Loading...
HomeMy WebLinkAbout2019-08-05 (Regular) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy – Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, August 5, 2019 ♦ 7:00 PM 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Special City Council Meeting of July 11, 2019. City Council Special - 11 Jul 2019 - Minutes - Pdf b. Minutes of the Regular City Council Meeting of July 15, 2019. City Council Regular - 15 Jul 2019 - Minutes - Pdf City Manager Reception 6. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday, prior to the meeting, through the City Clerk’s Office. Only those who meet the deadline can speak in this section. (This is an opportunity for the public to address City Council. 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 as the speaker approaches the podium. A USB port is available for public presentation. a. Carolyn Armstrong with Southsiders Special Olypics Team would like to thank City Council for their support. b. Becky Deal, an Englewood resident, will address Council. c. Mark McIntosh will address Council regarding Change the Trend. d. Kathleen Bailey, an Englewood resident, will address Council regarding hopes of the new City Manager implementing positive changes rather than more of the same. e. Vicki Hoffmann will address Council. f. Marcy Brown, an Englewood resident, will address Council. g. Doug Cohn, an Englewood resident, will address Council regarding historic preservation. 7. Recognition of Unscheduled Public Comment Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. (This is an opportunity for the public to address City Council. There is an expectation that the presentation will be Page 1 of 252 Englewood City Council Regular Agenda August 5, 2019 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. conducted in a respectful manner. Council may ask qu estions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion.) Written materials for presentation to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. Council Response to Public Comment. 8. Communications, Proclamations, and Appointments 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB 30 - IGA with Arapahoe County for Coordinated Election Services CB 30 Pdf Staff recommends Council approve a Bill for an Ordinance for an Intergovernmental Agreement between the City of Englewood and Arapahoe County for the November 5, 2019 Coordinated Election. Staff: City Clerk Stephanie Carlile b. Approval of Ordinances on Second Reading. c. Resolutions and Motions i. Appointment of Robert J Bricmont Jr as Associate Judge Pdf Presiding Judge Joe Jefferson would request that the City Council appoint Robert J. Bricmont Jr.,by Resolution, to serve a 4 year term as an Associate Judge for the City of Englewood, commencing August 5, 2019 and expiring August 4, 2023. Staff: Court Administrator Tamara Wolfe ii. Appointment of Tamra A Palmer as Associate Judge Pdf Presiding Judge Joe Jefferson would request that the City Council appoint Tamara A. Palmer, by Resolution, to serve a 4 year term as an Associate Judge for the City of Englewood, commencing August 5, 2019 and expiring August 4, 2023. Staff: Court Administrator Tamara Wolfe iii. Acceptance of CDOT Grant for Traffic Safety Enforcement and Education Pdf Staff recommends City Council approve, by Resolution, to accept grant funding from the Colorado Department of Transportation to support traffic safety education and enforcement for State of Colorado fiscal years 2019 - 2022. Staff: Community Relations Specialist Toni Arnoldy 10. Public Hearing Items 11. Ordinances, Resolutions and Motions Page 2 of 252 Englewood City Council Regular Agenda August 5, 2019 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. a. Approval of Ordinances on First Reading i. CB 29 - IGA Police Department and Arapahoe County EVOC Course CB 29 Pdf Staff recommends City Council approve a Bill for an Ordinance authorizing an Intergovernmental Agreement between the Arapahoe County Sheriff and the City of Englewood for the use of the Arapahoe County Sheriff's Driving Track Facility. Staff: Police Commander Vance Fender ii. CB 31 - Art Gallery Liquor Permit CB 31 Pdf Staff recommends City Council approve a Bill for an Ordinance allowing Liquor Permits for Art Galleries in accordance with C.R.S. 44-3-424 and applicable provisions of the Englewood Municipal Code. Deputy City Clerk Jackie McKinnon iii. CB 32 - IGA for Acceptance of Grant Funds for Romans Park Tennis and Playgrounds CB 32 Pdf Staff recommends City Council approve a Bill for an Ordinance authorizing an intergovernmental agreement (IGA) for acceptance of grant funding for Romans Park Tennis Courts and Playgrounds Replacement. Staff: Acting Parks, Recreation and Library Director Dave Lee iv. CB 33 - Approve Loan From General Fund Long Term Asset Reserve to Storm Water Drainage Fund - 1st Reading CB 33 Pdf Staff requests City Council approve a Bill for an Ordnance approving a $3.0 million, 1.0% interest bearing loan from the General Fund Long Term Asset Reserve (LTAR) to the Storm Water Drainage Fund in order to initiate required pre-construction design for storm water system maintenance and improvements as well as to establish appropriate rates and fees required to secure funding for future construction. Staff: Finance and Administrative Services Director Maria Sobota b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Resolution to Approve 2018 Supplemental Appropriation Pdf Staff recommends City Council approve, by Resolution, a Supplemental Appropriation to the 2018 Budget. Staff: Finance and Administrative Services Director Maria Sobota ii. Tyler New World ERP Contract Amendment Pdf Staff recommends City Council approve, by Motion, the Tyler Technologies contract amendment. Staff: IT Applications Services Manager Joe Isenbart iii. Englewood Employee Association Collective Bargaining Contract, 2020-2022 Page 3 of 252 Englewood City Council Regular Agenda August 5, 2019 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. Pdf Staff recommends City Council approve, by Motion, the attached Collective Bargaining Agreement endorsed by the Englewood Employee Association membership for fiscal years 2020 - 2022. Staff: Acting Deputy City Manager Dorothy Hargrove iv. Approval of Change Order with Presidio Networked Solutions Group for Police Headquarters Building Pdf Staff recommends City Council approve, by Motion, the approval of Change Order No. 3, in the amount of $25,819.46, to furnish and install video cameras and wiring for surveillance for Phase 2 (parking lot construction) of the Police Headquarters Building, with Presidio Networked Solutions Group. Public Works Director Maria D'Andrea v. Approval of Change Order with NNSI for Police Headquarters Building Pdf Staff recommends City Council approve, by Motion, Change Order No. 3, in the amount of $19,680.05, to furnish and install network cabling for Phase 2 (parking lot construction) of the Police Headquarters Building, with National Network Services, Inc. (NNSI). Staff: Public Works Director Maria D'Andrea vi. Approval of Change Order with Calibre Engineering for Flood-Prone Area Storm Water Analysis Pdf Staff recommends City Council approve, by Motion, two change orders with Calibre Engineering, in an amount totaling $44,714.00 for additional work related to the study and the feasibility of an alternate route for the outlet from Project S2. Staff: Public Works Director Maria D'Andrea 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 4 of 252 MINUTES City Council Special Meeting Thursday, July 11, 2019 1000 Englewood Pkwy – Community Room 6:00 PM 1 Call to Order The special meeting of the Englewood City Council was called to order by Mayor Olson at 6:00 p.m. 2 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Olson. 3 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Rita Russell Council Member Othoniel Sierra Council Member Laurett Barrentine Council Member Dave Cuesta Council Member Amy Martinez COUNCIL ABSENT: Council Member Cheryl Wink STAFF PRESENT: Interim City Manager Hargrove City Attorney McKenney Brown City Clerk Carlile Officer Yosten, Police Department 4 Emergency Purchase Authorization - Sante Fe Storm-water System Damage a) Emergency Purchase Authorization - Sante Fe Stormwater System Damage Moved by Council Member Amy Martinez Seconded by Council Member Othoniel Sierra RESOLUTION NO. 58, SERIES OF 2019 Page 1 of 2 Draft Page 5 of 252 City Council Special July 11, 2019 A RESOLUTION AUTHORIZING EMERGENCY PURCHASE(S) TO ADDRESS THE SINKHOLE CAUSED BY A RAIN EVENT OCCURRING ON JULY 1, 2019, RESULTING IN SEVERAL CLOSED ROADS NEAR SOUTH SANTA FE DRIVE AND WEST OXFORD AVENUE, AFFECTING THE PUBLIC PROPERTY OR SAFETY OF THE CITY OF ENGLEWOOD. For Against Abstained Amy Martinez (Moved By) x Linda Olson x Dave Cuesta x Laurett Barrentine x Othoniel Sierra (Seconded By) x Rita Russell x 6 0 0 Motion CARRIED. 5 Adjournment The meeting adjourned at 6:11 p.m. City Clerk Page 2 of 2 Draft Page 6 of 252 MINUTES City Council Regular Meeting Monday, July 15, 2019 1000 Englewood Pkwy – Council Chambers 7:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Olson at 7:10 p.m. 2 Invocation The invocation was given by Council Member Martinez. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Martinez. 4 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Rita Russell Council Member Othoniel Sierra Council Member Laurett Barrentine Council Member Dave Cuesta Council Member Amy Martinez Council Member Cheryl Wink COUNCIL ABSENT: None STAFF PRESENT: Interim City Manager Hargrove City Attorney McKenney Brown City Clerk Carlile Deputy City Clerk Truscott Reed Director Van Ry, South Platte Water Renewal Partners. Director D'Andrea, Public Works Director Sobota, Finance and Administrative Services Deputy Director of Strategic Programs Corning, South Platte Water Renewal Partners Planning Manager Burkholder, Community Development Projects and Engineering Manager Hoos, Public Works Page 1 of 8 Draft Page 7 of 252 City Council Regular July 15, 2019 Planner II Sampson, Community Development Redevelopment Manager Poremba, Community Development Technical Support Specialist II Munnell, Information Technology Commander Fender, Police Department Officer Martinez, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of July 1, 2019. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 1, 2019. For Against Abstained Amy Martinez x Cheryl Wink x Dave Cuesta x Laurett Barrentine x Linda Olson x Othoniel Sierra (Seconded By) x Rita Russell (Moved By) x 6 0 1 Motion CARRIED. b) Minutes of the Special City Council Meeting of July 3, 2019. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 3, 2019. For Against Abstained Amy Martinez x Cheryl Wink x Dave Cuesta x Laurett Barrentine x Linda Olson x Othoniel Sierra (Seconded By) x Rita Russell (Moved By) x 5 0 2 Page 2 of 8 Draft Page 8 of 252 City Council Regular July 15, 2019 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) Brad Nixon, Chair, Alliance for Commerce in Englewood (ACE) addressed Council about the findings from their recent business focus group interactions and invite Council to participate in the August 7 walking tour in Englewood’s industrial area. b) Jerry Walker, an Englewood resident, addressed Council regarding metal detectors at council meetings and City Center seating availability. c) Mathew Schultz, an Englewood resident, addressed Council regarding City flooding. d) Vicki Hoffmann addressed Council regarding the July 8, 2019 City Council Study Session and City flooding. e) Elaine Hultz, an Englewood resident, was scheduled to address Council but was not present. f) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. 7 Recognition of Unscheduled Public Comment a) Lester Myers, an Englewood resident, addressed Council regarding short term rentals, trash, and Accessory Dwelling Units. b) Felicity Day, an Englewood resident, addressed Council regarding in home day care in the R1A zoning district. c) Mike Sandgrin, an Englewood resident, addressed Council regarding the homelessness study. d) LynnAnn Huizlgh, an Englewood resident, addressed Council regarding the homelessness study. e) Marcy Brown, an Englewood resident, addressed Council regarding empathy. f) Nathan Hoag, an Englewood resident, addressed Council regarding homelessness. g) Steven Schreiner, an Englewood resident, addressed Council regarding short term rentals. h) Mike Linebaugh, an Englewood resident, addressed Council regarding general comments. i) Ivan Erwin, an Englewood resident, addressed Council regarding quality of life. j) John Melson, an Englewood resident, addressed Council regarding marijuana grows and medical marijuana sales. Page 3 of 8 Draft Page 9 of 252 City Council Regular July 15, 2019 k) Tami Williamson, an Englewood resident, addressed Council regarding short term rentals. Council Member Martinez Responded to Public Comment. 8 Communications, Proclamations, and Appointments a) Council recognized newly appointed Boards and Commission members: Alliance for Commerce in Englewood Jason Whyte – Regular Budget Advisory Committee Chelsea Nunnenkamp – Regular Donna Woods – Regular Joel Moore – Regular Code Enforcement Advisory Committee Colleen Moore – Regular Matthew Collins – Regular Furie Giusti – Regular Carson Green – Regular Cultural Arts Commission Dana Foulks – Regular Leabeth Pohl – Regular Keep Englewood Beautiful Hedy Anselman – Regular Margot Flynn – Regular Planning and Zoning Commission Kate Fuller – Regular Carl Adams – Alternate Transportation Advisory Committee Breann Plasters – Alternate 9 Consent Agenda Items a) Approval of Ordinances on First Reading Page 4 of 8 Draft Page 10 of 252 City Council Regular July 15, 2019 There were no additional Ordinances on First Reading (See Agenda Item 11 (a)(i). b) Approval of Ordinances on Second Reading. i) CB 14 - SPWRP - Local Limits Technical Evaluation Moved by Council Member Cheryl Wink Seconded by Council Member Rita Russell ORDINANCE NO. 31, SERIES OF 2019 (COUNCIL BILL NO. 14, INTRODUCED BY COUNCIL MEMBER MARTINEZ) AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 5(B) OF THE ENGLEWOOD MUNICIPAL CODE 2000, IN ASSOCIATION WITH WASTEWATER DISCHARGE LIMITATIONS. For Against Abstained Amy Martinez x Cheryl Wink (Moved By) x Dave Cuesta x Laurett Barrentine x Linda Olson x Othoniel Sierra x Rita Russell (Seconded By) x 7 0 0 Motion CARRIED. c) Resolutions and Motions There were no additional Resolutions or Motions (See Agenda Item 11 (c) (i)- (ii).) 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 29 - IGA Police Department and Arapahoe County EVOC Course Page 5 of 8 Draft Page 11 of 252 City Council Regular July 15, 2019 Moved by Council Member Linda Olson Motion to table Council Bill No. 29 - A bill for an ordinance authorizing an Intergovernmental Agreement entitled "Douglas County Emergency Vehicle Operations Course" between the City of Englewood and Douglas County. [Clerks note: This agenda item was tabled to be considered at the August 5, 2019 Regular City Council meeting.] For Against Abstained Linda Olson (Moved By) x Amy Martinez x Cheryl Wink x Dave Cuesta x Laurett Barrentine x Othoniel Sierra x Rita Russell x 7 0 0 Motion TABLED. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading (See Agenda Item 9 (b)(i). c) Resolutions and Motions i) Approval of Change Orders with Security Central, Inc. for Police Headquarters Building Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Approval of Change Order No. 3, in the amount of $9,240.52, for the installation of egress crash bars & wireless entry buttons, as well as approval of Change Order No. 4, in the amount of $17,814.56, for the parking lot access at two vehicle gates and one man gate, with Security Central, Inc. For Against Abstained Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x Page 6 of 8 Draft Page 12 of 252 City Council Regular July 15, 2019 Dave Cuesta x Laurett Barrentine x Linda Olson x Othoniel Sierra x Rita Russell x 7 0 0 Motion CARRIED. ii) Award of Contract to PLM Asphalt and Concrete, LLC for the 2019 Mill & Overlay Project Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra Approval of a contract with PLM Asphalt and Concrete, LLC in the amount of $986,171.20, for the 2019 Asphalt Mill and Overlay Project with an allowance for a 10% contingency, if needed. For Against Abstained Amy Martinez x Cheryl Wink x Dave Cuesta x Laurett Barrentine x Linda Olson x Othoniel Sierra (Seconded By) x Rita Russell (Moved By) x 7 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report a) City Center Redevelopment Update - Developer Procurement Redevelopment Manager Dan Poremba gave an update on the City Center Redevelopment. 14 City Attorney’s Report Page 7 of 8 Draft Page 13 of 252 City Council Regular July 15, 2019 15 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 9:26 p.m. City Clerk Page 8 of 8 Draft Page 14 of 252 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: City Clerk's Office DATE: August 5, 2019 SUBJECT: CB 30 - IGA with Arapahoe County for Coordinated Election Services DESCRIPTION: CB 30 - IGA with Arapahoe County for Coordinated Election Services RECOMMENDATION: Staff recommends Council approve a Bill for an Ordinance for an Intergovernmental Agreement between the City of Englewood and Arapahoe County for the November 5, 2019 Coordinated Election. PREVIOUS COUNCIL ACTION: The City of Englewood has participated with Arapahoe County in conducting coordinated elections for every City of Englewood General Municipal Election since 1993. SUMMARY: Because of State Legislation and the Taxpayer’s Bill of Rights (TABOR) amendment approved by the voters in 1992, coordinated elections are to be conducted throughout the State by County Clerks. The County has the capability of coordinating this election and including the City of Englewood. The Election Commission has agreed that it is in the best interest of the electors of Englewood to conduct future elections jointly with the other political entities within the County. In order to participate in the 2019 Coordinated Election, the City of Englewood must enter into an Intergovernmental Agreement with Arapahoe County. Staff has reviewed the proposed Intergovernmental Agreement Between Arapahoe County Clerk and Recorder and City of Englewood regarding the Conduct and Administration of the November 5, 2019 General Election and concurs with the Commission’s recommendation. FINANCIAL IMPLICATIONS: Since costs are based on several variables, e.g. the number of registered electors in the City of Englewood at the time of the election, the number of entities participating in the election, the financial impact is only an estimate. The County's estimate of our final cost is $ 14,372.68. ATTACHMENTS: Council Bill #30 IGA Page 15 of 252 Attachment A - Cost Estimate Attachment B - Key Dates for Coordinating Jurisdictions Page 16 of 252 Arapahoe County Elections IGA Page 1 INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY CLERK AND RECORDER AND CITY OF ENGLEWOOD REGARDING THE CONDUCT AND ADMINISTRATION OF THE NOVEMBER 5, 2019 COORDINATED ELECTION PREPARED BY: ARAPAHOE COUNTY CLERK AND RECORDER’S OFFICE ELECTIONS DIVISION 5334 S. PRINCE STREET LITTLETON, COLORADO 80120 303-795-4511 Page 17 of 252 Arapahoe County Elections IGA Page 2 THIS AGREEMENT is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, on behalf of the Arapahoe County Clerk and Recorder (hereinafter referred to as the "County") and City of Englewood (hereinafter referred to as the “Jurisdiction") (hereinafter collectively referred to as the “Parties”); and WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1, C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, pursuant to section 1-7-116, C.R.S. if more than one jurisdiction holds an election on the same day in November and the eligible electors for each such election are the same or the boundaries overlap, the County Clerk and Recorder is the coordinated election official and, pursuant to section 1–5–401, C.R.S. shall conduct the elections on behalf of all jurisdictions whose elections are part of the coordinated election utilizing the mail ballot procedures set forth in article 7.5 of Title 1; and WHEREAS, the County and Jurisdiction have determined that section 1-7-116, C.R.S. applies and it is in the best interest of the taxpayers and the electors to enter into this Agreement to conduct a Coordinated Election on November 5, 2019; and WHEREAS, such agreements are authorized by State law. WHEREAS, the County and the Jurisdiction have a history of successful coordinated elections and have therewith established certain practices and procedures to preserve the integrity of the election process; and WHEREAS, the Parties understand and agree that conducting coordinated elections subjects all Parties participating in the process to the strictures of Article XXIX of the Colorado Constitution pertaining to Ethics in Government, including that all Parties must: hold the respect and confidence of the people; carry out their duties for the benefit of the people; and avoid conduct that is in violation of their public trust or that creates a justifiable impression in the public that such trust is being violated. NOW, THEREFORE, for and in consideration of the promises herein contained, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: This election shall be conducted as a Coordinated Election in accordance with the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C.R.S.). The election participants will execute agreements with Arapahoe County for this purpose and may include municipalities, school districts, and special districts within the Arapahoe County limits and the State of Colorado. The Arapahoe County Clerk and Recorder shall be designated as the Coordinated Election Official (hereinafter “CEO”) and the Jurisdiction hereby identifies Stephanie Carlile as its Designated Election Official (hereafter “DEO). FURTHER, the Parties agree as follows: Page 18 of 252 Arapahoe County Elections IGA Page 3 SECTION I. PURPOSE AND GENERAL MATTERS 1.01 DEFINITIONS. A. “Address Library Report” means the address report from the Secretary of State voter registration system that defines street addresses and precincts within the jurisdiction. B. “Coordinated Election Official” (hereinafter “CEO”) shall mean the County Clerk and Recorder who shall act as the “coordinated election official,” as defined within the Code and Rules and, as such, shall conduct the election for the Jurisdiction for all matters in the Code and the Rules which require action by the CEO. C. "Colorado Election Code" or “Code” means any part of the Uniform Election Code of 1992, (Articles 1- 13 of Title 1, C.R.S.) or any other Title of C.R.S governing participating Jurisdiction's election matters, as well as the Colorado Constitution, and the State of Colorado Secretary of State (SOS) Rules. D. “Coordinated Election" means an election where more than one jurisdiction with overlapping boundaries or the same electors holds an election on the same day and the eligible electors are all registered electors, and the County Clerk is the Coordinated Election Official for the jurisdictions. E. “Contact Officer” means the individual who shall act as the primary liaison or contact between the Jurisdiction and the County Clerk. The Contact Officer shall be that person under the authority of the County Clerk who will have primary responsibility for the coordination of the election for the Jurisdiction and the procedures to be completed by the County Clerk hereunder. F. “Designated Election Official" (hereinafter “DEO”) means the individual who shall be identified by the Jurisdiction to act as the primary liaison between the Jurisdiction and the Contact Officer and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. To the extent that the Code requires that an Election Official of the Jurisdiction conduct a task, the DEO shall conduct same. G. “IGA” or “Agreement” means this Intergovernmental Agreement between the County and the Jurisdiction for election coordination. H. “Jurisdiction” means a political subdivision as defined in § 1-7.5-103(6), C.R.S. and referenced in the Code and, in this Agreement, is interpreted to refer to the City of Englewood, Colorado. I. “Logic and Accuracy Test” means a test of all electronic and electromagnetic voting equipment to test mail, provisional and audio ballots, in accordance with § 1-7-509, C.R.S. by processing a preaudited group of ballots. J. “Mail Ballot Packet” means the packet of information provided by the CEO to eligible electors in the mail ballot election. The packet includes the ballot, instructions for completing the ballot, a secrecy envelope, and a return envelope. § 1-7.5-103(5), C.R.S. Page 19 of 252 Arapahoe County Elections IGA Page 4 K. “Post Election Audit” means such audit as set forth substantially in the Colorado Election Code. L. “Precinct” means an area with established boundaries within a political jurisdiction used to establish election districts. M. “Proposed Jurisdiction” means a jurisdiction which may be formed pursuant to this election which is not yet identified by a tax authority code in the County Assessor database. When the context of this Agreement so requires, a Proposed Jurisdiction will simply be referred to as a Jurisdiction. N. “SOS” means the Colorado Secretary of State. O. “SOS Election Calendar” means the most recent election calendar as published on the SOS website located at http://www.sos.state.co.us and attached hereto as Attachment B and incorporated herein by this reference. P. “TABOR” means a ballot issue that is governed by article X, § 20 of the Colorado Constitution. Q. “UOCAVA voters” means military personnel and overseas civilians who are registered to vote and receive services under the Uniformed and Overseas Citizens Absentee Voting Act of 1986 and the Military and Overseas Voter Empowerment Act of 2009. 1.02 JURISDICTIONAL LIMITATION. A. The Jurisdiction encompasses territory within Arapahoe County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Arapahoe County. SECTION II. COUNTY/JURISDICTION RESPONSIBILITIES 2.01 JOINT RESPONSIBILITIES. Nothing herein shall be deemed or construed to relieve the County or the Jurisdiction from their official responsibilities for the conduct of the election as generally set forth in the Colorado Election Code. All parties shall: A. Familiarize themselves and adhere to all applicable provisions and timelines of the Colorado Election Code while performing their official responsibilities for the conduct of the election, unless superseded by other legal authority. B. Enforce all applicable provisions of the Fair Campaign Practices Act. C. Review and execute this IGA with all required signatures on or before the deadline set forth in § 1-7- 116(2), C.R.S. D. Confirm they have sufficient funds available and appropriated in an approved budget to pay their expenses for this election. Page 20 of 252 Arapahoe County Elections IGA Page 5 E. All parties shall remain cognizant of their obligations under article XXIX of the Colorado Constitution at all times during the election process, from the signing of this IGA to final certification of election results to the SOS. 2.02 COUNTY RESPONSIBILITIES. The County shall perform the following duties: A. Designate a Contact Officer to provide assistance and information to the DEO of the Jurisdiction on matters relating to the conduct of this election. Such information shall not include legal advice. B. Maintain voter records and an address library for Arapahoe County voters within the Colorado SCORE voter registration database. Comply with Colorado Secretary of State and Arapahoe County cyber- security recommendations to protect confidential voter information. C. Send a certified list of registered voters to the Jurisdiction via secure FTP transfer. D. In order to identify which addresses are eligible to receive and vote on the Jurisdiction’s ballot question, the County shall perform the following duties for the Address Library: a. Use the Colorado SCORE voter registration database to produce an Address Library Report that indicates residential street ranges included within the boundaries of the Jurisdiction. b. Provide the Jurisdiction with the Address Library Report in an electronic format, along with an Acknowledgement Form that the Jurisdiction should use to confirm the accuracy of the ranges or note any errors, omissions, and/or corrections. c. Verify any errors, omissions, and/or corrections identified by the Jurisdiction against County Assessor data, and where appropriate, modify street ranges to accurately define the eligible electors within the Jurisdiction. E. Prepare and deliver a proposed mail ballot plan and election contingency plan to the Secretary of State no later than 90 days prior to the Election. F. Receive certified ballot content from the Jurisdiction in electronic format. Layout the text of the official ballot using the certified content without any modifications or formatting changes. Provide an electronic proof of the ballot to the Jurisdiction’s DEO via email for written approval prior to final production. Post a sample ballot to www.arapahoevotes.com. G. Determine the number and letter of each ballot issue and question for the Jurisdiction and any other coordinating jurisdictions participating in the election, in accordance with SOS Rule 4.5.2: a. If the Jurisdiction is entirely contained within Arapahoe County, the County has authority to set the ballot measure order and number. Page 21 of 252 Arapahoe County Elections IGA Page 6 b. If the Jurisdiction includes territory in more than one county, the County will coordinate with the other applicable counties for purpose of determining the controlling county and agreeing upon ballot measure numbers for shared issues and questions. H. Conduct a Logic and Accuracy Test in accordance with § 1-7-509, C.R.S. Invite the Jurisdiction to participate along with the Testing Board to verify the accuracy of electronic vote tabulation equipment. Post a public notice of the Test seven (7) days in advance. I. Provide a candidate hotline at 303-734-5365, which every candidate running for office in the Jurisdiction (if applicable) shall call to provide the phonetic pronunciation of their name as it appears on their Statement of Intent, title of the office, and Jurisdiction for which they are running. J. Prepare an accessible audio ballot for the electronic ballot marking devices to be made available to voters upon request at any Voter Service and Polling Center. K. Contract with a vendor acceptable to the SOS to print and send Mail Ballot Packets to every active registered voter and transmit ballots electronically to every active registered UOCAVA voter. L. Publish and post the required legal notice of election pursuant to § 1-5-205(1), C.R.S. for the Jurisdiction’s ballot issues, ballot questions, and/or candidates. M. If the Jurisdiction’s election includes a TABOR issue, the County shall perform the following duties relative to the TABOR Notice: a. Provide a Microsoft Word document template for the TABOR Notice to the Jurisdiction with instructions to submit its certified ballot language, pro/con statements and financial summary for each ballot question or issue governed by TABOR by the deadline listed in Attachment B. b. Prepare the TABOR Notice using the certified content provided by the Jurisdiction, without revision. c. Contract with a printing vendor to produce and mail one copy of the TABOR Notice to every household where an active registered voter of the Jurisdiction resides at the least cost possible in the time frame as required by law. If the Jurisdiction is a special district, the TABOR Notice also will be mailed to every eligible property owner who is not already a registered voter in Arapahoe County. The County may send the TABOR Notice to persons other than electors of the Jurisdiction in an effort to mail the TABOR Notice package at the “least cost.” d. Post the TABOR Notice on www.arapahoevotes.com. e. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to the County’s TABOR Notice services for the Jurisdiction. The Jurisdiction’s proportional share of actual costs shall be based on the County’s total expenditures relative to the TABOR Notice. N. Hire, instruct and oversee election judges and temporary workers necessary for the conduct of the election. Page 22 of 252 Arapahoe County Elections IGA Page 7 O. Establish and maintain mail ballot drop-off locations, and designate and operate Voter Service and Polling Centers as required by the Code. P. Provide trained personnel to pick up sealed ballot containers containing voted ballots from every drop-off location and Voter Service and Polling Center each business day. Provide a replacement sealed empty ballot container(s), except if the location is a stand-alone 24-hour drop-box. Q. Provide the necessary equipment, the adequately trained personnel, and the secure facility, and conduct and oversee the process to receive, verify voter signatures, open, tabulate and store ballots. R. Maintain a record of every eligible voter’s registration and every ballot sent, received, voided and cast using the Colorado SCORE voter registration and election management system. A SCORE download providing an update on every eligible voter’s registration and ballot status will be posted on www.arapahoevotes.com daily during the voting period. No person will be given preferential treatment regarding the receipt of updated SCORE information, except that the Clerk’s Office may respond to lawful records requests made pursuant to the Colorado Open Records Act. S. Send letters to voters whose mail ballots are missing a signature, missing identification or have a signature discrepancy, and provide instructions and an affidavit to cure this issue within eight (8) days of Election Day for the ballot to be counted. Conduct the process to receive and verify voter affidavits and where appropriate, cure and count these ballots. T. Maintain the following reports for all Arapahoe County eligible voters, and publish a public version (excluding confidential voters) on www.arapahoevotes.com: a. A registered voter list, including the names of eligible electors; b. A turnout list, including the names of eligible electors, precinct number, date mail ballot was sent, and date ballot was issued at a Voter Service and Polling Center. U. Accept public inquiries by phone at 303-795-4511 and by email at elections@arapahoegov.com. Respond to all correspondence and calls within the County’s expertise relating to election procedures. Refer members of the public and news media to the DEO for any matters pertaining to the Jurisdiction’s race, questions, measures or operations. V. Post unofficial election results after the polls close on Election Night at www.arapahoevotes.com, and regularly update the unofficial results as more eligible ballots are counted. Election results will not be shared before the online posting. W. Conduct a recount of the ballots cast if required by law or if requested by the Jurisdiction for any reason. In either scenario, the cost of the recount will be charged to the Jurisdiction. If more than one Jurisdiction is involved in the recount, the cost will be pro-rated among the participating Jurisdictions equally. X. Prepare and run the required Post Election Audit in accordance with the Code before certifying election results. Page 23 of 252 Arapahoe County Elections IGA Page 8 Y. Appoint a Canvass board and conduct a canvass of the votes in order to certify the results of the Jurisdiction's election pursuant to C.R.S. § 1-10-103. Provide the Jurisdiction with a copy of all election statements and certificates which are to be created under the Code. Z. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to the County’s administration of the election. AA. Submit to the Jurisdiction an itemized invoice for all expenses incurred under this Agreement. BB. Store all election records as required by the Code for 25 months in such a manner that they may be accessed by the Jurisdiction, if necessary, to resolve any challenges or other legal questions that might arise regarding the election. 