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2018-11-05 (Regular) Meeting Agenda Packet
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy – Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, November 5, 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 of the Regular City Council Meeting of October 15, 2018. City Council Regular - 15 Oct 2018 - Minutes - Pdf b. Minutes of the Special City Council Meeting of October 22, 2018. City Council Special Meeting - 22 Oct 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.) Written materials for presentation to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. a. JJ Margiotta, an Englewood resident, will address Council. b. Jerry Walker, an Englewood resident, will address Council. c. Elaine Hults, an Englewood resident, will address Council. d. Martin Frasier will address Council regarding ADU's. e. Kathleen Bailey, an Englewood resident, will address Council. 6e public comment comp_plan_intensity_24x24c (004) f. Laura and Olivia, Englewood residents and representatives of Friends of Englewood Parks, will address Council regarding Englewood parks. 6f public comment g. Lisa Smith will address Council. h. 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 Page 1 of 461 Englewood City Council Regular Agenda November 5, 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. clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion.) Written materials for presentation to Council may be submitted to the City C lerk as the speaker approaches the podium. A USB port is available for public presentation. Council Response to Public Comment. a. Handouts received during the Unscheduled Public Comment. 7a public comment Mike Jones 7e public comment Aaron Reid 8. Communications, Proclamations, and Appointments 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB 38 - Storm Water Code Update Ordinance CB 38 - Storm Water Code Update Ordinance - Pdf Staff recommends approval of this Council Bill amending Title 12, Chapter 5, Section 4 of the Englewood Municipal Code 2000, Regarding Storm Water Utility And Enterprise Fund User Fees. Staff: City Attorney Allison McKenney Brown ii. CB 39 - Waste Water Code Update (Sewer) CB 39 - Waste Water Code Update - Pdf Staff recommends approval of this Council Bill amending Title 12, Chapter 2, Section 3, Subsection B, of the Englewood Municipal Code 2000 Regarding Wastewater Fees and Charges. Staff: City Attorney Allison McKenney Brown b. Approval of Ordinances on Second Reading. c. Resolutions and Motions i. Extend Expiration Date for Permit and Plan Review Fee Waivers Extend Expiration Date for Permit and Plan Review Fee Waivers - Pdf Staff recommends that City Council extend by Motion, the expiration date for the temporary waiver of permit and plan review fees as established in Ordinance 17, Series 2018. Staff: Chief Building Officer Karen Montanez ii. Waiver of Permit and Plan Review Fees for Egress Windows Waiver of Permit and Plan Review Fees for Egress Windows - Pdf Staff recommends that City Council approve by Motion a waiver of permit and plan review fees for egress windows. Staff: Chief Building Officer Karen Montanez iii. Approve a Purchase Order to Wireless Advanced Communications (W.A.C.) for Englewood Police Department Head Quarters Building (EPD HQ). Approve a Purchase Order to Wireless Advanced Communications (W.A.C.) for Englewood Police Department Head Quarters Building (EPD HQ). - Pdf Page 2 of 461 Englewood City Council Regular Agenda November 5, 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 that Council award, by motion, a purchase order to Wireless Advanced Communications (W.A.C.) in the amount of $ 34,439.64 to relocate existing equipment, and furnish and install additional necessary equipment for a fully functional dispatch center. Staff: Right of Way services Manager Larry Nimmo iv. Award Contract to Security Central for Security System at the Englewood Police Department Head Quarters (EPD HQ) Award Contract to Security Central Inc. for Englewood Police Department Head Quarters (EPD HQ). - Pdf Staff recommends that Council award, by motion, a contract to Security Central Inc. in the amount of $ 168,602.21 to furnish and install a hosted keyless entry system, card readers, and burglar alarm systems for specific areas. Staff: Right of Way services Manager Larry Nimmo v. Award Contract to Presidio Networked Solutions, LLC. for Surveillance Cameras at the Englewood Police Department Head Quarters (EPD HQ). Award Contract to Presidio Networked Solutions, LLC. for Surveillance Cameras at the Englewood Police Department Head Quarters (EPD HQ). - Pdf Staff recommends that council approve, by motion, a contract to Presidio Networked Solutions, LLC. in the amount of $87,719.88 to provide and configure a video management system for surveillance at the new EPD HQ. Staff: Right of Way services Manager Larry Nimmo 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 37 - IGA Between the City of Englewood/Englewood McLellan Reservoir Foundation and Douglas County CB 37 - IGA Between the City of Englewood/Englewood McLellan Reservoir Foundation and Douglas County - Pdf The Board of the Englewood McLellan Reservoir Foundation (EMRF) recommends City Council approval, by ordinance, an IGA between City of Englewood/Englewood McLellan Reservoir Foundation and Douglas County. Staff: Utilities Director Tom Brennan ii. CB 36 - Arapahoe County Combined RMS IGA CB 36 - Arapahoe County Combined RMS IGA - Pdf Staff recommends the approval, by ordinance, of the Intergovernmental Agreement between the City of Englewood and Arapahoe County, Cherry Hills Village, Greenwood Village, Littleton, Sheridan, and South Metro Fire to utilize Arapahoe County’s contract with Tritech Software Systems to purchase additional required licensing, and to use Arapahoe County’s Inform Records Management System as a single combined RMS system to be hosted and operated by Arapahoe County pursuant to the terms in the Intergovernmental Agreement. Staff: Police Commander Vance Fender Page 3 of 461 Englewood City Council Regular Agenda November 5, 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. b. Approval of Ordinances on Second Reading i. CB 29 - 2019 Budget Ordinance CB 29 - 2019 Budget Ordinance - Pdf Staff recommends City Council approve an ordinance adopting the 2019 Budget. Staff: Acting Finance and Administrative Services Director Maria Sobota ii. CB 30 - SPWRP 2019 Budget Ordinance CB 30 - SPWRP 2019 Budget Ordinance - Pdf Staff recommends City Council approve an ordinance adopting the 2019 Budget for the South Platte Water Renewal Partners (SPWRP), formerly known as the Littleton/Englewood Wastewater Treatment Plant. Staff: Acting Finance and Administrative Services Director Maria Sobota iii. CB 28 - 2019 Budget Appropriation Ordinance CB 28 - 2019 Budget Appropriation Ordinance - Pdf Staff recommends City Council approve an ordinance adopting the 2019 Appropriation. Staff: Acting Finance and Administrative Services Director Maria Sobota iv. CB 31 - SPWRP 2019 Appropriation Ordinance CB 31 -SPWRP 2019 Appropriation Ordinance - Pdf Staff recommends City Council approve an ordinance adopting the 2019 Appropriation for the South Platte Water Renewal Partners (SPWRP), formerly known as the Littleton/Englewood Wastewater Treatment Plant. Staff: Acting Finance and Administrative Services Director Maria Sobota v. CB 27 - Establish the 2018 Mill Levy (Collected in 2019) Ordinance CB 27 - Establish the 2018 Mill Levy (Collected in 2019) Ordinance - Pdf Staff recommends City Council approve an ordinance establishing the 2018 Mill Levy to be collected in 2019. Staff: Acting Finance and Administrative Services Director Maria Sobota c. Resolutions and Motions i. 2019 Community Development Block Grant Application Resolution 2019 Community Development Block Grant Application Resolution - Pdf Staff recommends that City Council approve a Resolution authorizing the submission of an application to Arapahoe County for the City of Englewood's portion of federal fiscal year 2019 Community Development Block Grant (CDBG) funds. Staff: Planning Manager Wade Burkholder ii. Broken Tee Golf Course Software Upgrade and Marketing System Broken Tee Golf Course Software Upgrade and Marketing System - Pdf Staff recommends that council approve, by Motion, a contract with Billy Casper Golf, LLC, in the amount of $72,200.00 to provide a golf operations software system integrated with professional marketing support. Staff: Recreation Services Manager Bob Spada. iii. SPWRP Building Envelope Condition Assessment Project 2018 SPWRP Building Envelope Condition Assessment Project 2018 - Pdf Page 4 of 461 Englewood City Council Regular Agenda November 5, 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. The South Platte Water Renewal Partners (SPWRP), owned by Littleton / Englewood, recommends that Council approve, by Motion, a professional services agreement with Intergroup Architects (IGA) for consulting services in performance of the Building Envelope Condition Assessment Project 2018, not to exceed the amount of $62,450. This recommendation was approved by the Supervisory Committee on September 20, 2018. Staff: Deputy Director of Strategic Programs Blair Corning iv. Interim City Manager Search Interim City Manager Search - Pdf Staff recommends that City Council select an option for continuing the process for identifying an interim city manager. Staff: Human Resources Director Maria Gonzalez v. City Manager Search City Manager Search - Pdf Staff recommends that the City Council select an option for the search method to be used to identify the permanent City Manager. Staff: Human Resources Director Maria Gonzalez 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 5 of 461 MINUTES City Council Regular Meeting Monday, October 15, 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 Olson at 7:02 p.m. 2 Invocation The invocation was given by Council Member Wink. