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2018-02-20 (Regular) Meeting Agenda Packet
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy – Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Tuesday, February 20, 2018 ♦ 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 from the Regular City Council meeting of February 5, 2018. City Council Regular - 05 Feb 2018 - Minutes - Pdf b. Minutes from the Special Meeting of February 12, 2018. Special Meeting - 12 Feb 2018 - Minutes - Pdf 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 Manager’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.) a. Kathleen Bailey, an Englewood resident, will address Council. b. Elaine Hults, an Englewood resident, will address Council. c. 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 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.) Council Response to Public Comment. 8. Communications, Proclamations, and Appointments 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB #4 - Special District Repealer Ordinance CB #4 - Special District Repeal Ordinance - Pdf Page 1 of 174 Englewood City Council Regular Agenda February 20, 2018 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. Staff recommends Council adopt a bill for an ordinance repealing those special districts which have expired. Staff: City Attorney Alison McKenney Brown b. Approval of Ordinances on Second Reading. i. CB 3 - South Metro Enterprise Zone – Administrative Grant # POGG1 EDAA 2018-629 CB 3 - South Metro Enterprise Zone – Administrative Grant # POGG1 EDAA 2018-629 - Pdf Staff recommends that City Council adopt an Ordinance accepting $16,950 from Colorado’s Office of Economic Development and International Trade (OEDIT). This annual grant funds administrative activities for the South Metro Enterprise Zone. Staff: Economic Development Manager Darren Hollingsworth ii. CB 5 - Authorizing acceptance for Victims Assistance Grant CB 5 - Accept Victims Assistance Grant - Pdf The Police Department is recommending that City Council adopt an Ordinance authorizing the Police Department to apply for and accept funding in the amount of $21,332 from the 2018 Victim Assistance for Law Enforcement (VALE) Grant. Staff: Police Commander - Patrol Kelly Martin c. Resolutions and Motions i. Application for VOCA Grant VIctims of Crime Act (V.O.C.A.) Grant - Pdf The Victim Assistance Coordinator recommends Council approve, by resolution, permission to apply for Victims of Crime Act (V.O.C.A.) grant funding. Staff: Police Commander - Patrol Kelly Martin ii. Aid to Other Agencies Funding for Non Profit Organizations Aid to Other Agencies - Pdf Staff recommends that the City approve the Resolution indicating the designation of funding to those not for profit entities selected by the City Council at the October 23, 2017 Study Session. Staff: City Manager Eric Keck 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Prosci Change Management Training Prosci Change Management Training The Human Resources Department recommends that Council approve, by motion, the contract with Prosci, Inc. to provide change management training to a select group of employees. Staff: Human Resources Director Maria Gonzalez Page 2 of 174 Englewood City Council Regular Agenda February 20, 2018 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. ii. WWTP Website Redesign WWTP Website Redesign - Pdf The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends that Council approve, by Motion, a contract with Blennd, LLC. for the Wastewater Treatment Plant (WWTP) Website Project for the development and successful launch of a new responsive Wordpress website including design, testing, training and ongoing support for the amount of $27,000. Staff: Deputy Director Business Administration/Communications Manager Jenifer Doane iii. WWTP Facility Infrastructure Repairs 2018 Project WWTP Facility Infrastructure Repairs 2018 Project - Pdf The Littleton / Englewood Wastewater Treatment Plant (L/E WWTP) recommends that Council approve, by Motion, a contract with Casey Construction, LLC., for the Facility Infrastructure Repairs 2018 Project, in the amount of $446,303. Staff also recommends approval of a 5% change order contingency in the amount of $22,315 for a total project cost of $468,618. Staff: Deputy Director of Strategic Programs Blair Corning iv. WWTP Anaerobic Digester No. 2 (AD2) Roof Repair Project WWTP Anaerobic Digester No. 2 (AD2) Roof Repair Project - Pdf The Littleton / Englewood Wastewater Treatment Plant (L/E WWTP) staff recommends that Council approve, by Motion, a contract with Casey Construction, LLC., for the Anaerobic Digester No. 2 (AD2) Roof Repair Project for the repair of the digester dome cover and gas seal, in the amount of $458,810. Staff also recommends approval of a 5% change order contingency in the amount of $22,940 for a total project cost of $481,750. Staff: Deputy Director of Strategic Programs Blair Corning 12. General Discussion a. Mayor's Choice i. Executive Session for a conference with the City attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6- 402(4)(b). b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 3 of 174 MINUTES City Council Regular Meeting Monday, February 5, 2018 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 Pro Tem Rita Russell at 7:03 p.m. 2 Invocation The invocation was given by Council Member Laurett Barrentine . 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Laurett Barrentine. 4 Roll Call COUNCIL PRESENT: Mayor Pro Tem Rita Russell Council Member Laurett Barrentine Council Member Dave Cuesta Council Member Amy Martinez Council Member Linda Olson Council Member Cheryl Wink COUNCIL ABSENT: None STAFF PRESENT: City Manager Keck Deputy City Attorney Comer Assistant City Manager Woulf City Clerk Carlile Director Rinkel, Finance and Administrative Services Interim Director Nimmo, Public Works Engineering Manager Weller, Pubic Works Fleet Manager Edwards, Public Works Engineer III Loewen, Public Works Economic Development Manager Hollingsworth, Community Development Senior Planner Stitt, Community Development Page 1 of 9 Draft Page 4 of 174 City Council Regular February 5, 2018 Victim Witness Services Coordinator Wenig, Police Department Technical Support Specialist II Munnell, Information Technology Commander Englert, Police Department 5 Consideration of Minutes of Previous Session a) Minutes from the Regular City Council Meeting of January 16, 2018. Moved by Council Member Linda Olson Seconded by Council Member Laurett Barrentine TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 16, 2018. For Against Abstained Linda Olson (Moved By) x Laurett Barrentine (Seconded By) x Amy Martinez x Rita Russell x Cheryl Wink x Dave Cuesta x 6 0 0 Motion CARRIED. b) Minutes from the Special Meeting of January 24, 2018. Moved by Council Member Linda Olson Seconded by Council Member Laurett Barrentine TO APPROVE THE MINUTES OF THE SPECIAL COUNCIL MEETING OF JANUARY 24, 2018. For Against Abstained Amy Martinez x Linda Olson (Moved By) x Laurett Barrentine (Seconded By) x Rita Russell x Cheryl Wink x Dave Cuesta x 6 0 0 Motion CARRIED. 6 Recognition of Scheduled Public Comment Page 2 of 9 Draft Page 5 of 174 City Council Regular February 5, 2018 a) Marcia McGilley, Executive Director of the Aurora-South Metro Small Business Development Center provided an update on the partnership with the City of Englewood and presented Economic Development Manager Darren Hollingsworth with the Certified Business Consultant credential. b) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. c) Nathan Hoag, an Englewood resident, addressed Council regarding homelessness. d) Kathleen Bailey, an Englewood resident, addressed Council. e) Joe Anderson, an Englewood resident, addressed Council regarding civility. 7 Recognition of Unscheduled Public Comment a) Tim Nichols, an Englewood resident, addressed Council regarding scapegoating city leaders. b) Tim Morgen addressed Council regarding the opening of BGood on 11 W. Hampden. c) Jerry Walker, an Englewood resident, addressed Council regarding Code Enforcement. d) Ida May Nicholl, an Englewood resident, addressed Council regarding the Englewood Veterans Memorial. Council Responded to Public Comment. 8 Communications, Proclamations, and Appointments a) Council recognized newly appointed Boards and Commission members: ACE Nathan Hoag – Alliance for Commerce in Englewood – Regular Member Drevvis Ridley – Alliance for Commerce in Englewood – Regular Member Judith Dunlop – Alliance for Commerce in Englewood – Alternate Member BOAA Aaron Rieger – Board of Adjustment and Appeals – Regular Member Kristin Schledorn – Board of Adjustment and Appeals – Alternate Member CEAC Dale Harris – Code Enforcement Advisory Committee – Regular Member CAC Martin Gilmore – Cultural Arts Commission‐ Regular Member EC Page 3 of 9 Draft Page 6 of 174 City Council Regular February 5, 2018 Judith Dunlop – Election Commission – Regular Member Doug Cohn – Election Commission‐ Reappointed HPC Cash Parker – Historical Preservation Commission – Regular Member Alex Wenzel ‐ Historical Preservation Commission – Regular Member KEB Brianna Johnson – Keep Englewood Beautiful – Reappointed Camille Cuypers – Keep Englewood Beautiful – Reappointed Meg Griffin – Keep Englewood Beautiful – Reappointed Robert Stephenson – Keep Englewood Beautiful – Reappointed Kristin Martin – Keep Englewood Beautiful – Reappointed MCTF Earl Huff – Malley Center Trust Fund – Reappointed NERP John Moore – NonEmergency Employees Pension Board ‐ Reappointed P&R Amber Christopher – Parks and Recreation Commission – Regular Member Kate Truesdale – Parks and Recreation Commission – Regular Member James Woodward – Parks and Recreation Commission – Reappointed P&Z Judy Browne – Planning and Zoning Commission – Regular Member Carolyn Moershel – Planning and Zoning Commission – Alternate Member Mike Freemire – Planning and Zoning Commission‐ Reappointed PPB Cash Parker – Police Pension Board – Regular Member PLB Amy Wilson – Public Library Board – Regular Member Guy Mason – Public Library Board – Reappointed TAC Neil Sarno – Transportation Advisory Committee – Regular Member Greg Knaddison – Transportation Advisory Committee – Regular Member Mark Monroe – Transportation Advisory Committee – Regular Member Patrick Lewis – Transportation Advisory Committee – Alternate Member URA Zion Spurgeon – Urban Renewal Authority – Regular Member Linda Cohn – Urban Renewal Authority – Reappointed Page 4 of 9 Draft Page 7 of 174 City Council Regular February 5, 2018 W&S Don Roth – Water and Sewer Board – Reappointed Clyde Wiggins – Water and Sewer Board – Reappointed 9 Consent Agenda Items a) Approval of Ordinances on First Reading i) Council Bill No. 3 - South Metro Enterprise Zone – Administrative Grant # POGG1 EDAA 2018-629 COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER OLSON A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE (OEDIT) TO FUND ADMINISTRATION ACTIVITIES FOR THE SOUTH METRO ENTERPRISE ZONE. ii) Council Bill No. 5 - authorizing acceptance for Victims Assistance Grant COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER OLSON A BILL FOR AN ORDINANCE AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. b) Approval of Ordinances on Second Reading. There were no items submitted for approval on second reading. c) Resolutions and Motions i) Purchase 2018 Chevrolet Equinox All-Wheel Drive Approval of the purchase of a 2018 Chevrolet Equinox AWD through State Award #20180000000000000040 for $21,596.00. ii) Purchase Two 2018 Police Harley Davidson Motorcycles Approval of the purchase of two (2) 2018 FLTHP Police Harley Davidson Motorcycles from Sun Enterprise and the light packages for the motorcycles from LAWS. The total cost for the two Motorcycles with lights installed is $55,347.86. iii) Purchase 2018 Ford F-150 Pickup Truck Page 5 of 9 Draft Page 8 of 174 City Council Regular February 5, 2018 Approval of the purchase of a 2018 Ford F-150 Pickup Truck through Spradley Barr Ford, State Award or Bid #20180000000000000012 for $22,936.00. iv) Purchase 2018 Ford Utility Interceptor Approval of the purchase of a 2018 Ford Police Utility Interceptor through Larry H. Miller Ford on State Award #20180000000000000026 for $29,177.95. Motion also approving the removal, replacement and installation of emergency lights into the Ford Police Interceptor by LAWS Emergency Vehicle Specialists for $7,946.06. LAWS has agreed to abide by the City's 2017 Award for outfitting five new Police Interceptors for the emergency lights. This purchase is replacing Unit 7474, which was declared a total loss by CIRSA. v) HP OEM Toner Contract (amends Office/Supplies Contract) Moved by Council Member Linda Olson Seconded by Council Member Cheryl Wink Motion to approve Consent Agenda Items 9 (a) (i - ii) and 9 (c) (i - v). For Against Abstained Amy Martinez x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Cheryl Wink (Seconded By) x Dave Cuesta x 6 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (See Agenda Item 9 (a) (i) & (ii).) b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading. Page 6 of 9 Draft Page 9 of 174 City Council Regular February 5, 2018 c) Resolutions and Motions i) South Broadway Electrical Infrastructure Improvement Award Moved by Council Member Linda Olson Seconded by Council Member Laurett Barrentine Motion approving a construction contract in the amount of $206,492.84 with W.L. Contractors Inc. of Arvada, Colorado, for the electrical infrastructure improvements as part of the "Broadway Streetscape Improvement Project" For Against Abstained Amy Martinez x Linda Olson (Moved By) x Laurett Barrentine (Seconded By) x Rita Russell x Cheryl Wink x Dave Cuesta x 6 0 0 Motion CARRIED. ii) Agreement with the Greenway Foundation Moved by Council Member Linda Olson Seconded by Council Member Laurett Barrentine Motion approving an agreement with the Greenway Foundation for the purchase of 10 acre feet of water through the Chatfield Environmental Pool in the amount of $75,000. For Against Abstained Amy Martinez x Linda Olson (Moved By) x Laurett Barrentine (Seconded By) x Rita Russell x Cheryl Wink x Dave Cuesta x 6 0 0 Motion CARRIED. iii) Award Police Headquarters MaterialsTesting and Special Inspection Services Page 7 of 9 Draft Page 10 of 174 City Council Regular February 5, 2018 Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Motion approving a contract with Ground Engineering for Materials Testing and Special Inspection services in support of the construction at the "Englewood Police Headquarters" building site in the amount of $68,218.00. For Against Abstained Amy Martinez (Seconded By) x Linda Olson x Laurett Barrentine x Rita Russell x Cheryl Wink (Moved By) x Dave Cuesta x 6 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice i) An Executive Session for a conference with the City attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) was scheduled but not held due to the City Attorney's absence. b) Council Members' Choice i) Council Travel to National League of Cities Conference ii) City Council Fiscal Year 2018 Budget Moved by Council Member Laurett Barrentine Seconded by Council Member Cheryl Wink Mayor Pro Tem Rita Russell requested that the legislative or City Council budget for Fiscal Year 2018 be provided to the City Council for review. Motion to use up to $17,000 of the City Council travel budget towards the cost of the Special Election. For Against Abstained Amy Martinez x Linda Olson x Laurett Barrentine (Moved By) x Page 8 of 9 Draft Page 11 of 174 City Council Regular February 5, 2018 Rita Russell x Cheryl Wink (Seconded By) x Dave Cuesta x 5 1 0 Motion CARRIED. 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR PRO TEM RUSSELL MOVED TO ADJOURN. The meeting adjourned at 9:26 p.m. City Clerk Page 9 of 9 Draft Page 12 of 174 MINUTES Special Meeting Meeting Monday, February 12, 2018 Council Chambers 6:00 PM COUNCIL PRESENT: Amy Martinez Dave Cuesta Linda Olson Laurett Barrentine Rita Russell Cheryl Wink COUNCIL ABSENT: STAFF PRESENT: Legislative Services Manager Community Services Manager Director of Public Works 1 Call to Order Mayor Pro Tem Russell called the Special Meeting to order at 6:00 p.m. 2 Invocation The invocation was given by Council Member Laurett Barrentine . 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Laurett Barrentine. 4 Roll Call COUNCIL PRESENT: Mayor Pro Tem Rita Russell Council Member Laurett Barrentine Council Member Dave Cuesta Council Member Amy Martinez Council Member Linda Olson Council Member Cheryl Wink COUNCIL ABSENT: None STAFF PRESENT: City Manager Keck City Attorney McKenney Brown Assistant City Manager Woulf Page 1 of 2 Draft Page 13 of 174 Special Meeting February 12, 2018 Deputy City Clerk McKinnon Director Rinkel, Finance and Administrative Services Technical Support Specialist II Munnell, Information Technology Police Commander Englert, Englewood Police Department 5 District 1 Vacancy Candidate Discussion 6 Set Special Election Date by Resolution a) Special Election Date Moved by Council Member Laurett Barrentine Seconded by Council Member Linda Olson RESOLUTION NO. 11, SERIES OF 2018 A RESOLUTION SETTING THE DATE FOR THE CITY OF ENGLEWOOD SPECIAL ELECTION FOR THE ELECTION OF A CANDIDATE TO THE DISTRICT 1 CITY COUNCIL SEAT For Against Abstained Amy Martinez x Dave Cuesta x Linda Olson (Seconded By) x Laurett Barrentine (Moved By) x Rita Russell x Cheryl Wink x 5 1 0 Motion CARRIED. 7 Adjournment MAYOR PRO TEM RUSSELL MOVED TO ADJOURN. The meeting adjourned at 6:34 p.m. City Clerk Page 2 of 2 Draft Page 14 of 174 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alison McKenney Brown DEPARTMENT: City Attorney's Office DATE: February 20, 2018 SUBJECT: CB #4 - Special District Repealer Ordinance DESCRIPTION: CB #4 - Special District Repealer Ordinance RECOMMENDATION: Adopt ordinance repealing those special districts which have expired. PREVIOUS COUNCIL ACTION: None. SUMMARY: The Colorado Division of Local Affairs, Division of Local Government, (DOLA) maintains an inventory of local governmental entities in accordance with C.R.S. 24-32-116. DOLA requests that local governments repeal ordinances establishing special districts after the special district expires to allow DOLA to maintain a current inventory of local governmental entities. ANALYSIS: Research shows that Paving Districts #6 - #38, Sidewalk Improvement Districts 69, 70, 71, 74, 76, Special Improvement District No. 1992-ECIC, and Concrete Replacement Districts 1992 and 1995 have expired, but have not been repealed. FINANCIAL IMPLICATIONS: None. CONCLUSION: Repealing ordinances that establish special districts after the special district has expired is part of regular record keeping for a Colorado municipality. ATTACHMENTS: Council Bill #4 Page 15 of 174 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 4 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE REPEALING A SERIES OF ORDINANCES CREATING SPECIAL DISTRICTS, THEREBY DISSOLVING PAVING DISTRICTS 6- 38, SIDEWALK IMPROVEMENT DISTRICT 69-71, 74, 76, CONCRETE REPLACEMENT DISTRICT 1991, 1992, 1995, AND SPECIAL IMPROVEMENT DISTRICT NO. 1992-ECIC, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Englewood Municipal Charter §36 allows for repealing ordinances to encompass multiple subjects; WHEREAS, The City of Englewood created special districts in conformance City Charter, Chapter 2 of Title 11 of the Municipal Code of Englewood, and the Laws of the State of Colorado; WHEREAS, the Colorado Division of Local Affairs, Division of Local Government, (DOLA) maintains an inventory of local governmental entities in accordance with C.R.S. 24-32-116; and WHEREAS, to allow DOLA to maintain a current inventory of local governmental entities, DOLA requests that local governments repeal those ordinances establishing special districts after the special district expires, which is generally ten years following the date of enactment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. In accordance with C.R.S. 24-32-116, and at the request of the Colorado Division of Local Affairs, the City Council of the City of Englewood, Colorado hereby finds that the following listed special districts were lawfully established, have fulfilled the functions of the special district as set forth within their applicable enabling ordinances, and have ceased to operate: Ordinance No. 16, Series of 1956: Creating Paving District No. 6 Ordinance No. 19, Series of 1957: Creating Paving District No. 7 Ordinance No. 16, Series of 1958: Creating Paving District No. 8 Ordinance No. 17, Series of 1959: Creating Paving District No. 9 Ordinance No. 15, Series of 1960: Creating Paving District No. 10 Ordinance No. 12, Series of 1961: Creating Paving District No. 11 Ordinance No. 10, Series of 1962: Creating Paving District No. 12 Ordinance No. 13, Series of 1963: Creating Paving District No. 13 Ordinance No. 4, Series of 1964: Creating Paving District No. 14 Ordinance No. 5, Series of 1965: Creating Paving District No. 15 Ordinance No. 3, Series of 1966: Creating Paving District No. 16 Page 16 of 174 2 Ordinance No. 10, Series of 1968: Creating Paving District No. 17 Ordinance No. 17, Series of 1969: Creating Paving District No. 18 Ordinance No. 8, Series of 1970: Creating Paving District No. 19 Ordinance No. 7, Series of 1971: Creating Paving District No. 20 Ordinance No. 7, Series of 1972: Creating Paving District No. 21 Ordinance No. 7, Series of 1975: Creating Paving District No. 22 Ordinance No. 23, Series of 1976: Creating Paving District No. 23 Ordinance No. 6, Series of 1977: Creating Paving District No. 24 Ordinance No. 3, Series of 1978: Creating Paving District No. 25 Ordinance No. 14, Series of 1979: Creating Paving District No. 26 Ordinance No. 8, Series of 1980: Creating Paving District No. 27 Ordinance No. 22, Series of 1982: Creating Paving District No. 28 Ordinance No. 16, Series of 1983: Creating Paving District No. 29 Ordinance No. 30, Series of 1985: Creating Paving District No. 30 Ordinance No. 18, Series of 1986: Creating Paving District No. 31 Ordinance No. 21, Series of 1987: Creating Paving District No. 32 Ordinance No. 36, Series of 1988: Creating Paving District No. 33 Ordinance No. 32, Series of 1991: Creating Paving District No. 34/Concrete Replacement District No. 1991 Ordinance No. 17, Series of 1992: Creating Paving District No. 35 Ordinance No. 18, Series of 1993: Creating Paving District No. 36 Ordinance No. 21, Series of 1993: Creating Paving District No. 37 Ordinance No. 34, Series of 1997: Creating Paving District No. 38 Ordinance No. 28, Series of 1969: Creating Sidewalk Improvement District No. 69 Ordinance No. 30, Series of 1970: Creating Sidewalk Improvement District No. 70 Ordinance No. 20, Series of 1971: Creating Sidewalk Improvement District No. 71 Ordinance No. 23, Series of 1974: Creating Sidewalk Improvement District No. 74 Ordinance No. 34, Series of 1976: Creating Sidewalk Improvement District No. 76 Ordinance No. 9, Series of 1992: Creating Special Improvement District No. 1992-ECIC Ordinance No. 21, Series of 1992: Creating Concrete Replacement District No. 1992 Ordinance No. 19, Series of 1995: Creating Concreate Replacement District No. 1995 Section 2. Each of the ordinances listed in Section 1 above are hereby repealed, and the Special Districts created by such ordinances are hereby dissolved, all in accordance with Englewood Municipal Charter, Chapter 2 of Title 11 of the Municipal Code of Englewood, and the Laws of the State of Colorado. Section 3. A copy of this Ordinance shall be submitted to the Colorado Division of Local Affairs, Division of Local Government within thirty (30) days of its effective date. Section 4. The following general provisions shall apply to interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent Page 17 of 174 3 jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. 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 ____ day of ______, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the ____ day of ________, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the _____ day of ________, 2018 for thirty (30) days. , 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 _____ day of _______, 2018. Page 18 of 174 4 Stephanie Carlile Page 19 of 174 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Darren Hollingsworth DEPARTMENT: Community Development DATE: February 20, 2018 SUBJECT: CB 3 - South Metro Enterprise Zone – Administrative Grant # POGG1 EDAA 2018-629 DESCRIPTION: CB 3 - South Metro Enterprise Zone – Administrative Grant # POGG1 EDAA 2018-629 RECOMMENDATION: Staff recommends that City Council adopt an Ordinance accepting $16,950 from Colorado’s Office of Economic Development and International Trade (OEDIT). This annual grant funds administrative activities for the South Metro Enterprise Zone. PREVIOUS COUNCIL ACTION: Each year Englewood receives funding from the Colorado Office of Economic Development and International Trade to support Enterprise Zone administrative expenses. This is a continuation of an annual grant award. SUMMARY: Englewood administers the South Metro Enterprise Zone, which includes all of Englewood, and portions of Littleton, Sheridan, and the Town of Parker. The City’s administration of the Enterprise Zone involves annual reporting and ongoing approvals of submissions, data input, marketing and outreach associated with the Enterprise Zone within Englewood. ANALYSIS: Englewood economic development staff promotes the enterprise zone exclusively in our community. Enterprise zone promotion outside of Englewood is the responsibility of staff in Sheridan, Parker and Littleton. At this time, Englewood does not receive compensation from Sheridan, Parker or Littleton for enterprise zone administrative activities. The annual enterprise zone administrative grant supports staff time for Nancy Fenton, Zone Administrator and Darren Hollingsworth, Economic Development Manager. Last year, the State reimbursed the City of Englewood $16,800 for staff time associated with the administration and promotion of the enterprise zone. Each year the City of Englewood receives a grant from the Office of Economic Development and International Trade towards expenses related to the Enterprise Zone administration. The Enterprise Zone is a critical element of our Economic Development program with approximately 100 Englewood businesses claiming valuable State of Colorado tax credits annually. FINANCIAL IMPLICATIONS: Page 20 of 174 The grant requires that the City provide an in-kind match in the form of staff time and overhead. This is already accounted for in Community Development’s departmental budget and will not be an additional expense to the City. ATTACHMENTS: Council Bill #3 Page 21 of 174 BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 3 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE (OEDIT) TO FUND ADMINISTRATION ACTIVITIES FOR THE SOUTH METRO ENTERPRISE ZONE. WHEREAS, in 2015 the City of Englewood applied to the Colorado Economic Development Commission and was granted Enterprise Zone status for the entire City of Englewood; and WHEREAS, the City of Englewood is the administrator for the South Metro Enterprise Zone for the cities of Littleton, Sheridan, the Town of Parker and Englewood; and WHEREAS, this year the State of Colorado Economic Development Commission issued an unsolicited grant to the City of Englewood to reimburse the City for the administration of the Enterprise Zone; and WHEREAS, the Enterprise Zone is used in the City to initiate business retention, business expansion, and business attraction activities; and WHEREAS, the Grant and related Agreement between the State of Colorado Economic Development Commission and International Trade (OEDIT), and the City of Englewood pledges $16,950.00 in local matching funds in the form of staff time, overhead, and marketing materials to meet this obligation; and WHEREAS, this Grant will be used for Enterprise Zone administrative activities and will reimburse the City of Englewood for staff time and expenditures. NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The State of Colorado, Economic Development Commission Colorado Purchase Order #PO POGG1 2017-634 for the Grant of $16,950.00 to be used for Enterprise Zone Administrative activities, attached hereto as Exhibit A – Purchase Order, is hereby accepted. Introduced, read in full, and passed on first reading on the 5th day of February, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of February, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of February, 2018. Page 22 of 174 Read by Title and passed on final reading on the 20th day of February, 2018. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 22nd day of February, 2018. Published by title on the City’s official website beginning on the 21st day of February, 2018 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 2018. Stephanie Carlile Page 23 of 174 Page 1 of 1 STATE OF COLORADO Office of the Governor Office of Economic Development ORDER Number:POGG1 EDAA 201800000629 Date:01/04/18 Description: City of Englewood Strategic fund grant Effective Date: Expiration Date: BUYER Buyer: Email: VENDOR CITY OF ENGLEWOOD 1000 ENGLEWOOD PKWY ENGLEWOOD, CO 80110-2373 Contact:Nancy Fenton Phone:000 000 0000 ** IMPORTANT ** The order number and line number must appear on all invoices, packing slips, cartons and correspondence BILL TO Office of Economic Development and International Trade 1625 Broadway Suite 2700 DENVER, CO 80202 SHIP TO Office of Economic Development and International Trade 1625 Broadway Suite 2700 DENVER, CO 80202 SHIPPING INSTRUCTIONS Delivery/Install Date: F.O.B: VENDOR INSTRUCTIONS: Commodity/Item CodeLine Item UOM QTY Unit Cost Total Cost MSDS Req. 1 G1000 0 0.00 $16,950.00 Description:Strategic Fund Grant Service From:01/04/18 Service To:12/31/18 TERMS AND CONDITIONS https://www.colorado.gov/osc/purchase-order-terms-conditions DOCUMENT TOTAL = $16,950.00 Page 24 of 174 1. General Description This Agreement is between the Office of Economic Development (OEDIT) and City of Englewood. This purchase order grants funds for local administration of the Enterprise Zone Program in calendar year 2018. Enterprise Zone administrative agencies are designated by the Economic Development Commission. This funding shall be applied to direct administrative costs for the Program including personnel, over-head, and Enterprise Zone marketing materials. A dollar-for-dollar match of the award by the Grantee for Program administration is required. 