2.03 JURISDICTION RESPONSIBILITIES. The Jurisdiction shall perform the following duties: A. Identify a Designated Election Official to act as liaison between the Jurisdiction and the County. B. Notify the County prior to executing this IGA if the Jurisdiction’s boundaries include property in any other county. C. Review the Address Library Report provided by the County, which determines which residential addresses are within the jurisdiction. View the street ranges in a map format at: http://gis.arapahoegov.com/ArapaMAP/. Confirm the street ranges are correct and identify any errors, omissions or deletions if necessary. Provide the County with certification of any annexations, inclusions, and/or exclusions to the Jurisdiction, including all supporting documents. Return via email a signed copy of the provided Acknowledgement Form to the County, including any corrections if necessary, by the date set forth in Attachment B. a. If the Jurisdiction is a Proposed Jurisdiction not already identified by a tax authority code in the County Assessor’s records, the Jurisdiction shall provide the County with a certified legal description, map, and a list of street ranges for all streets within the Proposed Jurisdiction on or before eighty (80) days prior to Election Day. If residential addresses are not available, provide a list of the land parcel numbers that are within the boundaries of the Proposed Jurisdiction. D. For elections where owning property in the Jurisdiction is a requirement for voting in the election, the Jurisdiction must perform the following tasks relating to the property owners list: a. Coordinate directly with the Arapahoe County Assessor’s Office to order and pay for an initial and a supplemental certified list of all recorded owners of taxable real and personal property within the Jurisdiction’s boundaries in Arapahoe County, in accordance with § 1-5-304, C.R.S. and by the deadlines in Attachment B. b. Contact Minerva Padron at the Colorado Secretary of State’s Office to receive access to DEO SCORE lookup. (Minerva Padron, 855-428-3555 ext. 6332, minerva.padron@sos.state.co.us). Page 24 of 252 Arapahoe County Elections IGA Page 9 c. Using the list from the Assessor’s Office: i. Remove from the list non-person entities and persons not living in the state of Colorado. ii. Look up the remaining names using the Secretary of State SCORE look-up tool to determine if each person is a registered voter. Remove from the list those individuals who are not registered to vote. iii. Remove from the list persons who reside in the district, as they will already receive a mail ballot. iv. Deliver to the County via email an initial and a supplemental list of property owners who are property owners in the district, registered to vote in the state of Colorado, and not physically residing in the district. Each list should be delivered by the deadline indicated in Attachment B. The list should be a Microsoft Excel spreadsheet and must contain no more than one (1) eligible elector’s name per line. Each line must consist of the following separated fields: eligible elector’s voter identification number, last name, first name, middle name, mailing address, city, state, zip, parcel number, and phone number, if available. E. Directly manage the responsibilities defined in § 1-4-901 to 912, C.R.S. for all candidate petitions for all local election races held by the Jurisdiction, including but not limited to: reviewing the petition format, receiving petitions that are filed, verifying voter validity, determining sufficiency, notifying candidates of sufficiency, responding to protest filings, and cures if applicable. F. Determine the title and text of the Jurisdiction’s ballot races, measures and/or issues using plain, non- technical language, worded with simplicity and clarity, in accordance with § 1-40-105(1), C.R.S. Determine the order of candidates in each race by lot drawing, or if applicable, city/town charter. G. Defer to the County to determine the number and letter of each ballot issue and question, as outlined in Section 2.02. Abstain from communicating or publicizing a ballot issue or question in conjunction with a letter or number before it has been officially determined by the County. H. Submit the Jurisdiction’s certified ballot content, verbatim, as it should appear on the ballot for the Jurisdiction’s races, questions and issues to the County. Submit the ballot content via email to Corene Henage at chenage@arapahoegov.com on or before the deadline as set forth within Attachment B. Format the ballot content in a Microsoft Word document in plain text; do not include bold, italic, underline, bullets, tables, strikethrough or indentation. Titles should indicate whether the question is a referred measure or an initiative from a citizen petition. TABOR issues must be in all caps. All other measures and races must be mixed case. (Ballot content submitted to the County after the deadline will not appear on the ballot.) I. Within one business day of receipt from the County, proofread the layout and the text of the Jurisdiction’s portion of the official ballots and provide written notice of acceptance to the County via email to Corene Henage at chenage@arapahoegov.com. Page 25 of 252 Arapahoe County Elections IGA Page 10 J. If the Jurisdiction’s election includes a race, contact all candidates on the ballot and ask them to call the County’s candidate hotline at 303-734-5365 by the deadline indicated in Attachment B and record a voicemail with the phonetic pronunciation of their name, the title of the race and jurisdiction for which they are running. K. If the Jurisdiction’s election includes a TABOR issue, the Jurisdiction shall perform the following duties relative to the TABOR Notice: a. Receive petition representative’s written summary of comments relating to ballot issues/ballot questions. Receive and compile community members’ written summary of pro/con statements relating to ballot issues/ballot questions. b. Prepare a financial summary for each ballot question or issue. c. Prepare a Microsoft Word document using the template provided by the County for the TABOR Notice with the final and exact text of its certified ballot language, pro/con statements and financial summary for each ballot question or issue governed by TABOR by the deadline in Attachment B, delivered to Briana Kacinski at bkacinski@arapahoegov.com. d. Defend and resolve, at the Jurisdiction’s sole expense, all challenges related to the candidates, ballot issues and/or ballot questions, or to the TABOR Notice if applicable, as certified to the County. L. Publish and post any required legal notices for the Jurisdiction’s candidates, ballot issues and/or ballot questions, other than the notice published by the County in conformance with § 1-5-205, C.R.S. A copy of such published legal notice shall be submitted to the County for its records. M. Respond to all correspondence and calls for any matters pertaining to the Jurisdiction’s race, question or measures or operations. Refer members of the public and news media to the County for any matters outside of the DEO’s expertise relating to election procedures. N. Notify the CEO by the statutory deadline whether a recount is required or desired. The Jurisdiction shall reimburse the County for the full cost of the recount. If other Jurisdictions are included in the recount, the cost of the recount will be prorated among the participating Jurisdictions as per § 1-10.5- 101, C.R.S. O. Remit to the County the total payment for the Jurisdiction’s prorated share of costs for the printing and mailing of ballots, TABOR Notice (if required), any additional or unique election costs resulting from Jurisdiction delays and/or special preparations or cancellations, and all other election expenses within sixty (60) days from the date of receipt of an invoice from the County. SECTION III. CANCELLATION OF ELECTIONS 3.01 CANCELLATION OF ELECTION BY THE JURISDICTION. Page 26 of 252 Arapahoe County Elections IGA Page 11 In the event that the Jurisdiction resolves not to hold the election, notice of such resolution shall be provided to the CEO immediately. The Jurisdiction shall be liable for the full actual costs of the activities of the CEO relating to the election incurred before receipt of such notice and activities of the CEO relating to cancelling the election after the receipt of such notice. The Jurisdiction shall provide and post notice by publication as defined in the Code. In the event that the Jurisdiction resolves not to hold the election after the last day for the DEO to certify the ballot order and content to the CEO (see Attachment B), the text provided by the Jurisdiction cannot be removed from the ballot and/or the Ballot Issue notice (TABOR Notice). SECTION IV. MISCELLANEOUS 4.01 NOTICES. Any and all notices required to be given by this Agreement are deemed to have been received and to be effective: (1) three days after they have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that an email or fax was received; to the address of a Party as set forth below or to such Party or addresses as may hereafter be designated in writing: To County: Joan Lopez Arapahoe County Clerk and Recorder’s Office Elections Division 5334 S. Prince St. Littleton, Colorado 80120 Fax: (303) 794-4625 Email: jlopez@arapahoegov.com To Jurisdiction: Stephanie Carlile City Clerk and Designated Election Official 1000 Englewood Parkway Englewood CO 80110 Phone: 303-762-2405 Email: scarlile@englewoodco.gov 4.02 TERM OF AGREEMENT. The term of this Agreement shall continue until all statutory requirements concerning the conduct of the election and the creation, printing, and distribution of the TABOR Notice, if needed, are fulfilled. 4.03 AMENDMENT. This Agreement may be amended only in writing, and following the same formality as the execution of the initial Agreement. Page 27 of 252 Arapahoe County Elections IGA Page 12 4.04 INTEGRATION. The Parties acknowledge that this Agreement constitutes the sole and entire Agreement between them relating to the subject matter hereof and that no Party is relying upon any oral representation made by another Party or employee, agent or officer of that Party. 4.05 CONFLICT OF LAW. In the event that any provision in this Agreement conflicts with the Code or other statute, this Agreement shall be modified to conform to such law. 4.06 TIME OF ESSENCE. Time is of the essence for this Agreement. The time requirements of the Code shall apply to completion of the tasks required by this Agreement. Failure to comply with the terms of this Agreement and/or the deadlines in Attachment B or the Code may result in consequences up to and including termination of this Agreement. 4.07 GOOD FAITH. The parties shall implement this Agreement in good faith, including acting in good faith in all matters that require joint or general action. 4.08 NO WAIVER OF GOVERNMENTAL IMMUNITY ACT. The Parties understand and agree that the County, its commissioners, officials, officers, directors, agents, and employees, are relying on, and do not waive or intend to waive by any provisions of this Agreement, the monetary limitations or any other rights, immunities, protections or defenses provided by the Colorado Governmental Immunity Act (the “CGIA”), §§ 24-10-101 to 120, C.R.S., or otherwise available to the County or the Jurisdiction. To the extent the CGIA imposes varying obligations or contains different waivers for cities and counties, both the Jurisdiction and the County agree that they will remain liable for their independent obligations under the CGIA, and neither party shall be the agent of the other or liable for the obligations of the other. 4.09 NO THIRD PARTY BENEFICIARIES. The enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the County and the Jurisdiction, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person under such Agreement. 4.10 GOVERNING LAW: JURISDICTION AND VENUE. Unless otherwise agreed in writing, this Agreement and the interpretation thereof shall be governed by the laws of the State of Colorado. Venue for any and all legal actions arising under this IGA shall lie in the District Court in and for the County of Arapahoe, State of Colorado. Page 28 of 252 Arapahoe County Elections IGA Page 13 4.11 SEVERABILITY. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent of the parties hereto that the remaining provisions of this Agreement shall be of full force and effect. 4.12 ATTACHMENTS. The following attachments are incorporated herein by this reference. Attachment A – 2019 Cost Estimate Attachment B - Key Dates for Coordinating Jurisdictions (subject to updates) END OF PAGE Page 29 of 252 Arapahoe County Elections IGA Page 14 Arapahoe County _______________________________________ _____________________ Joan Lopez, Coordinated Election Official Date Clerk and Recorder _______________________________________ _____________________ Stephanie Carlile, Designated Election Official Date City Clerk Page 30 of 252 Jurisdiction's Share of Total Election Costs Based On: Total Jurisdiction Active Registered Voters 20,992 ÷ Sum of Active Registered Voters for all Coordinating Entities 825,064 = Weighted Population Average (WPA)0.025443 Election Expenses Incurred for 2019 Coordinated Election Total Cost Department/Office Staff Permanent staff overtime compensation (after 9/16/2019)15,000.00$ Temporary election staff compensation (after 9/16/2019)2,000.00$ Total 17,000.00$ Election Judge Training & Support Materials Election Judge training & materials 750.00$ Election Judge recruitment & retention 250.00$ Election Judge hiring & timekeeping 500.00$ Total 1,500.00$ Voting Equipment Voting machine/BMD lease costs -$ Total -$ VSPC Costs VSPC Election Judge salaries 60,000.00$ VSPC Election Judge hotline/phone staff -$ Laptops/Tablets 6,000.00$ VSPC Location Rental Fees -$ Communications/network/internet 3,000.00$ VSPC set up support (technical, equipment, delivery)4,000.00$ VSPC ballot stock/toner 2,500.00$ Total 75,500.00$ Mail Ballot Processing Costs Ballot Processing Election Judge salaries 55,000.00$ Mail Ballot Processing computers/laptops 500.00$ Ballot Runner Team fleet vehicle rental costs 5,000.00$ UOCAVA email vendor/ballot processing 1,000.00$ Total 61,500.00$ Other costs attributable to Admin/VSPC's/Mail Ballot Processing Cell phone use/stipend 400.00$ Mileage/parking reimbursement 2,000.00$ Supplies (signage, seals, pens, forms, etc.)7,000.00$ Security personnel costs 1,500.00$ CBI background checks for Election Judges/temp staff 4,500.00$ Drug tests for Election Judges/temp staff -$ Total 15,400.00$ ATTACHMENT A - COST ESTIMATE City of Englewood NOV. 5, 2019 ELECTION COORDINATING COSTS Page 31 of 252 Ballot Printing, Programming & Insertion Ballot printing (mail, provisional, test ballots)250,000.00$ Shipping/freight 12,000.00$ Outgoing & return envelopes 38,000.00$ Secrecy sleeves and voter instructions 34,000.00$ Provisional ballot affidavits and envelopes -$ Mail ballots postage 60,000.00$ Total 394,000.00$ Election Notices Statutory notice of election -$ TABOR Notice Postage -$ Ballot issue notice (TABOR) - printing & production -$ Total -$ Total Election Expense 564,900.00$ x Weighted Population Average (WPA) 0.0254$ Total Due to Arapahoe County 14,372.68$ Page 32 of 252 Date Event Reference Accountable July 2019 26-Jul Deadline for Jurisdiction to notify County Clerk of intent to coordinate in the election (100 days prior) 1-1-106(5) 1-7-116(5) Jurisdiction August 2019 7-Aug Deadline for County Clerk to provide a mail ballot plan to the Secretary of State (90 days prior) 1-7.5-105(1) Rule 7.1.1 County Clerk 27-Aug Deadline for Jurisdiction to return Address Library Report acknowledgment form with any necessary revi- sions to County Clerk (70 days prior) IGA Jurisdiction 27-Aug Deadline for County Clerk and coordinating jurisdictions to sign intergovernmental agreement (70 days prior) 1-7-116(2), Rule 4.1.2 Jurisdiction, County Clerk 30-Aug Deadline for candidates to record their name on a phone voice mail provided by County Clerk for the audio ballot Rule 4.6.2 Candidates September 2019 6-Sep Deadline for Jurisdiction to certify ballot content to County Clerk (60 days prior) 1-5-203(3)(a) Rule 4.5 Jurisdiction 6-Sept Deadline for Jurisdiction to order initial property owner list from County Assessor (60 days prior) IGA Jurisdiction 20-Sep Last day for Jurisdiction to accept pro/con comments pertaining to local ballot issues for the TABOR Notice (by noon the Friday before 45th day before the election) Art. X, Sec. 20(3)(b)(v) 1-7-901(4) 1-1-106(5) Voters, Petition Reps, Jurisdiction 21-Sep Deadline for County Clerk to transmit ballots to UOCAVA (military and overseas) voters (45 days prior) 1-1-106(5) 1-8.3-110(1) County Clerk 21-Sep Deadline for Jurisdiction to provide initial list to County Clerk of eligible property owners to receive ballots and TABOR notice (45 days prior) IGA Jurisdiction 23-Sep Deadline for Jurisdiction to deliver full text of TABOR issue notices to County Clerk (43 days prior) 1-7-904 Jurisdiction October 2019 4-Oct Deadline for County Clerk to mail TABOR Notice to registered voter households on behalf of all coordinating jurisdictions (30 days prior) Art. X, Sec. 20(3)(b) 1-1-106(5) Rule 4.3.1 County Clerk 4-Oct Deadline for Jurisdiction to order supplemental list of property owners from County Assessor (30 days prior) IGA Jurisdiction 2019 General Election - Abridged Calendar Key Dates for Coordinating Jurisdictions Resource provided by Arapahoe County Elections. Use this as a reference guide only. Always refer to the Colorado Constitution, Revised Statutes and Secretary of State rules for applicable provisions. Find a complete election calendar at: www.sos.state.co.us/pubs/elections/calendars/2019ElectionCalendar.pdf -over- Page 33 of 252 11-Oct Deadline for Jurisdiction to withdraw a ballot issue or question from the ballot (25 days prior) 1-5-208(2)Jurisdiction 11-Oct Deadline for Jurisdiction to provide supplemental list of eligible property owners to County Clerk (25 days prior) IGA Jurisdiction 14-Oct First day County Clerk can mail ballots to voters, excluding UOCAVA voters (22 days prior) 1-7.5-107(3)(a) Rule 7.2.3 County Clerk 15-Oct Deadline to register to vote through a Voter Registration Drive and receive a mail ballot (22 days prior) 1-2-201(3)(b)(I)Voters 15-Oct County to begin picking up ballots at ballot boxes County Clerk 16-Oct Deadline for County Clerk to publish notice of election in newspaper (20 days prior) 1-1-104(34) 1-5-205(1)(a) County Clerk 18-Oct Deadline for County Clerk to conduct the public Logic and Accuracy Test (18 days prior) Rule 11.3.2(a) 21-Oct First day that County may count ballots. (15 days prior) No results may be disclosed until 7 p.m., Election Day 1-7.5-107.5 County Clerk 28-Oct First day Voter Service & Polling Centers must be open (15 days prior through Election Day, except Sunday) 1-5-102.9(2) Rule 7.9 County Clerk 24-Oct Deadline for Poll Watchers to return a completed Certificate of Appointment/Oath of Watcher to County Clerk in order to observe election activities Jurisdiction, Candidate, Petition Reps 25-Oct Deadline for County Clerk to post a copy of published notice of election in office (10 days prior) 1-5-205(1.3)County Clerk 28-Oct Deadline for voters to register to vote through the mail, online or through a voter registration agency and receive a mail ballot (8th day prior) 1-2-201(3)(b)(III) 1-2-201(4) 1-2-508(3)(a)(1) Voters November 2019 5-Nov Coordinated Election Day (Voter Service and Polling Centers and Ballot Drop-Off locations open 7 a.m. - 7 p.m.) 1-1-104(17) 1-4-201 Rule 7.9.1(b) County Clerk, Voters 13-Nov Deadline for UOCAVA (military and overseas) ballots to be received by Clerk to be counted (8 days after) 1-8.3-111 and 113 Rule 16.1.5 Voters 13-Nov Deadline for voters to cure signature discrepancy or missing signature, and/or to provide missing ID for mail and provisional ballots (8 days after) 1-7.5-107(3.5)(d) 1-7.5-107.3 (2)(a) 1-8.5-105(3)(a) County Clerk, Voters 14-Nov Deadline for County Clerk to count eligible provisional ballots (9 days after) 1-8.5-105(5)County Clerk -over- Page 34 of 252 26-Nov Deadline for County Clerk to complete risk-limiting audit (21 days after) Rule 25.2.3(d)County Clerk 27-Nov Deadline for County Clerk to canvass the election (22 days after) 1-10-102(1) 1-10-103(1) Rule 10 County Clerk 29-Nov Last day for Jurisdiction to provide written notice to Clerk to waive an automatic recount of a referred ballot issue or question that failed (23 days after) 1-10.5-103 Jurisdiction December 2019 3-Dec Deadline for any interested party to request a recount of election results at its own expense (28 days after) 1-10.5-106(2)Any 10-Dec Deadline for County Clerk to complete a statutory recount of any race (35 days after) 1-10.5-102(2) 1-10.5-103 County Clerk 12-Dec Deadline for County Clerk to complete a requested recount (37 days after) 1-10.5-106(2)County Clerk Page 35 of 252 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Wolfe DEPARTMENT: Municipal Court DATE: August 5, 2019 SUBJECT: Appointment of Robert J Bricmont Jr as Associate Judge DESCRIPTION: Appointment of Robert J Bricmont Jr as Associate Judge RECOMMENDATION: Presiding Judge Joe Jefferson would request that the City Council appoint Robert J. Bricmont Jr. to serve a 4 year term as an Associate Judge for the City of Englewood, commencing August 5, 2019 and expiring August 4, 2023. SUMMARY: Associate judges are required in order for the Court to maintain a full-time, full service schedule. The associate judges fill in for the Presiding Judge when there is a conflict, illness, or other required absence. Additional associate judges are required at this time in order to preserve adequate service levels. ANALYSIS: Associate judges must meet the same qualifications, including residency, as the presiding elected municipal judge. Associate judges serve on a rotating schedule in combination with a specific docket and their availability. The Court has experienced several associate judge vacancies due to a variety of circumstances over the last few years and is in need of re- establishing additional eligible associates to serve the community. FINANCIAL IMPLICATIONS: There is no additional financial impact as associate judge costs are included in the annual budget approved by Council. ATTACHMENTS: The Resolution document is attached. Page 36 of 252 RESOLUTION NO. __ SERIES OF 2019 A RESOLUTION FOR THE APPOINTMENT OF ROBERT J. BRICMONT JR, AS ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, pursuant to Article IX, Part II, Section 68, of the Englewood Home Rule Charter, "Council may appoint one or more associate judges, who shall sit at such times and upon such causes as shall be determined by the presiding municipal judge;" and WHEREAS, Associate Judges are appointed for four year staggered terms; and WHEREAS, Judge Joe Jefferson requests the Council appoint Robert J. Bricmont Jr., to a four year term as an Associate Judge for the City of Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Robert Bricmont Jr., shall be and hereby is appointed as Associate Municipal Judge in and for the City of Englewood, Colorado, for a term commencing August 5, 2019 and expiring August 4, 2023. ADOPTED AND APPROVED this 5th day of August, 2019. ATTEST: Linda Olson, Mayor __________________________________ 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 2019. _________________________ Stephanie Carlile, City Clerk Page 37 of 252 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Wolfe DEPARTMENT: Municipal Court DATE: August 5, 2019 SUBJECT: Appointment of Tamra A Palmer as Associate Judge DESCRIPTION: Appointment of Tamra A Palmer as Associate Judge RECOMMENDATION: Presiding Judge Joe Jefferson would request that the City Council appoint Tamara A. Palmer to serve a 4 year term as an Associate Judge for the City of Englewood, commencing August 5, 2019 and expiring August 4, 2023. SUMMARY: Associate judges are required in order for the Court to maintain a full-time, full service schedule. The associate judges fill in for the Presiding Judge when there is a conflict, illness, or other required absence. Additional associate judges are required at this time in order to preserve adequate service levels. ANALYSIS: Associate judges must meet the same qualifications, including residency, as the presiding elected municipal judge. Associate judges serve on a rotating schedule in combination with a specific docket and their availability. The Court has experienced several associate judge vacancies due to a variety of circumstances over the last few years and is in need of re- establishing additional eligible associates to serve the community. FINANCIAL IMPLICATIONS: There is no additional financial impact as associate judge costs are included in the annual budget approved by Council. ATTACHMENTS: The Resolution document is attached. Page 38 of 252 RESOLUTION NO. __ SERIES OF 2019 A RESOLUTION FOR THE APPOINTMENT OF TAMARA A. PALMER, AS ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, pursuant to Article IX, Part II, Section 68, of the Englewood Home Rule Charter, "Council may appoint one or more associate judges, who shall sit at such times and upon such causes as shall be determined by the presiding municipal judge;" and WHEREAS, Associate Judges are appointed for four year staggered terms; and WHEREAS, Judge Joe Jefferson requests the Council appoint Tamara A. Palmer to a four year term as an Associate Judge for the City of Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Tamara A. Palmer, shall be and hereby is appointed as Associate Municipal Judge in and for the City of Englewood, Colorado, for a term commencing August 5, 2019 and expiring August 4, 2023. ADOPTED AND APPROVED this 5th day of August, 2019. ATTEST: Linda Olson, Mayor __________________________________ 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 2019. _________________________ Stephanie Carlile, City Clerk Page 39 of 252 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Toni Arnoldy DEPARTMENT: Police DATE: August 5, 2019 SUBJECT: Acceptance of CDOT Grant for Traffic Safety Enforcement and Education DESCRIPTION: Acceptance of CDOT Grant for Traffic Safety Enforcement and Education RECOMMENDATION: Staff recommends approval of a Resolution to accept grant funding from the Colorado Department of Transportation to support traffic safety education and enforcement for State of Colorado fiscal years 2019 - 2022. PREVIOUS COUNCIL ACTION: Approval of IGA via Ordinance No. 19, Series of 2012 Approval of IGA via Ordinance No.1, Series of 2014 Approval of IGA via Ordinance No. 51, Series of 2016 SUMMARY: The Colorado Department of Transportation (CDOT) has solicited police departments throughout the State of Colorado, including the Englewood Police Department, to participate in traffic safety education and enforcement programs. Englewood has participated in these specific grant programs since 2012 and we anticipate that the programs will continue through at least 2022. The programs include "Click It or Ticket" and High Visibility Impaired Driving Enforcement. ANALYSIS: As the attached applications indicates, the enforcement activity has a significant effect on the safety of our roadways. In the 2018 cycle, for example, Englewood Police issued 167 DUI tickets. Many other municipalities also participate in these programs, enchancing the educational and awareness benefits throughout the state. FINANCIAL IMPLICATIONS: The amount of funding varies by year. In 2019, we are due to receive $24,000 for the two programs. No matching funds are required. ALTERNATIVES: N/A CONCLUSION: Page 40 of 252 Staff recommends approval of a Resoltuion to accept grant funding from the Colorado Department of Transportation to support traffic safety education and enforcement for State of Colorado fiscal years 2019 - 2022. ATTACHMENTS: Resolution 2019-2020 HVE Application Central Region 2019 CIOT Application Central Region Page 41 of 252 1 RESOLUTION NO. ____ SERIES OF 2019 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF COLORADO DEPARTMENT OF TRANSPORTATION LAW TRAFFIC SAFETY ENFORCEMENT AND EDUCATION GRANTS. WHEREAS, the Colorado Department of Transportation (CDOT) solicits law enforcement agencies throughout the State of Colorado, including the Englewood Police Department, to participate in traffic safety education and enforcement programs; WHEREAS, the funds are both State funds and pass-through Federal funds administered by CDOT and are used to reimburse law enforcement agencies for traffic enforcement and education programs; WHEREAS, over the last nine years the Englewood City Council has approved the acceptance of these funds through the passage of an ordinance, which is no longer necessary due to the way CDOT now distributes the reimbursement; WHEREAS, CDOT often gives little notice when they announce their safety campaigns, the notice of grant monies is done by e-mail; WHEREAS, the passage of this Resolution will authorize the City of Englewood to file for reimbursements from CDOT for various projects related to traffic safety education and enforcement for the 2019, 2020 and 2021 fiscal years; and WHEREAS, no City funds are expended or called for in participating in the various traffic safety education and enforcement projects, and the City is due to receive up to $24,000.00 in reimbursement from CDOT for the two enforcement programs, attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood Police Department is hereby authorized to apply for grants from CDOT for participation in traffic enforcement and education programs that do not require investment of City funds other than in-kind services, all during the years 2019, 2020 and 2021. Section 2. The Englewood Police Department is hereby authorized to apply for reimbursement from CDOT for all grant funds awarded to the City for participation in traffic enforcement and education programs throughout the years 2019, 2020, and 2021, including those grants funds as set forth on “Exhibit A” which is attached hereto and incorporated herein. ADOPTED AND APPROVED this 5th day of August, 2019. Linda Olson, Mayor Page 42 of 252 2 ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution ____, Series of 2019. Stephanie Carlile, City Clerk Page 43 of 252 Phone Number: Phone Number: Phone Number: 2 CRASHES TO 0 JULY 4TH $900.00 69 SUMMER STRIKEOUT $1,700.00 78 STURGIS RALLY $1,300.00 147 LABOR DAY $1,700.00 1 FALL FESTIVALS $3,000.00 1 HALLOWEEN $1,000.00 2 THANKSGIVING $1,700.00 HOLIDAY PARTIES $1,700.00 303-762-2411 Project Coordinator: tarnoldy@englewoodco.gov 303-762-2490 303-762-7439 4. Submit claims on CDOT forms with backup documentation within 45 days after the end of each enforcement period (or as otherwise designated by CDOT) to your region's Law Enforcement Liaison (LEL). 5. Submit an annual report (covering the enforcement campaigns that your agency participated in) on the High Visibility Enforcement report form included in your claim workbook with your final claim. To: Leslie Chase, Law Enforcement Liasion Project Manager lesliechase@state.co.us Phone: 303-512-5003 To apply for consideration of funding, return this form via email no later than: May 20, 2019 Agency: (COMPLETE project coordinator, secondary contact, and budget/finance information is required) Englewood Police Department ST. PATRICK'S SPRING EVENTS MEMORIAL DAY SUMMER BLITZ Sam Watson swatson@englewoodco.gov Budget/Finance: BELOW DATA BASED ON 04/01/18 - 03/31/19 kcassai2englewoodco.gov ENFORCEMENT PERIODS NEW YEAR'S EVE WINTER BLITZ SUPER BOWL Toni Arnoldy Email Address: Kathy Cassai Email Address: Email Address: Secondary Contact: PRESIDENTS WEEK 3. Report your enforcement plans and activity to the CDOT website before the specified deadlines; 2. Utilize only officers who are SFST certified according to Colorado standards; HIGH VISIBILITY IMPAIRED DRIVING ENFORCEMENT JULY 1, 2019 - JUNE 25, 2020 APPLICATION FOR FUNDS CDOT's Office of Transportation Safety (OTS) will provide funding for overtime enforcement of Colorado's impaired driving laws for 16 enforcement periods, consisting of July 4th, Summer Strikeout, Sturgis Rally, Labor Day, Fall Festivals, Halloween Weekend, Thanksgiving Weekend, Holiday Parties, New Year's Eve, Winter Blitz, Super Bowl Weekend, Presidents Week, St. Patrick's Day, Spring Events, Memorial Day, and Summer Blitz. The selection and funding of participating agencies will be based on: • The mission, goals, strategy and objectives of CDOT, • Problem identification data relating to impaired driving caused injury and fatal crashes, and • Statistical analysis of local, state, and federal impaired driving related statistics. TO APPLY FOR FUNDING Your agency agrees to: 1. Provide overtime to officers for enforcement of Colorado's impaired driving laws at checkpoints, saturation patrols, increased patrols, or as dedicated enforcement cars in at least 10 of the 16 enforcement periods; 6. Provide information required to allow payment via EFT as ALL agencies MUST be paid via EFT. $1,000.00 $2,000.00 # OF GRANT FUNDED DUI ARRESTS: # OF AGENCY FUNDED DUI ARRESTS: TOTAL # OF DUI ARRESTS: # OF IMPAIRED DRIVING INJURY CRASHES: # OF IMPAIRED DRIVING FATAL CRASHES: TOTAL # OF IMPAIRED INJ/FATAL CRASHES: $1,400.00 $1,000.00 CRASHES GOAL: BY JUNE 30, 2020, REDUCE THE NUMBER OF INJURY AND FATAL CRASHES CAUSED BY IMPAIRED DRIVERS FROM: $24,000.00TOTAL FUNDING REQUEST $1,400.00 $1,500.00 $1,000.00 $1,700.00 Page 44 of 252 Campaign Goals: February 7, 2019 303-762-2490 303-762-2439 HOURS $ REQUEST 4 $0 45.00 $3,000 67 $0 36 45.00 $3,000 103 TOTAL 6. Submit claims for reimbursement on current CDOT forms with backup documentation within 45 days after the end of each enforcement period, unless required sooner by CDOT. All Colorado agencies are eligible for Statewide May Mobilization enforcement. Allowable Charges: Englewood Police Departmen 1. Pay for overtime enforcement activities at the agency's overtime rate (time and a half), or a maximum flat rate of $50.00 per hour. To apply for enforcement funding, please return this Excel form via email by: Send to: Bruce Sheetz, Law Enforcement Coordinator at: bruce.sheetz@state.co.us DURING CLICK IT OR TICKET 2019 CLICK IT OR TICKET CAMPAIGNS RURAL SPRING, STATEWIDE MAY MOBILIZATION, AND RURAL SUMMER WAVES APPLICATION FOR FUNDS Increase compliance with Colorado's occupant protection and graduated drivers licensing laws (GDL) and increase public awareness of the likelihood of receiving a ticket and suffering serious or fatal injuries for failing to properly use occupant protection systems. TO APPLY FOR THE CAMPAIGNS 1. Provide overtime enforcement of Colorado's child passenger safety, GDL, and adult occupant protection laws through speeding and other aggressive/hazardous driving contacts during authorized time periods; 2. Strictly enforce all child, teen, and adult occupant protection laws with a zero tolerance (no warnings) stance; 3. Enter enforcement plans on CDOT's website, outlining specific enforcement tactics; 4. Report all requested enforcement activity (both overtime funded and regular duty) to the CDOT website by specified deadlines; Your agency agrees to: (Complete project coordinator and secondary contact information are required) Rural funding is offered to all counties other than Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo, and Weld. If you are a police agency in a rural area of one of the above counties, or a sheriff's department that has rural areas in one of these counties and you would like to conduct enforcement, include that information in your email with the application. All counties are eligible for May Mobilization. Allocations will be based on available funds, unbelted fatality rates, compliance rates, and past performance. 5. Provide CDOT with a copy of your agency's current seat belt policy, pasted to the "Seat Belt Policy" tab of this application; Agency: ENFORCEMENT WAVES Project Coordinator:Toni Arnoldy Phone Number: Email Address:tarnoldy@englewoodco.gov Secondary Contact:Sam Watson Phone Number: Email Address:sam Watson@englewoodco.gov UNRESTRAINED FATALATIES IN 2018 SUMMER RURAL - 07/15 - 07/21 OUTSIDE CIOT ENFORCEMENT OCCUPANT PROTECTION CITATIONS IN 2018 ADDRESS AND CONTACT WHERE YOUR PURCHASE ORDER AND REIMBURSEMENT CHECK ARE TO BE SENT: PO BOX/ADDRESS:1000 Englewood parkway ATTENTION:Kathy Cassai EMAIL ADDRESS:kcassai@englewoodco.gov PHONE NUMBER:303-762-2411 MAY MOBILIZATION - 05/20 - 06/02 SPRING RURAL - 03/25 - 03/31 Page 45 of 252 AGENCY SEAT BELT POLICY Englewood Police Departmen Seat Belts 1016.1 PURPOSE AND SCOPE This policy establishes guidelines for the use of seat belts and child restraints. This policy will apply to all members operating or riding in department vehicles. 1016.1.1 DEFINITIONS Definitions related to this policy include: Child restraint system - An infant or child passenger restraint system that meets Federal Motor Vehicle Safety Standards (FMVSS) and Regulations set forth in 49 CFR 571.213 (CRS § 42-4-236). 1016.2 WEARING OF SAFETY RESTRAINTS All members shall wear properly adjusted safety restraints when operating or riding in a seat equipped with restraints, in any vehicle owned, leased or rented by this department while on- or off-duty or when in any privately owned vehicle while on-duty. The member driving such a vehicle shall ensure that all other occupants, including non-members, are also properly restrained (CRS § 42-4-236; CRS § 42-4-237). Exceptions to the requirement to wear safety restraints may be made only in exceptional situations where, due to unusual circumstances, wearing a seat belt would endanger the member or the public. Members must be prepared to justify any deviation from this requirement. 1016.3 TRANSPORTING SUSPECTS, PRISONERS OR ARRESTEES Suspects, prisoners and arrestees should be in a seated position and secured in the rear seat of any department vehicle with a prisoner restraint system or, when a prisoner restraint system is not available, by seat belts provided by the vehicle manufacturer. The prisoner restraint system is not intended to be a substitute for handcuffs or other appendage restraints. Prisoners in leg restraints shall be transported in accordance with the Handcuffing and Restraints Policy. 1016.4 INOPERABLE SEAT BELTS Department vehicles shall not be operated when the seat belt in the driver's position is inoperable. Persons shall not be transported in a seat in which the seat belt is inoperable. Department vehicle seat belts shall not be modified, removed, deactivated or altered in any way, except by the vehicle maintenance and repair staff, who shall do so only with the express authorization of the Chief of Police. Members who discover an inoperable restraint system shall report the defect to the appropriate supervisor. Prompt action will be taken to replace or repair the system. Englewood Police Department Policy Manual Page 46 of 252 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Vance Fender DEPARTMENT: Police DATE: August 5, 2019 SUBJECT: CB 29 - IGA Police Department and Arapahoe County EVOC Course DESCRIPTION: CB 29 - IGA Police Department and Arapahoe County EVOC Course RECOMMENDATION: Staff recommends approval of an ordinance authorizing an Intergovernmental Agreement between the Arapahoe County Sheriff and the City of Englewood for the use of the Arapahoe County Sheriff's Driving Track Facility. PREVIOUS COUNCIL ACTION: There has been no previous council action regarding this Intergovernmental Agreement. SUMMARY: The Englewood Police Department conducts yearly training of it's officers in safe pursuit driving, and pursuit termination, communication while driving, low speed technical driving skills, day and night driving, inclement weather skills, vehicle dynamics and limitations, law enforcement motorcycle certifications, crash investigation training and the most recent approaches to traffic incident management. The Arapahoe County Sheriff's Driving Track Facility is an engineered moderate speed roadway and skill building training site, which replicates the conditions, challenges and obstacles encountered by emergency responders on typical community roadways. ANALYSIS: In order for the Englewood Police Department too utilize the Arapahoe County Sheriff's Driving Track Facility we are required to enter into an Intergovernmental Agreement with Arapahoe County reference it's use. This IGA has been reviewed by the City Attorney's Office and is legally acceptable. FINANCIAL IMPLICATIONS: There is a daily cost associated with the use of the Arapahoe County Sheriff's Driving Track Facility. The 2019 fee for the full day use of the Driving Track Facility is $300. The Police Department typically trains in this discipline five to ten times a year based on the needs of the department. This fee is paid from the Police Department yearly training budget. For 2019 the police department training budget is $40,000. Page 47 of 252 ALTERNATIVES: The alternative is to not use the Arapahoe County Sheriff's Driving Track Facility. CONCLUSION: Staff recommends approval of this ordinance. ATTACHMENTS: Council Bill #29 Arapahoe County Sheriff's Driving Track Facility IGA and Hold Harmless Agreement Page 48 of 252 1 BY AUTHORITY ORDINANCE NO. ___ COUNCIL BILL NO. 29 SERIES 2019 INTRODUCED BY COUNCIL MEMBER ___________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF THE ARAPAHOE COUNTY DRIVING TRACK FACILITY BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY WHEREAS, this Agreement sets forth the requirements for use of the County’s Driving Track Facility, located at the Arapahoe County Fairgrounds and Park; WHEREAS, the Englewood Police Department conducts yearly training of its officers including vehicle and/or public safety training; WHEREAS, Arapahoe County owns the County’s Driving Track Facility; WHEREAS, in order to use the Driving Track the City and Arapahoe County are required to enter into an intergovernmental agreement, as authorized pursuant to Section 29-1-203 C.R.S. and Article XIV, Section 1812(2)(a) of the Colorado Constitution; WHEREAS, the use of the Driving Track provides Englewood Police officers training in safe pursuit driving and pursuit termination, communication while driving, low speed technical driving skills, day and night driving, inclement weather skills, vehicle dynamics and limitations, law enforcement motorcycle certifications, crash investigation training, and the most recent approaches to traffic incident management; WHEREAS, the track is an engineered moderate-speed roadway and skill building training site, which replicates the conditions, challenges, and obstacles encountered by emergency responders on typical community roadways; WHEREAS, the cost associated with the use of the Driving Track is $300.00 per day and will come from the Police Departments training budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Intergovernmental Agreement with Arapahoe County for the use of the Arapahoe County Driving Track Facility at the Arapahoe County Fairgrounds and Regional Park, attached hereto as Attachment 1, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is hereby authorized to sign said Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 5th day of August, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of August, 2019. Page 49 of 252 2 Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of August, 2019 for thirty (30) days. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 5th day of August, 2019. Stephanie Carlile Page 50 of 252 INTERGOVERNMENTAL AGREEMENT USE OF ARAPAHOE COUNTY DRIVING TRACK FACILITY This Intergovernmental Agreement with an effective date of ____, 20___, is entered into by and between the Arapahoe County Sheriff, on behalf of Arapahoe County, Colorado, (hereinafter collectively the “County”) and ____________, (hereinafter the “User Agency”). 1. Purpose The Parties desire to enter into this Agreement for the purpose of establishing terms and conditions whereby the User Agency shall be permitted to use the County’s Driving Track Facility (the “Facility”), located at the Arapahoe County Fairgrounds and Regional Park at 25690 E. Quincy Ave., Aurora, CO, for training of personnel and related activities. 2. Use of the Facility Permissible uses of the Facility by the User Agency shall include driving training for recruit and in-service personnel, both sworn and civilian, and driving training for volunteers, and such other uses as deemed appropriate by mutual written agreement of the Parties. No person shall be allowed to use the Facility unless such person has signed a release and hold harmless agreement on a form acceptable to the County. 3. Authority The Parties are authorized to enter into this Agreement pursuant to Section 29-1-203, C.R.S. and Article XIV, Section 1812(2)(a) of the Colorado Constitution. 4. Duration, Renewal and Termination This Agreement shall continue in full force and effect for an initial term of one year from the date of execution of this Agreement and will automatically be deemed renewed unless written notice of intent not to renew is provided by the non-renewing Party to the other Party no less than 60 days prior to the date of expiration of the initial term. In addition to the non-renewal provisions as set forth herein, this Agreement may be terminated by either Party, with or without cause, upon 30 days notice to the other Party. Within 10 days following termination or non-renewal of this Agreement, the User Agency shall to return any and all property of Arapahoe County and of the Arapahoe County Sheriff’s Office unless otherwise agreed in writing by the Parties. 5. Use Fees and Other Charges The User Agency agrees to pay fees to the County for the use of the Facility pursuant to this Agreement in such amounts as may from time to time be established by the County and incorporated into a written schedule of use fees. The User Agency also agrees to pay for any and all consumable product replacement, repair and/or replacement of Page 1 of 6 Page 51 of 252 property and/or loaned equipment at the Facility that is or may be damaged, destroyed or rendered inoperable as a result of the User Agency’s use of the Facility. Use fees and other charges as provided herein shall be due and payable within 30 days of receipt by the User Agency of the County’s written invoice itemizing said fees and charges. 6. Equipment Requirements Prior to use of the Facility pursuant to this Agreement, the County shall provide to the User Agency a specific written list of supplies and equipment that will be necessary for the User Agency’s personnel to have to properly use the Facility. The User Agency shall obtain all listed equipment and supplies at its own cost prior to its use of the Facility. 7. Supervision and Control All driving instructors and support personnel must be supplied by the User Agency. The User Agency will be required to have a POST certified driving instructor present while driver training is being conducted. The User Agency is required to provide a list of its POST Certified Driving Instructors along with copies of their certifications. The User Agency Driving instructor(s) will ensure the appropriate use of the Facility. The Arapahoe County Sheriff’s Office reserves the right, in its sole discretion, to immediately terminate any use of the Facility if it is determined that such use has resulted or may result in damage to the Facility or if such use otherwise presents a threat to the safety of persons or property. 8. Employment Status and Compensation/Relation of the Parties Each of the Parties shall provide required workers’ compensation insurance, salary, benefits and appropriate equipment for their respective employees. Except as otherwise provided by law the performance of this Agreement, both Parties hereto will be acting in their individual governmental capacities and not as agents, employees, partners, joint ventures, or associates of each other. The employees, agents, or subcontractors of one Party shall not be deemed or construed to be the employees, agents, or subcontractors of the other Party. 9. Compliance with Applicable Laws The Parties to this Agreement shall comply with all applicable provisions of Local, State and Federal laws and regulations. 10. Hold Harmless To the extent allowed by law, the User Agency shall hold harmless the County, its elected and appointed officials, boards, officers, agents, employees and insurers from and against any and all claims, damages, losses, expenses and demands, including court costs, attorney's fees and expenses, due to injuries, losses or damages arising out of, resulting from, or in any manner connected with the use of the Facility or other Page 2 of 6 Page 52 of 252 County facilities, if any such injury, loss or damage is caused in whole or in part by the act, omission, error, mistake, negligence or other fault of an officer, agent, or employee of the User Agency, anyone directly or indirectly employed by the User Agency, or anyone for whose acts the User Agency may be liable; provided, however, that User Agency is not is not obligated to hold harmless the County hereunder for that portion of any claims, damages, losses, demands and expenses arising out of or resulting from any grossly negligent act or omission of the County or its elected or appointed officials, boards, officers, agents or employees. User Agency's obligation hereunder shall not be construed to negate, abridge, or otherwise reduce any other right or obligation to hold harmless which would otherwise exist as to any part or person described in this Section. With respect to any and all claims against the County or any of its elected or appointed officials, boards, officers, employees or agents by any employee of the User Agency or anyone directly or indirectly employed by the User Agency, or anyone for whose acts the User Agency may be liable, the obligation described above shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the User Agency under worker's compensation laws, disability benefits laws, or other employee benefit laws. 11.Insurance In addition to compliance with the provisions as set forth in Section 10 of this Agreement, the User Agency shall obtain and maintain, at its own expense, general liability insurance, and automobile liability insurance coverage in an amount and in such forms as necessary to protect the County, its officials, employees and agents and the User Agency against any and all claims arising from the User Agency’s use of the Facility pursuant to this Agreement including, but not limited to, claims arising from the acts, omissions or negligence of its officers, employees, contractors, invitees or agents against any and all claims arising from injuries or damages, however caused, sustained by any person or persons or to the property of any person or persons or other entities, including the County, occurring during such use. The minimum annual aggregate policy limit for insurance coverage obtained and maintained pursuant to this Section shall be $2,000,000. All policies shall name Arapahoe County and the Arapahoe County Sheriff’s Office as additional insured. All policy forms shall be subject to review and approval of the County. Prior to the effective date of this Agreement, the User Agency shall provide the County with certificates of insurance and such other documents as may be requested by the County in order to confirm the existence and adequacy of the insurance coverage specified herein. The User Agency shall notify the County no fewer than 10 days prior to cancellation or non-renewal of required coverage. The Parties understand and agree that the policy limits or other provision of insurance coverage obtained and maintained pursuant to this Section shall in no way limit the User Agency’s obligations pursuant to this Agreement. 12.Entire Agreement This Agreement constitutes the entire understanding of the Parties with respect to the subject matter thereof. Any amendment or modification of this Agreement shall be Page 3 of 6 Page 53 of 252 made only by a written instrument executed by authorized representatives of the Parties. 13.Severability The Parties agree that should any part of this Agreement be held to be invalid or void, the remainder of the Agreement shall remain in full force and effect and shall be binding upon the Parties. 14.Governing Law, Venue Enforcement This agreement shall be governed by and interpreted according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court in Arapahoe County, Colorado. The Parties agree that the rule that ambiguities in a contract are to be construed against the drafting Party shall not apply to the interpretation of this Agreement. 15. Notices All notices, requests for payment, or other correspondence between the Parties regarding this Agreement shall be mailed or delivered to the respective Parties at the addresses set forth below or at such alternate addresses as may be specified in writing: County User Agency Arapahoe County Sheriff’s Office __________________________ 13101 East Broncos Parkway __________________________ Centennial, Colorado 80112 __________________________ 16.Assignment Neither the County nor the User Agency shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without prior written consent of the other Party. 17.Governmental Immunity Nothing in this Agreement is interpreted to waive the monetary limitations or any other rights, immunities, or protections provided by the Colorado Governmental Immunity Act, Sections 24-10-101, et seq., C.R.S., as amended from time to time (“CGIA”) or otherwise available to the Parties for federal claims. If either the County or the User Agency waives the protection of the CGIA, or any protections available for defense of federal law claims, such waiver shall not without written consent extend to the protections afforded the other; to the extent that such waiver does result in a waiver of the protections afforded the non-waiving Party, the waiving Party shall, to the maximum extent allowed by law, indemnify and hold harmless the non-waiving Party. Page 4 of 6 Page 54 of 252 18.Filing Following execution of this Agreement, the Parties shall comply with all applicable laws concerning filing of this Agreement. Approvals County User Agency By: ________________________________ By:___________________________ Its: ________________________________ Its: ___________________________ Date: ______________________________ Date: _________________________ Page 5 of 6 Page 55 of 252 Determinations of Counsel This Intergovernmental Agreement has been reviewed by the undersigned legal counsel who has determined that this contract is in appropriate form and within the powers and authority granted to _________________________________________ (User Agency) By: ________________________________ Date:_________________________ Name: ______________________________ Counsel for ________________________________________________________ Page 6 of 6 BOARD OF COUNTY COMMISSIONERS ARAPAHOE COUNTY, COLORADO By:___________________________ Nancy Doty Chair, Arapahoe County Board of Commissioners ATTEST: ______________________________ Clerk of the Board Page 56 of 252 Arapahoe County Sheriff’s Office Sheriff’s Driving Track Release and Hold Harmless Agreement I, ________________________________________, (name), the undersigned, on this _____ day of ______________, 20 , in consideration of my being allowed access to and use of the Sheriff’s Driving Track at the Arapahoe County Fairgrounds property, agree as follows: I agree to assume the risks inherent in and related to my use of or pre sence at the Arapahoe County Sheriff’s Driving Track or the Arapahoe County Fairgrounds property, including, but not limited to, any driving or training activities that I participate in at such Track, and agree to release Arapahoe County and the Arapahoe County Sheriff’s Office, their principals, affiliates, sponsors, volunteers, agents, elected and appointed officials, boards, employees, successors and assigns from any and all liability of every kind or nature which includes but is not limited to: 1) any personal injury or death to myself; 2) any damage to my personal property or personal affects; and/or 3) any other loss or damage resulting from the acts or omission of any other person (which includes, but is not limited to, myself, all employees of the Arapahoe County Sheriff’s Office and its affiliates, including all officers employed by the Arapahoe County Sheriff, and persons with whom other employees of the Arapahoe County Sheriff’s Office and its affiliates have contact). I intend this release of liability to cover all situations, which may occur in relation to my use of, or presence at, the Sheriff’s Driving Track. I agree to hold harmless Arapahoe County and the Arapahoe County Sheriff’s Office, and their principals, affiliates, sponsors, volunteers, agents, elected and appointed officials, boards, employees, successors and assigns from any liability in any cause of action in law or equity which may be asserted against any of them for any act or omission arising out of my use of the Arapahoe County Sheriff’s Driving Track, including, but not limited to, any driving or training activities that I participate in at such Track. I agree to act as my own insurer against all hazards and acts of any negligent person, understanding that my personal insurance may not cover the activities in which I participate while using the Sheriff’s Driving Track and as contemplated by this Agreement. I additionally intend to bind my spouse, heirs, legal representatives, assigns, and anyone else who may file any claim upon my behalf. This release shall be deemed to be contractual, and not a mere recital. I agree that should a court of law invalidate any part of this release, that the remaining parts of this release shall remain in full force and effect. I have read this release and I understand what this release means. I indicate my voluntary acceptance of the terms of this release by signing my name below. ________________________________________ __________________________________________ Participant’s Signature Date Entity ________________________________________ __________________________________________ Participant’s Printed Name Your Mailing Address ________________________________________ __________________________________________ Witness Signature Date Your Phone Number Page 57 of 252 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie McKinnon DEPARTMENT: City Clerk's Office DATE: August 5, 2019 SUBJECT: CB 31 - Art Gallery Liquor Permit DESCRIPTION: CB 31 - Art Gallery Liquor Permit RECOMMENDATION: Staff is recommending Council approve a Bill for an Ordinance allowing Liquor Permits for Art Galleries in accordance with C.R.S. 44-3-424 and applicable provisions of the Englewood Municipal Code. PREVIOUS COUNCIL ACTION: On July 1, 2019 a review of the proposed Art Gallery Liquor Permit was discussed at the Study Session. SUMMARY: The City Clerk's office has received many inquires from local art dealers requesting to have alcoholic drinks at their openings. An Art Gallery Liquor Permit allows the gallery to offer complimentary alcoholic beverages for consumption on the premises. The City Clerk's office researched surrounding cities' policies and applications when considering this permit. An Art Gallery obtaining a permit is subject to the same requirements and penalties of the liquor code as other licensees. The Cultural Arts Commission reviewed the proposed Art Gallery Liquor Permit at their May 1st meeting and were very supportive. Surrounding cities that allow Art Gallery Liquor Permits and follow State Statute include: •Arvada •Canyon City •Colorado Springs •Denver •Estes Park •Evergreen •Greenwood Village •Fort Collins •Lafayette •Lakewood Page 58 of 252 •Littleton •Monument •Westminster Englewood Art Gallery's that have expressed in applying for a permit include: • Black Cube • Black Book Gallery • Talk Gallery FINANCIAL IMPLICATIONS: A licensing and application fee will be charged for a Art Gallery Liquor Permit. Staff is recommending a City fee of $100, which will cover the administrative cost of processing. In addition to the City fee, the State fee is $71.25. ATTACHMENTS: Council Bill No. 31 State Statue 44-3-424 Required Documents for Art Gallery Permit State Application Sample License Art Gallery License Memorandum to Cultural Arts Commission Black Cube letter of support The Talk letter of support Black Book Gallery letter of support Page 59 of 252 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 31 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 3A, SECTION 9 AND TITLE 5, CHAPTER 3B, SECTION 8 OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING SPECIAL EVENT, ALCOHOL TASTING, AND ARTS LICENSE PERMITS FOR CONSUMPTION OF BEVERAGES CONTAINING ALCOHOL OR LIQUOR, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, The Colorado State Legislature passed House Bill 18-1025 concerning the nonsubstantive relocation of laws related to the regulation of alcohol beverages from Title 12, Colorado Revised Statutes, to a new Title 44, as part of the organizational recodification of Title 12; and WHEREAS, The Englewood Municipal Code includes statutory citations to State Statutes within its Title 5, Chapter 3, including its Articles A, B, and C, all regarding alcoholic beverages that shall be updated; and WHEREAS, At the study session of July 1, 2019, the City Council reviewed the Arts License as set forth within C.R.S. 44-3-419. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 5, Chapter 3A, Section 9. Title 5, Chapter 3A, Section 9 of the Englewood Municipal Code shall be amended as follows: 5-3A-9: - Special Event, and Alcohol Tasting, and Art Gallery Permits for Consumption of Beverages containing Alcohol or Liquor. A. Special event permits for the consumption of beverages containing alcohol or liquor are hereby authorized within the City in accordance with C.R.S. 12-4844-5-101, et seq. 1. The Authority may grant to an applicant a special event permit in accordance with the Colorado Liquor Code and subject to the limitations as set forth in C.R.S. 12-4844-5-101, et seq., as the same may be amended from time to time. 2. A special event permit under this Section is a permit for the sale, by the drink only, of fermented malt beverages, as defined in C.R.S. 12-4644-4-103, or the sale, by the drink only, of malt, spirituous, or vinous liquors, as defined in C.R.S. 12-4744-3-103, to organizations and political candidates qualifying under C.R.S. 12-4844-5-102, subject to the applicable provisions of and limitations imposed by State law. Page 60 of 252 2 B. Alcohol tastings for the sampling of beverages containing alcohol or liquor are hereby authorized within the City in accordance with C.R.S. 12-47-44-3-301(10). 1. The Authority may grant to a holder of a City of Englewood retail liquor license or liquor-licensed drug store (licensee) an alcohol beverage tastings permit in accordance with the provisions of this Chapter and subject to the limitations as set forth in C.R.S. 12-47-44-3-301(10), as the same may be amended from time to time. 2. Terms applicable to tasting events for beverages containing alcohol or liquor as set forth in C.R.S. 12-47-44-3-301(10) include, but are not limited to: a. Tasting of a beverage containing alcohol or liquor is the sampling of malt, vinous, or spirituous liquors that may occur on the premises of a retail liquor store or liquor-licensed drugstore by patrons twenty-one (21) years of age older pursuant to the terms of a permit authorized in accordance with the provisions of C.R.S. 12-47-44-3-301(10). b. The size of an individual alcohol sample provided at a tasting shall not exceed one (1) ounce of malt or vinous liquor or one-half of one (½) ounce of spirituous liquor. c. Tastings shall not exceed a total of five (5) hours in duration per day, which need not be consecutive. d. Tastings shall be conducted only during the operating hours in which the licensee on whose premises the tastings occur is permitted to sell beverages containing alcohol or liquor and in no case earlier than eleven o'clock (11:00) a.m. or later than seven o'clock (7:00) p.m. e. The licensee shall not serve more than four (4) individual samples to a patron during a tasting. f. Samples of beverages containing alcohol or liquor shall be in open containers and shall be provided to a patron free of charge. C. Art Gallery Permit. A person operating an art gallery that offers complimentary alcohol beverages for consumption only on the premises may be issued an art gallery permit, which shall be renewed annually, all in conformance with C.R.S. 44-3-424. Section 2. Amendment of Title 5, Chapter 3B, Section 8. Title 5, Chapter 3B, Section 8 of the Englewood Municipal Code shall be amended as follows: 5-3B-8: - Special Events, and Alcohol Tasting, and Art Gallery Permit Fees. Special events, and alcohol tasting, and art gallery permit fees shall be set by City Council Resolution and shall be in addition to any fees imposed by the State. Section 3. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not Page 61 of 252 3 exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 5th day of August, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of August, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of August, 2019 for thirty (30) days. Linda Olson, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of August, 2019. Stephanie Carlile Page 62 of 252 44-3-424. Art gallery permit (1) A person operating an art gallery that offers complimentary alcohol beverages for consumption only on the premises may be issued an art gallery permit, which shall be renewed annually. An art gallery permittee shall not, directly or indirectly, sell alcohol beverages by the drink, shall not serve alcohol beverages for more than four hours in any one day, and shall not serve alcohol beverages more than fifteen days per year of licensure. (2) (a) The state or local licensing authority may reject the application for an art gallery permit if the applicant fails to establish that the applicant is able to offer complimentary alcohol beverages without violating this section or creating a public safety risk to the neighborhood. (b) Upon initial application, and for each renewal, the applicant shall list each day that alcohol beverages will be served, which days shall not be changed without a minimum of fifteen days' written notice to the state and local licensing authority. (3) An art gallery shall not be denied an art gallery permit based solely on the art gallery's proximity to any public or private school or the principal campus of a college, university, or seminary. (4) An art gallery shall not charge an entrance fee or a cover charge in connection with offering complimentary alcohol beverages for consumption only on the premises. (5) An art gallery permit may be suspended or revoked in accordance with section 44-3-601 if the permittee violates any provision of this article 3 or any rule adopted pursuant to this article 3 or fails to truthfully furnish any required information in connection with a permit application. (6) It is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in an art gallery permit to conduct, own either in whole or in part, or be directly or indirectly interested in any other business licensed pursuant to this article 3 or article 4 of this title 44; except that a person regulated under this section may have an interest in other art gallery permits; in a license described in section 44-3-401 (1)(j) to (1)(t), (1)(v), or (1)(w), 44-3-412 (1), or 44-4-104 (1)(c); or in a financial institution referred to in section 44-3-308 (4). (7) As used in this section, "art gallery" means an establishment whose primary purpose is to exhibit and offer for sale works of fine art as defined in section 6-15-101 or precious or semiprecious metals or stones as defined in section 18-16-102. (8) An art gallery issued a permit shall not intentionally allow more than two hundred fifty people to be on the premises at one time when alcohol beverages are being served. (9) Nothing in this section shall be construed to abrogate any insurance coverage required by law; to authorize a licensed art gallery to violate section 44-3-901, including, without limitation, serving a visibly intoxicated person and taking an alcohol beverage off the licensed premises; or to violate any zoning or occupancy ordinances or laws. Page 63 of 252 Required Documents for Art Gallery Permit Licensee Name_________________________________ Date_____________ 1. Compete “Art Gallery Permit Application” form. 2. Attach a diagram (8 ½ x 11”), of the premises which accurately reflects the area where alcohol beverages will be stored, served, possesses or consumed 3. Attach a copy of deed or lease in the exact name of the applying entity only, reflecting possession of the permitted area for a least the minimum duration of this permit (1 year from date of issuance). 4. Attach a copy of the completed state-approved server training for Owner/Manager. 5. Submit a check in the amount of $71.25, payable to “Colorado Department of Revenue”. 6. Submit a check in the amount of $100.00, payable to “City of Englewood. 7. Submit application to the City Clerk’s Office, 1000 Englewood Parkway, Englewood, CO 80110 Page 64 of 252 Report And Approval of Local Licensing Authority (City/County) The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the applicable provisions of Title 44, Articles 4 and 3, C.R.S., as amended. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority (City or County) Date filed With Local Authority Signature Title Date Date: From: To: Date: From: To: Date: From: To: Date: From: To: Date: From: To: Date: From: To: Date: From: To: Date: From: To: Date: From: To: Date: From: To: Date: From: To: Date: From: To: Date: From: To: Date: From: To: Date: From: To: Cash Fund2341-100 (999)City2180-100 (999)County2190-100 (999) Do Not Write in this Space - For Department of Revenue use only DR 8443 (10/09/18) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION (303) 205-2300 Art Gallery Permit Application 2341 Art Gallery Permit $71.25 New Renewal 1. Applicant Name (i.e. ABC Gallery Inc.) State Sales Tax Number of Applicant 2. Trade Name of Establishment (DBA) 3. Address Phone Number City County State ZIP Code 4. Mailing Address (Number and Street) City or Town State ZIP Code • Attach a copy of a deed or lease in the exact name of the applying entity only, reflecting possession of the permitted area for at least the minimum duration of this permit (1 year from date of issuance). • Attach a diagram of the premises which accurately reflects the area where alcohol beverages will be stored, served, possessed or consumed. Pursuant to 44-3-424, C.R.S., Applicant hereby states that it qualifies for an Art Gallery Permit, in order to serve complimentary alcohol beverages, and certifies to the State Licensing Authority and Local Licensing Authority: ________________ That it does not sell alcohol beverages by the drink. ________________ That it will not serve alcohol beverages for more than 4 hours in any one day, no more than 15 days per year as follows: Oath of Applicant I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. Signature Title Date Report of State Licensing Authority The foregoing has been examined and complies with the filing requirements of Title 44, Article 3, C.R.S., as amended. Signature Title Date TOTAL Liability Information County City Industry Type License Account Number Liability Date License Issued Through(Expiration Date) FROM TO Page 65 of 252 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW CITY OF ENGLEWOOD CITY CLERK’S OFFICE 1000 ENGLEWOOD PKWY ENGLEWOOD, COLORADO 80 ART GALLERY LIQUOR PERMIT ALCOHOLIC BEVERAGE LICENSE State License No. This license is issued subject to the Laws of the State of Colorado and especially under the provisions of Article 3, of Title 44, Colorado Revised Statutes, as amended and the Ordinances of the City of Englewood, insofar as the same may be applicable ______________________________ Deputy City Clerk, Liquor & Marijuana Licensing Authority ______________________________ City Clerk Fee $100.00 Art Gallery dba Address Type of License TASTING PERMIT Dates: Page 66 of 252 TO: Cultural Arts Commission FROM: Jackie McKinnon, Deputy City Clerk DATE: April 22, 2019 SUBJECT: Art Gallery Liquor License The City Clerk’s Office has had several Art Gallery’s interested in serving drinks at their art exhibit openings and have inquired about different ways to go about this. An Art Gallery License could serve this purpose, however, at this time the City of Englewood does not have such license. There are over 40 cities in Colorado that offer an Art Gallery License. I am currently working with surrounding cities on their process for such a license. Any feedback you may have would be greatly appreciated before I bring this forward to Council in the next couple of months. Please contact me with any questions you may have. Jackie McKinnon, CMC Deputy City Clerk City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Office 303-762-2429 jmckinnon@englewoodco.gov Page 67 of 252 he||o@b|ackcubearl.org blackcutzeamorg A Nomadic Art Museum 18 lnvemess Place East Englewood.CO 50112 O.3u3.7s9.2s54 Subject.Attn: Englewood Gallery Event Permit Jackie Mcxlnnon,cmc Letter of Support Deputy City Clerk Date.June 13,2019 To whom it may concern: As the Executive Director of Black Cube nomadic contemporary art museum based out of Englewood,I am pleased to submit this letter in support for the Gallery Event Permit.The proposed permit would make the event process much more streamlined for nonprofits such as ours.By allowing us to apply annually for a permit that would approve up to 15 events, this would allow our small organization to focus on producing ambitious art experiences and connecting with the community.Furthermore,this permitting process may help incentivize the development of the creative community in Englewood. It is because of this,that the Black Cube is excited to support this initiative,and to promote curious and creative experiences in Englewood for the community and to invite new audiences. Please do not hesitate to contact me should need any further information. I Cqrtne Stell l ' .. Executive Director and Chief Curator Page 68 of 252 To whom it may concern: I am wholeheartedly in support of a new and separate application for the consumption of alcohol specifically targeting galleries. TALK gallery on Broadway would benefit from a new and separate requirement. We are in the promotion of culture and the exchange of ideas and would welcome the cooperation and support from the city a alcohol license would provide. I am available any time for consultation and will not hesitate to make myself available to you. Sincerely, Gordon Mehterian 303-676-8007 Page 69 of 252 Jackie, I have an art gallery in Denver and looking to relocate to Englewood. I would love to have said permit so I can host openings and events with drinks available. Please get back with me to discuss process of obtaining this permit. Thanks so much for your time, Tom Horne Black Book Gallery 303-941-2458 Page 70 of 252 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Lee DEPARTMENT: Parks, Recreation & Library DATE: August 5, 2019 SUBJECT: CB 32 - IGA for Acceptance of Grant Funds for Romans Park Tennis and Playgrounds DESCRIPTION: CB 32 - IGA for Acceptance of Grant Funds for Romans Park Tennis and Playgrounds RECOMMENDATION: Staff recommends that Council approve an intergovernmental agreement (IGA) for acceptance of grant funding for Romans Park Tennis Courts and Playgrounds Replacement. PREVIOUS COUNCIL ACTION: City Council previously approved an Arapahoe County Open Space grant application for Romans Park Tennis and Playground Replacement by the passage of Resolution No. 42, Series of 2019. SUMMARY: The Englewood Parks, Recreation and Library Department has been awarded an Arapahoe County Open Spaces grant to replace and improve both the tennis courts and playgrounds at Romans Park. The existing tennis courts are cracked and damaged to the extent that they are not usable. The playgrounds have outdated and worn play equipment that are not ADA assessible. ANALYSIS: The PRL Department has to primary goals to make improvements utilizing Arapahoe County grant funds for Romans Park. The final goal is to replace the existing asphalt tennis courts with post-tension concrete courts in order to upgrade the tennis facility with safer USTA compliant courts to accommodate both children and adult play. The second goal is to relocate the existing 5 to 12 year old playground next to the existing 2 to 5 year old playground in order to allow parents/guardians to better supervise children in one location. FINANCIAL IMPLICATIONS: The total project cost is estimated at $700,000. A grant of $500,000 has been awarded by Arapahoe County Open Spaces for the project. Matching funds of $200,000 will be taken from the Open Space Fund out of the Grant Matching Funds project account. Funds have been budgeted for this project in the 2019 Open Space Fund. Currently, there is a balance of $539,513.00 in the Grant Matching Funds account. Page 71 of 252 ALTERNATIVES: Without grant funding, the only two available options would be to allocate capital dollars in future years either through regular appropriations or through an alternative funding mechanism. CONCLUSION: Staff recommends moving forward with an IGA for the grant award of $500,000 from Arapahoe County Open Spaces. ATTACHMENTS: Council Bill No. #32 Exhibit A: Romans Park Tennis and Playground Improvements Resolution #42 Page 72 of 252 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 32 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER ________________ AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE, STATE OF COLORADO, PERTAINING TO THE ROMANS PARK TENNIS AND PLAYGROUND IMPROVEMENTS. WHEREAS, in November 2003 and in November 2011, the voters of Arapahoe County approved a county-wide sales and use tax to be deposited in the Arapahoe County Open Space Fund and used for specified Open Space purposes as set forth in County Resolution No. 030381, as amended by Resolution No. 110637 (Open Space Resolution); WHEREAS, the Open Space Resolution authorizes the County to award discretionary grants to municipalities and special districts; WHEREAS, the City of Englewood submitted an application for award of grant funds from the Open Space Sales and Use Tax (“Grant Funds”) to be distributed to municipalities; WHEREAS, the City Council of the City of Englewood authorized the City’s Arapahoe County Open Space Grant Application for Romans Park Tennis & Playground Improvement by the passage of Resolution No. 42, Series 2019; WHEREAS, the City of Englewood has been awarded an Arapahoe County Open Space Program Grant in the amount not to exceed $500,000 for the Romans Park Tennis & Playground Improvement (“Grant Project”), with a City cash match amount of $200,000, for a total of $700,000.00 dollars; WHEREAS, this Ordinance will authorize the Intergovernmental Grant Agreement between the Board of County Commissioners of Arapahoe, State of Colorado for the Romans Park Tennis & Playground Improvement; and WHEREAS, this intergovernmental agreement is authorized by Article XIV, Section 18 of the Colorado Constitution and Colo. Rev. Stat. § 29-1-203. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Grant Agreement between the City of Englewood, Colorado and the Board of County Commissioners of Arapahoe, State of Colorado, for the Romans Park Tennis & Playground Improvement, attached as “Attachment 1”, is hereby accepted and approved by the Englewood City Council along with Exhibit A to Attachment 1 (the Grant application and Resolution No. 42, Series 2019). Page 73 of 252 Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Grant Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 5th day of August, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of August, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of August, 2019 for thirty (30) days. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for Ordinance introduced, read in full, and passed on first reading on the 5th day of August, 2019. Stephanie Carlile Page 74 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 1 Romans Park Tennis and Playground Improvements 2019 Standard and Small Grant Application City of Englewood Mr Dave Lee M: 720-884-7808 Mr Dave Lee 1000 Englewood Parkway #305 Englewood, CO 80110 dlee@englewoodco.gov O: 303-762-2687 M: 720-884-7808 Page 75 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 2 Application Form Application Summary Primary Contact Information* Please provide information for the primary contact for this project in the following format. Agency: Name: Title: Telephone: Email: City of Englewood Mr. Dave Lee Open Space Manager-Interim Parks and Recreation Director 303-762-2687 dlee@englewoodco.gov Grant Category* Select One: Standard Grant: $100,001 - $500,000, requiring a minimum of 25% total project cost cash match Small Grant: $1,000 - $100,000, requiring a minimum of 10% total project cost cash match Standard Grant Project Type* Select One: Trail Project: Trail/trailhead construction or improvement, including stream/road crossings and trailhead amenities (such as parking or shelters) Site Improvement Project: New construction, improvement, repair, or replacement of outdoor recreation facilities or amenities (such as playgrounds, shelters, sports fields, restrooms, or interior trail connections) Environmental/Cultural Education Project: Eligible projects include outreach materials (such as printed materials, video, or displays), installations (such as signage), or associated outdoor amenities (such as shelters or native landscaping) Acquisition Project: Eligible projects include fee simple acquisition of land for public open space, parks, or trails; or acquisition of a trail or conservation easement. Additional application materials are required. Other Project: Other allowable projects include stream/habitat restoration, natural re-vegetation, and water quality improvement Site Improvement Project Page 76 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 3 Project Title* Romans Park Tennis and Playground Improvements Project Address* 1700 East Floyd Avenue, Englewood, CO 80113 Project Location* Select a Jurisdiction or Unincorporated Arapahoe County: Englewood GPS Coordinates (Latitude in Decimal Degrees)* Example: Dove Valley Regional Park Latitude: 39.577303 39.392300N GPS Coordinates (Longitude in Decimal Degrees)* Example: Dove Valley Regional Park Longitude: -104.828850 104.580000W Grant Request Amount* $500,000.00 Cash Match Amount* $200,000.00 Total Project Amount* Total project amount includes grant request and cash match only. Please do not include in-kind match. $700,000.00 Cash Match Percentage* Calculate cash match as % of total project cost. Page 77 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 4 28 Project Partners List partner agencies if applicable. United States Tennis Association, USTA (application in process) Executive Summary* Highlight key points of your proposal, such as project description, goals, need, partnerships, deliverables, etc. Romans Park is a City of Englewood neighborhood park and has a total of 4.6 acres. The total population of the surrounding four Census Block Groups is 6,138, with 1,429 children under the age of 18. The houses in this neighborhood are small, single family bungalows approximately 1000-1600 SF and built in the 1950’s, there are also several multi-family apartment buildings that border the park on the south side. Median household incomes vary greatly between the western Census Block Groups and the eastern Census Block Groups. The center section of the park includes a small covered picnic area, two playgrounds, a public restroom, basketball court, and 4 tennis courts, with 2 large rectangular grassy areas both east and west of this central section. The east end of the park has a natural rock fountain waterfall and numerous mushroom cement sculptures that are used for seating. The west side of the park has a large grassy area that is currently used as an on-leash dog area. The park is heavily used by local neighbors, surrounding communities, school sports programs and Arapahoe County residents for a wide range of uses. Most park visitors live within one-half mile walking distance of the park. In addition, several groups such as the Friends of Englewood Parks, Pirate Youth Sports Program, Charles Hay World Elementary School and St. Mary’s Academy would like to utilize the park amenities for tennis, soccer, recreational and educational programs. The City of Englewood has two primary goals to make improvements utilizing Arapahoe County Grant Funds to the Romans Park. The 1st goal is total replacement of the existing damaged tennis courts. The existing tennis courts have multiple cracks, low spots and peeling surfaces. They have been used by both residents and school groups in the past, however, are largely unused by the community due to the poor conditions and have been recently closed. The new design of the courts will comply with the United States Tennis Association (USTA) facility guidelines for providing adequate distance between each court to comply with safety guidelines. The existing tennis facility holds four (4) tennis courts that are not in compliance with these guidelines. Due to the new requirements the new design includes three (3) tennis courts with required spacing distance between courts and court lines will be painted to accommodate both children and adults. The 2nd goal is to upgrade and replace the playground equipment and relocate the existing 5-12-year-old play area in adjacent proximity to the 2-5-year-old play area. This relocation will be safer and more convenient for child caretakers to supervise children. Both new playgrounds will be updated with American Society Testing and Materials (ASTM) new and safer equipment and materials that will also be surrounded by American Disabilities Act (ADA) compliant walkways. This Romans Park renovation project aims to improve community resources by providing newly designed and constructed tennis courts and a new, collocated, accessible neighborhood playground for all ages. The City of Englewood has secured $200,000 in matching funds, 28.5% of the $700,000 total project budget for the tennis courts and playground improvements. We do not want to miss this opportunity. The Page 78 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 5 current state of both the playgrounds is poor and all 4 tennis courts are damaged and determined unsafe for continuous use. Postponement of this project would impact the residents and neighboring communities by limiting their recreational and outdoor needs. The City of Englewood is also pursuing some limited Grant funding from the United States Tennis Association (USTA) in the amount of $20,000. This amount would be applied for additional amenities to include two (2) large covered tennis benches and any price increases for post tension concrete. Minimum Qualifications and Eligibility Question 1* Is the applicant in good standing with Arapahoe County Open Spaces? Discuss recent performance (past five years) and list all open Arapahoe County Open Space grants. List any other applications your agency is submitting in this grant cycle. The applicant is in good standing with the Arapahoe County Open Space (ACOS) Department. For the past five years, the applicant has provided the required progress and final reporting documents per the grant agreement according to the time schedule. The applicant has two open projects with Arapahoe County including: River Run Phase III and the Jason Park Playground Replacement. The projects are on track for being completed within the designated time frame and within the approved budgets. There are no outstanding funds or required documentation specific to Arapahoe County Open Space Grants. The applicant will be submitting 1 ACOS grant proposal this cycle for a Standard Grant. Question 2* How does this project align with the Arapahoe County Open Space Master Plan, Arapahoe County Bicycle and Pedestrian Master Plan, an agency master plan, or other approved planning documents? The ACOS Master Plan provides a 100-year vision, 25-year master plan and 5-year action plan for implementing the purpose and goals of the program. The vision states that the County will be forward thinking, understand and embrace the open space, park and trail needs of the current residents, and define a harmonious relationship between people and nature in the County for future generations. The Mission and Purpose Statement proposes to maintain and improve neighborhood parks in the study area of the Master Plan including the City of Englewood. Goal #OS 1.2 establishes level of service standards for parks and trail in growth areas policy. The Arapahoe County Bike and Pedestrian Master Plan was adopted in 2017. One of the County’s goals is to increase biking and walking activity, and a connected and comfortable network is critical to achieving this goal. The bicycle lanes and bus stop on Floyd Avenue encourage multi-modal transportation and support continued growth and utilization of Roman Park amenities. The City of Englewood’s 2017 Park and Recreation Master Plan goal is to provide nearby recreation and leisure opportunities within walking distance (one-half mile) of residential areas which will be met by completing this project. The City's Action Plan also lists Romans Park as a priority for construction improvements due to the aging condition of the equipment. Page 79 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 6 This ACOS Grant proposal is in alignment with all the goals in the Master Plans noted above. Question 3* Describe how this project addresses specific objectives in the Arapahoe County Open Space Resolution #030381/#110637. The resolution is available on the Open Space website. The tennis courts and playground replacement project at Romans Park in Englewood addresses the specific objectives set forth in the Arapahoe County Open Space Resolutions #030380 and #110637 by providing, maintaining and improving neighborhood parks per Section VIII.C.3.D. The proposed project and applicant meet the current objectives of the Arapahoe County Open Space Resolution #110637 adopted 12/5/11. Specifically, this project meets the approved ballot element identified including: - Provide, maintain and improve neighborhood parks, open space, sports fields, picnic facilities and biking, walking and multi-use trails; Construction of the Romans Park Tennis Courts and Playground Improvement Project meets this fundamental need. This project will enhance an under-served neighborhood by providing a common location to gather around a newly completed playground and tennis court facility. Improvements made by this project will enhance the outdoor experience while encouraging youth and their families to spend more time outdoors. Certification and Authorized Signature Form* Please attach completed Certification and Authorized Signature Form as a PDF document. Form must be signed by highest authority in agency or authorized individual. Required forms are available on the Open Space website. Please name your file as follows: Applicant_SignatureForm.pdf CityofEnglewood_SignatureForm.pdf.pdf Project Timeline Project Timeline Form* Please attach completed Project Timeline Form as a PDF document. Required forms are available on the Open Space website. Please name your file as follows: Applicant_TimelineForm.pdf CityofEnglewood_Timeline.pdf Page 80 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 7 Project Budget Budget Narrative* Provide a clear and concise budget narrative. Include details about expenses in each budget category, justification for any unusual line items, and an explanation of how you arrived at these estimates. Include amounts and sources of cash/in-kind match. The total project budget is $700,000 and this grant proposal is requesting $500,000 from the Arapahoe County Open Spaces grant program. The City of Englewood has committed and secured $200,000 reflecting a 28.5% cash match using ACOS Share back funds. We will be responsible for any overages in the project costs. The City of Englewood is also seeking up to $20,000 of Category III Funds from the United States Tennis Association, as an additional funding partner, however this application process has not yet been finalized. The line item project costs included were calculated March 2019. With Englewood’s long history of constructing, updating and maintaining park amenities, these budget numbers are guaranteed. • Demolition and Erosion Control- $58,000: Includes mobilization, erosion control, temporary fencing, removal of: equipment, edging materials, tennis courts and walkways • Landscape & Grading - $29,300: Includes soils, cuts, fills, grading and sod • Site Improvements – $316,200: Includes Tennis Courts, and playground curb/boulders, wood fiber mulch, Dumor benches, concrete walkway/retaining wall • Playground Equipment - $277,800: 2-5 year play equipment and 5-12 year play equipment • Irrigation - $18,700: Spray system restoration • Total estimated cost - $700,000 The costs reflected above have been reviewed by the planning team, project partners and design team. The costs identified represent extremely competitive costs for this type of project. Budget Forms* Please attach completed Summary Budget Form and Detailed Expense Budget Form as a single PDF document. Required forms are available on the Open Space website. Please name your file as follows: Applicant_BudgetForms.pdf CityofEnglewood_BudgetForms.pdf Project Narrative Question 1* Describe the project goals, scope, expected results, and deliverables. Describe project elements, including useful life. Discuss the current condition of the project site and what improvements are proposed. Discuss how this project improves access to the outdoors, connectivity, and/or educational opportunities. The City of Englewood, Parks and Recreation Division has hired the firm, Goodbee & Associates, Inc. to provide a site assessment, design drawings/specifications, and estimating services to address the needs to renovate the tennis courts and playgrounds. Page 81 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 8 The City of Englewood has two primary goals to make improvements utilizing Arapahoe County Grant Funds to the Romans Park. 1. Tennis Courts: The 1st goal is total replacement of the existing damaged tennis courts and upgrade the tennis court area to be safer and compliant with United States Tennis Association (USTA) Guidelines to accommodate both children and adults. The existing tennis courts have multiple cracks, low spots and peeling surfaces. They have been used by both residents and school groups in the past, however, are largely unused by the community due to the poor conditions and have been recently closed due to safety concerns. The 1st goal will replace damaged tennis courts with functional post tension concrete that will last up to 7 times longer than asphalt courts, have a more controlled slope for drainage, less potential liability from structural cracking and increased resistance to settling and/or heaving. This type of court may be constructed over existing courts with less major excavation and transporting of material. (Less waste/pollution). 2. Playgrounds: The 2nd goal is to relocate the existing 5-12-year-old play area in adjacent proximity to the 2-5-year-old play area. This relocation will be safer and more convenient for child caretakers to supervise children. Both new playgrounds will be updated with American Society Testing and Materials (ASTM) new and safer equipment and materials that will also be surrounded by American Disabilities Act (ADA) compliant walkways. The existing facilities consist of two play pits approximately 7750 S.F. Both play pits contain pea gravel surfaces that are not compliant with ASTM safety standards. The 5 to 12 area contains 2 aging structures and a swing set. The 2 to 5 area contains a climbing wall, a see saw, 2 spring animals and a swing, which do not provide ADA accessibility. Paint is peeling on the play structures, see saw and swings and the slides have cracked and peeling plastic. Both playground pits are surrounded by wood timbers that are splintered and uncomfortable to sit on. There is currently no ADA compliant access route to the playgrounds. Currently, the two play areas are separated by a restroom building. For parents and caretakers with children of both age groups, they cannot monitor both play areas at the same time. There is a considerable amount of wasted play area space. The 2nd goal provides for an updated accessible children’s playground that is currently not accessible from a sidewalk, play surfacing or equipment standpoint. The playground elements will provide improvements in three key areas: 1. A 6’ accessible route concrete sidewalk will be constructed up to the play pit areas. The slope of the walk will not exceed 4.5%. An ADA access ramp will also be provided for entrance into each play pit. 2. The play pits will receive an ADA compliant surface material of wood fiber. 3. New ADA accessible equipment will be provided for both the 2-5 and 5-12 age groups. • The 2-5 age group will have 1 accessible play structure (with 6 play events – 3 elevated and 3 ground) and includes 2 more accessible ground play events and 2 swings. • The 5-12 age group will have 1 accessible play structure (with 9 play events – 5 elevated and 4 ground), 1 net climber, an accessible spinner, see saw and 4 swings, 1 of which will be accessible. Useful Life: This Romans Park renovation project aims to improve community resources by providing newly designed and constructed tennis courts and a new, collocated, accessible neighborhood playground for all ages. The useful life of the proposed elements are as follows: Tennis Courts – Lifetime on concrete, 10 years on surfacing; Playground & Equipment – 15 years with routine maintenance; and Walkways & Retaining walls – 20 to 40 years. Page 82 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 9 Sustainability/Recycled Materials: Playground surfacing material is made from 100% recycled materials. Soils excavated for new play pits will be utilized on site in fill areas needed for access route and smoothing out slope transition between 2 to 5 play pit and tennis court removal. Proposed benches are made from the highest percentage of post-consumer and post-industrial content steel. The project will be designed to provide updated, accessible children’s playgrounds with minimal existing vegetation removal. Some existing play equipment will be removed, reconditioned and placed in other city locations. Additionally, some designated metal play equipment will be repurposed as art for future projects. Several mature shade trees that surround the Project Site will require tree protection fencing during construction and will provide long-term shade for the new playground. The City will provide ongoing park and playground maintenance. Accessibility: The proposed project will improve access to the outdoors, connectivity, and/or educational opportunities. The City’s goal to provide nearby recreation and leisure opportunities within walking distance (one-half mile) of residential areas will be met by completing this project. Multi-modal transportation allows connectivity to schools and neighborhoods along Floyd Avenue at Romans Park. There is a Bicycle Route on Floyd Ave and a School Bus Stop at the intersection right in front of Romans Park. Charles Hays World Elementary School is located nearby where many neighborhood children attend, thus allowing for after school educational programs. Importantly, we will meet the City’s goal to provide a common area for neighbors of all ages to gather, socialize and play; interactive play equipment; ADA accessible trails; and shaded areas for picnics and sitting once this project is completed. Question 2* Describe the community/neighborhood and user groups the project will serve. Discuss the type of users (children, families, seniors, sports leagues, etc.), and estimate the number of users that will benefit annually. How did you arrive at this estimate? Include up to five community support letters in the Attachments section. Romans Park is a City of Englewood neighborhood park and has a total of 4.6 acres. This neighborhood has historically represented a lower income level within Englewood and now includes four Census Block Groups within a quarter mile of Romans Park. The total population of the surrounding four Census Block Groups is 6,138, with 1,429 children under the age of 18. Most houses in this neighborhood are small, single family bungalows approximately 1000-1600 SF and built in the 1950’s; there are also several multi-family apartment buildings that border the park on the south side. Median household incomes vary greatly between the western Census Block Groups and the eastern Census Block Groups. The median household incomes for the western Census Block Groups are $27,805 and $50,555, while the eastern Census Block Groups have higher than average median household incomes than for the City of Englewood as a whole. There is a significant percentage of persons living in female headed households within the four Census Block Groups (33.3%). A significant percentage of the total population of the four Census Blocks Districts is of Hispanic origin. The Denver Regional Council of Governments has designated parts of the Romans Park as Environmental Justice Zones due to significant minority populations and low incomes. Charles Hay World School serves the educational needs of Romans Park. The population of Charles Hay World School is 60.7% white and 29.8% Hispanic. The percentage of students receiving free or discounted lunches is 55.7%. Park users include families, children, young adults, adults and seniors that might be running, walking, playing, dog walking, relaxing, and simply enjoying being outdoors within an urban environment. Most park visitors live within one-half mile walking distance of the park. Page 83 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 10 Today, you might see youth playing basketball on the court and trying to play soccer in the grassy areas; children ages 2 to 12 years playing on the playground; visitors of all ages stretching and relaxing on the green open space; friends playing a friendly game of basketball; and guests of all ages seeking a place to sit and relax under the notorious "Mushroom Sculptures" and the small covered shelter next to the playground. The proposed playground replacement will be predominately visited by children ages 2 to 12 and their parents, friends, caregivers, grandparents and neighbors. We anticipate these visitors being the primary users of the new playground equipment. Support letters have been gathered from several organizations. Pirates Youth Sports will be utilizing the park on the west side for young elementary age soccer, another possibility is usage for tennis day camps. St. Mary’s Academy has stated their interest in renting the Tennis Courts for their Middle School program. The local elementary school, Charles Hay World School has supported the improvements needed to support the after-school youth sports programs and recreational needs. The Friends of Englewood Parks stated Romans Park is an area where young families with children seek to visit the playgrounds with their children. Thus, Roman Park could be easily programmed up to 3 days per week on a steady basis for children ages 6-18. Additionally, adults and senior citizen programs in Tennis and Pickleball are growing rapidly and this location is convenient and would be highly sought after for tennis practice, competitive games and drop in usage. Englewood Parks and Recreation Department estimates 300 children and youth players visit the park monthly for programmed sports as mentioned above. In addition, based on similar park size and amenities activity usage is approximately 1000 monthly users, or 15,000 annual users including siblings, family members, and neighbors attending the sport events, will benefit from the new playground equipment and tennis courts. Most current United States Census Block reports and City of Englewood Parks and Recreation 2017 Master Plan data support these estimates. In addition to the programmed groups, the City could be positioned to receive athletic field/tennis court rental fees for school team practices, day camps, USTA matches and athletic events. Question 3* Discuss the need and urgency for this project. Was the project prioritized in a master plan or other planning document? Is this part of a multiphased project? What opportunities will be lost if this project is not funded now? The need and urgency for new tennis courts and playground equipment is high. The tennis courts are badly cracked and have uneven surfaces. The courts are currently closed due to safety conditions. The playground has not had any improvements for over 25 years. The playground equipment is outdated and not ADA compliant. It is important to demonstrate to the community that the City of Englewood is willing to invest the ACOS Funds in this neighborhood to improve safety conditions and offer a place where residents can enjoy outdoor recreational and educational activities. As the number of residents in the community and interest in playing outdoors increase, the immediate priority is to improve the existing parks to support additional use. Many of Englewood’s older parks like Romans Park need upgrades or enhancements to meet current recreational, aesthetic and safety needs and trends, and increase residents' satisfaction levels. Renovating Romans Park is currently identified as a priority in the City's 2017 Master Plan. According to Real Estate demographics, the neighborhood surrounding Romans Park is experiencing a large increase in turnover, as many homes are selling, and new younger families are moving into the neighborhood. Page 84 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 11 The City’s priorities, based on the Parks and Recreation Master Plan (2017), support system-wide enhancements at most parks to include playground upgrades, shelters, open space and natural areas, where not already completed; integration of imaginative play and unique play features; and, ADA compliant walkways, curbs, and restrooms. The proposed components of this project meet this priority. This grant request meets a significant portion of the recommendations outlined in the updated 2017 City’s Master Plan for Romans Park by replacing the tennis courts, expanding the small playground, replacing old playground equipment, and adding new accessible walkways. A 2nd phase plan includes adding a smaller youth sized soccer field to the Park’s west side grassy area. This would meet another Master Plan goal to develop more athletic field space. The Pirate Youth Sports program has made a request to utilize the west side grassy area as a small soccer field for young elementary age children. Also, included in the 2nd Phase would be demolishing the old restrooms and constructing new ADA accessible restrooms, adding a larger covered pavilion, providing maintenance to art sculptures and updating additional walkways within Romans Park. The City of Englewood plans on applying for additional ACOS grant funding in 2020 for these improvements. According to the 2017 Master Plan, nearly 40% of Englewood’s residents polled were not satisfied with the community’s park playgrounds. Our assessment is that this poor/fair rating is due to the age, conditions, inaccessibility and unappealing older playgrounds. Romans Park has one of these older playgrounds. In addition, the Friends of Englewood Parks (FEP), a citizen formed committee, has made several presentations to the City of Englewood during City Council meetings. This committee did extensive research noting the local demographics that surround Romans Park. The presentation states the park is surrounded by 3 apartment complexes, and hundreds of smaller homes, with many new families moving into the area. There is a school bus stop along Floyd Ave in front of the park and committee members witnessed 20-40 people after school visiting the park. Many photos of park equipment were taken, and conditions were accessed and noted in their presentation to City Council. FEP conducted a local survey and gained 100% support, from 50 community members polled, to renovate the park due to public concerns. In subsequent meetings, the FEP committee continued to make requests to the City Council to seek additional ACOS Grant funding for needed improvements to Romans Park. The City of Englewood has made a commitment to the FEP committee and is seeking ACOS Grant money to renovate Romans Park. The City has secured $200,000 in matching funds and is applying for a $20,000 USTA Grant for additional funding for this Romans Park project. However, if this project is delayed, due to non-funding of this ACOS Grant, the City does not have enough funds in the current budget to complete this project. We do not want to miss this opportunity as this would impact the neighboring communities by limiting their recreational and outdoor needs. There is always potential for development costs to rise so we would like to secure current costs. This project is designed, estimated and ready to go with the goal to begin construction in March 2020 and complete the project within six months. Question 4* Summarize any planning completed prior to submitting this grant proposal. Is design and engineering complete? Does the project necessitate a zoning change? List any permits or approvals that need to be obtained (county or city planning, stormwater, federal 404 permit, etc.) and their status. If applicable, include eligible planning costs in the match section of the Detailed Expense Budget Form (costs must be incurred within 90 days of application submission and pre-approved by grants program staff) and include proof of any such expense in the Attachments section. Page 85 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 12 The City hired a design consultant from Goodbee & Associates, LLC, a Landscape Architect and Environmental Services Firm, to conduct a site assessment, provide drawings, specifications and obtain estimates associated with the Romans Park Tennis, Playground and Soccer field improvements. The plan includes site work, demolition, purchase and installation of all equipment, landscaping, grading, planting, irrigation and walkways. The 2017 City Master Plan has guided the process of ensuring all issues and needs are addressed with upgrading the aging park to meet current design and accessibility standards. The City is not requesting the reimbursement of any planning costs that have been incurred. The Design plan is 100% complete and does not require a zoning change. This park lies within a flood retention zone and the permits identified to meet all City and County requirements are as follows: Building Permit, Grading Permit and Stormwater Drainage Permits with estimated costs of $2500 that are included in construction costs. Question 5* Describe how the project will be completed within the required two year timeframe. Discuss the agency's capacity to complete the project, including project management, resources, and experience implementing similar projects. The City retained Goodbee & Associates, Inc. as a Landscape Architect, and Environmental Consultant to perform a site assessment and design a plan for new tennis courts, playgrounds and walkways. The consultant will also perform site visits and oversee construction. The Romans Park Design, Budget and Timeline is complete and has been approved by the City Council as attached. The playground project will need to bid out as designated by the City’s policy and charter, the bidding process is planned for Fall 2019. The timeline includes 6 months for the solicitation of vendors, project bidding, City Council approval, ordering materials, and site preparation. Project Management will be assigned internally by the City’s Parks and Recreation Department to an experienced design/construction project manager to oversee all contractors, including the consultant, Goodbee & Associates, Inc. We anticipate the construction period will take a minimum of 6 months to regrade and construct the playgrounds and tennis courts. We anticipate completing the project by September 2020. Our past ACOS projects include Jason Park Playground, Rotolo Park Playground, Northwest Greenbelt Playground and Belleview Park Improvements have all successfully adhered to the proposed schedule and budget. The City has demonstrated its capacity to follow timelines and complete projects on schedule and within budget for the past several decades. Question 6* Summarize any efforts to obtain public input, disseminate information to the public, develop partnerships, and garner community support for this project. Evidence of a transparent public process will be required. List the stakeholders that are involved. Discuss any known or anticipated opposition to this project and how this will be addressed. If applicable, include letters, petitions, or other documents evidencing opposition in the Attachments section. The Friends of Englewood Parks (FEP) committee held a public meeting on September 15, 2018 after presenting their concerns about the aging Romans Park at the City of Englewood Council meeting. Page 86 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 13 FEP co-founders, Jessica Dory and Stephen Ward led an initiative to conduct a current assessment of Roman’s Park. The assessment included: • Photographs of current conditions of playgrounds, tennis courts, benches and walkways • Recording observations of number of daily visitors • Comparable analysis of other cities and their park budgets • Market research of available sustainable playground equipment • Survey results of neighborhood community members FEP provided their findings with a Power Point presentation at a City Council meeting. FEP surveyed 50 residents and gained 100% support to petition the City Council to seek additional Grant funding to renovate the aging Romans Park infrastructure. Attached are subsequent newspaper articles from the Englewood Herald dated 9/12/2018 and 9/22/2018 reporting on the efforts of the FEP. There is no known opposition to this project. Question 7* How much of your planned cash match is secured? If applicable, what are your plans for securing additional funds? Describe cash and in-kind match partnerships established for this project. Include partner support letters in the Attachments section and include cash match from partners on the Budget Forms. Grant recipients are responsible for project cost overruns. The cash match of $200,000 (28.5% of total project cost) is fully secured for this project using ACOS Share Back funds. This project will not need to raise funds to secure the match. Englewood fully understands that all overruns are the responsibility of the City. The City is also pursuing another grant partnership with the United States Tennis Association (USTA) for a Capital III level grant of $20,000. These proposed partner funds would supplement the City’s cash match commitment. If awarded, these funds will support an additional amenity for two large covered tennis benches and supplement any price increase for post tension concrete. Support Letters have been received from the following organizations: • Friends of Englewood Parks • Charles Hay World Elementary School • Pirate Youth Sports • St. Mary’s Academy • Local Romans Park neighborhood citizen-Emily Grace Gonzales The City has demonstrated its capacity to follow timelines and complete projects on schedule and within budget for the past several decades. The costs reflected in the budget have been reviewed by the planning team, project partners and design team. The costs identified represent extremely competitive costs for this type of project and the City fully understands they are responsible for any project cost overruns. Question 8* Describe any scenic, historic, or cultural values associated with the project site. Will they be preserved or restored? Discuss specific natural resources at the site (habitat, water, wildlife, vegetation, etc.) and impacts to these resources as a result of this project. If applicable, discuss environmental sustainability benefits of this project (such as energy or water conservation, water quality improvement, etc.). Page 87 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 14 The Romans Park Tennis Courts and Playground Improvement project will result in little or no impact to the natural resources in the area since there are no native ecosystems that will be impacted by this project; no mitigation is required. Predominant wildlife species include red fox squirrel, rabbit, skunk, raccoon, red fox, coyote and various bird species typical in the urban/suburban setting. This park is unique because the community has requested the City to repurpose several existing playground structures in some capacity. This park has been visited by multiple generations throughout the years and the area residents have a cultural connection to the existing features of playground equipment, although the equipment is extremely well worn and do not meet ADA or safety standards. To meet the community’s request to preserve specific historic playground elements, the Englewood Cultural Arts Commission voted to have the City’s Facilities team remove, and store identified metal playground equipment for later usage. The City anticipates these recycled design elements will be recreated to provide art and functionality, enhancing future park projects. Question 9* Discuss ownership and legal access at the proposed project site. Detail any third-party rights, easements, or other encumbrances that exist. Provide supporting documentation showing ownership, legal access, and/or permission from landowner in the Attachments section. The City of Englewood owns the property designated for the proposed project. During construction, the crews will not need to access any other land/property owner for right of way. All construction access will be on the City of Englewood’s property. The project site is maintained as open space/park land. See attachments for Legal Deed of ownership document. Question 10* Describe long-term plans for maintaining the project. Who will be responsible for maintenance? Estimate annual costs to maintain the project site, and explain how maintaining the site will affect your agency’s budget. The City of Englewood will manage the complete and long-term maintenance of the playgrounds and tennis facility including litter control and vandalism repairs. Since this project is for new equipment and construction, there will be minimal maintenance. The primary maintenance needs for this project will include trash pickup, graffiti removal, and spreading/adding wood fiber annually. The City budgets for maintenance of this park (and all parks) annually and will continue to do so. If the project is funded there are not any budget increases anticipated to maintain the playground or tennis courts, and this budget has been approved by City Council. The City of Englewood has demonstrated their stewardship of the parks, playgrounds and open spaces throughout the years. We will continue to follow the high-quality maintenance plan currently provided with this project. Page 88 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 15 Question 11* Describe how this project will address inclusivity per Americans with Disabilities Act guidelines. The Romans Park Tennis Courts and Playground Improvement project includes designs to fully comply with current ADA Guidelines. The playground will include ADA accessible play equipment (swings and play structures) to meet all guest play needs. The proposed engineered wood fiber playground surface has high impact absorbing qualities yet firm, slip resistant surface that meets accessibility guidelines. The design provides for an updated accessible children’s playground that is currently not accessible from a sidewalk, play surfacing or equipment standpoint. The Project will provide improvements in three key areas: 1. A 6’ accessible route concrete sidewalk will be made up to the play pit areas. The slope of the walk will not exceed 4.5%. An ADA access ramp will also be provided for entrance into each play pit. 2. The play pits will receive an ADA compliant surface material containing engineered wood fiber. 