legal,engineering,accounting,medical,architecturalorotherprofessionalServices,ContractorshallrequiresuchContractswithSubcontractorstoacquireaProfessionalLiability(includingCyberPrivacy)InsurancePolicyintheminimumamountof$1,000,000peroccurrenceand$1,000,000intheaggregate,writtenonanoccurrenceformthatprovidescoverageforitsWorkundertakenpursuanttothisAddendum.Ifapolicywrittenonanoccurrenceformisnotcommerciallyavailable,aclaims-madepolicyshallremainineffectforthetermoftheContractandforatleastone(1)yearbeyondthecompletionandacceptanceoftheWorkunderthisContract.vi.AdditionalInsured.ThePar?cipatingStateshallbeincludedasadditionalinsuredonallCommercialGeneralLiabilityandAutomobileLiabilityInsurancepolicies(leasesandconstructionContractsrequireadditionalinsuredcoverageforcompletedoperationsonendorsementsCG201011/85,CG2037,orequivalent)requiredofContractorandanySubcontractorshereunder.vll.PrimacyofCoverage.CoveragerequiredofContractorandSubcontractorshallbeprimaryoveranyinsuranceorself-insuranceprogramcarriedbyContractorortheState.viii.subrogationWaiver.TheWorkersCompensationmaintainedbyContractorshallincludeclausesstatingthateachcarriershallwaiveallrightsofrecovery,undersubrogationorotherwise,againstContractorortheState,itsagencies,institutions,organizations,of?cers,agents,employees,andvolunteers.C.Certificates.Contractorshallprovidecerti?catesshowinginsurancecoveragerequiredhereundertotheParticipatingStatewithinseven(7)businessdaysoftheEffectiveDateofthisAddendum.Nolaterthanfifteen(15)dayspriortotheexpirationdateofanysuchcoverage,ContractorshalldelivertotheParticipatingState,certi?catesofinsuranceevidencingrenewalsthereof.Inaddition,uponrequestbytheStateatanyothertimeduringthetermofthisAddendum.ContractorandeachSubcontractorshallsupplytheStatewithevidence,satisfactorytothecompliancewiththeprovisionsofthis§11.12.BREACHA.Defined.Inadditiontoanybreachesspeci?edinothersectionsofthisAddendumandtheMasterAgreement,thefailureoftheContractor,theStateoranOrderingEntitytoperformanyoftheirmaterialobligationshereunder,inwholeorinpartorinatimelyorsatisfactorymanner,constitutesabreach.Theinstitutionofproceedingsunderanybankruptcy.insolvency,reorganizationorsimilarlaw.byoragainstContractor,ortheappointmentofareceiverorsimilarof?cerforContractororanyofitsproperty.whichisnotvacatedorfullystayedwithintwenty(20)daysaftertheinstitutionoroccurrencethereof,shallalsoconstituteabreach.NoticeandCurePeriod.intheeventofabreach,noticeofsuchshallbegiveninwritingbytheaggrievedPartytotheotherPartyandtotheParticipatingStateinthemannerprovidedin§5oftheAddendum.Ifsuchbreachisnotcuredwithinthirty(30)daysofreceiptofwrittennotice,orifacurecannotbecompletedwithinthirty(30)days,orifcureofthebreachhasnotbegunwithinthirty(30)daysandpursuedwithduediligence,theStateoranOrderingEntitymayexerciseanyoftheremediessetforthin§13(Remedies).Notwithstandinganythingtothecontraryherein,theState,initssolediscretion,neednotprovideadvancenoticeoracureperiodandmayimmediatelyterminatethisAddenduminwholeorinpartifreasonablynecessarytopreservepublicsafetyortopreventimmediatepubliccrisis.13.REMEDIESIfContractorisinbreachunderanyprovisionofthisAddendum,theStateandanOrderingEntityshallhavealloftheapplicableremedieslistedinthis§13,exceptforthoseremediesspeci?callylimitedtotheState,inadditiontoallotherremediessetforthinothersectionsofthisAddendum,theMasterAgreement,andunderapplicablelaw,followingthenoticeandcureperiodsetforthin§12(Breach).TheParticipatingStateandanyOrderingEntitymayexerciseanyoralloftheremediesavailabletoit,initssolediscretion,concurrentlyorconsecutively.25Rev06.90]/I5Page 232 of 268 A.CMS?aws:COREDOCIDIIl0|6-lIl00-t])0l1-(XXX)-DI-12ContractTermlnatlonforCauseand/orBreach.TheParticipatingStatemayterminatethisentireAddendumoranypartthereof,oranyOrder,inresponsetoContractorsuncuredbreach.ExercisebytheStateofthisrightshallnotbeabreachofitsobligationshereunder.ContractorshallremainresponsibleforperformanceofthisAddendumandanyOrderstotheextentnotterminated,ifany.i.ObligationsandRightsa)Totheextentspeci?edinanyterminationnotice,Contractorshallnotincurfurtherobligationsorrenderfurtherperformancehereunderpasttheeffectivedateofsuchnotice,andshallterminateoutstandingOrdersandsubcontractswiththirdPartiespertainingtosuchperformance.However.ContractorshallcompleteanddelivertoindividualOrderingEntitiesallundisputedOrdersnotcancelledbytheterminationnoticeandmayincurobligationsasarenecessarytodosowithinthisAddendum’sterms.AttherequestanyOrderingEntity,ContractorshallassigntotherequestingOrderingEntityallofContractor'sright,title,andinterestinWorkProductcreatedpursuanttoanyterminatedOrdersasoftheeffectivedateoftheirtermination.Upontermination,ContractorandanySubcontractorshalltaketimely,reasonableandnecessaryactiontoprotectandpreservepropertyinthepossessionofContractorinwhichanyindividualOrderingEntitieshaveaninterest.ContractorandanySubcontractorsshallimmediatelyreturntotheOrderingEntityallmaterialsownedbytheOrderingEntitythatareintheirpossession.AllWorkProduct,attheoptionoftheOrderingEntity.shallbedeliveredbyContractortotheOrderingEntityandshallbecomethepropertyoftheOrderingEntity.Payments.OrderingEntitiesshallreimburseContractoronlyforacceptedperformanceuptothedateofterminationofanOrder.If,afterterminationofanOrderbyStateOrderingEntities,itisdeterminedthatContractorwasnotinbreachorthatContractor'sactionorinactionwasexcusable,suchterminationshallbetreatedasaterminationinthepublicinterestandtherightsandobligationsofthePartiesshallbethesameasifthisAddendumhadbeenterminatedinthepublicinterest,asdescribedbelowin§13.B.DamagesandWithholding.NotwithstandinganyotherremedialactionbytheParticipatingStateoranOrderingEntity,ContractorshallremainliabletotheStateortheOrderingEntityasmaybeappropriateforanydamagessustainedbytheStateortheOrderingEntitybyvirtueofanybreachunderthisAddendumbyContractor.AnOrderingEntitymaywithholdanypaymenttoContractorforthepurposeofmitigatingtheOrderingEntity’sdamages,untilsuchtimeastheexactamountofdamagesduetotheOrderingEntityfromContractorisdetermined.AriOrderingEntitymaywithholdanyamountthatmaybedueContractorastheOrderingEntitydeemsnecessarytoprotectagainstloss,includinglossasaresultofoutstandingliens,claimsofformerlienholders,orfortheexcesscostsincurredinprocuringsubstituteGoodsorServices.ContractorshallbeliableforexcesscostsincurredbytheOrderingEntityinprocuringfromthirdPartiesreplacementWorkorsubstituteGoodsand/orServices.ContractEarlyTenninationinthePublicInterest.TheParticipatingStateisenteringintothisAddendumforthepurposeofcarryingoutthepublicpolicyoftheStateofColorado,asdeterminedbyitsGovernor,GeneralAssembly,and/orCourts.IfthisAddendumceasestofurtherthepublicpolicyoftheState,theState,initssolediscretion.mayterminatethisAddendum,andanyOrder,inwholeorinpart.ExercisebytheParticipatingStateofthisrightshallnotconstituteabreachoftheState’soranyOrderingEntity’sobligationshereunder.ThissubsectionshallnotapplytoatenninationofthisAddendumbytheStateforcauseorbreachbyContractor,whichshallbegovernedby§13.Aorasothennlisespeci?callyprovidedherein.MethodandContent.TheStateshallnotifyContractorofsuchterminationinaccordancewith§SoftheAddendum.ThenoticeshallspecifytheeffectivedateoftheterminationandwhetheritaffectsalloraportionofthisAddendumandanyOrders.ObligationsandRights.Uponreceiptofaterminationnotice,Contractorshallbesubjecttoandcomplywithmesameobligationsandrightssetforthin§13(A)(i).Paymentsa)IfthisAddendumisterminatedbytheParticipatingStatepursuanttothis§13(B),26D)ContractorRev06r'0l/15Page 233 of 268 CMS£134032COREDOClDlI20l I42shallbepaidbyrespectiveOrderingEntitiesforalloutstandingOrdersanamountwhichbearsthesameratiotothetotalreimbursementunderthoseOrdersasContractorsobligationsthatweresatisfactorilyperfonnedbeartothetotalobligationssetforthineachOrder.lesspaymentspreviouslymade.b)Additionally,ifanOrderislessthansixty(60)percentcompleted,anOrderingEntitymayreimburseContractorforaportionofactualout-of-pocketexpenses(notothenuisereimbursedunderthisContract)incurredbyContractorwhicharedirectlyattributabletotheunoompletedportionofContractor'sobligationshereunder;providedthatthesumofanyandallreimbursementshallnotexceedthemaximumamountpayabletoContractorbyanOrderingEntityundersuchOrder.C.Sute’sOptiontoTerminate.TheParticipatingStatemay,atanytime,terminatethisAddendumbysendingpriorwrittennoticetotheContractor,Suchnoticeshallstatetheeffectivedateoftermination,whichshallbenolessthanthirty(30)calendardaysafterthedateofthenotice.D.RemediesNotInvolvingcontractTemilnatlon.TheParticipatingState,initssolediscretion,mayexerciseoneormoreofthefollowingremediesinadditiontootherremediesavailabletoit:i.SuspendPerformance.SuspendContractor'sperformancewithrespecttoalloranypor?onofthisAddendumpendingnecessarycorrectiveactionasspeci?edbytheStatewithoutentitlingContractortoanadjustmentinpricelcostorperformanceschedule.ContractorshallpromptlyceaseperformanceandincurringcostsinaccordancewiththeState'sdirectiveandtheStateshallnotbeliableforcostsincurredbyContractorafterthesuspensionofperformanceunderthisprovision.ii.WlthholdPayment.WrthholdpaymenttoContractoruntilcorrectionsinContractorsperformancearesatisfactorilymadeandcompleted.III.DenyPayment.Denypaymentforthoseobligationsnotperformedthat,duetoContractorsactionsorinaction’s,cannotbeperformedor,ifperformed,wouldbeofnovaluetotheState,provided,thatanydenialofpaymentshallbereasonablyrelatedtothevaluetotheStateoftheobligationsnotperformed.iv.Removal.Notwithstandinganyotherprovisionherein,theStatemaydemandimmediateremovalofanyofContractorsemployees,agents.orSubcontractorswhomtheStatedeemsincompetent,careless,insubordinate,unsuitable,orotherwiseunacceptable,orwhosecontinuedparticipationunderthisAddendumisdeemedtobecontrarytothepublicinterestortheState'sbestinterest.E.IntellectualProperty.IfContractorinfringesonapatent,copyright,trademark,tradesecretorotherintellectualpropertyrightwhileperformingitsobligationsunderthisAddendum,Contractorshall,attheState'soptionoranOrderingEntity’:option(i)obtainfortheStateorContractortherighttousesuchGoodsandServices;(ii)replaceanyGoodsinvolvedintheperformanceoftheServiceswithnon~infringingGoods,ormodifythemsothattheybecomenon-infringing;or,(III)ifneitheroftheforegoingalternativesarereasonablyavailable,removeordiscontinueanyinfringingServicesorGoodsandrefundthepricepaid(a)fortheaffectedproductinthe?rstyearorthedepreciatedvaluethereafteror;(b)forsupportservices,thebalanceofanypre-paidamountor;(c)forprofessionalservicesrenderedtotheState.F.Non-StateOrderingEntltyRemedies.Non-StateOrderingEntitiesmayincludeotherremediesinthetermsoftheOrderstheyplace.G.DelayorNonperfonnance—LlquldatedDamages.IfanOrderingEntityprovidesContractorwithwrittennoticeofdelayornonperformanceunderanOrderinaccordancewith§5oftheAddendum,andContractorfailstocuresuchdelayornonperformancewithinthetimespeci?edinsuchnotice,thentotheextentsuchOrdercontainsaliquidateddamagesprovision,Contractorshallbeliablefortheliquidateddamagesinadditiontoanyotherapplicabledamagesasprovidedtherein.14.GOVERNMENTALIMMUNITYLiabilityforclaimsforinjuriestopersonsorpropertyarisingfromthenegligenceoftheStateofColorado,27Rev0630]/I5Page 234 of 268 CMSit34032COREDOC[DItlolooooooooo-0000-oI42itsdepartments,institutions,agencies,boards.officials,andemployeesiscontrolledandlimitedbytheprovisionsoftheGovernmentalImmunityAct.CRS§24-10-101,etseq.andtheriskmanagementstatutes,CRS§24-30-1501,etseq.,asamended.15.STATEWIDECONTRACTMANAGEMENTSYSTEMA.IfthemaximumamountpayabletoContractorbyanyoneStateOrderingEntityunderthisAddendumis$100,000orgreater.eitherontheEffectiveDateoratanytimethereafter.this§15applies.i.Contractoragreestobegoverned,andtoabide,bytheprovisionsofCR5§24-102-205,§24-102-206,§24-103-601,§24-103.5-101and§24-105-102concerningthemonitoringofContractorperformanceonStateContractsandinclusionofContractperformanceinformationinastatewideContractManagementSystem.ii.Contractor’sperformanceshallbesubjecttoEvaluationandReviewinaccordancewiththetermsandconditionsofthisAddendum,Statelaw,includingCRS§24-103.5-101,andStateFiscalRules,PoliciesandGuidance.EvaluationandReviewofContractorsperformanceshallbepartofthenormalContractadministrationprocessandContractor'sperformancewillbesystematicallyrecordedinthestatewideContractManagementSystem.iv.AttheendoftheAddendumterm,theStateOrderingEntityshallcompleteandsubmitaperformanceEvaluationinaformsubstantiallyequivalenttoExhibit3(SampleContractorPerfomlanceEvaluation).AreasofEvaluationandReviewshallinclude,butshallnotbelimitedtoquality,costandtimeliness.CollectionofinformationrelevanttotheperformanceofContractor'sobligationsunderthisAddendumshallbedeterminedbythespeci?crequirementsofsuchobligationsandshallincludefactorstailoredtomatchtherequirementsofContractor'sobligations.SuchperformanceinformationshallbeenteredintothestatewideContractManagementSystematintervalsestablishedbyStateOrderingEntitiesanda?nalEvaluation,ReviewandRatingshallberenderedwithinthirty(30)daysoftheendoftheAddendumterm.Contractorshallbenoti?edfollowingeachperformanceEvaluationandReview,andshalladdressorcorrectanyidenti?edprobleminatimelymannerandmaintainWorkprogress,Shouldthe?nalperformanceEvaluationandReviewdeterminethatContractordemonstratedagrossfailuretomeettheperformancemeasuresestablishedhereunder.theExecutiveDirectoroftheColoradoDepartmentofPersonnelandAdministration(ExecutiveDirector),uponrequestbytheStatePurchasingOf?ce.andshowingofgoodcause,maydebarContractorandprohibitContractorfrombiddingonfutureContracts.Contractormaycontestthe?nalEvaluation.ReviewandRatingby:(i)?lingrebuttalstatements,whichmayresultineitherremovalorcorrectionoftheEvaluation(CRS§24-105-102(6)).or(II)underCRS§24-105-102(6),exercisingthedebarmentprotestandappealrightsprovidedinCRS§24-109-106,107,201or202,whichmayresultinthereversalofthedebannentandreinstatementofContractor,bytheExecutiveDirector,uponashowingofgoodcause.Contractorshallbenoti?edfollowingeachperfonnanceEvaluationandReview,andshalladdressorcorrectanyidenti?edprobleminatimelymannerandmaintainWorkprogress.Contractormay28Rev06/01/15Page 