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HomeMy WebLinkAbout2019-11-18 (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, November 18, 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 Regular City Council Meeting of November 4, 2019. City Council Regular - 04 Nov 2019 - Minutes - Pdf 6. Communications, Proclamations, Appointments and Recognition a. City Council recognition and swearing in The Mayor will ask the City Clerk to announce the status of the election. City Council will make a determination of the election and qualifications of its membership. Comments and recognition of families and/or guests by the departing members of City Council. Reception 8:00 p.m. - The newly-elected/re-elected City Council Members will be sworn in by the Honorable Judge Joe Jefferson. Members of City Council are seated (in temporary spaces) and the Mayor asks the City Clerk to call the roll of City Council Members. The Mayor will then declare whether a quorum is present. The Mayor calls for nominations for Mayor. The new Mayor assumes the Chair and calls for nominations for Mayor Pro Tem. Permanent seating assignments are selected by seniority. Recognition of families and/or guests of the newly-elected/re-elected Members of City Council. b. Small Business Saturday Proclamation Small Business Saturday 2019 c. Volunteer Recognition for the 2019 Block Party 7. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. Only those who meet the deadline can speak in this section. This is an opportunity for the public to address City Council. 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 presen tation to Council Page 1 of 45 Englewood City Council Regular Agenda November 18, 2019 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. a. Elaine Hults, an Englewood resident, will address Council. b. Doug Cohn, an Englewood resident, will address Council regarding Englewood history. 8. Recognition of Unscheduled Public Comment Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. This is an opportunity for the public to address City Council. There is an expecta tion that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion. Written materials 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. a. 8a Ida May Nicholl 9. Consent Agenda Items a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading. c. Resolutions and Motions 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 50 - MOU with Denver Police Department and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives- BATF&E CB 50 - Pdf Staff recommends City Council approve a Bill for an Ordinance for a memorandum of understanding (MOU) with the Denver Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosive allowing a cooperative agreement for the evaluation and entry of firearm evidence into the BrassTrax System for correlation on the National Integrated Ballistic Information Network (NIBIN) Staff: Police Commander Tim Englert ii. CB 51 - IGA with Douglas County to obtain sex offender tracking software SOTAR CB 51 - Pdf Staff recommends City Council approve a Bill for an Ordinance renewing an Intergovernmental Agreement with Douglas County to obtain sex offender tracking software ("SOTAR"). Staff: Police Commander Tim Englert b. Approval of Ordinances on Second Reading Page 2 of 45 Englewood City Council Regular Agenda November 18, 2019 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. i. CB 49 - IGA Police Department and Douglas County EVOC (Emergency Vehicle Operations Course) CB 49 -Pdf Staff recommends City Council approve, by Ordinance, authorizing an Intergovernmental Agreement between Douglas County and the City of Englewood for the use of the Douglas County "Code 303" Emergency Vehicle Operations Course. Staff: Police Commander Tim Englert c. Resolutions and Motions 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 3 of 45 MINUTES City Council Regular Meeting Monday, November 4, 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 7:07 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 Council Member Othoniel Sierra Council Member Laurett Barrentine Council Member Dave Cuesta Council Member Amy Martinez Council Member Cheryl Wink COUNCIL ABSENT: Mayor Pro Tem Rita Russell STAFF PRESENT: City Manager Lewis City Attorney McKenney Brown Deputy City Manager Hargrove City Clerk Carlile Deputy City Clerk McKinnon Director Power, Community Development Director Sobota, Finance and Administrative Services Director D'Andrea, Public Works Chief Collins, Police Department Deputy Police Chief Watson, Police Department Page 1 of 8 Draft Page 4 of 45 City Council Regular November 4, 2019 Communications Manager Harguth, Communications Executive Assistant II Fenton, Community Devolopment Community Relations Coordinator Arnoldy, Communications and Police Department Technical Support Specialist II Munnell, Information Technology Officer Martinez, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of October 21, 2019. Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 21, 2019. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 6 0 0 Motion CARRIED. 6 Communications, Proclamations, and Appointments a) Toni Arnoldy, Community Relations Coordinator, presented certificates to the 2019 Citizens Police Academy graduates. • Scott Danford • Mike Holt • Monica Johnson • Jan R. Moore • Samantha Steinhoff • John Stone • Shannon Tripp • Mary Vielhauer • Jan Weipert 7 Recognition of Scheduled Public Comment a) Dagan Thomas, an Englewood resident, addressed Council regarding a new development concept and current code. Page 2 of 8 Draft Page 5 of 45 City Council Regular November 4, 2019 b) Jason Sakry, an Englewood resident, addressed Council regarding a new development concept and current code. c) David Mieske, an Englewood resident, addressed Council regarding homelessness. d) Pamela Beets, and Englewood resident, addressed Council regarding living in the City and double standards. e) Marcy Brown, an Englewood resident, addressed Council regarding bulk plane requirements and max lot coverage. f) Doug Cohn, an Englewood resident, addressed Council regarding Englewood history. 8 Recognition of Unscheduled Public Comment a) Elaine Hults, an Englewood resident, addressed Council regarding city government and Englewood Environmental Foundation. b) Nicholas Young, an Englewood resident, addressed Council regarding snow removal and people with disabilities. c) Vicki Hoffmann addressed Council regarding single trash haulers and Citizens Alliance for a Sustainable Englewood (CASE). d) Ellen Hertzman, an Englewood resident, addressed Council regarding development next to her house. Council Member Martinez responded to Public Comment. 9 Consent Agenda Items a) Approval of Ordinances on First Reading There were no additional Ordinances on First Reading (See Agenda Items 11(a)(i).) b) Approval of Ordinances on Second Reading. i) CB 48 - Establishing Sewer Rates Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra ORDINANCE NO. 51, SERIES OF 2019 (COUNCIL BILL NO. 48, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE ESTABLISHING SEWER RATES IN ACCORDANCE Page 3 of 8 Draft Page 6 of 45 City Council Regular November 4, 2019 WITH TITLE 12, CHAPTER 2, SECTION 3, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Moved By) x 6 0 0 Motion CARRIED. c) Resolutions and Motions There were no additional Resolutions and Motions on First Reading (See Agenda Items 11(c)(i-v).) 