2. Definitions A. “Economic Development Commission” means the body authorized under C.R.S. 24-46-102. B. “Enterprise Zone” and “EZ” means the Colorado Enterprise Zone program authorized under C.R.S. 39-30-101 to 112. C. “Grantee” is City of Englewood. D. “Program” means the Enterprise Zone program defined in 2.B. above. 3. 3. Obligations A. Grantee shall administer the Enterprise Zone Program locally, and may request reimbursement for direct administrative costs including personnel, over-head, and marketing materials. B. Administration includes at a minimum: i. Pre-Certifying and Certifying all EZ tax credits using the State’s systems and/or forms, ii. Acting as the local resource for questions and implementation of the Program, iii. Managing any authorized Contribution Projects as allowed by the Statutes, and iv. Reporting data to the State as required. C. Grantee must expend an equal amount from local funds as the amount requested from OEDIT. 4. Personnel Grantee’s performance hereunder shall be under the direct supervision of Candace Payne, an employee or agent of the Grantee, who is hereby designated as the responsible administrator of this Purchase Order. 5. Payments and Budget A. The Grantee will be reimbursed for actual costs up to a maximum amount of $16,950, which OEDIT agrees to pay for completion of the Obligations outlined herein. B. Grantee shall invoice OEDIT via a signed letter stating the total amount spent for Program Administration (half of which will be reimbursed under this Purchase Order. Grantee shall attach an accounting report to the letter identifying the direct Program administrative costs. C. Grantee may submit invoices as frequently as quarterly, for expenses incurred during the calendar quarter, within 60 days following the quarter end-date. Otherwise, invoices may cover any combination of quarters in the calendar year, but must be submitted at least annually by 2/28/2019 for expenses incurred in calendar year 2018. D. Grantee expenditures for Program administration from 1/4/2018 may be used to fulfill the required match for the award. Expenditures made following the date of the Purchase Order may be reimbursed by the State. E. The State is prohibited by law from making commitments beyond the term of the State’s current fiscal year. Therefore, Grantee’s compensation beyond the State’s current Fiscal Year is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions. 6. Remedies Should the Obligations outlined in 3. above not be fulfilled in full, OEDIT may withhold payment in full or in part as determined by OEDIT. 7. Administrative Requirements - Accounting A. Payee shall maintain properly segregated books to identify the work associated with this purchase order. B. All receipts and expenditures associated with the work shall be documented in a detailed and specific manner. C. Payee shall make and maintain accounting and financial books and records documenting its performance hereunder in a form consistent with good accounting practices. Page 25 of 174 Effective Date 01/01/09 Purchase Order Terms and Conditions 1. Offer/Acceptance. If this purchase order (“PO”) refers to vendor’s bid or proposal, this PO is an ACCEPTANCE of vendor’s OFFER TO SELL in accordance with the terms and conditions of the “solicitation” identified in vendor’s bid or proposal. The solicitation includes an RFP, IFB, or any other form of order by buyer. If a bid or proposal is not referenced, this PO is an OFFER TO BUY, subject to vendor’s acceptance, demonstrated by vendor’s performance or written acceptance of this PO. Any COUNTER-OFFER TO SELL automatically CANCELS this PO, unless a change order is issued by buyer accepting a counter-offer. This PO shall supersede and control over any vendor form(s) or part(s) thereof included in or attached to any bid, proposal, offer, acknowledgment, or otherwise, in the event of inconsistencies or contradictions, regardless of any statement to the contrary in such form(s) or parts thereof. 2. Safety Information. All chemicals, equipment and materials proposed and/or used in the performance of this PO shall conform to the requirements of the Occupational Safety and Health Act of 1970. Vendor shall furnish all Material Safety Data Sheets (MSDS) for any regulated chemicals, equipment or hazardous materials at the time of delivery. 3. Changes. Vendor shall furnish products and/or services strictly in accordance with the specifications and price set forth for each item. This PO shall not be modified, superseded or otherwise altered, except in writing signed by purchasing agent and accepted by vendor. Each shipment received or service performed shall comply with the terms of this PO, notwithstanding invoice terms or acts of vendor to the contrary, unless this PO has been modified, superseded or otherwise altered in accordance with this section. 4. Delivery. Unless otherwise specified in the solicitation or this PO, delivery shall be FOB destination. Buyer is relying on the promised delivery date, installation, and/or service performance set forth in vendor’s bid or proposal as material and basic to buyer’s acceptance. If vendor fails to deliver or perform as and when promised, buyer, in its sole discretion, may cancel its order, or any part thereof, without prejudice to its other rights, return all or part of any shipment so made, and charge vendor with any loss or expense sustained as a result of such failure to deliver or perform as promised. Time is of the essence. 5. Intellectual Property. Any software, research, reports, studies, data, photographs, negatives or other documents, drawings or materials (collectively “materials”) delivered by vendor in performance of its obligations under this PO shall be the exclusive property of buyer. Ownership rights shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the materials. Vendor shall comply with all applicable Cyber Security Policies of the State of Colorado (the “State”), or buyer, as applicable, and all confidentiality and non-disclosure agreements, security controls, and reporting requirements. 6. Quality. Buyer shall be the sole judge in determining “equals” with regard to quality, price and performance. All products delivered shall be newly manufactured and the current model, unless otherwise specified. 7. Warranties. All provisions and remedies of the Colorado Uniform Commercial Code, CRS, Title 4 (“CUCC”), relating to implied and/or express warranties are incorporated herein, in addition to any warranties contained in this PO or the specifications. 8. Inspection and Acceptance. Final acceptance is contingent upon completion of all applicable inspection procedures. If products or services fail to meet any inspection requirements, buyer may exercise all of its rights, including those provided in the CUCC. Buyer shall have the right to inspect services provided under this PO at all reasonable times and places. "Services" as used in this section includes services performed or tangible material produced or delivered in the performance of services. If any of the services do not conform to PO requirements, buyer may require vendor to perform the services again in conformity with PO requirements, without additional payment. When defects in the quality or quantity of service cannot be corrected by re-performance, buyer may (a) require vendor to take necessary action to ensure that future performance conforms to PO requirements and (b) equitably reduce the payment due vendor to reflect the reduced value of the services performed. These remedies do not limit the remedies otherwise available in this PO, at law, or in equity. 9. Cash Discount. The cash discount period will start from the later of the date of receipt of acceptable invoice, or from date of receipt of acceptable products/services at the specified destination by an authorized buyer representative. 10. Taxes. Buyer and the State are exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code [No. 84-730123K] and from all State and local government sales and use taxes [CRS, Title 39, Article 26, Parts I and II]. Such exemptions apply when materials are purchased for the benefit of State, except that in certain political subdivisions (e.g., City of Denver) vendor may be required to pay sales or use taxes even though the ultimate product or service is provided to buyer. Buyer shall not reimburse such sales or use taxes. 11. Payment. Buyer shall pay vendor for all amounts due within 45 days after receipt of products or services and a correct notice of amount due. Interest on the unpaid balance shall begin to accrue on the 46th day at the rate set forth in CRS §24-30-202(24) until paid in full. Interest shall not accrue if a good faith dispute exists as to buyer’s obligation to pay all or a portion of the amount due. Vendor shall invoice buyer separately for interest on delinquent amounts due, referencing the delinquent payment, number of day’s interest to be paid, and applicable interest rate. 12. Vendor Offset. [Not Applicable to Inter-governmental POs] Under CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 13. Assignment and Successors. Vendor shall not assign rights or delegate duties under this PO, or subcontract any part of the performance required under this PO, without the express, written consent of buyer. This PO shall inure to the benefit of and be binding upon vendor and buyer and their respective successors and assigns. Assignment of accounts receivable may be made only upon written notice furnished to buyer. 14. Indemnification. If any article sold or delivered under this PO is covered by a patent, copyright, trademark, or application therefore, vendor shall indemnify and hold harmless buyer from any and all loss, liability, cost, expenses and legal fees incurred on account of any claims, legal actions or judgments arising out of manufacture, sale or use of such article in violation or infringement of rights under such patent, copyright, trademark or application. If this PO is for services, vendor shall indemnify, save, and hold harmless buyer, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related expenses, incurred as a result of any act or omission by vendor, or its employees, agents, subcontractors or assignees, arising out of or in connection with performance of services under this PO. 15. Independent Contractor. Vendor shall perform its duties hereunder as an independent contractor and not as an employee. Neither vendor nor any agent or employee of vendor shall be deemed to be an agent or employee of buyer. Vendor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through buyer and buyer shall not pay for or otherwise provide such coverage for vendor or any of its agents or employees. Unemployment insurance benefits will be available to vendor and its employees and agents only if coverage is made available by vendor or a third party. Vendor shall pay when due all applicable employment, income, and local head taxes incurred pursuant to this PO. Vendor shall not have authorization, express or implied, to bind buyer to any agreement, liability or understanding, except as expressly set forth herein. Vendor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by buyer, and (c) be solely responsible for its acts and those of its employees and agents. 16. Communication. All communication concerning administration of this PO, prepared by vendor for buyer’s use, shall be furnished solely to purchasing agent. 17. Compliance. Vendor shall strictly comply with all applicable federal and state laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 18. Insurance. Vendor shall obtain, and maintain, at all times during the term of this PO, insurance as specified in the solicitation, and provide proof of such coverage as requested by purchasing agent. 19. Termination Prior to Shipment. If vendor has not accepted this PO in writing, buyer may cancel this PO by written or oral notice to vendor prior to shipment of goods or commencement of services. 20. Termination for Cause. (a) If vendor refuses or fails to timely and properly perform any of its obligations under this PO with such diligence as will ensure its completion within the time specified herein, buyer may notify vendor in writing of non-performance and, if not corrected by vendor within the time specified in the notice, terminate vendor's right to proceed with the PO or such part thereof as to which there has been delay or a failure. Vendor shall continue performance of this PO to the extent not terminated and be liable for excess costs incurred by buyer in procuring similar goods or services elsewhere. Payment for completed services performed and accepted shall be at the price set forth in this PO. (b) Buyer may withhold amounts due to vendor as buyer deems necessary to reimburse buyer for excess costs incurred in curing, completing or procuring similar goods and services.(c) If after rejection, revocation, or other termination of vendor's right to proceed under the CUCC or this clause, buyer determines for any reason that vendor was not in default or the delay was excusable, the rights and obligations of buyer and vendor shall be the same as if the notice of termination had been issued pursuant to termination under §21. 21. Termination in Public Interest. Buyer is entering into this PO for the purpose of carrying out the public policy of the State, as determined by its Governor, General Assembly, and Courts. If this PO ceases to further the public policy of the State, buyer, in its sole discretion, may terminate this PO in whole or in part and such termination shall not be deemed to be a breach of buyer’s obligations hereunder. This section shall not apply to a termination for vendor’s breach, which shall be governed by §20. Buyer shall give written notice of termination to vendor specifying the part of the PO terminated and when termination becomes effective. Upon receipt of notice of termination, vendor shall not incur further obligations except as necessary to mitigate costs of performance. For services or specially manufactured goods, buyer shall pay (a) reasonable settlement expenses, (b) the PO price or rate for supplies and services delivered and accepted, (c) reasonable costs of performance on unaccepted supplies and services, and (d) a reasonable profit for the unaccepted work. For existing goods, buyer shall pay (e) reasonable settlement expenses, (f) the PO price for goods delivered and accepted, (g) reasonable costs incurred in preparation for delivery of the undelivered goods, and (h) a reasonable profit for the preparatory work. Buyer’s termination liability under this section shall not exceed the total PO price plus a reasonable cost for settlement expenses. Vendor shall submit a termination proposal and reasonable supporting documentation, and cost and pricing data as required by CRS §24-106-101, upon request of buyer. 22. PO Approval. This PO shall not be valid unless it is executed by purchasing agent. Buyer shall not be responsible or liable for products or services delivered or performed prior to proper execution hereof. 23. Fund Availability. Financial obligations of buyer payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this PO is funded in whole or in part with federal funds, this PO is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. Buyer represents that it has set aside sufficient funds to make payment for goods delivered in a single installment, in accordance with the terms of this PO. 24. Choice of Law. State laws, rules and regulations shall be applied in the interpretation, execution, and enforcement of this PO. The CUCC shall govern this PO in the case of goods unless otherwise agreed in this PO. Any provision included or incorporated herein by reference which conflicts with such laws, rules, and regulations is null and void. Any provision incorporated herein by reference which purports to negate this or any other provision in this PO in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Unless otherwise specified in the solicitation or this PO, venue for any judicial or administrative action arising out of or in connection with this PO shall be in Denver, Colorado. Vendor shall exhaust administrative remedies in CRS §24-109-106, prior to commencing any judicial action against buyer. 25. Public Contracts for Services. [Not Applicable to offer, issuance, or sale of securities, investment advisory services, fund management services, sponsored projects, intergovernmental POs, or information technology services or products and services] Vendor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this PO and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this PO, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Vendor shall not knowingly employ or contract with an illegal alien to perform work under this PO or enter into a contract or PO with a subcontractor that fails to certify to vendor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this PO. Vendor shall (a) not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants during performance of this PO, (b) notify subcontractor and buyer within three days if vendor has actual knowledge that subcontractor is employing or contracting with an illegal alien for work under this PO, (c) terminate the subcontract if subcontractor does not stop employing or contracting with the illegal alien within three days of receiving notice, and (d) comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If vendor participates in the Department program, vendor shall deliver to the buyer a written, notarized affirmation that vendor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If vendor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., buyer may terminate this PO for breach and, if so terminated, vendor shall be liable for damages. 26. Public Contracts with Natural Persons. Vendor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced a form of identification required by CRS §24-76.5-103 prior to the date vendor delivers goods or begins performing services under terms of the PO. 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Page 28 of 174 Page 29 of 174 .,.....a...r...,u.......,..,»._..,._§.,.,.-_._....-..,.................._........,...,....,.............._....,h..n.__.._.. __..........._........_.l..,..._...m_ _...:_._.u._.,_-...L....,..,.._.m_....... :0-..._:::.r:.-m-:--:2;".‘."‘.:':'.':...:'-. ....-.a...__...._.._._»._._.._... _.h..__...._m.-.....,........_...._~__.. .......K......-..._.....,......¢...-.“,. ........,.....,_.h.....W,.K_............_ .,._..‘._......._.;_..:._:._._.:..x._:_.",:.v.:._.w.__ _..._..c.;.z~........___..°-.,.....,...?-“.., ,s,.._..........W...._................,.._ ._.‘,.¢_~..,........u...,.....¢_. m.._...m.,M.-._.v_____ ._..n._-.....,...,.._n......._...,..._.._. ...o-.a._.._,.,..d...,.........__»_. _...,...._,....i......,._..n.a ..._.-.,.............,._.c.;...,...,.xm...... _...,_.ug._n..:_.,_,Ldd_.,%T_...u..N__......,...,.---‘-_.,n......“.=-*.,iv_....m- _m_.,.._..=.n....._._.........._._.. ,..__.._.__...m...,“.__......_.“ _.__.........._..,.d......_,...,........_ .....-.m.,__.....n....._--_.»... _.,_.........“....._.,......._..-.......,.._.. ...n:..................,,..,.....,,...,,.mm. c.._.,__....-...,._,._..._..,,__... _..d............_._........_.........» ............,.__._»......_..._....,...‘ .._u_,.....».,..,_....._.c.;...,,..,,... .,...,.......,._._,._.._..u....-.... ,.,.._......,._u.__v.._.....J-......m_,_. ._..,...._......,...,.......»..._..._ ....,._....,...»..,......,._.».......,.....n._. c.;.z.m,..,....-«.-__...._._._...m,M,.m ...-.._..h_.¢......_...__......, Emaueuannnvunm Page 30 of 174 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Nancy Wenig DEPARTMENT: Police DATE: February 20, 2018 SUBJECT: CB 5 - authorizing acceptance for Victims Assistance Grant DESCRIPTION: CB 5 - authorizing acceptance for Victims Assistance Grant RECOMMENDATION: The Police Department is recommending that City Council adopt an Ordinance authorizing the Police Department to apply for and accept funding in the amount of $21,332 from the 2018 Victim Assistance for Law Enforcement (VALE) Grant. PREVIOUS COUNCIL ACTION: City Council has previously approved Victim Assistance and Law Enforcement (VALE) grants from 1990-2017. SUMMARY: Englewood Victim Assistance provides the Victim/Witness Advocate to assist victims of domestic violence for the Englewood Municipal Court. This position is currently held by Nicole Maynard. The Victim/Witness Advocate position is designed to assist victims of domestic violence who are seen in the Municipal Court. In 2017, the Englewood Police Department made 113 overall domestic violence arrests and 90 of those cases were seen in the Municipal Court. Each victim has on average 5 contacts with the Victim/Witness Advocate during the course of the case in Court. The Grant request is reflective of 40% of the base salary for the position. ANALYSIS: The VALE Grant finances approximately 40% of the salary for the Victim Witness Advocate position which is assigned to the Englewood Municipal Court. The Victim Witness Advocate provides services for victims of domestic violence. FINANCIAL IMPLICATIONS: If we receive full funding, the VALE Grant will fund $21,332 towards the Victim Advocate position (estimated 40% of salary for the Victim/Witness Advocate). The remaining 60% ($32,834) is funded in 02-1101 (Police Administration) 2018 Budget. The funding for the VALE grant program comes from fees that are collected by courts in the 18th Judicial District. ALTERNATIVES: Page 31 of 174 If funding is not receive through the grant process, the Victim/Witness Advocate position would have to be fully funded from the City of Englewood Budget or eliminated. CONCLUSION: The Police Department recommends that City Council adopts an Ordinance on final reading authorizing the Police Department authorizing the funding in the amount of $21,332 from the 2018 VALE Grant. ATTACHMENTS: Council Bill #5 VALE Grant application Page 32 of 174 BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 5 SERIES 2018 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. WHEREAS, the City of Englewood Police Department applied for funding under the VALE Grants Program to be used for funding the Victim/Witness Program in the Englewood Municipal Court; WHEREAS, the Victim/Witness Program in the Englewood Municipal Court has served the victims of domestic violence since 1990; WHEREAS, the Englewood City Council authorized the 2015 VALE Grant application and acceptance by the passage of Ordinance No. 6, Series of 2015; WHEREAS, the Englewood City Council authorized the 2016 VALE Grant application and acceptance by the passage of Ordinance No. 9, Series of 2016; WHEREAS, the Englewood City Council authorized the 2017 VALE Grant application and acceptance by the passage of Ordinance No. 5, Series of 2017: WHEREAS, the staff seeks Council approval of an Ordinance authorizing the application for and, if granted, the acceptance of a 2018 VALE grant in the amount of $21,332.00, for the period of July 1st, 2018 to June 30th, 2019. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the application for and acceptance of the VALE Grant and accompanying intergovernmental agreement, a copy of which is marked as “Exhibit A” and attached hereto. Section 2. The Mayor is hereby authorized to sign said VALE Grant and accompanying intergovernmental agreement on behalf of the City of Englewood. Section 3. The funds for the VALE grant come from fines assessed by the Colorado 18th Judicial District. No Federal funds will be used. Page 33 of 174 Introduced, read in full, and passed on first reading on the 5th day of February, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of February 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of February, 2018 for thirty (30) days. Read by Title and passed on final reading on the 20th day of February, 2018. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 22nd day of February, 2018. Published by title on the City’s official website beginning on the 21st day of February, 2018 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2018. Stephanie Carlile Page 34 of 174 1 For Official Use Only: Date Received Application Number V/S or L/E Project Duration to Previously Funded Yes No All Materials Included Yes No Date of Board Review Approved Denied Award Amount ***************************************************************************** VICTIM ASSISTANCE AND LAW ENFORCEMENT GRANT APPLICATION 18th Judicial District 6450 S Revere Pkwy Centennial, CO 80111 (720) 874-8608 amaez@da18.state.co.us Please be advised that the board may revoke any contract/grant if used inappropriately. Application must be typed or printed in black ink. Applications must be copied on both sides (duplex). All application pages must be numbered. Please submit one original and eight copies of your application. Limit application to 12 pages including cover sheet and signature page, but excluding attachments. Do not use a font any smaller than 12 point. I. APPLICANT AGENCY Englewood Police Department II. PROJECT TITLE Victim/Witness Advocate Project Director Nancy Wenig Phone 303-762-2452 Fax 303-783-6902 Address 3614 S Elati St Englewood, CO 80110 E-mail: nwenig@englewoodco.gov Web page www.englewoodgov.org III. AMOUNT REQUESTED $21,332.00 IV. NON-PROFIT STATUS: Yes xx No In Progress Tax ID Number GOVERNMENT AGENCY: xx YES NO V. REQUIRED ATTACHMENTS (Include with all copies): A. Budgets 1. Agency Budget (Waived for governmental agencies) 2. Victim Assistance Program Budget 3. Itemized Project Budget (must include budget narrative) B. Copy of 501(c) (3) IRS Tax Ruling (if applicable) C. Listing of Board of Directors and Key Officers D. Copy of current Financial Statement and Audit Report – (Waived for governmental agencies) (Attach to original copy only) E. Management Letter from Auditor – (Waived for governmental agencies) F. Random Sampling of Client Satisfaction Surveys G. If you are requesting a full or part-time position, you must attach your agency's classification of that position and job description H. Resume of program/project administrator APPLICATIONS RECEIVED AFTER THE DEADLINE WILL NOT BE CONSIDERED (01/2016) SECTION A: PROJECT CONCEPT/DESIGN Page 35 of 174 2 1. Description of the applicant agency: Englewood Police Department provides emergency response to crime and non- crime incidents within the City of Englewood as the primary law enforcement agency for the City. 2. Substantiate or quantify the problem your program is designed to address within this community, i.e. factually or with other supportive documentation. Englewood Victim Assistance provides the Victim/Witness Advocate to assist victims of domestic violence for the Englewood Municipal Court. This position is currently held by Nicole Maynard. The Victim/Witness Advocate position is designed to assist victims of domestic violence who are seen in the Municipal Court. In 2017, the Englewood Police Department made 113 overall domestic violence arrests and 90 of those cases were seen in the Municipal Court. 3. Description of the project, which would be funded by VALE funds in the 18th Judicial District. (Be specific regarding what services VALE funds will provide to this community.) The Victim/Witness Advocate for the Englewood Municipal Court provides support for victims of domestic violence through the Court process. The position also ensures that victims are informed of their Rights under the Constitution and assists in providing those Rights. During the period from July 1, 2016 to June 30, 2017 there were 90 arraignments of domestic violence crimes in the Municipal Court. The Victim/Witness Advocate contacted 227 victims during that time and 71 were new victims. There were 614 contacts with victims at arraignments, penalty hearings, probation reviews, motions hearings, show cause hearings, and trials. Ms. Maynard also contacted victims through telephone calls, personal appointments, and letters. These contacts were to answer questions, inform victims of their Rights, and to discuss needs. Ms. Maynard also counsels family members who come to Court with the victims. These numbers are average historically and we expect the need for services to remain the same, or increase, for this upcoming Grant cycle. 4. A. Identify and describe the project's goals and objectives. Your objectives must be measurable and specific. To provide a Victim/Witness position to ensure support for victims of domestic violence through the Court process according to the standards set forth in the Victim’s Bill of Rights; To ensure that victims in the Englewood Municipal Court are informed of their Rights under the Victim’s Bill of Rights; To provide follow-up with victims after Court; To educate victims of the dynamics of domestic violence; To provide referrals to appropriate community resources such as Victim Compensation, counseling, legal or financial assistance; (Section A question 4. A. continued) Page 36 of 174 3 To maintain contact with agencies or individuals such as Victim Compensation, Interfaith Task Force, Human Services, shelters and therapists to maintain up-to- date resources available to the victim; To work closely with the probation officer to be sure that the goals of therapy are being met and the needs of the victim are being considered; To keep a client “check list” form for each domestic violence client served. This checklist will include referrals made, Victim Compensation application given, therapists suggested and restitution requests; To maintain Court information, brochures and referral resources for clients from various ethnic backgrounds using translation and counseling services. B. What is your timetable and work plan for accomplishing your objectives? Our timeline is ongoing. 