235 of 268 CMSifE4032COKEDOCIDt1mI 4l4zcontestthe?nalEvaluation,Reviewandratingby?lingrebuttalstatements,whichmayresultineitherremovalorcorrectionoftheEvaluation(CR8§24-105-102(6)).16.GENERALPROVISIONSA.Assignmentandsubcontracts.Contractofsrightsandobligationshereunderarepersonalandmaynotbetransferred,assignedorsubcontractedwithouttheprior,writtenconsentoftheParticipatingState,whichshallnotbeunreasonablywithheld.Anyattemptatassignment,transfer,subcontractingwithoutsuchconsentshallbevoid.Allassignments,subcontracts,orSubcontractorsapprovedbyContractorortheStatearesubjecttoalloftheprovisionshereof.Contractorshallbesolelyresponsibleforallaspectsofsubcontractingarrangementsandperformance.BindingEffect.Exceptasotherwiseprovidedin§18(A),allprovisionshereincontained,includingthebene?tsandburdens,shallextendtoandbebindingupontheParties’respectiveheirs,legalrepresentatives,successors,andassigns.Captions.ThecaptionsandheadingsinthisAddendumareforconvenienceofreferenceonly,andshallnotbeusedtointerpret,de?ne,orlimititsprovisions.Counterparts.ThisAddendummaybeexecutedinmultipleidenticaloriginalcounterparts,allofwhichshallconstituteoneAgreement.EntireUnderstanding.ThisAddendum,togetherwiththeMasterAgreement,representsthecompleteintegrationofallunderstandingsbetweentheParties,andallpriorrepresentationsandunderstandings.oralorwritten,aremergedherein.Priororcontemporaneousadditions,deletions,orotherchangesheretoshallnothaveanyforceoreffectwhatsoever,unlessembodiedherein.Indemni?cation.Contractorshallindemnify,save,andholdhannlesstheState.itsemployeesandagents,againstanyandallthird-partyclaims,damages,liabilityandcourtawardsincludingcosts,expenses,andattorneyfeesandrelatedcosts,incurredasaresultofanynegligentorintentionalactoromissionbyContractor,oritsemployees,agents,Subcontractors,orassigneespursuanttothetermsofthisCon?act;however,theprovisionshereofshallnotbeconstruedorinterpretedasawaiver,expressorimplied,ofanyoftheimmunities,rights,benefits,protection,orotherprovisions,oftheColoradoGovernmentalImmunityAct,CR8§24-10-101etseq.,ortheFederalTortClaimsAct,28U.S.C.2671etseq.,asapplicable,asnoworhereafteramended.JurisdictionandVenue.AllsuitsoractionsrelatedtothisAddendumshallbe?ledandproceedingsheldintheStateofColoradoandexclusivevenueshallbeintheCityandCountyofDenver.Modificationi.BythePartiesa)Exceptasspeci?callyprovidedinthisAddendum,modi?cationsofthisAddendumshallnotbeeffectiveunlessagreedtoinwritingbythePartiesinanamendmenttothisAddendum,properlyexecutedandapprovedinaccordancewithapplicableColoradoStatelawandStateFiscalRules.b)Modi?cationspermittedunderthisAddendum,otherthanamendments,shallconformtothepoliciesoftheOf?ceoftheStateController,including,butnotlimitedto,thepolicyentitledMODIFICATIONSOFCONTRACTS-TOOLSANDFORMS.ii.ByOperationofLaw.ThisAddendumissubjecttosuchmodi?cationsasmayberequiredbychangesinFederalorColoradoStatelaw,ortheirimplementingregulations.Anysuchrequiredmodi?cationautomaticallyshallbeincorporatedintoandbepartofthisAddendumontheefiectivedateofsuchchange,asiffullysetforthherein.OrderofPrecedence.TheprovisionsofthisAddendumshallgoverntherelationshipoftheParties.Intheeventofcon?ictsorinconsistenciesbetweenthisAddendumanditsExhibitsandOtherAttachments,including,butnotlimitedto,thoseprovidedbyContractor,suchcon?ictsorinconsistenciesshallberesolvedbyreferencetothedocumentsinthefollowingorderofpriority:i.§4.D.vi.and§17ofthisExhibitAtotheAddendum,HIPPAandFFATAii.§18ofthisExhibitAtotheAddendum,ColoradoSpecialProvisions,29Rev06/011]5Page 236 of 268 CMSllB4032COREDOCIDN20l6 l42III.TheprovisionsofthemainbodyofthisAddendumandthisExhibitA,a)TheprovisionsoftheMasterAgreement,andb)TheprovisionsofeachOrder.Notwithstandinganythingtothecontraryherein,theStateandOrderingEntitiesshallnotbesubjecttoanyprovisionincorporatedinanyexhibitattachedhereto,anyprovisionincorporatedinanytermsandconditionsappearingonContractorsorSubcontractorswebsite,anyprovisionincorporatedintoanyclickthroughoronlineAgreements,oranyprovisionincorporatedintoanyotherdocumentorAgreementbetweenthePartiesthat(a)requirestheStateorOrderingEntitytoindemnifyContractororanyotherParty,(b)isinviolationofStatelaws,regulations,rules,?scalrules.policies,orotherStateorOrderingEntityrequirementsasdeterminedsolelybytheStateorOrderingEntity,or(c)iscontrarytoanyoftheprovisionsincorporatedinto§16orthemainbodyofthisAddendum.J.severablllty.ProvidedthisAddendumcanbeexecutedandperformanceoftheobligationsofthePartiesaccomplishedasintended,theprovisionshereofareseverableandanyprovisionthatisdeclaredinvalidorbecomesinoperableforanyreasonshallnotaffectthevalidityofanyotherprovisionhereof,providedthatthePartiescancontinuetoperformtheirobligationsunderthisAddenduminaccordancewithitsintent.K.SurvlvalofCertainAddendumTerms.Notwithstandinganythinghereintothecontrary,provisionsofthisAddendumrequiringcontinuedperformance,compliance,oreffectafterterminationhereof,shallsurvivesuchterminationandshallbeenforceablebytheStateoranOrderingEntityifContractorfailstoperformorcomplyasrequired.L.ThirdPartyBene?ciaries.EnforcementofthisAddendumandallrightsandobligationshereunderarereservedsolelytotheParties.AnyServicesorbene?tswhichthirdPartiesreceiveasaresultofthisAddendumareincidentaltotheAddendum,anddonotcreateanyrightsforsuchthirdParties.M,Walver.Waiverofanybreachunderatem,provision,orrequirementofthisAddendum,oranyrightorremedyhereunder,whetherexplicitlyorbylackofenforcement,shallnotbeconstruedordeemedasawaiverofanysubsequentbreachofsuchtenn,provisionorrequirement,orofanyotherterm,provision,orrequirement.N.CORADisclosure.Totheextentnotprohibitedbyfederallaw.thisAddendumandtheperformancemeasuresandstandardsunderCRS§24-103.6-101,ifany,aresubjecttopublicreleasethroughtheColoradoOpenRecordsAct,CR5§24-72-101,etseq.0.SexOffenderRegistryCheck.Ifinthecourseofdoingbusiness,aContractorsemployeeanditsSubcontractors,andlorauthorizeddealers/distributors,visitsaStatefacilitythathasasclientschildrenundertheageof21onthepremises,ContractorshallcompleteasexoffenderregistrycheckoneachsuchemployeepriortosuchemployeegoingtoanysuchStatefacility.IntheeventaContractofsemployeeisontheregistry,suchemployeeshallnotbesenttoaStatefacilityandwillnotbeadmittedtosuchfacility.LinktoaccesstheColoradoDepartmentofPublicSafety’swebsite:hgtg://gg§web.g@te.cg.g_sI(ReferenceCRS§16-22-110,SexOffenderRegistry.)17.FEDERALFUNDINGACCOUNTABILITYANDTRANSPARENCYACTOF2004(“FFATA")IforwhenanOrderingEntityplacesanOrderusingFFATAfunds,theOrderingEntityshallimmediatelynotifytheParticipatingStateandContractorandsuchOrdershallincludethe“StateofColoradoSupplementalProvisionsforFederallyFundedContracts,Grants,andPurchaseOrdersSubjecttotheFederalFundingAccountabilityandTransparencyActof2006,asamended,‘assuchprovisionsmaybemodi?edfromtimetotime.TheFFATAprovisionsareavailableonthewebsiteoftheColoradoStateControllerat:httgs://www.Coloradogovlgacific/oscltfata.TheParticipatingStateandtheOrderingEntityagreetocomplywithallapplicablefederalandStatereportingrequirementsfortheuseofFFATAfunds.ContractorshallprovidetherequiredreporttotheOrderingEntitywiththeinvoicepresentedtotheOrderingEntityforpayment.ThePartiesacknowledgethatContractor,forpurchasesunderthisAddendum,isnotaSubcontractororsub~grantee.butaproviderofGoodsandrelatedServices.18.COLORADOSPECIALPROVISIONSTheseSpecialProvisionsapplytoallStateAgencies,OtherStateDepartmentsandState-fundedInstitutionsofHigherEducationContractsandOrdersexceptwherenotedinitalics.30Rev06:01/I5Page 237 of 268 CMSIt54032COREDOC[DR2ol I42CONTROLLER'SAPPROVAL.CRS§24-30-202(1).ThisAddendumshallnotbevaliduntilithasbeenapprovedbytheColoradoStateControllerordesignee.FUNDAVAILABILITY.CRS§24-30-Z02(5.5).FinancialobligationsoftheStatepayableafterthecurrentFiscalYeararecontingentuponfundsforthatpurposebeingappropriated.budgeted,andotherwisemadeavailable.GOVERNMENTALIMMUNITY.NotermorconditionofthisAddendumshallbeconstruedorinterpretedasawaiver,expressorimplied,ofanyoftheimmunities,rights,bene?ts,protections,orotherprovisions,oftheColoradoGovernmentalImmunityAct,CR5§24-10-101etseq.,ortheFederalTortClaimsAct,28U.S.C.§1346(b)and2671etseq.,asapplicablenoworhereafteramended.INDEPENDENTCONTRACTOR.ContractorshallperformitsdutieshereunderasanindependentContractorandnotasanemployee.NeitherContractornoranyagentoremployeeofContractorshallbedeemedtobeanagentoremployeeoftheState.ContractoranditsemployeesandagentsarenotentitledtounemploymentinsuranceorWorkerscompensationbenefitsthroughtheStateandtheStateshallnotpayfororotherwiseprovidesuchcoverageforContractororanyofitsagentsoremployees.COMPLIANCEWITHLAW.ContractorshallstrictlycomplywithallapplicablefederalandStatelaws,rules,andregulationsineffectorhereafterestablished,including,withoutlimitation,lawsapplicabletodiscriminationandunfairemploymentpractices.CHOICEOFLAW.Coloradolaw,andmlesandregulationsissuedpursuantthereto,shallbeappliedintheinterpretation,execution,andenforcementofthisAddendum.Anyprovisionincludedorincorporatedhereinbyreferencewhichoon?iotswithsaidlaws.rules,andregulationsshallbenullandvoid.AnyprovisionincorporatedhereinbyreferencewhichpurportstonegatethisoranyotherSpecialProvisioninwholeorinpartshallnotbevalidorenforceableoravailableinanyactionatlaw,whetherbywayofcomplaint,defense.orotherwise.AnyprovisionrenderednullandvoidbytheoperationofthisprovisionshallnotinvalidatetheremainderofthisAddendum,totheextentcapableofexecution.BINDINGARBITRATIONPROHIBITED.TheStateofColoradodoesnotagreetobindingarbitrationbyanyextra-judicialbodyorperson.AnyprovisiontothecontraryinthisAddendumorincorporatedhereinbyreferenceshallbenullandvoid.SOFTWAREPIRACYPROHIBITION.Governor'sExecutiveOrderD00200.StateorotherpublicfundspayableunderthisAddendumshallnotbeusedfortheacquisition,operation,ormaintenanceofcomputersoftwareinviolationoffederalcopyrightlawsorapplicablelicensingrestrictions.Contractorherebycertifiesandwarrantsthat.duringthetermofthisAddendumandanyextensions.Contractorhasandshallmaintaininplaceappropriatesystemsandcontrolstopreventsuchimproperuseofpublicfunds.IftheStatedeterminesthatContractorisinviolationofthisprovision,theStatemayexerciseanyremedyavailableatlaworinequityorunderthisAddendum,including.withoutlimitation,immediatetenninationofthisAddendumandanyremedyconsistentwithfederalcopyrightlawsorapplicablelicensingrestrictions.EMPLOYEEFINANCIALINTERESTICONFLICTOFINTEREST.CRS§24-18-201and§24-50-507.Thesignatoriesaverthattotheirknowledge,noemployeeoftheStatehasanypersonalorbene?cialinterestwhatsoeverintheserviceorpropertydescribedinthisAddendum.Contractorhasnointerestandshallnotacquireanyinterest,directorindirect,thatwouldconflictinanymannerordegreewiththeperformanceofContractor‘sServicesandContractorshallnotemployanypersonhavingsuchknowninterests.VENDOROFFSET.CRS524-so-202(1)and§z4-so-202.4.[NotapplicabletointergovernmentalAgreements]SubjecttoCRS§24-30-202.4(3.5),theStateControllermaywithholdpaymentundertheState'svendoroffsetinterceptsystemfordebtsowedtoStateAgenciesfor:(I)unpaidchildsupportdebtsorchildsupportarrearages;(ii)unpaidbalancesoftax,accruedinterest,orotherchargesspeci?edinCRS§39-21-101,etseq;(III)unpaidloanscluetotheStudentLoanDivisionoftheDepartmentofHigherEducation;(iv)amountsrequiredtobepaidtotheUnemployment31Rev06/Oi/15Page 238 of 268 CMSIIN032COREDOClD#wl l42CompensationFund;and(V)otherunpaiddebtsowingtoheStateasaresultof?nalagencydeterminationorjudicialaction.PUBLICCONTRACTSFORSERVICES.CRS§8-17.5-101.