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Wink. 4 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Rita Russell Council Member Othoniel Sierra Council Member Laurett Barrentine Council Member Dave Cuesta Council Member Amy Martinez Council Member Cheryl Wink COUNCIL ABSENT: None STAFF PRESENT: Acting City Manager Hargrove City Attorney McKenney Brown City Clerk Carlile Deputy City Clerk McKinnon Director Brennan, Utilities Director D'Andrea, Public Works Director Van Ry, South Platte Water Renewal Partners Acting Director Sobota, Finance and Administrative Services Planning Manager Burkholder, Community Development Process Maintenance Supervisor Guetano, South Platte Water Renewal Partners Planner Voboril, Community Development Page 1 of 17 Draft Page 6 of 461 City Council Regular October 15, 2018 Technical Support Specialist II Munnell, Information Technology Commander Fender, Police Department 5 Consideration of Minutes of Previous Session Minutes of the Special City Council Meeting of October 8, 2018. a) Minutes of the Regular City Council Meeting of October 1, 2018. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra TO APPROVE THE MINUTES AS AMENDED OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 1, 2018. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. b) Minutes of the Special City Council Meeting of October 8, 2018. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra TO APPROVE THE MINUTES AS OF THE SPECIAL CITY COUNCIL MEETING OF OCTOBER 8, 2018. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. 6 Recognition of Scheduled Public Comment Page 2 of 17 Draft Page 7 of 461 City Council Regular October 15, 2018 a) JJ Margiotta, an Englewood resident, addressed Council regarding the budget, Englewood Environmental Foundation (EEF) and the Englewood McLellan Reservoir Foundation (EMRF). b) Elaine Hults, an Englewood resident, addressed Council regarding the budget, Englewood Environmental Foundation (EEF) and the Englewood McLellan Reservoir Foundation (EMRF). c) Jerry Walker, an Englewood resident, addressed Council regarding the budget. d) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. e) Kathleen Bailey, an Englewood resident, addressed Council regarding Council behavior. 7 Recognition of Unscheduled Public Comment a) Coween Dickerson, an Englewood resident, addressed Council regarding the budget. b) Vicki Hoffman addressed Council regarding storm sewer maintenance. c) Ida May Nicholls, an Englewood resident, addressed Council regarding a civil war event and the budget. d) Tammy Williamson, an Englewood resident, addressed Council regarding Airbnb's and ADU's. e) Cynthia Searfoss, an Englewood resident, addressed Council regarding ADU's and the budget. Council Responded to Public Comment. 8 Communications, Proclamations, and Appointments There were no Communications, Proclamations, or Appointments. 9 Consent Agenda Items Moved by Council Member Wink seconded by Council Member Martinez to approve Consent Agenda Items 9 (b)(i) and 9 (c)(i-ix). Mayor Pro Tem Russell removed Agenda items 9 (c)(i-ix) from Consent Agenda. a) Approval of Ordinances on First Reading There were no additional Ordinances on First Reading (See Agenda Items 11 (a)(i-vi). Page 3 of 17 Draft Page 8 of 461 City Council Regular October 15, 2018 b) Approval of Ordinances on Second Reading. i) CB 32 - Iron Works Village Metropolitan District IGA Amendment Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink ORDINANCE NO. 23, SERIES OF 2018 (COUNCIL BILL NO. 32, INTRODUCED BY COUNCIL MEMBER RUSSELL). AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND IRON WORKS VILLAGE METROPOLITAN DISTRICT. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. c) Resolutions and Motions Mayor Pro Tem Russell motioned to table Agenda Items 9(c)(i-ix) until a discussion regarding Code Enforcement has been conducted. Discussion ensued. i) Purchasing agreement -- Adamson Bounce cameras [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink Approval of a purchase agreement between the City of Englewood and Adamson Police Products to purchase safety and surveillance equipment. The total amount of the agreement is $8,700 for 3 Bounce Imaging: cameras with associated accessories. Page 4 of 17 Draft Page 9 of 461 City Council Regular October 15, 2018 For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x 5 2 0 Motion CARRIED. ii) Purchasing agreement -- L.A.W.S. I.C.V. exterior upgrades [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Approval of the purchase of lighting to upgrade the exterior of the police department Incident Command Vehicle (ICV) from Lighting, Accessory Warning Systems (L.A.W.S.) in a total amount of $11,551.77. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x 5 2 0 Motion CARRIED. iii) Purchasing agreement -- Adamson Technical Equipment [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink Approval of the purchase of safety and surveillance equipment from Adamson Police Products in the total amount of the agreement is Page 5 of 17 Draft Page 10 of 461 City Council Regular October 15, 2018 $18,440. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x 5 2 0 Motion CARRIED. iv) Purchase of Adamson ballistic shields [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink Approval of the purchase of ballistic equipment from Adamson Police Products pursuant to the terms of the cooperative purchasing agreement by and between the State of Colorado and Adamson Police Products in the amount of of $18,590.00. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x 5 2 0 Motion CARRIED. v) Purchasing agreement -- 836 Technologies [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Page 6 of 17 Draft Page 11 of 461 City Council Regular October 15, 2018 Approval of the purchase of a crisis negotiator throw phone from CINT Commander II, a sole source provider [see letter], in the amount of $23,924.00. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x 5 2 0 Motion CARRIED. vi) Purchasing agreement -- G-Force Powersports Polaris [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Approval of a purchase agreement between the City of Englewood, G-Force Powersports and Lighting, Accessory Warning Systems (L.A.W.S.) to purchase and up fit a Polaris Ranger 1000 EPS Utility Task Vehicle. The total amount of the agreements are $23,518.06. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x 5 2 0 Motion CARRIED. vii) Purchasing agreement -- Agile Mesh and L.A.W.S. [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Cheryl Wink Page 7 of 17 Draft Page 12 of 461 City Council Regular October 15, 2018 Seconded by Council Member Amy Martinez Approval of a purchase agreement between the City of Englewood and Agile Mesh to purchase safety and surveillance equipment. L.A.W.S. will be completing the installation of the systems. The Agile Mesh expenditure is $74,355 and the installations through L.A.W.S. is $3,285.00 The total amount of both agreements is $77,640.00. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x 5 2 0 Motion CARRIED. viii) Purchasing agreement -- Motorola Solutions [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Approval of a purchase agreement between the City of Englewood, Motorola Solutions and Wireless Advanced Communications to purchase radio communications hardware and software. Specifically staff recommends the purchase and replacement of 36 “mobile” radio consoles (with installation), 65 APX 6000 “portable” radios with ancillary equipment, upgrade software on current APX 6000 portable radios and all dispatch radio consoles. The total amount of the agreement is $504,382.10. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x Page 8 of 17 Draft Page 13 of 461 City Council Regular October 15, 2018 7 0 0 Motion CARRIED. ix) Purchasing agreement -- Tritech Software Systems [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Approval of the purchase agreement between the City of Englewood and Tritech Software Systems to purchase the Inform Records Management System to include all necessary interfaces and training. The total amount of the agreement is $530,156.71. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x 5 2 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 [Clerks Note: Budget Agenda Items were discussed and voted upon in the following order - 11 (a)(ii), 11 (a)(iv), 11 (a)(iii), 11 (a)(v) and 11 (a)(i).] i) CB 27 - Establish the 2018 Mill Levy (Collected in 2019) Ordinance - First Reading Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine Motion to table item 11 (a)(i) until items 11 (a)(ii-v) have been completed. Page 9 of 17 Draft Page 14 of 461 City Council Regular October 15, 2018 For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine (Seconded By) x Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez COUNCIL BILL NO. 27, INTRODUCED BY COUNCIL MEMBER WINK. A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x 6 1 0 Motion CARRIED. [Clerks note: This motion and vote came after the completion of Agenda items 11 (a)(ii-v).] ii) CB 29 - 2019 Budget Ordinance Discussion ensued. Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra Motion to end the budget discussion and call for the question. Page 10 of 17 Draft Page 15 of 461 City Council Regular October 15, 2018 For Against Abstained Othoniel Sierra (Seconded By) x Cheryl Wink (Moved By) x Linda Olson x Rita Russell x Laurett Barrentine x Dave Cuesta x Amy Martinez x 6 1 0 Motion CARRIED. Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 29, INTRODUCED BY COUNCIL MEMBER WINK. A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2019. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Moved By) x 5 2 0 Motion CARRIED. iii) CB 28 - 2019 Budget Appropriation Ordinance Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra Motion to table Agenda item 11 (a)(iii) until 11 (a)(iv) has been completed. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Page 11 of 17 Draft Page 16 of 461 City Council Regular October 15, 2018 Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 28, INTRODUCED BY COUNCIL MEMBER MARTINEZ. A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2019, AND ENDING DECEMBER 31, 2019, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2019. For Against Abstained Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 5 2 0 Motion CARRIED. [Clerks note: This motion and vote came after the completion of Agenda items 11 (a)(iv).] iv) CB 30 - SPWRP 2019 Budget Ordinance Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 30, INTRODUCED BY COUNCIL MEMBER WINK. A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE SOUTH PLATTE WATER RENEWAL PARTNERS FOR FISCAL YEAR 2019. For Against Abstained Linda Olson x Rita Russell x Page 12 of 17 Draft Page 17 of 461 City Council Regular October 15, 2018 Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Moved By) x 5 2 0 Motion CARRIED. The meeting recessed at 10:11 p.m. for a break. The meeting reconvened at 10:21 p.m. with all Council Members present. v) CB 31 - SPWRP 2019 Appropriation Ordinance Moved by Council Member Amy Martinez Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 31, INTRODUCED BY COUNCIL MEMBER MARTINEZ. A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE SOUTH PLATTE WATER RENEWAL PARTNERS PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2019, AND ENDING DECEMBER 31, 2019, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2019. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink x 5 2 0 Motion CARRIED. vi) CB 2 - Accessory Dwelling Unit (ADU) Ordinance Amendments to Council Bill No. 2 were discussed. Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine Motion to table Agenda item 11 (a)(vi) to the November 19, 2018 Regular Page 13 of 17 Draft Page 18 of 461 City Council Regular October 15, 2018 City Council Meeting. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine (Seconded By) x Dave Cuesta x Amy Martinez x Cheryl Wink x 6 1 0 Motion Tabled b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading (See Agenda Item 9 (b)(i).) c) Resolutions and Motions i) Oxford Emergency Storm Sewer Repairs Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra Approval of the invoices for the emergency repair from the City of Sheridan and American Civil Constructions in the amount of $175,823.31. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. ii) Resolution for 2018 Storm Drainage Fund Budget Supplemental Appropriation Moved by Council Member Amy Martinez Page 14 of 17 Draft Page 19 of 461 City Council Regular October 15, 2018 Seconded by Council Member Cheryl Wink RESOLUTION NO. 22, SERIES OF 2018 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION OF THE 2018 STORM DRAINAGE FUND BUDGET. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. iii) SPWRP - Anaerobic Digester No. 2 and No. 5 Valve Replacement Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink Approval of the purchase of 56 Resilient Wedge Valves from Ferguson WaterWorks, in the amount of $52,188.16. If approved, the SPWRP will purchase 56 Resilient Wedge Valves needed to replace valves in two (2) of the five (5) Anaerobic Digesters, No. 2 and No.5. This recommendation to purchase 56 Resilient Wedge Valves was approved by the Supervisory Committee on September 20, 2018. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. iv) Approve Guidelines for Roadside Memorial Sign Installations Moved by Council Member Amy Martinez Page 15 of 17 Draft Page 20 of 461 City Council Regular October 15, 2018 Seconded by Council Member Cheryl Wink Approval of the attached guidelines for installation and maintenance of roadside memorial signs. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice i) Interim City Manager selection. Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Motion approving Virginia Egger as the Interim City Manager. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x 7 0 0 Motion CARRIED. b) Council Members' Choice 13 City Manager’s Report Page 16 of 17 Draft Page 21 of 461 City Council Regular October 15, 2018 14 City Attorney’s Report 15 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 11:29 p.m. City Clerk Page 17 of 17 Draft Page 22 of 461 MINUTES City Council Special Meeting Immediately following the Council Study Session COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Rita Russell Council Member Othoniel Sierra Council Member Laurett Barrentine Council Member Dave Cuesta Council Member Amy Martinez Council Member Cheryl Wink COUNCIL ABSENT: None STAFF PRESENT: Acting Deputy City Manager Hargrove City Attorney McKenney Brown Director Gonzalez, Human Resources Assistant City Clerk Truscott Reed Technical Support Specialist II Munnell, Information Technology 1 Call to Order The Special Meeting of the Englewood City Council was called to order by Mayor Olson at 8:46 p.m. 2 Role Call 3 Executive Session a) For a conference with the City Attorney for the purpose of receiving legal advice on contracts pursuant to C.R.S. Section 24-6-402(4)(b) and to develop strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e)(I); Moved by Council Member Linda Olson Seconded by Council Member Rita Russell TO MOVE INTO EXECUTIVE SESSION WITH THE CITY ATTORNEY FOR A CONFERENCE WITH THE CITY ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON CONTRACTS PURSUANT TO C.R.S. SECTION 24-6-402(4)(B) AND TO DEVELOP STRATEGY FOR Page 1 of 2 Draft Page 23 of 461 City Council Special Meeting October 22, 2018 NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. SECTION 24-6-402(4)(E)(I); For Against Abstained Linda Olson (Moved By) x Rita Russell (Seconded By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink x 6 1 0 Motion CARRIED. The meeting recessed at 8:51 p.m. to go into Executive Session. The meeting reconvened at 9:41 p.m. with all Council Members present. Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine TO CLOSE THE EXECUTIVE SESSION. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine (Seconded By) x Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. 4 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 9:44 p.m. City Clerk Page 2 of 2 Draft Page 24 of 461 Page 25 of 461 Page 26 of 461 Page 27 of 461 uu-.:=—Page 28 of 461 92 N ‘z\ um M.m<m=nm.2.5%.8.new252:manna33.2....on$5pox”%?mm52¢rm<mnrwnmma:5 nrwnwnnm...on825?.on:5no=.:.=c=5~moPa3Ewwmasvaouommmm5m=mEm=n.=2=.am San£5.:5Con.~.mrm=mm<mEm?mom:3mBw=mBm=nmmnmnmmmmnwnoUnoiono:8 v:_u:o 53:?$35..2.SEmamomooBB==:Q. Q.bmnmx.>.u.~=.o:n>>5mE=.o<..&52332:no«ax»owSam?awas:nonFumm.3:»mrmz353:mu ammo»:5»:mzvmammmmm3.w$8..onmbnonmmmemnnmEm=n_Bm_.:...8.onnmlmnmamnnon:5 ~33 ozam .220. 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Hm.9.NP5:or?wnnmlmmnm. 5?:Danna»:muno?mmo?m. .>rm§E_.§s§.oxwammN9:.=mU..m3.&m..25mo=o€EmcommuobmbmEmnlnnmB6 r.§€mmnwwmmrmmu... , Gum w..xn~n:.o=....Eusawnmn9.32.33Ocmlnv.u..a:.§.55%¢1::..u $5 93.33._umawmmmmmmF825 cm$5cmmmNciumEmnlnnm.mmmmmnlummwvo<m.mumBNVEma cma?maa mmmm o<m1wu..532.>5 o<m.._w<.53.:»mwFunnmmammm?nwmou$5»sawo<mu$8 3%uoE.umwzoaibmwonmmnmmou?amwmBE mm<m_ouEm=_..mnwuamummE533m.oBFm33uoabw.¢S.m~.m as vuoumzu.mmawmmmmmnmumuo<m1wv. am?ammSm:mmmrmmmNoibmEwan».:55:5ammiwmosmmo<m:.:uwmm<m_ouBmun5 $5 o<m1ww amongmwmbmvua.E2338noasnmmimmoummo<m~.Eummm<m_ouBmun5:5 zummlvmbmEwan».H:$5 m<mB..omwbmxdnmmmSaw:§§..2.asmnwbmmnmmwo<m~.E..=mm3%Emnlon mum53¢mo<mdE..wb o<m1w«.Ewan”.$5mnmbmwammmo<m~.EumEmo<m~._mu.&mEa mum:nonnnorPage 47 of 461 Page 48 of 461 Page 49 of 461 Page 50 of 461 Page 51 of 461 Page 52 of 461 Page 53 of 461 Total Cost RAD Program Tool IX I-TE/RAD 24,197,811 Not Listed 146,178 4.119.149 -1,931,541 “L -394.069 jg:-_7:3_2z 6051261 168.639 j?l?‘--319.398 -170,392 -168,178 -1,427 -1.2800 0.627 -0.0400 §1.0% FIXEDCOST-PoliceAdministration SPBG-Capital &Asset Management (CAM) Programs FIXEDCOST-Utilities Patrol Denver Fire Contract Management Employee Benefits Administration,Oversight & Outsource FIXEDCOST-Utilities Debt Service Detective Bureau Fire Marshal Impact Team Code Enforcement Englewood EnvironmentalFoundation Administration Equipment and Vehicle Maintenance Engiewood Mclellan Reservoir Foundation Administration Engiewood McLeIlanReservoir Foundation Administration i-InglewoodMcLelianReservoir Foundation Administration Englewood McLeiian Reservoir Foundation Administration 9,774,914 6,905,894 5,839,307 5,616,827 2,513,497 547,72 241,947 9,430 8,709 2.457 Total Cost per 2018 Budget 7,655,765 4,974,353 5,199, 5.5 _- 2,119.42 376,834 73,7 2,340 8,0 1,0 Total 5 Difference between Budget and RAD Difference in these accounts between the RADtool and the 2018 Budget Deitabetween BudgetandRAD 0.400 14. 5250 0.863 0.050 F‘|'EI3u¢8!1 39. 14.3 3.970 3.970 0.100 1.4 0.01 Total Fl'E Difference between -3,697 701 Budget and RAD F1'EDeltahetween Budgetandlub -0.0700 -0.3700 -0.0100 -7. 0125 FTEs between the RADtool and the 2018 11,560,11,707,”! 