5. A. Address what problems, if any, you anticipate in implementing the program/ project goals and objectives. We do not anticipate any problems in implementing the program goals. The program has been successful in the past and any concerns/problems that have arisen have been mediated with all parties involved. B. How do you plan to resolve these problems? Victim Assistance has an excellent working relationship with the Prosecutor’s Office and the Court. Victim Assistance is part of a collaborative effort to solve the problem and represent victims in the solution. This includes constant conversations with all parties to ensure victims are being kept informed and considered in the solutions. SECTION B: SERVICE INFORMATION 1.A. Define the population and geographic area targeted for services through this project. This program will be available to all victims of domestic violence who are victimized in the City of Englewood and whose case is heard in the Englewood Municipal Court. B. If the project is not located entirely in the 18th Judicial District, what percentage of services would be for victims and witnesses in the 18th Judicial District? The project is located entirely in the 18th Judicial District. Page 37 of 174 4 2. A. Include a brief description of how the project strives to provide culturally competent services. Cultural competence is defined as a process in which an agency continuously strives to achieve the ability to work effectively within the cultural context of an individual or community from a diverse culture/ethnic background. If the project does not now strive to offer culturally competent services, how will you do this in the coming grant period? Include cultural competency efforts in the goals and objectives in Section A, question 4. We use the services of the Translation and Interpreting Center for translations in Court to include spoken languages as well as sign language. The Court is equipped with a FM system for people who are Deaf or Hard of Hearing. All of the Court information is translated into Spanish. We have a Spanish speaking intepreter for Court hearings which are scheduled once a month for all the Spanish speaking clients. These services are provided by Executive Languages. We have available a list of agencies from many ethnic backgrounds and are constantly updating this list. Examples include: Asian Pacific Development Center, DOVE, CHAI, Servicios de la Raza, and Muslim Family Services. We have packets designed specifically for the Gay, Lesbian, Bisexual, Transgendered, Queer population and the unique dynamics presented. We have packets designed to address male victims. In addition to providing information in native languages, the program strives to provide culturally competent services by attending trainings and meetings to update the Advocates. Ms. Maynard and Ms. Wenig have attended several trainings, provided by the Colorado Coalition Against Domestic Violence and the Colorado Organization for Victim Assistance, on culturally appropriate responses and interventions. Ms. Maynard and Ms. Wenig take advantage of training opportunities to further cultural competence and the conversation continues within the Victim Assistance Unit and the Department as a whole. 3. A. What number of people is in need of the services as proposed by this project? (Identify source of information). From July 1, 2016 to June 30, 2017, there were 90 new cases and 227 total victims served in the Municipal Court as documented by Court records. The Victim/Witness Advocate attempts to contact all those whose lives are impacted by domestic violence, identified by either offense reports or incident reports. During this time period, Ms. Maynard contacted 193 people affected by domestic violence outside of the Court process. These victims made contact with the Police Department and the incident did not rise to the level of an arrest; however, services were offered to these victims. Historically, these numbers remain similar and we anticipate the same level of need for the upcoming Grant cycle. B. What number of people are currently being served in the 18th Judicial District and how? (Identify source of information.) Explain how you report client numbers and service numbers. At present, there are approximately 255 domestic violence cases active in the Municipal Court and approximately 195 victims being served from 2017 and previous Page 38 of 174 5 years. Each month, approximately 10 cases are finalized; hence, the number of active cases is constantly changing. Ms. Maynard keeps a written record of all client contacts. At any point during the case, a victim may require notification or intervention. There are approximately 10 to 15 new cases each month. C. What percent of the victims you serve are monolingual Spanish speakers? There are approximately 2% monolingual Spanish speaking victims. One afternoon per month is designated as a Spanish-speaking docket. All of the Spanish- speaking domestic violence cases are set on this docket. The Victim/Witness Advocate has access to an interpreter and is able to interview victims. D.How will your project diminish or eliminate any duplication of services? There are no similar services in the Municipal Court. This program is designed to refer victims to agencies that are providing services outside of the scope of this program to avoid duplication of services. Each victim is matched with referral resources that meet her or his needs. E. How will you coordinate services with similar or like programs? The program is designed to refer victims to services that will respond to their specific needs. Through appropriate referral, each victim is matched with referral resources that meet her or his needs. Ms. Maynard continuously networks with other agencies and advocates in order to better coordinate services when needed. Our working relationship with other agencies is excellent 4. Define the management plan for the program/project. Identify specifically who will: be responsible for daily operations be accountable for the expenditure of grant funds. Include the resume of program/project administrator The Victim Services Coordinator, Nancy Wenig, is the coordinator and supervisor of the project. The Victim/Witness Advocate, Nicole Maynard, submits a daily record of court activity to Ms. Wenig, which includes victim name, referrals made, victim compensation information, restitution requests, and any other pertinent information. Ms. Wenig is responsible for the expenditure of the grant funds under the supervision of the Chief of Police, John Collins, and the Director of Finance, Kathleen Rinkel 5. In compliance with the American Disability Act (ADA) on providing access, how does your agency provide accommodations for crime victims or victim service providers? The Englewood Municipal Court is fully accessible to persons with disabilities. We collaborate with other service providers to address all areas of disability. Page 39 of 174 6 SECTION C: EVALUATION INFORMATION 1. How will you evaluate whether or not this project has met its stated goals and objectives? Explain how you evaluate the following: Process Evaluation – Did the program meet the project goals and objectives? Outcome/Impact Evaluation – Did the program achieve the stated outcomes or behavioral changes? How did the delivery of services improve the life situation of your clients? Overall agency success – How do you measure if your agency is “doing its job” well? Process Evaluation: The program will have met its goals and objectives by providing all victims with ongoing support during and after his/her Court appearance. The program will have provided all victims with information on their Rights as well as referrals to resources that may assist victims with recovery. Outcome Evaluation: Our goal is to provide safety and support for victims of domestic violence as well as to educate victims of the Court process and services available. One measure of success is the rate of acceptance of Victim Compensation applications for counseling. In 2017, 70 victims contacted at arraignment took applications for Victim Compensation. We constantly encourage victims to participate in counseling. We hope our efforts to encourage counseling for victims will help them recover. It is difficult to quantify this measure of success. It is noted; however, that many victims contact the Advocate months or years later when facing a separate life crisis. It is a measure of success that the victim feels safe contacting Ms. Maynard to receive counsel, advice, and knowledge of systems even after the case is final. The program also refers victims to community resources to aid with financial recovery. In particular, we refer frequently to Catholic Charites and Integrated Community Family Services (IFCS) to assist those fleeing violence with financial assistance. In 2017, there were 45 referrals made to IFCS to assist domestic violence victims with various financial needs, such as rent, cell phone replacement, bus tickets, and moving expenses. Additional referrals were made to Catholic Charities. We have recently begun using the Apriss record management system and will be able to better track the referrals through that program. Overall agency success: Our relationship with the City Attorney and Judge is excellent. The process with which victims move through the Court process is efficient and informative. Survey reports and follow up phone calls reflect a positive experience in the Court. Victims are encouraged to keep in contact with Ms. Maynard to work through any rough spots in their recovery. If a victim has a concern or complaint at any time during the process, it is immediately staffed between Ms. Maynard and Ms. Wenig. The concern is then addressed where the problem is concerned. This may be with Court, Prosecution, or Page 40 of 174 7 Victim/Witness procedures and the solution is always victim-centered and allows the victim to have a voice in the process. SECTION D: CONSTITUTIONAL AMENDMENT 1. A. Define how this program/project will address the guidelines for assuring the rights of victims and witnesses as outlined in the Victim Rights Act (Section 24-4.1- 302.5 C.R.S.). List specific services to be provided. The Victim/Witness Advocate ensures compliance with the guideline listed for assuring these Rights to victims of domestic violence in the Municipal Court; Englewood Police Department has made a clear effort to provide victims with the services entitled to them by the Victim Bill of Rights. The Court program addresses all of these rights including: the right to be present and informed of critical stages in Court, to be heard at Court proceedings, and to confer with the prosecuting attorney prior to disposition; The victim is asked if restitution is requested and is offered services such as financial or legal help, shelters, or Victim Compensation; The Victim/Witness Advocate has a private office and waiting room at Court so that the victim is assured of safety and privacy before Court proceedings; Each victim is given a brochure at the arraignment, which outlines Victim’s Rights; These Rights are reviewed by the Victim/Witness Advocate periodically to determine the victim’s comprehension of these Rights; Victims are informed of each stage of his/her case; No plea agreement is made with the defendant without consulting the victim; The victim is allowed to address the Court at most hearings; All victims are treated with fairness, dignity, and respect; Victims are informed, present, and heard; Victims are given a free copy of the initial report when requested. B. What services are you providing as outlined in the VALE statute (Section 24-4.2- 105 C.R.S.). The Victim/Witness Advocate program provides the services outlined and ensures compliance with assuring Rights to victims of domestic violence in the Municipal Court through: Providing crisis intervention to victims; Referring victims to appropriate resources, to include Victim Compensation, and assisting victims with filling out forms; Educating victims on the criminal justice system; Assisting with the prompt return of property; Notification of all stages of the case; Intercession with employers or landlords; Page 41 of 174 8 Provision of translation services through language line or interpretation services in person; Assistance with transportation to Court through taxi or RTD pass. 2. Does your agency have a statutory mandate to notify victims under the Victim Rights Amendment (VRA)? xx Yes No If yes, please answer the following questions. How do you presently notify victims of their rights under the VRA? A folder is provided to each victim at arraignment, which contains No Contact Orders, literature on Domestic Violence, a Victim’s Rights brochure, Victim Compensation application and the Victim/Witness Advocate’s card. Ms. Maynard explains these Victim’s Rights to her/him at the arraignment and continues to keep the victim informed of changes in the status of the case, schedules and results of hearings, availability of property return and other information pertinent to the victim’s case while the case is active in Court. Ms. Maynard makes these contacts in person, by phone, and by letter. What is the approximate number of clients who receive notifications made by your agency each year? (N= # of clients) There were approximately 227 victims contacted from July 1, 2017 to June 30, 2017. These victims had cases in various stages of resolution, each needing information on the status of the case as well as other information pertinent to the victim’s needs, e.g. property return, Victim Compensation information, etc. What is the approximate total number of notifications made by your agency each year? (N=# of total notifications) Each victim has on average 5 contacts with the Victim/Witness Advocate during the course of the case in Court. With 227 victims in this time period, this equals approximately 1,135 contacts with victims in person, by phone, and by letter. Ms. Maynard also contacts victims who have made a police report that does not result in charges filed to assess safety, review Rights, and provide resources and support. These additional contacts are not reflected in these numbers. However, 193 additional contacts were made to victims facing domestic violence outside of the Court process. 3. Does your agency have a victim rights brochure that is distributed to victims? A Victim’s Rights Brochure is attached. This is given to each victim at the time of arraignment or through a letter sent to the victim. We are in the process of updating the brochure. 4. Describe the training your agency provides to all staff and volunteers about Page 42 of 174 9 informing victims of their rights under the Colorado Constitution. Date of last training: October 2017 Training provide by: Nancy Wenig What percent of your staff attended the above training? 100% Who conducted the training session? Nancy Wenig, Victim Assistance Coordinator If last training was more than a year ago, Date of your next training: Who is the trainer? 5. Are any of the services provided by your agency eligible for Crime Victim Compensation reimbursement? Yes xx No Is so, list services: Does your agency regularly conduct or receive Crime Victim Compensation training for direct services staff or volunteers? xx Yes No Describe the training on victim compensation that has been provided to your staff and volunteers. Date of last training: October 2017 Training provide by: Nancy Wenig SECTION E: ADDITIONAL COMMENTS We would like to express our gratitude and appreciation for the funding that the VALE Board has given to this program. The program is essential to the operation of the Municipal Court domestic violence program. The presence of a full-time Advocate in the Municipal Court provides an invaluable resource to victims of domestic violence. Due to the size of the program and population, Ms. Maynard is able to provide victims with compassionate and professional advocacy. Page 43 of 174 10 SECTION F: BUDGET SUMMARY/FINANCIAL INFORMATION 1. Total amount of VALE funds requested: $ $21,332.00 2. Will the amount requested provide full funding for the project? Yes xx No If no, please identify other funding sources and amounts received within the past two years. Do not include other VALE funding. Please also include other pending grants. Source Date of Award Amount 3. Are you currently receiving VALE funding? xx Yes No If yes, please identify the Judicial District and the amount requested and received. Include current year funding from the 18th Judicial District. Date of Award District Amount Requested Amount Received 04/14/17 18 $23,940.00 $20,000.00 4. Will you be applying to other VALE Boards for funding? Yes xx No If yes, please identify the Judicial District and the amount requested. Date of Request District Amount Requested 5. Does your agency receive victim assistance funding through the use of a municipal surcharge? If yes, you must provide specific documentation outlining your agency’s surcharge intake for the last two fiscal years and detailing how these funds were distributed. In 2014, Judge Atencio granted a domestic violence fee of $50.00 to be assessed on each case involving a domestic violence disposition. The Court has collected $5555.45 thus far. None of these monies have been spent. When assessing the fee, Judge Atencio indicated that the program may use it to benefit victims of domestic violence or to offset costs of the program. There are not enough funds to supplement salary at this point. The fund depends on payment from defendants and will most likely not see a significant balance for some time; however, we are excited for this step. 6. If an increased amount of funding over this year’s grant award is being requested, please provide written justification. Substantiate or quantify factually or with other supportive documentation. The Grant request is reflective of 40% of the base salary for the position. It is an increase in the award from last year and a decrease from the amount requested last year. Page 44 of 174 11 7. Anticipated client fees if any, from this project: $____none_____________ 8. Describe the volunteer and/or in-kind services that will be used for this program/project. No volunteer hours contribute to this program 9. What percentage of your total budget is this request for VALE funds? Approximately 40% of the total budget would be VALE funded. 10. If this program/project is to continue beyond the initial funding period, please identify how the program/project will be funded in the future. Please be specific. The City of Englewood is committed to the Victim/Witness Program in the Municipal Court. The City is willing to provide the difference in the total cost of the program. 11. Have you applied for VOCA funding? If not why? We will apply for VOCA funding this year. Page 45 of 174 12 The applicant assures that the following signatories and all staff and volunteers assigned to this project have read and understand the rights afforded to crime victims pursuant to section 24-4.1-302.5 C.R.S. and the services delineated pursuant to sections 24-4.1-303 C.R.S. and 23-4.1-304 C.R.S. I hereby certify that the information contained herein is true and correct to the best of my knowledge and belief. Project Director Typed Name of Project Director Signature Project Director’s Date Agency Director Typed Name of Agency Director Signature, Agency Director Date Financial Officer Typed Name of Financial Officer Signature, Financial Officer Date Authorized Official Typed Name of Authorized Official Signature Authorized Official Date Project Director: The person who has direct responsibility for the implementation of the project. This person should combine knowledge and experience in the project area with ability to administer the project and supervise personnel. He/She shares responsibility with the Financial Officer for seeing that all expenditures are within the approved budget. This person will normally devote a major portion of his/her time to the project and is responsible for meeting all reporting requirements. The Project Director must be a person other than the Authorized Official of the Financial Officer. Agency Director: The executive director of the agency. This may in some agencies be the same person as the project director or authorized official. Financial Officer: The person who is responsible for all financial matters related to the program and who has responsibility for the accounting, management of funds, and verification of expenditures, audit information and financial reports. The person who actually prepares the financial reports may be under the supervision of the Financial Officer. The Financial Officer must be a person other than the Authorized Official or the Project Director. Page 46 of 174 13 Authorized Official: The authorized official is the person who is, by virtue of such person's position, authorized to enter into contracts for the grant recipient. This could include: Mayor or City Manager, Chairperson of the County Commissioners, District Attorney, President of Chairperson of the Board of Directors, Superintendent, or other Chief Executive Officer. Page 47 of 174 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Kelly Martin DEPARTMENT: Police DATE: February 20, 2018 SUBJECT: Application for VOCA Grant DESCRIPTION: Application for VOCA Grant RECOMMENDATION: The Victim Assistance Coordinator is seeking permission to apply for Victims of Crime Act (V.O.C.A.) grant funding. PREVIOUS COUNCIL ACTION: This is the first time that a grant from this organization has been applied for by the City. SUMMARY: The grant application will request $50,850.00 for two years for a part time Victim Assistance Advocate. This position, which will be assigned to the Police Department's Victim Assistance Program will add additional hours of staffing for when an Advocate is on duty. Currently, the Coordinator for this program works regular business hours and then relies on volunteers to cover the needs that are "after hours." The application will request funding for a part time position of 20 hours/week and that employee will cover Friday and Saturday evenings as well as other peak periods. This will position will better serve the needs of the Englewood community by providing support for victims of crimes that may otherwise not be served. ANALYSIS: This grant application requests funding for a part time Victim Assistance Advocate. The Victim Assistance Unit currently employs two full time staff during the daytime work week. We have experienced a decline in volunteers and an increased call load. The part-time Advocate would work in the afternoon and evening to help bridge the gap in services to victims of crime when there is no staff or volunteer available to respond. FINANCIAL IMPLICATIONS: There is no cash match for the grant funding. The grant requires a 25% in-kind match, which will be provided using current volunteer hours and time. As part of this grant we are requesting grant funding to attend a statewide Victim Assistance Conference and there is a match requirement of $1000.00 for per diem that will be funded out of the Police Operating Budget. ALTERNATIVES: Staff will not apply for the grant and the status quo will be maintained. Page 48 of 174 CONCLUSION: Staff Recommends that we are allowed to submit the Grant for the position as described. ATTACHMENTS: CVS Grant Application Resolution; CVS application Page 49 of 174 1 RESOLUTION NO. _____ SERIES OF 2018 A RESOLUTION SUPPORTING THE CITY OF ENGLEWOOD’S POLICE DEPARTMENT GRANT APPLICATION FOR CRIME VICTIM SERVICES (CVS) GRANT FUNDS FOR A PART TIME VICTIM ADVOCATE WHEREAS, the Colorado Division of Criminal Justice Office of Victims Programs provides grant program funds for projects that provide crime victim services; WHEREAS, the grant funds assist local law enforcement agencies to provide grant funded victim advocate personnel; WHEREAS, over the last several years the Englewood Police Department has seen an increase in the call for service have increased which translates to an increase need for services to victims of crime; WHEREAS, with the increase in crime victim services, the Englewood Police Department has experienced a decrease in the number of volunteer crime victim advocates; WHEREAS, the grant funds will assist the Englewood Police Department in hiring a part-time victim advocate, for the next two years; WHEREAS, there are no federal funds being used for the funding the position of a part-time victim advocate; WHEREAS, the Englewood Police Department grant application will request $50,850 in grant funds with a required In-Kind City match of $15,950 for the two year period. The In Kind Match will come from on-call volunteer hours valued at a rate of $10.00 per hour. Englewood’s share has been budgeted under the volunteer pay hours. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council for the City of Englewood, Colorado, hereby authorizes the application for a Crime Victim Services Grant to hire a part-time victim advocate for the next two years, attached hereto as Exhibit A. ADOPTED AND APPROVED this 20th day of February, 2018. ATTEST: , 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 2018. Page 50 of 174 2 ______________________________ Stephanie Carlile, City Clerk Page 51 of 174 Email This Preview Save as PDF Print Close Window A▲▼ Colorado Division of Criminal Justice Office for Victims Programs Announcement for CY19 & 20 Crime Victims Services (CVS) Grant Program Funds 3/9/2018 deadline Englewood Police Department $ 50,850.00 Requested Project Contact Nancy Wenig nwenig@englewoodco.gov Tel: 303-762-2452 Additional Contacts jcollins@englewoodco.gov,swatson@englewoodco.gov Englewood Police Department 3615 South Elati Street Englewood, CO 80110 Chief John Collins jcollins@englewoodco.gov Telephone303-762-2452 Fax 303-783-6902 Web www.englewoodgov.org EIN Organizational Details 1. Applicant "Doing Business As" (DBA) under a parent company/unit of government? 2. Legal Entity Name Enter the Legal Entity Name here. If your agency is a DBA, the Legal name will be different than the Applicant Name. If your agency is NOT a DBA, then the Applicant Name and Legal Entity Name will be the same. Englewood Police Department 3. Legal Entity Physical Address Enter the Legal Entity Street Address, City, State, Zip + 4 (e.g. 700 Kipling Street, Suite 1000, Lakewood, CO 80215-8957) 3615 South Elati Street Englewood, Colorado 80110 4. Legal Entity County Enter the Legal Entity County where your agency is located. Arapahoe 5. Applicant Type 6. Enter the district information for the physical address of your organization gfedc Yes ✔✔✔✔ No gfedc Not for Profit gfedc State Agency - Higher Education gfedc State Agency - Other ✔✔✔✔ Local Government - City or County gfedc Local Government - DA's Office gfedc Local Government - K-12 Education gfedc Tribal Government 1 Colorado US Congressional District (01-07) 26 State Senate District (01-35) 3 State House District (01-65) 18 Colorado Judicial District (01-22) Page 52 of 174 Geographic Area where Grant Funds will be Utilized 7. Counties Enter the county(ies) where this project will be providing services for this project. If Statewide, enter Statewide in the box provided. Arapahoe County Agency Information 8. Agency Description & Qualifications Englewood Police Department provides emergency response to crime and non-crime incidents within the City of Englewood as the primary law enforcement agency for the City. Englewood is part of the larger Denver Metropolitan area and encompasses 6.65 square miles and has a population of 34,000. Englewood is a home rule municipality and borders the cities of Denver, Sheridan, Littleton, and Cherry Hills. The mission of the City of Englewood is to promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. This is met through the vision statement: To promote and ensure a high quality of life and a uniquely desirable community identity by providing professional law enforcement services, developing strong collaborative problem-solving strategies with the community and by treating everyone with fairness, dignity, and respect. The Victim Services Unit within the Englewood Police Department provides direct services to victims of crime and traumatic events. Englewood Police Department complies with the Victim Rights Act and many of the components are met through direct contact and services with Victim Advocates. Advocates respond to assist victims with their emotional and physical needs, aid in the criminal justice process, provide referrals to community agencies to help bridge the gap and allow recovery from the crime. Advocates implement Rights afforded to crime victims pursuant to section 24-4.1-302.5. Englewood Municipal Court sees cases related to domestic violence and the Englewood Police Department employs a full time Victim Advocate to assist victims of domestic violence throughout the Court process. 48.0048.00 TOTAL Project Overview Project Duration 1. Project Start Date MM/DD/YYYY - Enter 01/01/2019 here for standard projects. 01/01/2019 2. Project End Date MM/DD/YYYY - Enter 12/31/2020 here for standard projects. 