[NotapplicabletoAgreementsrelatingtotheoffer,issuance,orsaleofsecurities,investmentadvisoryServicesorfundmanagementServices,sponsoredprojects,intergovernmentalAgreements,orinformationtechnologyServicesorproductsandServices]Contractorcerti?es,warrants,andagreesthatitdoesnotknowinglyemployorContractwithanillegalalienwhowillperformWorkunderthisAddendumandwillcon?rmtheemploymenteligibilityofallemployeeswhoarenewlyhiredforemploymentintheUnitedStatestoperformWorkunderthisAddendum,throughparticipationintheE-VerifyProgramortheStateprogramestablishedpursuanttoCRS§8-17.5-102(5)(c),ContractorshallnotknowinglyemployorContractwithanillegalalientoperformWorkunderthisAddendumorenterintoaContractwithaSubcontractorthatfailstocertifytoContractorthattheSubcontractorshallnotknowinglyemployorContractwithanillegalalientoperformWorkunderthisAddendum.Contractor(i)shallnotuseE-VerifyProgramorStateprogramprocedurestoundertakepre-employmentscreeningotjobapplicantswhilethisAddendumisbeingperformed,(ii)shallnotifytheSubcontractorandthecontractingStateagencywithintl1ree(3)daysifContractorhasactualknowledgethataSubcontractorisemployingorcontractingwithanillegalalienforWorkunderthisAddendum,(iii)shallterminatethesubcontractifaSubcontractordoesnotstopemployingorcontractingwiththeillegalalienwithinthree(3)daysofreceivingthenotice.and(iv)shallcomplywithreasonablerequestsmadeintheoourseofaninvestigation,undertakenpursuanttoCRS§8-11.5-102(5),bytheColoradoDepartmentofLaborandEmployment.ItContractorparticipatesintheStateprogram,ContractorshalldelivertothecontractingStateagency.InstitutionofHigherEducationorPoliticalSubdivision,awritten,notarizedaffirmation,affirmingthatContractorhasexaminedthelegalWorkstatusofsuchemployee,andshallcomplywithalloftheotherrequirementsoftheStateprogram.IfContractorfailstocomplywithanyrequirementofthisprovisionorCR5§8-17.5-101etseq.,thecontractingStateagency,InstitutionofHigherEducationorPoliticalSubdivisionmayterminatethisAddendumforbreachand,ifsoterminated,Contractorshallbeliablefordamages.PUBLICCONTRACTSWITHNATURALPERSONS.CR5§24-78.5-1I11.Contractor,ifanaturalpersoneighteen(18)yearsofageorolder,herebyswearsandaf?rmsunderpenaltyofperjurythatheorshe(I)isacitizenorotherwiselawlullypresentintheUnitedStatespursuanttofederallaw,(ll)shallcomplywiththeprovisionsofCR5§24-76.6-101etseq.,and(III)hasproducedoneformofidenti?cationrequiredbyCR5§24-76.5-103priortotheeffectivedateofthisAddendum.SP5Elteutve01/01/09THERESTOFTHISPAGEINTENTIONALLYLEI<'l‘BLANK32Rev06/Di/15Page 239 of 268 CW5;K4032COREDOCID:4IDlsoo0<m0<x>000o—oi41EXHIBIT1-SAMPLEOPTIONLETTERDate:OrlglnalContractCMS#:OptlonLetter#CMSRouting#1)OPTION.Optiontorenewonly(foranadditionalterm)2)REQUIREDPROVISIONS.InaccordancewithSection(s)oftheOriginalContractbetweentheStateofColorado.DepartmentofPersonnel&Administration,StatePurchasingOfficeandInsertLegalNameofContractor,theStateherebyexercisesitsoptionforanadditionaltermbeginningInsertstartdateandendingonInsertendingdateatacostlpricespeci?edinSection,Exhibit3)EFFECTIVEDATE.TheeffectivedateofthisOptionLetterisuponapprovaloftheStateControlleror,whicheverislater.STATEOFCOLORADOJohnW.Hlckenlooper,GovernorNameofAgencyorIHEBy:InsertName8.TitleofPersonSigningforAgencyorIHEDate:CRS§24-30-202requiresthestateControllertoapproveallStateContracts.ThisOptionLetterisnotvaliduntilsignedanddatedbelowbytheStateControllerordelegate.ContractorIsnotauthorizedtobeginperfonnanceuntilsuchtime.IfContractorbeginsperformingprlorthereto,theStateofColoradoisnotobligatedtopayContractorforsuchperformanceorforanyGoodsandlorServicesprovidedhereunder.vSTATECONTROLLERRobertJaros,CPA,MBA,JDBy:InsertNameofAgencyorIHEDelegate-PleasedeleteifContractwillberoutedtoOSCforapprovalDate:33Rev06/01/I5Page 240 of 268 CMS5W032COREDOCIDK20I I42EXHIBIT2—SA]V?’LESUMMARYCONTRACTORVOLUMEREPORTSTATEOFCOLORADOsmmmpIeled[MmIo:sun:Pun!-ulnlD?lceL-:25E1-ermansnm,1-mmFloovnmm,:0mmormanIa&muepomngmm:-Plummmmnpgrcpvimup.«o¢~w-.........m<—rmmHighlighfcdAreasVENDORQUARTERLYSUMMARYVOLUMEREPORTVendorHume:‘CnnlanPernm:,.x2-muAddress:XPhone:‘‘om:‘CnlnrldoPriceAxreemzmll:xCnmmn?ilvorsuvicemm:_IuIy-Seplemher:1<—Se/edone/mm>maDropDownMannnuaomn:Yul-Plus:selecltheIormoprllleyear:IN13_j‘SPOsourcingSnoclallncomm»Pleas:selecttheSpecialistande-nuilthisformtn"IMVW""'°°'13'“)5595151M“"V>""¢"'°5"l€WW_'salesomIuponed'’“M°,EmvYulalSalesDallnrsluularmmPridng_TotalPawav,YhlsQuzner‘clmuSlles’‘’'‘"‘‘"dm‘S'''"‘‘cummuaaumuncam‘'°"'°'“'‘5"“meAlenzvesIncownerssunmnmmms'5'5°"5’“"5’°"Hlxhersamum5~5-5ones-mss-M$-5»5not5-ms5-WK$-5-S0%S-M6$-ass-S-S9%S-MS5-0%.Nan:Mnkech-ckmamIo’sux:nlEA4arxdn".Sandla:wmaosunvumm.Dllkn,zszssh-munSunk.umFlaw,Denv:1,CDsummom:1ramsalesbo?alsthisowner-AllachdetailedrmnruldzulowmnlhueInlouuu.2lewlorluu]Mdnga/Totolsaler1»;ml/CatalanIMmmm:and9hmaneanvduscoums.3Lmmumtcoscsamngx»savingslath:sumandasisadire<lmunalmlsnrloeltreemenl.aTom!Pvlrlhy(nu-meraalcm-mm;thepnrlinnulmmsalesandasonbyumslamFramremenlCardacreditcards5mayEreenSale!-nenemmepommnllvulxulesmmmm:hasEnvlrunmnnlillymruam.illrlhulrs.spolnmlsummson;,ExamplesVnzludnElly/Cuunlv/|m=lGrwemmuns,SpecialDistricts(S:hun|,Five,Wllu,Ynnwunnionmg)7»non-no/m-0r|Iniziliunxquali?udinuh.SliluPuninirxingemu:mmanc.R.s2l»uD-2n7.5.ICoIom4oAdmInIsDalIonIn-onlywplinhletopriceIgreemenuwhenKMSntemumngaIn.I/undo!mummyenterssroUseOnlyum;/cummenu:(enlevhexe-->yDiv:Enteredmanb1.34Rev06/0]/I5Page 241 of 268 CMSit34032COREDOClD#N| Ul42EXHIBIT3—SAMPLECONTRACTORPERFORMANCEEVALUATIONStateofColoradoContractManagementInformationFINALContractorPerformanceEvaluationColoradoRevisedStatutes§24~l0Z-205(6)ofemhpersonalServicesconnectwithavenueovertl00,D00,theindividualselectedbythestateagencyorinstitutionof?igherEducalimr(ll-IE),pursuanttocns§24—lD3.S—l0l(3),IomonitorthesonmmrsWorkunderthecontract[ContractMonitor)shallcttlllplettthisnmu.ContractorPerforlnmlceravitiuiioo(Evaluation)andsubmitthecompletedEvaluationtothecontractorto.ReviewandcommentpursuanttoCRS§24-103.5-10l(6)ThisEvaluationandeonu'al;tor‘sresponse,ifanly,shallbeaddedtothestatewidecounosiManagementsysiein(CMS)withintlritly(so)daysaltercontractcompletionandbeeotnepubliclyavailableaspartoftheState’:senrchnblewebsiteSolicitingStateAgenciesandll-lEsarerequiredtorevieweonipieieoEvnluntionspriortoinulong{ulutecontractaward:toEmurethattheprospectivecontractormeetsapplicableresponsibilityAcustomerwhodisputesanyinftrrrnutinncontainedinonEvaluationnuiyexeieisetheoontrnclngiiissetforthinCR552A-109-106,107,201or202.CompletingtltltForm>ggmggmmumgmmm,theconoseiMonitorsnouensurethatALLapplicablefieldsinCMSonecompleteduponconclusionnfthecontact3»TheContractMonitororProcurementSu?snortsubmitarecompletedEvaluationtotheoonmioiforReviewandcommentwithintlnrly(30)saysofcontractcompletion.>ThesuiteagencyorIHEshallmaintainmasEvaluationandconnectorsresponse,ifany,aspartoruso?icialcontractareandshallposttileEvaluationonCMSwill-rmtltiny(30)dzysofuontractcovnpletion.>ThisEvaluationshallrclll?lllaparturcwlsfuratlessrive(5)yeltrslollowingthenoteitisInacltedtomecmssonuueimoistCR5.§24-I05-I02(4).>lfxlreeonoueiisonoonstmctionServiceswithavalueof$500,0000!more,theContractMonitorumshallcompletetheformentitled"ConstnlctionContractorFinalrerrpnnonpeEvaluationReport".>ThisEvaluationismuequiredforcontractsunderMedicare,the“ColoradoMedicalAssistnnoeAc1",ArtieIes4to.5ofTitIe255,CR5,the“Children'sBasici-ieumiPlanAct",Anicle3ofTitIe255,015,orlhe“ColoradolndigentCateProgram",PartIofArticIz3ofTiLle25.5,CR5.CMSIdenti?cationNumber:,ContractCompletionDate:NameofStateAgency/I]-IE:NameofContractor/Grantee:NameofProject/Program:ContractorPerformance—EvnluationconductedaftercompletionofServicesContractormetrequirementsrelatedtoQuality:YesNoContractormetrequirementrelatedtoCost:Yes:|NoDContractormetrequirementsrelatedtoTimeliness:YesDNoDBrie?yindicatettrea(s)ofnon-complianceandstepstakentoremedy:lndiciatenumberanddatesofinterimperformanceEvaluationworksheetscompletedforthisContract:OverallRatingofContraetorPerformance:BelowStandard|:IStandard|:IAboveStandardI:ThefollowingtobecompletedbytheStatefollowingsubmittnltoContractorforReviewProvidedContractorwithopportunitytoReviewEvaluation?(Datesent:)YesE]No3ContractorsubmittedresponsetoEvaluation?(Daterebuttalreoeived:)YesDNoDContractordisputedEvaluation?(DateDisputereceived:)YesNoIIlfNo,explain:Bysigningbelow,IacknowledgethatlhavecompletedthisFinalContractorPerformanceEvaluationinaccordancewithCRS§24-102-205(6)Signature:Title:PrintNnme:Date:Phone:35Rev06/0]/ISPage 242 of 268 1)2)3)4)6)7)8)9)11.I)2)CMSi!B4032COREDOCIDII20| |4ZEXHIBIT4—IRSREQUIREMENTPERFORMANCEInperformanceofthisContract,theContractoragreestocomplywithandassumeresponsibilityforcompliancebyhisorheremployeeswiththefollowingrequirements:AllWorkwillbedoneunderthesupervisionoftheContractorortheContractor’semployees.Anyreturnorreturninfon-nationmadeavailableinanyformatshallbeusedonlyforcarryingouttheprovisionsofthisContract.lnfonnationcontainedinsuchmaterialwillbetreatedascon?dentialandwillnotbedivulgedormadeknowninanymannertoanypersonexceptasmaybenecessaryintheperfonnanceofthisContract.Disclosuretoanyoneotherthanano?iceroremployeeoftheContractorwillbeprohibited.Allreturnsandreturninfonnationwillbeaccountedforuponreceiptandproperlystoredbefore,during,anda?erprocessing.Inaddition,allrelatedoutputwillbegiventhesamelevelofprotectionasrequiredforthesourcematerial.TheContractorcerti?esthatthedataprocessedduringtheperfon-nanceofthisContractwillbecompletelypurgedfromalldatastoragecomponentsofhisorhercomputerfacility,andtheContractorwillretainnooutputatthetimetheWorkiscompleted.Ifimmediatepurgingofalldatastoragecomponentsisnotpossible,theContractorcerti?esthatanyIRSdataremaininginanystoragecomponentwillbesafeguardedtopreventunauthorizeddisclosures.-AnyspoilageoranyintermediatehardcopyprintoutthatmayresultduringtheprocessingofIRSdatawillbegiventotheagencyorhisorherdesignee.Whenthisisnotpossible,theContractorwillberesponsibleforthedestructionofthespoilageoranyintermediatehardcopyprintouts,andwillprovidetheagencyorhisorherdesigneewithastatementcontainingthedateofdestruction,descriptionofmaterialdestroyed,andthemethodused.Allcomputersystemsprocessing,storing,ortransmittingFederaltaxinformationmustmeettherequirementsde?nedinIRSPublication1075.Tomeetfunctionalandassurancerequirements,thesecurityfeaturesoftheenvironmentmustprovideforthemanagerial,operational,andtechnicalcontrols.AllsecurityfeaturesmustbeavailableandactivatedtoprotectagainstunauthorizeduseofandaccesstoFederaltaxinformation.NoWorkinvolvingFederaltaxinformationfurnishedunderthisContractwillbesubcontractedwithoutpriorwrittenapprovaloftheIRS.TheContractorwillmaintainalistofemployeesauthorizedaccess.Suchlistwillbeprovidedtotheagencyand,uponrequest,totheIRSreviewingoffice.TheagencywillhavetherighttovoidtheContractiftheContractorfailstoprovidethesafeguardsdescribedabove.CRIMINAL/CIVILSANCTIONSEachofficeroremployeeofanypersontowhomreturnsorreturninformationisormaybedisclosedwillbenotifiedinwritingbysuchpersonthatreturnsorretuminfonnationdisclosedtosuchof?ceroremployeecanbeusedonlyforapurposeandtotheextentauthorizedherein,andthatfurtherdisclosureofanysuchreturnsorreturninformationforapurposeortoanextentunauthorizedhereinconstitutesafelonypunishableuponconvictionbya?neofasmuchas$5,000orimprisonmentforaslongas?ve(5)years,orboth,togetherwiththecostsofprosecution.Suchpersonshallalsonotifyeachsuchofficerandemployeethatanysuchunauthorizedfurtherdisclosureofreturnsorreturninfonnationmayalsoresultinanawardofcivildamagesagainsttheofficeroremployeeinanamountnotlessthan$1,000withrespecttoeachinstanceofunauthorizeddisclosure.ThesepenaltiaareprescribedbyIRCsections7213and7431andsetforthat26CFR301.6103(n)-1.Eachofficeroremployeeofanypersontowhoreturnsorretuminfon-nationisormaybedisclosedshallbenoti?edinwritingbysuchpersonthatanyreturnorreturninformationmadeavailableinanyformatshallbeusedonlyforcarryingouttheprovisionsofthisContract.Informationcontainedinsuchmaterialshallbetreatedascon?dentialandshallnotbedivulgedormadeknowninanymannertoanypersonexceptas36Rev06/Ol/l5Page 243 of 268 3)1]].CMSII54032COREDOCIDIIZola-(x)0o-0000-0000-0I42maybenecessaryintheperfonnanceoftheContract.Inspectionbyordisclosuretoanyonewithoutanof?cialneedtoknowconstitutesacriminalmisdemeanorpunishableuponconvictionbya?neofasmuchas$1,000orimprisonmentforaslongasone(1)year,orboth,togetherwiththecostsofprosecution.Suchpersonshallalsonotifyeachsuchofficerandemployeethatanysuchunauthorizedinspectionordisclosureofreturnsorreturninformationmayalsoresultinanawardofcivildamagesagainsttheofficeroremployee[UnitedStatesforFederalemployees]inanamountequaltothesumofthegeaterof$l,000foreachactofunauthorizedinspectionordisclosurewithrespecttowhichsuchdefendantisfoundliableorthesumoftheactualdamagessustainedbytheplaintiffasaresultofsuchunauthorizedinspectionordisclosureplusinthecaseofawillfulinspectionordisclosurewhichistheresultofgrossnegligence,punitivedamages,plusthecostsoftheaction.ThesepenaltiesareprescribedbyIRCsection7213Aand7431.Additionally,itisincumbentupontheContractortoinformitsofficersandemployeesofthepenaltiesforimproperdisclosureimposedbythePrivacyActof1974,5U.S.C.5522.Speci?cally,5U.S.C.S52a(i)(l),whichismadeapplicabletoContractorsby5U.S.C.552a(m)(1),providesthatanyofficeroremployeeofaContractor,whobyvirtueofhis/heremploymentorofficialposition,haspossessionoforaccesstoagencyrecordswhichcontainindividuallyidenti?ableinfonnation,thedisclosureofwhichisprohibitedbythePrivacyActorregulationsestablishedthereunder,andwhoknowingthatdisclosureofthespeci?cmaterialisprohibited,willfullydisclosesthematerialinanymannertoanypersonoragencynotentitledtoreceiveit,shallbeguiltyofamisdemeanorand?nednotmorethan$5,000.INSPECTIONTheIRSandtheAgencyshallhavetherighttosenditsof?cersandemployeesintotheofficesandplantsoftheContractorforinspectionofthefacilitiesandoperationsprovidedfortheperfon-nanceofanyWorkunderthisContract.Basedonsuchinspection,speci?cmeasuresmayberequiredincaseswheretheContractorisfoundtobenoncompliantwithContractsafeguards.37Rev06/0]/15Page 244 of 268 Page 245 of 268 x360 830 G6, TB Dock, S430c, E243m, E243, GETAC Page of 1 4 HP Customer Quote 1255239 Contract Number: 2016000000000142NASPO HP PROPRIETARY INFORMATION FOR CUSTOMER USE ONLY. DO NOT SHARE June 9, 2020 Dear Jeromy King, Thank you for your recent interest in HP Public Sector Sales. Attached is the price quotation you requested. Please reference this contract: 2016000000000142NASPO when placing this order. The terms and conditions of this contract will apply to any order placed as a result of this inquiry; no other terms or conditions shall apply. If you should have questions regarding this quotation or need any other assistance, please contact your Inside Account Representative All Purchase Orders need to be made out to HP Inc. or HP with the Ordering address referenced below. The Purchase Order should