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 49 - IGA Police Department and Douglas County EVOC (Emergency Vehicle Operations Course) Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER WINK A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED “DOUGLAS COUNTY EMERGENCY VEHICLE OPERATIONS COURSE” BETWEEN THE CITY OF ENGLEWOOD AND DOUGLAS COUNTY. For Against Abstained Linda Olson x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Page 4 of 8 Draft Page 7 of 45 City Council Regular November 4, 2019 Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x 6 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading (See Agenda Items 9(b)(i).) c) Resolutions and Motions i) 2020 Community Development Block Grant Application Submission Moved by Council Member Amy Martinez Seconded by Council Member Othoniel Sierra RESOLUTION NO. 65, SERIES OF 2019 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE AN APPLICATION WITH ARAPAHOE COUNTY 2020 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink x 5 1 0 Motion CARRIED. ii) Contract Approval for Englewood Recreation Center (ERC) Flat Roof Replacement Project Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra RESOLUTION NO. 66, SERIES OF 2019 A RESOLUTION AWARDING A CONTRACT FOR REPLACEMENT OF THE ENGLEWOOD RECREATION CENTER ROOF TO GARLAND/DBS UNDER THE TERMS OF THE COBB COUNTY, GEORGIA U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE MASTER Page 5 of 8 Draft Page 8 of 45 City Council Regular November 4, 2019 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Moved By) x 6 0 0 Motion CARRIED. iii) Approval of Change Order with Security Central for Police Headquarters Building Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink Approval of Change Order No. 5, in the amount of $1,754.85, related to lock down buttons for the evidence sally-port area of the Police Headquarters Building, with Security Central, Inc. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 6 0 0 Motion CARRIED. iv) Approval of Change Order with Presidio Networked Solutions Group for Police Headquarters Building Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink Approval of Change Order No. 5, in the amount of $1,853.92, to move two cameras in the sally port area at the Police Headquarters Building, with Presidio Networked Solutions Group. For Against Abstained Page 6 of 8 Draft Page 9 of 45 City Council Regular November 4, 2019 Linda Olson x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x 6 0 0 Motion CARRIED. v) Council Travel to National League of Cities Conference, November 19-23. Moved by Council Member Amy Martinez Seconded by Council Member Othoniel Sierra Approval for Council Member Cheryl Wink to travel to San Antonio, TX for the Annual National League of Cities Conference, November 19-23, 2019. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink x 5 1 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 8:59 p.m. Page 7 of 8 Draft Page 10 of 45 City Council Regular November 4, 2019 City Clerk Page 8 of 8 Draft Page 11 of 45 P R O C L A M A T I O N Declaring November 30, 2019 as Shop Englewood – Small Business Saturday in the City of Englewood WHEREAS, the City of Englewood, Colorado celebrates small businesses and the contributions they make to our community and local economy and, WHEREAS, Englewood supports businesses that create jobs, boost the local economy, preserve our neighborhoods, and enhance the economic vitality of the community and, WHEREAS, business groups and private sector organizations have endorsed the Saturday after Thanksgiving as Shop Englewood - Small Business Saturday and, WHEREAS, the City of Englewood and the Greater Englewood Chamber of Commerce will host a Holiday Market and Tree Lighting event on November 30 to celebrate Shop Englewood - Small Business Saturday and kick-off the holiday season. NOW, THEREFORE, I, Linda Olson, Mayor of the City of Englewood, Colorado do hereby proclaim November 30, 2019 as: SHOP ENGLEWOOD - SMALL BUSINESS SATURDAY in the City of Englewood, Colorado, and urge residents to shop local small businesses in Englewood. IN WITNESS WHEREOF, I hereunto set my hand and cause the seal of the City of Englewood, Colorado to be affixed this 18th day of November, 2019. GIVEN under my hand and seal this 18th day of November, 2019. Linda Olson, Mayor Page 12 of 45 Englewood City Council November 18,2019 Good evening Mayor Olson and City Council Members, I want to thank Laurett Barrentine and Amy Martinez for their dedication,time, and effort to serve our citizens on City Council.It is not an easyjob,but you have learned much and you will be missed. I want to congratulate Rita Russell,Mayor Pro Tem,for her reelection win and return to Englewood Councilwith her wise wisdom,her knowledge and ability to work with our Englewood Citizens through townhall meetings,morning coffee’s, chats and responds to telephone calls.Rita reads her weekly packet and is prepared.Ifthere happens to be a question that she does not know,she will do her very best to find out and let you know.Rita gives a helping hand and reaches out with out being partisan.Thank you,Rita,for your dedication to our city. Also,congratulations to Othoniel Sierra in district one for your win and I also thank you for your time and dedication for serving the citizens of Englewood.You have a few years under your belt now and have learned much.I don't know you as I do Rita,with her being a |ong—time resident of Englewood;but I believe you have a good heart for our city and our citizens and you will do well to be non- partisan. I want to congratulate the two new City Councilmen Joe Anderson and John Stone,who is taking a seat on City Council and will be starting your first term.I want to wish you both well as you take on this huge responsibility to our citizens. As an old white hair lady of 83 years young,I came to Englewood as a young lady who had just turned 18 years old,so I have seen and learned a lot. My prayer,my hope and wish would be that you all read your packets,learn, know our City Charter and laws,and that you rule on a non—partisan basis as our City Charter calls for;please do not rule on your party line because you feel you have to,but please rule for the benefit of our citizens as you take your oath of office and you will do well.Thank you very much. Ida May Nicholl Page 13 of 45 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Englert DEPARTMENT: Police DATE: November 18, 2019 SUBJECT: CB 50 - MOU with Denver Police Department and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives- BATF&E DESCRIPTION: CB 50 - MOU with Denver Police Department and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives- BATF&E RECOMMENDATION: Staff recommends that Council approve an ordinance authorizing a memorandum of understanding (MOU) with the Denver Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosive allowing a cooperative agreement for the evaluation and entry of firearm evidence into the BrassTrax System for correlation on the National Integrated Ballistic Information Network (NIBIN) PREVIOUS COUNCIL ACTION: None previous SUMMARY: The MOU defines the roles and responsibilities with respect to the scheduling and submission of evidence for entry into the NIBIN database and any associated follow-up as result of entry. ANALYSIS: The NIBIN system is a valuable investigative tool for serious crimes involving firearms. FINANCIAL IMPLICATIONS: None there is no cost to participate ALTERNATIVES: Lack of participation in this system could potentially delay or eliminate the identification of suspects using firearms to commit crimes nationally. CONCLUSION: This MOU enables the Englewood Police Department to submit firearms evidence for evaluation and processing. Valuable information can be obtained regarding bullets and shell casings that have been entered into the system from other jurisdictions. Shell casings have unique characteristics much like finger prints that can lead to linking guns and suspects to crimes in other jurisdiction. Page 14 of 45 ATTACHMENTS: Council Bill #50 MOU Page 15 of 45 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 50 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DENVER POLICE DEPARTMENT, CITY OF ENGLEWOOD POLICE DEPARTMENT AND THE UNITED STATES BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPOLSIVES REGARDING THE SCHEDULING AND SUBMISSION OF EVIDENCE INTO THE NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK WHEREAS, the Englewood City Council may by ordinance recognize the signing of Memorandum of Understanding (“MOU”) between the City of Englewood and other governmental entities; WHEREAS, the MOU will allow the City of Englewood Police Department (“EPD”) to submit evidentiary (crime scene) cartridge cases from all pistol calibers, .223 Remington (5.56 NATO), 7.62x39mm, and 12 Gauge shotguns, and test-fired cartridge cases for all pistol calibers, semi- automatic, automatic, .22 caliber, .223 Remington and 7.26x39mm rifles, and test-fired shot shells from semi-automatic and pump shotguns into a national data base through the Denver Police Department’s Crime Laboratory (“DPDCL”) National Integrated Ballistic Information Network (“NIBIN”) personnel; WHEREAS, the EPD would be required to conduct minimum, weekly searches for NIBIN eligible evidence and acquiring this evidence from their agency’s property, transporting this evidence to DPDCL and picking up the evidence once the evidence has been entered into the data base, and acting as the primary point of contact for DPDCL and NIBIN personnel; WHEREAS, the EPD is also responsible for test-firing all firearms and collecting the cartridge case samples for evaluation and entry into the NIBIN data base; WHEREAS, the approval of this MOU will greatly enhance the EPD’s evidence collection and testing leading to more thorough criminal investigation and analysis; and WHEREAS, there is no cost to the City or EPD in utilizing the DPDCL crime lab or NIBIN data base. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Memorandum of Understanding between the City of Englewood, City of Denver, and United States Bureau of Alcohol, Tobacco, Firearms and Explosives regarding the submission and testing of firearm cartridges as set forth on Exhibit A attached hereto is hereby approved by the Englewood City Council. Page 16 of 45 2 Section 2. The Englewood Police Department’s Chief of Police is authorized to execute and City Clerk to attest and seal the said Memorandum of Understanding, for and on behalf of the City Council and City of Englewood. Introduced, read in full, and passed on first reading on the 18th day of November, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of November, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of November, 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 18th day of November, 2019. Stephanie Carlile Page 17 of 45 NIBIN MEMORANDUM OF UNDERSTANDING BETWEEN Denver Police Department Englewood Police Department (submitting agency) Bureau of Alcohol, Tobacco, Firearms and Explosives-BATF&E SUBJECT: Cooperative agreement for the evaluation and entry of firearm evidence into the BrassTrax System for correlation on the National Integrated Ballistic Information Network (NIBIN) I. PURPOSE This Memorandum of Understanding (MOU) defines roles and responsibilities with respect to the scheduling and submission of evidence for entry into the NIBIN database and any associated follow-up as a result of entry. II. EVIDENCE ACCEPTED FOR EVALUATION/ENTRY A. Evidentiary (crime scene) cartridge cases of the following calibers will be accepted for evaluation/entry into the NIBIN system: all semiautomatic pistol calibers, 223 Rem (5.56 NATO), 7.62x39mm, 12 Gauge. B. Test-fired cartridge cases collected from semiautomatic (or automatic) firearms as follows: all pistol calibers, 22 caliber rifles, 223 Remington caliber rifles and 7.62x39mm caliber rifles. Test-fired shot shells from semiautomatic and pump-action 12 Gauge shotguns will also be accepted. C. Suitability of a cartridge case (test-fired or evidentiary) for entry will remain the sole discretion of Denver Police Department Crime Laboratory (DPDCL) NIBIN personnel. III. SUBMITTING AGENCY RESPONSIBILITIES A. The submitting agency will designate personnel responsible for the following tasks: a. Conducting, at a minimum, weekly searches for NIBIN eligible evidence (as defined in Section II) and acquiring this evidence from their agency’s property; b. Transporting evidence to the DPDCL and picking up evidence once entry is complete; c. Acting as a primary point of contact for DPDCL NIBIN personnel. B. The submitting agency is responsible for test-firing all firearms and collecting cartridge case samples for evaluation and entry into NIBIN. C. Submission of test-fired cartridge cases must include the following information: Agency case number Agency item number for the firearm Firearm manufacturer, model and serial number Type of incident Date and location of incident/seizure Page 18 of 45 NOTE: Providing the name of the person in possession of the firearm when seized is useful for tracing purposes, however it is not mandatory. D. Submission of evidentiary (crime scene) cartridge cases must include the following information: Agency case number Agency item number for the cartridge cases Type of incident Date and location of incident/seizure E. If possible, the submitting agency should retain test-fired cartridge cases entered into the NIBIN database. Determining retention policies is the responsibility of the submitting agency, but the suggested retention time is five years from the submittal date. F. The submitting agency’s representative is responsible for arranging an appointment for the submission of evidence with DPDCL NIBIN personnel. G. A simplified chain of custody/transfer form will be used to transfer NIBIN evidence into the custody of DPDCL NIBIN personnel. a. At the time of return, this form will be counter-signed by the submitting agency’s representative. b. An electronic copy of the form will be retained by DPDCL. c. Short term storage of submitted evidence will be provided within DPDCL. IV. RESPONSIBILITIES OF DENVER CRIME LABORATORY NIBIN PERSONNEL A. DPDCL NIBIN personnel will evaluate all submitted cartridge cases for suitability for NIBIN entry. Cartridge cases found not suitable will not be entered into the NIBIN database. B. DPDCL NIBIN personnel will review and evaluate the correlation results for all cartridge cases entered into the NIBIN database. C. Should an association be made as a result of entry, one of the following will occur: a. DPDCL NIBIN personnel will microscopically confirm associations whenever possible. When associations are confirmed, the submitting agency’s representative will be notified by means of a Confirmed Hit NIBIN Notification sent via email. b. When confirmation is not possible, the submitting agency’s representative will be notified by means of an Unconfirmed Lead NIBIN Notification sent via email. V. DISCLAIMER Notification of a NIBIN association, whether confirmed or unconfirmed, does not constitute a formal conclusion; a formal conclusion that all items were fired from the same firearm can only be supported by a report that is issued as a result of laboratory examination that is verified and peer reviewed in accordance with existing accreditation standards. This MOU does not obligate the Denver Police Department Crime Laboratory to perform formal, full laboratory analysis of firearm evidence for submitting agencies. Formal laboratory analysis remains the responsibility of the submitting agency’s servicing crime laboratory. VII. NIBIN PERSONNEL Denver Crime Laboratory NIBIN personnel, as mentioned in this MOU, include Firearm/Toolmark Examiners from the Denver Crime Laboratory as well as Bureau of Alcohol, Tobacco, Firearms and Page 19 of 45 Explosives (BATF&E) employees assigned to the Denver Crime Laboratory and Denver Crime Gun Intelligence Center. This MOU shall be in force and effect commencing on the date of signature by all participating parties. Parties to this MOU may terminate their participation at any time upon written notification of their intent to withdraw to all other parties in this MOU. Parties acknowledge receipt of a copy of this MOU. DENVER POLICE DEPARTMENT ENGLEWOOD POLICE DEPARTMENT By:____________________________ By:_____________________________ Paul Pazen John Collins Chief of Police Chief of Police BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES By:______________________________ David S. Booth Special Agent in Charge BATF&E Denver Page 20 of 45 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Englert DEPARTMENT: Police DATE: November 18, 2019 SUBJECT: CB 51 - IGA with Douglas County to obtain sex offender tracking software SOTAR DESCRIPTION: CB 51 - IGA with Douglas County to obtain sex offender tracking software SOTAR RECOMMENDATION: The Police Department recommends that City Council adopt a Bill for an Ordinance renewing an Intergovernmental Agreement with Douglas County to obtain sex offender tracking software ("SOTAR"). PREVIOUS COUNCIL ACTION: On April 17, 2017, City Council approved an Ordinance for an Intergovernmental Agreement with