12/31/2020 Application Type 3. Please select: CY19-20 - Crime Victims Services Grant Program Project Officials 4. Primary Contact: Name Enter salutation, first, last, title, agency (e.g. Mrs. Sally Smith, Program Coordinator, ABC Company) Nancy Wenig, Victim Assistance Coordinator, Englewood Police Department 5. Primary Contact: Email Address nwenig@englewoodco.gov ✔✔✔✔ CY19-20 - Crime Victims Services Grant Program gfedc DCJ Grant Manager Only - Crime Victims Services Grant Program CY19-20 Page 53 of 174 6. Primary Contact: Phone Number 303-762-2452 7. Primary Contact: Mailing Address Street Address, City, State, Zip + 4 (e.g. 700 Kipling Street, Suite 1000, Lakewood, CO 80215-8957) 3615 South Elati Street Englewood, Colorado 80110 8. Project Director: Name Enter salutation, first, last, title, agency (e.g. Mrs. Sally Smith, Program Coordinator, ABC Company) Chief John Collins, Chief, Englewood Police Department 9. Project Director: Email Address jcollins@englewoodco.gov 10. Project Director: Phone Number 303-762-2460 11. Project Director: Mailing Address Street Address, City, State, Zip + 4 (e.g. 700 Kipling Street, Suite 1000, Lakewood, CO 80215-8957) 3615 South Elati Street Englewood, Colorado 80110 12. Financial Officer: Name Enter salutation, first, last, title, Agency (e.g. Mr. John Doe, Senior Accountant, ABC Accounting Services) Kathleen Rinkel, Finance Director, City of Englewood 13. Financial Officer: Email Address krinkel@englewoodco.gov 14. Financial Officer: Phone Number 303-762-2401 15. Financial Officer: Mailing Address Street Address, City, State, Zip + 4 (e.g. 700 Kipling Street, Suite 1000, Lakewood, CO 80215-8957) 1000 Englewood Parkway Englewood CO 80110 16. Signature Authority: Name Enter salutation, first, last, title, agency (e.g. Ms. Jane Austen, Board Chair, ABC Agency). Eric Keck, City Manager, City of Englewood 17. Signature Authority: Email Address ekeck@englewoodco.gov 18. Signature Authority: Phone Number 303-762-2320 19. Signature Authority: Mailing Address Street Address, City, State, Zip + 4 (e.g. 700 Kipling Street, Suite 1000, Lakewood, CO 80215-8957) 1000 Englewood Parkway Englewood CO 80110 Project Details 20. Type of Project(s) (check all that apply) gfedc Child Advocacy Center gfedc Court Appointed Special Advocates (CASA) gfedc Domestic Violence gfedc Domestic Violence/Sexual Assault - Law Enforcement (Officer or Investigator) gfedc Domestic Violence/Sexual Assault - Prosecution (Prosecutor or Investigator) gfedc Dual Domestic Violence/Sexual Assault Agency gfedc Human Services gfedc Multidisciplinary Team (e.g. SART, CCR) gfedc Probation Page 54 of 174 21. Problem Statement More and more people are turning to the Police to assist them in times of crisis and for help with concerns like domestic violence and child abuse. With the deregulation of mental health centers across the nation, a nation in the grips of an opioid epidemic, and a desensitization to violence, more people are finding themselves victims of crime. The Englewood Police Department is a small agency within the larger Denver Metropolitan area. We are a home rule municipality and have a Municipal Court that also has a domestic violence program similar to a Fast Track program where victims of domestic violence experience the criminal justice process. Our community has a lower level of education than the surrounding counties as well as a higher level of poverty and homelessness. Compared to our neighboring cities, calls for service are higher and more people are victims of crime. Englewood Police Victim Assistance has historically employed two full time Advocates to provide services to victims of crime. We have also maintained a volunteer force ranging from 8 to 11 people on average. Calls for services have increased and our volunteer pool has declined. Englewood is also a community in transition. We have recently added 6 new apartment complexes that will add approximately 1200 people to our population. At this time, the Victim Assistance Unit would like to add a part-time Advocate to assist with the increase in call load and to provide more in-depth services to victims of crime who interact with the Englewood Police Department. Englewood Victim Assistance has two full time staff members, both who have been with the Department for a long time, are highly trained and experienced, and who are committed to victims of crime. At times, we have had had interns to help us provide in-depth services to victims in our community. During the regular work day, the two full-time Advocates are generally able to respond to needs of victims. We have had difficulty maintaining volunteers in recent years and getting shifts covered on nights and weekends has become problematic. We have relied on neighboring agencies to cover the on-call hours. This has been a wonderful help, but it does not allow for continuity of services for victims. At times, we don't receive reports from the on-call Advocates and victims may need to repeat their stories or start over with a new Advocate. Hiring a part time Advocate would provide victims with compassionate and professional advocacy over the weekend and some nights. We have also experienced a higher rate of felonious assaults, sexual assault, and domestic violence. These cases require more in-depth and personal advocacy, which takes time and dedication. We know there are cases where victims do not receive access to services until the next business day due to lack of staffing. We would like to close the gap so that victims can receive the same level of service during the off hours that they do during the week day. Officers use Victim Assistance frequently when they know a staff member is on duty. At times, they have been reluctant to call someone out in the middle of the night as they don't want to inconvenience the volunteer. Having a part time Advocate can help to bridge the gap and more victims will receive prompt Advocacy. 22. Project Summary The project would aim to hire a part-time Advocate who would work some nights and weekend hours. Calls for service increase on Friday and Saturday during our swing-shift and the Advocate would work these hours as well as a week day so that the Advocate can make referrals to community agencies and provide follow-up assistance to victims. The Advocate would implement Rights afforded to crime victims pursuant to section 24-4.1-302.5. and provide crisis intervention to victims on scene or over the phone. The Advocate would attempt to help the victim recover from the crime through support, information on Victim Compensation, community resources, information on the criminal justice process, and assuring safety of the victim. Providing professional advocacy during nights and weekends will alleviate the need for as many volunteers and provide continuity of care for victims. The Advocate would respond to crimes that fall under the Victim Rights Act and assist with felonious crimes, sexual assault, domestic violence, crimes against children, elder abuse, vehicular assaults or homicides, homicides, and other incidents that would result in trauma. The Advocate will increase the response to after hours on-call to 80% and will respond within 30 minutes to the scene. Victims will indicate an increased understanding of the criminal justice process. Advocates will participate in community team meetings to network and learn best practices for victims of crime. The Victim Assistance Unit historically provides a response to approximately 1,000 victims of crime per year. With the additional Advocate, we would like to increase service to 200 more victims per year. Underserved Populations 23. Describe the underserved population(s) in the community you serve (e.g. race/ethnicity, LGBTQI, deaf, disabled, elderly, etc.). Englewood has an above average percentage of people living below poverty. We also have a significant population who are homeless. We are below the State median for household income as well as level of education. We have an above average percentage of those who qualify for SNAP and who are unemployed. Victims of crime are at risk of experiencing homelessness. Through referrals and advocacy, Advocates can connect victims of crime with resources to lessen this risk and help stabilize victims as well as empower their recovery. gfedc Sexual Assault gfedc Sexual Assault Nurse Examiner (SANE) gfedc Statewide Coalition gfedc Training (Statewide or DV/SA specific) ✔✔✔✔ Victim Services gfedc Other (explain in the project description) Page 55 of 174 Englewood also has incredible community agencies working to help those in need. Integrated Family Community Services provides rental assistance, a food bank, and back to school help. The Salvation Army has a location in the City of Englewood. We have a long term shelter for those fleeing Domestic Violence. We have an agency named Giving Heart that works to provide services to the homeless and runs a severe weather shelter from the location. We have two yoga studios that assist victims of trauma in healing. We also have many therapists in the community who work in Englewood. The Englewood Schools have been wonderful partners in helping students who experience crime. There are many services to access in Englewood. 24. How did you determine the underserved populations? (cite sources) This was determined using Census Data, the Arapahoe County Point in Time Summary to gauge homelessness, as well as the GIS research project. Englewood Public School demographics were also insightful. Population surveys completed by the Englewood Community Development department were also consulted to provide information. Staff knowledge of the community agencies was also relied upon. 25. Is your agency a culturally specific community based organization? (Please see application instructions for criteria before answering this question) If Yes, please explain. If No, enter "No" in the space provided. No Additional Questions 26. Can your agency serve any age sex assault victim? [Non-Profits Only] If your agency is not a non-profit, enter NA below. 27. Describe how your agency assists victims in applying for Crime Victim Compensation. (enter NA if your agency does not assist victims in applying for Crime Victim Compensation) Victims of crime are informed of their Right to apply for Victim Compensation in person, over the phone, or by mail or email. Each eligible victim is given a Victim Rights brochure which also indicates applicability for Victim Compensation. Victim Advocates will assist victims with filling out the application. Many times, advocates will discuss Victim Compensation with the victim during the initial incident and assist in filling out the form with them when they are ready. Advocates will also email or mail the form to Victim Compensation for the victim. We are able to provide technical support, such as printing, faxing, or emailing when the victim does not have access to a computer or printer. We also assist in gathering the necessary documentation, such as receipts and bills, to assist victims in providing comprehensive information to Victim Compensation. Victim Compensation is fully explained to victims and a thorough intake is completed with each victim to determine eligibility and compensable requests. 28. Describe how your agency uses volunteers. (enter NA if your agency does not use volunteers) Englewood Police Victim Assistance uses volunteers to cover after hour shifts and weekend calls. Volunteers are fully trained through local Victim Assistance Academies as well as the Colorado Organization for Victim Assistance (COVA). Our current volunteer group is relatively small, but highly experienced and all of the Advocates have been with the Department over three years. They respond on-scene to crime and non-crime incidents to provide crisis intervention, referrals to resources, assistance with Victim Compensation, advise victims of their Rights under the Victim Rights Act, and provide emotional support. They can respond to any call that comes through and the majority of response is directed towards persons crimes, such as: domestic violence, sexual assault, crimes against children, elder abuse, assault, careless driving involving death, homicide, and other crimes where the likelihood of trauma is significant. Volunteers assist victims when paid staff are off or in mass crisis incidents where we may need additional help responding to victim's needs. Volunteers have also been used to assist in the Court for domestic violence cases. They perform the duties of the paid Advocate when she is away and provide support and knowledge throughout the criminal justice process. We have a great group of volunteers that will pitch in where needed and can help during Department events as well. The current group has been extremely dedicated in the past two years while our current volunteer numbers have declined. It is difficult to recruit and maintain new volunteers for various reasons: the shifts are after-hours and often calls are in the middle of the night; crime is unpredictable and calls can be infrequent and this leads some volunteers to become frustrated; and we have a stringent background check that is similar of hired Officers that precludes many from qualifying. 29. Describe how your agency collaborates with community agencies. List at least three (3) agencies, including contact information. DCJ reserves the right to contact these agencies. Englewood Victim Assistance strives to maintain an active collaboration with community agencies. In order to accomplish this goal, our staff Advocates participate in many multi-disciplinary teams within the community. Some examples of collaboration include: The Human Services multi-dicipinary case review team, the Domestic Violence Fatality Review Team, the Arapahoe gfedc Yes gfedc No ✔✔✔✔ NA Page 56 of 174 County Sexual Assault Response Team, the Englewood Schools Interagency Task Force, the Severe Weather Network shelter coalition, the Tri-County Health Healthcare coalition and Mass Casualty response team, and the ArapaHome task force to end homelessness in Arapahoe County. We gain a broader sense of community and service to victims through these networks and value our community partners. In particular, we partner with these agencies most frequently: Catholic Charities Victim Assistance 720-377-1362 Integrated Family Services 303-789-0501 Gateway Battered Women's Shelter 303-343-1851 30. If you are a government agency, describe how you consulted with non-profit victim service agencies in developing your application. (Enter NA, if you are a non-profit organization) Englewood Police Victim Assistance works frequently with non-profits in our community to provide more inclusive services to victims. We fully understand that some victims may reach out to non-profit community victim services agencies rather than the Police Department. We consult with Gateway Battered Women's Shelter to ensure we are maintaining best practices and remain approachable for victims of domestic violence. Some victims may not feel comfortable calling a Police Advocate because of the mandatory arrest law, but they will call a community based Advocate for counseling, shelter, and resources. We also maintain good networking and working relationships so that we can best serve victims. We also consult with SANE nurses and the Blue Bench, which is the rape awareness non-profit in the area. We work frequently with both on the Sexual Assault Response Team (SART) so that we are aware of the needs of victims of sexual assault. We strive to respond to every sexual assault exam and collaborate frequently with the SANE team to ensure that wait times for victims are at a minimum and that they are receiving professional and compassionate advocacy. We consult with the Severe Weather Shelter Network and the Homelessness Awareness and Action Task Force to understand the unique concerns of those who are facing homelessness in our community. Victims of crime are at greater risk of homelessness and we work with these groups to address the concerns victims face. Continuation Applicants 31. Describe any significant project changes (programmatic) from the previously funded project (CY2017, CY2018 grant years). (Enter NA if there are no differences or if you are not currently a CVS grant recipient.) -no answer- Budget Summary Budget Summary Requested/Awarded Grant Funds Cash Match In-Kind Match Match Total Match Total Project Total Project Total Percent Match Personnel $ 47,850.00 $ 15,950.00 $ 15,950.00 $ 63,800.00 $ 47,850.00 0.00 % Supplies & Operating $ 3,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 3,000.00 $ 4,000.00 1.50 % Travel $ 0.00 $ 0.00 0.00 % Equipment $ 0.00 $ 0.00 0.00 % Consultants / Contracts $ 0.00 $ 0.00 0.00 % Indirect $ 0.00 $ 0.00 0.00 % Total $ 50,850.00 $ 1,000.00 $ 15,950.00 $ 1,000.00 $ 16,950.00 $ 66,800.00 $ 51,850.00 1.50 % Additional Financial Details Continuation Applicants Describe any significant project changes (budgetary) from the previously funded project (CY2017, CY2018 grant years). (Enter NA if there are no differences or if you are not currently a CVS grant recipient.) Page 57 of 174 Application ID: 104125 Become a fan of ZoomGrants™ on Facebook Problems? Contact us at Questions@ZoomGrants.com ©2002-2018 GrantAnalyst.com. All rights reserved. "ZoomGrants" and the ZoomGrants logo are trademarks of GrantAnalyst.com, LLC. Logout | Browser * ZoomGrants™ is not responsible for the content of uploaded documents. New Applicants If you are not currently receiving Crime Victims Services grant funds through the Office for Victims Programs, you must describe how the requested budget items are currently being funded. This position is new and not currently funded Additional Project Funding Amount Description Duration Additional Sources of Project Funding Federal $ State $ County Government $ Municipal Government $ Local VALE $ Private $ Other (Specify) $ Total $ 0.00 Documents Documents Requested *Required?Attached Documents * Exhibit D – Statement of Work download template ✔✔✔✔ Statement of Work Exhibit E – Budget & Budget Narrative download template ✔✔✔✔ Budget Narrative Financial Management Questions download template ✔✔✔✔ Total Agency Budget download template ✔✔✔✔ Most recent Audit or Financial Review & Management Letter ✔✔✔✔ Organizational Chart [See instructions] Organizational Chart Job Descriptions [See instructions] Board Member List [Nonprofits only] Proof of nonprofit status [Nonprofits only] Sample timesheet [See instructions] Federally negotiated indirect cost rate agreement [See instructions] Page 58 of 174 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Christa Graeve DEPARTMENT: City Manager's Office DATE: February 20, 2018 SUBJECT: Aid to Other Agencies Funding for Non Profit Organizations DESCRIPTION: Aid to Other Agencies Funding for Non Profit Organizations RECOMMENDATION: Staff recommends that the City approve the Resolution indicating the designation of funding to those not for profit entities selected by the City Council at the October 23, 2017 Study Session. PREVIOUS COUNCIL ACTION: City Council held a Study Session on October 23, 2017 to evaluate the competitive proposals submitted by non-profit entities for the consideration of grants in aid to their operations. ANALYSIS: The City Council has utilized the Aid to Other Agencies process for several years as a means to recognize those not for profit entities who make a contribution to the social health and welfare of the community. While the City's Charter does not stipulate the provision of health and human service programs, the City of Englewood has utilized this process to help with those not for profit organizations that assist Englewood's residents with programs and services for those that are in need. FINANCIAL IMPLICATIONS: The designated amount of funding is $20,000. This amount has been budgeted and appropriated for Fiscal Year 2018. Page 59 of 174 RESOLUTION NO. _____ SERIES OF 2018 A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 2018 BY THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Council has determined that it is more beneficial and cost effective to provide services, it could otherwise provide to the public, through the non-profit agencies listed below; and WHEREAS, Council used an open and competitive process to make difficult decisions with limited funding; and WHEREAS, City Council of the City of Englewood, Colorado discussed the appropriations for aid to other agencies for the year 2018 at the Study Session on October 23, 2017. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The following designations are hereby made to the appropriations in the 2018 Budget of the City of Englewood, Colorado for aid to other agencies; SOURCE OF FUNDS: Total 2018 Budget for Aid to other Agencies $ 20,000 DESIGNATIONS FOR USE: AGENCY PAYMENT TOTAL Arapahoe County Youth Awards $ 200 $ 200 Arapahoe Philharmonic $ 200 $ 200 Brothers Redevelopment $ 2,000 $ 2,000 Cornerstone Food Bank $ 700 $ 700 Englewood Arts $ 100 $ 100 Englewood Historic Preservation $ 500 $ 500 Englewood Veterans Memorial Day $ 500 $ 500 Family Tree, Inc. $ 3,500 $ 3,500 Gateway Domestic Violence Svcs. $ 1,000 $ 1,000 Giving Heart $ 100 $ 100 Homelessness Task Force $ 500 $ 500 Integrated Family Community Svcs. $ 3,500 $ 3,500 TLC Meals on Wheels $ 3,500 $ 3,500 Special Olympics Program $ 800 $ 800 Up Close and Musical $ 400 $ 400 Council Discretionary Fund $ 2,500 $ 2,500 Total $20,000 $20,000 Page 60 of 174 ADOPTED AND APPROVED this 20th day of February, 2018. , Mayor ATTEST: ________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2018. ______________________________ Stephanie Carlile, City Clerk Page 61 of 174 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Gonzalez DEPARTMENT: Human Resources DATE: February 20, 2018 SUBJECT: Prosci Change Management Training DESCRIPTION: Prosci Change Management Training RECOMMENDATION: The Human Resources Department recommends that Council approve, by motion, the contract with Prosci, Inc. to provide change management training to a select group of employees. PREVIOUS COUNCIL ACTION: There has not been any previous council action on this contract. SUMMARY: The Procsi, Inc. Change Management training will provide participants with the knowledge, skills and tools to drive successful change initiatives. During the three day training, holistic change management methodology will be applied to current projects. This will result in plans designed to effectively manage change and enhance project results across the City. ANALYSIS: The push to make Englewood the vibrant city we all want has brought forward many great initiatives that are changing processes and paradigms within our organization. In order to deliver quality service to every City of Englewood stakeholder (employee, resident, council member, customer, investor, business owner, etc.), we need to improve the implementation of initiatives through better change management. A cohort of approximately 16 volunteer employees will be selected through evaluation of their skills, enthusiasm and commitment to the ideology. They will be given the training and tools to improve communication, plan timelines, reduce pinch points, increase engagement, and reduce the natural resistance that inevitably comes with change. Our goal is to develop a cross-departmental skill set to effect positive change through the organization. Page 62 of 174 FINANCIAL IMPLICATIONS: This training will be paid from the General Ledger- Human Resources- Organizational Training budget. The budget for 2018 is $75,000. To date, only $200 has been spent from this account. Tuition and Material Costs Per Participant- Total Tuition and Material Costs for all participant not to exceed $38,400. $2,400 USD per participant for a 3-day standard program Costs will invoiced separately for tuition and materials: Tuition- $1685/pp Materials- $715/pp Travel, meals and lodging for both instructor and training manager, and shipping expenses (T&E) not to exceed $2500. ALTERNATIVES: The alternative is to not do this training. CONCLUSION: Staff supports the Prosci, Inc. Change Management training for development of staff skills and improvement of City-wide project implementation, and asks for Council Approval of the contract to move forward with this effort. ATTACHMENTS: Contract-Prosci, Inc. Certificate of Insurance- Prosci, Inc. Human Resources Budget Page 63 of 174 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 Gonzalez Phone: 303-762-2378 Title: Director of Human Resources Email: mgonzalez@englewoodco.gov Vendor Contact Information Vendor Name: Prosci, Inc. Vendor Contact: Dan Gamble Vendor Address: 5042 Technology Pkwy Vendor Phone: 970-825-5232 City: Fort Collins Vendor Email: generalinquiry@prosci.com State: CO Zip Code: 80528 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: Feb. 27, 2018 End Date: December 31, 2018 Total Years of Term: less than 1 year Total Amount of Contract for term (or estimated amount if based on item pricing): $ Not to exceed 40,900 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Prosci will submit at least one invoice to the City after the services are rendered. The City will remit payment for invoice within 30 calendar days of the receipt date. Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Change Management training from Prosci, Inc. Page 64 of 174 Contract Approval Summary V10/25/2017 Page | 2 Source of funds: Budgeted Funds: $40,900 Line Item Description: Organizational Training Line Item Total Funding: $ 75,000 Portion of Line Item spent to date: $ 200 Funding Source: Fund: 02 Division Code: 0502 Note (if needed): Attachments: ☒Copy of budget page from current budget book if contract value $25,000 or over or requires Council approval. 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 RFP is not required for Professional Services per Charter- Article X, Part IV, Section 113. Prosci, Inc. is the one of the leaders in Change Management training. They were selected due to their reputation and their location in Fort Collins, CO. All other training companies are out of state and would require additional funds for travel expenses. Page 65 of 174 1 CONFIDENTIAL AND PROPRIETARY INFORMATION - FOR USE BY AUTHORIZED EMPLOYEES OF THE PARTIES HERETO ONLY AND IS NOT FOR GENERAL DISTRIBUTION WITHIN OR OUTSIDE THEIR RESPECTIVE COMPANIES PROSCI, INC. PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) effective as of December 8, 2017 (the “Effective Date”) by and between Prosci, Inc., with offices located at 5042 Technology Pkwy., Suite 500, Fort Collins, CO 80528 (“Prosci”), and City of Englewood with a principal place of business at 1000 Englewood Parkway, Englewood, CO 80110 (“City”). Section 1. Background Information 1.1 Prosci is an independent research and education company in the field of change management and has developed a valuable change management methodology that has become one of the most widely accepted and used approaches for managing change in corporations, government agencies, and other entities. 1.2 City is Home Rule Municipality located in Arapahoe County, Colorado, United States. 1.3 Prosci offers a variety of workshops, classes, and seminars designed to build change management capability in individuals and organizations. City desires to engage Prosci to deliver such training and advisory services to City’s employees, as set forth in one or more Statement(s) of Work executed by both parties in accordance with the terms of this Agreement (each an “SOW”). Section 2. Services and Personnel 2.1 Prosci agrees to provide City with instructors employed or engaged by Prosci (“Personnel”) to perform the services specified in each SOW (the “Services”). Any SOW will not be effective until this Agreement and the SOW are executed by both parties. Each SOW will become part of this Agreement, effective on the latter of the Effective Date of this Agreement or the date specified on the SOW. 2.2 Personnel will perform the Services as set forth in each SOW. While the Personnel are on City’s premises in connection with the performance of any Services, they will comply with all of City’s rules, regulations, and policies, including City’s customary security measures, which are provided to Prosci in writing prior to the commencement of the Services and presented to the Personnel upon arrival at the premises. 2.3 Personnel will not for any purpose be considered City’s employee(s). Prosci will be solely responsible for the payment of such Personnel. Prosci will be solely responsible for the withholding and/or payment of all federal, state, and local income and other payroll taxes, workmen’s compensation, disability and other benefits, any required permits or permissions, and all such additional legal requirements of like nature applicable to such Personnel. Prosci agrees to defend, fully indemnify, and hold City harmless against all proceedings and claims against City and any demands, losses, damages, costs, and expenses whatsoever suffered or incurred by City in respect of a failure by Prosci to comply with payment and tax obligations described above. DocuSign Envelope ID: 18CF9B69-54AD-4ABA-B4F4-056366DD0E32 Page 66 of 174 2 CONFIDENTIAL AND PROPRIETARY INFORMATION - FOR USE BY AUTHORIZED EMPLOYEES OF THE PARTIES HERETO ONLY AND IS NOT FOR GENERAL DISTRIBUTION WITHIN OR OUTSIDE THEIR RESPECTIVE COMPANIES Section 3. Prosci’s Intellectual Property 3.1 Prosci’s Copyrights. 3.1.1 Prosci owns all right, title, and interest to and in all Prosci materials, whether electronic or hard copy, including models, assessments, templates, toolkits, websites, webinars, podcasts, tutorials, training materials, course materials, and research, and all derivatives therefrom and updates thereto, including but not limited to the following works and all portions thereof (collectively, the “Prosci Materials”): ADKAR: A model for change in business, government and our community book Change Management: the people side of change book Employees Survival Guide to Change book Prosci Change Management Certification Program – a pictorial review book Best Practices in Change Management report (all editions) Change Management Toolkit (all editions) Change Management Guide for Managers toolkit (all editions) Change Portfolio Toolkit (all editions) Prosci’s Change Management Certification Course (all editions) Prosci’s Change Management Practitioner Course (all editions) Prosci Change Management Program for Managers (all editions) Prosci’s Change Management Sponsor Program (all editions) Prosci’s Change Management Orientation for Employees (all editions) Delivering Project Results: Change Management Workshop for Project Managers (all editions) Facilitator Guides for all role-based programs Prosci.com and change-management.com websites Change Management Pilot Professional application Change Management Practitioner’s eToolkit application Prosci ECM Boot Camp Prosci ECM Roadmap Prosci Change Management Maturity Model Audit All tutorials, webinars, tools, applications, and other materials located at portal.prosci.com and any downloadable materials included therein 3.1.2 Without limiting the foregoing, from time to time Prosci may create and/or author additional materials and/or revise and update existing Prosci Materials, and, upon delivery to City, such materials shall also be considered “Prosci Materials.” City understands and agrees that its ability to use such additional, new, and/or revised Prosci Materials made available to City, if any, will be subject to the terms of this Agreement. DocuSign Envelope ID: 18CF9B69-54AD-4ABA-B4F4-056366DD0E32 Page 67 of 174 3 CONFIDENTIAL AND PROPRIETARY INFORMATION - FOR USE BY AUTHORIZED EMPLOYEES OF THE PARTIES HERETO ONLY AND IS NOT FOR GENERAL DISTRIBUTION WITHIN OR OUTSIDE THEIR RESPECTIVE COMPANIES 3.1.3 City understands and agrees that it may not reproduce, distribute, make derivative works from, translate, or otherwise copy the Prosci Materials except as expressly allowed by this Agreement, a fully-executed SOW, and/or a fully-executed license agreement in effect between City and Prosci. City may not use the Prosci Materials to compete with Prosci by offering change management training and/or certification courses to a third party that use, include, or incorporate any Prosci Materials. 