include the Contract Number in the body of the Purchase Order. Please also be sure to include a copy of the quote, email address,the ship to location or drop ship locations, delivery date requirements and any other special information and if applicable, the HP Authorized Reseller Agent name or authorization number for the HP Agent providing you with support. Orders should be either Faxed to 800-825-2329, emailed to . PSOrderProcessing@hp.com If you are faxing or emailing this order a sample Purchase Order Document can be downloaded that gives guidance on what is required to place an order with HP. Click here to download the sample Purchase Order Ordering address: HP INC. Attn: Public Sector Sales 3800 Quick Hill Road Bldg 2, Suite 100 Austin, TX 78728 City of Englewood 1000 ENGLEWOOD PKWY Attn: Information Technology ENGLEWOOD, CO 80110 Exhibit B Page 246 of 268 x360 830 G6, TB Dock, S430c, E243m, E243, GETAC Page of 2 4 HP Customer Quote 1255239 Contract Number: 2016000000000142NASPO HP PROPRIETARY INFORMATION FOR CUSTOMER USE ONLY. DO NOT SHARE Information & Details Organization name:City of Englewood Catalog name:2016000000000142NASPO Created by:andreas.schatz@hp.com Partner Agent ID: Name:andreas.schatz@hp.com Email:Jking@englewoodco.gov Phone:3037622300 Email notification:andy.s@hp.com Created:June 9, 2020 Expires:July 9, 2020 Payment method: Purchase Order Quote total:USD 276,550.91 Billing Information OM ID:G10049 Company:City of Englewood Address: 1000 ENGLEWOOD PKWY Attn: Information Technology City :ENGLEWOOD State/Province:Colorado Zip/postal code:80110 Country:US Attention to: Email: Phone:3037622300 Fax: Shipping Information Company:City of Englewood Address: 1000 ENGLEWOOD PKWY Attn: Information Technology City:ENGLEWOOD State/Province:Colorado Zip/postal code:80110 Country:US Attention to: Email: Phone:3037622300 Fax: Delivery date: Shipping options: Shipping method:Ship Partial - Ship Items as they become available Comments: Invoice instructions: Shipping instructions: Quote Summary Product #Product Description Manufacturer #Quantity Unit Price Total Price HP Elitebook x360 830 G6 Reference Model: 31777827 Configuration: 32738351 5 USD 1,393.64 USD 2,670.78 Special price valid until 08/31/2020 USD 6,968.20 5PE05AV HP EliteBook x360 830 G6 Base Model Notebook PC 1 4SS11AV#ABA OS Localization 1 5PE59AV Win 10 Pro 64 1 5YN37AV Wacom AES 2.0 Pen wApp Launch Btn 1 5PE30AV 13.3FHDAGLEDUWVA1000fWANwHDCIRflatTSPVCY 1 5PE64AV 16GB (1x16GB) DDR4 2400 1 5PE76AV 256GB PCIe NVMe Value SSD 1 5PE35AV No Near Field Communication (No NFC)1 5PE84AV IntelWi-Fi6AX200ax2x2MUMIMOnvP160MHz+BT5 1 5PE41AV No WWAN 1 5PE71AV SEC Fingerprint Sensor 1 5PE70AV Active SmartCard 1 5PE02AV 4 Cell 53 WHr Long Life 1 5PE00AV 65 Watt Smart nPFC RA fFstCrg AC Adapter 1 5PF02AV#ABA C5 1.0m stkr CNVTL Power Cord 1 5PE99AV#ABA 3/3/0 Warranty 1 Page 247 of 268 x360 830 G6, TB Dock, S430c, E243m, E243, GETAC Page of 3 4 HP Customer Quote 1255239 Contract Number: 2016000000000142NASPO HP PROPRIETARY INFORMATION FOR CUSTOMER USE ONLY. DO NOT SHARE Product #Product Description Manufacturer #Quantity Unit Price Total Price X9H42AV No vPro AMT supported 1 W0T53AV DIB HP USB-C to RJ45 Adapter 1 5PF13AV#ABA Country Localization 1 5PF12AV#ABA Clickpad BL SR Cllb PVCY 1 X7B43AV eStar Enable IOPT 1 2TD22AV Core i7 sz2 G8 Label 1 UL784E HP 3y Nbd Onsite/ADP/DMR NB Only SVC 1 2UK37UT#ABA HP Thunderbolt Dock 120W G2 5 USD 172.00 USD 266.31 Special price valid until 08/31/2020 USD 860.00 5FW74A8#ABA HP S430c 43.4in Crved Ultrawide US 1 USD 945.00 USD 989.01 Special price valid until 08/31/2020 USD 945.00 1FH48A8#ABA HP PROMO EliteDisplay E243m Monitor 27 USD 185.00 USD 226.71 Special price valid until 08/31/2020 USD 4,995.00 1FH47A8#ABA HP EliteDisplay E243 27 USD 155.00 USD 177.21 Special price valid until 08/31/2020 USD 4,185.00 C005491 Getac V110 G5i78665U116 WebcamWin10 PROx VL51ZDJABUXW 63 USD 3,746.69 USD 4,789.80 Special price valid until 08/31/2020 USD 236,041.47 C001392 Getac Docking Station - 90 W GDOFUR 23 USD 295.54 USD 314.99 Special price valid until 08/31/2020 USD 6,797.42 A950937 Getac Protection Plus - 4 Year Extended Warranty - Warranty - Maintenance - Parts & Labor - Physical Service GE-SVTBNFX4Y 63 USD 250.14 USD 260.10 Special price valid until 08/31/2020 USD 15,758.82 Special pricing code: 42184267 Subtotal USD 276,550.91 Total USD 276,550.91 Unless our contract prohibits it, (a) prices are valid for 30 days from quote date and/or (b) HP may change prices or discounts and reissue quotes immediately if there are increases in costs, tariffs, or other changes outside HP’s control. If the bill to company and address you wish to use is not present at the time of check out please enter it in the "Shipping Instructions" box. The order management team will make sure it is billed to the correct location. Page 248 of 268 x360 830 G6, TB Dock, S430c, E243m, E243, GETAC Page of 4 4 HP Customer Quote 1255239 Contract Number: 2016000000000142NASPO HP PROPRIETARY INFORMATION FOR CUSTOMER USE ONLY. DO NOT SHARE Components of Configurable systems may not be ordered separately. Reference Model ID's and Configuration ID's are not part numbers, they are reference descriptions to your specific configuration. If you are submitting a hard copy purchase order, please include a printed copy of this quote with your purchase order. If you place an order for a product that was incorrectly priced, we will cancel your order and credit you for any charges. In the event that we inadvertently shipped an order based on a pricing error, we will issue a revised invoice to you for the correct price and contact you to obtain your authorization for the additional charge, or assist you with the return of the product, if payment was not already made. If payment was already made, HP will work with the agency to correct the invoice. If the pricing error results in an overcharge to you, HP will credit your account for the amount overcharged. Page 249 of 268 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Shawn Lewis DEPARTMENT: City Manager's Office DATE: July 20, 2020 SUBJECT: Approval of Englewood Strategic Plan DESCRIPTION: The Englewood Strategic Plan will be used to guide City staff and Council work planning for the next two years. This action will finalize the plan and trigger regular updates from staff to Council on progress thereafter. RECOMMENDATION: Staff recommends City Council approve, by Motion, the Englewood Strategic Plan. PREVIOUS COUNCIL ACTION: City Council Vision Retreat: January 27 Confirmation of City Council vision goals: February 10 Study Session Review and discussion of action plans related to each goal: February 24 Study Session Srategic Plan and Survey Response Overview: June 10 Study Sessoin SUMMARY: Based on the focus areas and goals created at the 2020 Council Vision Retreat, the attached Strategic Plan was created to achieve Council’s vision. Staff created action steps for each goal which were vetted by Council on February 10 and again on February 24. The public was surveyed regarding their priorities related to the Strategic Plan between May 4 and May 18. Council prioritized and made final edits to the plan at the June 10 Study Session. Minor edits and prioritization of goals per Council direction June 10 have been added to the attached final draft Strategic Plan. FINANCIAL IMPLICATIONS: N/A ALTERNATIVES: Establish no strategic plan ATTACHMENTS: Englewood Strategic Plan Final Draft Page 250 of 268 Englewood Council Vision Statements Wink Stone Sierra Russell Cuesta Olson Anderson Defining Success Neighborhoods Goal Translated from Council Thoughts Create ad hoc design feedback boards (non-binding or not) for design input for new construction Establish Neighborhood Resource Program and Neighborhood Resources Coordinator Organize neighborhoods into distinct areas with unique identities Ensure neighbors are connected to one another Residents feel ownership and connection to law enforcement/code eEnsure residents feel ownership and connection to law enforcement/code enforcement Increase walkability through safe, accessible infrastructure Ensure affordability Encourage diversity of people and architecture Encourage neighbor to neighbor connections Promote resident volunteerism in neighborhoods Infrastructure Thoughts Expresssed by Council Goal Translated from Council Thoughts Establish 20-year plan for financing Establish a long term Capital Improvement Plan Establish a City-wide Asset Management Plan Repair potholes within 7 business days Englewood City Council Vision Retreat 2020 20-year plan for financing Englewood will enjoy a rich, natural environment where all people and creatures are respected. Diversity is valued and residents have equal access to housing, open space and clean air. Englewood will increase density along the Broadway corridor, downtown, Civic Center area and the hospital district. Housing affordability will be increased by pursuing a variety of unit types and sizes including smaller units at lower price points. Walking and biking is encouraged and promoted, and entertainment opportunities are available to residents and the community is connected to one another in meaningful ways. Englewood has ample places for residents and families to gather and recreate. Little Dry Creek is uncovered in the central area of the city to increase such areas. Light rail and bicycle facilities are well used, increasing mobility. The central area of the city enjoys density with apartments and shops missing the middle-income housing, views of mountains with ample trees, water access and connection Englewood is a place where people come first. Residents are happy as they enjoy a safe place to live and work, quality infrastructure, and neighborhoods where new construction is compatible with the character of the neighborhood. Code Enforcement and Police work to ensure the safety of the neighborhoods, and the City is fiscal responsibility and always mindful of the ability of residents to bear the burden of infrastructure and services. The City communicates with citizens regularly and effectively, listening and addressing their concerns while being open and transparent to build trust with the community. Englewood is an evolving community in the larger Denver metro area. Even as Denver's growth continues southward, Englewood stands as a shining city on a hill with quality infrastructure, excellent water rights, land reserved for industry where businesses can locate and grow. There is a place for all homes and home types in Englewood, with similar types clustered in areas of the City planned for density. The community enjoys retail, restaurants and outstanding entertainment venues like the Gothic Theater as well as excellent parks and trails. The City of Englewood is a learning organization adapting to our fun, quirky community as highlighted by wayfinding and placemaking elements such as public art. Sustainability is valued both in terms of living wages, affordable housing and diverse populations that thrive together. Our community enjoys many tables around which people can gather and resolve differences. Our transportation system is multi- modal, connecting eclectic neighborhoods that collaborate to achieve great things. Englewood is a city with quality infrastructure, neighborhoods and a built environment and business climate that attracts and retains home- grown wealth. Alternative transportation modes connect parks, playgrounds, houses, businesses which are accessible to all. Individuals, government, businesses and other stakeholders work together to create a culture of neighboring that makes us more productive and safe. Without potholes Unique and diverse set of neighborhoods Neighbors know their neighbors names Neighbors are volunteering in their neighborhood Systematic plan for replacing water and sewer lines Reduce unknowns and surprises Neighborhood liaison in place Identify neighborhoods with clear identities Neighbors are engaged with each other Walkable Affordable Thoughts Expresssed by Council Design feedback boards--non-binding or with standing Page 251 of 268 Ensure gutterline matches pavement; patch as needed Reduce structual risk of flooding for both commerical and residential properties Adopt fund specific master plans for anticipated capital improvement and operational and maintenance expenses Educate public on the importance of building, maintaining replacing and funding infrastructure Local Economy Thoughts Expresssed by Council Goal Translated from Council Thoughts Hold commercial vacancy along S Boradway to a minimum by supporting redevvelopment of aging properties and supporting new business development in the area Establish a Downtown Development Authority Attract and retain a diversified industry mix including retail, restaurant, manufacturing, medical Promote business to business transactions and shop local campaigns Ensure a focus on locally owned and operated businesses Redevelop and densify City Center Ensure pro-business climate while maintaining high standards for development lncude a hotel as a priority for the redevelopment of CityCenter Retain and sustain local businesses Utilize job training and skills development programs for local businesses, residents and people experiencing homelessness Assess development codes