3,122,378!2,260,493 Page 54 of 461 Page 55 of 461 Recommended Signage Removal;in reaction to ?oods on July 24,2018 This is on the gateway of our city via westbound stretch of Hwy.285 (Jefferson Road). I Saw T e Sign Today Page 56 of 461 Page 57 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alison McKenney Brown DEPARTMENT: Utilities DATE: November 5, 2018 SUBJECT: CB 38 - Storm Water Code Update Ordinance DESCRIPTION: CB 38 - Storm Water Code Update Ordinance RECOMMENDATION: Staff recommends approval of this Council Bill amending Title 12, Chapter 5, Section 4 of the Englewood Municipal Code 2000, Regarding Storm Water Utility And Enterprise Fund User Fees. PREVIOUS COUNCIL ACTION: Title 12, Chapter 5, Section 4 of the Englewood Municipal Code 2000, Regarding Storm Water Utility And Enterprise Fund User Fees was first established in 1985, and amended in 2001. This Code section establishes Storm Water Utility And Enterprise Fund User Fees, requiring that update to these fees involve an update to this section of the Code. SUMMARY: Title 12, Chapter 5, Section 4 of the Englewood Municipal Code 2000, Regarding Storm Water Utility And Enterprise Fund User Fees was first established in 1985, and amended in 2001. This Code section establishes Storm Water Utility And Enterprise Fund User Fees, requiring that update to these fees involve an update to this section of the Code. The City Council has made transparency of costs a primary goal, and has noted that fees established and maintained within the municipal code are difficult for the citizens of Englewood to locate. Therefore, as fees and rates are updated, those sections of the Code establishing such fees and rates are being amended to require that rates be set forth by ordinance, and fees be set forth by resolution, with all such costs to be included within the City's Fee and Rate Schedule. The City Council will review the Fee and Rate Schedule annually and approve it by Resolution to assure that the City Council is made aware of current fees and rates. The Fee and Rate Schedule is also available to the public so that the public can review and have knowledge of all of the City's current fees and rates. ANALYSIS: This action will make identification of existing Storm Water Utility and Enterprise Fund User Fees easier for the public to access. FINANCIAL IMPLICATIONS: Page 58 of 461 There are no financial implications associated with this modification to the City's municipal code. It is being brought forth at this time in anticipation of an ordinance amending the City's Storm Water Utility and Enterprise Fund User Fees on November 19th. ALTERNATIVES: The City Council may choose not to adopt this amendment to Title 12, Chapter 5, Section 4 of the Englewood Municipal Code 2000, Regarding Storm Water Utility and Enterprise Fund User Fees, and all such fees will continue to be maintained within the Code and not maintained within the City’s annually reviewed Fee and Rate Schedule. CONCLUSION: This is the first step is making the information provided in this section of the Englewood Municipal Code more accessible to the public. Members of the public are encouraged to continue reading the municipal code to understand the City's policies and expectations, but specific fee and rate information should be more accessible than the act of reading and reviewing the Code. ATTACHMENTS: CB 38 - An Ordinance amending Title 12, Chapter 5, Section 4 of the Englewood Municipal Code 2000, Regarding Storm Water Utility And Enterprise Fund User Fees. Page 59 of 461 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 38 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER _______________ AN ORDINANCE AMENDING TITLE 12, CHAPTER 5, SECTION 4 OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING STORM WATER UTILITY AND ENTERPRISE FUND USER FEES. WHEREAS, Title 12, Chapter 5 of the Englewood Municipal Code provides for the collection of a storm drainage service charge for those purposes set forth within Section 4(B); WHEREAS, Title 12, Chapter 5, Section 8 of the Englewood Municipal Code reminds all property owners that floods from storm water runoff may occasionally occur which exceed the capacity of storm water facilities constructed and maintained by funds made available under that Chapter, and that property liable for the fees and charges established by that Chapter will not always be free from flooding or flood damage; and WHEREAS, The Storm Water Enterprise Fund utilizes all monies collected to make expenditures for the purpose of: 1. Construction, installation, repair, maintenance, improvement, replacement and reconstruction of drainage facilities in the City and all other facilities necessary to adequately handle storm waters in the City. 2. The purchase of interests, including, without limitation, ownership and easements, in land that may be necessary to implement the purposes of this Chapter, including, without limitation, land for installation and construction of drainage facilities that are reasonably required for the proper handling of storm waters in the City. 3. Funding of all costs, including, but not limited to, administrative costs, studies, equipment, consultants, laboratory testing, personnel costs, and system improvements, needed to complete the studies and management programs necessary to bring the City's storm water discharges into compliance with all State and Federal regulations and the requirement of the City as contained herein. 4. Reimbursing of other City fund divisions for expenses incurred in the operation, repair and maintenance of the City's storm water system. All reimbursements must be proportional to services rendered by other departments, and, likewise, proportional credits shall be received for services rendered to other departments by the Storm Water Utility. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 12, Chapter 5, Section 4. The City Council of the City of Englewood, Colorado hereby authorizes Title 12, Chapter 5, Section 4 of the Englewood Municipal Code to be amended as follows, to become effective January 1, 2019: Page 60 of 461 2 12-5-4: User Fees. A. There is hereby imposed on every lot or parcel of land within the City a storm drainage service charge. The storm drainage service charge shall be reviewed annually and set from time to time by ordinance of the City Council and shall be based upon the impervious area of the lot or parcel. B. The Storm Water Enterprise Fund shall hold all monies received by the City under this Chapter in a separate account and make expenditures thereof only for the purpose of: 1. Construction, installation, repair, maintenance, improvement, replacement and reconstruction of drainage facilities in the City and all other facilities necessary to adequately handle storm waters in the City. 2. The purchase of interests, including, without limitation, ownership and easements, in land that may be necessary to implement the purposes of this Chapter, including, without limitation, land for installation and construction of drainage facilities that are reasonably required for the proper handling of storm waters in the City. 3. Funding of all costs, including, but not limited to, administrative costs, studies, equipment, consultants, laboratory testing, personnel costs, and system improvements, needed to complete the studies and management programs necessary to bring the City's storm water discharges into compliance with all State and Federal regulations and the requirement of the City as contained herein. 4. Reimbursing of other City fund divisions for expenses incurred in the operation, repair and maintenance of the City's storm water system. All reimbursements must be proportional to services rendered by other departments, and, likewise, proportional credits shall be received for services rendered to other departments by the Storm Water Utility. C. The City may pledge storm water fees collected under this Chapter, and those anticipated to be collected, to the retirement of the principal and interest of revenue or general obligation bonds issued by the City for financing any of the activities of this Chapter. D. The City may pledge fees collected under this Chapter, and those anticipated to be collected, to participate with other public entities, having a common interest, in storm water discharge projects, studies and management programs. E. The Englewood City Council shall establish by ordinance those charges set forth within this Chapter for storm drainage service. Such charges shall be maintained in the City’s Rate and Fee Schedule. hereby gives approval for establishment of the following Storm Water Users fees: Single-Family Residential: Flat rate charge of sixteen dollars and sixty six cents ($16.66) per year to be billed quarterly with the water and sewer billing. All other classes of customers will be billed $0.00554 per square foot of impervious area within their property boundaries with a minimum annual billing of sixteen Page 61 of 461 3 dollars and sixty six cents ($16.66) to be billed quarterly with the water and sewer billing. Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. E.M.C. Title 12, Chapter 5, Section 6, sets forth enforcement measures for failure to pay the assessed storm water fees, including imposing a lien upon property for nonpayment. E.M.C. Title 12, Chapter 5, Section 6, sets forth enforcement measures for failure to pay the assessed storm water utility and enterprise fund fees, including placing a lien upon the billed property. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 5th day of November, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of November, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of November, 2018. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk Page 62 of 461 4 I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for Ordinance introduced, read in full, and passed on first reading on the 5th day of November, 2018. Stephanie Carlile Page 63 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alison McKenney Brown DEPARTMENT: SPWRP DATE: November 5, 2018 SUBJECT: CB 39 - Waste Water Code Update (Sewer) DESCRIPTION: CB 39 - Waste Water Code Update (Sewer) RECOMMENDATION: Staff recommends approval of this Council Bill amending Title 12, Chapter 2, Section 3, Subsection B, of the Englewood Municipal Code 2000 Regarding Wastewater Fees and Charges. PREVIOUS COUNCIL ACTION: Title 12, Chapter 2, Section 3, Subsection B, of the Englewood Municipal Code 2000 Regarding Sewer Fees and Charges. was first established in 1985, and was amended in 1998, 2000, 2002, 2003, 2004, 2006, 2008, 2009, 2012, and 2017. SUMMARY: Title 12, Chapter 2, Section 3, Subsection B, of the Englewood Municipal Code 2000 Regarding Sewer Fees and Charges was first established in 1985, and was amended in 1998, 2000, 2002, 2003, 2004, 2006, 2008, 2009, 2012, and 2017. This Code section establishes Wastewater Rates, and requires that updates to these fees involve an update to this section of the Code. Rather than redo the Code to accommodate current rates, the 2012 amendment provides that all of the 2011 rates and fees would be subject to a cumulative increase for three years (2013-2015). The annual percentage increase was provided but the actual rates and fees were not provided. Thus, any member of the public wanting to know the 2018 wastewater rates or fees established by that chapter would be required to start with the 2011 established rate and multiply that amount by 4% to establish the 2013 amount, multiply the 2013 amount by 4% to establish the 2014 amount, and then multiply the 2014 amount by 4% to establish the 2015 amount. The City Council has made transparency of costs a primary goal, and has noted that rates and fees established and maintained within the municipal code are difficult for the citizens of Englewood to locate. Therefore, as fees and rates are updated, those sections of the Code establishing such fees and rates are being amended to require that rates be set forth by ordinance, and fees be set forth by resolution, with all such costs to be included within the City's Fee and Rate Schedule. The City Council will review the Fee and Rate Schedule annually and approve it by Resolution to assure that the City Council is made aware of current fees and rates. The Fee and Rate Schedule is also available to the public so that the public can review and have knowledge of all of the City's current fees and rates. Page 64 of 461 ANALYSIS: This action will make identification of current Wastewater rates and charges easier for the public to access. FINANCIAL IMPLICATIONS: There are no financial implications associated with this modification to the City's municipal code. It is being brought forth at this time in anticipation of an ordinance amending the City's Wastewater Rates on November 19th. ALTERNATIVES: The City Council may choose not to adopt this amendment to Title 12, Chapter 2, Section 3, Subsection B, of the Englewood Municipal Code 2000 Regarding Wastewater Fees and Charges and all such rates and charges will continue to be maintained within the Code and not maintained within the City’s annually reviewed Fee and Rate Schedule. ATTACHMENTS: Council Bill 39 - amending Title 12, Chapter 2, Section 3, Subsection B, of the Englewood Municipal Code 2000 Regarding Wastewater Fees and Charges. Page 65 of 461 1 BY AUTHORITY ORDINANCE NO. _____ COUNCIL BILL NO. 39 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER ______________ A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 3, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000 REGARDING WASTEWATER FEES AND CHARGES. WHEREAS, the State of Colorado has made the standards for wastewater treatment more stringent, both by reducing the amount of total phosphorus and total inorganic nitrogen, and reducing the temperature of water which may be released from the wastewater plant into its receiving stream; WHEREAS, the State’s standards have been incorporated into the operating license of the South Platte Water Renewal Partners of Littleton and Englewood, and will necessitate extensive facility upgrades over the next decade; WHEREAS, the South Platte Water Renewal Partners of Littleton and Englewood will perform a comprehensive cost of services analysis during early 2019 to determine if current rates and fees are appropriate and applicable to the anticipated increased costs of providing waste water services within the City of Englewood; and WHEREAS, the City of Englewood has determined that a seven percent (7%) increase in sewer rates is an appropriate temporary increase pending the outcome of the comprehensive cost of services analysis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes Title 12, Chapter 2, Section 3, Subsection B, of the Englewood Municipal Code 2000, to be amended as follows, to become effective January 1, 2019: 12-2-3: Fees and Charges. A. Purpose. It is the purpose of this section to provide for the payment of all POTW (publicly owned treatment works) costs, including costs of the City. The total annual cost of operation and maintenance shall include, but need not be limited to: labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory testing and a reasonable contingency fund. The charges will be based upon the quality and quantity of user's wastewater, and also upon the capital and operating costs to intercept, treat, and dispose of wastewater, and shall be established by formal action of the City Council.. The applicable charges shall be as set forth herein. B. General. There is hereby levied and charged on each lot, parcel of land and premises served by or having Wastewater connection with the Wastewater of the City or otherwise discharging wastewater, industrial wastes or other Page 66 of 461 2 liquids, either directly or indirectly, into the City Wastewater system an annual service charge which shall be computed and payable as follows: 1. The charge for wastewater treatment shall be based on the gallonage of water delivered to the premises during the lowest water meter reading period falling between September 1 through May 31 for service inside city and November 1 through April 30 for service outside city.October 1 and May 15. This gallonage shall be converted to an annual equivalent and multiplied by the annual rate per one thousand (1,000) gallons provides the annual treatment charge. 2. A charge for Wastewater collection system maintenance shall be established annually by action of the City Council as part of their annual approval of the City’s fee and rate schedule, or by separate resolution, where premises are served by the City collection system. Where the City does not own and maintain the collection system, the City will collect charges for maintenance of same only when authorized by the terms of contract between the City and the sanitation district. 3. Where water at any premises is taken through multiple meters, the charge for wastewater treatment shall be based on the gallonage of water delivered to the premises through all of the meters during the lowest water meter reading period falling between September 1 through May 31 for inside city and November 1 through April 30 for outside city, through all of the meters during the appropriate water meter reading period falling between October 1 and May 15, or the sum of the minimum charges for each meter, whichever is greater. However, one (1) bill for all wastewater treatment, composed of the sum of minimum charges for each meter used, or a single quantitative charge for all wastewater treatment may be issued in the following cases: a. Where water service is taken through a combination of meters or through meters on two (2) or more service pipes, if water serviced through each of such meters and service pipes is delivered and used on the same property for one general purpose, or the premises is a single enterprise on an integrated holding of land, undivided by public streets, roads or alleys; and b. For each public school entity, even though the meters may be situated on separate properties. 4. Where water usage information is not available wastewater service charges will be based on a minimum charge established by ordinance and maintained in the City’s Rate and Fee Schedule. shall be computed using the current rate per one thousand (1,000) gallons and based on the following normal usage by class, as follows: 2 Months 3 Months 12 Months a. Single-family dwellings 14 21 83 b. Multi-family dwelling units 9 13 52 c. Mobile home units 5 8 52 d. Commercial (by meter size/capacity) 5/8 inch 19 29 116 Page 67 of 461 3 ¾ inch 29 44 176 1 inch 49 73 292 1½ inches 97 146 584 2 inches 156 234 936 3 inches 311 467 1,868 4 inches 487 730 2,920 6 inches 973 1,460 5,840 5. Outside City customers will be charged one hundred five percent (105%) of the amount charged inside City customers for similar service to compensate for additional infiltration from the longer interceptor lines. This factor has been shall be included in the flat rate and minimum rate tables in subsection B 9 below establishing the rates charged to customers of the City. 6. Charges for service to customers inside the City limits shall be billed inquarterly or annually installments in advance. Charges for Wastewater only service outside the City may, at the discretion of the City, be billed annually where this would not conflict with special provisions of a connector's agreement. All bills are due and payable as of the billing date and become delinquent thirty (30) days after the billing date for inside city and forty five (45) days after the billing date for outside city. 7. User charges shall be reviewed annually and revised periodically to reflect actual treatment works O&M costs. 