3. New ADA accessible equipment will be provided for both the 2-5 and 5-12 age groups. • The 2-5 age group will have 1 accessible play structure (with 6 play events – 3 elevated and 3 ground). In addition, this area will include 2 more accessible ground play events and 2 swings. • The 5-12 age group will have 1 accessible play structure (with 9 play events – 5 elevated and 4 ground), 1 net climber, an accessible spinner, see saw and 4 swings, 1 of which will be accessible. Inclusivity per the Americans with Disabilities Act: A primary focus of this improvement project is to ensure children with disabilities are generally able to access the diversity of play components at Romans Park. The new play pits and equipment will meet both ADA surface requirements and ASTM safety standards. ADA wear mats will also be installed under all swings, slides, and poles. To this end, several guidelines have been specifically addressed: 1. A concrete sidewalk and ramp to provide access to the play areas. Sidewalk slope is 4% for approximately 75 feet. 2. Two (2) play pits are provided, to separate age groups for compliance. 3. All play equipment has an accessible route. 4. Based upon the number of elevated play components (8 provided), we meet the minimum number of different types of ground level play components required (7 provided). Question 12* If successful in obtaining this grant, how will the agency use this project to inform citizens about the value of the Arapahoe County Open Space Sales and Use Tax? Discuss plans for public outreach, signage, celebration, dedication, etc. The City of Englewood will partner with Arapahoe County on all media releases, articles and stories relevant to the Romans Park Tennis Courts and Playground Improvement project. Press releases will emphasize the two funding streams that ACOS provides, the 2019 Grant Award and the annual Shareback Funding, and seek to promote ACOS in the Englewood Herald newspaper and additional local community publications. Information will also be shared via the City’s website and in the Englewood Citizens Newsletter, which the City distributes to all Englewood households. An Arapahoe County Open Space Sign will be installed on the site upon project completion. County Commissioners and Open Space Trails and Advisory Board Members will be invited to visit upon request. Page 89 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 16 Through prior trail and park openings, ribbon cuttings, and volunteer events, the City of Englewood has demonstrated their support of ACOS Programs to the community. We have installed public recognition signs throughout the City’s parks, trails and open spaces demonstrating our support of ACOS. Attachments Attachment 1: Evidence of Support from Highest Authority* Please attach evidence of support from the agency's highest authority (official letter or resolution) as a PDF document. At a minimum, this document must include: project title, amount of grant funds requested, statement that matching funds are secured and/or efforts to secure funds are underway (include the amount of matching funds committed), and certification that the project will be open to the public or serve a public purpose upon completion. A sample resolution is available on the Open Space website. Please name your file as follows: Applicant_SupportHighestAuthority.pdf Cityof Englewood_SupportHighestAuthority.pdf Attachment 2: Evidence of Community Support* Please attach up to 5 letters of support from users, working groups, community members, volunteers, schools, etc. as a single PDF document. Letters should be specific to the project and dated within the last 6 months. Please name your file as follows: Applicant_CommunitySupport.pdf City of Englewood_CommunitySupport.pdf Attachment 3: Documentation of Opposition* Please attach documentation of opposition to the project (such as letters, petitions, articles, etc.) as a single PDF document. If there is no known opposition, please attach a page stating that this section is not applicable. Please name your file as follows: Applicant_Opposition.pdf City of Englewood_Opposition.pdf Attachment 4: Evidence of Commitment from Project Partners* Please attach evidence of commitment from project partners (such as partner support letters, commitment to provide cash/in-kind match, or maintenance agreements) as a single PDF document. There is no maximum allowable number of partner support letters. If there are no partners for this project, please attach a page stating that this section is not applicable. Please name your file as follows: Applicant_PartnerCommitments.pdf CityofEnglewood_PartnerCommitments.pdf Page 90 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 17 Attachment 5: Primary Project Photo* Please attach one high resolution photo in JPG format. Please choose the photo that provides the best overall representation of your project. This photo will be used for presentations and/or publications. Please name your file as follows: Applicant_PrimaryPhoto.jpg City of Englewood_PrimaryPhoto.jpg Attachment 6: Photos* Please attach photos of existing conditions at the project site (including captions) as a single PDF document. Include conceptual drawings if applicable. Please name your file as follows: Applicant_Photos.pdf City of Englewood_photos.pdf Attachment 7: Maps* Please attach a site map and a vicinity map as a single PDF document. Please name your file as follows: Applicant_Maps.pdf City of Englewood_Maps.pdf Attachment 8: Site Visit Form* Please attach a completed site visit form as a PDF document. Required forms are available on the Open Space website. Please name your file as follows: Applicant_SiteVisitForm.pdf City of Englewood_SiteVisitForm.pdf Attachment 9: Evidence of Property Ownership/Access* Please attach evidence of property ownership/legal access (legal documentation, ArapaMAP, etc.) as a PDF document. Please name your file as follows: Applicant_EvidenceofOwnership.pdf Cityof Englewood_Evidenceof Ownership.pdf Attachment 10: Other Attachments Please attach additional supporting documentation (news articles, cost estimates, etc.) as a single PDF document. Please name your file as follows: Applicant_OtherAttachments.pdf Page 91 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 18 City of Englewood_OtherAttachments.pdf Confirmation Please click the "I Agree" button below to certify that your application is complete and ready to submit. Once submitted, applications are final and cannot be returned.* I agree Page 92 of 252 Dave Lee City of Englewood Printed On: 11 April 2019 2019 Standard and Small Grant Application 19 File Attachment Summary Applicant File Uploads • CityofEnglewood_SignatureForm.pdf.pdf • CityofEnglewood_Timeline.pdf • CityofEnglewood_BudgetForms.pdf • Cityof Englewood_SupportHighestAuthority.pdf • City of Englewood_CommunitySupport.pdf • City of Englewood_Opposition.pdf • CityofEnglewood_PartnerCommitments.pdf • City of Englewood_PrimaryPhoto.jpg • City of Englewood_photos.pdf • City of Englewood_Maps.pdf • City of Englewood_SiteVisitForm.pdf • Cityof Englewood_Evidenceof Ownership.pdf • City of Englewood_OtherAttachments.pdf Page 93 of 252 Page 94 of 252 Page 95 of 252 Page 96 of 252 Page 97 of 252 Page 98 of 252 Page 99 of 252 Page 100 of 252 Page 101 of 252 Page 102 of 252 Page 103 of 252 Page 104 of 252 Page 105 of 252 Page 106 of 252 Date: March 30, 2019 From: City of Englewood - Parks and Recreation To: Arapahoe County Open Space – Grant Review Team Subject: Standard Grant Application for Romans Park – Tennis and Playground Improvements 2019 -Document of Opposition – Not Applicable The City of Englewood has not had any opposition to the Romans Park Tennis and Playground Improvements Grant Application Proposal. Page 107 of 252 Date: March 30, 2019 From: City of Englewood - Parks and Recreation To: Arapahoe County Open Space – Grant Review Team Subject: Standard Grant Application for Romans Park–Tennis & Playground Improvements Attachment 4: Evidence of Commitment from Project Partners The City of Englewood Parks and Recreation Division has submitted a grant application to the United States Tennis Association (USTA) Facilities Assistance Program. The process can take several months, and the City’s application is currently under review for a Category III Grant Request for $20,000. City of Englewood, Parks Department - Point of Contact: • Adrian Torres, Parks Supervisor • 303-762-2538 • atorres@englewoodco.gov USTA, Facilities Assistance Program - Point of Contact: • Lynne Schachte, Facilities Assistance Team Manager • Phone: 919-454-3511, • Email: lschachteusta@gmail.com • https://www.usta.com/en/home/organize/grants-and-assistance/national/about-usta- facility-assistance.html 2019 Facility Funding – The USTA offers competitive grant applications to tennis facilities open to the public that meet additional requirements outlined below: Category III New construction or existing facility reconstruction of 36’, 60’ and 78' courts. • USTA National Contribution: Up to 50 percent of total project cost ($100,000 maximum). - 2 - 3 courts = $30,000 maximum - 4 - 11 courts = $50,000 maximum - 12+ courts = $100,000 maximum Page 108 of 252 USTA Facility Assistance Services • Facility Concepts (generic): The USTA has a library of generic concepts available for any community, catalogued by number of courts, type of courts (36’, 60’ 78’ or mixed) and acreage of land. • Facility Concepts (specific): Upon your selection of a development site and identification of the tennis community’s top priorities for your new/renovated facility, the USTA can provide a site specific tennis facility concept for your community. • Facility Design Review – The USTA can review your facility design for design integrity and to ensure that it meets or exceeds industry standards. The USTA will make design recommendations for the optimum management and programming needs of your facility. • Construction Document Review – The USTA can review construction documents to ensure all project construction details are clear and concise. The USTA may uncover cost savings for the community and recommend alternate methods for successful construction, grading and drainage plans. • RFP and Bid Document Review – The USTA can review Request for Proposal and contractor bid documents to ensure that the scope of work meets industry standards. • 36’ and 60’ tennis court concepts: The USTA has an extensive library of 36’ and 60’ tennis court plans and can provide you with generic and site specific concepts. • Business Development – The USTA can assist in negotiations with government agencies and private developers. The USTA can provide guidance with initial programming, operational planning, and staffing. • Facility Funding – The USTA offers competitive grant applications to tennis facilities open to the public that meet additional requirements outlined below: Categories Funding Description USTA Contribution Category I: Basic facility improvements, including fixed court amenities (i.e. backboards, fencing, windscreens, etc.) Up to 50% of total project cost ($5,000 maximum) Category II: Resurfacing of existing 36’, 60’ and 78’ courts. Converting an existing 78’ court to stand-alone 36’ courts. Lighting costs. Up to 50% of total project cost ($30,000 maximum) 2 – 3 courts = $10,000 max 4 – 11 courts = $20,000 max 12+ courts = $30,000 max Category III:New construction or existing facility reconstruction of 36’, 60’ and 78’ courts. Up to 50% of total project cost ($100,000 maximum) 2 – 3 courts = $30,000 max 4 – 11 courts = $50,000 max 12+ courts = $100,000 max Line Grants: Painting permanent 36’ and 60’ tennis lines on existing courts, paved areas, blacktops, playgrounds or gymnasiums. Up to 100% of total project cost ($400/court and $5,000 maximum) Media/Technology Grants: Collegiate Digital Media to install live streaming equipment. (Available to collegiate facilities only) Up to 50%of total project cost ($10,000 maximum) 2019 Guide to USTA’s Facility Assistance Program SEE BELOW FOR HELPFUL HINTS, IMPORTANT DATES, AND AVAILABLE RESOURCES Page 109 of 252 2019 Overview: Complete and submit an on-line Facility Assistance Form to notify the USTA of your project timeline and needs. This form is available at www.usta.com/facilities. A successfully submitted form will generate an automatic e-mail notification of submission. This form can be completed at any point during the year. 2019 Guide to USTA’s Facility Assistance Program SEE BELOW FOR HELPFUL HINTS, IMPORTANT DATES, AND AVAILABLE RESOURCES 1 Tennis project submits Facility Assistance form to USTA & receives automatic notification of receipt. 2 USTA client manager contacts the project to clarify & assess needs. (Average 3-4 days) 3 Technical assistance provided based on the specific needs of project. Most projects receive assistance within 30 days. 4 For those that seek financial assistance, USTA reviews the project for player safety, programming, & adherence to construction standards. 5 Once the grant application is received, USTA National reviews, requests Section input, and then responds within 30 days. 6 Project funding from USTA is announced & the funding is released as construction progresses. 7 At project completion, USTA (including Section) evaluates project. PROJECT COMPLETE – FILE ARCHIVED Page 110 of 252 Page 111 of 252 Romans Park identification sign and pathway looking west Page 112 of 252 Picnic shelter, basketball court and tennis courts Page 113 of 252 Mushroom structures at Romans Park Page 114 of 252 Playground for 5-12 years of age Page 115 of 252 Playground for 2-5 years of age with tennis courts in background. Page 116 of 252 T ennis courts with apartment building in background Page 117 of 252 Tennis Courts Page 118 of 252 Tennis Courts Page 119 of 252 Surface of Tennis Courts Page 120 of 252 0 15 30 60 NEW TENNIS COURTS EXISTING PICNIC SHELTER EXISTING ASPHALT WALK ADA ACCESSIBLE ROUTE ADA RAMP RETAINING WALL DUMOR BENCH DUMOR BENCH BENCHES ADA RAMP EXISTING TREE TO REMAIN (TYP.) TOT LOT 5-12 LOT EXISTING BASKETBALL COURT EXISTING RESTROOM PROPOSED CONCRETE WALK 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 Englewood, COPACKY ROMANS PARK February, 2019 Page 121 of 252 GREENWOODVILLAGE CHERRY HILLS VILLAGE CENTENNIAL ENGLEWOOD SHERIDAN HIGHLANDS RANCH §¨¦470 A U R O R A LITTLETON BOWMAR COLUMBINE VALLEY DenverTechCenter CityCenterEnglewood §¨¦25 §¨¦225£¤285 £¤85 D E N V E R ARAPAHOE RD OXFORD AVE DARTMOUTH AVE HAMPDEN AVE SANTA FE DRBELLEVIEW AVE YALE AVE DRY CREEK RD ORCHARD RD QUINCY AVE COUNTY LINE RDBROADWAYSHERIDAN BLVDFEDERAL BLVDUNIVERSITY BLVDHOLLY STQUEBEC STTEJON STZUNI STEVANS AVE HURON STTUFTS AVE QUINCY AVE WINDERMERE STRomans Park Location(Lat: 39.656487, Long: -104.966439) GREENWOODVILLAGE CHERRY HILLS VILLAGE CENTENNIAL ENGLEWOOD SHERIDAN HIGHLANDS RANCH §¨¦470 A U R O R A LITTLETON BOWMAR COLUMBINE VALLEY DenverTechCenter CityCenterEnglewood §¨¦25 §¨¦225£¤285 £¤85 D E N V E R ARAPAHOE RD OXFORD AVE DARTMOUTH AVE HAMPDEN AVE SANTA FE DRBELLEVIEW AVE YALE AVE DRY CREEK RD ORCHARD RD QUINCY AVE COUNTY LINE RDBROADWAYSHERIDAN BLVDFEDERAL BLVDUNIVERSITY BLVDHOLLY STQUEBEC STTEJON STZUNI STEVANS AVE HURON STTUFTS AVE QUINCY AVE WINDERMERE STRomans Park Location(Lat: 39.656487, Long: -104.966439) City of Englewood, Colorado 2019 Arapahoe County Open Space, Parks, and Trails Grant Application Romans Park Playground and Tennis Court Replacement 0 1 2 3 Miles I February 2019 Vicinity Map L E G E N D Romans Park Arapahoe County Boundary Major Highways Arterial and Collector Streets H:\jvoboril\gis\opspace\plots\acos19_romans_vic.pdfPage 122 of 252 City of Englewood, Colorado 2019 Arapahoe County Open Space, Parks, and Trails Grant Application February 2019 Site Plan Map Playground EquipmentReplacement Location E FLOYD AVES FRANKLIN STS RACE STS GILPIN STS WILLIAMS STS HIGH STPlayground EquipmentReplacement Location Tennis CourtReplacement Location I H:\jvoboril\gis\opspace\plots\acos19_romans_site.pdf Romans Park Playground and Tennis Court Replacement 0 150 300 450 Feet L E G E N D Romans Park Boundary Page 123 of 252 Page 124 of 252 Page 125 of 252 Page 126 of 252 Page 127 of 252 Page 128 of 252 Page 129 of 252 Page 130 of 252 1 RESOLUTION NO. 42 SERIES OF 2019 A RESOLUTION SUPPORTING THE CITY OF ENGLEWOOD’S ARAPAHOE COUNTY OPEN SPACE (ACOS) GRANT APPLICATION FOR ROMANS PARK TENNIS AND PLAYGROUND IMPROVEMENTS WHEREAS, in 2003 Arapahoe County voters approved a ten (10) year, quarter-of-a-penny sales and use tax to pay for preservation of open space, protect lands, preserve water quality and provide, maintain and improve neighborhood parks, sport fields, picnic facilities and trails; WHEREAS, in 2005 Arapahoe County set aside a portion of the revenues to fund competitive grant projects; WHEREAS, each year, the City of Englewood is eligible to apply for up to two (2) Arapahoe County Open Space (ACOS) grants; WHEREAS, the City would utilize ACOS Grant funds for the replacement of aging playground and tennis equipment in Roman Park; WHEREAS, the project’s purpose is to improve the quality, safety and ADA access to the park playground and tennis courts; WHEREAS, the City of Englewood, through the 2017 Parks and Recreation Master Plan, has identified Romans Park as one of three park areas designated as a priority and replacing the playground and tennis equipment will complete the first phase of improvements; WHEREAS, the City commits to completing the Romans Tennis and Playground Improvements project if the grant is awarded; WHEREAS, the project site is owned by the City of Englewood; WHEREAS, if the grant is awarded, the City of Englewood acknowledges responsibility of cost overruns for the Romans Park Tennis and Playground Improvements project; WHEREAS, the total project costs for these improvement to Romans Park Tennis and Playground areas is estimated at $700,000, to include $500,000 in ACOS grant funds and $200,000 provided by the City as part of the Grant Matching Funds project; and WHEREAS, the City’s matching funds will be coming from the Parks, Recreation and Library 2019 budget in the amount of $200,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council for the City of Englewood, Colorado, hereby supports the City’s Arapahoe County Open Space grant application for Romans Park Tennis and Playground improvement project, attached hereto as Exhibit A. Page 131 of 252 2 Section 2. The City Council for the City of Englewood certifies that the Romans Park Playground and Tennis Improvement project will be open to the public and serve a public purpose upon completion. Section 3. The Director of Parks, Recreation and Library Services is authorized to sign all necessary documents for the Arapahoe County Open Space Grant application for and on behalf of the City Council and the City of Englewood. ADOPTED AND APPROVED this 18th day of March, 2019. 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. 42, Series of 2019. ______________________________ Stephanie Carlile, City Clerk Page 132 of 252 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: August 5, 2019 SUBJECT: CB 33 - Approve Loan From General Fund Long Term Asset Reserve to Storm Water Drainage Fund - 1st Reading DESCRIPTION: CB 33 - Approve Loan From General Fund Long Term Asset Reserve to Storm Water Drainage Fund - 1st Reading RECOMMENDATION: Staff requests City Council approve the attached Ordinance approving a $3.0 million, 1.0% interest bearing loan from the General Fund Long Term Asset Reserve (LTAR) to the Storm Water Drainage Fund in order to initiate required pre-construction design for storm water system maintenance and improvements as well as to establish appropriate rates and fees required to secure funding for future construction. PREVIOUS COUNCIL ACTION: On July 22, 2019, City Council directed Staff to bring forth an Ordinance at the next regular meeting approving a $3.0 million interest bearing loan from the General Fund Long Term Asset Reserve (LTAR) to the Storm Water Drainage Fund with the expressed purpose of advancing the two significant elements of the Flood Prone Study (see below), including: • Completing initial & final design for the Oxford Avenue outlet pipe replacement project (Project S1) and the Rotolo Park outlet project (Project S2) including refined cost estimates by late-Spring 2020 • Completing a storm water condition assessment by April 2020 including an assessment of the necessary administrative and maintenance costs • Completing a third party fee rate analysis no later than late fall 2019 to develop storm water drainage utility rates supporting the City's desire to bond for up to $40 million • Identifying and implementing increased fee amount in late Fall 2019 to provide support for revenue issuance bond issuance in late Spring 2020 • Developing a storm water maintenance plan by Spring 2020 City Staff, in coordination with Calibre, presented the results of the draft flood-prone study on June 10, 2019 at a Study Session and discussed alternatives with City Council on July 8, 2019. SUMMARY: In order to commence preparatory work on two significant elements of the Flood-Prone Study, Projects S1 and S2, Staff is asking City Council to approve a $3.0 million interest bearing loan from the LTAR to the Storm Water Drainage Fund Enterprise. The uses of these funds are outlined in the Previous Council Section above. As of June, 2019, the year end LTAR balance is Page 133 of 252 estimated to be approximately $5.0 million. The Ordinance includes a nominal 1.0% interest rate to be repaid directly from Storm Water Drainage Fees to the LTAR. Pursuant to Section 92 of the City Charter, the Council may, by Resolution, loan any unencumbered appropriation balance or portion thereof from one department, office or agency, to another. The drawn amount would later be repaid from the proceeds of a long-term Storm Water Revenue Bond that, upon Council's approval, would be issued in the second quarter of 2020. As provided in Section 105 of the City Charter and related State statutes, the City is permitted to issue revenue bonds and, as stating in Section 12-5-4(C) of the City Code, the City may pledge storm water fees to the payment of principal and interest on revenue obligations issued by the City to finance any of the activities under said chapter. ANALYSIS: Information directly related to the nature and use of the $3.0 million loan is previously discussed in this memo. FINANCIAL IMPLICATIONS: Draws on the loan will be made as storm water drainage expenditures related to items, as previously outlined in this memo, are incurred. A 1.0% interest rate will be charged to the Storm Water Drainage Fund on the outstanding balance of any funds borrowed. Interest will be charged based on the total amount borrowed and will be repaid through proceeds of the proposed bond issuance or fee increase (to be approved by City Council). ALTERNATIVES: City Council could decide not to borrow funds from LTAR to provide necessary funding to advance the two significant elements of the COE Flood-Prone Area Study, however, Staff does not recommend this as a viable alternative. CONCLUSION: Staff strongly recommends City Council approve the attached Ordinance outlining a loan up to $3.0 million from the LTAR to the Storm Water Drainage Fund to advance two significant elements of the COE Flood-Prone Area Study. ATTACHMENTS: Council Bill #33 Page 134 of 252 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO.33 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD AUTHORIZING AN INTERFUND LOAN FROM THE GENERAL FUND LONG TERM ASSET RESERVE TO THE STORM WATER DRAINAGE FUND TO PROVIDE INITIAL FUNDING FOR STORM WATER IMPROVEMENTS. WHEREAS, the City of Englewood, Colorado (the “City”) is a municipal corporation duly organized and operating as a home rule city under Article XX of the Constitution of the State of Colorado and the Charter of the City; WHEREAS, as established by City Ordinance No. 20, Series of 1993 and codified in Title 12, Chapter 5 of City of Englewood Municipal Code, as amended (the “City Code”), the City has established its Storm Water Enterprise; WHEREAS, the financial activities of the Storm Water Enterprise are accounted for in the Storm Water Drainage Fund, also known as the Storm Water Enterprise Fund; WHEREAS, as provided in Section 12-5-3(A) of the City Code, there is imposed on every lot or parcel of land within the City a storm drainage service charge which is reviewed annually and set from time to time by ordinance of the City; WHEREAS, in September of 2018, the City contracted with Calibre Engineering to perform a Storm Water Analysis and Alternatives Feasibility Study, significant elements of which have been completed and presented to the City Council in a flood-prone study; WHEREAS, there are not adequate funds in the Storm Water Enterprise Fund to finance, on a timely basis, capital expenditure replacement, construction, acquisition and improvement solutions referenced in or identified in the process of the flood-prone study (the “Storm Drainage Improvements”); WHEREAS, pursuant to Section 105 of the Charter the City may issue revenue bonds as provided for municipalities by State statute and revenue bonds for the Storm Water Enterprise are permitted under Title 31, Article 35, Part 4, C.R.S. and Title 37, Article 45.1, C.R.S.; WHEREAS, as stating in Section 12-5-4(C) of the City Code, the City may pledge storm water fees to the payment of principal and interest on revenue obligations issued by the City to finance any of the activities under said chapter, which activities include the funding of Storm Drainage Improvements; WHEREAS, the City Council has determined that it is in the best interest of the City to undertake the following actions to address the Storm Drainage Improvements: Page 135 of 252 2 4848-5166-3256.3 • Completing a third party fee rate analysis no later than late Fall of 2019 to develop storm water drainage utility rates and charges supporting the City's desire to issue revenue bonds for up to $40 million in principal amount, • Identifying and implementing increased rates and charges in late Fall of 2019 to provide for the revenue bond issuance in late Spring of 2020, • Completing a storm water system condition assessment by April of 2020, including an assessment of the necessary administrative & maintenance costs, • Developing a storm water maintenance plan by Spring 2020, • Completing initial & final design for the Oxford Avenue outlet pipe replacement project (known as Project S1) and the Rotolo Park outlet project (known as Project S2), including refined cost estimates by late-Spring 2020; and WHEREAS, to provide initial funding for Storm Drainage Improvements prior to the issuance of revenue bonds which the City Council currently intends and reasonably expects to issue, the City Council desires to authorized one or more interfund loans, on an as need basis, from the General Fund Long Term Asset Reserve to the Storm Water Drainage Fund, in the aggregate amount of $3,000,000 (collectively, the “Interfund Loan”); and WHEREAS, the City Council desires to declare its official intent, pursuant to United States Treasury Regulation Section 1.150-2, to reimburse the City for capital expenditures related to the Storm Drainage Improvements through the repayment of the Interfund Loan with proceeds of revenue bonds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Interfund Loan. (a) Authorization. To provide initial funding for Storm Drainage Improvements the City Finance Director is hereby authorized and directed to record and document one or more interfund loans, on an as need basis, from the General Fund Long Term Asset Reserve to the Storm Water Drainage Fund, in the aggregate amount of $3,000,000. Interest shall accrue on transferred funds of the Interfund Loan, without compounding, from the date of each transfer at an interest rate of one percent (1%) per annum, until such amounts are repaid to the General Fund Long Term Asset Reserve in full or as otherwise determined by the City Council. (b) Repayment. The City hereby declares its intention to issue revenue bonds to finance the Storm Drainage Improvements and to apply a portion of the proceeds thereof to reimburse the City through the repayment of the Interfund Loan. The statements contained in this Ordinance with respect to the reimbursement of the Storm Drainage Improvements expenditures are intended to be statements of official intent as required by, and in compliance with, to United States Treasury Regulation Section 1.150-2; provided however, this Ordinance does not constitute a binding obligation with respect to the issuance of such revenue bonds. (c) Net Revenue Pledge. Following the transfer of one or more interfund loans as authorized above in paragraph (a), to the extent that the City Council later determines that no Page 136 of 252 3 4848-5166-3256.3 revenue bonds are to be issued, the Interfund Loan shall be repaid from the net revenue derived from the operation of the Storm Water Enterprise after deducting operating and maintenance expenses and the repayment of amounts due on the City’s outstanding Storm Water Enterprise Revenue Refunding Bonds, Series 2012. Section 2. Effective Date. This Ordinance shall become effective thirty days after publication following final passage. Introduced, read in full, and passed as on first reading on the 5th day of August, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of August, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of August, 2019 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of August, 2019. ___________________________ Stephanie Carlile, City Clerk Page 137 of 252 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: August 5, 2019 SUBJECT: Resolution to Approve 2018 Supplemental Appropriation DESCRIPTION: Resolution to Approve 2018 Supplemental Appropriation RECOMMENDATION: Staff recommends City Council approve the attached Resolution for a Supplemental Appropriation to the 2018 Budget as follows: GENERAL FUND Source of Funds: Unassigned Fund Balance: $75,000 Use of Funds: Human Resources: $75,000 CONCRETE UTILITY FUND Sources of Funds: Unassigned Fund Balance: $85,000 Use of Funds: Concrete Repairs $85,000 The reasons for the additional appropriations are justifiable. The Human Resource Department's 2018 expenditures exceeded the budget because a position originally budgeted for in Finance was moved to Human Resources. The Finance Department experienced a corresponding offset to this expense. The Concrete Utility Fund was over budget in 2018 because various concrete repairs originally budgeted in 2017 were completed in 2018. PREVIOUS COUNCIL ACTION: City Council has not previously discussed this supplemental appropriation. Council approved the 2018 Budget Appropriations Ordinance No. 60 during final reading on October 16, 2017. SUMMARY: Page 138 of 252 A resolution approved by City Council is required when total expenditures within a department exceed the fiscal year budget. Total expenditures for the year are not known until all expenditures are paid. A reconciliation of 2018 expenditures versus the original budget identified a supplemental appropriation approved by Council is required for two departments: Human Resources and the Concrete Utility Fund. The Finance Department typically waits for the fiscal year audit to be completed prior to preparing the resolution for City Council approval. ANALYSIS: Not Applicable FINANCIAL IMPLICATIONS: The General Fund and Concrete Utility Fund unassigned balances will experience decreases of $75,000 and $85,000 respectively. ALTERNATIVES: Not Applicable CONCLUSION: Staff recommends City Council approve the attached Resolution for the 2018 Supplemental Appropriation. ATTACHMENTS: Resolution for the 2018 Supplemental Appropriation Page 139 of 252 RESOLUTION NO. SERIES OF 2019 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2018 BUDGET WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations; WHEREAS, the 2018 Budget was submitted and approved by the Englewood City Council on November 5, 2018; WHEREAS, this Supplemental appropriation is being presented for City Council approval due to the fact that total expenditures for the year are not fully known until all expenditures are paid; WHEREAS, higher expenditure in Human Resources was due to the transfer of an employee from the Finance Department; WHEREAS, the Concrete Utility Fund was over budget in 2018 due to repairs being done in 2018 that were originally scheduled for 2017; WHEREAS, re-appropriation of funds for 2018, including those listed above, for the Human Resources Department and the Concrete Utility Fund are hereby presented for the consideration and approval of City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Budget for the City of Englewood, Colorado, is hereby amended for the year ending 2018, as follows: 2018 SUPPLEMENTAL APPROPRIATION SOURCES AND USES OF FUNDS: GENERAL FUND Source of Funds: Unassigned Fund Balance: $75,000 Use of Funds: Human Resources: $75,000 CONCRETE UTILITY FUND Sources of Funds: Unassigned Fund Balance: $85,000 Use of Funds: Concrete Repairs $85,000 Page 140 of 252 Section 2. The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the 2018 Budget for the City of Englewood. ADOPTED AND APPROVED this 5th Day of August, 2019. Linda Olson, Mayor Pro Tem 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 2019. Stephanie Carlile, City Clerk Page 141 of 252 1 BY AUTHORITY ORDINANCE NO. 60 COUNCIL BILL NO. 52 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2018, AND ENDING DECEMBER 31, 2018, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2018. WHEREAS, a public hearing on said budget was held by the City Council on September 18, 2017, in conformance with Part I, Article X, § 87 of the Charter of the City of Englewood, Colorado; WHEREAS, the operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at budget workshops held on August 7, 14 and August 22; and WHEREAS, Part I, Article X, § 90 of the Charter of the City of Englewood, Colorado requires the City Council to adopt a bill for the annual Appropriations by ordinance no later than thirty days prior to the first day of the next fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Pursuant to, and in conformance with, Part I, Article X, §§ 90, 92, 93, and 94 of the Charter of the City of Englewood, Colorado, the several sums of money hereinafter specified are hereby appropriated out of the revenue of the City of Englewood, Colorado, for the year 2018, and out of the respective fund balances, to the several purposes herein named to meet the expenses of the City of Englewood for the year 2018, specifically as follows: [remainder of page intentionally blank] Page 142 of 252 2 GENERAL FUND Legislation 330,002$ City Manager's Office 7,133,210$ City Attorney's Office 848,822$ Municipal Court 1,106,719$ Human Resources 771,274$ Finance and Administrative Services 1,494,052$ Information Technology 2,717,469$ Community Development 2,644,501$ Public Works 6,334,875$ Police 14,083,629$ Parks, Recreation and Library Services 7,609,755$ Communications 434,015$ Contingencies 228,300$ Debt Service – Civic Center 1,445,025$ Debt Service – Other 120,272$ Other Financing Uses 500,000$ Total General Fund 47,801,920$ CONSERVATION TRUST FUND Total Conservation Trust Fund 310,000$ DONORS FUND Total Donors Fund 490,060$ PARKS AND RECREATION TRUST FUND Total Parks and Recreation Trust Fund 300,000$ MALLEY CENTER TRUST FUND Total Malley Center Trust Fund 100,000$ OPEN SPACE FUND Total Open Space Fund 615,000$ Page 143 of 252 3 GENERAL OBLIGATION BOND FUND-RECREATION Total General Obligation Bond Fund 1,105,688$ GENERAL OBLIGATION BOND FUND-POLICE HEADQUARTERS Total General Obligation Bond Fund 2,215,813$ PUBLIC IMPROVEMENT FUND Total Public Improvement Fund 4,425,352$ CAPITAL PROJECTS FUND Total Capital Projects Fund 1,965,833$ POLICE HEADQUARTERS CONSTRUCTION FUND Total Police Headquarters Construction Fund 24,157,003$ WATER FUND Total Water Fund 10,484,540$ SEWER FUND Total Sewer Fund 21,042,797$ STORM DRAINAGE FUND Total Storm Drainage Fund 479,012$ GOLF COURSE FUND Total Golf Course Fund 2,249,341$ CONCRETE UTILITY FUND Total Concrete Utility Fund 898,565$ HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund 1,068,505$ Page 144 of 252 4 CENTRAL SERVICES FUND Total Central Services Fund $275,983 SERVICENTER FUND Total ServiCenter Fund $2,219,813 CAPITAL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund $1,393,857 RISK MANAGEMENT FUND Total Risk Management Fund $1,415,694 EMPLOYEE BENEFITS FUND Total Employee Benefits Fund $5,773,051 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even though such line items may be set forth and included with the adopted budget for the fiscal year 2018. Section 3. All monies in the hands of the Director of Finance and Administrative Services, or to come into the Director's hands for the fiscal year 2018, may be applied to any outstanding claims now due or to become due in the said fiscal year of 2018. Section 4. All unappropriated monies that may come into the hands of the Director of Finance and Administrative Services during the year 2018, may be so distributed among the respective funds herein as the City Council may authorize in accordance with applicable law. Section 5. During or at the close of the fiscal year of 2017, any surplus money in any of the respective funds, after all claims for 2017 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full, and passed on first reading on the 2nd day of October, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 5th day of October, 2017. Page 145 of 252 5 Published as a Bill for an Ordinance on the City’s official website beginning on the 4th day of October, 2017 for thirty (30) days. Read by Title and passed on final reading on the 16th day of October, 2017. Published by Title in the City’s official newspaper as Ordinance No. 60, Series of 2017, on the 20th day of October, 2017. Published by title on the City’s official website beginning on the 19th day of October, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 60, Series of 2017. Stephanie Carlile Page 146 of 252 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Joe Isenbart DEPARTMENT: Information Technology DATE: August 5, 2019 SUBJECT: Tyler New World ERP Contract Amendment DESCRIPTION: Tyler New World ERP Contract Amendment RECOMMENDATION: Staff recommends Council approve, by motion, the Tyler Technologies contract amendment discontinuing maintenance for the following modules: Third Party Document Imaging, Tyler Cashiering, COBRA Billing Administration, Benefits Tracking (Non-employee), Workers Compensation Administration, Third Party Applicant Interface, Employee Event Tracking, eSuite Base, ePersonnel Suite; excluding fees for those modules from future SaaS (Software as a Service) maintenance costs and recovering subscription fees already paid for those modules. PREVIOUS COUNCIL ACTION: Council approved the purchase and implementation of the Tyler New World ERP system on July 5, 2016. SUMMARY: During implementation of the Tyler New World ERP system, staff determined that a number of modules included in the ERP contract do not provide value to the City for various reasons. After discussion, staff concluded that these modules could not be used effectively and should be discontinued. ANALYSIS: Tyler New World (TNW) replaced Oracle in 2016. The system has provided many technology enhancements to the City. During the period of implementation and afterwards, the City continued to evaluate and refine technology needs relative to TNW’s offerings. The City determined some modules within TNW could not meet our needs and contacted Tyler to reduce costs. TNW meets our needs for financial accounting and budgeting. However, staff identified some shortfalls in other modules. The majority of the modules that did not meet the City’s needs are related to Human Resources functions. Staff has successfully negotiated, over the past several months, a reduction in scope and on- going maintenance costs with TNW. City Information Technology staff and the City Attorney negotiated the discontinuance of these modules, waiver of early termination fees, and the recovery of SaaS fees already paid for the modules, as indicated in the contract amendment. Page 147 of 252 Under the new contract, the City will save $63,469.00 per year. The City also received a credit of $50,073 and Tyler waived termination fees of $28,374. We still have a good relationship with Tyler New World and this new contract reflects more useful customization of their software. FINANCIAL IMPLICATIONS: The City would receive a credit of $50,073 for fees paid for these modules on past invoices. Future SaaS fees for the remaining modules would be reduced from $41,187 to $25,320 quarterly upon execution of the contract amendment. CONCLUSION: Staff is committed providing services to our residents in the most economical way. We understand that expenditures for these modules offer little or no value to our organization. As such, discontinuing the modules is in the best interest of our community. ATTACHMENTS: Original Tyler ERP Contract. Contract amendment. Page 148 of 252 AMENDMENT This amendment(“Amendment”)is made this day of May,2016 (“Amendment Effective Date”)by and between Tyler Technologies,I.nc.,a Delaware corporation with offices at 840 West Long Lake Road,Troy, MI 48098 (“Tyler”)and the City of Englewood,CO,with of?ces at 1000Englewood Parkway,CO 80110. WHEREAS,Tyler and the Client are parties to License and ServicesAgreement(the “LicenseAgreement”)with an effective date of February 2,2016; WHEREAS,Tyler and Client now desire to add additionalTyler softwareand services to that LicenseAgreement;and WHEREASClient is a member of the National Joint Powers Alliance(“NIPA”)and desiresto purchase off the NJPA Contract awarded to Tyler; NOW THEREFORE,in considerationof the mutual promises hereinaftercontained,Tyler and the Client agree as follows: SECTION A —DEFINITIONS Except as otherwise de?ned below,all de?ned terms shall have the meaningset forth in the License Agreement: -“Data”means your data necessary to utilize the 'I‘yler New World So?ware. 0 “Data Storage Capacity”means the contracted amount of storage capacity for your Data identi?ed in the New World Investment Summary. -“De?ned Concurrent Users”means the number of concurrent users that are authorizedto use the SaaS Services. The De?ned ConcurrentUsers are 50. -“SaaS Fees”mea.nsthe fees for the SaaS Services identi?ed in the Tyler New World InvestmentSummary. -“SaaS Services”means so?ware as a service consistingof system administration,system management,and system monitoringactivities that Tyler performs for the Tyler New World So?ware,and includes the right to access and use the Tyler New World So?ware,receive maintenanceand support on the Tyler New World Software,includingDowntime resolution under the terms of the SLA,and Data storage and archiving.SaaS Services do not include support of an operating system or hardware,support outside of ou.rnormal businesshours, or training,consulting or other professional services. -“Tyler New World Investment Summary”means the agreed upon cost proposal for the products and services attached as Exhibit 1 to this Amendment. 