3.1.4 Except for those rights expressly granted in this Agreement, a fully-executed SOW, and/or a fully-executed license agreement in effect between City and Prosci, City receives no right, title, or interest, expressed or implied, in any Prosci Materials. City understands and agrees that all Prosci Materials and any portion thereof are subject to copyright protection. City agrees not to oppose, petition to cancel, attempt to invalidate, or otherwise challenge in any way the copyrightability of the Prosci Materials or Prosci’s rights thereto. 3.2 Prosci’s Trademark Rights. 3.2.1 City agrees and acknowledges that Prosci owns the following trademarks, service marks, and/or trade dress (collectively, and together with any additional trademarks, service marks, and/or trade dress that Prosci currently owns or later acquires, the “Prosci Trademarks”): PROSCI® ADKAR® AWARENESS DESIRE KNOWLEDGE ABILITY REINFORCEMENT® PREPARING FOR CHANGE, MANAGING CHANGE, REINFORCING CHANGE® PEOPLE.CHANGE.RESULTS.™ CHANGE MANAGEMENT LEARNING CENTER™ PCT TRIANGLE DESIGN™ PCT ANALYZER DESIGN™ The Prosci Red Ribbon Design™ The Red, Purple, White, and Black color combination™ CHANGE MANAGEMENT PILOT™ CHANGE MANAGEMENT PILOT PROFESSIONAL™ 3.2.2 City acknowledges and agrees that Prosci is the sole and exclusive owner of all right, title, and interest in and to the Prosci Trademarks. City, by this Agreement or by its use of the Prosci Trademarks, acquires no right, title, or interest in or to the Prosci Trademarks or the goodwill associated therewith. All goodwill created or developed as a result of the use of the Prosci Trademarks by City will inure solely in Prosci. DocuSign Envelope ID: 18CF9B69-54AD-4ABA-B4F4-056366DD0E32 Page 68 of 174 4 CONFIDENTIAL AND PROPRIETARY INFORMATION - FOR USE BY AUTHORIZED EMPLOYEES OF THE PARTIES HERETO ONLY AND IS NOT FOR GENERAL DISTRIBUTION WITHIN OR OUTSIDE THEIR RESPECTIVE COMPANIES 3.2.3 City may use the Prosci Trademarks solely in connection with the internal marketing of the Services and the deployment of Prosci’s change management methodology within the City. Any such use must expressly identify Prosci as the owner of the mark or marks. City understands and agrees that it may not use the Prosci Trademarks for any other purpose, including but not limited to external advertising or marketing, without express written consent from Prosci. 3.2.4 City will not revise, alter, translate, or otherwise modify the Prosci Trademarks, including the ® and/or ™ notices, without prior written permission from Prosci. City will not combine the Prosci Trademarks with any other marks, terms, slogans, designs, and/or symbols. 3.2.5 City agrees not to oppose, petition to cancel, attempt to invalidate, or otherwise challenge in any way the validity of the Prosci Trademarks or Prosci’s exclusive rights thereto. Except for the rights expressly granted herein, nothing in this Agreement expressly or implicitly grants City the right to use any Prosci Trademarks in any other manner. Section 4. Payment 4.1 City will pay Prosci at the rate identified and listed in any applicable, executed SOW. All rates are exclusive of any sales, use, value added, excise, or other similar taxes that may be imposed by federal, state, or local governments, which are City’s responsibility. City will reimburse Prosci for the costs incurred by Prosci related to the performance of the Services on a flat-rate basis as described in the applicable SOW. If requested by City, Prosci will submit supporting documentation and any requested expense form. 4.2 Prosci will submit at least one invoice to City after the Services are rendered in accordance with the terms of any executed SOW. Invoices will include Prosci’s fees, material costs, shipping expenses, travel and lodging expenses, and other expenses and/or fees as indicated in an applicable, executed SOW, together with appropriate receipts. City will remit payment for any such invoice within thirty (30) calendar days of the receipt date, except with respect to those amounts that are subject to a Good Faith Dispute. 4.3 “Good Faith Dispute” means a good faith dispute by City of certain amounts invoiced under this Agreement and/or under one or more executed SOW(s); provided that a “Good Faith Dispute” will be deemed to exist only if: (a) City has given written notice of the dispute to Prosci promptly after receiving the invoice; and (b) the notice explains City’s position in detail. A Good Faith Dispute will not exist as to an invoice in its entirety merely because certain charges or fees have been disputed, but may exist to an invoice in its entirety if all amounts on such invoices are subject to a Good Faith Dispute. Where a Good Faith Dispute exists on a portion of an invoice, City agrees to pay the remainder of the invoice upon the terms in Section 4.2. Both parties agree to use commercially reasonable efforts to resolve a Good Faith Dispute within thirty (30) calendar days of the written notice of a Good Faith Dispute. If no mutually acceptable resolution can be found within thirty (30) calendar days, the dispute will be subject to Section 9.6. DocuSign Envelope ID: 18CF9B69-54AD-4ABA-B4F4-056366DD0E32 Page 69 of 174 5 CONFIDENTIAL AND PROPRIETARY INFORMATION - FOR USE BY AUTHORIZED EMPLOYEES OF THE PARTIES HERETO ONLY AND IS NOT FOR GENERAL DISTRIBUTION WITHIN OR OUTSIDE THEIR RESPECTIVE COMPANIES 4.4 In the event this Agreement or an executed SOW is terminated by Prosci, City is obligated to pay Prosci for Services actually rendered and accepted through the date of termination. In the event this Agreement or an executed SOW is terminated by City, City is obligated to pay Prosci for Services actually rendered and expenses incurred through the date of termination, as well as fees owed under the cancellation policy set forth in Section 4.5. 4.5 The program dates set forth in an SOW are considered finalized upon mutual execution of such SOW. Cancellation or date changes made to the SOW by City between 60 and 45 calendar days from the start of the program will be subject to payment for prearranged travel and lodging that cannot be cancelled without penalty. Cancellation or date changes made to the SOW between 45 and 30 calendar days are billed at 50% of total program costs and prearranged travel and lodging that cannot be cancelled without penalty. Cancellation or date changes to the SOW within 30 calendar days are billed at 100% of total program costs and prearranged travel and lodging that cannot be cancelled without penalty. In the event that an SOW is cancelled, only product costs are refundable. Section 5. Confidentiality 5.1 Prosci understands and agrees that City may disclose information and materials to Personnel during the course of the Services, including for example, information relating to City’s projects or customers (the “City Confidential Information”). City agrees to mark all written confidential materials with the legend CITY CONFIDENTIAL or other similar legend. Additionally, Prosci will consider information relayed to Personnel orally or verbally as City Confidential Information provided (a) City identifies information as being confidential at the time of disclosure and (b) within ten (10) business days thereafter the disclosure is summarized in tangible form and appropriately labeled as being confidential. Specifically, if a SOW includes any Prosci Services t hat require participants to bring a live project to the training session, all information regarding any such project will be considered City Confidential Information by Prosci. City agrees to disclose only the minimum amount of City Confidential Information reasonably necessary for Prosci to perform the Services. 5.2 Notwithstanding Section 5.1 and Section 5.3, City Confidential Information will not include and Prosci shall not have obligations with respect to: (a) information, data or materials which are developed by Prosci independently without use of or reference to City’s Confidential Information; (b) information published or disclosed by City to others without a restriction on its use and disclosure; and/or (c) information lawfully obtained by Prosci from other sources which Prosci reasonably believes lawfully came to possess it. 5.3 City Confidential Information will be held in confidence by Prosci, using the same standard of care as it uses to protect its own Confidential Information, but in no event less than a reasonable standard of care and will not be used or disclosed for any purpose other than performing under or receiving the benefits of this Agreement and/or any SOW, or otherwise enforcing its rights. DocuSign Envelope ID: 18CF9B69-54AD-4ABA-B4F4-056366DD0E32 Page 70 of 174 6 CONFIDENTIAL AND PROPRIETARY INFORMATION - FOR USE BY AUTHORIZED EMPLOYEES OF THE PARTIES HERETO ONLY AND IS NOT FOR GENERAL DISTRIBUTION WITHIN OR OUTSIDE THEIR RESPECTIVE COMPANIES 5.4 Prosci will not disclose City Confidential Information except: (a) to its employees and agents, including but not limited to Personnel, to whom disclosure is necessary for performing under or receiving the benefits of this Agreement, who have been notified of the confidential nature of the Confidential Information and who have agreed to maintain the Confidential Information in a manner consistent with Prosci’s obligations hereunder; or (b) as required by law, regulation, or court order. Prosci will advise such personnel having access to City Confidential Information of the confidential and proprietary nature thereof and the requirements of this section. If Prosci learns of any unauthorized use or disclosure of City Confidential Information by any Personnel, former personnel, employee, or its agents, Prosci will promptly advise City in writing. 5.5 Upon City’s request, Prosci will destroy, delete, or surrender to City all City Confidential Information. 5.6 Nothing in this Agreement prevents or prohibits Prosci from offering or rendering its Services to any other third party. 5.7 In the event that the disclosing party receives an Open Records request, as such term is defined in the Colorado Open Records Act, C.R.S. 24-72-2017 et. seq., the disclosing party shall notify the other party of such request. Section 6. Term and Termination 6.1 The term of this Agreement shall commence on the Effective Date and expire on December 31, 2018, unless otherwise extended by mutual agreement in writing by the parties. Completion of the Services under any executed SOW will not automatically terminate this Agreement but will terminate the executed SOW under which such services were rendered. 6.2 Either Prosci or City may terminate this Agreement for any reason upon sixty (60) calendar day written notice and City may terminate any SOW by providing Prosci with a seven (7) calendar day written notice. Cancellation of any executed SOW by City is subject to the cancellation fees described in Section 4.5. Prosci may terminate any SOW by providing City with a five (5) calendar day written notice if City fails to comply with the terms of that SOW. 6.3 Either Prosci or City may terminate this Agreement or any executed SOW at any time upon material breach of this Agreement by the other party which is not cured within ten (10) business days after receipt of written notice of the breach. In the event of an uncured material breach by City of Section 3 (Intellectual Property), City will cease all use of the Prosci Trademarks and Prosci Materials immediately upon termination of this Agreement. In the event of termination or expiration, the parties reserve all other available remedies at law or in equity. 6.4 The provisions of Section 3, Section 4, Section 5, Section 6.3, this Section 6.4, Section 7.3, Section 7.4, Section 8, and Section 9 (excluding Section 9.1) will survive termination of this Agreement and any SOW. DocuSign Envelope ID: 18CF9B69-54AD-4ABA-B4F4-056366DD0E32 Page 71 of 174 7 CONFIDENTIAL AND PROPRIETARY INFORMATION - FOR USE BY AUTHORIZED EMPLOYEES OF THE PARTIES HERETO ONLY AND IS NOT FOR GENERAL DISTRIBUTION WITHIN OR OUTSIDE THEIR RESPECTIVE COMPANIES 6.5 The parties understand and acknowledge that each party is subject to Article X, §20 of the Colorado Constitution (“TABOR”). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. 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, notwithstanding anything in this Agreement to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. Section 7. Warranties, Disclaimer and Indemnity 7.1 Prosci represents that (a) all Services will conform to the specifications set forth in the applicable SOW, (b) all Services will be provided with professionalism, and (c) that any Personnel providing the Services is properly trained to perform such Services for which the Personnel is responsible. In the event that any Services do not conform to the foregoing criteria, Prosci will make commercially reasonable efforts, upon written notice from the City and at no expense to City, to correct any deficiencies which prevent(ed) such Services from conforming to the criteria. 7.2 Prosci and City represent, warrant and agree (a) to comply with all laws, rules, and regulations, whether local, state or federal, in connection with its performance under this Agreement and any executed SOW, and (b) that execution and performance of this Agreement and performance of each SOW does not conflict with or violate any commitment, agreement, or understanding it has, or will have, to or with any other person or entity. 7.3 Prosci agrees to indemnify the City against and save the City harmless from any and all suits, proceedings at law or in equity, claims, liabilities, damages, costs, payments and expenses, including reasonable attorney’s fees, asserted against or incurred by the the City, arising out of any bodily injury to any person or damages to any tangible property of a third party or death arising as a result of Prosci’s negligence or willful misconduct. The foregoing indemnification is contingent upon the City providing prompt written notice of any claim to Prosci and permitting Prosci to maintain sole control of the defense of the claim. 7.4 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE PROSCI MATERIALS AND SERVICES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY PROSCI, ITS AGENTS, PERSONNEL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE DocuSign Envelope ID: 18CF9B69-54AD-4ABA-B4F4-056366DD0E32 Page 72 of 174 8 CONFIDENTIAL AND PROPRIETARY INFORMATION - FOR USE BY AUTHORIZED EMPLOYEES OF THE PARTIES HERETO ONLY AND IS NOT FOR GENERAL DISTRIBUTION WITHIN OR OUTSIDE THEIR RESPECTIVE COMPANIES OR NONINFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. Section 8. Limitation of Liability 8.1 Prosci will not be liable for any indirect, incidental, special, or consequential damages (e.g., loss or interruption of business), whatsoever associated with, arising out of, or connected with this Agreement or the use or misuse of any materials provided by Prosci. Prosci’s total and aggregate liability for any damages under any provision of this Agreement is in any case limited to the amounts actually paid or owed by City to Prosci for the Services, provided, however, the foregoing shall not apply to Prosci’s obligation to indemnify pursuant to Section 7.3. 8.2 City will not be liable for any indirect, incidental, special, or consequential damages (e.g., loss or interruption of business) whatsoever associated with, arising out of, or connected with this Agreement. City’s total and aggregate liability for any damages under any provision of this Agreement is in any case limited to amounts actually paid or owed by City to Prosci, provided, however, the foregoing shall not apply with respect to any damages, expenses or liability arising out of, or resulting from a breach of, Section 3. Section 9. Miscellaneous 9.1 Insurance. During the term of this Agreement, Prosci will, at its own cost and expense, obtain and maintain in full force and effect, the following insurance coverage: (a) workers’ compensation and disability insurance in statutory amounts; (b) employer’s liability insurance with minimum limits of $500,000; (c) automobile liability insurance with a combined single minimum limit of $1,000,000 for bodily injury and property damage; and (d) general comprehensive liability insurance or suitable umbrella insurance with minimum single limit coverage of $5,000,000. Upon request, Prosci will provide City with proof of such coverage, and in the event such coverage changes or is canceled during the term of this Agreement, Prosci will immediately notify City. 9.2 Assignment. Neither party may assign (by operation of law or otherwise) or otherwise transfer this Agreement, in whole or in part, without the prior written consent of the other party. Notwithstanding the foregoing, either party may assign this Agreement, without the consent of the other, in the case of a sale or transfer of all or substantially all of its business or assets. 9.3 Notice. Any and all notices or other communications required or permitted by this Agreement, any executed SOW(s), or by law to be served or provided by one party to another will be written in the English language and delivered by express courier service (e.g., FedEx) with delivery receipt or secure email attachment with receipt confirmation. All notices must be sent to the addresses set forth in the preamble or to such other address that a party specifies in a notice delivered pursuant to this Section 9.3. 9.4 Disclosure. The terms of this Agreement and/or any executed SOW(s) may not be disclosed to any third party except: (a) as required by law, regulation, or court order; DocuSign Envelope ID: 18CF9B69-54AD-4ABA-B4F4-056366DD0E32 Page 73 of 174 9 CONFIDENTIAL AND PROPRIETARY INFORMATION - FOR USE BY AUTHORIZED EMPLOYEES OF THE PARTIES HERETO ONLY AND IS NOT FOR GENERAL DISTRIBUTION WITHIN OR OUTSIDE THEIR RESPECTIVE COMPANIES (b) in response to a discovery request or subpoena, under a protective order; and (c) to the parties respective professional advisors. Notwithstanding the foregoing, in the event that a disclosing party receives an Open Records request, the disclosing party shall notify the other party to this Agreement of such request. 9.5 Irreparable Harm. The parties agree that a breach of Section 3 or Section 9.4 by City may result in irreparable injury to Prosci for which there is no adequate remedy at law. Therefore, notwithstanding Section 9.6, in the event of any breach or threatened breach of such obligations, Prosci will be entitled to seek equitable relief in addition to its other available legal remedies in a court of competent jurisdiction. 9.6 Choice of Law and Enforcement. This Agreement and all disputes arising out of this Agreement will be governed by the laws of the State of Colorado, except its choice of law and conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded from application to this Agreement. Except as provided in Section 9.5, all disputes arising under this Agreement will be subject to the exclusive jurisdiction of the state or federal courts located in Denver, Colorado. Prosci and City hereby irrevocably submit to the personal jurisdiction of and venue in such courts. In the event legal action is brought by either Prosci or City to enforce the terms of this Agreement, the prevailing party will be entitled to recover reasonable attorney’s fees and expenses in addition to any other relief deemed appropriate by the court. Prosci and City will comply with all laws, rules and regulations, whether local, state, or federal, in connection with this Agreement. 9.7 Interpretations. 9.7.1 This Agreement and any executed SOW will not be construed against the party preparing it but will be construed as if both parties jointly prepared this Agreement, and any uncertainty and ambiguity will not be interpreted against any one party. All fees stated herein are made, and all fees and other amounts owing hereunder shall be paid in, United States Dollars. 9.7.2 If any provision of this Agreement is found to be illegal or unenforceable under or in conflict with any valid controlling law, the validity of the remaining provision s will not be affected thereby. 9.7.3 The section headings appearing in this Agreement or any executed SOW are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope of extent of such section or in any way affect such section. If any translations of this Agreement are made, the English version shall control. 9.8 Waiver, Integration, Alteration. 9.8.1 The waiver of a breach hereunder may be affected only by a writing signed by the waiving party and will not constitute a waiver of any other breach. DocuSign Envelope ID: 18CF9B69-54AD-4ABA-B4F4-056366DD0E32 Page 74 of 174 10 CONFIDENTIAL AND PROPRIETARY INFORMATION - FOR USE BY AUTHORIZED EMPLOYEES OF THE PARTIES HERETO ONLY AND IS NOT FOR GENERAL DISTRIBUTION WITHIN OR OUTSIDE THEIR RESPECTIVE COMPANIES 9.8.2 This Agreement, including any executed SOW(s), represents the entire understanding between the parties with respect to the subject matter herein contained, and supersedes all other oral or written agreements or understanding, express or implied, between the parties that may relate to any aspect of the Services; with the exception of any Single-User License or any license agreement executed in writing between City and Prosci. Any additional terms set forth on City’s purchase order(s) or other document(s) relating directly or indirectly, to the subject matter of this Agreement are not enforceable unless specifically agreed to in writing signed by Prosci. Filling a purchase order request does not constitute agreement to its terms by Prosci. In the event of a conflict between the terms of this Agreement and the terms set forth in a City purchase order, the terms of this Agreement shall prevail. 9.8.3 A provision of this Agreement may be altered only by a writing signed by both parties. 9.9 Independent Contractors. The parties are and will remain independent contractors and nothing herein expressly or implicitly creates an agency, partnership, or joint venture between the parties hereto. Nothing in this Agreement will be interpreted or construed as creating or establishing an employer/employee relationship between City and either Prosci or any employee or agent of Prosci. 9.10 Duty to Enforce. Failure by one party to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. 9.11 Force Majeure. Neither party shall be in default for any delay in its performance (other than payment requirements) resulting from causes beyond its control and where not reasonably foreseeable and preventable on the date of signing this Agreement (each a “Force Majeure Event”); provided, however, that the non-performing party gives the other party notice as soon as practicably possible after becoming aware of the occurrence of a Force Majeure Event. The delayed party’s time for performance will be deemed to be extended for a period equal to the duration of the conditions beyond its control. Conditions beyond a party’s reasonable control include, but are not limited to, natural disasters, acts of government after the date of the Agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war and epidemics. In the event either party’s performance is delayed for more than thirty (30) calendar days in the aggregate as a result of a Force Majeure Event, either party may terminate this Agreement (including any attachments affected by such force majeure condition) upon notice to the party claiming the Force Majeure Event. 9.12 Execution. This Agreement and any SOW may be executed simultaneously in two or more counterparts, each of which will be considered an original, but which counterparts together will constitute one and the same instrument. The parties shall treat faxed, .pdf, or emailed or other electronically signed documents (including documents signed through e-sign service providers such as DocuSign) as originals; however, this shall not preclude DocuSign Envelope ID: 18CF9B69-54AD-4ABA-B4F4-056366DD0E32 Page 75 of 174 11 CONFIDENTIAL AND PROPRIETARY INFORMATION - FOR USE BY AUTHORIZED EMPLOYEES OF THE PARTIES HERETO ONLY AND IS NOT FOR GENERAL DISTRIBUTION WITHIN OR OUTSIDE THEIR RESPECTIVE COMPANIES either party from requiring the exchange of original (e.g., “wet-ink”) signatures upon the request of a party. IN WITNESS THEREOF, the parties have executed this Agreement, intending to be bound as of the Effective Date set forth above. City of Englewood Prosci, Inc. By: _______________________________ By: ______________ Printed Name: ______________________ Printed Name: ______________________ Title: ______________________________ Title: ______________________________ Date: ______________________________ Date: ______________________________ DocuSign Envelope ID: 18CF9B69-54AD-4ABA-B4F4-056366DD0E32 January 31, 2018 Associate Counsel Gregory Henning Page 76 of 174 Statement of Work for Prosci Change Management Certification Program Page 1 of 3 STATEMENT OF WORK No. 1 to PROSCI, INC. PROFESSIONAL SERVICES AGREEMENT This Statement of Work originating on January 29, 2018 (the “Origination Date”) is attached to and made a part of the Professional Services Agreement between Prosci, Inc. and City of Englewood (“Company”) dated December 8, 2017 (the “Agreement”). Unless otherwise defined herein, all capitalized terms in this Statement of Work will have the meanings set forth in the Agreement. In the event of a conflict between the terms and conditions of the Agreement including the Statements of Work and any other oral or written understandings, arrangements or agreements between the parties, including purchase orders, the terms and conditions of the Agreement including the Statements of Work shall prevail. Scope of Services: Prosci will provide the following services to Company (“Services”): Prosci Change Management Certification Program Service Sites: Services will be performed at the following location(s): Englewood, CO Service Date(s): Day 1: February 27, 2018 – 8:00 am to 5:00 pm Day 2: February 27, 2018 – 8:00 am to 8:00 pm Day 3: March 1, 2018 – 8:00 am to 3:00 pm Training Materials to be provided by Prosci: Prosci Change Management Certification training materials package, including: single user access to the Practitioner eToolkit, the Prosci Best Practices Report, four reference books, and other miscellaneous program supplies. Prosci Instructors: The Services will be performed by a Prosci instructor and a Prosci training manager. DocuSign Envelope ID: 1F195207-25A4-48D7-933E-87AA14A7AC8E Page 77 of 174 Statement of Work for Prosci Change Management Certification Program Page 2 of 3 Program Costs Item Cost (in USD) Notes Tuition and Material Costs Per Participant $2,400 USD per participant for a 3-day standard program. Costs will be invoiced separately for tuition and materials: Tuition - $1,685/ pp Materials- $715/pp Minimum participants: 8 Maximum participants, unless otherwise agreed upon by the parties in writing: 16 Total Tuition and Material costs for all participants not to exceed $38,400. Materials must be procured from Prosci. No internal production. Travel, meals and lodging for both instructor and training manager, and shipping expenses (T&E) Total T&E expenses not to exceed $2,500. Domestic flights booked economy class. Direct flights when possible. Company will be invoiced for each set of materials shipped to the program and the actual number of participants in attendance but in no case less than eight participants. Company Assignments The following requirements must be performed by Company prior to the program start date (“Company Assignments”): 1. Company will provide to Prosci the name and email address of each program participant. Non- participants are not allowed to attend the program. 2. Company will provide to Prosci a written project summary and assessments by project. 3. Company will identify an executive sponsor to be involved in program preparation and high-level program support. 