Douglas County to obtain sex offender tracking software (SOTAR). SUMMARY: The Intergovernmental Agreement ("IGA")between Douglas County and the City of Englewood Police Department ("EPD"), will provide the EPD the ability to access the SOTAR system so the EPD can input and view data regarding sex offenders residing in its jurisdiction. The system was created by Douglas County and is provided to numerous Law Enforcement Agencies across the State. There is also a citizen portal which citizens can opt into to obtain information. A list of participating Law Enforcement Agencies is attached to this communication. ANALYSIS: The Englewood Police Department has been using the SOTAR system to track sex offenders since 2017. Participation in the SOTAR system streamlines the current registration and required records retention procedure. SOTAR is a valuable investigative tool for the Police Department as detectives have access to data entered by other law enforcement agencies. FINANCIAL IMPLICATIONS: Douglas County retains exclusive ownership of the SOTAR system. Douglas County agrees to initially provided the service to the user for no fee; however, Douglas County has provided written notice that moving forward a maintenance fee will be charged by Douglas County to users of the system. Beginning for the 2020 contract year, SOTAR will have a Tiered Agency Participation Cost based on the population served by the Law Enforcement Agency: SOTAR Tiered Cost Table Population Annual Cost Page 21 of 45 0 ‐ 1,000 $1,000 1,001 ‐ 10,000 $1,500 10,0001 ‐ 50,000 $2,000 50,001 ‐ 100,000 $2,500 100,001 ‐ 250,000 $3,000 250,001 ‐ 500,000 $3,500 500,001 + $4,000 Using this table the cost to the City of Englewood would be $2000.00. It is mutually agreed by the parties that the initial term of his Agreement shall commence as of January 1, 2020 through December 31, 2020. Thereafter, this Agreement shall automatically renew for each subsequent calendar year, unless terminated as outlined in the IGA. ALTERNATIVES: Without this system we would lose inter agency communication and intelligence information regarding sex offender. We would have to use a stand alone in house records system to track sex offenders. CONCLUSION: Staff recommends we continue using this highly valuable system. ATTACHMENTS: Council Bill #51 Exhibit A - Intergovernmental Agreement with Douglas County Page 22 of 45 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 51 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER ___________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS AND THE CITY OF ENGLEWOOD/ENGLEWOOD POLICE DEPARTMENT WHEREAS, pursuant to the provisions of Article XIV, Section 18(2)(a) of the Colorado Constitution, Section 29-1-203, C.R.S., there is established a means whereby governmental units may cooperate or contract with one another to make the most efficient and effective use of their powers and responsibilities; WHEREAS, Douglas County has developed a system to manage and exchange information regarding sex offenders; WHEREAS, the information is accessed through a web-based interactive software program called “Sotar”; WHEREAS, Douglas County has exclusive rights of ownership in the Sotar system; WHEREAS, the City of Englewood Police Department desires to obtain access to the Sotar system; and WHEREAS, Douglas County agrees to provide the City of Englewood access to the Sotar application on a basis commonly known as “software as a service”, whereby the City of Englewood has access to, but does not receive a copy of Sotar, and obtains no right, title, or interest whatsoever in or to the system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement between the Board of County Commissioners of the County of Douglas and the City of Englewood/Englewood Police Department, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor and City Manager are authorized to execute and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 18th day of November, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of November, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of November, 2019 for thirty (30) days. Page 23 of 45 2 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 18th day of November, 2019. Stephanie Carlile Page 24 of 45 1 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS, ON BEHALF OF THE DOUGLAS COUNTY SHERIFF’S OFFICE, AND ________________________ (Agency Name) THIS Agreement made this __ day of , 20 , by and between the Board of County Commissioners of the County of Douglas, on behalf of the Douglas County Sheriff’s Office (“DCSO”), State of Colorado (“DOUGLAS COUNTY”), and the _______________________________(Agency Name) hereinafter referred to as (“USER”), hereinafter referred to jointly as the Parties (“PARTIES”); and WHEREAS, pursuant to the provisions of Article XIV, Section 18(2)(a) of the Colorado Constitution, and Section 29-1-203, C.R.S., there is established a means whereby governmental units may cooperate or contract with one another to make the most efficient and effective use of their powers and responsibilities; and WHEREAS, DOUGLAS COUNTY, in partnership with DCSO, has developed a system to manage and exchange information regarding sex offenders which is accessed through a web- based interactive software program called SOTARTM. DOUGLAS COUNTY has exclusive rights of ownership in the SOTARTM system including, but not limited to, SOTARTM, the name, the software, all source code contributed by Douglas County, the structure of any data repositories created to support SOTARTM, and all associated documentation (collectively, “SYSTEM”). WHEREAS, USER desires to obtain access to the SOTARTM SYSTEM. WHEREAS, DCSO agrees to provide USER access to the SOTARTM application on a basis commonly known as “software as a service” whereby USER has access to, but does not receive a copy of, SOTARTM and obtains no right, title or interest whatsoever in or to the SYSTEM. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and the recitals as set forth above, the PARTIES hereby agree as follows: 1. TERM OF AGREEMENT. It is mutually agreed by the parties that the initial term of this Agreement shall commence as of January 1, 2020 through December 31, 2020. Thereafter, this Agreement shall automatically renew for each subsequent calendar year, unless terminated as outlined in Section 2 below. Prior to the expiration of the initial term (and each subsequent renewal term), USER will be invoiced the amount outlined in Section 4 below. This Agreement and/or any extension of its original term shall be contingent upon annual funding being appropriated, budgeted and otherwise made available for such purposes. 2. TERMINATION. Either party shall have the right to terminate this Agreement with at least 30 days’ written notice and effective upon January 1st of the next renewal term. Upon termination of this Agreement, USER shall immediately and permanently discontinue using, in any manner whatsoever, the SYSTEM. Page 25 of 45 2 3. SERVICES. DCSO will provide USER non-exclusive, limited access to SOTAR for only the following activities: view the portion of SOTARTM available to law enforcement personnel (which includes access to all data input by jurisdictions that participate in SOTARTM), view the portion of SOTARTM available to the general public and, subject to Section 7 below, access SOTARTM so that USER can input data regarding sex offenders residing in its jurisdiction (all of the above collectively are “SERVICES”). DCSO may suspend or terminate the SERVICES in the event USER fails to comply with any of the terms and conditions of this Agreement and may pursue all other remedies that DOUGLAS COUNTY has available to it against USER. USER shall not be entitled to a credit or refund in the event this Agreement is terminated pursuant to Section 2. 