0 “Tyler New World Invoicing and Payment Policy”means the invoicingand payment policy applicable to this Amendmentand attached as Exhibit 2. 0 “Tyler New World Software”means our proprietary software,includingany integrations,custom modi?cations, and/or other related interfaces identi?ed in the Tyler New World InvestmentSummary and licensedby us to you through this Amendment. 0 “Tyler New World Statement of Work”means the industrystandardimplementationplan describinghow our professional serviceswill be provided to implement the Tyler New World So?ware,and outliningyour and our roles andresponsibilities in connection with that implementation.The Tyler New World Statementof Work is provided at Exhibit 4. 0 “Tyler New World Support Call Process”means the support call process applicableto all of our customers who have licensedthe Tyler New World So?ware,which is attached as Exhibit 3 to this Amendment. SECTION B —SAAS SERVICES 1.Rights Granted.We grant to you the non-exclusive,non-assignablelimitedright to use the SaaS Servicessolely for your internalbusinesspurposes for the number of De?ned Concurrent Users only.The Tyler New World So?ware will be made availableto you accordingto the terms of the SLA.You acknowledgethat we have no delivery obligationsand we will not ship copies of the Tyler New World So?wareas part of the SaaS Services.You may use the SaaS Servicesto access updates and enhancementsto the Tyler New World So?ware,as further describedin this Amendment. ">-Ha-zxm Page 149 of 252 2.SaaS Fees.You agree to pay us the SaaS Fees.Those amounts are payable in accordancewith the Tyler New World Invoicingand Payment Policy.The SaaS Fees are based on the number of DefinedConcurrentUsers and amount of Data Storage Capacity.You may add additionalconcurrent users or additionaldata storage capacity on the terms set forth in Section 1(1)of the LicenseAgreement.In the event you regularly and/ormeaningfullyexceed the De?ned ConcurrentUsers or Data Storage Capacity,we reserve the right to charge you additionalfees commensurate with the * overage(s). 3.Ownership. 3.1 We retain all ownership and intellectualproperty rights to the SaaS Services,theTyler New World So?ware,and anything developed by us under this Amendment.You do not acquire under this Amendmentany licenseto use the Tyler New World So?ware in excess of the scope and/or durationof the SaaS Services. 3.2 The documentationwe make availableto you in connectionwith your use of the Tyler New World So?ware is licensedto you and may be used and copiedby your employeesfor internal,non-commercialreference purposes only. 3.3 You retain all ownership and intellectualproperty rights to the Data. 4.Restrictions.You may not:(a)make the Tyler New World So?ware or documentationresulting?‘om the SaaS Services available in any manner to any third party for use in the third party’s businessoperations;(b)modify,make derivative works of,disassemble,reverse compile,or reverse engineer any part of the SaaS Services;(c)access or use the SaaS Servicesin order to build or support,and/or assist a third party in buildingor supporting,products or services competitive to us;or (d)license,sell,rent,lease,transfer,assign,distribute,display,host,outsource,disclose, permit timesharingor service bureau use,or otherwisecommerciallyexploit or make the SaaS Services,Tyler New World So?ware,or related documentationavailable to any third party other than as expressly permitted by this Amendment. 5.Software Warranty‘.The warranty set forth in Section B(4)shall apply to the Tyler New World So?ware for so long as you are timely paying your then-currentSaaS Fees. 6.SaaS Services. 6.1 Our SaaS Services are auditedat least yearly in accordance with the AICPA’s Statementon Standards for AttestationEngagements (“SSAE”)No.16.We have attained,and will maintain,SSAE-16compliance,or its equivalent,for so long as you are timely paying for SaaS Services.Upon execution of a mutuallyagreeable Non- DisclosureAgreement (“NDA”),we will provide you with a summary of our SSAE-16compliancereport or its equivalent.Every year therea?er,for so long as the NDA is in effect and in which you make a writtenrequest,we will provide that same information. 6.2 You will be hosted on shared hardwarein a Tyler data center,but in a databasededicatedto you,whichis inaccessibleto our other customers. 6.3 We have fully-redundant telecommunicationsaccess,electricalpower,and the required hardwareto provide access to the Tyler New World So?ware in the event of a disasteror component failure.In the event any of your data has been lost or damageddue to an act or omissionof us or our subcontractorsor due to a Defect,we will use best commercialefforts to restore all the data on servers in accordancewith the architecturaldesign’s capabilities and with the goal of minimizingany data loss as greatlyas possible.In no case shall the recovery point objective (“RPO”)exceed a maximumof twenty-four (24)hours from declarationof disaster.F_orpurposes of this subsection,RPO represents the maximumtolerable period duringwhich your Data may be lost,measured in relation to a disaster we declare,said declarationwill not be unreasonably withheld. 6.4 In the event we declare a disaster,our RecoveryTime Objective (“RTO”)is twenty-four (24)hours.For purposes of this subsection,RTO represents the amount of time,after we declarea disaster,withinwhich your accessto the Page 150 of 252 Tyler New World Software must be restored. 6.5 We conductannual penetration testing of either the productionnetwork and/or web application to be performed. We will maintain industry standard intrusiondetectionand prevention systems to monitor maliciousactivityin the network and to log and block any such activity.We will undertakean additionalsecurity audit,on terms and timing to be mutually agreed to by the parties,at your written request.You may not attempt to bypass or subvert security restrictionsin the SaaS Servicesor environmentsrelatedto the Tyler New World Software. Unauthorizedattempts to access?les,passwords or other con?dential information,and unauthorizedvulnerability and penetration test scanning of our network and systems (hosted or otherwise)is prohibited without the prior written approval of our IT Security O?icer. 6.6 We test our disaster recovery plan on an annual basis.Our standardtest is not client-speci?c.Shouldyou request a client-speci?cdisaster recovery test,we will work with you to scheduleand execute such a test on a mutually agreeable schedule. 6.7 We will be responsible for importingback-up and verifying that you can log-in.You will be responsiblefor running reports and testing criticalprocesses to verify the returned data.At your written request,we will provide test results to you within a commerciallyreasonabletimeframeafter receipt of the request. 6.8 We provide secure data transmissionpaths from each of your workstations to our servers. 6.9 For at least the past ten (10)years,all of our employees have undergonecriminalbackground checks prior to hire. All employees sign our con?dentialityagreement and security policies.Our data centers are accessibleonly by authorized personnel with a uniquekey entry.All other visitorsmust be signed in and accompaniedby authorized personnel.Entry attempts to the data center are regularlyauditedby internal staff and external auditorsto ensure no unauthorizedaccess. SECTION C —PROFESSIONAL SERVICES We will provide you with the professional servicesset forth in the Tyler New World Investment Summary accordingto the Tyler New World Statementof Work.You agree to pay us the professional services fees according to the Tyler New World Invoicing and Payment Policy. SECTION D —MAINTENANCEAND SUPPORT For so long as you timely pay your then-currentSaaS Fees,we will provide you with the maintenanceand support services describedin the Maintenance and Support Agreement set forthin the License Agreement,subject to the “Client Responsibilities and “ExcludedServices"provisions set forth therein The Tyler New World Support Call Process shall apply to this Amendment. SECTION E —TERM AND TERMINATION 1."_[‘_eg‘n_.The initialterm of this Amendmentextends seven (7)years from the first day of the month immediately following the EffectiveDate,unless earlier terminated as set forth below.Upon expiration of the initial term,this Amendment will renew automaticallyfor additionalone (1)year renewal tenns at our then-currentSaaS Fees unless terminated in writingby either party at least sixty (60)days prior to the end of the then-currentrenewal term.Your right to access or use the Tyler New World So?ware and the SaaS Serviceswill terminateat the end of this Amendment. 2.Termination.In additionto the terminationprovisions set forth in the License Agreement,the following termination provisions apply to this Amendment.In the event of termination,you will pay us for all undisputedfees and expenses related to the software,products,and/or servicesyou have received:or we have incurredor delivered,priorto the effective date of termination.Disputedfees and expenses in all terminationsother than your terminationfor cause must have been submittedas invoicedisputesin accordancewith SectionG(2)of the LicenseAgreement. Page 151 of 252 2.1 Failure to Pay SaaS Fees.You acknowledge that continuedaccess to the SaaS Services is contingentupon your timely payment of SaaS Fees.Ifyou fail to timely pay the Saas Fees,we may discontinuethe Saas Servicesand deny your access to the Tyler NewWorld Software.We may also terminatethis Amendmentif you donot cure such failure to pay withinforty-?ve (45)days ofrcceiving written noticeof ourintent to terminate, 2,).Fees for erminationwithout Cause during InitialTa1n.Ifyou terminatethis Amendmentduring the initialterm for any reason other than cause,or if we terminatethis Amendmentduring the initialterm for your failure to pay Saas Fees,you shall pay us the followingearly terminationfees:(i)if you terminatedu.ringthe first year of the initialterm,100%of the SaaS Fees through the date of terminationplus 25%of the SaaS Fees then due for the remainderof the initial term.‘(ii)if you terminateduringthe secondyear of the initialterm,100%of theSaaS Fees through the date of terminationplus 15%of the SaaS Fees thendue for the remainderof the initialterm;and (iii)if you terminate a?er the second year of the initialtam,100%of the SaaS Fees through the date of terminationplus 10%of the SaaS Feesthen due for the remainderof the initialterm, 2.3 Lack of Appropriations.This Amendmentmay be terminatedfor lack of appropriations,as set forth in Section 14(3)of the LicenseAgreement.For the avoidanceof doubt,the parties undo-standand acknowledgethateach party is subject to Article X,§20 of tire ColoradoConstitution (“’TADOR”).The parties do not intendto violate the turns and requirements of TABOR by the ateculion of this Amendment.It is undastood and agreed that this Ageernent does not crte a multi-?scalyear direct or indirectdebt or obligationwithin the meaning of TABOR and,notwithstanding anything in this Amendmentto the contrary.all payment obligationsof the City are expressly dependentand conditionedupon the continuing availabilityof funds beyond the term of the City's current ?scal period ending upon the next succeeding December31.Financialobligations of the City payable alter the current ?scal year are contingent upon fundsfor that purpose being appropriated,budgeted,and otherwisemade availablein accordancewith the rules,regulations and resolutionsof the City and applicablelaw. Upon the failure to apmopriate such ?mds,this Amendmentshallbe deemedterminated SECTION 13-GENERAL TERMS AND CONDITIONS The address for notice to Tyler under this Amendment shall be the Tyler addressset forth in the recitalsclauseof this Amendment.to the attentionof Roger Routh. Except as otherwiseset forthherein,this Amendmentshall be governed by and construedin accordance with the applicable terms and conditionsof the License Agreement,and all otherterms and conditions of the License Agreement shall remain in ?ill force and e?ect.For the avoidance of tioubt,SectionF of tlie License Agreement does not apply to this Amendment. [N WITNESS WHEREOF.the parties heretohave executed this Amendmentas of the dates set forth below. Tyler Technologies,Inc.City of Englewood,CO By: Name:- Page 152 of 252 ..-2 t I5.0%y I technologies Exhibitl Tyler New World Investment Summary The following Tyler New World InvestmentSummary details the software and servicesto be deliveredby us to you under the Amendment.This Tyler New World InvestmentSummary is effective as of the EffectiveDate.Capitalizedterms not otherwise de?ned will have the meaningassigned to such terms in the Amendment. REMAINDEROF PAGE INTENTIONALLYLEFT BLANK Page 153 of 252 Hmum..._?E_.e=8EmEEE %mE53.5255. wa:wE mwmmmmm:o_un__..umun_ 23.32 :o_m._u>:oUumoum>mn_uo# £3:o_umu:uEu_nEH noun.uE_u.u_._o nou_>._omuuum?mucmuumi?om .‘oom~.~..K.mom Sam8.uooaw_m? >m2c_.mn_uoozmacm83 OU.uoozu_m:u.3Eu nxmh§NHM?kHE;Emmuaa?uaumu.:aCw\\D £2._o=Eo:amu_mmmmmmmmm9.:.2”.Eo_u.._.u3nB26 mmmm-uzm_m~¢o-uS~:u._E:z39:0CO___.3_Om..DEW‘_®_>HMOu._uoo2.w_m:m_mo35nu?mzuuunmoi.. us?m?mEo___E_nxu326_._2s30mEoE_m5."Eu?oao Page 154 of 252 Nemf._~_.5E.suEmBEE new2.535:5:... ..:K.~u..,8n...nu.,. n§.$u .,.umou._<Ez.._<._.o._. um..uEhQEv\hEhDUM\Q _._:.$.,.ounann...wonn§.$n.,. “_BB._:m__Eu>o - .,.avmd...n$3.2.,. "_n_B.__.m..ou.U__._._<3__.mu m3B.__.§:oz89¢awRim«D_Eum~_ .:_E_u<cwm.Bwm__$E:..ww>o_nEmvwu_:m_u:.._oEun_u . ‘ .. . 5,»Ww.mn.n..u..._.:.m.w “m_..o_u~u__nE<uu_:mu .325uagain.,.me So;»83”__..m Em .V.m_.__v_uE.?c&._mm 8m~-~£-8m Sam8_uoo;u_mE 55.5_82su_mE82 ou._82so_m=unoEu mxmbQNNgnuEEEmudah?uab8.3.63 tom_..o.nmuo.._0mu?mmmmmmmix.2”.Eou.__.umon32.0 mmmm.uzm_m~¢o.eS~:a._E..z03:0CO53 _ Omn_\_wLwt?M00.uoo3w_m_._m_goBUnuEmzuuunm?n... uS~\m~\m=.a_uE_._xu3309OOoS~\m~\v"?an&O33m8O “Essaas.inu?aaa...53%C $ Page 155 of 252 moar._m____._uE..__.EUEmBEE .5E335:._u_>._y wu_._n_m_mm<conuzhmcou:25 .m..a>_mc<mmw_.__m_._m.uu_._n_m_mm<u:mE..._o_m>mo?akwu:mEuuu<.wu:E_._mm<co_uE=m_.Eou oom?w.wE3m>m.z.m_>m~_:o_?_.Em:ou.u_z.co=mN_EBm_._u?twumzu_.__:_E._..:ouB_._m.E:uon_m$u_>.wmm:E_._m:ou mumcmcummouEn_._._orE:mE_._uon_:o:E:u_.Eou.n__._=ouu<hetmcu_m=_u_=m_._ou mu._=ouumEuI?uu_>._mmm_.__2.o__£w?wu_.__u_.__Sm>uummBasw.8_Emmm_._z_=m_._oU .mu_>..um muo_>._om?O_u?u=0E0_n—EH_N—.—O_u_UU< 8m~.~R-mom .588.u8.sw_m_m_ >m.s¥_mn_uoo.sw_m:m_ooo? ou.uoo3u_m=m_3Eu mxmbQNNauxER:Emmtna?aaumxtkumik 28:o.amuo.._dm?mm mmmmmm.m_._.2".Eo_.E_.umun326 mmmm.uzmm~$-mS~:2_E:zBond:05:_omEm5:?mCou._...oo_sm_m:mno>5uo?nzuuunnoi So?mdmEoz?axmB26 So?m?v"33 m_u:oE_mnewinuuuozd.__._O>>>>@aw“? $3 Page 156 of 252 vmama._m_.5E=au“EmEm>_E AdmE3352._w_>._.. .Ummon_E_:w_._.s _umu..=..:w._ma=_.sucm._wmm:u._=n_m5uob___n_m:on3._m5Em_uwmon_E_$8.5mmx?>:<.>_._B._m:UUm__Euzm>__m:::m_uEm__..u_mum_mm». mmmm.w_um:ucwtzuzou85E...Bas.8u:w_E_EEou._mw>AD:w>wmm:0uwmmnm_“EmE_._oum__u<._nzmm_u=_u:._mm»mmnmm:_.._:uwm .m._=_umoEnucusa?uoaEu5...;m=E5Ho:_u:mmd_mo_o:.._uu._.._w_>._...m_§5>=uw.___u:o.a:_om_uwmo..._oa2:usmmm_..u==_mmE:mm< muuocuoom Amunnunxu_u>m._u~~mamam.»aw_.uumE_umam:=.:_ux$_5o._.mamm..mu>n ENEKWQEQMhtAQNEOEEQUuM \m_§\x?umcgnu~m.E»£m25.34..BE.an$33..5838i©33 aununxm_u>m..._.UuumE_umm_ D?euaaou?kn»_5E.EmEE=m ose*8382% SHRN»agamm.53 $339emzeom.33 mum".noun.>..mEE:mmum_u_._o>>Buzm:_.::uuy_oE_._.0:0 man:QNNnanER:Emhuab?uabmornumxxk mmmmmm.E:.2“.Eaantumon£26 mmmm-uzm_m~$-mS~:a._E:z32.0 Cu.uoo_sm_m:m_hoBUnuEuzuuanuohn Bodm?m=:.=E_._xmBaud 393$“?an %_as_m33.3:_§2.a 8m~-$w8m Sam8._8oza_a? .§a_.mn_uoo;..._m:m_82 cu._.o2su_m=m_3Eu E8:o_u5o=dma?a :o::_omSm53m.0 2 :25>>®:«.3. mw? Page 157 of 252 .at t Iyer 0 technologies Exl1ibit2 Tyler New World Invoicing and Payment Policy We will provide you with the software and services set forth in the Tyler New World Investment Summary of the Amendment.Capitalized terms not otherwise de?ned will have the meaning assignedto such terms in the Amendment. Invoicing:We will invoice you for the applicable software and services in the Tyler New World Investment Summa.ry as set forth below.Your rights to dispute any invoice are set forth in the License Agreement. 1. 3. SaaS Fees.SaaS Fees are calculatedon an annual basis,and will be invoiced quarterly in advance,beginning on the Effective Date.Your annual SaaS fees for the initial 5-year term are set forth in the Tyler New World Investment Summary.Upon expirationof the initial term,your annual SaaS fees will be at our then-current rates. Services Fees. 2.1 VPNDevice:The fee for the VPN device will be invoicedupon installation of the VPN. 2.2 Implementation and Data Conversion Services:Implementationand data conversionservices are billed and invoiced as delivered,at the rates set forth in the Tyler New World Investment Summary. 2.3 Consulting Services:Consulting services are billed and invoiced as delivered on a time and materials basis,at a rate set forth in the Tyler New World Investment Summary. 2.4 Dedicated PM:DedicatedPM fees will be invoiced monthly in arrears,at the monthly rate set forth in the Tyler New World Investment Summary. Expenses.The service rates in the Tyler New World Investment Summary do not includetravel expenses. Expenses will be billed as set forth in Exhibit B to the License Agreement. Payment.Payment for undisputed invoices is due as set forth in Exhibit B to the License Agreement. Page 158 of 252 °-gji.tyler technologies ‘Exhibit 3 Support Call Process If,after you have cut over to live production use of the Tyler New World So?ware,you believes that the Tyler New World So?ware is Defective,as “Defect”is de?ned in the License Agreement,then you will notify us by phone,in writing,by email,or through the support website.Please reference http://wwwylertech.com/client-support for informationon how to use these various means of contact. Documented examples of the claimed Defect must accompany each notice.We will review the documented notice and when there is a Defect,we shall resolve it at no additional cost to you beyond your then-current maintenance and support fees. In receiving and responding to Defect notices and other support calls,we will follow the priority categorizations below. These categories are assigned based on your determinationof the severity of the Defect and our reasonable analysis.If you believe a priority categorization needs to be updated,you may contact us again,via the same methods outlined above, to request the change. In each instance of a Priority 1 or 2 Defect,prior to ?nal Defect correction,the support team may offer you workaround solutions,including patches,configuration changes,and operational adjustments,or may recommend that you revert back to the prior version the Tyler New World So?ware pendingDefect correction. (a)Priority 1:An Defectthat renders the Tyler New World Softwareinoperative;or causes the Tyler New World Softwareto fail eatastrophieally. A?er initial assessment of the Priority I Defect,if required,we shall assign a quali?ed product technical specialist(s)within one business (1)hour.The technical specialist(s)will then work to diagnose the Defect and to correct the Defect,providing ongoing communication to you concerning the status of the correction untilthe Tyler New World So?ware is operationalwithout Priority 1 defect. The goal for correcting a Priority 1 Defect is 24 hours or less. (b)Priority 2:A Defectthat substantially degrades the pejbrmance ofthe Tyler New WorldSo?ware,but does not prohibit your use ofthe Tyler New WorldSoftware.- We shall assign a qualifiedproduct technical specialist(s)within four (4)businesshours of our receipt of your notice.The product technical specialist will then work to diagnose and correct the Defect.We shall work diligently to make the correction,and shall provide ongoing communicationto you concerning the status of the correction until the Tyler New World So?ware is operational without Priority 2 Defect. The goal for correcting a Priority 2 event is to include a correction in the next Tyler New World Software release. (c)Priority 3:A Defectwhich causes only a minor impact on the use ofthe Tyler New WorldSo?ware. We may include a correction in subsequentTyler New World So?ware releases. Page 159 of 252 ..E:E?.tytel?cgies Exhibit 4 Tyler New World Statement of Work We will deliver the services set forth in the Tyler New World Investment Summary as set forth in the Amendment and,as applicable,as further detailed in this Statement of Work.Except as expressly stated in the Amendment,none of the services we provide you under this Statement of Work are servicesrelated to hardware or third-partyproducts. Whenever possible,we will provide services remotely so as to control travel expenses.All service fees and expenses are payable according to the Exhibit 2. Page 160 of 252 tyler O technologies Schedule 1 Tyler New World Professional Services 1.Project Management Services We shall act as Project Manager to assist you in implementingthe Tyler New World So?ware.Project Management Services include: a)Developingan ImplementationPlan; c)Providing revised ImplementationPlans (if required); d)Providi.ngmonthly project status reports;and e)Facilitating project status meetings 0 a project review (kickoff)meeting at your location -progress status meeting(s)during implementationvia telephoneconference or at your location;and -a project close-out meeting at your locationto conclude the project. t)Consultation with other vendors or third parties,if necessary. 2.Implementation and Training Support Services Implementation and training support services have been allocated for this project as described in the Tyler New World Investment Summary.Avoiding or minimizing custom or modi?ed features will aid in keeping the support costs to the amount allocated.The recommended implementationand training support services include: a)implementation of the Tyler New World Softwa.re;and b)Training you or assisting with your training on the Tyler New World So?ware. The project management,implementation and training support services provided by us may be performed at your premises a.nd/orat our headquartersin Troy,Michigan (e.g.,portionsof project management are performedin Troy). 3.Interface and/or Fixed Installation Services We shall provide interface installation services as describedin the Tyler New World Investment Summary. Page 161 of 252 .tyler technologies Schedule 2 Tyler New World Data File Conversion Assistance We will provide conversion assistance to you to help convert the existing data ?les speci?ed below.If additional?les are identi?ed a?er the contract execution,estimates will be provided to you prior to us beginning work on those newly identi?ed ?les. General 1)This conversion effort includes data comingfrom one unique data source,not multiple 2) sources. No data cleansing,consolidationof records,or editing of data will be part of the data conversioneffort.Data cleansing,removal of duplicate records,and editing must take place by you prior to providing the data to us. Our Responsibilities 1) 2) 3) 4) 5) 6) We will provide you with a conversion design document for signoff prior to beginning development work on the data conversion.No conversion programmingby us will commence until you approve this document. We will provide the data conversionprograms to convert your data from a single data source to the Tyler New World Software for the speci?ed ?les that contain 500 or more records. As provided in the approved project plan for conversions,we will schedule a conversion analysis trip and a separate data conversion testing trip to your location.The conversion testing trip for each application is a billable support trip,using standarddaily billable rates,which is scheduledin conjunction with the delivery of the converted data to you. We will provide you up to 3 test sets of the converted data.Additionaltest sets requested may/will requireadditional conversion costs. We will provide the standard conversion record layouts to you and convert the available data elements de?ned in the standard conversion record layouts. Up to seven years of historic data will be converted by us. Client Responsibilities 1) 2) 3) 4) 5) You will provide data in standard conversion record layouts as provided by us. Submitted data ?les must include an accurate count of records contained in the ?les. Data will be submitted to us in one of the following formats:AS/400?les,Microsoft SQLServer database,Microso?Access database,Microsoft Excel Spreadsheet,or an ASCII-format delimitedtext ?le.Data and databases will be transferred using the New World ftp site. You understand that ?les or tables containing less than 500 records or table entries will not be converted. As provided in the project plan for conversions,you will provide a dedicatedresource in each applicationarea to focus on conversion mappingand testing.This includes dedicating a support person(s)whenever our staff is on site regarding conversions. Roughly a one to one commitmentexists for your commitment and our commitment. You understand that thorough and timely testing of the converteddata by your personnel is a key part of a success?il data conversion. You agree to promptlyreview conversion deliveriesand signoffon both the conversion Page 162 of 252 design document and on the ?nal conversion after the appropriate review.Applying the converted data to the production (Live)environmentwill constitute conversion acceptance by you. 6)If you cannot provide data hi the format de?ned in our standard conversion record layouts then we will map the data to our standard conversion record layout at the Daily Rate.You must provide complete ?le and ?eld de?nitionsfor us to map the data. Only one data source for each of the ?les described in the Tyler New World Investment Summary. Page 163 of 252 .tyler technologies AMENDMENT This amendment (“Amendment")is made this day of ,2019 by and between Tyler Technologies.Inc.,with offices at One Tyler Drive,Yarniouth,Maine 04096 (“Tyler”)and the City of Englewood,with offices at 1000 Englewood Parkway,Englewood,Colorado 801 10 (“Client”). WHEREAS,Tyler and the Client are panics to an agreement dated February 2,2016,as modi?ed by subsequent amendment(“Agreement”);and WHEREAS,Tyler and Client desire to amend the terms of the Agreement as provided herein. NOW THEREFORE,in considerationof the mutual promises hereina?er contained,Tyler and the Client agree as follows: 1.Removing SaaS.The Tyler Software as a Service (SaaS)modules set forth below are hereby removed as of the respective dates set forth below. Third Party Document Imaging (1/4/2013) Tyler Cashieting (2/2/2015) COBRA Billing Administration(7/4/2017) Bene?ts Tracking (Non-Employee)(10/4/2018) Workers Compensation Admin (10/4/2018) Third Party Applicant Interface (10/4/2018) Workers Compensation Admin (10/4/2018) Employee Event Tracking (10/4/2018) eSuite Base (l0/4/2018) ePersonnel Suite (10/4/2018) '~"="'.="".°7"'.‘"P-.°.°‘.“' 2.Reducing Sans Fees.In recognition of the removal of the SaaS modules set forth above,Client's annual SaaS fees payment obligation for the term commencing January 4,2019 shall be reduced to $101,279,for a quarterly payment of $25,320. 3.Reissuing Invoices.In recognition of the removal of the Saas modules set forth above,Invoice No.045449109,dated January 5,2019,and Invoice No.045458656,dated April 5,2019,are hereby voided in their entirety.Tyler shall ieissue those invoices to re?ect the removal of the SaaS identi?ed above. 4.Issuing Credit.In recognition of the SaaS fees paid to Tyler for the SaaS modules removed above,Tyler hereby issues to Client a credit of $50,073.Client may apply such credit,in its discretion,to any fees due to Tyler under the Agreement. 5.This Amendment shall be governed by and construed in accordancewith the terms and conditions of the Agreement. 6‘All other terms and conditions of the Agreement shall remain in full force and e?eet. Page 164 of 252 IN WITNESS WHEREOF ,the pamcshereto have executed 1111:Amendment as of Lhc dates set forth below. Tyler Technologies,Inc.City of Englewood By:By:, Name: Title: Date: Page 165 of 252 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dorothy Hargrove DEPARTMENT: City Manager's Office DATE: August 5, 2019 SUBJECT: Englewood Employee Association Collective Bargaining Contract, 2020-2022 DESCRIPTION: Englewood Employee Association Collective Bargaining Contract, 2020-2022 RECOMMENDATION: Approval, by motion, of the attached Collective Bargaining Agreement endorsed by the Englewood Employee Association membership for fiscal years 2020 - 2022. SUMMARY: The Englewood Home Rule Charter, Article XV, 137.1 states: "It is the public policy of the people of the City of Englewood to promote harmonious, peaceful and cooperative relationships between the elected and appointed officials of the City and the members of the classif ied services..." Negotiations between the Association leadership and the City administration were held during the month of June. Agreements were reached on all points and the final document was approved by a majority vote of the members of the Englewood Employee Association. This contract ensures a fair, competitive and attractive package for City employees and meets the fiscal and management requirements of the City. All parties were pleased that the expense, time and uncertainty of potential arbitration would be avoided by timely approval of this contract. ANALYSIS: Key points of this agreement include: • Three (3) year term, ensuring fiscal and administrative continuity and eliminating the time and expense of biennial negotiations • Consolidation of various leave programs into a comprehensive Paid Time Off structure, consistent with other employee groups in the City • Limitation on the total amount of accumulated leave and associated expenses when employees retire or leave the City for other employment • Standardization of an annual wage increase for predictability in budgeting, recruitment and retention of employees. • Clarification of grievance procedures FINANCIAL IMPLICATIONS: The personnel expenses associated with this contract are consistent with past expenditures and will be incorporated into the 2020 General Fund budget. Page 166 of 252 CONCLUSION: Approval, by motion, of the attached Collective Bargaining Contract endorsed by the Englewood Employee Association membership. ATTACHMENTS: EEA Collective Bargaining Agreeement Page 167 of 252 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO and THE ENGLEWOOD EMPLOYEES ASSOCIATION JANUARY 1, 2020 -DECEMBER 31, 2022 Page 168 of 252 Page 169 of 252 Page 170 of 252 Page 171 of 252 Page 172 of 252 Page 173 of 252 Page 174 of 252 Page 175 of 252 Page 176 of 252 Page 177 of 252 Page 178 of 252 Page 179 of 252 Page 180 of 252 Page 181 of 252 Page 182 of 252 Page 183 of 252 Page 184 of 252 Page 185 of 252 Page 186 of 252 Page 187 of 252 Page 188 of 252 Page 189 of 252 Page 190 of 252 Page 191 of 252 Page 192 of 252 Page 193 of 252 Page 194 of 252 Page 195 of 252 policy changes will be immediately forwarded to the EEA for distribution. ARTICLE 33. EXCLUSIVENESS OF CONTRACT The City and the EEA agree that the terms and conditions herein contained constitute the entire Contract between the Parties. The City and the EEA agree that all negotiable items have been discussed during the negotiations leading to this Contract and, therefore, agree that negotiations will not be reopened on any item during the term of this Contract, except by mutual agreement of the Parties. The City of Englewood, through its authorized representative whose signature appears below, accepts the terms and conditions of this Collective Bargaining Agreement for the period January 1, 2020 through December 31, 2022. THE CITY OF ENGLEWOOD, COLORADO By: Signature Date Printed Name Title The Englewood Employees Association, through its authorized representative whose signature appears below, accepts the terms and conditions of this Collective Bargaining Agreement for the period January 1, 2020 through December 31, 2022. ENGLEWOOD EMPLOYEES ASSOCIATION By: -30-Cr Date Printed Name 26 Page 196 of 252 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: August 5, 2019 SUBJECT: Approval of Change Order with Presidio Networked Solutions Group for Police Headquarters Building DESCRIPTION: Approval of Change Order with Presidio Networked Solutions Group for Police Headquarters Building RECOMMENDATION: Staff recommends approval of Change Order No. 3, in the amount of $25,819.46, to furnish and install video cameras and wiring for surveillance for Phase 2 (parking lot construction) of the Police Headquarters Building, with Presidio Networked Solutions Group. PREVIOUS COUNCIL ACTION: A contract with Presidio, in the amount of $87,719.88 to furnish & install a video camera surveillance system in the Police Headquarters Building, was approved by the City Council on December 17, 2018. SUMMARY: Since approval of the contract with Presidio in December 2018, two change orders have been approved by staff. Change Order No. 3 is being brought before the City Council for approval in accordance with the city's Procurement Policy since it exceeds the cumulative 10% limit for change orders. ANALYSIS: This work is associated with Phase 2 of the police department construction, (parking lot). Presidio will furnish and install video cameras, wiring and a video analytics controller for video security surveillance within the parking lot. The cameras will be monitored by Police staff. Costs for this change order were anticipated in the project budget but the detailed design and costs of the parking lot system were not known when the contract was approved. Another change order is being considered at the August 5 meeting with National Network Services, Inc. (NNSI) for the fiber and cabling to connect the video surveillance cameras into the building. A