4. Company will confirm to Prosci that the meeting space availability includes a primary classroom that allows participants approximately three feet of table space and sufficient breakout areas. The same meeting space must be used for the full duration of the program. In the event that Company is unable, or is in danger of being unable, to materially satisfy any Company Assignment(s), Prosci shall issue a notice of non-conformance to Company. No more than five (5) business days following such notice, Company will correct the non-conformance or the parties will confer to reach a mutually agreeable resolution. If Company fails to correct the non -conformance or the parties are unable to find a mutually agreeable resolution, Prosci reserves the right to cancel the SOW and Company will be responsible for 50% of the total professional services fees and 100% of any non - refundable expenses related to travel and lodging. Logistics Company will assign a logistical contact who will work with Prosci on all logistics necessary for the preparation and implementation of the program. The overall accessibility, responsiveness and actions taken by the Company contact are critical for the success of the course. DocuSign Envelope ID: 1F195207-25A4-48D7-933E-87AA14A7AC8E Page 78 of 174 Statement of Work for Prosci Change Management Certification Program Page 3 of 3 Audio/Video equipment for on-site programs must be provided by the Company. Audio/Video equipment includes five easels and easel pads, one laptop computer per group (laptop must have Microsoft Office 2007 or newer), one PC projection unit, and one screen. Company is responsible for ensuring refreshments are available to participants at mealtimes and breaks throughout the program and for arranging a group dinner prior to the presentation activity on the evening of Day 2. Lodging arrangements and reservations for the participants must be arranged by the Company. Prosci is responsible for making the lodging arrangements of Prosci staff members unless requested otherwise by Company. Participant Certification This program is a certification program. Upon successful completion of this program, each participant will have the distinct designation as being “Certified in the Prosci methodology and tools.” Successful completion of the program includes participation in all program activities, including the Presentation Activity at the end of Day 2. This activity will necessitate participants to stay past normal working hours as detailed in Service Date(s). Any participant not in attendance for at least 90% of the program activities, including the Presentation Activity, will not receive Certification. This Statement of Work is valid only if fully executed by both parties within five business days following the Origination Date. IN WITNESS THEREOF, the parties have executed this Statement of Work, effective as of the Origination Date set forth above. City of Englewood Prosci, Inc. By: _______________________________ By: ____________ Printed Name: ______________________ Printed Name: ______________________ Title: ______________________________ Title: ______________________________ Date: ______________________________ Date: ______________________________ DocuSign Envelope ID: 1F195207-25A4-48D7-933E-87AA14A7AC8E January 31, 2018 Director of Program Excellence Courtney Schultz Page 79 of 174 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE (A/C, No, Ext): FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC OTHER: EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ $ $ $ $ $ $ AUTOMOBILE LIABILITY ANY AUTO OWNEDAUTOS ONLY HIREDAUTOS ONLY SCHEDULEDAUTOS NON-OWNEDAUTOS ONLY COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE(Per accident) $ $ $ $ $ UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS-MADE DED RETENTION $ EACH OCCURRENCE AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER STATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD Lockton Companies 8110 E. Union Avenue Suite 700 Denver CO 80237 (303) 414-6000 CM Holdings, Inc. Prosci, Inc. 5042 Technology Parkway, Suite 500 Fort Collins, CO 80528 4/1/2018 1403637 X X 1,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X X 10,000 9,000,000 9,000,000 XXXXXXX X X 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 Professional Liab Claims Made Each Claim $5,000,000 Aggregate $5,000,000 N X 1,000,000 1,000,000 1,000,000 Sentinel Insurance Company, Ltd.11000 Hartford Casualty Insurance Company 29424 Philadelphia Indemnity Insurance Co.18058 B 34SBAZN8344 4/1/2017 4/1/2018 B 34SBAZN8344 4/1/2017 4/1/2018 C PHSD1233335 4/1/2017 4/1/2018 B 34RHUXR6765 4/1/2017 4/1/2018 A 34WECAA0515 4/1/2017 4/1/2018 For Information Only 13723894 13723894 3/29/2017 N N N N N N N N N Page 80 of 174 Department Human Resources Fund General Account 0501 Administration and 0502 Operations City of Englewood, Colorado 180 BUDGET 2018 Description The City recognizes that the vitality of our organization in delivering excellent public services to our community is dependent upon our employees. Human Resources is committed to work with all employees to create an environment that will enhance career development, recognize talent and achievement, and expand the scope of individual and team contributions to achieve quality results. Providing Benefits, Risk and Pension administration ensures that the City remains an attractive employer, attracts quality talent and provides a safe working environment. History and Budget Actual Actual Actual Actual Actual Budget Estimate Budget 2012 2013 2014 2015 2016 2017 2017 2018 Revenue Taxes - - - - - - - - Licenses & Permits - - - - - - - - Intergovernmental - - - - - - - - Charges for Services - - - - - - - - Fines & Forfeitures - - - - - - - - Investment Income - - - - - - - - Other - 1,320 6,081 - - - - 6,081 LT Debt Proceeds - - - - - - - - Transfers In - - - - - - - - Total Revenue - 1,320 6,081 - - - - 6,081 Percent Change --------360.68%-100.00%---------------- Expenditure Personnel 320,450 281,071 249,889 351,985 377,281 415,778 496,418 492,982 Commodities 22,173 25,844 28,009 33,309 40,957 28,671 28,671 29,392 Contractual 126,720 101,637 164,058 184,728 263,940 223,436 298,435 248,900 Capital - - - - - - - - Debt Service - - - - - - - - Transfer Out - - - - - - - - Total Expenditure 469,343 408,551 441,956 570,023 682,177 667,885 823,524 771,274 Percent Change 9.69%-12.95%8.18%28.98%19.68%-2.10%23.30%-6.34% Employees FTE 3.51 3.51 3.01 4.43 6.43 6.43 5.43 5.43 Percent Change FTE 0.00%0.00%-14.23%47.05%45.15%0.00%-15.55%0.00% The following Budgeting for Community Goals Department Program List estimates the 2018 Total Cost based on the 2017 personnel and non-personnel costs and FTE department allocations. Before we begin the 2019 budget process, the departments will review their program lists to determine any changes that may expand or contract the program list. Once the program list is finalized, departments will allocate the 2018 budget costs and FTE to programs. Please note: The costs associated with Administration Programs (that display zero dollars, even though FTEs are provided), are allocated to the non-administrative programs as these costs support the department’s overall operations. DEPARTMENT PROGRAM LIST TOTAL: $ 771,274 5.43 Goal Type Number Program Description 2018 Total Cost 2018 FTE Governance 9350 ADMINISTRATIVE - Human Resources Division Administration Administrative tasks in HR (0) 0.33 Page 81 of 174 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jenifer Doane DEPARTMENT: WWTP DATE: February 20, 2018 SUBJECT: WWTP Website Redesign DESCRIPTION: WWTP Website Redesign RECOMMENDATION: The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends that Council approve, by Motion, a contract with Blennd, LLC. for the Wastewater Treatment Plant (WWTP) Website Project for the development and successful launch of a new responsive Wordpress website including design, testing, training and ongoing support for the amount of $27,000. PREVIOUS COUNCIL ACTION: Council approval of the 2018 Littleton / Englewood Wastewater Treatment Plant Budget. SUMMARY: The L/E WWTP website was designed and is currently hosted by Vision Internet. Vision Internet provides a proprietary, subscription-based content management system (CSM) called “VisionLive”, hosting services and technical support. Annual subscription rates average $8000 a year. The L/E WWTP site was created in 2006, and was last updated in 2012. In analyzing the enterprise’s existing website, we concluded that the site needs extensive upgrades, development improvements, new functionality and design updates to match the new branding. We also determined that an open-source CSM such as WordPress would be more optimal based on desired functionality and staff skillsets. Agility and ownership were also considered in the analysis. After reviewing Vision Internet’s hourly rates and previous estimates for upgrades and design changes we found that the costs would be an addition to the annual subscription and charged at rate higher than industry standard. Noting this cost and the limitations of the proprietary system offered by Vision Internet we determined that we needed to request quotes from possible vendors that could provide a custom built WordPress website. The redeveloped website will include environmental education (EE) resources for teachers and parents, interactive maps and GIS (Geographic Information System) information for businesses and community members, and dynamic environmental statistics for public viewing. Educational videos will energize visitors to take an active role in environmental stewardship, and the 3D interactive tour which will provide an insider’s view to the plant from the comfort of their computer or smart phone. Page 82 of 174 ANALYSIS: A Request for Quote (RFQ) was sent on January 2, 2018 to qualifying firms in the Denver Metro area. We received seven (7) responses to the RFQ. Quotes were evaluated on the following criteria: • Level of experience with the features, applications, evaluation and implementation of web sites for diverse entities (weight 35%) • Recommend approach, perceived ability to deliver services and input from references (weight 30%) • Total cost of the project (weight 20%) • Demonstrated understanding of technologies used in development, implementation and hosting of web sites (weight 15%) Staff reviewed all seven (7) quotes and rated them on the above criteria and the company with the highest rating was Blennd, LLC. W e believe this firm will meet the scope of work, within budget and on time. They have experience creating user centric websites for organizations that are mission driven. FINANCIAL IMPLICATIONS: The quote amount has been budgeted and is available under the 2018 Professional Services Budget. Costs will be shared by the Cities of Englewood and Littleton. ALTERNATIVES: We believe if we do not redevelop our site and move to an open-source CSM we will continue see significant drops in search results, site traffic, and user engagement, as well as increased costs with Vision Internet for training and support. Most websites have a “shelf life” of about four or five years before they are considered outdated. The L/E WWTP site was last updated in 2012. Since then, Goggle has released several white papers stating that its algorithm will favor sites that are responsive, relevant and current. If we do not redevelop the L/E WWTP site, our Goggle ranking will continue to drop thus reaching less stakeholders and community members. CONCLUSION: Through a request for quote process, Blennd, LLC., has been determined to be the best vendor to design, develop, and launch the enterprise’s new website. Blennd, LLC., will also provide ongoing maintenance support and Search Engine Optimization (SEO) services to ensure our website stays current, secure and relevant for search engines and users. The new site will play a key role in the rollout of our new mission, vision and values. Through a modern design, educational videos and updated content, our stakeholders will learn the important role we play in the stewardship of our natural resources and sustaining a vital community. As more stringent regulations and nutrient level requirements come online, it will require additional investment and resources from rate payers. Communicating to rate payers the reasons for these additional investments will be critical throughout the process. To do so effectivity, dynamic and informative communication channels must be developed for stakeholder engagement and learning. The enterprise website is essential for success. The limitations of the Page 83 of 174 current enterprise site hinders our abilities to share with and educate the public on this challenge before us. ATTACHMENTS: Contract Approval Summary - Website Redesign Contract - Website Redesign Recommended Vendor Quote - Website Redesign Scoring Sheet - Website Redesign WWTP Budget Page for 2018 - Website Redesign Approved Supervisory Committee meeting minutes - Website Redesign Page 84 of 174 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: Jenifer Doane Kacie Allard Phone: 303-762-2642 303-783-6821 Title: BAC Deputy Director Communications and Data Supervisor Email: jdoane@englewoodco.gov kallard@englewoodco.gov Vendor Contact Information Vendor Name: Blennd Vendor Contact: Chris Kuhn Vendor Address: 1001 Bannock St. Suite 17 Vendor Phone: 303-952-7683 City: Denver Vendor Email: chris@blennd.com State: CO Zip Code: 80204 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: March 2017 End Date: August 2017 Total Years of Term: Total Amount of Contract for term (or estimated amount if based on item pricing):$ 27,000.00 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Attachments: Professional services to redesign, develop and implement a responsive website based on best practices and trends in website design and development. Page 85 of 174 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: Budgeted Funds: $27,000 Line Item Description: Professional Services Line Item Total Funding: $1,000,000.00 Portion of Line Item spent to date: $0 Funding Source:Fund: 90 Division Code: 1712 Note (if needed): Attachments: ☒Copy of budget page from current budget book if contract value $25,000 or over or requires Council approval. Process for Choosing Vendor: ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of proposed awardee ☐RFP: ☐ RFP Evaluation Summary attached ☐ RFP Response of proposed awardee ☒Quotes: Copy of Quotes attached ☐Sole Source: Explain Need below ☐Other: Please describe Page 86 of 174 _m:m_mDon. _uwo_ummm_oz>rmmm<_omm>ommm_smz.. ooaan.2:33..52.new <<m_um=ommnmm?zm2<_8««usage ._.=.m_u_.ommmw.o_._m_mo_.<_nmw>u..om..:m=»E6..>m.mm3m:3_mBmammmoq=._m %<2 83.E6..m2mn:<m_uma__v3.man_um2<mm_._m_m=_a_._.o.Oo_o_.maoOo_.uo..m._o:A..Oo:m:=m:3.man ._.:m0.22m:m_m<<ooQ_oo_o_.mao.m3::.n_um_oo_._uo_.m:o:o6m:_NmaE._am..Em _m<<m2 Em msa 2 Oo_o$aoA..O=<._v. 0.2n_mm__.mmEm"Oo:m:=m_._._:63mam8=39unosamom_..m_:oozmcaaumm2.omm.m<m~m3m immnmzoamm_.<_nmm.amnmno:<m_.m_o:mm_.<_nmm.._.m_:.:omm2.omm_m:Eo_._.m_m8a mm_.<_nmmmmammn_.=uma :m_.mS_manOoamczms.ammimm8um_+o_.3man:mm2_ommo_._3:»:20.29..:5 6:3 mannoun mm"3:::mnm__._. _:no:mEm_.m:o:oaSm8_.mmo_:nman=5"m_.3m:mqm_:m:m_.mm"3::mano:._m_.moonman<m_:m_u_m oosmamqmaoz.24¢qmnm?.manm:35:23<<_.__o_._mam.563.mo_c._o<<_mamma_Sm umammzmqmno. _:6:a.:o8cm_mmm__<coczu.moqmmmm3:056” 3Umms?oam.._.:m~m..3mmm"3::3.05 m:m__Um“E33mm3__o<<m” Am..._:6__mnEm__u_.oum:<_»E_.:m.. mg::6»...mimamm__=3.S_._m.m<m«swamo_. 8::5.02:owamm6_._m.m33:u__u_mman. _:.m:n=u_mman:92.3053ow:m_.wm2m_.mx?mam Ad3:.»mmmoamnm2:...<<o_.xmcamc.:o_.m_.__u =:o:u:oSEmc:_<m..mm..:o_:a_:uasso. __3_.36oou<.._a:.m.Boa.:m_.:m.manEmmx- Soqxm.E._.mnm3m:Aman=mnm_._m_.:m_._m:.m mamm_3__m_._._m_._.m.A3:.mammmnwm?:nEm_3 P...:m..:m_amm?am.m_mo_.=:3mmano=.m_. _:n:m=. _ u3um:<_.Em.A3m__o=.m« .:8__moEm_man_:a:mim_u_.o_um:<_..u:.mA2 m<m..<52.man:m.Em=._.ocm:oc.Sm.._:_<m_.mm man_._o<<m<m_.amm?zm?nce:o_:a__._u_ooom. _._.m:.m_._«E33man3.9.38~m3:_..m_.mmo:v. 5:232mzmina<oum_.m._o:om_mE.ooaqmor =nm:mm.o_.o.:m2<_mm.manA9m__qmgmzmzosm. _:_=m_m_uu__nm:o:m._.m:m<<m_m_m§m_._m.o:m. oo:::cm:o:m_q_<_m_o:mo_.ammmcmmzmamo?:02 o_..aam§13oame:n_:a_:um:<.8363m3. 35mEammoimv. 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Planeteria Media 35,750 6 6 9 9 30 7.5 lots of payment options, 90 day warranty, 8 step process, content is part of their process, RSVP functionality in calendar in events tool, track download numbers of files, member login portal, interactive video education center, unclear what functionality is included in the bid amount, unclear if the project lead is located in Colorado, would we incur any travel cost? Example sites poor quality and lacking modern design. Relish Studio 41,750 5 7 8 8 28 7.1 warranty, gave multiple options for most of the scope, quote expires in 30 days, offered us 2 different hosting options, 2 person firm, no city or utility example, work porfolio includes TapIn but other work not very impressive New Media 41,895 5 6 8 8 27 6.8 give a discount based on billing structure but require at least a 50/50 - not acceptable terms, separate out cost for meetings, resource allocation and correspondence, no city or utility experience but have experience with large brands Fruition 51,270 3 5 7 8 23 5.75 did provide alternative bid for less; however would exclude discovery and design (would be a templated site), outside development team in Ukraine (outsourcing), neither bids included design for the education center, only 30 hours of content migration O2 Group 41,850 5 5 6 5 21 5.35 proposal was hard to read, unclear what items in the scope of work is included in the price Sublime Creations 26,800 8 4 3 3 18 4.3 1 person company, payment terms are not allowed, 1 home page design (standard is 2), 1 hour of training (others said 2), no government examples Page 108 of 174 Department City Manager’s Office Fund Littleton/Englewood Wastewater Treatment Plant Littleton/Englewood Wastewater Treatment Plant 6 BUDGET 2018 History and Budget Actual Actual Actual Actual Actual Budget Estimate Budget 2012 2013 2014 2015 2016 2017 2017 2018 Revenue Taxes - - - - - - - - Licenses & Permits - - - - - - - - Intergovernmental - - - - - - - - Charges for Services 12,683,922 12,840,644 13,446,490 13,650,689 13,299,210 14,752,381 14,692,308 15,456,934 Fines & Forfeitures - - - - - - - - Investment Income 12,920 (3,100) 8,419 6,035 8,492 23,447 23,447 23,447 Other 1,210,526 1,151,813 1,086,577 779,542 952,141 4,379,414 2,119,217 11,389,410 LT Debt Proceeds - - - - - - - - Transfers In - - - - - - - - Total Revenue 13,907,368 13,989,357 14,541,486 14,436,267 14,259,843 19,155,242 16,834,972 26,869,791 Percent Change 9.69%0.59%3.95%-0.72%-1.22%34.33%-12.11%59.61% Expenditure Personnel 6,204,395 6,425,244 6,680,552 7,037,402 7,047,867 7,411,788 7,587,165 8,386,675 Commodities 2,434,588 2,277,475 2,384,463 2,354,167 2,188,195 2,610,000 2,592,800 2,926,555 Contractual 3,808,150 3,937,808 3,988,412 4,065,975 3,809,019 5,053,454 4,830,704 4,456,561 Capital 1,460,235 1,348,831 1,488,059 978,723 1,214,763 4,080,000 1,824,303 11,100,000 Debt Service - - - - - - - - Transfer Out - - - - - - - - Total Expenditure 13,907,368 13,989,357 14,541,486 14,436,267 14,259,843 19,155,242 16,834,972 26,869,791 Percent Change 9.69%0.59%3.95%-0.72%-1.22%34.33%-12.11%59.61% - Employees FTE 77.50 77.50 77.40 77.40 77.40 77.40 78.40 86.00 Percent Change FTE 0.00%0.00%-0.13%0.00%0.00%0.00%1.29%9.69% Page 109 of 174 MINUTES SUPERVISORY COMMITTEE MEETING Thursday, January 18, 2018 2900 South Platte River Drive, Englewood CO 80110 L/E WWTP Conference Room 9:30 am ATTENDING: Supervisory Committee: Eric Keck Englewood City Manager Larry Nimmo Acting Englewood Public Works Director Keith Reester Acting Littleton Public Works Director Mark Relph Littleton City Manager Staff: Kacie Allard Communications & Data Supervisor Tom Brennan Englewood Utilities Director Kurt Carson Deputy Director, Operations & Maintenance Solutions Blair Corning Deputy Director, Strategic Programs Jenifer Doane Deputy Director, Business Admin. & Communications John Kuosman L/E WWTP Director Kathleen Rinkel Englewood, Finance & Administrative Services Director David Robbins Hill & Robbins, Plant Attorney Brenda Varner Government Relations Specialist GUESTS: Robert Gamble Managing Director, PFM Financial Advisors (on Conference Call) Nick Jones Senior Managing Consultant, PFM Financial Advisors (on Conference Call) Cynthia Lane Platte Canyon Water & San. District, Asst. Mgr. David Pier Carollo Engineers, Inc. I. Call to Order The January Supervisory Committee (Committee) meeting was called to order by John Kuosman, Director of the Littleton / Englewood Wastewater Treatment Plant (L/E WWTP). II. Approval of Meeting Minutes of Previous Supervisory Committee Meeting The December Committee meeting minutes were approved via email on January 17, 2017. Page 110 of 174 SUPERVISORY COMMITTEE MEETING MINUTES January 18, 2018 Page 2 of 3 III. Action Item(s) Biogas to Renewable Natural Gas (RNG) Project Financing John Kuosman discussed the L/E WWTP’s options for financing the Biogas to Renewable Natural Gas (RNG) Project with the Committee. David Pier with Carollo Engineers, Nick Jones and Robert Gamble with PFM Financial Advisors, and Kathleen Rinkel, Englewood’s Finance Director; all contributed to the discussion. Staff recommends that the Committee approve moving forward with a cash financed option for the Biogas to Renewable Natural Gas (RNG) Project. ACTION TAKEN – The Supervisory Committee made a motion to support moving forward with the recommendation to pursue an all cash financed option, for the Biogas to Renewable Natural Gas (RNG) Project. Eric Keck moved, Mark Relph seconded, all ayes, no nays. Motion approved. The L/E WWTP staff plans to review these financing options with both cities’ Councils at their individual Study Sessions on January 22 and 23, 2018. New WWTP Website Redesign Jenifer Doane discussed the L/E WWTP’s website redesign project with the Committee. As the L/E WWTP faces more stringent regulations and nutrient levels, it will require additional investment and resources from rate-payers. Effectively communicating the reasoning and need for these changes through the website will be essential for communicating with rate payers. Staff recommends that the Committee approve moving forward with a professional service agreement with Blennd, LLC., in the to not exceed amount of $40,000. ACTION TAKEN – The Supervisory Committee made a motion to approve the L/E WWTP staff recommendation to move forward with a professional services agreement with Blennd, LLC., for the redesign of the L/E WWTP’s website, in the amount to not exceed $40,000. Mark Relph moved, Larry Nimmo seconded, Keith Reester – aye vote, Eric Keck – no vote since he was not present at time of the vote. Motion approved. The L/E WWTP staff plans to present this project to the Englewood City Council for consideration in February 2018. WWTP Facility Infrastructure Repairs 2018 Project Blair Corning discussed the Facility Infrastructure Repairs 2018 Project with the Committee. Various auxiliary infrastructure, such as access ladders, access stairs, guardrails and miscellaneous concrete structures are needed to support the safe operation of the plant. The exposure of these elements to wastewater and the environment leads to deterioration. Staff recommends that the Committee approve moving forward with a contract for the Facility Infrastructure Repairs 2018 Project with Casey Construction, LLC., in the amount of Page 111 of 174 Page 112 of 174 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Blair Corning DEPARTMENT: WWTP DATE: February 20, 2018 SUBJECT: WWTP Facility Infrastructure Repairs 2018 Project DESCRIPTION: WWTP Facility Infrastructure Repairs 2018 Project RECOMMENDATION: The Littleton / Englewood Wastewater Treatment Plant (L/E WWTP) recommends that Council approve, by Motion, a contract with Casey Construction, LLC., for the Facility Infrastructure Repairs 2018 Project, in the amount of $446,303. Staff also recommends approval of a 5% change order contingency in the amount of $22,315 for a total project cost of $468,618. PREVIOUS COUNCIL ACTION: Council approval of the 2018 Littleton / Englewood Wastewater Treatment Plant Budget. SUMMARY: The plant concrete influent channels are in need of repairs. Various auxiliary infrastructure, such as access ladders, access stairs, guardrails and miscellaneous concrete structures, which are required to support the safe operation of the plant, are also in need of repair or replacement. The exposure of these elements to wastewater and the environment leads to deterioration. Regular maintenance is performed but at the end of serviceable life, replacement is necessary. ANALYSIS: The Facility Infrastructure Repairs 2018 Project includes repairs to the influent concrete channel due to deterioration. The project also includes replacement of a variety of auxiliary infrastructure including roof access ladders, stairways and tank guardrail connections. Other repairs include curb and gutter, miscellaneous concrete repairs, and foul air duct drain repairs. This project includes all necessary demolition and removal of existing equipment and material, design, and construction of rehabilitation or replacement with new installation including any installation devices, power supply, bypass pumping as needed, and installations. The project was advertised on the Rocky Mountain E-Purchasing System (Bidnet), with the Bid Opening conducted on November 7, 2017. A total of two (2) bids were received. Casey Construction LLC was identified as the apparent low bidder with a bid of $446,303. Based on our review, their bid is responsive and complete. Casey Construction, LLC., is a general contractor that has completed several successful design-build construction projects for our facility in the past. The firm is sub-contracting the design portion to J.F. Sato, an engineering Page 113 of 174 consulting firm from Littleton. The team has a history of successful project completion at our facility. FINANCIAL IMPLICATIONS: Budget for the $468,618 expenditure is available in the 2018 L/E WWTP Capital Projects Budget. ALTERNATIVES: Because of the work under this project was identified by various hazard condition reports, it is recommended to implement the work to maintain safe working conditions. CONCLUSION: Various auxiliary infrastructure exposed to the environment and/or the wastewater process has deteriorated and must be repaired or replaced to support the operation of the plant in a safe and effective manner. ATTACHMENTS: Contract Approval Summary - Infrastructure Repairs Contract - Infrastructure Repairs Bid Tabulation - Infrastructure Repairs WWTP Budget Page for 2018 - Infrastructure Repairs Approved Supervisory Committee meeting minutes - Infrastructure Repairs PowerPoint - Infrastructure Repairs Page 114 of 174 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: Gunter Ritter Phone: 303-762-2653 Title: Project Engineer Email: gritter@englewoodco.gov Vendor Contact Information Vendor Name: Casey Construction LLC Vendor Contact: Denis Casey Vendor Address: 3990 Ulster Street Vendor Phone: 720 427 1392 City: Denver Vendor Email: denis@casey.pro State: CO Zip Code: 802017 Contract Type Contract Type:Construction Agreement 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: ASAP after Notice to Proceed End Date: December 31, 2018 Total Years of Term: One (1) year Total Amount of Contract for term (or estimated amount if based on item pricing): $446,303 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Payments shall be made upon City’s written confirmation to Contractor that the Deliverables have been completed. Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Facility Infrastructure Repairs 2018 Project ITB-17-021 Page 115 of 174 Contract Approval Summary V10/25/2017 Page | 2 Source of funds: Budgeted Funds: $10,500,000 Line Item Description: Capital Projects Line Item Total Funding: $10,500,000 Portion of Line Item spent to date: $0.00 Funding Source: Fund: 90 Division Code: 1710 Note (if needed): L/E WWTP Capital Budget Total: $11,100,000 90-1710 Strategic Programs Capital Budget: $10,500,000 Attachments: ☒Copy of budget page from current budget book if contract value $25,000 or over or requires Council approval. 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 Page 116 of 174 E?éu $5 Efi?lewoodPROCUREMENTDIVISION CONTRACT #CFC/18-05 446 303 THIS CONTRACT and agreement,made and entered into this 24th day of January 2018,by andibetween the City of Englewood,a municipal corporation of the State of Colorado hereinafter referred to as the “City”,and Casey Construction,LLC,whose address is 3990 Ulster Street,Denver,CO 80207,(“Contractoi”‘), commencing on the 24th day of January 2018,and continuing for at least ten (10)days thereafter the City advertised that sealed proposals would be received for furnishing all labor,tools,supplies,equipment,materials and everything necessary and required forthe following: PROJECT:Facility Infrastructure Repairs 2018 Project WHEREAS,proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of VV\NTP to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractorwho was the lowest reliable and responsible bidder therefore,and WHEREAS,pursuant to said recommendation,the Contract has been awarded to the above named Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of‘said work in accordance with said advertisement and his proposal. NOW THEREFORE,in consideration of the compensation to be paid and the work to be performed under this contract,the parties mutually agree as follows: A.Contract Documents:it is agreed by the parties hereto that the following list of instruments,drawings and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments,drawings,and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full: invitation to Bid and Supporting Documents All Bid Response Documents Certificate of Insurance Contract (this document) Schedule A —Outline of Statement of Work B.Scope of Work:The Contractor agrees to and shall furnish all labor,tools,supplies,equipment, materials and everything necessary for and required to do,perform and completei all the work described,drawn,set forth,shown and included in said Contract Documents. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.englewoodgov.org CYCH8-05 Facility Infrastructure Repairs 2018 Project VVWTP Page 117 of 174 C.mance:The Contractor agrees to undertake the performance of the work under this Contract within ten (10)days from being notified to commence work by the Director ofWV\/TP. D.Indemnification;The city cannot and by this Agreement/Contract does not agree to indemnify,hold harmless,exonerate or assume the defense of the Contractor or any other person or entity,for any purpose.The Contractor shall defend,indemnify and save harmless the City,its officers,agents and employees from any and all claims,demands,suits,actions or proceedings ofany kind or natureincluding Worker’s Compensation claims,in any way resulting from or arising out of this Agreement/Contract: provided,however,that the Contractor need not indemnify or save harmless the City,its officers,agents and employees from damages resulting from the sole negligence of the City's officers,agents and Employees. E.Termination of Award for Convenience:The City may terminate the award at any time byjgivingwritten notice to the Contractor of such termination and specifying the effective date of such termination,at least thirty (30)days before the effective date of such termination.in that event all finished or unfinishedservice, reports,material (s)prepared or furnished by the Contractor after the award shall,at the option of the City, become its property.lfthe award is terminated by the City as provided herein,the Contractorwill be paid that amount which bears the same ratio to the total compensation as the services actually,performed or material furnished bear to the total services/materials the successful firm agreed to perform under this award,less payments of compensation previously made.lfthe award is terminated due to the fault of the Contractor the clause relating to termination of the award for cause shall apply. F.Termination of Award for Cause:If,through any cause,the Contractor shall fail to fulfillin a timely and proper manner its obligations or if the Contractor shall violate any of the covenants,agreements or stipulations of the award,the City shall have the right to terminate the award by giving written notice to the Contractor of such termination and specifying the effective date of termination.In that event,all furnished or unfinished services,at the option of the City,become its property,and the Contractor shall be entitled to receive just,equitable compensation for any satisfactory work documents,prepared completed or materials as furnished. ?twithstanding the above,the Contractor shall not be relieved of the liabilityto the City for damages sustained by the City by virtue of breach of the award by the Contractor and the City may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined. G.Terms of Paym§_n_t:The City agrees to pay the Contractor for the performance of all the work required under this contract,and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's proposal attached and made a part hereof,the total estimated cost thereof being _F_o_Lg Hundred Forty Six Thousand Three Hundred and Three Dollars.