8. The rates charged by the City for all wastewater service shall be established by ordinance, and maintained in the City’s Rate and Fee Schedule. following rates became effective January 1, 2011: Sewage Treatment Charge per 1,000 gallons $2.5243 Collection System Charge per 1,000 gallons $0.3362 Total: $2.8605 SCHEDULE I SCHEDULE II SCHEDULE III SCHEDULE IV Customer Class In City City Sewers Billed Quarterly In City District Sewers Billed Quarterly Outside City District Sewers Billed Annually Outside City District Sewers Billed Quarterly Flat Rate Min. Flat Rate Min. Flat Rate Min. Flat Rate Min. Single Family Dwelling $60.19 $54.75 $53.10 $48.26 $222.47 $202.57 $55.67 $50.69 Page 68 of 461 4 Multi Family Per Unit $37.28 $33.94 $32.89 $29.89 $138.10 $125.43 $34.55 $31.38 Mobile Home Per Unit $22.95 $20.85 $20.23 $18.43 $85.03 $77.18 $21.28 $19.34 Commercial & Industrial (by meter size) 5/8 " $82.91 $75.53 $73.29 $66.65 $307.47 $279.76 $76.89 $69.98 ¾" $125.90 $114.56 $111.12 $101.15 $466.64 $424.41 $116.69 $106.13 1" $208.76 $189.91 $184.35 $167.76 $774.04 $704.12 $193.53 $176.06 1½" $417.46 $379.94 $368.50 $335.35 $1,548.05 $1,408.21 $387.05 $352.08 2" $669.15 $609.02 $590.65 $537.44 $2,480.59 $2,257.56 $620.19 $564.43 3" $1,335.57 $1,215.31 $1,178.83 $1,072.61 $4,950.30 $4,505.42 $1,237.60 $1,126.38 4" $2,087.56 $1,899.80 $1,842.53 $1,676.75 $7,738.30 $7,042.05 $1,934.62 $1,760.54 6" $4,175.23 $3,799.53 $3,685.00 $3,353.30 $15,477.11 $14,084.05 $3,869.31 $3,521.03 8" $6,634.22 $6,037.16 $5,838.08 $5,312.57 $24,593.82 $22,380.32 $6,148.40 $5,595.16 10" $9,536.74 $8,678.52 $8,392.49 $7,637.00 $35,353.79 $32,171.86 $8,838.39 $8,043.12 Minimum charges both inside and outside the City are ninety-one percent (91%) of the flat rate charge for the customer class involved. 9. All fees and charges listed under this Section 12-2-3, shall be subject to a cumulative increase for the next three (3) years (2013 to 2015) as follows: On January 1, 2013, the existing fees and charges shall be increased by the amount of four percent (4%) above the January 1, 2011, fees and charges. On January 1, 2014, the existing fees and charges shall be increased by the amount of four percent (4%) above the January 1, 2013, fees and charges. On January 1, 2015, the existing fees and charges shall be increased by the amount of four percent (4%) above the January 1, 2014, fees and charges. C. Special Cases: 1. A school operating on a nine-month (9) school year, which supplies documentation to the City verifying the nine-month (9) schedule and which applies for a nine-month (9) operating status, shall be billed seventy-six percent (76%) of the charges which would normally accrue for similar usage by a residential customer. 2. Industries, car washes and other establishments where summer irrigation water is not significant or where seasonal business fluctuations are more significant than irrigation usage shall be billed based on annual rather than winter period water usage. 3. Customers with delivery flow characteristics significantly different from those of a single-family dwelling shall pay an additional readiness to serve fee as established by Page 69 of 461 5 ordinance and maintained in the City’s Rate and Fee Schedule: based on the following formula: R-V (.91 x NW) / 365 where: R = Annual delivery flow rate characteristics charge .91 = Readiness to serve portion of O&M costs NW = Customer's annual nonworking days 365 = Number of days in calendar year V = Annual volume charge for wastewater treatment 4. Other Cases: Where the procedures above are not applicable, or when application of same would work an obvious and significant injustice to the customer, a rate shall be established by the City based on reasonable estimates of projected flow. D. Permitted Industrial Users: 1. Industries that are permitted as Significant Industrial Users or have been issued a Wastewater Control Permit and discharge wastewater with BOD, COD and/or TSS in excess of Normal Domestic Strength Wastewater (12-2-1(D)) will be charged for the cost of handling treatment of these wastes calculated based upon the net excess loading. The use of surcharges does not permit the User to otherwise exceed any Local Limits specifiedat 12-2-5(B)(2), or Federal and State Pretreatment Standards. 2. The City shall require payment to cover the added cost surcharge of handling and treating the wastes as established by ordinance and maintained in the City’s Rate and Fee Schedule. as determined by the following formula: SC = Q x 8.34 [UC O (AOD) + UCs (SS-300)] SC = annual surcharge in dollars and cents Q = volume of sewage discharged to the public sewer in million gallons per year 8.34 = conversion factor; 1 gallon of water to pounds UC O = unit charge for AOD in dollars per pound ($0.02) (i) If COD / BOD 5 is less than 3.0, then AOD=(BOD 5 - 200 mg/l) (ii) If COD / BOD 5 is greater than 3.0, then AOD=(COD-500 mg/l) AOD = Additional Oxygen Demand strength index in milligrams per liter Page 70 of 461 6 COD = Chemical oxygen demand strength index in milligrams per liter BOD 5 = 5 day biochemical oxygen demand strength index in milligrams per liter UC S = unit charge for SS in dollars per pound ($0.11) SS = suspended solids strength index in milligrams per liter 200 = normal BOD 5 strength in milligrams per liter 300 = normal SS strength in milligrams per liter 500 = normal COD strength in milligrams per liter The application of the above formula provides for a surcharge for BOD, COD and/or TSS. If the concentration of these pollutants is less than that of Normal Domestic Strength Waste, the User shall not receive a surcharge nor given a credit to the total surcharge. 3. Payment rates shall be computed for ICR customers based on the following basic capital costs of the POTW: Q (Volume): $1,386.83 per 1,000 gallon day of capacity BOD: $91.86 per pound day of capacity SS: $105.63 per pound day of capacity 3. Specific individual rates will be calculated based on the volume strength and rate of flow in accordance with current Federal guidelines. Adjustments to individual rates will be made annually or more frequently, whenever evidence is received that a major change in wastewater volume and/or characteristics has occurred. Payment will commence within one (1) year of the date of initiation of service through the POTW. 4. Industrial Users identified for inclusion into an applicable Sector Control Program may be charged for the costs incurred by the City for re-inspections due to failure to correct non-compliances or violations identified during a sector control inspection. A fee shall be established by Resolution of the City Council, and maintained in the City’s Rate and Fee Schedule., of one hundred dollars ($100.00) may be assessed for each inspection required until completion of violation remedy. Such fee shall be established as a minimum of one hundred dollars ($100.00), but may be modified by Resolution, and shall be set forth in the City’s fee and rate schedule. 5. Sanitation Districts may be charged for the cost incurred by the City for inspecting Industrial Users included in or added to, based on inspection results, the City's Fats, Oil, and Grease (FOG) or Petroleum Oil, Grease and Sand (POGS) Sector Control Program. Such fee shall be established by Resolution and maintained in the City’s Rate and Fee Schedule. The City may charge fifty dollars ($50.00) per inspection for facilities Page 71 of 461 7 contributing wastewater to the POTW from locations outside of the City boundary. A fee shall be established as a minimum of fifty dollars ($50.00) per inspection for facilities contributing wastewater to the POTW from locations outside of the City boundary, but may be modified by Resolution, and shall be set forth in the City’s fee and rate schedule. E. Restoration of Service. Wastewater service shall not be restored until all charges, including the expense of termination and charge for restoration of service, have been paid. F. Collection Procedures: 1. Charges Responsibility of Owner: All fees and charges shall be chargeable against and payable by the owner of the premises receiving wastewater services. 2. Periodic Billing Statements: a. The City shall cause billings for wastewater treatment and/or water charges to be rendered periodically at rates established. b. Billings for charges and any other notices shall be effective upon mailing said billing or notice to the last known address of the user as shown on City records. c. Service charges provided in this Chapter shall be billed and paid in full within thirty (30) days from date of billing for inside city and forty five (45) days after the billing date for outside city. Partial payments may be approved by the City Manager or designee on a case by case basis provided that the total bill shall be is paid in full no more than three months after the original billing date. The City Manager or designee shall develop policies that set forth the conditions under which a partial payment plan may be granted. The City shall bear no responsibility to provide the customer with any kind of reminder notices. If the payment arrangement is not kept, all applicable late fees and penalties shall apply.d. If sewer rates are changed or customers institute or terminate service other than on established billing dates, the bill shall be prorated. 