change order with Security Central was approved at the July 19, 2019 meeting for security access for the parking lot. FINANCIAL IMPLICATIONS: Per the City's Procurement Policy, if the total of all change orders exceeds $100,000 or 10% of the original contract, the City Council must approve the change order. Page 197 of 252 The City Council approved a contract with Presidio on December 17, 2018 in the amount of $87,719.88. Therefore, change orders totaling 10% or more of this amount ($8,771.99) are required to be approved by the City Council. Two change orders (No. 1 and No. 2) were approved by staff.These two totaled $6,889.40 and, thus, did not meet the 10% threshold. Change Order No. 3, in the amount of $25,819.46, has not yet been approved or installed. Change Order Amount Accumulated Amount Change Order No. 1 $6,984.72 $6,984.72 Change Order No. 2 ($95.32) $6,889.40 Change Order No. 3 $25,819.46 $32,708.86 Staff is requesting that City Council approve Change Order No. 3,in accordance with the City's Procurement Policy. $60,000 was allocated in the Police Headquarters Building budget for security-related items within the parking lot. Three contract pieces comprise this work: Vendor/Service Change Order Amount for Parking Lot Security Security Central/electronic card access at two vehicle gates and one man gate $17,814.56 Presidio / video surveillance cameras $25,819.46 NNSI / fiber and cabling of video cameras & security gates $19,680.05 Total $63,314.07 Budget $60,000.00 Net Overage ($3,314.07) The additional $3,314.07 will be taken from savings in other areas of the project. ALTERNATIVES: These items are necessary to provide video surveillance of the secured parking lot. The alternative is to not have security surveillance within the adjacent parking lot. CONCLUSION: Staff recommends approving Change Order No. 3 in the amount of $25,819.46 with Presidio Networked Solutions Group. ATTACHMENTS: Change Order Summary Contract Approval Summary Police Headquarters Fund Summary Presidio Change Order No. 3 Page 198 of 252 Contract Summary - Presidio Networked Solutions Group Base Contract Amount $87,719.88 Change Order No. 1 $6,984.72 $6,984.72 $94,704.60 Initial bid did not include nine (9) cameras needed for building layout & security Change Order No. 2 ($95.32)$6,889.40 $94,609.28 Credit for one camera that was not needed Change Order No. 3 $25,819.46 $32,708.86 $120,428.74 Provide & install video cameras, wiring and video analytics controller for surveillance within the parking lot (Phase 2) Total $32,708.86 $8,771.99 Change Order Amount Accumulated Total Change Order Amount Accumulated Total Contract Amount Description Max. staff change order authorization (10% of original contract) =Page 199 of 252 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: Maria D’Andrea Phone: 303-762-2506 Title: Director of Public Works Email: mdandrea@englewoodco.gov Vendor Contact Information Vendor Name: Presidio Networked Solutions Group Vendor Contact: Doug Fischella Vendor Address: 1400 16th Street Vendor Phone: 503-594-0377 City: Denver Vendor Email: dfischella@presdio.com State: CO Zip Code: 80202 Contract Type Contract Type:Contractural Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☐Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: December 2018 End Date: December 2019 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $ If Amended: Original Amount $87,719.88 Amendment Amount $32,708.86 Total as Amended: $120,428.74 Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Milestone Description/Progress Payment: 1) Upon PO release: 50% 2) Camera Install: 25% 3) Completion: 25% Attachments: Furnish and install video surveillance cameras in the parking lot of the Police Headquarters Building (Phase 2 of the project). Page 200 of 252 Contract Approval Summary V10/25/2017 Page | 2 ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Source of funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor: ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of proposed awardee ☐RFP: ☐ RFP Evaluation Summary attached ☐ RFP Response of proposed awardee ☐Quotes: Copy of Quotes attached ☐Sole Source: Explain Need below ☒Other: Please describe CAPITAL ONLY A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining Capital 2019 34 1101 003 Technology & Equipment 761,442.58$ 542,736.13$ 25,819.46$ 192,886.99$ -$ -$ Total by Fund and Current Year 761,442.58$ 542,736.13$ 25,819.46$ 192,886.99$ C 2020 -$ -$ -$ -$ O 2020 -$ -$ -$ -$ Total by Fund and Next Year -$ -$ -$ -$ Grand Total 761,442.58$ 542,736.13$ 25,819.46$ 192,886.99$ NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment - Prior Month Project Status and Fund Balance Report CAPITAL & OPERATING EXPENSE Change order Page 201 of 252 A B C A+B+C D E D+E A+B+C-D-E Fund Bal.Budget New World Project Carry Fwd.2019 BUDGET Amend REVISED 2019 2019 TOTAL APPROP. Project Task #PROJECT End Date 12/31/2018 Approp.Amendments Notes BUDGET EXPEND.ENCUMB.EXP. AND ENC.BALANCE 34 1101 001 Police Building Administration Ongoing 239,531.62 - 40,924.44 280,456.06 175,590.70 104,204.06 279,794.76 661.30 34 1101 002 Police Building Construction Ongoing 4,234,362.75 - 597,634.00 4,831,996.75 2,680,365.72 1,263,156.77 3,943,522.49 888,474.26 34 1101 003 Police Building Tech & Equip Ongoing 704,397.53 - 57,045.05 761,442.58 542,736.13 218,706.45 761,442.58 - 34 1101 004 Police Building Furniture, Fixtures & Equip Ongoing 499,677.63 - 37,862.81 537,540.44 535,258.21 2,282.23 537,540.44 - 34 1101 005 Police Building Contingency Ongoing 519,388.71 3,026,625.23 (1,810,450.81) 1,735,563.13 - - - 1,735,563.13 34 1101 006 Police Armored Vehicle Ongoing (47,670.00) 67,159.77 3,953.06 23,442.83 23,442.83 - 23,442.83 - 34 1101 007 Fox Building Annex 2019 - 1,694,234.00 (300,000.00) 1,394,234.00 - - - 1,394,234.00 34 1101 008 Police Records Management System 2019 (79,470.94) 530,156.71 115,910.00 566,595.77 12,605.01 553,990.76 566,595.77 - 34 1101 009 Police Radio System 2019 (475,912.55) 504,382.10 120.45 28,590.00 22,895.00 5,695.00 28,590.00 - 34 1101 010 Other Police Equipment 2019 (69,654.00) 74,732.06 146,715.00 151,793.06 - - - 151,793.06 34 1101 011 Parking Lot Canopies & Equipment 2019 - - 749,236.00 749,236.00 - 749,236.00 34 1101 012 Jefferson Fire Station Sprinkler System 2019 - - 180,000.00 180,000.00 - 180,000.00 34 1101 013 Ballistic Film 2019 - - 181,050.00 181,050.00 - 181,050.00 TOTAL 5,524,650.75 5,897,289.87 - - 11,421,940.62 3,992,893.60 2,148,035.27 6,140,928.87 5,281,011.75 Distribution: 2019 Actual 2019 Est Remaining Expenditures (from above)6,140,928.87 K. Engels, Finance J. Nolan, Revenue Revenues: Net income (loss)(5,980,793.97) D. Hargrove, Library B. Power, CD Interest Income 160,134.90$ 160,134.90$ -$ Fund Balance - 1/1/18 11,421,940.62 D. Lee, Recreation B. Spada, Recreation Total revenues 160,134.90 160,134.90 - Plus: Remaining Revenue Balance - P. Weller, PW Less: Appropriation Balance (5,281,011.75) Less: Proj Bal Adj for Negative - Fund Balance - unappropriated 160,134.90$ POLICE HEADQUARTERS FUND PROJECT STATUS AND FUND BALANCE REPORT May 31, 2019 2019 ACTIVITY POLICE BLDG-19.xlsx 2:34 PM 7/26/2019Page 202 of 252 2003219905937-01QUOTE: 06/26/2019DATE: PAGE:1 of 3 FROM:Presidio Networked Solutions Group, LLC Megan Watkins 1400 16th Street Suite 400 Denver, CO 80202 mwatkins@presidio.com (p) 480.719.2869 TO:City of Englewood Jeromy King 1000 Englewood Pkwy Englewood, CO 80110 jking@englewoodco.gov (p) 303-434-7471 SHIP TO:City of Englewood Jeromy King 2800 S Platte Rive Dr Servicenter Public Works Englewood, CO 80110 jking@englewoodco.gov (p) 303-434-7471 BILL TO:City of Englewood Procurement Division 1000 Englewood Pkwy Central Receiving- Public Works Englewood, CO 80110 EnglewoodAP@englewoodco.gov (p) (303) 762-2412 Megan Watkins Michael Beck Title: Inside Sales Rep: Account Manager: Phase 2 Video Surveillance Customer#:CITYE006 #Part #Description Unit Price Ext PriceQty Equipment 1 8.0-H4A-BO1-IR-B 4K UHD (8.0 Megapixel), 4.3-8mm f/1.8 P-iris lens, Integrated IR, Self-Learning Video Analytics 10.00 $10,588.20$1,058.82 2 H4-BO-JBOX1 Junction box for the H4A HD Bullet, H4SL HD Bullet, or H4 Thermal cameras.10.00 $635.30$63.53 3 H4-MT-POLE1 Pole mount adapter for use with H4A-MT-WALL1, H4-BO-JBOX1, H4SL, H4F, H4 PTZ, H4 IR PTZ and H4 Multisensor cameras. 1.00 $63.53$63.53 4 MCLS1-P1N-WNN-B 10/100 MEDIA CONVERTER WITH SFP PORT 10.00 $1,844.00$184.40 5 DR-75-48 75W/16A, 48 VDC, W/UNIVERSAL 85-264 VAC 10 $859.30$85.93 6 SFP-MM1A-D SFP-MM1A-D 10/100 SFP WITH LC CONNECTOR (SINGLE STRAND MULTIMODE) 10.00 $838.00$83.80 7 MCLN1-P1N-WNA-B IND STND-ALN 100MBPS ET MED CN 10.00 $1,272.70$127.27 8 SFP-MM1B-D SFP-MM1B-D 10/100 SFP WITH LC CONNECTOR (SINGLE STRAND MULTIMODE) 10.00 $838.00$83.80 9 FR2-12-NNN-B FR2-12-NNN-B Passive Rack 1.00 $85.93$85.93 $17,024.96Total (Equipment): Services 10 PS-SVC-FF Fixed Fee for Presidio employee labor 1.0000 $961.13$961.13 Project StartDeliverable: 11 PS-SVC-FF Fixed Fee for Presidio employee labor 1.0000 $2,883.37$2,883.37 Project ClosureDeliverable: 12 PS-SVC-FF Fixed Fee for Presidio employee labor 1.0000 $4,950.00$4,950.00 Equipment InstallationDeliverable: Page 203 of 252 2003219905937-01QUOTE: 06/26/2019DATE: PAGE:2 of 3 $8,794.50Total (Services): Sub Total:$25,819.46 Grand Total:$25,819.46 Page 204 of 252 2003219905937-01QUOTE: 06/26/2019DATE: PAGE:3 of 3 Quote valid for 30 days unless otherwise noted. Additional Terms The following terms and conditions shall govern this agreement unless a valid Master Services & Product Agreement or other similar agreement (“Master Agreement”) between the parties has been executed and is in force, in which case the terms of the Master Agreement shall prevail to the extent that they are inconsistent with the following terms and conditions. 1. Purchase Orders, Invoicing, Payment and Acceptance. Any purchase order submitted by CLIENT in connection with this agreement shall be deemed subject to these Additional Terms and this agreement. Unsigned, electronically submitted purchase orders shall be deemed to include CLIENT’s electronic signature and shall be binding to the extent accepted by Presidio. Presidio’s performance of such purchase order shall not constitute Presidio’s acceptance of new or different terms, including pre-printed terms on such order. In absence of a purchase order, CLIENT agrees that its signature below grants Presidio the right to invoice CLIENT and authorizes payment to Presidio for the amounts owed. Further, CLIENT represents that Presidio can rely on such CLIENT signature for payment. Presidio shall invoice CLIENT for the Products and/or Services in accordance with the terms stated in the agreement. The price included herein reflects a 3% discount for payment by cash, check or wire transfer. This discount will not apply in the event that CLIENT pays using a credit card or debit card. CLIENT shall make payment to Presidio within thirty (30) days from the date of invoice. Except for taxes due on Presidio’s net income, CLIENT shall pay all taxes. Presidio reserves the right to bill CLIENT for additional work requested by CLIENT and performed by Presidio, and for applicable expenses incurred by Presidio pursuant to providing such additional services, which are not described in this agreement. Client understands and agrees to its obligation, that applicable sales tax will apply to the quoted services on a by site location basis. Unless otherwise indicated in this agreement, CLIENT agrees that staff augmentation services and services performed on a time and materials basis shall be deemed accepted as performed. Unless otherwise indicated in this agreement, Projects shall be deemed accepted upon the earlier of Presidio’s receipt a signed Project Completion and Acceptance document which has been signed and dated by an authorized representative of CLIENT, or thirty (30) calendar days from the date of the delivery of the final Project deliverable. If acceptance is refused, the Client shall provide, in writing to Presidio, its reasonable basis for refusal, prior to the expiration of the thirty (30) calendars day period. Presidio shall address the issue before subsequent work is undertaken. 2. Shipment of Product. All Products delivered to CLIENT hereunder shall be shipped FOB origin, freight collect. Title and risk of loss shall pass to CLIENT at point of origin. Products shall be deemed accepted upon delivery. 3. Limitations of Warranties. Presidio warrants that Services shall be provided by competent personnel in accordance with applicable professional standards. ALL PRODUCTS PROVIDED BY PRESIDIO ARE PROVIDED “AS IS”, WITH ALL FAULTS. PRESIDIO MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL ORIGINAL EQUIPMENT MANUFACTURER (OEM) WARRANTIES, CERTIFICATIONS AND GUARANTEES, IF ANY, ARE PASSED THROUGH TO CLIENT. 4. Intellectual Property. CLIENT acknowledges that Presidio, its vendors, and/or its licensors retain all patents and/or copyrights in and to all proprietary data, processes and programs, if any, provided in connection with Services performed hereunder; any Presidio software provided to CLIENT as part of the Services provided shall be subject to the vendor's, licensor’s or OEM’s copyright and licensing policy. To the extent such software is prepared by Presidio, it is provided by nontransferable, nonexclusive license for CLIENT'S internal use only, subject strictly to the terms and conditions of this Agreement, and shall terminate upon termination or expiration of this Agreement. CLIENT shall not duplicate, use or disclose for the benefit of third parties, reverse engineer or decompile any such software. 5. Confidential Information. The parties agree that Confidential Information means any information disclosed by the disclosing party to the receiving party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including without limitation documents, prototypes, samples, plant and equipment, “CLIENT” lists or other “CLIENT” information not known to the public), which is designated as "Confidential," "Proprietary" or some similar designation, or is the type of information which should reasonably be recognized as Confidential or Proprietary. The receiving party shall not use any Confidential Information of the disclosing party for any purpose except to evaluate and engage in discussions concerning this Proposal. Each party agrees to protect the other party’s Proprietary and Confidential Information to the same extent that it protects its own Proprietary and Confidential Information but with no less than a reasonable degree of care. 6. Limitation of Liability. IN NO EVENT SHALL PRESIDIO BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRESIDIO’S ENTIRE LIABILITY AND CLIENT’S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE OR MISREPRESENTATION, AND REGARDLESS OF THE FORM OF ACTIONS, SHALL BE LIMITED TO THE AMOUNT WHICH HAS BEEN ACTUALLY PAID TO PRESIDIO BY CLIENT FOR SERVICES AND/OR PERFORMANCE HEREUNDER. Without limiting the foregoing, Presidio will have no responsibility for the adequacy or performance of (in) any third party software provided to Presidio under this agreement; (ii) any hardware, and (iii) any services provided by any third party. 7. Non-Solicitation Provision. During the term of this agreement and for twelve (12) months thereafter, CLIENT will not solicit for a permanent or other position any employee or subcontractor of the other party to whom that party was introduced as a result of this agreement. Should CLIENT solicit and/or hire an employee or contractor from PRESIDIO, CLIENT shall pay to PRESIDIO an administrative fee equal to 1 year’s salary of the employee’s new salary at CLIENT. 8. Export Law Compliance. CLIENT has been advised that all Products purchased hereunder and Presidio Confidential Information is subject to the U.S. Export Administration Regulations. CLIENT agrees to comply with all applicable United States export control laws, and regulations, as from time to time amended, including without limitation, the laws and regulations administered by the United States Department of Commerce and the United States Department of State. 9. Force Majeure. Neither party shall be liable for any failure or delay in performance of its obligations hereunder where such performance is prevented or delayed by causes beyond its reasonable control, including without limitation, flood, war, embargo, strike or other labor dispute, riot, acts of God or the intervention of any government authority. 10. Choice of Law and Venue. The parties will attempt to settle any claim or controversy arising under this agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. This agreement and all matters relating thereto shall be governed exclusively by the substantive law of the State of Texas. Any dispute relating directly or indirectly to this agreement or any other contract or agreement between the parties which cannot be resolved through the process of consultation and negotiation shall be brought in a court of competent jurisdiction in Dallas County, Texas, that being the exclusive venue for any dispute between or any claims held by any of the parties to this agreement. 11. Miscellaneous. This agreement constitutes the entire agreement of the parties and supersedes all prior written or oral agreements, representations and understandings relating to the subject matter hereof, with the exception of a valid Master Services and Product Agreement between the parties under the terms of which this agreement shall be incorporated. This agreement shall not be amended or modified except by written instrument signed by the parties. Should additional work beyond the scope of the Services detailed herein by Presidio be requested by CLIENT, fees for such additional Services will be negotiated with CLIENT prior to performing such work and will be memorialized in writing between the Parties by utilizing a Project Change Request form (“PCR”) or an additional agreement as appropriate. Presidio will invoice CLIENT for any additional work performed and expenses incurred which are not described in this agreement. The Parties agree that neither may assign its rights or duties under this contract without the prior written consent of the other Party, which consent shall not be unreasonably withheld. 12. Severability. The provisions of this Agreement are severable. If any provision of this Agreement or its application to any person or circumstance is ever held by any court of competent jurisdiction to be invalid for any reason, the remainder of this Agreement and the application of such provision or part of this Agreement to other persons or circumstances shall not be affected. Customer hereby authorizes and agrees to make timely payment for products delivered and services rendered, including payments for partial shipments Customer Signature Date Page 205 of 252 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: August 5, 2019 SUBJECT: Approval of Change Order with NNSI for Police Headquarters Building DESCRIPTION: Approval of Change Order with NNSI for Police Headquarters Building RECOMMENDATION: Staff recommends approval of Change Order No. 3, in the amount of $19,680.05, to furnish and install network cabling for Phase 2 (parking lot construction) of the Police Headquarters Building, with National Network Services, Inc. (NNSI). PREVIOUS COUNCIL ACTION: A contract with NNSI, in the amount of $155,233.29 to furnish & install network cabling in the Police Headquarters Building, was approved by the City Council on August 20, 2018. SUMMARY: Since approval of the contract with NNSI in August 2018, two change orders have been approved by staff. Change Order No. 3 is being brought before the City Council for approval in accordance with the city's Procurement Policy since it exceeds the cumulative 10% limit for change orders. ANALYSIS: This work is associated with Phase 2 of the police department construction, (parking lot). NNSI will furnish and install the necessary network cabling for the video security surveillance and the electronic gate access within the parking lot. Costs for this change order were anticipated in the project budget but the detailed design and costs of the parking lot system were not known when the contract was approved. Another change order is being considered at the August 5 meeting with Presidio for the video surveillance cameras in the parking lot. A change order with Security Central was approved at the July 19, 2019 meeting for security access for the parking lot. FINANCIAL IMPLICATIONS: Per the City's Procurement Policy, if the total of all change orders exceeds $100,000 or 10% of the original contract, the City Council must approve the change order. Page 206 of 252 The City Council approved a contract with NNSI on August 20, 2018 in the amount of $155,233.29. Therefore, change orders totaling 10% or more of this amount ($15,523.33) are required to be approved by the City Council. Two change orders (No. 1 and No. 2) were approved by staff.These two totaled $8,937.66 and, thus, did not meet the 10% threshold. Change Order No. 3, in the amount of $19,680.05, has not yet been approved or installed. Change Order Amount Accumulated Amount Change Order No. 1 $5,335.29 $5,335.29 Change Order No. 2 $3,602.37 $8,937.66 Change Order No. 3 $19,680.05 $28,617.71 Staff is requesting that City Council approve Change Order No. 3,in accordance with the City's Procurement Policy. $60,000 was allocated in the Police Headquarters Building budget for security-related items within the parking lot. Three contract pieces comprise this work: Vendor/Service Change Order Amount for Parking Lot Security Security Central/electronic card access at two vehicle gates and one man gate $17,814.56 Presidio / video surveillance cameras $25,819.46 NNSI / fiber and cabling of video cameras & security gates $19,680.05 Total $63,314.07 Budget $60,000.00 Net Overage ($3,314.07) The additional $3,314.07 will be taken from savings in other areas of the project. ALTERNATIVES: These items are necessary to provide network cabling for the video surveillance & electronic gate access within the secured parking lot. The alternative is to not have cameras or electronic gates within the parking lot. CONCLUSION: Staff recommends approving Change Order No. 3 in the amount of $19,680.05 with NNSI. ATTACHMENTS: Change Order Summary Contract Approval Summary Police Headquarters Fund Summary NNSI Change Order No. 3 Page 207 of 252 Contract Summary - Presidio Networked Solutions Group Base Contract Amount $155,233.29 Change Order No. 1 $5,335.29 $5,335.29 $160,568.58 Network cabling modifications requested by IT staff including cable from data room to fire alarm control panel Change Order No. 2 $3,602.37 $8,937.66 $164,170.95 Temporary cabling for Viper 911 system; additional cables in A/V closet; cable drop to emergency phone in vestibule Change Order No. 3 $19,680.05 $28,617.71 $183,851.00 Provide & install video cameras, wiring and video analytics controller for surveillance within the parking lot (Phase 2) Total $28,617.71 $15,523.33 Change Order Amount Accumulated Total Change Order Amount Accumulated Total Contract Amount Description Max. staff change order authorization (10% of original contract) =Page 208 of 252 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: Maria D’Andrea Phone: 303-762-2506 Title: Director of Public Works Email: mdandrea@englewoodco.gov Vendor Contact Information Vendor Name: M&A, LLC dba National Network Services, Inc. Vendor Contact: Bob Allehans Vendor Address: 6840 N Broadway, Suite F Vendor Phone: 720-636-3995 City: Denver Vendor Email: bob.applehans@nnsi.net State: CO Zip Code: 80221 Contract Type Contract Type:Contractural Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☐Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: August 7, 2018 End Date: December 2019 Total Years of Term: 1.5 Total Amount of Contract for term (or estimated amount if based on item pricing): $ If Amended: Original Amount $155,233.29 Amendment Amount $28,617.71 Total as Amended: $183,851.00 Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Net 30 with 5% retention Furnish and install network cabling for video surveillance system and gate access system from the parking lot to the Headquarters Building Page 209 of 252 Contract Approval Summary V10/25/2017 Page | 2 Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Source of funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor: ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of proposed awardee ☐RFP: ☐ RFP Evaluation Summary attached ☐ RFP Response of proposed awardee ☐Quotes: Copy of Quotes attached ☐Sole Source: Explain Need below ☒Other: Please describe CAPITAL ONLY A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining Capital 2019 NNSI 34 1101 003 Technology & Equipment 761,442.58$ 542,736.13$ 19,680.05$ 199,026.40$ Presidio 34 1101 003 Technology & Equipment 25,819.46$ -$ Total by Fund and Current Year 761,442.58$ 542,736.13$ 45,499.51$ 199,026.40$ C 2020 -$ -$ -$ -$ O 2020 -$ -$ -$ -$ Total by Fund and Next Year -$ -$ -$ -$ Grand Total 761,442.58$ 542,736.13$ 45,499.51$ 199,026.40$ NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment - Prior Month Project Status and Fund Balance Report CAPITAL & OPERATING EXPENSE Change order Page 210 of 252 A B C A+B+C D E D+E A+B+C-D-E Fund Bal.Budget New World Project Carry Fwd.2019 BUDGET Amend REVISED 2019 2019 TOTAL APPROP. Project Task #PROJECT End Date 12/31/2018 Approp.Amendments Notes BUDGET EXPEND.ENCUMB.EXP. AND ENC.BALANCE 34 1101 001 Police Building Administration Ongoing 239,531.62 - 40,924.44 280,456.06 175,590.70 104,204.06 279,794.76 661.30 34 1101 002 Police Building Construction Ongoing 4,234,362.75 - 597,634.00 4,831,996.75 2,680,365.72 1,263,156.77 3,943,522.49 888,474.26 34 1101 003 Police Building Tech & Equip Ongoing 704,397.53 - 57,045.05 761,442.58 542,736.13 218,706.45 761,442.58 - 34 1101 004 Police Building Furniture, Fixtures & Equip Ongoing 499,677.63 - 37,862.81 537,540.44 535,258.21 2,282.23 537,540.44 - 34 1101 005 Police Building Contingency Ongoing 519,388.71 3,026,625.23 (1,810,450.81) 1,735,563.13 - - - 1,735,563.13 34 1101 006 Police Armored Vehicle Ongoing (47,670.00) 67,159.77 3,953.06 23,442.83 23,442.83 - 23,442.83 - 34 1101 007 Fox Building Annex 2019 - 1,694,234.00 (300,000.00) 1,394,234.00 - - - 1,394,234.00 34 1101 008 Police Records Management System 2019 (79,470.94) 530,156.71 115,910.00 566,595.77 12,605.01 553,990.76 566,595.77 - 34 1101 009 Police Radio System 2019 (475,912.55) 504,382.10 120.45 28,590.00 22,895.00 5,695.00 28,590.00 - 34 1101 010 Other Police Equipment 2019 (69,654.00) 74,732.06 146,715.00 151,793.06 - - - 151,793.06 34 1101 011 Parking Lot Canopies & Equipment 2019 - - 749,236.00 749,236.00 - 749,236.00 34 1101 012 Jefferson Fire Station Sprinkler System 2019 - - 180,000.00 180,000.00 - 180,000.00 34 1101 013 Ballistic Film 2019 - - 181,050.00 181,050.00 - 181,050.00 TOTAL 5,524,650.75 5,897,289.87 - - 11,421,940.62 3,992,893.60 2,148,035.27 6,140,928.87 5,281,011.75 Distribution: 2019 Actual 2019 Est Remaining Expenditures (from above)6,140,928.87 K. Engels, Finance J. Nolan, Revenue Revenues: Net income (loss)(5,980,793.97) D. Hargrove, Library B. Power, CD Interest Income 160,134.90$ 160,134.90$ -$ Fund Balance - 1/1/18 11,421,940.62 D. Lee, Recreation B. Spada, Recreation Total revenues 160,134.90 160,134.90 - Plus: Remaining Revenue Balance - P. Weller, PW Less: Appropriation Balance (5,281,011.75) Less: Proj Bal Adj for Negative - Fund Balance - unappropriated 160,134.90$ POLICE HEADQUARTERS FUND PROJECT STATUS AND FUND BALANCE REPORT May 31, 2019 2019 ACTIVITY POLICE BLDG-19.xlsx 2:34 PM 7/26/2019Page 211 of 252 CITY OF ENGLEWOOD POLICE DEPARTMENT 7/16/2019 Technology Proposal National Network Services 6840 N. Broadway Suite F. Denver, CO 80221 Jeff Bowlus, RCDD Commercial Account Manager 720-737-4737 Page 212 of 252 City of Englewood Police Department National Network Services Confidential Page 1 City of Englewood Police Department T E C H N O L OG Y P RO P O S A L Table of Contents 1. Itemized Bill of Materials 2. Project Team Qualifications a. Team Members 3. Project Approach 4. Cost Proposal a. Labor and material b. Scope of work c. Clarifications/Assumptions 5. Acceptance of Proposal Page 213 of 252 City of Englewood Police Department Page 2 National Network Services Confidential City of Englewood Police Department T E C H N O L OG Y P RO P O S A L ITEMIZED BILL OF MATERIALS Cable quantity is broken out into total footage and unit price is $ per foot of cable. 6840 N. Broadway, Unit F Denver, CO. 80221 303-302-8422 303-302-1324 (Fax) Prepared by:Bob applehans Date:July 16, 2019 Prepared for:CBRE Subject:Englewood Police Dept. Confidentiality Statement This document contains proprietary information and is generated by National Network Services strictly for the use of the recipient. Contents may not be copied or used for any purpose other than for evaluation by the recipient. Any other use than that described above is prohibited unless authorized in writing by National Network Services. Manufacturer Part Number Item Description Quantity Unit Price Extended Price Horizontal Cabling 0 0 0 0 $0.00 $0.00 Corning 002T8F-31180-29 2 Fiber Freedom Cable Riser OM3 4000 $0.65 $2,595.17 Belden 6200UE010U1000 16/2 STR BC NS 4000 $0.26 $1,047.92 Corning 95-051-98-SP-X Multimode OM3 / OM4 LC Fiber Connectors 40 $5.10 $203.84 Corning CCH-CP24-E4 Multimode OM3 / OM4 24 Fiber LC Adapter Panel 1 $151.03 $151.03 Panduit CMDSAQLCZBL MM Minicom LC Duplex Adapters 10 $27.83 $278.32 Panduit CBXF6WH Minicom Multimedia / Fiber Surface Mount Box 10 $18.59 $185.92 Panduit FOASSY-DUPLC-LC 1M LC/LC OM3 Duplex Fiber Patch Cable 1Meter 10 $31.47 $314.72 Panduit FOASSY-DUPLC-LC 3M LC/LC OM3 Duplex Fiber Patch Cable 3Meter 10 $33.98 $339.81 Panduit UTPSP10BUY Cat6 Patch Cable 10FT 10 $6.72 $67.20 Panduit UTPSP20BUY Cat6 Patch Cable 20FT 10 $8.96 $89.60 Panduit CMBBL-X Minicom Blank 40 $0.17 $6.72 0 0 0 0 $0.00 $0.00 Access Control Cabling 0 WQC3270 22/6 OSP Cable (Card Reader)2000 $0.53 $1,052.80 Belden 6405 22/6 Cable Plenum (Card Readers)1000 $0.16 $155.38 Ditek DTK-4LVLPCR 22/6 Cable Lightning Protectors 3 $52.24 $156.71 Southwire #6 Green Ground Cable 30 $0.55 $16.46 Burndy YA6C2TC14 2 Hole Lugs 3 $2.70 $8.10 Page 214 of 252 City of Englewood Police Department National Network Services Confidential Page 3 1. PROJECT TEAM QUALIFICATIONS A. TEAM MEMBERS NNSI will provide 1 point of contact for the customer and CBRE to interact with during the construction process. NNSI will assign Jason Moody, RCDD as the senior level project manager to oversee this installation. Jason has nearly 20 years of structured cabling installation experience. Bob Applehans will be the assistant project manager as well as the on-site foreman for the project. Jason Moody, RCDD. Industry since 1996. Major Recent Projects Completed as Sr. Project Manager/Project Manager Include: • AECOM Millenium 2016. Cabling and DAS for new consolidation of regional offices in Greenwood Village. $1,000,000 • Centura Health Data Center Expansion 2015. Expansion of 2 regional data centers. $400,000 • UCD Academic Building 2014. 4 Story higher education facility. 500,000’ of Cat 6. $750,000 • Ralph Carr Justice Center 2013. 4 Story State courthouse and 12 story office support building. Responsible for structured cabling, access Control and CCTV. $4,000,000 • Denver’s hosting of the DNCC, 1.1 million feet of cable installed in less than 30 days including the deployment of 27 remote IDF’s with military grade fiber backbone and connectors. $1,000,000 Bob Applehans. Industry since 1995. Major Recent Projects Completed as project manager Include: • V/A Hospital. New hospital campus being built in Aurora, CO. $1.4 million. • Centura Health Data Center Expansion 2015. Expansion of 2 regional data centers. $400,000 • UCD Academic Building 2014. 4 Story higher education facility. 500,000’ of Cat 6. $750,000 • Via West Compark Data Center 2014. New Colocation facility in Englewood, CO. $250,000. • Platte Valley Medical Center 2006. New Hospital. $750,000 Page 215 of 252 City of Englewood Police Department Page 4 National Network Services Confidential 2. PROJECT APPROACH NNSI’s typical Project Approach is broken into a process where the steps in the process build on each other. The outline below details the process. 1. Estimation: An estimator is assigned to the project to review the Specifications & Drawings, then perform a “take off” to identify the required quantity of each material necessary to provide the required outcome to com. When the base materials list is complete, it is sent out to our distribution partner(s) to determine material pricing, availability, and potential VE opportunities. While our distribution partner(s) are providing unit pricing for the items on the list, NNSI’s management Team (VP of Sales, General Manager, Estimator and Ownership) meet to determine the specific installation labor costs associated with each item on the materials list based on: • Specifications • Drawings • Site specific (safety, Logistic, schedule, etc.) requirements • Historical efficiency with the proposed project team (EC/GC/Consultant/Owner) • Past experiences with similar projects. When all pricing and availability information is received from our distribution partner(s) it is input into an estimating tool which ranks each distribution partner based on price, availability, ease of doing business, and payment terms. Once again, our management team convenes to determine which distribution partner will be utilized for the project and the estimate is finalized for presentation to the customer. 2. Upon notification of award, an in-house “hand off” meeting occurs between estimation and operations after which: • Submittals are prepared • An area completion report is prepared detailing hours per task per IDF based on the estimate A GANTT Chart is created showing linked tasks per area/IDF to facilitate our initial 3 Week Look Ahead & Dependencies to commence work on site. • The latest project schedule is reviewed and coordinated with our GANTT Chart to insure our work flow expectations (materials orders) are in line with Project Work Flow requirements. • Material orders/delivery dates are prepared and coordinated with the respective vendors based on GANTT Chart work flow expectations. “Hot items” are identified and tracked weekly (minimum) with vendors. The EC, GC, NNSI and our distribution partner become a team within the greater project communicating & coordinating activities related to: • PLAN A dependencies, task, material, staff and tooling requirements as well as PLAN B dependencies in case there are delays regarding PLAN A. Thus, it enable all parties to Page 216 of 252 City of Englewood Police Department National Network Services Confidential Page 5 efficiently meet each other’s expectations/dependencies to complete the project on time and under budget. 3. Execution: consists of 5 primary actions: Planning, Inspection, Observations, Verifications & Examinations. a. Pre-Task planning is performed by the Site Superintendent & Lead for the crew assigned to the task prior to task commencement. Task planning consists of reviewing: safety risk assessment, task outcome expectations, tooling requirements, crew sizing, materials requirements and production expectations. b. Inspections will be performed during Pre-Task planning, installation and post installation by Site Superintendent and Crew Lead at minimum. This approach allows Issues to be discovered & remediated with minimal schedule & cost impact. c. Observations are performed by PM & Site Superintendent on a weekly (at minimum) basis with an Area Completion Report (ACR) generated from this observation. The ACR provides the customer a complete Project Update each week describing: Work Performed the previous week, Issues (RFI’s) that arose with their status, a 3 Week Look Ahead, Earned Value % of Labor complete, and a spreadsheet depicting the % complete for each task by IDF. This insures safety expectations, NNSI/EC/GC are all working toward the same goal on the same timeline & the intent of the design documents is being met. d. (See below from Last week, unfortunately there is no 3-week look ahead due to the project nearing completion.) - UCD STUDENT WELLNESS CENTER- Week Ending: April 29th, 2018 04-30-18 to 05-06-18 Planned Activities with Dependencies: • BIM 360 Field Punch Items. • 2nd Floor Furniture Terminations. Dependency: 5/1 furniture installation. • AV Closet DWC-2308E Terminations. Dependency: Coordinate w/Excite AV on termination requirements. Contract Change Requests: • 1st Floor Security Intercom Cabling • RFI#585- BAS Added Locations Outstanding Issues (GC/EC/Owner): Page 217 of 252 City of Englewood Police Department Page 6 National Network Services Confidential • None Request For Information (RFI) • None Project Labor Analysis: • MDF (TR-1) Work Completion Estimated At: 098% of Project Labor Complete • TR-2 Work Completion Estimated At: 099% of Project Labor Complete • TR-3 Work Completion Estimated At: 099% of Project Labor Complete e. Verifications are performed by PM & Site Superintendent on a weekly (at minimum) basis to validate reporting & testing documentation and minimize punch list items. f. Examinations are performed by PM & Site Superintendent on a weekly (at minimum) basis to insure all aspects of the installation meet the GC, Owner and NNSI expectations for quality and functionality. 