4. USAGE. USER agrees that its access to and use of the portion of SOTARTM available to law enforcement, access to the data repository underlying SOTARTM, and all associated documentation will be limited to the law enforcement personnel employed by USER and the Local Administrators designated by USER. USER shall not, directly or indirectly, disclose, copy, distribute or publish to any third party any information from SOTARTM except for information obtained from the portion of SOTARTM available to the general public. USER may inform the general public that SOTARTM exists and how to access the portion of SOTARTM available to the general public. The general public will only be able to view the portion of SOTARTM available to the general public. USERS shall not violate any federal (including CJIS), state or local statutes, charter provisions, ordinances, rules, regulations, or standards that apply to the storing, handling and disclosure of information regarding any person listed in the SYSTEM. A. FBI Criminal Justice Information Services (CJIS) Compliance: 1. CCIC OSN Validation – Individuals authorized to access SOTAR will have a unique and active OSN that is validated and authorized by the Colorado Bureau of Investigation. Individuals will not share logins. USER is responsible for inactivating users who leave the agency or are otherwise ineligible for access to CJIS protected data. 2. USER will adhere to the current CJIS Security Policy regarding the proper access, use, and dissemination of Criminal History Record Information and associated procedures. 3. USER Agency’s Jurisdiction Administrator has the ability to enter this information if available. If these conditions are not met, SOTARTM SYSTEM access will be limited to non-CJIS information using the public view of the system. 5. SERVICE FEE. Beginning for the 2020 contract year, SOTAR will have a Tiered Agency Participation Cost. Below is the SOTAR Cost per Agency depending on population. The population for your agency is calculated by either: County’s by adding all the unincorporated population plus any contracted cities that you serve, City’s by looking at the total population for the city. Please check the box next to the population that best fits your County/City population the most accurately: Page 26 of 45 3 SOTAR Tiered Cost Table   Population  Annual Cost   0 ‐ 1,000  $1,000   1,001 ‐ 10,000  $1,500   10,0001 ‐ 50,000  $2,000   50,001 ‐ 100,000  $2,500   100,001 ‐ 250,000  $3,000   250,001 ‐ 500,000  $3,500   500,001 +  $4,000  6. COMPLIANCE WITH ARTICLE X SECTION 20 OF THE COLORADO CONSTITUTION (IF APPLICABLE TO USER): Notwithstanding other provisions in this Agreement to the contrary, the PARTIES understand and acknowledge that they are subject to Article X, Section 20 of the Colorado Constitution ("TABOR"). i. The PARTIES do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. ii. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the PARTIES are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the PARTIES’ current fiscal period ending upon the next succeeding December 31. iii. Financial obligations of the PARTIES payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with ordinances and resolutions of the responsible party and other applicable law. iv. Failure of a party to make appropriation of amounts required in any fiscal year, if not promptly cured, shall result in termination of this Agreement. 7. DEPLOYMENT AND OPERATION. DCSO shall provide the SYSTEM in its “AS IS” condition. DCSO shall use reasonable efforts to maintain the servers and infrastructure necessary to run the SYSTEM. Provided, however, inaccessibility of the SYSTEM related to technical difficulties shall not be a breach of this Agreement. USER shall call 303-814-7040 (or such other number USER is notified to call) for any issues in accessing SOTAR or the proper function of the SYSTEM. DCSO may modify (add, delete or change) the functions and format of the SYSTEM at any time and in any way without any advance notice to USER. 8. LOCAL ADMINISTRATORS. USER will designate a Local Administrator within USER’S jurisdiction and provide DCSO with their contact information and notify Page 27 of 45 4 DCSO promptly if they are removed or replaced. DCSO will provide and maintain a contact number and email address, through which only USER’S designated Local Administrator may communicate to DCSO any issues or concerns with SYSTEM availability or performance. DCSO will communicate via the contact information for the Local Administrator it has on file regarding the SYSTEM including, but not limited to, any planned system maintenance or outages or known system defects. 9. USER ACCESS AND MAINTENANCE; LICENSE. As a condition of granting USER access to the SYSTEM, USER shall input data on all existing and new sex offenders in USER’S jurisdiction and manage existing data in the data repository underlying SOTARTM. DCSO will provide the Local Administrator with secure access limited system documentation and instructions for acceptable use. USER’S Local Administrator shall be responsible for provisioning, de-provisioning, maintaining and supporting system operators in USER’S jurisdiction. Only the Local Administrator for that jurisdiction shall have access to the user management feature for the USER’S jurisdiction. USER understands and agrees that USER shall be solely liable for any errors, omissions or claims arising out of or related to the data USER input into the data repository underlying the SOTARTM application. USER understands and agrees that all data input by USER will be viewable by all other authorized users of the SYSTEM. 10. USE OF USER INFORMATION. USER understands and agrees that, even if USER discontinues is use of the SOTARTM application, DCSO and all active users of the SOTARTM application shall have the continued right to use the data contributed by USER, provided such use complies with this Agreement. Neither DCSO nor any other authorized USERS shall have any obligation at any time to segregate or stop using the information USER contributes to the data repository underlying SOTARTM. 11. NO REVERSE ENGINEERING. USER shall not reverse engineer, decompile, decrypt, or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of any software, products, models or prototypes related to the SYSTEM. USER shall not copy any part of the SYSTEM for any reason, including that information input by USER or related to USER’S jurisdiction. 12. NO THIRD PARTY USE OR ACCESS. USER shall not sell or in any manner, directly or indirectly, give any access to SOTARTM, the data repository underlying SOTARTM, documentation, or derivative works to any third party, including but not limited to, any governmental agency in USER’S jurisdiction, any other government agency, or any for profit or non-profit entity. All inquiries from third parties regarding access to the SYSTEM must be directed to DCSO. 13. EXCLUSIVE OWNERSHIP. It is expressly understood and agreed by USER that the SYSTEM is protected by copyright and other intellectual property laws and that DOUGLAS COUNTY is the sole owner of all right, title and interest in and to the SYSTEM, and that through this Agreement, DCSO is conveying only the limited access rights expressly contained in this Agreement, but DCSO is not conveying to USER any right, title or interest in or to the SYSTEM or derivative works. Page 28 of 45 5 14. DISCLAIMER OF WARRANTY. The SYSTEM is provided by DCSO on an “AS IS, WHERE IS” basis, with no warranties whatsoever except as expressly set forth in this Agreement. DCSO hereby disclaims all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of intellectual property rights and course of dealing. DCSO makes no warranties or representations regarding applicability of the SYSTEM to USER or compatibility of the SYSTEM with the infrastructure used by USER. DCSO makes no warranties as to the accuracy of the information contained in the data repository or mapping information provided by any third-party vendor. Without limiting the generality of the foregoing, DCSO has no obligation to indemnify or defend USER against any claims arising out of or related to the use of the SYSTEM including, but not limited to, infringement of intellectual property rights. 15. LIMITATIONS ON LIABILITY. In no event will DOUGLAS COUNTY be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of or related to this Agreement regardless of the form of action, whether in contract, tort (including, but not limited to, negligence), strict product liability or otherwise even if DOUGLAS COUNTY is advised in advance of the possibility of the damages in question and even if such damages were foreseeable and even if USER’S remedies fail of their essential purpose. 