($446,303).A 5%retainage of the awarded project amount will be withheld until final inspection and acceptance by the Project Manager. H.Appropriation of Funds:At present,§446,303 has been appropriated for the project.Notwithstanding anything contained in this Agreement to the contrary,the parties understand and acknowledge that each party is subject to Article X,§20 of the Colorado Constitution (“TABOR”).The parties do not intend to viola1:e the terms and requirements of TABOR by the execution of this Agreement.it is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wwwenglewoodgovcrg CFCH8-O5 rammyinrrasrr-ticcme Repairs 201»;Project WWTP Page 118 of 174 or obligation within the meaning of TABOR and,notwithstanding anything in this Agreement/Contract to the contrary,all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term ofthe City's current fiscal period ending upon the next succeeding December 31.Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available in accordance with the rules,regulations,and resolutions of the City and applicable law.Upon the failure to appropriate such funds,this Agreement shall be deemed terminated,The City shall immediately notify the Contractor or its assignee of such occurrence in the event of such termination. I.Liguidated Damages:The City and Contractor recognize that time is of the essence in this Agreement because of the public interest in health and safety,and that the City will suffer financial loss,and inconvenience,if the Work is not complete within the time specified in the bid documents,plus any extensions thereof allowed in accordance with the General Conditions.They also recognize the delays,expense and difficulties involved in proving,in a legal proceeding,the actual loss suffered by the City it the Work is not complete on time.Accordingly,instead of requiring any such proof,the City and Contractor agree that as liquidated damages for delay,but not as a penalty,Contractorshall pay the City $0.00 for each day that expires after the time specified for substantial completion until the Work is complete,and $0.00 for each day that expires after the time specified for final completion until the Work is finally complete. J.Assignment:Contractor shall not,at any time,assign any interest in this Agreement,or the other Contract Documents to any person or entity without the prior written consent of the City specifically including,but without limitation,moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law).Any attempted assignment which is not in compliance with the terms hereof shall be null and void.Unless specifically stated to the contrary in any written consent to an Assignment,no Assignment will release or discharge the Assignor from any duty or responsibility under the Contract Documents. K.Contract Binding:It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto,their heirs,executors,administrators,assigns,and successors. L.State Statute:Ifthis project is for a public works project or public project,as defined in Section 8-49-102(2) C.R.S.the contractor shall comply with 8-17-101 C.R.S.which requires the contractor to use at least eighty percent (80%)Colorado labor for any public works project financed in a whole or in part by State, counties,school districts,or municipal monies. M.Contractors Guarantee:The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of one (1)year from all causes arising from defective workmanship and materials,and to make all repairs arising from said causes during such period without further compensation.The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof,shall rest entirely with the Director of \/V\NTPwhose decision upon the matter shall be final and obligatory upon the Contractor. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.englewoodgov.org CFCi‘18—05Facility lnfrastmclure Repairs 2018 Project ‘Ni/l/TP Page 119 of 174 VERIFICATION OF COMPLIANCE WITH C.R.S.8-17.5-101 ET.SEQ.REGARDING HIRING OF ILLEGAL ALIENS I (a)Employees,Contractors and Subcontractors:Contractor shall not knowingly employ orlcontract with an illegal alien to perform work under this Contract.Contractor shall not contract with a subcontractor that fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract.[CRS 8-17.5-102(2)(a)(|)8.(II).] (b)Verification:Contractor will participate in either the E-Verify program or the Department program,as defined in C.R.S.8-17.5-101 (3.3)and 8—17.5~101 (3.7)respectively,in orderto confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract.Contractor is prohibited from using the E--Verify program orthe Department program procedures to undertake pre—emp|oyment screening ofjob applicants while this contract is being performed. (c)Duty to Terminate a Subcontract:If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien,the Contractor shall: (1)notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien;and (2)terminate the sub—contract with the subcontractor if,within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contractingwith the illegal alien;except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with the illegal alien. (cl)Duty to Comply with State Investigation:Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S.8-175-102 (5). (e)Damages for Breach of Contract:The City may terminate this contract for a breach of contract,in whole or in part,due to Contractors breach of any section of this paragraph or provisions required pursuant to C.R.S.8-17.5-102.Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract underthis Paragraph. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.englewoodgov.org CFCli8»O5 Facility Infrastructure Repaars 2018 Protect\N\NTF’ Page 120 of 174 IN WITNESS WHEREOF,the parties hereto have executed this Contract the day and year first written above. CITY OF ENGLEWOOD By:Date: (Director) By:Date: (City Manager) By:Date: (Mayor) ATTESTI City Clerk (Q &i C¢7nS]?¢§£\:rv\ Contractor r (com an name Date.0/13M 21 (;onrra»(V/Zwndjl/‘ (Pnnl name and Til ) 1000 Englewood Parkway‘Englewood.Colorado 80110-2373 (303)762-2300 www eng\ewoodgov.org CFC/1a—D:>Famkl,mlrasmxurs Reazurs zova mm wwrv Page 121 of 174 SCHEDULE A OUTLINE OF STATEMENT OF WORK 1.GENERAL Littleton/Englewood Wastewater Treatment Plant and Casey Construction LLC 3990 Ulster Street Denver,CO 80207 denis case .ro l 2.NAMES OF PROJECT COORDINATORS L/E VV\NTP:Gunter Ritter,P.E. Casey Construction LLC:Denis Casey i 3.SUMMARY OF PURPOSE FOR STATEMENT OF WORK This “Facility Infrastructure Repairs 2018"project entails repairs or replacements as per thefollowing work task: -Roof access ladder replacements -Stair replacements -Small curb and gutter and miscellaneous concrete repairs -Nitrifying Trickling Filter (NTF)guardrail base connection replacements -Downspout repair -ln?uent channel concrete repairs -NTF 1 and NTF 2 foul air duct drain repair This Plant “Facility Infrastructure Repairs 2018”project includes all necessary demolition andremoval of existing equipment and material,design,and construction of rehabilitation or replacementwith new installation including any installation devices,power supply,bypass pumping as needed,makegood of damaged or removed items and installations. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 l (303)762-2300 www.eng|ewoodgov.org CFC/i8—05 Facility lnlrnstructurc Repairs 2018 ProtectVVWTP ! Page 122 of 174 4.EQUIPMENT AND PROGRAMMINGTO BE PROVIDED BY CITY (IF ANY) NA 5.OTHER CONTRACTOR RESOURCES NA 6.DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Perform repairs and replacements as listed below: -Roof access ladder replacements -Stair replacements -Small curb and gutter and miscellaneous concrete repairs -NTF guardrail base connection replacements -Downspout repair -lnfluent channel concrete repairs -NTF 1 and NTF 2 foul air duct drain repair Provide all necessary demolition and removal of existing equipment and material,design,and construction of repair or replacement with new installation including any installation devices,power supply,bypass pumping as needed,make good of damaged or removed items and installations. 7.SPECIAL TERMS,IF ANY NA 8.MODE OF PAYMENT Check 9.PAYMENT SCHEDULE City will pay Contractor forthe work in accordance with the following payment schedule.Allpayments to Contractor are contingent on Contractor's satisfying the Deliverables/Milestones set forth in the Payment Schedules.Payments shall be made upon City’s written confirmation to Contractorthat the Deliverables-Milestones have been satisfied. Monthly payments reflecting work progression. 10.SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation anddelivery of the Deliverables by Contractor. Start work ASAP after Notice to Proceed.Work completion in 2018. 1000 Englewood Parkway,Englewood,Colorado 801102373 I (303)762-2300 www.eng|ewoodgov.org crc/mos Facility lnfrastrtmlure Repairs 2015 Proiectvi/w'rP Page 123 of 174 11.ACCEPTANCE AND TESTING PROCEDURES Acceptance is by L/E W\NTP Engineering Department 12.LOCATION OF WORK FACILITIES L/E WWTP IN WITNESS WHEREOF,pursuant and in accordance with the Professional Services Agreement between the parties hereto dated ,2018,the parties have executed this Statement of Work as of this day of ,2018. CITY OF ENGLEWOOD,COLORADO By: (Signature) (Print Name) Title: Date: Case Construction LLC Contractor Name Title: Date:a’!all &1§ BY ‘I000 Eriglewood Parkway,Englewood,Colorado 80110-2373 (303)7622300 www englewoodguv org crcwrws Fnmiitv Iv*Iia$Imr,Iun-Rooms 70%mi.-,u wwi >2 Page 124 of 174 City of Englewood Bid Tabulation Sheet Bid Opening Date: November 7, 2017 2:00 PM MST Apparent Low Bidder ITEM BID: ITB-17-021 Facility Infrastructure Repairs 2018 Project Vendor Bid Bond Y/N SOQ Y/N Receipts of Addendum 1 & 2 Y/N Total Bid Exceptions/Comments Glacier Construction Co,Y Y Y $864,357.00 5460 South Quebec Street, Suite 200 Greenwood Village, CO 80111 303-221-5383 Casey Construction LLC Y Y Y $446,303.00 3990 Ulster Street Denver, CO 80207 720-427-1392 Page 125 of 174 Department City Manager’s Office Fund Littleton/Englewood Wastewater Treatment Plant Littleton/Englewood Wastewater Treatment Plant 6 BUDGET 2018 History and Budget Actual Actual Actual Actual Actual Budget Estimate Budget 2012 2013 2014 2015 2016 2017 2017 2018 Revenue Taxes - - - - - - - - Licenses & Permits - - - - - - - - Intergovernmental - - - - - - - - Charges for Services 12,683,922 12,840,644 13,446,490 13,650,689 13,299,210 14,752,381 14,692,308 15,456,934 Fines & Forfeitures - - - - - - - - Investment Income 12,920 (3,100) 8,419 6,035 8,492 23,447 23,447 23,447 Other 1,210,526 1,151,813 1,086,577 779,542 952,141 4,379,414 2,119,217 11,389,410 LT Debt Proceeds - - - - - - - - Transfers In - - - - - - - - Total Revenue 13,907,368 13,989,357 14,541,486 14,436,267 14,259,843 19,155,242 16,834,972 26,869,791 Percent Change 9.69%0.59%3.95%-0.72%-1.22%34.33%-12.11%59.61% Expenditure Personnel 6,204,395 6,425,244 6,680,552 7,037,402 7,047,867 7,411,788 7,587,165 8,386,675 Commodities 2,434,588 2,277,475 2,384,463 2,354,167 2,188,195 2,610,000 2,592,800 2,926,555 Contractual 3,808,150 3,937,808 3,988,412 4,065,975 3,809,019 5,053,454 4,830,704 4,456,561 Capital 1,460,235 1,348,831 1,488,059 978,723 1,214,763 4,080,000 1,824,303 11,100,000 Debt Service - - - - - - - - Transfer Out - - - - - - - - Total Expenditure 13,907,368 13,989,357 14,541,486 14,436,267 14,259,843 19,155,242 16,834,972 26,869,791 Percent Change 9.69%0.59%3.95%-0.72%-1.22%34.33%-12.11%59.61% - Employees FTE 77.50 77.50 77.40 77.40 77.40 77.40 78.40 86.00 Percent Change FTE 0.00%0.00%-0.13%0.00%0.00%0.00%1.29%9.69% Page 126 of 174 MINUTES SUPERVISORY COMMITTEE MEETING Thursday, January 18, 2018 2900 South Platte River Drive, Englewood CO 80110 L/E WWTP Conference Room 9:30 am ATTENDING: Supervisory Committee: Eric Keck Englewood City Manager Larry Nimmo Acting Englewood Public Works Director Keith Reester Acting Littleton Public Works Director Mark Relph Littleton City Manager Staff: Kacie Allard Communications & Data Supervisor Tom Brennan Englewood Utilities Director Kurt Carson Deputy Director, Operations & Maintenance Solutions Blair Corning Deputy Director, Strategic Programs Jenifer Doane Deputy Director, Business Admin. & Communications John Kuosman L/E WWTP Director Kathleen Rinkel Englewood, Finance & Administrative Services Director David Robbins Hill & Robbins, Plant Attorney Brenda Varner Government Relations Specialist GUESTS: Robert Gamble Managing Director, PFM Financial Advisors (on Conference Call) Nick Jones Senior Managing Consultant, PFM Financial Advisors (on Conference Call) Cynthia Lane Platte Canyon Water & San. District, Asst. Mgr. David Pier Carollo Engineers, Inc. I. Call to Order The January Supervisory Committee (Committee) meeting was called to order by John Kuosman, Director of the Littleton / Englewood Wastewater Treatment Plant (L/E WWTP). II. Approval of Meeting Minutes of Previous Supervisory Committee Meeting The December Committee meeting minutes were approved via email on January 17, 2017. Page 127 of 174 SUPERVISORY COMMITTEE MEETING MINUTES January 18, 2018 Page 2 of 3 III. Action Item(s) Biogas to Renewable Natural Gas (RNG) Project Financing John Kuosman discussed the L/E WWTP’s options for financing the Biogas to Renewable Natural Gas (RNG) Project with the Committee. David Pier with Carollo Engineers, Nick Jones and Robert Gamble with PFM Financial Advisors, and Kathleen Rinkel, Englewood’s Finance Director; all contributed to the discussion. Staff recommends that the Committee approve moving forward with a cash financed option for the Biogas to Renewable Natural Gas (RNG) Project. ACTION TAKEN – The Supervisory Committee made a motion to support moving forward with the recommendation to pursue an all cash financed option, for the Biogas to Renewable Natural Gas (RNG) Project. Eric Keck moved, Mark Relph seconded, all ayes, no nays. Motion approved. The L/E WWTP staff plans to review these financing options with both cities’ Councils at their individual Study Sessions on January 22 and 23, 2018. New WWTP Website Redesign Jenifer Doane discussed the L/E WWTP’s website redesign project with the Committee. As the L/E WWTP faces more stringent regulations and nutrient levels, it will require additional investment and resources from rate-payers. Effectively communicating the reasoning and need for these changes through the website will be essential for communicating with rate payers. Staff recommends that the Committee approve moving forward with a professional service agreement with Blennd, LLC., in the to not exceed amount of $40,000. ACTION TAKEN – The Supervisory Committee made a motion to approve the L/E WWTP staff recommendation to move forward with a professional services agreement with Blennd, LLC., for the redesign of the L/E WWTP’s website, in the amount to not exceed $40,000. Mark Relph moved, Larry Nimmo seconded, Keith Reester – aye vote, Eric Keck – no vote since he was not present at time of the vote. Motion approved. The L/E WWTP staff plans to present this project to the Englewood City Council for consideration in February 2018. WWTP Facility Infrastructure Repairs 2018 Project Blair Corning discussed the Facility Infrastructure Repairs 2018 Project with the Committee. Various auxiliary infrastructure, such as access ladders, access stairs, guardrails and miscellaneous concrete structures are needed to support the safe operation of the plant. The exposure of these elements to wastewater and the environment leads to deterioration. Staff recommends that the Committee approve moving forward with a contract for the Facility Infrastructure Repairs 2018 Project with Casey Construction, LLC., in the amount of Page 128 of 174 Page 129 of 174 Facility Infrastructure Repairs 2018 at L/E WWTP Page 130 of 174 Influent Channel Repairs •Influent channel constructed in 1974 •H2S in wastewater forms acid with H2O, attacks concrete •Repair to maintain structural integrity Page 131 of 174 Access Infrastructure •Roof access ladders •Stairs •Curb and gutter •Guard Railing Page 132 of 174 Repairs Where Practical •Guardrail post repair •Curb and gutter patching •NTF Foul Air Duct Drain Page 133 of 174 Project Breakdown Project Task Quantity Cost % of Project Influent Channel Repairs 5800 ft2 surface $176K 40% Access ladder replacement 20 ladders $116K 26% Stairways,concrete and other misc. repairs 5 stairways, 24 post bases,18 other items $154K 34%Page 134 of 174 Bids Solicited •Bid Opening on Nov. 7th •2 bids received •Casey Construction LLC was low bid at $446,303 •Good history in with plant Page 135 of 174 •Asking for Approval of $468,618 (bid + 5%) •Costs will be shared by Cities of Littleton and Englewood Page 136 of 174 Budget •Project was identified in 2018 Budget •Project budget of $468,618 is available within Capital Projects Budget Page 137 of 174 Project Update Project Approval Date Amount Bar Screen Replacement Project 1/2/2018 $488,250 Facility Infrastructure Repairs Project Pending $468,618 Digester Roof Repair Project Pending $481,750 Page 138 of 174 •Aging process infrastructure requires upkeep to maintain structural integrity •Access infrastructure is critical for safe work environment •Replacement reduces risk of structural failure and accidents Page 139 of 174 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Blair Corning DEPARTMENT: WWTP DATE: February 20, 2018 SUBJECT: WWTP Anaerobic Digester No. 2 (AD2) Roof Repair Project DESCRIPTION: WWTP Anaerobic Digester No. 2 (AD2) Roof Repair Project RECOMMENDATION: The Littleton / Englewood Wastewater Treatment Plant (L/E WWTP) staff recommends that Council approve, by Motion, a contract with Casey Construction, LLC., for the Anaerobic Digester No. 2 (AD2) Roof Repair Project for the repair of the digester dome cover and gas seal, in the amount of $458,810. Staff also recommends approval of a 5% change order contingency in the amount of $22,940 for a total project cost of $481,750. PREVIOUS COUNCIL ACTION: In February 2017, the Littleton / Englewood W astewater Treatment Plant (L/E WWTP) Supervisory Committee approved Brown and Caldwell to commence the AD2 Roof Repair Design and Construction Project by way of progressive design-build contract at a lump sum price of $66,820.00. Because a mutually acceptable scope and Guaranteed Maximum Price (GMP) could not be reached as part of the progressive design build process, L/E WWTP took the "off-ramp" and directly bid out the construction work portion of this project in November 2017. SUMMARY: AD2 was found to have corrosion on portions of the fixed steel cover. This was determined on the basis of staff observation of gas leakage from the vessel and confirmed by further engineering investigation. Repair of AD2 is critical for allowing for the redundancy and flexibility necessary for effective ongoing digester complex operation and maintenance and to also avoid air quality and safety issues with a leaking roof. ANALYSIS: The repair of the digester dome cover entails reestablishment of the gas seal on the steel dome fixed-cover on AD2. The scope of work includes repair of the existing cover tension ring and adjacent steel surfaces and installation of new gas seals on the top and bottom of the internal steel skirt. The AD2 roof repair project was advertised on the Rocky Mountain E-Purchasing System (Bidnet) on October 18, 2017 with a closing date of November 15, 2017. A total of two bids were received. Page 140 of 174 Casey Construction LLC was identified as the apparent low bidder with a total bid of $459,810. Based on our review, their bid is responsive and complete. Casey Construction LLC., is a commercial construction and general contracting company with a history of municipal construction work including past projects at the L/E WWTP. FINANCIAL IMPLICATIONS: The Anaerobic Digester No. 2 Roof Repair Project was included in the previously approved 2018 budget. The project budget of $481,750 is available within this 2018 Capital Projects Budget. Costs will be shared equally between the cities of Littleton and Englewood. ALTERNATIVES: Deferral of repairs to Anaerobic Digester No. 2 will limit operational flexibility that is necessary for effective digester complex operation. With this digester out of service only one load-out digester is available for storage of biosolids prior to dewatering. CONCLUSION: Repair of Anaerobic Digester 2 lid and gas seal is important to maintain plant operations as well as for safety and environmental health reasons. Repair will allow for the redundancy and flexibility necessary for effective ongoing digester complex operation and maintenance. ATTACHMENTS: Contract Approval Summary - AD2 Contract - AD2 CCL - Bid Response - AD2 L and C - Bid Response - AD2 WWTP Budget Page for 2018 - AD2 Approved Supervisory Committee meeting minutes - AD2 PowerPoint Presentation - AD2 Page 141 of 174 Contract Approval Summary (includes MOUs and IGAs) v09/19/2017 Page | 1 City Contact Information Staff Contact Person: Gunter Ritter Phone: 303-762-2653 Title: Project Engineer Email:gritter@englewoodco.gov Vendor Contact Information Vendor Name: Casey Construction LLC Vendor Contact: Denis Casey Vendor Address: 3990 Ulster Street Vendor Phone: 720 427 1392 City: Denver Vendor Email: denis@casey.pro State: CO Zip Code: 80207 Description of Contract Work/Services: Attachments: ☒Contract ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: End Date: Total Amount of Contract for term above (or estimated amount if based on item pricing): Bid Amount: $458,810 5% Contingency: $22,940 Total Project Cost: $481,750 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: NA Payment terms (please describe terms or attach schedule if based on deliverables): Monthly Progress Payments Attachments: ☐Original Contract if this is an amendment Source of funds: Budgeted Funds: $10,500,000 Line Item Description: Capital Projects Line Item Total Funding: $400,000 Portion of Line Item spent to date: $0 Funding Source: Fund: 90 Division Code: 1710 Note (if needed): L/E WWTP Capital Budget Total: $11,100,000 90-1710 Strategic Programs Capital Budget: $10,500,000 ITB-17-024 The AD2 Roof Repair Project is to reestablish a gas seal on the steel dome fixed cover on Anaerobic Digester 2 (AD2). Page 142 of 174 Contract Approval Summary (includes MOUs and IGAs) v09/19/2017 Page | 2 Attachments: ☒Copy of budget page from current budget book if contract value $25,000 or over Process for Choosing Vendor: ☒Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of proposed awardee ☐RFP: ☐ RFP Evaluation Summary attached ☐ RFP Response of proposed awardee ☐Quotes: Copy of Quotes attached ☐Sole Source: Explain Need below ☒Other: Please describe The base bid from Casey Construction was $457,485 Unit price items (not included in base) were $1,325. The aggregate of these two amounts equal the total bid price of $458,810. This total plus a 5% contingency of $22,940 account for the project total of $481,750 that was approved by the LEWWTP Supervisory Committee. Page 143 of 174 J:JE°r‘i'§lewoodPROCUREMENTDIVISIONCONTRACT#CFCI18-01§481,750THISCONTRACTandagreement,madeandenteredintotl1|s4thdayofJanuary2018,byandbetweentheCityofEnglewood.amunicipalcorporationoftheStateofColoradohereinafterreferredtoasthe“City”,andCaseyConstruction,LLC,whoseaddressis3990UlsterStreet,Denver,CO80207.(‘Contractor’),commencingonthe4thdayofJanuary2018.andcontinuingforatleastten(10)daysthereaftertheCityadvertisedthatsealedproposalswouldbereceivedforfurnishingalllabor,tools.supplies,equipment,materialsandeverythingnecessaryandrequiredforthefollowing:PROJECT:AD2RootReplacementProjectWHEREAS,proposalspursuanttosaidadvertisementhavebeenreceivedbytheMayorandCityCouncilandhavebeencertifiedbymeDirectorofWWTPtotheMayorandCityCouncilwitharecommendationthatacontractforworkbeawardedtotheabovenamedContractorwhowasthelowestreliableandresponsiblebiddertherefore,andWHEREAS,pursuanttosaidrecommendation.theContracthasbeenawardedtotheabovenamedContractorbytheMayorandCityCouncilandsaidContractorisnowwillingandabletoperformallofsaidworkinaccordancewithsaidadvertisementandhisproposal.NOWTHEREFORE.inconsiderationofthecompensationtobepaidandtheworktobeperformedunderthiscontract,thepartiesmutuallyagreeasfollows:A.ContractDocuments:Itisagreedbythepartiesheretothatthefollowinglistofinstruments,drawingsanddocumentswhichareattachedorincorporatedbyreferenceconstituteandshallbereferredtoeitherastheContractDocumentsortheContractandallofsaidinstruments,drawings,anddocumentstakentogetherasawholeconstitutetheContractbetweenthepartiesheretoandtheyareasfullyapartofthisagreementasiftheyweresetoutverbatimandinfull:invitationtoBidandSupportingDocumentsAllBidResponseDocumentsCertificateofInsuranceContract(thisdocument)ScheduleA—OutlineofStatementofWorkB.ScopeofWork:TheContractoragreestoandshallfurnishalllabor,tools,supplies,equipment,materialsandeverythingnecessaryforandrequiredtodo,performandcompletealltheworkdescribed,drawn,setforth,shownandincludedinsaidContractDocuments.1000EnglewoadParkway,Englewocd,Colorado50110-2373(303)762-2300www.englewoodgov.orgcsmmiADERootrepairPrmemPage 144 of 174 C.TermsofPrfan:TheContractoragreestoundertaketheperformanceoftheworkunderthisContractwithinten(10)daysfrombeingnoti?edtocommenceworkbytheDirectorofPublicWorks.D.@EThecitycannotandbythisAgreement/Contractdoesnotagreetoindemnify.holdharmless.exonerateorassumethedefenseoftheContractororanyotherpersonorentity.foranypurpose.TheContractorshalldefend.indemnifyandsaveharmlesstheCity,itsofficers.agentsandemployeesfromanyandallclaims.demands,suits.actionsorproceedingsofanykindornatureincludingWorker'sCompensationclaims.inanywayresultingfromorarisingoutofthisAgreementlcontractzprovided.however.thattheContractorneednotindemnityorsaveharmlesstheCity,itsof?oers.agentsandemployeesfromdamagesresultingfromthesolenegligenceoftheCity'sofficers,agentsandEmployees.E,TerminationofAwardforConvenience:TheCitymayterminatetheawardatanytimebygivingwrittennoticetotheContractorofsuchterminationandspecifyingtheeffectivedateofsuchtermination,atleastthirty(30)daysbeforetheeffectivedateofsuchtermination.Inthateventall?nishedoruntlnishedservice,reports,material(s)preparedorfurnishedbytheContractoraftertheawardshall.attheoptionoftheCity.becomeitsproperty.IftheawardisterminatedbytheCityasprovidedherein.theContractorwillbepaidthatamountwhichbearsthesameratiotothetotalcompensationastheservicesactuallyperformedormaterialfurnishedbeartothetotalservices/materialsthesuccessful?rmagreedtoperionnunderthisaward.lesspaymentsofcompensationpreviouslymade,iftheawardisterminatedduetothefaultoftheContractortheclauserelatingtoterminationoftheawardforcauseshallapply.F.TerminationofAwardforCause:if.throughanycause,theContractorshallfalltofulfillinatimelyandpropermanneritsobligationsoriftheContractorshallviolateanyofthecovenants,agreementsorstipulationsoftheaward,theCityshallhavetherighttotennlnatetheawardbygivingwrittennoticetotheContractorofsuchterminationandspecifyingtheeffectivedateoftermination.inthatevent.allfumishedorun?nishedservices,attheoptionoftheCity.becomeitsproperty,andtheContractorshallbeentitledtoreceivejust.equitablecompensationforanysatisfactoryworkdooumenis.preparedcompletedormaterialsasfurnished.Notwithstandingtheabove.theContractorshallnotberelievedoftheliabilitytotheCityfordamagessustainedbytheCitybyvirtueofbreachoftheawardbytheContractorandtheCitymaywithholdanypaymentstotheContractorforthepurposeofsetoffuntilsuchtimeastheexactamountofdamagesduetheCityfromtheContractorisdetermined.G.TermsgiPayment:TheCityagreestopaytheContractorfortheperformanceofalltheworkrequiredunderthiscontract.andtheContractoragreestoacceptashisfullandonlycompensationtherefore,suchsumorsumsofmoneyasmaybeproperinaccordancewiththepriceorpricessetforthintheContractor'sproposalattachedandmadeaparthereof.thetotalestimatedcostthereofbeingEMHundredEightyoneThousandandSevenHundredFiftyDollars.(§4817501.A5%retalnageoitheawardedprojectamountwillbewithhelduntilfinalinspectionandacceptancebytheProjectManager.H.AppropriationofFunds:Atpresent.§481750hasbeenappropriatedfortheproject.NotwithstandinganythingcontainedinthisAgreementtothecontrary,thepartiesunderstandandacknowledgethateachpartyissubjecttoArticleX.