4. Closeout: NNSI has a professional draftsman on staff. He carries the AUTODESK/AUTOCAD 2015 Professional & BICSI RCDD credentials. He also has 3 years’ experience working with REVIT files and 3D coordination. He will be responsible for in house coordination & production of the “Close Out Docs”. Close out docs will consist of: • Complete materials list showing manufacturer, part# & description. • Operating & Maintenance Manuals for all materials provided. • Fluke DSX Test Results for Copper and Fiber (Power Meter & OTDR). Test results will consist of a Summary sheet of all tests and individual test results for each cable/strand. • AS-BUILT drawings showing all cable numbers and pathways provided in an AUTOCAD 2017 or REVIT format based upon customer preference. Item Building Area PATHWAYS BUILTCLOSETS BUILT72SM to Arts 191 (OSP)72SM to AB1 (OSP)48SM to AB1 DAS PH (OSP)24SM To IDFs6OM1 To HLC/Hotel Fire Alarm (OSP)12OM350 Pair (OSP)50 Pair To IDFsV/D CABLE PLACED* Includes Routing & Sorting V/D CABLE TERMED (field)V/D CABLE TERMED (closet)V/D CABLE TESTEDCOB 008: LVL1,2,3 AddsCOB 033: LVL1,2,3 DeductsCOB 034: LVL1 TurnstilesRFI 205: LVL2,3 AddsRFI 347: LVL1,2,3 BAS and Mech AddsFITNESS ROOM ADDS: LVL3Punch List Review? Punch List Items CompletedAs-Built Drawings SubmittedTest Sheets Submitted?1 TR-1 (MDF)1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.95 0.95 0.95 0.95 1.00 1.00 1.00 1.00 1.00 2 TR-2 1.00 1.00 1.00 1.00 1.00 0.98 0.98 0.98 0.98 1.00 1.00 1.00 1.00 1.00 3 TR-3 1.00 1.00 1.00 1.00 1.00 0.98 0.98 0.98 0.98 1.00 1.00 1.00 1.00 1.00 4 AB1 TR-1A 1.00 1.00 5 AB1 DAS PH 1.00 6 HLC/Hotel FACP 1.00 7 Arts 191 1.00 {"1" = 100% Complete / "*" = Complete testing for cables terminated at drop locations} UCD Wellness Area Completion Report 4/29/2018 Subsystem Copper Horizontal CloseoutFiber BB Copper BB COBs Page 218 of 252 City of Englewood Police Department National Network Services Confidential Page 7 Close out docs will be provided in an electronic format. NNSI does not rely on outside parties or subcontractors to generate our closeout documents. The process described above requires collaboration and it is the Project Management process, we, at NNSI have ascribed to for years. It has a proven track record of success and by following this process, it enables us and our teammates to achieve efficiencies & success through: -Project preplanning by Forecasting dependencies/expectations and site tasks -Open dialog by tracking RFI’s/ Issues to resolution via weekly progress reporting of same -Clear & timely Communications by providing ACR’s by 12:00 pm every Monday. Local expenditures can be tracked through our accounting system and added as a line item to the Weekly ACR report. Our Project Management Process details how we plan on managing the project and if our schedule slips due to NNSI’s negligence, we can remediate immediately. If our schedule slips due to dependencies not being met by others – we have PLAN B tasks planned ahead of time. In the event neither PLAN A or Plan B is available to us, we have the ability to communicate the impact of the delay in man hours immediately, so a remediation plan can be compiled with hard data input from NNSI to insure proper expectations are set up front. At the end of the day what makes NNSI stand out is our personnel, Project Management capabilities, deterministic approach to task completion, as well as individual and team accountability. With all that being said, this process helps because of the level of knowledge we have in the company as we have 6 RCDD’s on staff, 1 DCDC, 1 RTPM, & 1 AUTOCAD 2016 Professional. We have high standards and our team has followed those high standards for years, 10 +employees (field & Management) have 17 or more years tenure at NNSI. Page 219 of 252 City of Englewood Police Department Page 8 National Network Services Confidential 3. COST PROPOSAL A. LABOR & MATERIAL B. SCOPE OF WORK The Scope of Work for this project was created from the SEC-05 Drawings dated 08/5/18. Our understanding of the scope is as follows: Horizontal Camera Cable Install: a) All Multimode OM3 horizontal fiber cabling and connectivity will include materials as specified on plans and specs. b) NNSI will provide and install (10) 2 Strand OM3 Multi-Mode OSP cables and (10) 16/2 OSP cables from Level 1 Data Room 141 to 10 Parking Lot Camera Locations. c) All OM3 Multi-Mode Fiber LC connectors will be placed in a Corning 24 Fiber Adapter Panel and installed in an existing Fiber Panel installed in the Level 1 Data Room 141 and in Panduit Multimedia fiber surface mount boxes with Multi-Mode LC duplex adapters placed in Weather Proof boxes (provided by others) at the Camera locations. All 16/2 cable will be coiled at each end and be terminated by others. d) The 2 strand fiber and 16/2 cables will be installed from Data Room 141 to the Camera locations in newly installed and existing conduit pathways (installed by others) as stated on drawings SEC-05. e) The fiber cables will be patched into Media Converters (provided by others) in both the Data Room and at the camera locations using LC/LC Multi-Mode patch cables. Cat6 patch cables will be installed from the media converter to a network switch in Data room 141 and from the Media Converter to the Camera at Camera locations. f) The Fiber cables will be tested to manufacturer specifications. g) NNSI will provide as-built drawings in electronic format at the completion of the project. The owner will provide all CAD drawings in electronic format for NNSI to update by labeling work area terminations. h) NNSI will furnish and install fire stop putty inside all necessary conduits and sleeves used by NNSI when cable installation is complete. All other conduits not intended for low voltage wiring installed by NNSI will be the responsibility of others. i) All conduit raceways will be provided and installed by others. 0 0 Consumables 1 $0.00 $459.62 Equipment $0.00 Total Material $8,361.79 Total Labor $11,318.26 Subtotal $19,680.05 0.00%Taxes $0.00 Grand Total $19,680.05 Page 220 of 252 City of Englewood Police Department National Network Services Confidential Page 9 Access Control Cabling: a) NNSI will provide and install 1 (one) 22/6 shielded OSP (Card Reader) cable from each of the 2 (two) drive gates located on the west and southeast sides, and the 1 (one) man gate located on the northeast corner of the parking lot to the Level 1 Data Room 141 using newly installed and existing conduit pathways (provided by others). And install 3 (three) 22/6 shielded Plenum cables from Data Room 141 to Level 2 IDF 244 in existing j-hook pathway. b) NNSI will provide and install 3 (three) 22/6 Cable Card Reader Protection Blocks in Data Room 141and terminate the 22/6 OSP and Plenum cables be on the Protection Blocks, the cables will be terminated by others in IDF 244 and at the Gate locations. C. CLARIFICATIONS & ASSUMPTIONS The following are Exclusions and Clarifications Related to this project. ▪ All conduits are provided by others. ▪ All required 120V connections are provided by the EC. ▪ Assumes this proposal will be made as an attachment to the contract or purchase request. ▪ NNSI will have full access to all locations included in this project for the duration of the project and during afterhours as necessary. ▪ NNSI assumes work for the project will be during normal business hours. ▪ Any acceleration / deceleration of project schedule, through no fault of NNSI, may require mobilization and / or demobilization change orders to arise to cover downtime costs. ▪ This is a fixed quotation for all work specified in this Scope of Work. Any work required that is not specified in the plans and specs will be charged as a change order to the customer. ▪ Any additional runs will add to the stated timeline for completion and will be billed as additions. NO CHANGE ORDER WORK WILL BE STARTED UNTIL NNSI AND CUSTOMER’S PROJECT MANAGER HAVE AGREED TO AND SIGNED THE CHANGE ORDER. ▪ Telecommunications Grounding Buss bar (TGB) will be provided and installed by others along with a complete grounding and bonding system upstream of the TGB per plans and specifications. NNSI will provide and install grounding as described in this SOW only. ▪ All required conduit, and electrical work will be complete prior to NNSI’s scheduled start date. This will be furnished and installed by others. ▪ No permits, licenses, or fees are included in the cost proposal. Page 221 of 252 City of Englewood Police Department Page 10 National Network Services Confidential ▪ All blank cover plates and faceplates will be provided and installed by others. ▪ Surface-mounted raceways are not required. ▪ Sales Tax is not applied in the proposal. ▪ NNSI will not provide the labeling of patch cords as it was not specified in the specifications. ▪ NNSI will provide and install only the cabling to the Camera Locations as stated on the drawings. ▪ NNSI will pull in Access control cabling only to a rough-in state. *NNSI warrants that this proposal includes all listed materials and labor to provide a complete structured cabling infrastructure based off the issued drawings and subsequent answers to questions. 4. ACCEPTANCE OF PROPOSAL National Networks Representative Customer signature below indicates acceptance of this proposal, terms and authorizes National Network Services, Inc. to proceed with all services as described. Name Signature Date Page 222 of 252 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: August 5, 2019 SUBJECT: Approval of Change Order with Calibre Engineering for Flood- Prone Area Storm Water Analysis DESCRIPTION: Approval of Change Order with Calibre Engineering for Flood-Prone Area Storm Water Analysis RECOMMENDATION: Staff recommends approving two change orders with Calibre Engineering, in an amount totaling $44,714.00 for additional work related to the study and the feasibility of an alternate route for the outlet from Project S2. PREVIOUS COUNCIL ACTION: The City Council approved a contract with Calibre Engineering, in the amount of $171,881.00, on September 17, 2018 to complete a flood-prone area storm water study. The study results were presented and discussed at the following Study Sessions: • June 10, 2019 • July 8, 2019 • July 22, 2019 SUMMARY: Two change orders are proposed for consideration; one for additional hydraulic & hydrologic modeling beyond the 1998 flood prone area limits and the other for a feasibility analysis to construct a new storm sewer line in Radcliff Avenue, to divert storm water from the S2 project area from running through the Oxford Avenue pipe. Together, these two change orders total $44,714.00. This memo also contains responses to questions posed by the City Council at the July 22, 2019 Study Session. ANALYSIS: Since completion of the web-based report, Calibre has responded to a number of requests for additional information including questions from the City Council, staff, and the public. Further meetings and questions are anticipated going forward. In response to the questions posed by the City Council at the July 22, 2019 Study Session, Calibre has provided written responses, along with some additional analysis, (see attached). Staff has also developed responses to some of the questions. Page 223 of 252 Change Order No. 1 The Calibre study assumed that the limits of their analysis would be based on the limits of flood- prone areas as identified in the March 1998 Turner Collie Braden study. As Calibre developed and refined their model, it was determined that the previous limits varied from those identified in 1998. This is primarily due to the more sophisticated software available today. This change in the limits was confirmed through feedback from several residents who reported that they have been flooded, who were located outside of the limits created in 1998. This is illustrated in the attached map where the green lines represent the 1998 limits and the blue areas highlight areas of flooding.\ This change order was proposed by Calibre once they identified these greater extents of flooding. They wanted to refine their model to account for the greater extents. Staff never brought the change order forward to City Council and never gave Calibre direction to proceed, however, Calibre did proceed based on their understanding that the change order was approved. Change Order No. 2 Staff has identified a potential alternative for Projects S1 and S2 that would construct a storm sewer pipe along Radcliff Avenue, a few blocks south of Oxford Avenue, (see attached Alternate Alignment schematic). This pipe would provide an outlet for the S2 pipes. While the existing storm sewer line in Oxford Avenue would likely still need to be replaced, it may be possible, with the addition of the pipe along Radcliff to significantly limit the size of the pipes needed for a 25-year storm event. It is unknown whether the costs of this option would be more or less than the current rough cost estimate for Project S1. Change Order No. 2 would invest additional engineering analysis to determine if the Radcliff alignment was feasible, as well as provide updated pipe sizes and cost estimates for both Projects S1 and S2. Staff feels this effort will be valuable to complete so as to either rule out this alternative or proceed with it, into the design phase. Staff will concurrently be developing the Request for Proposals (RFP) for design services as Calibre is completing the feasibility assessment. Repairs completed on the Oxford Storm Sewer Line Four repairs to the Oxford storm sewer pipe have been completed in the past several years. These locations are shown on the attached schematic in orange. These repairs total 240 feet in length. All pipes were replaced with reinforced concrete pipe (RCP) and all occurred at bends or transitions. The current repair is 190 feet in length and is shown in blue on the attached map. It abuts Repair #3. No repairs have been needed to sections where repairs have already occurred. The current repair is experiencing significant delays and potential cost increases as a result of conflicts with existing utilities. Jason Street Sink Hole Staff has verified that a section of 48” diameter storm sewer has failed near the end of Jason Street. It is unknown the length of the failure. Staff will be videotaping the damaged segment next week. Staff will then solicit quotes to prepare plans and specifications and will then solicit bids to repair the pipe as quickly as possible. It is estimated that repairs would begin in October 2019. Responses to other questions posed by City Council members at the July 22, 2019 Study Session are included in the attachments. Page 224 of 252 FINANCIAL IMPLICATIONS: The City approved a contract with Calibre Engineering on September 17, 2018 in the amount of $171,881.00. Two change orders are being proposed to the contract, as described above. Change Order Number Description Amount 1 Create more detailed hydraulic & hydrologic model; site visits to homes outside of initial flood prone area limits $17,648 2 Analysis of alternate route along Radcliff Avenue including revised pipe sizes and cost estimate; attend additional meetings; respond to citizen & Council questions $27,066 Total $44,714 Funding for this work will come from the Storm Water Enterprise Fund balance. ALTERNATIVES: The alternative would be to not approve the change orders. If Change Order No. 1 was not approved, Calibre would not be reimbursed for costs already incurred. If Change Order No. 2 was not approved, the feasibility of using Radcliff Avenue as an alternate route for the storm sewer pipe would need to be explored during the design phase. This would result in the delay of several months until an engineering consultant for the design is procured and under contract. CONCLUSION: Staff recommends approving Change Orders No. 1 and No. 2 with Calibre Engineering. ATTACHMENTS: Change Order No. 1 Flood Prone Area Limits Map Change Order No. 2 Alternate Alignment Schematic Calibre Contract Summary Oxford Line Repairs Schematic Responses to Council Questions from 7/22/19-#1 Responses to Council Questions from 7/22/19-#2 Urban Drainage and Flood Control District - Funded Projects Page 225 of 252 ENGINEERING SERVICES CHANGE ORDER 1 To: City of Englewood JN:ENGLEWOOD:OSP 1000 Englewood Parkway File Contracts & Invoices Englewood, CO 80110 Date Prepared: email mdandrea@englewoodco.gov SCOPE OF SERVICES Item Description Fee 1 9,088$ 2 6,624$ 3 1,936$ TOTAL FEE TERMS AND CONDITIONS X The above fee will be billed as a lump sum. The above fee will be billed at our standard rates. This work shall be done in accordance with the attached "GENERAL TERMS AND CONDITIONS". X This work shall be done in accordance with the terms of the original contract CLIENT CALIBRE ENGINEERING, INC. Signature:Signature: Name Name Gregory V Murphy (print) Title:Title: Date:Date: 17,648$ City of Englewood Outfall Systems Plan (OSP), Life Safety Assessment, & Pipeline Conditions Assessment Maria D'Andrea January 23, 2019 President Create CUHP/SWMM model based on 1999 OSP data Create HECRAS 2D model based on CUHP/SWMM model results Site visits to assess life safety risks for additional homes in revised floodplain January 23, 2019 Page 226 of 252 45' ‘3Lefeymleso_:3HlJI'l}Iy(1'.dtSt‘L‘':.5-wrI_ifa‘n1s‘s1 5 3319:;9% uGi|‘p\rIS?"‘-SFranlélin‘Pr!.3.. 1 W .«_—u‘- .*1 53ii; D T. .ec:.,.n-...'n'»'.e.‘.‘.YAL‘EAVE&*’NdR;l '"I:lENGLEWQ ‘MarionSt 0 an‘-;BAISINBOUNDARY,_,f ~ Va ..:- V: K,1' * " W uanmo?thAve‘’_,‘.." V .rr a. } 1 < Ii r{ s'v.' _CeCus‘1ingV.Par?.1’. ‘T w__Eu.sujrIar\N92.25*?' '. .~,< SCarmaS!'"1S_ VD uv- ?rin g SV._9is.re ‘ ‘_\§’_F|?..)(‘.’rJ“§\‘}"E‘ I‘an ,.e;J _‘ .EnglgvgoodPkwy .; "gngomu?City?enter ‘' ’3 13.4 ‘_ A1‘IIérFie!d.-“ v.\\7Jé?érsqnA\¢e ' $1.... '_:;._.____3 ale Ave &North-E glewood Basin Boundary ,L:,§_ar;§.tfw1;5.‘M ‘ Affected by‘F_|oodingfrom Depth in‘Fet(ft) ‘JVlriingeio. E umcy .we. "WR$dC|'i*.‘§;}§’;.<x’&‘, ,.P; I ‘.-.' E'Rad:|iH Ave; S Lajay'E‘[teSt ‘eh ":4 .>'~ 'W§t_a!n’ford_Av‘e'r w ._‘ EStanfom’Ave $_JL§V2'a'n‘$t;‘A[*Kalcniiit?St ‘1‘1st ‘*'§u_'a‘Iaf;5a‘asr3-g-4.-ao!s"-ua_g.4'. Belfgiiett Pad:.-U,. Q3 _—senévie'ivAv‘‘-RE‘‘ ., Waelleview Ave. ‘ ‘ < _l .... V ..',__,i ' .1 3333‘"HV P " ‘ . V '2 _, > V is E 3L-f1‘euieV_wof ' S'Winde?n‘n>re -CorrnersrownePa._'kw‘;';'__Pmgm”Pa“ u :01 ".1k|win‘.52 '4 Air_bn1sDs@2019 HERET g u ?g U ...~.; ---CaIibre Page 227 of 252 ---Calibre ENGINEERING SERVICES CHANGE ORDER 2 T0;Maria D'Andrea City of Englewood JN:ENGLEWOOD:0SP ltlllll l:'iigglt:wr>r)ill’ai'l<w:,-ty File Contracts 8.lnvoices Englewood,CO 80110 Date Prepared:July 30,2019 email SCOPE OF SERVICES Description Fee 1 Revise SWMM model to determine storm sewer pipe size $674 2 Gather/review utility info/as-builts $1,655 3 Prepare base files (utilties,LiDARsurface,etc.)$2176 4 Create pipe alignment &profile is 2_1‘/6 5 Prepare P&P exhibits for initial meeting w/City $3,752 7 Prepare cost estimate $2,096 8 Prepare design memo/report $3.320 9 Meetings w/City (assumes 2 meetings)35 4,032 10 Response to City questions and minor updates to hydrology report $7,184 TOTAL FEE $27,066 TERMS AND CONDITIONS [Ewe above fee will be billed as a lump sum. [:]The above fee Willbe billed at our standard rates. ':]This work shall be done in accordance with the attached “GENERAL.TERMS AND CONDlTlONS“. This work shall be done in accordance with the terms of the original contract CLIENT CALIBRE EN IEEERING,INC. Signature Name (print) Title‘Title '-President,/,f~’"/'/ Date Date July_1_30,2019 Page 228 of 252 !!!!!!! !!!! !! ! ! ! ! !!! ! !SouthQUINCY OXFORD NAVAJOSANTA FERADCLIFFPlatteRiverEnglewood Golf Course RotoloPark JasonPark WINDERMERETUFTS STANFORD HURONLIPANJASONNATCHES CTRADCLIFF ENGLEWOODSHERIDAN!!!!! !!!! MH R-4MH R-3MH R-2MH R-1 MH 1014R MH 1018R MH R-6 MH R-201 MH R-201A MH R-202 MH R-207MH R-205 MH R-206 MH R-203 MH R-204 ¶N DATE: July 31, 2019PHOTO DATE: 2018 SCALE:1 inch = 400 feet Alternate Oxford Outfall PRINTED: 2019-07-31 11:37 DRAWN BY: JDL Existing Storm Outfall (S-1) City Limits Proposed Storm Outfall ! ! Legend !Existing Storm Outfall (S-2)Page 229 of 252 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: Maria D’Andrea Phone: 303-762-2506 Title: Director of Public Works Email: mdandrea@englewoodco.gov Vendor Contact Information Vendor Name: Calibre Engineering, Inc. Vendor Contact: Greg Murphy Vendor Address: 9090 S. Ridgeline Blvd. Suite 105 Vendor Phone: 303-730-0434 City: Highlands Ranch Vendor Email: gmurphy@calibre- engineering.com State: CO Zip Code: 80129 Contract Type Contract Type :Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☒Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☒Certificate of Insurance Summary of Terms: Start Date: September 21, 2018 End Date: May 31, 2018 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): If Amended: Original Amount $171,881.00 Amendment Amount $44,714.00 Total as Amended: $216,595.00 Renewal options available: One year Payment terms (please describe terms or attach schedule if based on deliverables): Monthly payment based upon work completed and accepted the previous month Attachments: Analysis and evaluation of flood-prone areas of the city including Oxford storm sewer reach. Page 230 of 252 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 (Insert Excel Document Image): CAPITAL & OPERATING EXPENSE A B C 1 = A-B-C Capital Operating Year Fund Division Object Budget Spent to Date Change Order Amount Budget Remaining Capital 2019 42 1607 54201 $ 171,881.00 $ 171,881.00 $ 44,714.00 $ (44,714.00) $ - Total by Fund and Current Year $ 171,881.00 $ 171,881.00 $ 44,714.00 $ (44,714.00) C 2020 $ - $ - $ - $ - O 2020 $ - $ - $ - $ - Total by Fund and Next Year $ - $ - $ - $ - Grand Total $ 171,881.00 $ 171,881.00 $ 44,714.00 $ (44,714.00) NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment - Prior Month Project Status and Fund Balance Report 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 Change order request Page 231 of 252 !!!470 LF 92" CMP MH R-1depth=13.0' 575 LF 92" CMP MH R-2depth=11.0'MH R-3depth=9.9'72 LF 92" CMPPlatteRiver SouthEnglewoodGolf Course W. OXFORD AVE. ¶N SCALE:DATE: July 16, 2019PHOTO DATE: 2018 1 inch = 100 feet PRINTED: 2019-07-16 16:45 DRAWN BY: JDL SHEET 1 OF 4 Oxford Pipe Maintenance Page 232 of 252 !! ! MH R-3depth=9.9' EnglewoodGolf Course R IV E R PO IN T P KW Y NATCHES CT.#4 #3MH R-4depth=13.0' 625 LF 92" CMP MH 1014Rdepth=16.4' 450 LF ± 78" RCP 190 LF 78" RCPCurrent Repair 175 LF 92" CMP + 297 LF 78" CMP W. OXFORD AVE. ¶N SCALE:DATE: July 16, 2019PHOTO DATE: 2018 1 inch = 100 feet PRINTED: 2019-07-16 16:43 DRAWN BY: JDL SHEET 2 OF 4 Oxford Pipe Maintenance List of Repairs #1 #2 #3 #4 72 LF of 76 LF of 36 LF of 56 LF of 78" RCP 78" RCP 78" RCP 92" RCP Page 233 of 252 ! !! !ENGLEWOOD CITY LIMITSLIPAN#1#2 #3 MH R-7depth=14.1'MH R-6depth=19.5' 487 LF 76" CMP MH 1014Rdepth=16.4'MH 1018Rdepth=24.0' 450 LF ± 78" RCP 72 LF 78" RCP 190 LF 78" RCPCurrent Repair 175 LF 92" CMP + 297 LF 78" CMP 420 LF 84" CMP 99 LF 78" CMPS. SANTA FE DR.NAVAJOWINDERMERE W. OXFORD AVE.W. OXFORD AVE. ¶N SCALE:DATE: July 16, 2019PHOTO DATE: 2018 1 inch = 100 feet PRINTED: 2019-07-16 16:44 DRAWN BY: JDL SHEET 3 OF 4 Oxford Pipe Maintenance List of Repairs #1 #2 #3 #4 72 LF of 76 LF of 36 LF of 56 LF of 78" RCP 78" RCP 78" RCP 92" RCP Page 234 of 252 !!! ! ! MH R-9depth=5.3'MH R-8depth=10.3' 200 LF 76" CMP + 205 LF 44"x72" CMP475 LF 76" CMP LIPANOXFORD PL. #1 MH R-7depth=14.1'MH R-6depth=19.5' 487 LF 76" CMP 420 LF 84" CMP 99 LF 78" CMP NAVAJOKALAMATHJASONWINDERMERE W. OXFORD AVE. ¶N SCALE:DATE: July 16, 2019PHOTO DATE: 2018 1 inch = 100 feet PRINTED: 2019-07-16 16:45 DRAWN BY: JDL SHEET 4 OF 4 Oxford Pipe Maintenance Page 235 of 252 1 Calibre Responses to City of Englewood Questions (July 31, 2019) 1. What is the benefit of a 10 yr vs 25 yr infrastructure program? What’s the best bang for their buck? The 25-year infrastructure program removes more structures from the 100-year Area of Probable Flooding boundary. It also provides a lower cost per habitable building removed from the Area of Probable Flooding. See the table below. · How many homes does each take out of the inundation zone? See table above. · Show the difference in height in a few areas See maps titled “Existing Condition – 100-yr Probable Max Flood Depth” (showing examples of specific flood depths for different conditions), “Alternative 2 – 100-Year Probable Max Flood Depth” and “Alternative 3 – 100-Year Probable Max Flood Depth” attached and copied below. Source of 100-yr Flooding # of Habitable Buildings # of All Structures Overall Cost Habitable Buildings Removed Cost/Building Removed Existing Conditions with Storm Sewer System Functioning Properly (Ex)1081 2125 $0 N/A N/A Proposed 10-yr Storm Sewer without Additional Detention (Alt 2)930 1785 $37,269,000 151 $246,815 Proposed 25-yr Storm Sewer without Additional Detention (Alt 3)709 1341 $66,717,000 372 $179,347 Proposed 10-yr Storm Sewer with Additional Detention (Alt 2 w/Detention)931 1792 $40,362,000 150 $269,080 Proposed 25-yr Storm Sewer with Additional Detention (Alt 3 w/Detention)716 1351 $75,940,000 365 $208,055 Number of Flooded Buildings & Structures and Construction Costs in Different Storm Sewer Scenarios Page 236 of 252 2 Page 237 of 252 3 2. Clarify pipe size difference between the 10- and 25-year storms. If the current pipe size can handle a 2-year storm event, then does the pipe need to be 5 times larger to handle a 10-year event? The storm event return periods (i.e., 10-yr storm, 25-yr storm, etc.) describe the rainfall intensity that corresponds to the specific storm event. In other words, a 25-year storm has greater intensity than a 10-year storm event. The pipe sizes required to convey the runoff from each storm event can vary greatly depending on the upstream tributary area (i.e., location of the pipe), as well as other physical basin characteristics (i.e., imperviousness and soil type). It is important to note that pipe full flow capacity increases exponentially in relation to an increase in its diameter. Therefore, a pipe that conveys the 2-year storm event does not necessarily need to have a diameter that is 5 times larger in order to convey the runoff from the 10-year storm event. Because of the many variables that are factored in to the analysis, there is no simple calculation to determine required pipe upsizing for a given storm event. However, the specific pipe sizes required to convey the stormwater from each storm event in the current Englewood study area are detailed in the Alternative Storm Sewer Sizes PDF (click here) on the project website. See the SWMM Routing Map (click here) for corresponding pipe segment locations and the Capital Project Segments (click here) for project locations, both copied below and attached at full size. Page 238 of 252 4 SWMM ROUTING Page 239 of 252 5 CAPITAL PROJECT DRAINAGEWAY SEGMENTS Page 240 of 252 6 3. How does completing S1 and S2 impact S3? Completing Segments S1 and S2 will not positively affect flooding in the upstream S3 area due to the open channel area between segments S2 and S3. Page 241 of 252 EXISTING CONDITION - 100-YEAR PROBABLE MAX FLOOD DEPTH Legend 100-yr Probable Max Flood Depth - Existing Condition [ft] 0 - 0.5 0.5 - 1 1 - 2 2 - 3 >3 0 100 200Feet ¯ Approx Max 100-yr Depths (ft) Ex Cond: 3.57' 10-yr Des: 2.88' 25-yr Des: 1.70' Approx Max 100-yr Depths (ft) Ex Cond: 1.90' 10-yr Des: 1.52' 25-yr Des: 0.91' Approx Max 100-yr Depths (ft) Ex Cond: 2.40' 10-yr Des: 2.18' 25-yr Des: 1.58'Page 242 of 252 ALTERNATIVE 2 - 100-YEAR PROBABLE MAX FLOOD DEPTH (10-YEAR INFRASTRUCTURE DESIGN)0 100 200Feet ¯ Legend 100-yr Probable Max Flood Depth - Alt 2 [ft] Value 0 - 0.5 0.5 - 1 1 - 2 2 - 3 >3 Page 243 of 252 ALTERNATIVE 3 - 100-YEAR PROBABLE MAX FLOOD DEPTH (25-YEAR INFRASTRUCTURE DESIGN) Legend 100-yr Probable Max Flood Depth - Alt3 [ft] Value 0 - 0.5 0.5 - 1 1 - 2 2 - 3 >3 0 100 200Feet ¯Page 244 of 252 !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !(!( !( !( !( !( !(!( !( !( !(!( !( !( !( !( 951 952 953 950 802 800 2 664 646 612 572576 563 564 592 565 567 593 569 589 586 611 560 579 596 573 601 644 645 647 658 662661 663 652651650 644 655 656 654 653 659 657 606 610 605 607 608 609 604 561 562 575 591 566 568 577 571 578 590 602 597 598 599 600 594 595 587 588 603 996 997 998 999 274 293 277 278 287 433 430 432431 419 420 422 423 412 421410407406 400 401 402 413 414 415 416 417 418 349340 341 350 342 344343 348 347 346 345 276 279 280 281 282 283 285 286 306305 288 270 271 272 273 290 291 292 294 295 296 297 298 299 300 22 81 15 14 12 13 23 44 21 20 19 18 40 41 42 43 60 61 67 69 75 76 68 93 85 86 87 88 90 89 91 99 79 80 84 94 92 104 106 105 103 100 101 116 119 107 102 118 South Englewood Basin North Englewood Basin South-Central Englewood Basin Central Englewood Basin Yale Avenue Basin Esri, HERE, Garmin, (c) OpenStreetMap contributors, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 600 1,200300 Feet LEGEND !(SWMM Subbasin ID SWMM Detention Facility ID #*SWMM Design Point ID SWMM Diversion ID &'SWMM Conveyance ID Major Drainage Basins SWMM Subbasins SWMM Conveyance Elements SWMM Subbasin Links Page 245 of 252 S3 S2 Y1 C1 SC2 S1 N3 SC1 S4 N4 N1 N5 N2 South Englewood Basin North Englewood Basin Central Englewood Basin South-Central Englewood Basin Yale Avenue Basin Esri, HERE, Garmin, (c) OpenStreetMap contributors, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 600 1,200300 Feet LEGEND Capital Project Segments C1 N1 N2 N3 N4 N5 S1 S2 S3 S4 SC1 SC2 Y1 Major Drainage Basins Page 246 of 252 Response to questions from the 7/22/19 Study Session: • How many 10-year storm events have we experienced in the last year? Staff contacted the Urban Drainage and Flood Control District (UDFCD) regarding this question. Generally, a 10-year storm event is categorized as receiving 0.5 inches in 10 minutes or one (1) inch in 60 minutes. They checked the rain gauge data (located on the South Platte River, north of Union Avenue) from 2018 thru July 29, 2019. W ith the exception of the event on 7/24/18, the largest rainfall event occurred on 9/5/2018 where 0.16” fell in 10 minutes. On 7/1/19, the rain gauge measured 0.4 inches in 40 minutes making the frequency of that storm between a 2- and 5-year storm event. UDFCD staff are also able to extrapolate date from the rain gauges for specific locations. While more analysis is needed, UDFCD determined that the area near Broadway and Oxford received approximately 1 inch of rain over an hour’s period which would put the storm, in that specific area, at the 10-year level. Page 247 of 252 • Is UDFCD funding any projects in Englewood? What projects is Englewood submitting for consideration by UDFCD? Currently funded projects in Englewood, by year (also see attached): Project Funding Year Funding Amount Oxford to Union River Run 2018 $500,000 Little Dry Creek at Broadway 2020 $800,000 Dry Gulch, Yale Ave to University 2021 $100,000 Little Dry Creek Master Drainage Plan 2021 $100,000 West Harvard Gulch Master Drainage Plan & Flood Hazard Area Delineation 2021 $125,000 Tributaries to South Platte River Master Drainage Plan 2022 $100,000 Little Dry Creek Tributaries Master Drainage Plan & Flood Hazard Area Delineation 2022 $180,000 Englewood Requests to UDFCD for 2020-2023 Project Request Type Update to 1999 Outfall Systems Plan (OSP) Study Project S1 Capital Project S2 Capital Page 248 of 252 Project S3 Capital Southwest Greenbelt & Rotolo Park detention area Restoration/ Maintenance Little Dry Creek, Clarkson to Logan Restoration/ Maintenance South Platte River, Little Dry Creek to Dartmouth Restoration/ Maintenance Floodproofing at private properties Special Request All projects, except for the Restoration/Maintenance ones, will require funding from the city. • What are the advantages and disadvantages of providing detention in some of the city’s parks? The primary advantage of providing storm water detention in parks would be that the pipe sizes could be reduced thus limiting the costs of the pipe project and not requiring as much space underground for the pipes. However, the amount of detention that could be obtained in Rotolo Park or Duncan Park is limited given the size and existing grades. So, while detention could be created in the parks, the ensuing smaller pipe sizes would not be very significant and, therefore, any cost savings would be minimal. The disadvantages would be that the park would be reconfigured and re-graded to allow for inundation during heavy rain events. The storm water would be detained for 48-72 hours and slowly drain out into the pipe system. Thus portions of the park would be wet and soggy, with some areas of standing water, after rain events. Also, during construction, a good portion of the park would not be available for use by the public. • What size of storm pipes do other, developing communities provide/require? This information is being provided to clarify the response given during the July 22, 2019 Study Session. Developing communities typically require a combination of pipes and storm water detention so as to collect the 100-year storm event within the public right-of-way. For example, on a given street, the 100-year event could be stored and/or conveyed adequately without affecting private property. Therefore, there is no specific storm event that pipe sizes must convey, i.e. 25-year event. • Check into a sinkhole at the end of Jason Street. Staff has verified that a section of 48” diameter storm sewer has failed near the end of Jason Street. It is unknown the length of the failure. Staff will be videotaping the damaged segment next week. Staff will then solicit quotes to prepare plans and specifications and will then solicit bids to repair the pipe as quickly as possible. It is estimated that repairs would begin in October 2019. Page 249 of 252 Project NumberProject Name2018 2019 2020 2021 2022 Watershed Area Benefitting EntitiesARAPAHOE COUNTY100260 First Creek Detention400.0 400.0 400.0 400.0 400.0 NEAurora100451 Little Dry Creek at Tufts100.0South Cherry Hills Village100263 Piney Creek - Mouth to Liverpool750.0Cherry SEMSWA/Arapahoe Co & Centennial100407 Cherry Creek - At Arapahoe Road100.0 100.0 Cherry Aurora100408 Jackass Gulch325.0South Littleton105908 Little's Creek250.0 250.0South Littleton104927 Easterly Creek-1st Ave and Kenton1,025.0SandAuroraNew Easterly Creek-11th Ave and Havana850.0 475.0SandAurora106050 Goldsmith Gulch-Silo Park200.0 250.0Cherry Greenwood Village*107335 Goldsmith Gulch-Maplewood Ave375.0Cherry Greenwood Village*107345 Big Dry Creek-Orchard Rd. to County Line Rd.50.0 250.0 250.0 250.0 250.0 South SEMSWA/Centennial106922 Greenwood Gulch-At Quincy100.0South Cherry Hills Village101679 Greenwood Gulch-At Holly375.0South Greenwood Village*107346 Dry Gulch-Yale Ave to University Blvd,100.0 100.0 South Englewood*107336 Little Dry Creek at Broadway800.0South Englewood*107337 Dad Clark Gulch at Mineral200.0 200.0 South Littleton*107338 Dad Clark Gulch at Santa Fe100.0 100.0 South Littleton*107339 West Toll Gate Creek at Himalaya100.0 100.0 200.0 200.0 SandSEMSWA/Arapahoe Co & Centennial*107347 No Name Creek at Quincy to Shawnee Way200.0 200.0 200.0 200.0 SandSEMSWA/Arapahoe Co & Centennial100265 Cherry Creek Stabilization (Monaco to Illiff)200.0 100.0SEMSWA/Arapahoe CoNew Unidentified Project0.0 150.0 1,375.0 2,150.0ARAPAHOE COUNTY TOTALS1,900.0 2,700.0 3,500.0 3,750.0 3,700.0Urban Drainage and Flood Control DistrictFive-Year Capital Improvement Plan 2018 - 2022 Arapahoe2018-11-15 Final 2019 5-YR CIP 2018-202212/10/2018Page 250 of 252 Project NumberProject Name 2018 2019 2020 2021 2022 Project Total Benefitting EntitiesADAMS COUNTY105546 88th Avenue Ecological Park 120.0 0.0 0.0 0.0 120.0 Adams CountyNew Unidentified Project 0.0 0.0 50.0 50.0 500.0 600.0ADAMS COUNTY TOTALS120.0 0.0 50.0 50.0 500.0ARAPAHOE COUNTY100327 Oxford to Union River Run 500.0 0.0 0.0 0.0 500.0 Englewood/Sheridan/Arap/SSPR101614 Reynolds Landing 0.0 900.0 850.0 850.0 600.0 3200.0 Littleton/SSPR/Arapahoe County*107334 USACE Reach Reshaping 100.0 200.0 0.0 0.0 300.0 Littleton/SSPR/Arapahoe CountyARAPAHOE COUNTY TOTALS600.0 1100.0 850.0 850.0 600.0DENVER CITY & COUNTYNew Confluence East 0.0 0.0 0.0 0.0 0.0 DenverNew USACE Feasibility Study 0.0 0.0 0.0 0.0 0.0 DenverNew Confluence with Sanderson Gulch 800.0 0.0 0.0 0.0 800.0 DenverNew Unidentified Project 900.0 1000.0 1000.0 800.0 3700.0 DenverDENVER COUNTY TOTALS800.0 900.0 1000.0 1000.0 800.0UNALLOCATED0.0 0.0 100.0 100.0 100.0South Platte River Total 1520.0 2000.0 2000.0 2000.0 2000.02000 2000 2000 2000Urban Drainage and Flood Control DistrictFive-Year Capital Improvement Plan 2018 - 2022 South Platte RiverSPR Plan2018-11-15 Final 2019 5-YR CIP 2018-202212/10/2018Page 251 of 252 FHAD Local Cost UDFCD Cost UDFCD Cost Calendar Year 2018: Bear Canyon Creek Mapping Boulder --$20,000 Brantner Gulch & Tributaries MDP & FHAD Thornton, Northglenn, Adams Co.$100,000 $100,000 $60,000 Cherry Creek Tributaries MDP & FHAD SEMSWA, Foxfield, Aurora $75,000 $75,000 $40,000 Cohens Drainage MDP & FHAD Douglas Co. $75,000 $75,000 $40,000 DFA 0054 FHAD Thornton, Adams Co.--$60,000 Flood Mitigation Prioritization Study Boulder $75,000 $75,000 - Irondale Gulch (u/s of RMA) OSP Denver, Aurora $80,000 $80,000 - Lakewood Gulch MDP & FHAD Denver, Lakewood $100,000 $50,000 $0 Nevada Ditch Demobilization Plan Columbine Valley $20,000 $20,000 - Willow Creek Tributaries MDP & FHAD SEMSWA $100,000 $100,000 $60,000 Contingency -- - TOTAL $625,000 $575,000 $280,000 Calendar Year 2019: Cherry Creek (u/s of Reservoir) MDP SEMSWA, Parker, Douglas Co., CCWQBA $65,000 $65,000 - City Park Channel (u/s of Main) FHAD Broomfield --$40,000 DFA 0054 MDP & FHAD Thornton, Adams Co.$80,000 $80,000 - First Creek FHAD Commerce City $50,000 $50,000 $100,000 Greenwood Village Citywide OSP Greenwood Village $75,000 $75,000 - Jackass Gulch MDP & FHAD Littleton $50,000 $50,000 $50,000 Lafayette Area OSP Lafayette, Boulder Co.$75,000 $75,000 - Lakewood Gulch MDP & FHAD Denver, Lakewood -$50,000 $80,000 Sunshine Canyon Creek MDP Boulder Co., Boulder $50,000 $50,000 - Van Bibber Creek MDP & FHAD Jefferson Co., Arvada $100,000 $100,000 $80,000 Contingency $85,000 $85,000 $80,000 TOTAL $630,000 $680,000 $430,000 Calendar Year 2020: Bear Creek (d/s of reservoir) MDP & FHAD Denver, Lakewood, Sheridan $100,000 $100,000 $80,000 Bullhead Gulch OSP Lafayette, Boulder Co., Erie $75,000 $75,000 - Cottonwood Creek MDP Update SEMSWA $50,000 $50,000 - Crooked Run & Tributaries MDP & FHAD Adams Co., Aurora $100,000 $100,000 $100,000 Dad Clark Gulch FHAD Littleton, Douglas Co.$30,000 -$60,000 First Creek (d/s of Buckley) & RMA MDP Commerce City $50,000 $50,000 - Second Creek Tributaries (d/s of DIA) MDP & FHAD Denver, Commerce City, Adams Co.$100,000 $100,000 $80,000 Westerly Creek (d/s of Westerly Creek Dam) OSP Aurora, Denver $100,000 $100,000 - Windmill and Dove Creeks FHAD SEMSWA --$80,000 Contingency $50,000 $50,000 $55,000 TOTAL $655,000 $625,000 $455,000 Calendar Year 2021: Dry Gulch FHAD Lakewood, Denver --$70,000 Fairfax Tributary & Tributaries MDP Commerce City, Denver, Adams Co.$90,000 $90,000 Lena Gulch (d/s of Reservoir) MDP & FHAD Wheat Ridge, Lakewood $100,000 $100,000 $80,000 Little Dry Creek (ArapCo) (d/s of Reservoirs) MDP Englewood, SEMSWA, Cherry Hills Village, Greenwood Village $100,000 $100,000 - Murphy Creek & Tributaries MDP & FHAD Aurora, SEMSWA $100,000 $100,000 $80,000 Ragweed Drain & Tributaries MDP Adams Co., Commerce City $75,000 $75,000 - Todd Creek & Tributaries MDP Thornton, Adams Co.$100,000 $100,000 - West Harvard Gulch MDP & FHAD Denver, Englewood $75,000 $75,000 $50,000 Contingency $50,000 $50,000 $80,000 TOTAL $690,000 $690,000 $360,000 Calendar Year 2022: City of Englewood Tributaries to SPR MDP Englewood $100,000 $100,000 Beebe Draw & Tributaries MDP & FHAD Adams Co.$100,000 $100,000 $80,000 Four Square Mile OSP SEMSWA, Denver, Aurora $100,000 $100,000 - Little Dry Creek (ArapCo) Tributaries MDP & FHAD SEMSWA, Englewood $100,000 $100,000 $80,000 Prairie Dog Draw & Tributaries MDP & FHAD Aurora $100,000 $100,000 $80,000 Rocky Mountain Ditch & Utah Junction OSP Denver, Adams Co.$100,000 $100,000 - West Toll Gate Creek Tribs MDP Aurora, SEMSWA $100,000 $100,000 - Contingency $50,000 $50,000 $40,000 TOTAL $750,000 $750,000 $280,000 UDFCD Watershed Planning 5-Year Plan 2018 through 2022 November 16, 2018 (Note: District's budget has not been approved by the Board; final projects and costs are subject to change.) Project Name Local Government Sponsors MASTER PLAN Page 252 of 252