biannually and modify as needed Ensure Englewood development process is equivalent to or better than neighboring communities Celebrate economic and redevelopment successes and milestones Educate and communicate with the public on scope of Council's oversight of development. Safety Thoughts Expresssed by Council Goal Translated from Council Thoughts Develop sustainable solutions for both humans and living things Pursue zero vehicular, pedestrian, and cyclist deaths Ensure reduced speed in neighborhoods and traffic calming measures where appropriate Build, maintain, replace and fund a quality stormwater drainage system Provide community resiliency against manmade and natural disasters Ensure high quality public safety services Research and implement innovative and effective best practices used throughout the country for both Police and Code Enforcement Ensure the built environment is constructed in a safe manner through CPTED (Crime Prevention Through Environmental Design) Ensure widespread knowledge of property maintenance codes for both residential and commercial properties Ensure well maintained residential and commercial properties throughout the City Sustainability/Water Resources Goal Translated from Council Thoughts Develop plan for long-term, sustainable infrastruture Pursue a renewable energy grid and energy independence Increase pollinators in public landscaping, reduce pesticides and promote bee keeping Evalaute current materials used and modify or eliminate pesticide usage if possible Implement strategies that will respond to climate variability Promote homeowner and business conservation and sustainability efforts Build solar gardens and encourage energy efficient homes and businesses Ensure a robust facilities maintenance and a capital plan for building and equipment replacement Support/encourage homeowners and businesses in energy/water conservation and sustainability Maintain public facilities to maximize life cycle (i.e. Police Building) Safety of the built environment--traffic calming in general, CEPTD Educating and communicate to the public rationale for increases-- what are buying Diversified industries--retail, restaurant, manufacturing, medical Gutterline matches the pavement No one worries about having house flooded Plan as long term as possible No empty buildings on Broadway Educate and communicate with the public on abilities and limitations of City in redevelopment Downtown Development Authority Dollars get passed around the city regularly City Center Good place to do business where we hold to high standard Focus on Englewood residents--they own, operate and profit from projects Need a hotel Retain and sustain businesses Make sure we have consistent regulations between cities Quality development process Celebrate successes Job training--how do we solve issues like homelessness through training Solutions are sustainable for both humans and living things No vehicular, pedestrian, cyclist death Reduced speed in neighborhoods Quality stormwater system Resilient against manmade and natural disasters Thoughts Expresssed by Council Green energy usage planning Structures have bee hives Reduced pesticides Implementing strategies responding to climate variability E3 Awards and scale up Well maintained public safety services Remain on innovative side of policing Educating the public on codes and property maintenance Ensuring property maintenance Long-term sustainability of infrastructure Page 252 of 268 Develop a proactive capital plan to address needed capital and maintenance of city buildings Pursue funding partnerships regionally and nationally for water programs Pursue initiatives that improve stormwater quality Increase water conservation efforts Educate the public regarding water availability, conservation and individual responsibilities thereto Improve trash handling and disposal and options for recycling Improve taste and clarity of Englewood water Increase efficiency of irrigation systems in parks Transportation Thoughts Expresssed by Council Goal Translated from Council Thoughts Develop a system of non-motorized trails and paths that are safe, separated from vehicular traffic and connect the entire city (short term: paint bike lanes and promote protected bike lanes) Develop traffic calming measures to reduce speed in neighborhoods Increase ridership on RTD transit options in Englewood Improve automobile safety and travel times on Broadway, Hampden and Belleview Develop integrated mobility systems such as bike and pedestrian routes and trails through partnerships with surrounding communities Improve safety and walkability from neighborhoods to parks and schools Resolve dangerous crossing areas Council Prioritization of Focus Areas Priority Focus Area 1 Infrastructure 2 Local economy 3 4 Neighborhoods 5 Sustainability 6 Transportation Working with other municipalities to design systems that integrate mobility systems Partner with regional and national efforts to identify additional funding sources Safe system of mobility, non-motorized, connected to motorized-- incremental is fine Have a capital plan for building replacement and repair Stormwater quality Efficiencies of infrastructure Education regarding conservation, need to conserve Consider trash and recycling options Quality of taste and clarity Efficiency of irrigation systems in parks Slow traffic in neighborhoods Increase ridership of transit options Driving Hampden, Bellview without fear of losing life and improve drive times Safety Walkability to parks and schools Addressing problematic crossing areas Page 253 of 268 Council Rank INFRASTRUCTURE 2020 2021 2022 Additional Funds Needed in 2021 1 Establish a long term Capital Improvement Plan • Develop & implement comprehensive Capital Improvemenmt Plan (F/U/PW/PRL) • Continue implementation of comprehensive Capital Improvemenmt Plan (F/U/PW/PRL) • Continue implementation of comprehensive Capital Improvemenmt Plan (F/U/PW/PRL) 2 Establish 20-year plan for financing • Identify revenue opportunities, fee/rate and/or tax structures, to support COE infrastructure needs; secure competitive borrowing rates (U/PW/F) • Complete stormwater rate study (PW/F) • Complete water & sanitary sewer rate & fee study (U/F) • Review & update all sanitary sewer connector district agreements (U/F) • Identify revenue opportunities, fee/rate and/or tax structures, to support COE infrastructure needs; Secure competitive borrowing rates (F/PW/U/PRL) • Identify revenue opportunities, fee/rate and/or tax structures, to support COE infrastructure needs; Secure competitive borrowing rates (F/PW/U/PRL) 3 Establish a City-wide Asset Management •Identify asset management systems for buildings, fleet and capital equipment (PW) • Implement computerized asset management system (PW) • Hire Asset Manager (PW) • Initiate asset management needs for water and sewer utilities, and coordinate with established asset management system in place at South Platte Renew (U) • Implementation of an asset management system that has a direct correlation with capital improvement planning. (PW/U/PRL) - Complete asset management strategy plan and coordinate with already completed asset managment strategy plan for South Platte Renew (U) - Hire Asset Manager position for Utilities (U) • Complete asset inventory of three assets (PW/U/PRL) $75,000 already budgeted in PW to purchase "base" computerized asset management software; need additional $60,000 to include modules for facilities ($35K) and fleet & equipment ($25K); $75,000 needed for stormwater asset management 4 Reduce the number of structures at risk of flooding in a 25-year storm event by 20% • Initiate design of stormwater S1 & S2 projects (PW) • Complete design of stormwater S3A & hospital-area projects (PW) • Complete debris removal from Oxford stormwater pipe (PW) • Repair Jason Ct/Rotolo Park Outlet (PW) • Complete a city-wide small (< 36") storm sewer system cleaning (PW) • Initiate construction of stormwater S1 & S2 projects (PW) • Complete construction of stormwater S3A & hospital- area projects (PW) • Complete a city-wide small (< 36”) storm sewer system cleaning (PW) • Televise large (> 36”) storm sewer system (PW) • Complete Outfall System Plan Update (PW) • Complete construction of stormwater S1 & S2 projects (PW) • Complete a city-wide small (< 36”) storm sewer system cleaning (PW) • Clean large (> 36”) storm sewer system (PW) Estimated at $33 million for prioritized projects & programs 5 Educate public on the importance of building, maintaining replacing and funding infrastructure • Work with infrastructure-focused departments to create educational content • Promote in Englewood Citizen, city web site and on social media. Publicize at events. • Promote in Englewood Citizen, city web site and on social media. Publicize at events. (COM) • Promote in Englewood Citizen, city web site and on social media. Publicize at events. (COM) 6 Repair potholes initially within 7 business days • Complete temporary repairs of potholes with cold mix (PW) • Complete permanent repairs with hot mix asphalt, as material availability allows (PW) • Track progress on web-based pothole map (PW) • Complete temporary repairs of potholes with cold mix (PW) • Complete permanent repairs with hot mix asphalt, as material availability allows (PW) • Track progress on web-based pothole map (PW) • Complete temporary repairs of potholes with cold mix (PW) • Complete permanent repairs with hot mix asphalt, as material availability allows (PW) • Track progress on web-based pothole map (PW)Page 254 of 268 7 Ensure neighborhood roadways are safe and well-maintained • Complete corrective, preventative, and routine maintenance in accordance with the Pavement Management Program (PW) • Complete corrective, preventative, and routine maintenance in accordance with the Pavement Management Program (PW) • Complete corrective, preventative, and routine maintenance in accordance with the Pavement Management Program (PW) Departmental Codes: COM - Communications, HR-Human Resources, PW-Public Works, PRL-Parks Recreation Library, F-Finance, CC--City Clerk's Office, CD-Community Development, P-Police, CMO-City Manager's Office, U-Utilities, IT-Information Technology, SPWRP-S. Platte Water Renewal Partners, FM-Fire Marshal's Office, CAO-City Attorney's Office; COM-Communications Page 255 of 268 Council Rank LOCAL ECONOMY 2020 2021 2022 Additional Funds Needed in 2021 1 Attract and retain a diversified industry mix including retail, restaurant, manufacturing, medical and arts • Continue economic development program focus on small scale/entrepreneurial business retention and attraction through grants, training and events (CD) • Ensure that the redevelopment agreements for CityCenter's redevelopment incorporate a mix of land uses (CD) • Complete new community profile (CD) • Partner with Communications to market Englewood businesses by enabling them to tell their "Englewood story" (CD) • Identify, develop and distribute business interest stories for distribution to local and regional media (CD/COM) • Continue economic development program focus on small scale/entrepreneurial business retention and attraction through grants, training, and events (CD) •Identify develop and distribute business interest stories for distribution to local and regional media (CD/COM) •DDA to support goal (if authorized). (DDA) • Continue economic development program focus on small scale/entreprenerial business retention and attraction through grants, training and events (CD) • Identify, develop and distribute business stories for distribution to local and regional media (CD/COM) •DDA to support goal (if authorized). (DDA) 2 Retain and sustain local businesses • Continue economic development program focus on small scale and entrepreneurial business retention and attraction through grants, training and events (CD) • Conduct quarterly tax seminars to encourage communication between businesses and COE Finance (F) • Reinstitute monthly meetings with key employers Swedish Medical Center and Craig Hospital (CD/CMO) • Continue economic development program focus on small scale and entrepreneurial business retention and attraction through grants, training and events (CD) • Conduct quarterly tax seminars to encourage communication between businesses and COE Finance (F) • Reinstitute monthly meetings with key employers Swedish Medical Center and Craig Hospital (CD/CMO) • Continue economic development program focus on small scale/entrepreneurial business retention and attraction through grants, training, and events (CD) • Conduct monthly meetings with key employers Swedish Medical Center and Craig Hospital (CD/CMO) •DDA to support goal (if authorized). (DDA) 3 Hold commercial vacancy along S Broadway to a minimum by supporting redevelopment of aging properties and supporting new business development in the area • Continue to provide monthly statistical indicators of commercial occupancy in Community Development newsletter (CD) • Target the Broadway corridor for investment of the City's small business grant and training programs (CD) • Provide the updated community profile to local and regional commercial brokers (CD) • Meet with property owners about why properties are vacant (CD) • Conduct exit interviews with companies closing or leaving Englewood (CD) • Designate an individual