§20oftheColoradoConstitution(“TABOR").ThepartiesdonotintendtoviolatethetermsandrequirementsofTABORbytheexecutionofthisAgreement.ItisunderstoodandagreedthatthisAgreementdoesnotcreateamulti-?scalyeardirectorindirectdebtorobligationwithinthemeaningofTABORand,notwithsmndinganythinginthisAgreement/Contract1000EnglewoodParkway,Englewood.Colorado30110-2373(303)762-2300www.angIewoodgov.org.wtisnuAn:miumvm,.mPage 145 of 174 tothecontrary.allpaymentobligationsoftheCityareexpresslydependentandconditioneduponthecontinuingavailabilityoffundsbeyondthetermoftheCity'scurrent?scalperiodendinguponthenextsucceedingDecember31.FinancialobligationsoftheCitypayableafterthecurrent?scalyeararecontingentuponfundsforthatpurposebeingappropriated.budgeted.andotherwisemadeavailableinaccordancewiththerules.regulations,andresolutionsoftheCityandapplicablelaw.Uponthefailuretoappropriatesuchfunds.thisAgreementshallbedeemedterminated.TheCityshallimmediatelynotifytheContractororitsasslgneeofsuchoccurrenceintheeventofsuchtermination.I.LiguidatedDamyes:TheCityandContractorrecognizethattimeisoftheessenceInthisAgreementbecauseofthepublicinterestinhealthandsafety,andthattheCitywillsuffer?nancialloss.andinconvenience,ittheWorkisnotcompletewithinthetimespeci?edInthebiddocuments,plusanyextensionsthereofallowedinaccordancewiththeGeneralConditions,Theyalsorecognizethedelays.expenseanddifficultiesinvolvedInproving.inalegalproceeding.theactuallosssufferedbytheCityiftheWorkisnotcompleteontime.Accordingly.insteadofrequiringanysuchproof.theCityandContractoragreethatasliquidateddamagesfordelay.butnotasapenalty.ContractorshallpaytheCity$0.00foreachdaythatexpiresafterthetimespecifiedforsubstantialcompletionuntiltheWorkiscomplete,and$0.00foreachdaythatexpiresafterthetimespeci?edfor?nalcompletionuntiltheWorkis?nallycomplete.J.Assignment:Contractorshallnot.atanytime.assignanyinterestinthisAgreementortheotherContractDocumentstoanypersonorentitywithoutthepriorwrittenconsentoftheCityspeci?callyIncluding.butwithoutlimitation.moneysthatmaybecomedueandmoneysthatareduemaynotbeassignedwithoutsuchconsent(excepttotheextentthattheeffectofthisrestrictionmaybelimitedbylaw).Anyattemptedassignmentwhichisnotincompliancewiththetermshereofshallbenullandvoid.Unlessspeci?callystatedtothecontraryinanywrittenconsenttoanAssignment.noAssignmentwillreleaseordischargetheAssignorfromanydutyorresponsibilityundertheContractDocuments.K.ContractBinding:itisagreedthatthisContractshallbebindingonandinuretothebeneiitofthepartieshereto.theirheirs.executors.administrators.assigns,andsuccessors.L.StateStatute:Ifthisprojectisforapublicworksprojectorpublicproject.asde?nedinSection849-102(2)C.R.S.thecontractorshallcomplywithB-17-101C.R.S.whichrequiresthecontractortouseatleasteightypercent(80%)ColoradolaborforanypublicworksprojectfinancedinawholeorinpartbyState.counties.schooldistricts.ormunicipalmonies.M.ContractorsGuarantee:TheContractorshallguaranteethatworkandassociatedincidentalsshallremainingoodorderandrepairforaperiodofone(1)yearfromallcausesarisingfromdetectiveworkmanshipandmaterials.andtomakeallrepairsarisingfromsaidcausesduringsuchperiodwithoutfurthercompensation.Thedetennlnationofthenecessityfortherepairorreplacementofsaidproject,andassociatedIncidantalsoranyportionthereof,shallrestentirelywiththeDirectorofPublicWorkswhosedecisionuponthemattershallbe?nalandobligatoryupontheContractor.1000EngiewoodParkway.Engtewnod,Colorado00110-2373(303)762-2300www.engiewocdgov.orgr;m,.i...utxmltruolrupatrFmjnnlPage 146 of 174 VERIFICATIONOFCOMPLIANCEWITHC.R.S.B-17.5-101ET.SEQ.REGARDINGHIRINGOFILLEGALALIENS(a)Employees,contractorsandSubcontractors:Contractorshallnotknowinglyemployoroontractwithanillegalalientoperlon-nworkunderthisContract.ContractorshallnotcontractwithasubcontractorthatfallstocertifytotheContractorthatthesubcontractorwillnotknowinglyemployorcontractwithanillegalalientoperformworkunderthisContract.[CRSB-17.5-1D2(2)(a)(l)Gr(II).](b)Verification:ContractorwillpanlclpateineithertheE-VerifyprogramortheDepartmentprogram,asdefinedInC.R.S.8-17.5-101(3.3)andB-17.5-101(3.7)respectively.inordertoconfirmtheemploymenteligibilityofallemployeeswhoarenewlyhiredforemploymenttoperformworkunderthispubliccontract.ContractorisprohibitedfromusingtheE-VerifyprogramortheDepartmentprogramprocedurestoundertakepre-employmentscreeningoijobapplicantswhilethiscontractisbeingperformed.(0)DutytoTennlnateaSubcontract:ifContractorobtainsactualknowledgethatasubcontractorperformingworkunderthisContractknowinglyemploysorcontractswithanillegalalien,theContractorshall:(1)notifythesubcontractorandtheCitywithinthreedaysthattheContractorhasactualknowledgethatthesubcontractorisemployingorcontractingwithanIllegalalien:and(2)terminatethesub~contractwiththesubcontiactorit,withinthreedaysofreceivingnoticerequiredpursuanttothisparagraphthesubcontractordoesnotstopemployingorcontractingwiththeIllegalalien:exceptthattheContractorshallnotterminatethecontractwiththesubcontractorifduringsuchthreedaysthesubcontractorprovidesintonrtationtoestablishthatthesubcontractorhasnotknowinglyemployedorcontractedwiththeillegalalien.(d)DutytocomplywithStateInvestigation:ContractorshallcomplywithanyreasonablerequestoftheColoradoDepartmentofLaborandEmploymentmadeinthecourseofanInvestigationbythattheDepartmentisundertakingpursuanttoC.R.S.8-17.5402(5).(e)DamagesforBreachofContract:TheCitymayterminatethiscontractforabreachofcontract.inwholeorinpart,duetoContractorsbreachoianysectionofthisparagraphorprovisionsrequiredpursuanttoC.R.S.8-17.5-102.ContractorshallbeliableforactualandconsequentialdamagestotheCityinadditiontoanyotherlegalorequitableremedytheCitymaybeentitledtoforabreachofthisContractunderthisParagraph‘1000EnglewoodParkway.Engiewoud,Colorado30110-2373(303)162-2300wwwrenglewoodgovprgcumsIllNJ;ltcclruu.m=v...mPage 147 of 174 INWITNESSWHEREOF,thepartiesheretohaveexecutedthisContractthedayandyearfirstwrittenabove.CITYOFENGLEWOODBy:Date:(mrecmr)By:Date:(cilyManager)By:Date:(Mayor)ATTEST:CityClarkL4:57Q0M5/’2?ucr/W”Cunlraclorina2..==wgnalure)/7’u.‘>C",=4;»:vc»,,:~/?g/*(Plnameandme;10:10EnglewoodParkway,Englewcmd.Colaraduao1w.z:w:a(303)762-2300www.engh:wucdguv.nrgV‘,..xmAmn.1».u.,‘..rl”m|MIPage 148 of 174 SCHEDULEAOUTLINEOFSTATEMENTOFWORK1.GENERALCityofEngIewoodILEWWTPandCaseyConstructionLLC3990UlsterStreetDenver,CO80207denis@I:asex.gro2.NAMESOFPROJECTCOORDINATORSLEWWTP:GunterRitler,P.E.CaseyConstructionLLC:DenisCasey3.SUMMARYOFPURPOSEFORSTATEMENTOFWORKTheAD2RoofRepairProjectIstoreestablishagassealonthesteeldomefixedcoveronAnaerobicDigester2(AD2).Thescopeofworkincludes.butIsnotlimitedto.remediationoftheexistingcovertensionringandadjacentsteelsurfacesandinstallationofnewgassealsonthetopexterior(upper)andbottominterior(lower)oftheattachedsteelskirt.Aspartofthework,selectiveremovalofexistingroo?ngandInsulation,removaloiexistingexteriorsealmaterialsandassociatedsteelforms,metalpreparationandcoatingwillberequired.Followingtestingandsuccessfuldemonstrationatseal,exteriorworkwillconcludewithamodi?edreplacementofdemolishedroo?ng.tensionringareaventilationprovisionsandtransitionsintotheexistingroots.Gutteranddownspoutworkwillalsorequiremodi?cationstoexistingsidewalks.wooEnglewoodParkway.Englewood.Colorado80110-2373(303)762-2300www.engIewoodgn'v.org.-.illtilAmmiIrmuvHmieslPage 149 of 174 Tanklnterlorsealworkwillincludeselectivedemolitionofexistingskirtelementsandexistingsteelplateandanglestifleners.weldingofnewanglestlfleners,andpreparationoftheexistinginteriorwallandskintoreceivethenewsealsystem.interiorandexteriorscaffolding.removalandreplacementofexistingpiping,railingsandotherfeatures.andtestingareallIncluded.WorkunderthisContractIncludesfurnishingalllabor,materials.equipment,andservicesrequiredtocompletemodi?cationsandrehabilitationofexistingdigesterfacilities.4.EQUIPMENTANDPROGRAMMINGTOBEPROVIDEDBYCITY(IFANY)NA5‘OTHERCONTRACTORRESOURCESNA6.DESCRIPTIONOFWORKPRODUCTANDDELIVERABLESPerformrepairsaspertheattachedContractdrawingsandContractSpeci?cations.Provideallnecessarydemolitionandremovalofexistingequipmentandmaterial,andconstructionofrepairorreplacementwithnewinstallationincludinganyinstallationdevices.powersupply,bypasspumpingasneeded.makegoodofdamagedorremoveditemsandinstallations.7.SPECIALTERMS.IFANYNA8.MODEOFPAYMENTCheck9.PAYMENTSCHEDULECitywillpayContractorfortheworkInaccordancewiththefollowingpaymentschedule.AllpaymentstoContractorarecontingentonContractor'ssatisfyingtheDeliverabIesIMilestonessetforthinthePaymentSchedule.PaymentsshallbemadeuponCity'swrittenconfirmationtoContractorthattheDeliverabIes—Milestoneshavebeensatlslied.Monthlypaymentsreflectingworkprogression.1oooEnglewoodParkway,Englewnod.ColoradoBOl10—2373(303)762-2300wvvw.engiewoodgov.argmmillumRivalmlbiri-mmPage 150 of 174 _dayof,2010.SCHEDULEANDPERFORMANCEMILESTONESThisschedulesetsforthetargetdatesandperformancemilestonesformepreparationanddellveryoftheDelivemblesbyContractor.StartworkASAPafterNollcetoProceed.WorkcompletlonIn2018‘11,ACCEPTANCEANDTESTINGPROCEDURESAcceptanceisbyLEWWTPEngineenngDepartment12.LOCATIONOFWORKFACILITIESLEWWTPINWITNESSWHEREOF.pursuantandinaccordancewiththeProfessionalServicesAgreementbetweenthepartiesheretodated,20_.thepartieshaveexecutedthisStatementofWorkasofthlsCITYOFENGLEWOOD,COLORADOBy:(Signature)(PrintName)Title:Date:1000EnglewoodParkway.Engtewwd,Cokuado80110-2373(303)762-2300www.eng|ewoudgev.org».‘Imv\D7r\(It1II/'}r.u-».,.,..aPage 151 of 174 C/422/)’Cd/14’;/"rr'd5/’,andContractorNameBY?(Signature)Pay$5Czzégz(PrintName)Title:64.5/U??nf’Date:("52"501000EnglewnudParkway.Englewaod‘Colorado50110-2373(303)762-2300www.englewoodgov.orgLRn...u:.mn..anum.mm.Page 152 of 174 ITE-17-024AD2RoofRepairProjectBIDPROPOSALFORMNameofContractoDat51’_7EASEID-aA.BaseBldFlxedPrlceItems:Sceneonuom'-",‘f?:‘:'".'?‘s‘l',‘‘faGeneral>>H7U_'t?I::;)ra1cunmuans(S|aIl.JoIz:IloFaclmes,‘L8.75;.75-}12MnbII1zaIloI\(L|IvI|Iedlo5%n1TotalBaseBid)1LSI0000‘.3Imm?ggggon(nellessIluan50%0!'LSq’00000014iPaymentandPeriormanceBond1L52(QQz(002aTheWork21TensionRingRemediallan1La7"]5077"’,g0‘,23soawRemovalandRestoration1LSI0'/,_ZQjIO7:30424CoaunqFtenarauouamCoatingSystem1LS7Y0‘lo25Gas?gmnessTaslmg1Ls"?_3OO‘I)2sVenlsInsuvauonandRoo?ng1L5?/‘L09',(?an2.1eunevandDnwnspaulsILsI3-F210IM)2aProjectDocumenlzllnn1LS(4,_O006,0003oAnpucamasaiasTax1Ls‘LQDO‘L.59‘?TOTALBASEam‘[5],‘L15TOTALBASEBIDPRICE[TableA)::FQuvr'nLou.saM£/gar‘'1/LU.S.Dallars($ft;Z_?85)B.Un|1PIicaIlnms:(|l¢msnotincludedinBusBkl)uunzsnmnsoPRICNO.ITEMaunmrrvuomETOTALnzsrnvmen21aTensionRingReimorcamenlandwamny5LF390“,9;219ConcreteClackRenalrandRehabllilahon55:653%1orALumPRICEnewsI395T01ALBIDPRICE(EASEBIDPLUSUN"PRICES’:Om.‘n\gJ,4.5ovv./'I’hr«_kmndr(_o/1/In/myA0/«L_Qé1MasUS.Dollars(S)1000EnglewoodParkway,Englewood,Colorado30110Phone(303)762-2419www.enlewoodco.6rm1--.nv.,;ny,-/wmm.-.Page 153 of 174 fo.§|"”(Receiptof/AddendaNos.V19Pisherebyacknowledged.Thiscontractwillbeawardedtothelowestreliable,responsiveandresponsiblebidder.Thisoffershallbeopentoacceptanceandisirrevocableforninety(90)daysfromthebidclosingdate.Theundersignedbidderherebyagreestobereadyandtoappearattheof?oeoftheDepartment,ofL/EWastewaterTreatmentPlant,toexecutetheattachedfom1ofContractinconformityofthisbidandalsotohavereadyandfurnishtherequiredbondinthesumofthefullamountofthisproposal,executedbyasuretycompanyacceptabletotheCityofEnglewood,atanytimewithinten(10)daysfromthedateofawrittennoticefromtheDirectorofLIEWastewaterTreatmentPlanttodoso,mailedtotheaddresshereinaftergiven.ThisProposalismadewithoutanyconnectionwithanyotherpersons,firms,orcorporationsmakinganyotherbidforthissameworkandisinallrespectsfairandwithoutcollusionorfraud.TheUnciersignedBidderacknowledgestherightoftheCitytorejectanyorallbidssubmittedandtowaiveinformalitiestherein.DatedatlQ_g0\thisISdayoiMg;l_9vvlL4/.2017SignatureofBidder:/Ifanindividual:doingbusinessasIfapartnership:By:memberof?rmIfacorporation:Cj‘t‘5»i’/|,1L(12aUt“AJOillincorporationBy:IBuslnessaddress,namezindphonenumberofBidder:.1,_(gigs!l§>f\"vl‘v’\/It’Ji'i'Ul'\'.9770vllslerSi-for/l—Omvcr£054335!i3’isLngiaf'7;>o~l'>'I-l%9;LmooEnqlewoodParkway,Englewood,Colorado90110Phonei3u3T’7aE?2419www.enlewdco.Dv7mm—w;-,1'!Vr,,lw,m..rum.”Page 154 of 174 ThenameandlocationofthelastworkofthiskindhereincontemplateduponwhichBidderwasengagedisasfollow:P‘¥Forintormationrelatlveheretopleasereferto:N!)4’m,.s7'Titl-era,W1rA33;2a‘i‘ioocf?s}rZFeLTm“mw"Lcz>323%71000EngfewoodParkway,Enqlewood,Coloradoammophone”<303)7s2—2/119www.englewO<)d<:o.gov8ma».;-,,-PaulVmnnhm-.mPage 155 of 174 ITB-17-024AD2RoofRepairProjectBIDPROPOSALFORMNameofContrac1onLILl-—R£{)V’C/L—4£KDate:H’/5‘'7OGrl5"TP—LuL“f1.14Co/ULPA-r~H,IA9A.amamFindPrlccmm:scopeonnon"',',fk"_j'“‘?g,’1.0Genenl‘U3lus1;L;aICon1?tinrIs(S1all.JobsheFad?Iie£.1L56100“/47MD12Muhllzt?on(Limited1»511momBaseany1L8Q‘0->0U.¢9’|>Damubllhaion(nomssmm:50%n!’L‘DD1.3momzanm)1LsQ;09D191.4FmmemanuPe?olmancaam1Ls3‘ea;3,217-DuTmwont2.1TemlonRivgnmammLs5300092ODD.23SealRemovalandRutlnnlionI1Lsoil.Dob@0902.4comnqrmpemonanacoannaSyslamILS‘I599'31D902.56as?nhmanTos?J1Ls19517“I§,L'°°1112.5vmlsIrululinnamnnmmLs?bD5"?loDOD2.7euturamnuwnsnomsLs93,001)&7D0525Proiec|Do1:1une1vmionLsI'f'94>HDD31:Anpncameso»:12311Ls350’359°IOIALuseam,1001’Al.BASBDPRICE?uhlvA|:r>Mwrlw»o!2eDU.S.DolIIn(5‘[é|:‘I0D9’1£2»Ca°‘E$B.UnitPllcoItems:(mm:notIncludedInBlueBid)uurrEs1Iu1Eommno.11:»:_ouammuouuETOIALESTIMATED21¢TInslonRInuRalnlnI1:un«I\in1IW¢ldiIg1LF431-4,?’/L1:21cannacruxa'namnmauausr-°"'°°'"'"(3;#5:;/srTUIALUNITFRICEHEMS‘*/7/.09TOTILBIDPRICE[B555BIDPLUSUNITPNCESIZIZ\LHw2nJE)EL?‘/B“432*”5845‘1:usDoIlus(5HIL)100DEnglewoodParkway,Englewood,Colorado90110Phone(303)762~24i9w.enLewoodco.0v6m.u1:.1.,v—,1m1..-]1r'Page 156 of 174 ReceiptolAddendaNos.NH’isherebyacknowledged.ThisContractwlllbeawardedtothelowestreliable,responsiveandresponsiblebidder.Thisoffershallbeopentoaccepmnceandisirrevocableforninety(90)daysfromthebidclosingdate.TheundersignedbidderherebyagreestobereadyandtoappearattheofficeoftheDepartment,ofLIEWaslewaterTreatmentPlant,toexecutetheattachedformofContractinoonfonnityoithisbidandalsotohavereadyandfurnishtherequiredbondinthesumofthefullamountofthisproposal,executedbyasuretycompanyacceptabletotheCityofEnglewood,atanytimewithinten(10)daysfromthedateofawrittennoticefromtheDirectorofLIEWastewaterTreatmentPlanttodoso,mailedtotheaddresshereinaftergiven.ThisProposalismadewithoutanyconnectionwithanyotherpersons,?rms,orcorporationsmakinganyotherbidforthissameworkandisinallrespectsfairandwithoutcollusionorfraud.TheUndersignedBidderacknowledgestherightoftheCitytorejectanyorallbidssubmittedandtowaiveinformalitiestherein..+.~oatadacbeugaa(,2this5dayof(gewemock,2o17SignatureofBidder:Ifanindividual:doingbusinessasIfapartnership:By:memberof?rmIracorporation:J__n._x_A—p4>evC,\_.»¢LC.'_~...l.$Tr:’_u.u7Tiu.J.C,oHf’A-:~L~(//A/<_.aL0corporationBusinessaddress,nameandphonenumberofBidder:l=;r_t.¢_rgQweC/k_i\~¢?J‘—C,€}J,§.—|’i@LLb—‘rLoJQ,r);.rPk;.L».//Ara,3’7nSSsofrtk—~t‘>$(‘.cue:rBzuua(L3‘z3o>3t.:30?>—’7tol—?:.r7°1000EnqlewoodParkway,Englewood,Colorado80110Phone(303)762-2419www.cnolewood::o.uov7Page 157 of 174 ThenameandlocaiionofthelastworkofthiskindheralnconiemplateduponwhichBidderwasengagedisasfollow:QL'T.!N’Cow.“-l-\{OF(5£<>cHF|ELQ301.103H‘?~r~LOl-|AnlC=H—L/’/c;\Jem£:x\'rSForinforma?onrelatlveherelopleasereferto:NameK64RAW’(TitleLN!‘Address3935ha)134*“AN-E6324;.”r‘—'1n£7._QCO5004101000EnglewoodParkway,Englewood,Colorado80110Phone(303)762-2419wwwgaglewooggg.gov8Page 158 of 174 Department City Manager’s Office Fund Littleton/Englewood Wastewater Treatment Plant Littleton/Englewood Wastewater Treatment Plant 6 BUDGET 2018 History and Budget Actual Actual Actual Actual Actual Budget Estimate Budget 2012 2013 2014 2015 2016 2017 2017 2018 Revenue Taxes - - - - - - - - Licenses & Permits - - - - - - - - Intergovernmental - - - - - - - - Charges for Services 12,683,922 12,840,644 13,446,490 13,650,689 13,299,210 14,752,381 14,692,308 15,456,934 Fines & Forfeitures - - - - - - - - Investment Income 12,920 (3,100) 8,419 6,035 8,492 23,447 23,447 23,447 Other 1,210,526 1,151,813 1,086,577 779,542 952,141 4,379,414 2,119,217 11,389,410 LT Debt Proceeds - - - - - - - - Transfers In - - - - - - - - Total Revenue 13,907,368 13,989,357 14,541,486 14,436,267 14,259,843 19,155,242 16,834,972 26,869,791 Percent Change 9.69%0.59%3.95%-0.72%-1.22%34.33%-12.11%59.61% Expenditure Personnel 6,204,395 6,425,244 6,680,552 7,037,402 7,047,867 7,411,788 7,587,165 8,386,675 Commodities 2,434,588 2,277,475 2,384,463 2,354,167 2,188,195 2,610,000 2,592,800 2,926,555 Contractual 3,808,150 3,937,808 3,988,412 4,065,975 3,809,019 5,053,454 4,830,704 4,456,561 Capital 1,460,235 1,348,831 1,488,059 978,723 1,214,763 4,080,000 1,824,303 11,100,000 Debt Service - - - - - - - - Transfer Out - - - - - - - - Total Expenditure 13,907,368 13,989,357 14,541,486 14,436,267 14,259,843 19,155,242 16,834,972 26,869,791 Percent Change 9.69%0.59%3.95%-0.72%-1.22%34.33%-12.11%59.61% - Employees FTE 77.50 77.50 77.40 77.40 77.40 77.40 78.40 86.00 Percent Change FTE 0.00%0.00%-0.13%0.00%0.00%0.00%1.29%9.69% Page 159 of 174 SUPERVISORY COMMITTEE MEETING MINUTES December 21, 2017 9:30 am ATTENDING: Supervisory Committee: Eric Keck Englewood City Manager Larry Nimmo Acting Englewood Public Works Director Keith Reester Acting Littleton Public Works Director Mark Relph Littleton City Manager Staff: Kacie Allard Communications & Data Supervisor Tom Brennan Englewood Utilities Director Kurt Carson Deputy Dir. of Operations & Maintenance Solutions Blair Corning Deputy Dir. of Strategic Programs Jenifer Doane Deputy Dir. of Business Admin. & Communications Darren Hollingsworth Englewood Economic Development Manager John Kuosman L/E WWTP Director Shahid Malik Environmental Science, Innovation & Optimization Mgr. Matt Montgomery Hill & Robbins, Plant Attorney Brenda Varner Government Relations Specialist GUESTS: Cynthia Lane Platte Canyon Water & Sant. District, Asst. Mgr. I. Introduction John Kuosman, Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) Director, initiated the December Supervisory Committee (Committee) meeting. The November Committee meeting minutes were approved via email on December 11, 2017. The measured flow to the L/E WWTP averaged 20.6 MGD in November 2017, which is a decrease of 0.7 MGD from October 2017. The measured flow split was 42.2% and 57.8% between the cities of Littleton and Englewood, respectively. II. Action Item Economic Development Grant Jenifer Doane discussed the new Economic Development Grant pilot program with the Committee. The grant was initially discussed at the June 15, 2017 Committee meeting, and a draft program proposal with details of the grant was presented to the Committee during the Page 160 of 174 SUPERVISORY COMMITTEE MEETING MINUTES December 21, 2017 Page 2 of 6 October 19, 2017 Committee meeting. After the October meeting, the Committee asked L/E WWTP staff to address several items of concern. Jenifer reviewed the areas of concern and presented proposed solutions to the Committee: Staff clarified that the grant funds will come from the City of Englewood and not the sewer fund paid for by both Cities. L/E WWTP will work with the City of Englewood Finance department to ensure grant awards are paid from the appropriate sources. Englewood’s City Attorney reviewed the grant and provided edits and suggestions for a claw back provision. Property owners and business owners are eligible to apply. If a business owner does not own the property, the applicant must include a letter from the property owner giving permission for such modification to be made. The pilot program will be approximately one year in length. Staff will begin to advertise the grant in January 2018 and accept applications from February 1, 2018 through December 1, 2018. During the pilot program, staff will compile data that can be used to determine the economic impact of the grant program. Staff will look at staff salaries, hours related to inspections, statistics related to the head works operations, and flow to quantify the economic impact of the grant. During the pilot program, staff will investigate the ability to use cameras to document the impact on various locations prior to and after installation of equipment. The pilot program will provide an opportunity to evaluate the impact and demand for the grant funds, and get feedback from businesses and property owners prior to rolling out a more comprehensive program in both Cities and connecting districts. Both City Managers recommended the L/E WWTP staff present this to each City’s Council to share the program’s information. ACTION TAKEN – The Supervisory Committee supported moving forward with the Economic Development Grant Pilot Program. Eric Keck moved, Mark Relph seconded, all ayes, no nays. Anaerobic Digester No. 2 (AD2) Roof Repair Blair Corning discussed the L/E WWTP Anaerobic Digester No. 2 (AD2) Roof Repair Project with the Committee. L/E WWTP staff recommends awarding a contract, for the repair of the AD2 dome cover and gas seal, to Casey Construction, LLC, in the amount of $458,810. Staff also recommends approval of a 5% change order contingency in the amount of $22,940 for a total project cost of $481,750. Page 161 of 174 SUPERVISORY COMMITTEE MEETING MINUTES December 21, 2017 Page 3 of 6 Blair reviewed the past work completed on this project with the Committee. In February 2016, the Committee approved Brown and Caldwell to commence the AD2 Roof Repair Design and Construction Project by way of progressive design-build contract at a lump sum price of $66,820.00. Because a mutually acceptable scope and Guaranteed Maximum Price (GMP) could not be reached as part of the progressive design-build process, L/E WWTP took the "off-ramp" and directly bid out the construction work portion of this project in November 2017. The L/E WWTP staff emailed a memo in October 2017 updating each City manager of this change in direction. As part of the 2018 approved budget, $2,500,000 was allocated for capital improvement projects. At the time, L/E WWTP expected that $300,000 would be spent on the AD2 in 2017, and an additional $400,000 budgeted for 2018. Due to the required schedule revisions, all expenditures will occur in 2018. Any funds required for the project in excess of the budgeted $400,000 will come from redirection from other planned 2018 capital projects via an established priority matrix. ACTION TAKEN – The Supervisory Committee approved L/E WWTP’s staff recommendation to move forward with a contract with Casey Construction, LLC., for the Anaerobic Digester No. 2 (AD2) Roof Repair Project, in the amount of $458,810, with a 5% change order contingency in the amount of $22,940 for a total project cost of $481,750. Eric Keck moved, Mark Relph seconded, all ayes, no nays. The L/E WWTP staff plans to present this project to the Englewood City Council for consideration in February 2018. III. Business Group Spotlights & Informational Items L/E WWTP Recent Communication Efforts: Jenifer Doane updated the Committee on efforts to increase internal communications and transparency between the leadership team and staff. The Monthly Connector e-Newsletter - The Monthly Connector features updates on each business group, operations performance, plant happenings, and City news. The Monthly Connector has a seventy-five (75) percent open rate among staff. The Weekly Flush – The Weekly Flush is a printed newsletter placed in the bathroom stalls and above drinking fountains throughout the plant. The Weekly Flush addresses rumors, provides important updates, a quote of the week, a funny pun and the week’s calendar of events. Water Cooler video series – Water Cooler videos are 3 - 5 minutes in length on a variety of topics. Staff has used them to provide updates about programs or initiatives, give “how to” demonstrations, recognize staff and follow up on Page 162 of 174 SUPERVISORY COMMITTEE MEETING MINUTES December 21, 2017 Page 4 of 6 communications from the City. Staff has produced fourteen (14) videos to date. The videos have a ninety (90) percent open rate. Additional Improvements – L/E WWTP installed Notice-Cabinets in the administration building for posting information, changed the format of all-staff meetings, and revamped the manager’s meeting structure. These efforts are geared at avoiding rework associated with misalignment and have minimal investment cost as the work is produced in-house by staff using YouTube and City issued iPhones to create the videos. Jenifer recognized Kacie Allard, Communications Supervisor, for her hard work implementing these improvements. Oil and Grease Collection Event Recap: Jenifer Doane briefed the Committee on L/E WWTP’s inaugural Oil and Grease Take- back event held on Saturday, November 25, 2017. The L/E WWTP’s Community Education & Outreach department created, implemented and staffed this event at L/E WWTP, and used it as a community outreach opportunity. The residents of Littleton, Englewood and connecting districts were invited to drop off used cooking oil and/or automotive engine oil free of charge. The event also included free hotdogs, children’s activities and educational resources. Recycling oil is extremely important to maintain a healthy collection system and wastewater treatment plant. The event was well received by residents. The L/E WWTP staff achieved its goal to have at least twenty-five (25) residents participate, and to collect at least fifty (50) gallons of cooking grease. Staff was surprised by the amount of motor oil recycled. A total of thirty-eight (38) community members participated and staff collected one-hundred (100) gallons of used motor oil, and fifty (50) gallons of used cooking oil. L/E WWTP plans to increase advertising and host additional Oil and Grease Take-back events in the future. Struvite Initiative – Cost Effective Alternative Evaluation: Kurt Carson explained the Struvite Initiative to the Committee. Nuisance Struvite precipitation presents a significant operational and maintenance challenge at the L/E WWTP. Nuisance struvite accumulation negatively impacts pumping efficiency, treatment capacity, and operational redundancy which results in increased power consumption, increased mechanical wear, unintended and unplanned system downtime, and increased maintenance cost. To address the nuisance struvite problems staff are primarily using a chemical cleaning approach that dissolves struvite depositions within the affected systems. The chemical cleaning approach is highly effective, but expensive. Because of the high unit cost of the dissolution chemical and its safety hazards, the Science, Innovation and Optimization (SIO) team is working to evaluate alternative approaches to remedy the problem. Page 163 of 174 SUPERVISORY COMMITTEE MEETING MINUTES December 21, 2017 Page 5 of 6 The SIO team has evaluated non-proprietary chemicals as a safer and cheaper alternative to the expensive commercially available chemicals in use now. So far lab results for one of the alternative chemicals tested are promising. The alternative chemical is a citric acid solution that is made to approximately the concentration of fresh lemon juice. To date, every test has demonstrated that low strength solutions of citric acid performed equally or even more effectively than the proprietary commercial product currently in use. Furthermore, the cost comparison per unit volume shows that the citric acid solution is only a fraction of the cost of the proprietary chemical. The SIO efforts have resulted in a recommendation to discontinue the use of the proprietary chemical in 2018 and to adopt the use of a citric acid solution in the chemical cleaning system. This will provide staff the ability to address more nuisance struvite issues within existing budget limits with a safer and equally effective non-proprietary chemical. Digester Complex Condition Assessment (Initial Findings): Kurt Carson discussed an initial condition assessment of the Digester Complex at the L/E WWTP. In preparing and planning for construction activities in Digester No. 2, staff conducted a condition assessment of the digester system to understand the risk profile during construction. The initial findings indicate that a few key components of the digester should be addressed in 2018, and potentially in concert with the planned roof repairs of Digester No. 2. As of today, only one (1) of the five (5) digesters has its full designed functionality in regard to pumping, mixing, valves, and biogas monitoring systems. In addition, only three (3) of the five (5) are currently operational due to aging infrastructure, insufficient maintenance programs, and other factors. Due to the current condition of the digesters, the L/E WWTP is now facing a higher operational risk profile and significantly elevated maintenance cost due to emergency and rushed repairs to prepare for the Digester No. 2 repair project. Investments will be needed in 2018 to overhaul and address all critical equipment and systems within the digester complex and restore proper functionality throughout the system. Once proper functionality has been restored, a more comprehensive and robust preventive maintenance program will be implemented, and it is anticipated that the frequency and net cost of future repairs will decline. O&M (Operations and Maintenance) staff will address all digester complex maintenance items in a strategic and comprehensive manner, and expand upon the existing facility condition assessment program. The intention is to systematically evaluate all assets within the digester complex and provide a recommendation for a work plan that restores all assets to proper functionality. In addition, O&M staff will implement several updates to all existing maintenance programs to enhance preventative maintenance activities in this area. These updates will Page 164 of 174 Page 165 of 174 Digester Roof Repair Project at L/E WWTP Page 166 of 174 Load-Out Digesters •Storage of final digested sludge •Equalization for Dewatering Process •Only Digester 1 and 2 connected to Dewatering Page 167 of 174 Repair of Roof Seal on Digester 2 •Exterior gas seal has failed •Interior gas seal needs replaced •Cover tension ring and adjacent steel surfaces need work Page 168 of 174 Project History •In February Brown and Caldwell began design- build. •Off-ramp taken due to inability to reach mutually acceptable scope and GMP •Project advertised on Bidnet October 18th 2017. Page 169 of 174 Bids Received •2 bids received •Casey Construction LLC. low bidder at $458,810 •Casey has good history of municipal construction and past projects at plant. Page 170 of 174 •Asking for Approval of $481,750 (bid + 5%) •Costs will be shared by Cities of Littleton and Englewood Page 171 of 174 Budget •Project was identified in the 2018 budget. •Project budget of $481,750 is available within 2018 Capital Projects Budget Page 172 of 174 Project Update Project Approval Date Amount Bar Screen Replacement Project 1/2/2018 $488,250 Facility Infrastructure Repairs Project Pending $468,618 Digester Roof Repair Project Pending $481,750 Page 173 of 174 Lid and Gas Seal Repair •Important for plant operations •Allows for redundancy and flexibility •Prevent health and safety concern from leaking gas Page 174 of 174