16. NOTICE. Any notice required by this Agreement shall be given, in writing. Any such notice shall be deemed given (a) on the date of delivery, if personally delivered (if a signed receipt is obtained); (b) by electronic transmission, provided electronic or other written confirmation of delivery is obtained; or (c) on the third business day following mailing by registered or certified mail, return receipt requested, provided proper postage was prepaid and the mail was addressed to the address set forth immediately below or such new address that is given to the other PARTY in accordance with this Section 16. To _____________ AGENCY NAME ______________________________________ AUTHORIZED USER __________________________________ TITLE _______________________________________________ AGENCY STREET ADDRESS ___________________________ CITY, STATE, ZIP _____________________________________ PHONE NUMBER _____________________________________ EMAIL ADDRESS _____________________________________ To DOUGLAS COUNTY SHERIFF’S OFFICE: Douglas County Sheriff’s Office Sheriff’s Office Technology Services 4000 Justice Way Castle Rock, CO 80109 (303) 814-7006 SOTAR@dcsheriff.net Page 29 of 45 6 17. APPLICABLE LAW. The PARTIES agree to comply with applicable federal, state and local statutes, charter provisions, ordinances, rules, regulations and standards as are in effect at the time this Agreement is executed and as they may change from time to time. Any disputes arising under this Agreement shall be brought exclusively in Douglas County District Court in the State of Colorado. USER hereby knowingly and voluntarily waives any objection to Douglas County, Colorado as an inconvenient forum and hereby consents to the exercise of personal jurisdiction by the Douglas County District Court in the State of Colorado. The PARTIES may mutually agree to informal resolution of disputes. Prior to filing litigation, the PARTIES shall discuss participation in alternative dispute resolution, which may include pre-suit mediation or settlement conferences. 18. NON-WAIVER. The PARTIES shall not be excused from complying with any provisions of this Agreement by the failure or delay of any PARTY to insist upon or seek compliance with such provisions. 19. SEVERABILITY. Should any provision(s) of this Agreement be determined to be illegal or unenforceable, such provision shall be modified to make it legal and enforceable to the fullest extent of the law. In the event modification would not make the provision legal and enforceable, such provision shall be deleted from this Agreement and all remaining provisions of this Agreement shall remain fully enforceable. Provided, however, with respect to the deleted provision, the PARTIES shall forthwith enter into good faith negotiations and proceed with due diligence to draft a term that will achieve the original intent of the PARTIES hereunder. 20. AMENDMENT. This Agreement may be amended, modified, or changed, in whole or in part, only by written Agreement executed by the PARTIES hereto. 21. ASSIGNABILITY; SUBLICENSING. USER shall not assign or sublicense its rights or delegate its duties under this Agreement without the prior written consent of DCSO. 22. HEADINGS FOR CONVENIENCE. Headings and titles contained herein are intended for the convenience and reference of the PARTIES only and are not intended to combine, limit, or describe the scope or intent of any provision of this Agreement. 23. GOVERNMENTAL IMMUNITY. The PARTIES hereto understand and agree that the PARTIES and their 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 and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 to 120, C.R.S., or otherwise available to the PARTIES. 24. OPEN RECORDS. The PARTIES expressly agree that if any request is made that subjects the subject matter of this Agreement to disclosure pursuant to the Colorado Open Records Act, Section 24-72-201, C.R.S. et. seq., or the Colorado Criminal Justice Records Action, Section 24-72-301, C.R.S. et. seq. then the data will be disclosed in printed, hardcopy form, and not in digital form, so long as the law allows this discretion. Page 30 of 45 7 In the event it must be disclosed in digital form, the recipient shall sign a non-disclosure and non-use agreement related to the SYSTEM (which will be supplied by DCSO) prior to obtaining the digital information. 25. THIRD PARTY BENEFICIARIES. DOUGLAS COUNTY does not intend by the Agreement to assume any contractual obligations to anyone other than the USER, and the USER does not intend by the Agreement to assume any contractual obligation to anyone other than DOUGLAS COUNTY. DOUGLAS COUNTY and USER do not intend that there be any third-party beneficiary to this Agreement. 26. SURVIVAL: Where the context of this Agreement reasonably requires such an interpretation, the provisions of this Agreement shall survive termination. 27. EXECUTION. This Agreement may be executed in counterparts. Page 31 of 45 8 THEREFORE, IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement, the day and year first above written. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS, COLORADO: BY: Date: Tony G. Spurlock Sheriff APPROVED AS TO LEGAL FORM: Date: Kelly Dunnaway, Deputy County Attorney APPROVED AS TO FISCAL CONTENT: Date: Andrew Copland, Finance Director Page 32 of 45 9 AGENCY NAME: Date: AUTHORIZED SIGNATURE ____________________________________ Date:____________________ NAME - TITLE Page 33 of 45 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Englert DEPARTMENT: Police DATE: November 18, 2019 SUBJECT: CB 49 - IGA Police Department and Douglas County EVOC (Emergency Vehicle Operations Course) DESCRIPTION: CB 49 - IGA Police Department and Douglas County EVOC (Emergency Vehicle Operations Course) RECOMMENDATION: Staff recommends approval of an ordinance authorizing an Intergovernmental Agreement between Douglas County and the City of Englewood for the use of the Douglas County "Code 303" Emergency Vehicle Operations Course. 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 Douglas County "Code 303" emergency vehicle operations course 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 Douglas County "Code 303" emergency vehicle operations course we are required to enter into an Intergovernmental Agreement with Douglas 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 Douglas County "Code 303" emergency vehicle operations course. The 2019 fee for the full day use of the EVOC is $600 (Nov-Feb) and $800 (Mar-Oct). The Police Department trains in this discipline five times a year based on the needs of the department. Typically, this is half day training and the fees would be halved. Page 34 of 45 This fee is paid from the Police Department yearly training budget. For 2020 the police department training budget is $40,000. ALTERNATIVES: The alternative is to not use the Douglas County emergency vehicle operations course. CONCLUSION: Staff recommends approval of this ordinance. ATTACHMENTS: Council Bill #49 Douglas County "Code 303" EVOC Fees Douglas County general use "Code 303" IGA Page 35 of 45 BY AUTHORITY ORDINANCE NO. ___ COUNCIL BILL NO. 49 SERIES 2019 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED “DOUGLAS COUNTY EMERGENCY VEHICLE OPERATIONS COURSE” BETWEEN THE CITY OF ENGLEWOOD AND DOUGLAS COUNTY WHEREAS, this Agreement sets forth the requirements for use of the Emergency Vehicle Operations Course (“EVOC”) managed by the Highlands Ranch Law Enforcement Training Foundation (“HRLETF”); WHEREAS, the Englewood Police Department conducts yearly training of its officers including vehicle and/or public safety training; WHEREAS, Douglas County owns the EVOC, which is managed by HRLETF; WHEREAS, in order to use the EVOC the City and Douglas 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 EVOC 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 EVOC 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 yearly cost associated with the use of the EVOC are set forth in Attachment 1 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 Douglas County for the use of the Emergency Vehicle Operations