tasked with guiding a project through the development process (i.e.: a Development Coordinator or Ombudsman) (CD/PW) • Investigate vacancy fees to disincentivize leaving buildings vacant (CD/F) • Support additional office development for larger (25+ FTE) office tenants in the S Broadway corridor (CD) • Interview new businesses about success factors that led to Englewood as their location of choice (CD) • Continue to provide monthly statistical indicators of commercial occupancy in Community Development newsletter (CD) • Target the Broadway corridor for investment of the City's small business grant and training programs (CD) • Provide the updated community profile to local and regional commercial brokers (CD) • Meet with property owners about why properties are vacant (CD) • Conduct exit interviews with companies closing or leaving Englewood (CD) • Designate an individual tasked with guiding a project through the development process (i.e.: a Development Coordinator or Ombudsman) (CD/PW) • Investigate vacancy fees to disincentivize leaving buildings vacant (CD/F) • Support additional office development for larger (25+ FTE) office tenants in the S Broadway corridor (CD) • Interview new businesses about success factors that led to Englewood as their location of choice • Continue to provide monthly statistical indicators of commercial occupancy in Community Development newsletter (CD) • Target the Broadway corridor for investment of the City's small business grant and training programs (CD) • Provide the updated community profile to local and regional commercial brokers (CD) • Meet with property owners about why properties are vacant (CD) • Conduct exit interviews with companies closing or leaving Englewood (CD) • Designate an individual tasked with guiding a project through the development process (i.e.: a Development Coordinator or Ombudsman) (CD/PW) • Investigate vacancy fees to disincentivize leaving buildings vacant (CD/F) • Support additional office development for larger (25+ FTE) office tenants in the S Broadway corridor (CD) • Interview new businesses about success factors Page 256 of 268 4 Ensure pro-business climate while maintaining high standards for development • Ensure that Development Reveiw Team (DRT) and departmental review processing of development applications is completed in accordance with City codes and guidelines, but in a timely manner (CD) • Initiate in-person customer feedback sessions with economic development program clients (CD) • Ensure that Development Review Team (DRT) and departmental review processing of development applications is completed in accordance with City codes and guidelines, but in a timely manner(CD) • Initiate in-person customer feedback sessions with economic development program clients (CD) • Ensure that Development Review Team (DRT) and departmental review processing of development applications is completed in accordance with City codes and guidelines, but in a timely manner (CD) • Initiate in-person customer feedback sessions 5 Redevelop and densify CityCenter • Select a Master Developer for the City portion of CityCenter (CD) • Draft and approve required negotiation and redevelopment agreements with master developer (CD) • Possible consideration of a new PUD application or • Initiate first phase of redevelopment at CityCenter (CD) • Continue with phased redevelopment of CityCenter (CD) $50,000 additional in CommDev professional services 6 Ensure a focus on locally owned and operated businesses • Continue economic development program focus on small scale and entrepreneurial business retention and attraction through grants, training and events (CD) • Ensure ease in business license process, excellent customer service and communication (F) • Continue economic development program focus on small scale/entrepreneurial business retention and attraction through grants, training, and events (CD) •Develop a dedicated business web portal (CD/COM) •DDA to support goal (if authorized) (DDA) • Continue economic development program focus on small scale/entreprenerial business retention and attraction through grants, training and events (CD) •DDA to support goal (if authorized). (DDA) $30,000 to develop business web portal if consultant is required. 7 Establish a Downtown Development Authority • Exploration of a DDA through the Next Steps 2020 project; Potential November election (CD); Support Community Development's exploration of a DDA (RFPs, Contracts, Council Communication) - F • Provide briefings to Englewood Public Schools and Arapahoe County regarding the DDA formation process and tax increment financing provisions and • If authorized by district electors, the DDA is formed, board members appointed by City Council and operations commence (CD) • If DDA is authorized, conduct negotiations with the Englewood Public Schools and Arapahoe County regarding the allocation of tax increment (DDA and CD) • DDA is fully operational 8 Promote business to business transactions and shop local campaigns • Promote local businesses in the Citizen Magazine and on social media (COM) • Coordinate with the Chamber and ACE to conduct Small Business Saturday (CD) • Identify develop and distribute business interest stories for distribution to local and regional media (CD/COM) • Promote local businesses in the Citizen Magazine and on social media. (COM) • Coordinate with the Chamber and ACE to conduct Small Business Saturday (CD) •DDA to support goal (if authorized). (DDA) • Promote local businesses in the Citizen Magazine and on social media. (COM) • Coordinate with the Chamber and ACE to conduct Small Business Saturday (CD) •DDA to support goal (if authorized). (DDA) 9 Ensure Englewood development process is equivalent to or better than neighboring communities • Incorporate development review efficiency into the goal of the Title 16 community assessment project (CD) • With the selected vendor, develop the new software iMS that will replace the City's development permitting system and enable more online application services to be offered (IT/CD) • Conduct regular, in-person input sessions with customers of Planning, Building and Economic Development services (CD) • System will be live in first quarter 2021 (IT/CD) • Conduct regular, in-person input sessions with customers of Planning, Building and Economic Development services (CD) • Incorporate efficiencies into new Title 16 regulations and codes as part of comprehensive re- write (CD) •Re-evaluate the development review process for maximum efficiencies. (CD/PW/Admin) • System fully functional (CD) • Conduct regular, in-person input sessions with customers of Planning, Building and Economic Development services (CD) • Following adoption of the comprehensive re-write of Title 16, conduct an assessment of the development review process' best implementation options for the new code (CD) 10 Attract and retain a hotel in central Englewood • Explore the development of a hotel with the master developer as part of the CityCenter redevelopment (CD) • If proven feasible in the market and for the master developer, initiate a hotel development at CityCenter (CD) • If a hotel is not feasible at City Center, explore alternate locations in the central portion of the city (CD)Page 257 of 268 11 Utilize job training and skills development programs for local businesses, residents and people experiencing homelessness • Explore job training programs that focus on people experiencing homelessness that may be offered by one of Englewood's eight economic development partners (CD) • Explore opportunities for educational and training institutions to locate training facilities and conduct programs in Englewood (CD) • Implement training programs (CD) • Explore opportunities for educational and training institutions to locate training facilities and conduct programs in Englewood (CD) • Continue training programs (CD) • Explore opportunities for educational and training institutions to locate training facilities and conduct programs in Englewood (CD) 12 Ensure commercial areas, like neighborhoods, have unique character and pedestrian amenities for employees and visitors • Explore grant funding for enhanced crosswalks in downtown (CD) • Install initial artistic crosswalks & traffic controller wraps in the downtown area (PW) • Create commercial zones and districts • Provide wayfinding and placemaking elements such as creative crosswalks in commercial areas (CW) •DDA to support goal (if authorized). (DDA) • Provide wayfinding and placemaking elements such as creative crosswalks in commercial areas (CW) •DDA to support goal (if authorized). (DDA) 13 Assess development codes bi-annually and modify as needed • Document development code opportunities/issues/complaints through Title 16 Community Assessment (CD) • Incorporate code changes into Title 16 comprehensive re-write (CD) • Establish process and timing for 2022 assessment in 4Q 2021 (CD) 14 Celebrate economic and redevelopment successes • Submit projects and programs for awards and other professional recognition (ULI, Downtown Colorado, IEDC, etc) (CD) • Recognize the achievements of Englewood businesses and development projects at City Council meetings (CD) • Propose a mobile workshop in Englewood for the 2021 Spring Urban Land Institute (ULI) meeting in Denver (CD) • Promote successes on our marketing channels (COM) • Submit projects and programs for awards and other professional recognition (ULI, Downtown Colorado, IEDC, etc) (CD) • Recognize the achievements of Englewood businesses and development projects at City Council meetings (CD) • Propose a mobile workshop in Englewood for the 2021 Spring Urban Land Institute (ULI) meeting in Denver (CD) • Promote successes on our marketing channels (COM) • Submit projects and programs for awards and other professional recognition (ULI, Downtown Colorado, IEDC, etc.) (CD) • Recognize the achievements of Englewood businesses and development projects at City Council meetings (CD) • Promote successes on our marketing channels (COM) Departmental Codes: COM - Communications, HR-Human Resources, PW-Public Works, PRL-Parks Recreation Library, F-Finance, CC--City Clerk's Office, CD-Community Development, P-Police, CMO-City Manager's Office, U-Utilities, IT-Information Technology, SPWRP-S. Platte Water Renewal Partners, FM-Fire Marshal's Office, CAO-City Attorney's Office; COM-Communications; CW-Cheryl Wink Page 258 of 268 Council Rank SAFETY 2020 2021 2022 Additional Funds Needed in 2021 1 Build, maintain, replace and fund a quality stormwater drainage system [see Infrastructure tab][see Infrastructure tab][see Infrastructure tab] 2 Provide community resiliency against manmade and natural disasters • Working with the Englewood Emergency Management Coordinator, establish Emergency Operations Steering Committee and Working Group. Update, finalize, communicate and test the Emergency Operations Plan by year end. • TBD based on feedback from table top exercises and specific training needs. Complete and finalize COOP plans for each department/division. 3 Ensure reduced speed in neighborhoods and traffic calming measures where appropriate • The PD will work with Traffic Engineering in order to develop a comprehensive plan for neighborhood studies. Previous studies should also be reviewed. • Create a Neighborhood Traffic Calming Program (PW) • Begin implementation of the Neighborhood Traffic Calming Program (PW) • Increase public education via the Neighborhood Resource employee and conduct traffic surveys and assessments where practical (PD?) Estimated at $200,000 per year to implement NH Traffic Calming 4 Ensure high quality public safety services • Promote and continue to develop the partnership with All Health and the Co-Responder Program. Current cost for this program is $132,000.00 and it is contained in the Police Operations Budget. • By the end of 2020 the Code Enforcement Divisions will have proper training, equipment and software to utilize mobile devices in the field in order to provide a higher level of customer service to the community. • Code Enforcement will partner with the Parks Department, Communications and other departments as necessary to educate and enforce park rules with an emphasis on animal related violations. • Provide robust training and development for officers to be exposed to innovations in policing. • Develop metrics for measuring success. • Report out to community each year on metrics. • Investigate Police oversight board. •Analyze and assess the strategy with All Health in order to fill in gaps that would better serve the community. No additional cost estimate anticipated at this time other than ajustments to salary structure for the two Co-Responders (cost of living). • Provide robust training and development program (PD) • Develop metrics for measuring success • Report out to community each year on metrics • Provide robust training and development program (PD) • Develop metrics for measuring success • Report out to community each year on metrics 5 Pursue zero vehicular, pedestrian, and cyclist deaths • Increase collaboration between the Traffic Enforcement Team in Police and Traffic Engineers in Public Works • Establish a 3E (Engineering, Enforcement, Education) Committee to address specific traffic safety issues (PW/PD/Comm) • Complete a Traffic Crash Analysis Report (PW) • Utilize DRCOG Vision Zero resources • Analyze prior year's performance and refine approaches where necessary. 