Course at the Highlands Ranch Law Enforcement Training Foundation, 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 4th day of November, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 7th day of November, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 6th day of November, 2019 for thirty (30) days. Page 36 of 45 Read by Title and passed on final reading on the 18th day of November, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 21st day of Novembe, 2019. Published by title on the City’s official website beginning on the 20th day of November, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2019. Stephanie Carlile 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 4th day of November, 2019. Stephanie Carlile Page 37 of 45 Revised 08/12/2019 Use & Fee Schedule 8500 N. Moore Rd. Littleton, CO 80125 L&L: N39.487889- W105.025988 Uses Facility Use Specifics Program Areas Vehicles & Users Public-safety skill and decision- making driver training facility available to law enforcement and other civil service agencies: (To include serpentine, PIT, skills pad- backing and parking maneuvers.) Facility will accommodate most all law enforcement type vehicles including Motorcycles, bicycles and ATV’s - most Public works light vehicles- Some fire agencies, school buses and acceptable private driving and training programs. All vehicles will be provided by users and must have an adequate cadre of instructors supervising during their use of facility. Facility Hours & Scheduling Periods: • Monday through Friday: Opens at 08:00 hours; closes at 21:00 hours Scheduling periods in 6 hour increments: 1. 08:00 hours till 14:00 hours 2. 14:30 hours till 20:30 hours • Saturday and Sunday: Opens at 08:00 hours; closes at 18:00 hours Scheduling periods in 5 hour increments: 1. 08:00 hours- 13:00 hours 2. 13:00 hours- 18:00 hours Requests of less than the 4 hour period may be afforded a pro rata hourly rate per scheduling area but not less than and minimum of 2 hours. Perimeter roadway: 1.6 miles and up to 4 lanes wide. Skill Pad A: Extremely large flat paved skills pad: 500 x 800 ft. equaling 9.2 acres. Skill Pad B: Large Paved skills pad: 200 x 400 ft. equaling 1.8 acres. Vehicle (V) - not to exceed 8000 GVRW. To include average PU trucks, ATV, bicycles and Motorcycles. Large Vehicles (LV) – not to exceed 35,000 GVRW. To include school buses- some fire trucks- MCP- 4x4 special use vehicles- Public Works equipment. Private Use (P) Authorized private driver’s safety training. Special Events (E) Authorized use of the entire facility for larger training/show events, non-high speed manufacture testing, dealer demonstrations, and others as approved. Page 38 of 45 Revised 08/12/2019 HRLETF Members: Nov – Feb Roadways & both skills pads Per ½ Day Period: $300 per period Full-day Rate: $600 3 hour Rate – based on facility availability: (fewer than 4 people, i.e. short remedial session) $150 March – October Roadways & both skills pads Per ½ Day Period: V- $400 per period Full-day Rate: $800 3 hour Rate – based on facility availability: (fewer than 4 people, i.e. short remedial session) $200 Off Road area N/A N/A Planned for Phase 2 TIMS area (Traffic Incident Management) $300 $600 3 hour rate – based on facility availabity: ( fewer than 4 people, i.e. short remedial session) $200 Other Government Users (non HRLETF members): Nov – Feb Roadway & both skills pads Per ½ Day Period: $500 per period Full-day Rate: $1000 3 hour Rate – based on facility availability: (fewer than 4 people, i.e. short remedial session) $300 March – October Roadway & both skills pads Per ½ Day Period: $600 per period Full-day Rate: $1200 3 hour Rate – based on facility availability: (fewer than 4 people, i.e. short remedial session) $400 Off Road area N/A N/A Planned for Phase 2 TIMS area $400 $800 3 hour rate – based on facility availabity: ( fewer than 4 people, i.e. short remedial session) $300 (P) Pre-Approved Private Driver-safety Programs: Roadway & both skills pads Per ½ day period: $300 Full-day Rate: $600 By the hour, $100 (minimum of 2 hours) (E) Special Event Fees: Special Events, private public relations events and other non-defined uses: will be made by a case by case basis as determined by requesting User's stated use and purpose and after evaluation by HRLETF facility management. Roadway & both skills pad Per ½ Day Period: $750 Full-day Rate: $1500 UAS (Unmanned Aircraft Systems) – Field use only Per ½ Day Period: $250 Full-day Rate: $500 Page 39 of 45 Revised 08/12/2019 Use of Equipment: • Cones: No Charge (All Users) • Portable stop light system: No Charge (All Users) • Portable radar speed sign: No Charge (All Users) Fuel: • Fuel is currently not available on site. Future plans include making fuel available for purchase, but to government entities only upon prior approval. Cost per gallon will be at rate as purchased by Douglas County, plus a small administrative fee. Scheduling: EVOC usage must be specifically scheduled. Users may only use the part(s) of the EVOC for which they are specifically scheduled. • Check scheduling availability at www.HRLETF.org/evoc/. • To schedule instructional time, the user/agency must email or call the EVOC facility director. • Once scheduled, the user must make payment electronically (purchase card, credit card, e-check) and enter the provided payment code, using the online “Payment” page at www.HRLETF.org/evoc/. • All fees are payable in advance and go to the Douglas County Treasurer. • Once the user/agency has completed scheduling, payment, and the required waiver (noted below), the EVOC facility director will provide the user/agency with the combination code for the entry gates/equipment trailer. • User fees are established based on established scheduling periods. HRLETF public-safety agency members receive a discounted rate. • User fees for other special events are established separately and available upon request by contacting the EVOC facility director. Cancellations: • Government users and approved private users who cancel a scheduled reservation(s) with less than 30 days written notice, to the EVOC facility director, may be subject to a non-refundable cancellation fee equal to 25% of the cost of their initial scheduled reservation (except in cases of severe weather that reasonably compel cancellation). • All cancellations shall be in writing and effective upon receipt by the EVOC facility director. • If Douglas County or the HRLETF cancels a scheduled reservation for any unforeseen reason or act of God, then all monies paid by the user shall be refunded. Any liability of Douglas County or the HRLETF shall be limited to the fees paid by the user. Damages & Security Deposits: • Users will be held responsible for all damages/associated costs of any clean up and repair to the EVOC, its property, and equipment. All costs deemed necessary and incurred by Douglas County or the HRLETF for replacement and/or repairs caused by a user will be billed to the user. • Payment for cleanup and damages must be made within thirty (30) days after receipt of billing. Page 40 of 45 Revised 08/12/2019 Approved Private Event Users: • Approved private users will be required to pay security deposit equal to 25% of their scheduled reservation fee. The deposit will be refunded if the facility is left in a clean state and there are no damages. • The deposit shall be due and payable a minimum of two (2) weeks prior to the scheduled use. The deposit will be refunded, or applied to the user’s reservation fee, if the facility and property are left in a clean state and there are no damages. The deposit shall be due and payable a minimum of two (2) weeks prior to commencement of the event. • Approved private users must provide all hospitality, security, clean-up crew and other personnel necessary to conduct the approved activities and to leave the facility in a clean and orderly condition, unless otherwise agreed to in writing by the EVOC facility director. Page 41 of 45 Revised 05/03/18 INTERGOVERNMENTAL TERMS OF USE FOR THE EMERGENCY VEHICLE OPERATIONS COURSE This Intergovernmental Agreement, executed on this ___ day of _________, 20__, is made and entered into by and between the _________________________________________ (the “User”), and the COUNTY OF DOUGLAS, STATE OF COLORADO, for the use of certain improved property located at 8500 Moore Road in Douglas County, Colorado. WHEREAS, Douglas County desires to allow User access to and use of the premises described on Exhibit A (the “EVOC”) attached hereto and incorporated herein; and WHEREAS, User desires to use the EVOC for their vehicle and/or public safety training purposes; and WHEREAS, User understands that the Highlands Ranch Law Enforcement Training Foundation, Inc. (the “HRLETF”) manages the EVOC for Douglas County. NOW THEREFORE, the parties agree as follows: I. TERMS AND CONDITIONS A. User agrees to ensure that any of its employees, agents, officials, invitees or other persons associated in any way with User, abide by all of the policies, rules, and directions of Douglas County or HRLETF staff as a condition of being allowed on the premises of the EVOC. Failur e to abide by any of those polices, rules or directions may result in forfeiture of any rights or privileges under this Agreement and/or expulsion from the EVOC at the sole discretion of Douglas County or HRLETF. B. Release of Liability: User, its successors and assigns shall forever release, waive, discharge, and relinquish any claim of liability against Douglas County, the Douglas County Sheriff’s Office (DCSO), and the HRLETF or any of their principals, affiliates, sponsors, volunteers, agent s, officials, employees, successors, and assigns from any and all actions, causes of action, claims, charges, demands, losses, damages, costs, attorney’s fees, judgments, liens, indebtedness and liabilities of every kind and character, whether known or unknown, in any way connected to, related to, or arising out of User’s presence or participation in any activity at the EVOC, regardless of any negligence of Douglas County, the DCSO, and/or the HRLETF. C. Insurance: 1. User will ensure they have sufficient insurance to cover any and all hazards, damages, costs and liabilities associated with the use of the EVOC. The User shall provide Page 42 of 45 Revised 05/03/18 evidence that such requirements have been met and shall provide updated information to Douglas County in the event any changes are made to the User’s insurance coverage prior to any use of the EVOC. 2. General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate. The policy will be applicable to all premises and operations. The policy will include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy will include coverage for explosion, collapse and underground hazards. The policy will contain a severability of interests provision. 3. Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence with respect to each of User’s owned, hired and non-owned vehicles on the premises at the EVOC. The policy will contain a severability of interests provision. 4. The required General Liability and Automobile Liability policies will be endorsed to include Douglas County and the HRLETF as a Certificate Holders and name both entities, their officers and employees as additional insureds. Douglas County reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 5. User hereby grants to Douglas County and HRLETF a waiver of subrogation which any insurer may acquire against either entity, their officers, officials, employees, and volunteers, from User by virtue of the payment of any loss. User agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision ap plies regardless of whether or not the Douglas County or HRLETF has received a waiver of subrogation endorsement from the insurer. This provision also applies to the User’s Workers’ Compensation policy. 6. If User maintains broader coverage and/or higher limits than the minimums shown above, Douglas County and HRLETF require and shall be entitled to the broader coverage and/or higher limits maintained by the User. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Douglas County and HRLETF. D. Fuel Provisions: 1. A fuel tank may be accessible by the User in the vicinity of the EVOC with sufficient prior coordination. 2. The amount per gallon to be charged for the fuel will be determined upon the prior coordination for its availability and will be no more than the costs to Douglas County to provide the fuel. 3. Prior to receiving any fuel from Douglas County, the User will provide the Colorado state issued gasoline tax exemption certificate and hereby certifies that any such fuel will be used exclusively by the User for its governmental functions and activities pursuant to Colorado Revised Statutes 39-27-102. II. TERM OF AGREEMENT A. This Agreement shall commence as of the execution of this Agreement and will continue to be in effect any time the User makes any use of the EVOC unless otherwise terminated. Page 43 of 45 Revised 05/03/18 B. Either party may terminate this Agreement by giving the other party not less than ninety (90) days prior written notice, such notice shall be sent to the party's address as listed on the signature page of this Agreement. III. MISCELLANEOUS A. Liability. Each party shall be fully responsible for its own employee(s) consistent with all applicable laws. Each party agrees to provide the other party written notice within sixty (60) days of the knowledge of any claim or controversy associated with any activity related to this Agreement. B. Governmental Immunity. All activities performed under this Agreement are hereby declared to be governmental functions. The parties to this Agreement and their personnel complying with or reasonably attempting to comply with this Agreement or any ordinance, order, rule or regulation enacted or promulgated pursuant to the provisions of this Agreement shall be deemed to be operating within the scope of their duties and responsibilities and in furtherance of said g overnmental functions. C. No Waiver Under CGIA. Nothing in this Agreement shall be construed as a waiver by either party of the protections afforded them pursuant to the Colorado Governmental Immunity Act, Sections 24-10-10l et seq., C.R.S. ("CGIA") as same may be amended from time to time. Specifically, neither party waives the monetary limitations or any other rights, immunities or protections afforded by the CGIA or otherwise available at law. D. Third Parties. This Agreement does not and shall not be deemed to confer upon any third party any right to claim damages, to sue, or bring other proceedings against either User or Douglas County because of any terms contained in this Agreement. E. Severability. In the event that any of the provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. F. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. G. Modification. This Agreement may be modified or amended only by a duly authorized written instrument executed by the parties hereto. H. Survival. The rights and obligations of the parties shall survive the term of this Agreement to the extent that any performance is required under this Agreement after the expiration or termination of this Agreement. I. Notices. Any notice to be given hereunder by either party to the other may be effected in writing by personal delivery, or by mail, certified with postage prepaid, or by overnight delivery service. Notices sent by mail or by an overnight delivery service shall be addressed to the parties at the addresses appearing following their signatures below, but either party may change its address by written notice in accordance with this paragraph. Page 44 of 45 Revised 05/03/18 J. Governing Law and Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado without regard to the conflict of laws of such State. Venue for any action hereunder shall be in the District Court, County of Douglas, State of Colorado. The User expressly waives the right to bring any action in or to remove any action to any other jurisdiction, whether state or federal. K. Good Faith. The parties agree to work together in good faith in performing their obligations hereunder. IN WITNESS WHEREOF, the User caused this Intergovernmental Agency Agreement to be executed by its duly authorized representatives: Executed this _____ day of _____________, 20____. BY: (Insert Name & Position of Signatory) Date: ATTEST: By: Date: Page 45 of 45