6 Develop sustainable solutions for both humans and living things Page 259 of 268 7 Research and implement innovative and effective best practices used throughout the country for both Police and Code Enforcement •Currently researching the implementation of the Restorative Justice System. Current RFP will soon be sent out in an effort to hire a subject matter expert. •Currently working with Mayor Olson and the Tri- Cities Group in developing an effective approach with those experiencing homelessness. • By the end of 2020 the Code Enforcement Divisions will have proper training, equipment and software to utilize mobile devices in the field in order to provide a higher level of customer service to the community. •Code Enforcement will partner with the Parks Department, Communications and other departments as necessary to educate and enforce park rules with an emphasis on animal related violations. • Provide robust training and development for officers to be exposed to innovation in policing. (PD) • Assign in innovation officer from existing staff •If we determine that Restorative Justice is viable for the City of Englewood then it will be implemented in thoughtful and incremental steps. •Continue to work with the Tri-Cities group as well as Change the Trend in developing strategies to offset homelessness. • Provide robust training and development for officers to be exposed to innovation in policing. (PD) • Assign in innovation officer from existing staff resources who stays abreast of best practices and educates department • Provide robust training and development for officers to be exposed to innovation in policing. (PD) • Assign in innovation officer from existing staff resources who stays abreast of best practices and educates department 8 Ensure well maintained residential and commercial properties throughout the City • Maintain proactive Code Enforcement activities • Hire and utilize seasonal code officer approved in 2020 budget • Work with Communications on items in preceding goal • Continue Nuisance Abatement Team for problem properties • Maintain proactive Code Enforcement activities • Hire and utilize seasonal code officer approved in 2020 budget • Work with Communications on items in preceding goal • Continue Nuisance Abatement Team for problem properties • Maintain proactive Code Enforcement activities • Hire and utilize seasonal code officer approved in 2020 budget • Work with Communications on items in preceding goal 9 Ensure the built environment is constructed in a safe manner through CPTED (Crime Prevention Through " • Improve existing park layout through re-design. (PRL) " • Implement improved park design through park renovations (PRL) Implement improved park design through renovations (PRL) 10 Ensure widespread knowledge of property maintenance codes for both residential and commercial properties • Code will work with Building Division and Communications to develop common code summaries • Communications will promote summaries and a Did • Increase the scope of public education via the various communication opportunities that the City possesses (COM) Departmental Codes: HR-Human Resources, PW-Public Works, PRL-Parks Recreation Library, F-Finance, CC--City Clerk's Office, CD-Community Development, P-Police, CMO-City Manager's Office, U-Utilities, IT- Information Technology, SPWRP-S. Platte Water Renewal Partners, FM-Fire Marshal's Office, CAO-City Attorney's Office; COM-Communications Page 260 of 268 Council Rank NEIGHBORHOODS 2020 2021 2022 Additional Funds Needed in 2021 1 Ensure neighbors are connected to one another • Neighborhood Resources Coordinator work with neighborhood group leaders to organize neighborhood events (COM) • Lay foundation for the Neighborhood Resources Program (COM) • Promote neighbor-to-neighbor programs like Snow Buddies (COM) • Neighborhood Resources Coordinator work with neighborhood group leaders to organize neighborhood events (COM) • Neighborhood Resources Program continues to gain registered neighborhood groups (COM) • Promote neighbor-to-neighbor programs like Snow Bunnies (COM) • Create neighborhood grant program to promote beautification, service projects, neighborhood identification, neighborhood events, etc. (COM) • Neighborhood Resources Coordinator work with neighborhood group leaders to organize neighborhood events (COM) • Neighborhood Resources Program continues to gain registered neighborhood groups (COM) • Promote neighbor-to-neighbor programs like Snow Bunnies (COM) • Create neighborhood grant program to promote beautification, service projects, neighborhood identification, neighborhood events, etc.(COM) Grant Program: $15,000 Snow Bunnie Promotion: $2000 2 Ensure walkability • Increase Englewood's Walk Score* (CD) • Implement a sidewalk assessment program similar to streets to address "worst first" sidewalk areas; focus on areas around schools and transit (COM) • Upgrade or replace a minimum of 40 pedestrian ramps per year to work towards compliance with the ADA Guidelines (PW) • Complete an assessment of all “missing” sidewalk segments in the City (PW) • Implement pilot project to restrict through traffic on certain neighborhood streets to allow for more space for pedestrians & bicyclists (PW) • Identify location for pilot project to install curb extensions, temporary roundabouts and other traffic calming devices (COM) • Upgrade or replace a minimum of 40 pedestrian ramps per year to work towards compliance with the ADA Guidelines (PW) • Consider flashing light crosswalk signage (CW) • Require green buffers between the street and the sidewalk for safety (COM) • Connect neighborhoods using landscape architectural elements to create visually aesthetic green space, and allow for physical activity (COM) • Upgrade or replace a minimum of 40 pedestrian ramps per year to work towards compliance with the ADA Guidelines (PW) • Construct prioritized missing sidewalk segments, as funding allows (PW) 3 Ensure residents feel ownership and connection to law enforcement/code enforcement • Neighborhood Resources Coordinator work with neighbors to bring law enforecement/code enforcement officers to neighborhood meetings to educate neighborhood (COM) • Neighborhood Resources Newsletter will include positive story about law enforecement/code • Neighborhood Resources Coordinator work with neighbors to bring law enforecement/code enforcement officers to neighborhood meetings to educate neighborhood (COM) • Neighborhood Resources Newsletter will include positive story about law enforecement/code • Neighborhood Resources Coordinator work with neighbors to bring law enforecement/code enforcement officers to neighborhood meetings to educate neighborhood (COM) • Neighborhood Resources Newsletter will include positive story about law enforecement/code 4 Establish Neighborhood Resource Program and Neighborhood Resources Coordinator • Hire Neighborhood Resources Coordinator (COM) • Create workplan for years 1-3 (COM) • Create program website and resource guide • Establish four registered neighborhood groups (COM) • Increase Nat'l Night Out participating neighborhoods by 15% (COM) • Recruit volunteers through paid advertising in Herald, social media, etc. (COM) • Create Neighborhood Micro Grant Program (COM) • Establish 5 registered neighborhood groups (COM) • Purchase travelling neighborhood party trailer (COM) • Increase Nat'l Night Out participating neighborhoods by 15% (COM) • Recruit volunteers through paid advertising in Herald, social media, etc. (COM) • Establish 5 registered neighborhood groups (COM) • Increase Nat'l Night Out participating neighborhoods by 15% (COM) 5 Ensure affordability • Continue Energy Efficiency Englewood (E3) and implement Home Repair and Improvement (HRIP) programs (CD) • Continue E3 and HRIP programs (CD)• Continue E3 and HRIP programs (CD)$100,000 from Fund 46 (Housing Fund) to continue HRIP Page 261 of 268 6 Work to ensure residents are informed and engaged with their local government • Establish Neighborhood Resources Program monthly newsletter (COM) •Conduct the Citizens Plannning School Spring/Fall (CD) • Neighborhood Resources Coordinator will communicate city information with neighborhood group leaders (COM) • Establish Neighborhood Resources Program monthly newsletter (COM) Continue Citizens Planning School Spring/Fall (CD) • Neighborhood Resources Coordinator will communicate city information with neighborhood group leaders (COM) • Establish Neighborhood Resources Program monthly newsletter (COM) Continue Citizens Planning School Spring/Fall (CD) • Neighborhood Resources Coordinator will communicate city information with neighborhood group leaders (COM) 7 Promote resident volunteerism in neighborhoods • Promote in Englewood Citizen, city web site and on social media. Publicize at events. (COM) • Encourage neighborhood groups to plan volunteer days for their neighborhood (COM) • Work with City departments to identify Adopt a Spot locations for volunteers to landscape or cleanup or provide additional volunteer opportunities • Promote in Englewood Citizen, city web site and on social media. Publicize at events. (COM) • Encourage neighborhood groups to plan volunteer days for their neighborhood (COM) • Work with City departments to identify Adopt a Spot locations for volunteers to landscape or cleanup or provide additional volunteer opportunities • Promote in Englewood Citizen, city web site and on social media. Publicize at events. (COM) • Encourage neighborhood groups to plan volunteer days for their neighborhood (COM) 8 Organize neighborhoods into distinct areas with unique identities • Launch social media campaign (COM) • Recruit Neighborhood Group Leaders (COM) • Setup system for residents to draw their own map of their neighborhood and create name suggestions (COM) • Establish four registered neighborhoods (COM) • Promote in Englewood Citizen, city web site and on social media. Publicize at events. (COM) • Recruit Neighborhood Group Leaders (COM) • Setup system for residents to draw their own map of their neighborhood and create name suggestions (COM) • Establish four registered neighborhoods (COM) • Provide grants or other funding to create distinguising characteristics such as street signs, creative crosswalks neighborhood wayfinding and • Promote in Englewood Citizen, city web site and on social media. Publicize at events. (COM) • Recruit Neighborhood Group Leaders (COM) • Setup system for residents to draw their own map of their neighborhood and create name suggestions (COM) • Establish four registered neighborhoods (COM) 9 Encourage diversity of people and architecture • Next Steps study will assess development and design options for the central portion of the city through supporting CityCenter redevelopment and exploration of a downtown development authority (CD) • Incorporate these elements in the redevelopment of CityCenter (CD) • Ensure inclusion of these elements in phases of CityCenter and central area redevelopment (CD) 10 Create ad hoc design feedback boards for design input for new construction • Incorporate design feedback boards into Title 16 Community Assessment (CD) • If endorsed in assessment, inlcude in comprehensive Title 16 re-write planned for 2021 (CD) • Continue if incorporated into Title 16 (CD) Title 16 Re-Write Outside Legal and Consulting: $250,000; Consultant to Develop Design Guidelines to Facilitate Design Input/Review: $200,000; and Planning/Urban Design FTE to Administer Design Review Program: $95,000 (ongoing) Departmental Codes: HR-Human Resources, PW-Public Works, PRL-Parks Recreation Library, F-Finance, CC--City Clerk's Office, CD-Community Development, P-Police, CMO-City Manager's Office, U-Utilities, IT- Information Technology, SPWRP-S. Platte Water Renewal Partners, FM-Fire Marshal's Office, CAO-City Attorney's Office, COM - Communications *Walk Score is a private company that provides walkability services through a website and mobile applications. Its flagship product is a large-scale, public access walkability index that assigns a numerical walkability score to any address in the United States.Page 262 of 268 Council Rank SUSTAINABILITY 2020 2021 2022 Additional Funds Needed in 2021 1 Consider long-term sustainability in infrastructure • Develop financial model supporting sustainability in infrastructure (F/PW/U/PRL) • Evaluate financial model supporting sustainability in infrastructure and communicate necessary alternatives, if applicable (F/PW/U/PRL) • Evaluate financial model supporting sustainability in infrastructure and communicate necessary alternatives, if 2 Maintain the current built environment and maximize the lifecycle of newer high-profile buildings (police station, schools) • Develop an inventory of maintenance needs for city buildings (PW) • Develop a comprehensive asset management program to ensure maintenance and replacement planning for city buildings (PW) • Purchase asset management systems/additional module for facilities (PW) $35,000 for asset management software for facilities 3 Develop a proactive capital plan to address needed capital and maintenance of city buildings • Develop and implement comprehensive Capital Improvement Plan (F) • Develop and implement comprehensive Capital Improvement Plan (F) • Develop and implement comprehensive Capital Improvement Plan (F) 4 Evaluate organized garbage & recycling collection program • Issue Request for Proposals (RFP) to waste haulers; solicit proposals for single hauler trash & recycling collection (PW) • Establish citizen advisory committee (PW) • Educate citizens & solicit input on proposed single • If Council/residents chose a single hauler, implement system (PW) Implementation costs for city-wide trash & recycling program are unknown at this time 5 Support pollinators, particularly in parks, and cut the use of pesticides • Plant flowers and plants that attract pollinators in parks, flower beds and around golf course. Annually 25 flower beds are planted with flowers such as: Black Eyed Susans, Penstemon, Snapdragons and Verbena (PRL) • Utilize organic fertilizers on athletic fields. Increase the use of the organic fertilizer by 20% annually over the next 5 years. (PRL) • Research best practices in invasive species management to reduce future use of pesticides (PRL) • Plant flowers and plants that attract pollinators in parks, flower beds and around golf course. Annually 25 flower beds are planted with flowers such as: Black Eyed Susans, Penstemon, Snapdragons and Verbena (PRL) • Reduce the use of Glyphosate in parks and open space transition to the use of pre-emergent herbicides and plantings of deeper mulch beds. (PRL) • Utilize organic fertilizers on athletic fields. Increase the use of the organic fertilizer by 20% annually over the next 5 years. (PRL) • Reduce the use of Glyphosate in parks and open space by 25% • Plant flowers and plants that attract pollinators in parks, flower beds and around golf course. Annually 25 flower beds are planted with flowers such as: Black Eyed Susans, Penstemon, Snapdragons and Verbena (PRL) • Reduce the use of Glyphosate in parks and open space transition to the use of pre- emergent herbicides and plantings of deeper mulch beds. (PRL) • Utilize organic fertilizers on athletic fields. Increase the use of the organic fertilizer by 20% annually over the next 5 years. (PRL) • Reduce the use of Glyphosate in parks and Funding to reduce the use of glyphosate and increase the use of less harmful pesticides $5,000 annually. 6 Promote homeowner and business conservation and sustainability efforts • Create a Sustainability Office within an existing City Department • Develop E3 grant program for businesses in addition to existing homeowner program • Fund eligible, income-qualified energy improvements to homes • Expend 100% of eligible CDBG funds • Consider Green Building Code from International • Explore reducing wait list for residential E3 program by supplementing CDBG funds with General Fund dollars to the extent allowed by federal guidelines 7 Implement strategies that will respond to climate variability • Create a Sustainability Office within an existing City Department • Consider establishing a new Sustainability board or commission Sustainability Coordinator & program funds-- $120,000 Page 263 of 268 8 Move toward a green energy grid with steps toward energy independence • Evaluate current energy charges for all city facilities (PW) • Explore and promote geothermal energy opportunities • Evaluate current Ameresco contract (PW) • Work with the Colorado Energy Office to conduct an Energy Performance Contacting Audit of all city buildings (PW) • Implement Energy Performance Contacting Audit findings for all city buildings (PW) Estimate $150,000 investment in EPC audit findings which would likely be refunded/paid back over the life of the contract 9 Invest in water infrastructure • Complete Water Master Plan; set priorities for identified projects & programs (U) • Complete Water Rate & Fee Study (U/F) • Increase water rates and connection fees as needed • As funding materializes, implement phased repair and replacement schedule outlined in the masterplan (U) - Continue implementation of Master Plan capital projects and programs as funding allows (U) Water and Sewer rate increases as outlined 10 Pursue funding partnerships regionally and nationally for water programs • Evaluate possible grant funding opportunities (U)• Evaluate possible grant opportunities (U)• Evaluate possible grant opportunities (U) 11 Improve taste and clarity of Englewood water • Initiate construction of Big Dry Creek Diversion project (U) • Update & publish water quality report (U) • Complete construction of Big Dry Creek Diversion project (U) - Complete water softening evaluation (U) water softening study funding ($50K) 12 Address aging irrigation systems in parks • Develop a plan for phased replacement of irrigation systems in parks with efficient systems • Solicit funds for implementation • Implement park irrigation system repair and replacement plan 12 Increase water conservation efforts • Develop a residential and commercial water conservation program • Develop strategy to eliminate remaining flat rate billing (U/F) - Eliminate declining rate structure for water usage and replace with increasing rate structure (U) • Implement water conservation program • Undertake a water usage analysis of City facilities (U) - Install meters to eliminate flat rate accounts (U) • Implement water conservation program - Install meters to eliminate flat rate accounts (U) Funding for meter installation 13 Stormwater quality • Evaluate opportunities for incorporating water quality improvements in public infrastructure projects (PW) • Evaluate opportunities for incorporating water quality improvements in public infrastructure projects (PW) • Evaluate opportunities for incorporating water quality improvements in public infrastructure projects (PW) 14 Engage in sustainable water futures that employ water efficient systems • Continue with Water Rights Master Plan (U) • Complete Meadow Creek raw water line project (U) 15 Increase recycling efforts • Promote recycling initiatives and opportunities within the metro area (PW/Comm) • Implement a recycling program at all city facilities; track tonnage collected (PW) $20,000 for program implementation 16 Increase efficiency of irrigation systems in parks • Replace/ repair irrigation systems in parks by replace outdated nozzles and spray heads to increase efficiency. Replace outdated valves and overall irrigation systems. (PRL) • Replace/ repair irrigation systems in parks by replace outdated nozzles and spray heads to increase efficiency. Replace outdated valves and overall irrigation systems. (PRL) • Replace/ repair irrigation systems in parks by replace outdated nozzles and spray heads to increase efficiency. Replace outdated valves and overall irrigation systems. (PRL) 17 Educate the public regarding water availability, conservation and individual responsibilities there to • Promote best practices in the Citizen Magazine and on social media (Comm) • Evaluate voluntary lawn sprinkling restrictions; issue educational materials (U/Comm) • Evaluate xeriscaping opportunities in public right-of- way (U/PW) • Promote best practices in the Citizen Magazine and on social media. (COM)Page 264 of 268 18 Build solar gardens and encourage energy efficient homes and businesses • Create a Sustainability Office within an existing City Department • Explore City property tax incentives for solar arrays and/or solor panels Departmental Codes: HR-Human Resources, PW-Public Works, PRL-Parks Recreation Library, F-Finance, CC--City Clerk's Office, CD-Community Development, P-Police, CMO-City Manager's Office, U-Utilities, IT- Information Technology, SPWRP-S. Platte Water Renewal Partners, FM-Fire Marshal's Office, CAO-City Attorney's Office; COM-Communications Page 265 of 268 Council Rank TRANSPORTATION 2020 2021 2022 Additional Funds Needed in 2021 1 Resolve dangerous crossing areas • Identify high crash rate locations; implement initial/quick strike initiatives to improve safety/awareness (PW) • Initiate design of Oxford pedestrian bridge (PW) • Continue to identify & implement initial/quick strike initiatives to improve safety/awareness (PW) • Finalize design & complete construction of Oxford pedestrian bridge (PW) • Continue to identify & implement initial/quick strike initiatives to improve safety/awareness (PW) 2 Improve safety and walkability from neighborhoods to parks and schools • Complete Walkability Maps for three schools (PW)• Complete Walkability Maps for three schools (PW) 3 Develop traffic calming measures to reduce speed in neighborhoods • Create a Neighborhood Traffic Calming Program (PW) • Begin implementation of the Neighborhood Traffic Calming Program (PW) • Continue implementation of the Neighborhood Traffic Calming Program (PW) Estimated at $200,000 per year to implement NH Traffic Calming 4 Improve automobile safety and travel times on Broadway, Hamden and Belleview • Initiate design of US 285/Broadway Interchange Reconstruction Project (PW) • Initiate US 285 Congestion Mitigation Study (PW) • Complete design & begin construction of US 285/Broadway Interchange Reconstruction Project (PW) • Continue US 285 Congestion Mitigation Study (PW) • Continue construction of US 285/Broadway Interchange Reconstruction Project - anticipated completion in 2023 (PW) • Complete US 285 Congestion Mitigation Study & begin to implement recommendations, as funding allows (PW) 5 Develop a system of non-motorized trails and paths that are safe, separated from vehicular traffic and connect the entire city (short term: paint bike lanes and promote protected bike lanes) • Construct Oxford on-street bike lanes project (PW) • Initiate design of Oxford pedestrian bridge project (PW) • Construct walk-n-Wheel Plan initiatives, with available funding (PW) • Complete design & construction of Oxford pedestrian bridge project (PW) • Construct Walk-n-Wheel Plan initiatives, with available funding (PW) $150,000 for next project in Walk-n-Wheel Plan 6 Develop integrated mobility systems such as bike and pedestrian routes and trails through partnerships with surrounding communities • Explore potential partnering opportunities with adjacent communities (PW/CD/PRL) 7 Increase ridership on RTD transit options in Englewood • Create a marketing video for Englewood's RTD services (CD) • Include an article regarding transportation options in the Englewood Citizen (CD) • Develop strong partnerships with RTD to develop a joint strategy to increase ridership on RTD transit modes (CD) • If created, explore long term funding options for the Englewood Trolley with the DDA (CD) • Explore potential shift from scheduled Englewood Trolley service to an on-demand transportation service with RTD (CD) Additional $15,000 for trolley operations Departmental Codes: HR-Human Resources, PW-Public Works, PRL-Parks Recreation Library, F-Finance, CC--City Clerk's Office, CD-Community Development, P-Police, CMO-City Manager's Office, U-Utilities, IT- Information Technology, SPWRP-S. Platte Water Renewal Partners, FM-Fire Marshal's Office, CAO-City Attorney's Office; COM-Communications Page 266 of 268 GOVERNANCE 2020 2021 2022 Additional Funds Needed in 2021 Develop an information technology infrastructure--including hardware, software, people and facilities--that is secure, resilient and adaptable to meet the current and anticipated future needs of the city. • Upgrade existing network to be secure and resilient (IT) • Design fiber to city facilities (IT) • Upgrade city's network to be secure and resilient (IT) • Implementation of Municipal Court System (IT) • Implementation of Human Resources & Payroll System (IT) • Selection and implementation of permitting and licensing system (IT) • Implementation of Records Management System (IT) (CC) • Identify and document requirements for asset management system (IT) • Implementation/upgrade of security cameras (IT) • Manage rebuild of new city website (COM) • Implementaion of fiber to city facilities (IT) • Implementation of permitting and licensing system (IT) • Implementation of asset management system (IT) • Implementation/upgrade of security cams (IT) • Launch new city website (COM) • Implement new iCompass Board and Commission software (currently Granicus) (CC) • Implementation of fiber to city facilities (IT) • Implementation/upgrade of security cameras (IT) • Maintain city website (COM)Page 267 of 268 July 21, 2020 Ms. Lisa Sorensen, Development Director Cohen-Esrey Development Group 8500 Shawnee Mission Parkway, Suite 150 Merriam, KS 66202 Re: Trails at Lehow – 300 West Lehow Avenue Dear Ms. Sorensen, The City of Englewood supports your efforts to provide affordable housing for residents of Englewood and the region. We consider Trails at Lehow to be consistent with this priority given it provides 75 affordable apartment homes that will serve the community with rental rates from 20% to 70% of the area median income (AMI); with 10% of the units serving people earning 30% or less AMI and 25% serving people earning 40% of less AMI. The City recognizes that having safe & secure housing is the first step toward self-sufficiency and a key component of creating vibrant neighborhoods. We look forward to receiving your development proposal and working together with the City of Englewood’s Community Development and other departments to make this project a reality. Sincerely, Mayor Olson City of Englewood Page 268 of 268