3. When payment of City utility services is received, the City shall apply said payment shall be applied in the following order: to satisfy all stormwater enterprise fund charges first, all concrete utility fund charges second, all wastewater fund charges shall be satisfied next, and lastly, and water fund charges shall be satisfied, in that order. G. Delinquency and Collection: 1. Fees and charges levied in accordance with this Chapter shall be paid to the City within thirty (30) days from the date of billing for inside city and forty five (45) days after the billing date for outside city. to the City. If the bill is not paid within thirty (30) daysafter billing, from the date of billing for inside city and forty five (45) days after the billing date for outside city, it shall be deemed delinquent, whereupon a delinquency charge not to exceed the amount of fifteen dollars ($15.00) or up to five percent (5%) per month, or fraction thereof, not to exceed a total of twenty-five percent (25%) of the amount due, whichever is greater fee shall be imposed for collection services. The fee shall be established by ordinance and maintained in the City’s Rate and Fee Schedule. All fees established by this section shall be established by Resolution of the City Council, and maintained as part of the City’s Fee and Rate Schedule, The minimum delinquency fee shall be established as fifteen dollars ($15.00) or up to five percent (5%) per month, or fraction thereof, not to exceed a total of twenty-five percent (25%) of the amount due, whichever is greater. Interest in the amount of eighteen percent (18%) per year shall be charged on the amount due only. 2. Non-payment. All wastewater charges and surcharges, including, but not limited to, collection charges, pretreatment charges, Page 72 of 461 8 monitoring charges, shall be a lien upon the property to which wastewaters are connected from the date said charges become due until said charges are paid. The owner of every structure or premises shall be liable for all wastewater charges for users on his premises, which lien of liability may be enforced by the City by action at law to enforce the lien. In case the tenant in possession of any premises shall pay the wastewater charges, it shall relieve the landowner from such obligations and lien, but the City shall not be required to seek payment from any person whomsoever other than the owner of the property for the payment of wastewater charges. No change of ownership or occupation shall affect the application of this subsection, and the failure of any owner to discover that he purchased property against which a lien for wastewater service exists shall in no way affect his liability for such payment in full. Said delinquent payments, and the lien created thereby, shall be enforced by assessment upon the property and premises so served and certification thereof to the County Treasurer for the collection under and in pursuance as provided for in this Code. H. Disconnection Clause: 1. The City may disconnect within the City or contract areas served by the City for accounts delinquent more than ninety (90) days. Notice shall be given to the last known address of user or owner thirty (30) days prior to disconnection. All costs of disconnection shall be repaid at the time of reconnection; provided, that if the premises are supplied with City water services, such service may be shut off until such rates and charges for treatment and disposal of wastewater shall have been paid. 2. When the premises to which such service is provided are located without outside the limits of the City, failure to pay the rates and charges for treatment and disposal of wastewater when due shall be cause for the City Clerk to certify to the county commissioners of the county in which said delinquent user's property is located the charges due and unpaid, on or before November 1 of each year, and thereupon and until paid, the same shall be a lien upon the real property so served by said wastewater system and shall be levied, certified, received or collected by sale annually from year to year by the proper county officials as are general taxes, and the proceeds therefrom remitted to the City of Englewood; provided, that if the premises are supplied with City water services, such service may be shut off until such rates and charges for treatment and disposal of wastewater shall have been paid. Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three Page 73 of 461 9 hundred sixty (360) days or by both such fine and imprisonment. E.M.C. Title 12, Chapter 2, Section 3, sets forth enforcement measures for failure to pay the assessed wastewater rates and fees, including disconnection of service. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 5th day of November, 2018. Published as a Bill for an Ordinance in the City’s official newspaper on the 8th day of November, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of November, 2018 Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for Ordinance introduced, read in full, and passed on first reading on the 5th day of November, 2018. Stephanie Carlile Page 74 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Community Development DATE: November 5, 2018 SUBJECT: Extend Expiration Date for Permit and Plan Review Fee Waivers DESCRIPTION: Extend Expiration Date for Permit and Plan Review Fee Waivers RECOMMENDATION: Staff recommends that City Council extend by motion, the expiration date for the temporary waiver of permit and plan review fees as established in Ordinance 17, Series 2018. PREVIOUS COUNCIL ACTION: On August 20, 2018, the City Council approved Ordinance 17, Series 2018 temporarily waiving building permit and plan review fees for properties impacted by the July 24, 2018 flooding. Ordinance 17, Series 2018 expired October 15, 2018. On October 1, 2018, the City Council approved CB26 which authorized the City Council to waive building-related fees by regular motion after designating an event an emergency or after recognizing a specific identified danger or harm with the community. SUMMARY: The July 24, 2018 storm resulted in flooding in areas of the City. In response and in an effort to encourage the timely, safe and quality reconstruction of impacted properties, Community Development staff recommended to City Council that building permit and plan review fees be waived in order to lessen the impact of the storm on Englewood home and business owners. ANALYSIS: Through the waiver of fees, property owners will be encouraged to secure required permits and ensure the work meets code requirements. Securing permits will ensure that work is completed by licensed contractors when required. To date, eleven permits have qualified for the waiver, for a total fee waiver dollar value of $487. Based on the relatively low volume of permits issued thus far, staff is recommending that the waiver period be extended from October 15, 2018 to December 31, 2018. To date, all requests for fee waivers have been approved by staff. FINANCIAL IMPLICATIONS: The staff time associated with the waiver of the building permit fees and plan review fees has been minimal and it is assumed that time will remain minimal. Based on the low volume of waiver requests thus far, it is anticipated that the volume will remain low thus the financial implications will remain incorporated into the 2018 Community Development Department's budget. Page 75 of 461 ALTERNATIVES: Do not extend the expiration date of the building permit and plan review fee waivers for properties impacted by the July 24, 2018 weather event. CONCLUSION: Staff recommends that City Council approve by motion to extend the expiration date from October 15, 2018 to December 31, 2018 in order to provide the community the opportunity to make needed repairs to flood damaged properties. ATTACHMENTS: Ordinance No. 17, Series of 2018 Page 76 of 461 BY AUTHORITY ORDINANCENO.17 COUNCIL BILL NO.21 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBERWENK AN ORDINANCE PROVIDING FOR A TEMPORARY WAIVER GF BUILDING PERMIT FEES AND PLAN REVIEW FEES ESTABLISHED BY THE ENGLEWOGD MUNICTPAL CODE. \vVriEREAS,On July 24,ZOE8,the City of?nglewood experienced a severe weather event of‘ signi?cant flooding and flash ?ooding resulting in flood related damage to residentialproperties, commercial properties,and public properties; WHEREAS,Chapter 2 of Title 8 of the Englcwood Municipal Code adopts the following Construction and Safety Codes:International Building Code (Title 8~2A~i),international MechanicalCode (Title 8-2B-l),International Plumbing Code (Title 8«2C-l),National Electrical Code (Title 8-2D-l},international Fire Code (Title 8—2E-l),International Property Maintenance Code {Title 8-2F-E),lntemational Residential Building Code (Title 8-2G-l),international Fuel Gas Code (Title S-214-1).and International Existing Building Code (Title 8«2.l-l ); WHEREAS,Tire Construction and Safety Codes of the City of Englewood provide that any owner or owner’s authorized agent who intends to construct,enlarge,alter,repair,move,demolish or change the occupancy of a building or structure,or to erect,install,enlarge,alter,repair,remove, convert or replace any electrical,gas,mechanical or plumbing system,or to cause any such work to be performed,must first obtain the requisite permit from the City of Englewood (see International Building Code (§l05),International Residential Building Code (§l05),and international Existing Building Code (§lO5); WHEREAS,The fees associatedwith Construction and Safety Code permits and plan reviews are set forth by Resolution of the Governing Body;and WHEREAS,It is in the interest of the health,safety,and welfare of the City at large to encourage expedited repairs to the flood damaged area. NOW,THEREFORE,BE IT ORDAINED BY THE CETY COUNCIL OF THE CETY OF ENGLEWOOD,COLORADO,AS FOLLOWS: Section E.The City Council of the City of Englewood,Colorado hereby authorizes waiver of building,electrical,mechanical and plumbing permit fees to repair and renovate residential,commercial,and public structures damaged by the ?ooding that occurred on July 24, 2018,and any fees arising from plan reviews associated with such permitted repair and renovation projects. Page 77 of 461 Section 2.The ChiefBuilcllng Official shall establish a permit and plan review fee waiver form (waiver)that any owner or ownefs agent shall complete and submit at the time of submission of a permit application or plan review.Such waiver,and any supplemental documentationdeemed necessary,shall provide information verifying that the permit,or plan review,is being obtained in associationwith the repair and renovationof structures damaged by the ?ooding that occurredon iuly 24,2018. Section 3.The waiver offees shall apply to permits applied for between July 25,2018 and October l5,20l8,and associated plan reviews occurring before November l,20l8. Section 4.Nothing herein shall be interpretedor construed as a waiver of the requirement to obtain all permits and plan reviews mandated by the Construction and Safety Codes and the Unified Development Code adopted by the City of Englewood. Section 5.Notice of general provisions applicable to interpretation and application of this Ordinance: Applicehilitv of Title 1.Chapter 2,Saving Clause.The provisions of'l‘itle 1,Chapter 2,Saving Clatisc apply to interpretation and application ofthis Ordinance,unlessotherwise set Forthabove, including,but not limited to,the provisions regarding severability,inconsistent ordinancesor code provisions,effect ofrepeal or modification,and legislation not affected lay repeal. Safctv 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 he obtained. introduced,read in full,and passed on first reading on the 6th day ofAugust,20E8. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 9th day of August,ZGI8. Published as a Bill for an Ordinance on the City’s official website beginning on the 8th day of August.2018. Read by Title and passed on final reading on the 26*‘day of August,ZOES. Published by Title in the Cityls official newspaper as Ordinance No.l7,Series oF20l S,on the 23"day of?tugust.2018. Publishedby title on the Citfs of?ciai website beginning on the 22”“day ofAugtzst_.20l8 for thirty (30)days. This Ordinance shall take effect thirty (30)days after publication following final passage. (>0 Page 78 of 461 Linda Olson,Mayor ATTEST: gghanieCarma,City Clerk I,Stephanie Cariile,Cizy Clerk afthe Céty of‘Engfewood,Colorado,hereby certify that ihe above and foregoing is a true copy ofthe Ordinance passed on {ma}reading and published by Title as Ordinance No.17,Series M2018. /Stephanie Cariilc ‘oi Page 79 of 461 Page 80 of 461 Page 81 of 461 Page 82 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Community Development DATE: November 5, 2018 SUBJECT: Waiver of Permit and Plan Review Fees for Egress Windows DESCRIPTION: Waiver of Permit and Plan Review Fees for Egress Windows RECOMMENDATION: Staff recommends that City Council approve by Motion a waiver of permit and plan review fees for egress windows. PREVIOUS COUNCIL ACTION: On August 20, 2018, the City Council approved Ordinance 17 temporarily waiving building permit and plan review fees to repair structures damaged by the flooding that occurred on July 24, 2018. On October 1, 2018, the City Council approved CB 26 which authorizes the City Council to waive building-related fees by regular motion after designating an event an emergency or after recognizing a specific identified danger or harm within the community. City council directed staff to pursue waiving of fees for egress windows. SUMMARY: The proposed motion will waive permit fee and plan review fees for retrofitting existing homes with egress windows in order to encourage and promote life safety upgrades. ANALYSIS: The July 24, 2018 storm made obvious the fact that many residential structures in Englewood were built during a time of less contemporary building codes and standards. Egress (emergency exit) windows are a required element in current construction standards. In an effort to promote the retrofit of older homes with this key lifesaving feature, staff is proposing to waive permit and plan review fees associated with the installation, upgrading or replacement of egress windows city-wide, with the exception of egress windows installed in new construction, additions or remodels as these are required per current code. In order to emphasize the importance for homeowners to consider this upgrade, staff proposed to waive the fees associated with the installation of egress windows from July 25, 2018 through December 31, 2019. FINANCIAL IMPLICATIONS: Staff believes that waiving permit fees for egress windows through December 31, 2019, along with an associated public information campaign, will generate additional egress window installation activity which would be a benefit to individual properties and the community as a whole. Page 83 of 461 A total of 55 permits have been issued year to date for egress windows and 22 of those have been issued since July 24, 2018. This is more than double the amount of permits issued in the previous two years. It is estimated that 80 permits for egress windows will be issued this year. If council approves the waivers to be retroactive to July 25, 2018, the total amount of fees waived from that date through the remainder of 2018 would be approximately $8,560.00 Based on the activity since the storm, it is estimated that approximately 80 - 100 permits for egress windows will be issued in 2019. Based on an average permit fee of $107, the total amount of fees waived would be approximately $8,560 - $10,700. ALTERNATIVES: Do not waive building permit and plan review fees associated with installation, upgrading or replacement of egress windows for residential properties. CONCLUSION: Staff recommends that City Council approve the motion to waive permit fees and plan review fees for egress windows. ATTACHMENTS: Ordinance 17, Series of 2018 CB 26 Page 84 of 461 BY AUTHORITY ORDINANCENO.17 COUNCIL BILL NO.21 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBERWENK AN ORDINANCE PROVIDING FOR A TEMPORARY WAIVER GF BUILDING PERMIT FEES AND PLAN REVIEW FEES ESTABLISHED BY THE ENGLEWOGD MUNICTPAL CODE. \vVriEREAS,On July 24,ZOE8,the City of?nglewood experienced a severe weather event of‘ signi?cant flooding and flash ?ooding resulting in flood related damage to residentialproperties, commercial properties,and public properties; WHEREAS,Chapter 2 of Title 8 of the Englcwood Municipal Code adopts the following Construction and Safety Codes:International Building Code (Title 8~2A~i),international MechanicalCode (Title 8-2B-l),International Plumbing Code (Title 8«2C-l),National Electrical Code (Title 8-2D-l},international Fire Code (Title 8—2E-l),International Property Maintenance Code {Title 8-2F-E),lntemational Residential Building Code (Title 8-2G-l),international Fuel Gas Code (Title S-214-1).and International Existing Building Code (Title 8«2.l-l ); WHEREAS,Tire Construction and Safety Codes of the City of Englewood provide that any owner or owner’s authorized agent who intends to construct,enlarge,alter,repair,move,demolish or change the occupancy of a building or structure,or to erect,install,enlarge,alter,repair,remove, convert or replace any electrical,gas,mechanical or plumbing system,or to cause any such work to be performed,must first obtain the requisite permit from the City of Englewood (see International Building Code (§l05),International Residential Building Code (§l05),and international Existing Building Code (§lO5); WHEREAS,The fees associatedwith Construction and Safety Code permits and plan reviews are set forth by Resolution of the Governing Body;and WHEREAS,It is in the interest of the health,safety,and welfare of the City at large to encourage expedited repairs to the flood damaged area. NOW,THEREFORE,BE IT ORDAINED BY THE CETY COUNCIL OF THE CETY OF ENGLEWOOD,COLORADO,AS FOLLOWS: Section E.The City Council of the City of Englewood,Colorado hereby authorizes waiver of building,electrical,mechanical and plumbing permit fees to repair and renovate residential,commercial,and public structures damaged by the ?ooding that occurred on July 24, 2018,and any fees arising from plan reviews associated with such permitted repair and renovation projects. Page 85 of 461 Section 2.The ChiefBuilcllng Official shall establish a permit and plan review fee waiver form (waiver)that any owner or ownefs agent shall complete and submit at the time of submission of a permit application or plan review.Such waiver,and any supplemental documentationdeemed necessary,shall provide information verifying that the permit,or plan review,is being obtained in associationwith the repair and renovationof structures damaged by the ?ooding that occurredon iuly 24,2018. Section 3.The waiver offees shall apply to permits applied for between July 25,2018 and October l5,20l8,and associated plan reviews occurring before November l,20l8. Section 4.Nothing herein shall be interpretedor construed as a waiver of the requirement to obtain all permits and plan reviews mandated by the Construction and Safety Codes and the Unified Development Code adopted by the City of Englewood. Section 5.Notice of general provisions applicable to interpretation and application of this Ordinance: Applicehilitv of Title 1.Chapter 2,Saving Clause.The provisions of'l‘itle 1,Chapter 2,Saving Clatisc apply to interpretation and application ofthis Ordinance,unlessotherwise set Forthabove, including,but not limited to,the provisions regarding severability,inconsistent ordinancesor code provisions,effect ofrepeal or modification,and legislation not affected lay repeal. Safctv 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 he obtained. introduced,read in full,and passed on first reading on the 6th day ofAugust,20E8. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 9th day of August,ZGI8. Published as a Bill for an Ordinance on the City’s official website beginning on the 8th day of August.2018. Read by Title and passed on final reading on the 26*‘day of August,ZOES. Published by Title in the Cityls official newspaper as Ordinance No.l7,Series oF20l S,on the 23"day of?tugust.2018. Publishedby title on the Citfs of?ciai website beginning on the 22”“day ofAugtzst_.20l8 for thirty (30)days. This Ordinance shall take effect thirty (30)days after publication following final passage. (>0 Page 86 of 461 Linda Olson,Mayor ATTEST: gghanieCarma,City Clerk I,Stephanie Cariile,Cizy Clerk afthe Céty of‘Engfewood,Colorado,hereby certify that ihe above and foregoing is a true copy ofthe Ordinance passed on {ma}reading and published by Title as Ordinance No.17,Series M2018. /Stephanie Cariilc ‘oi Page 87 of 461 Page 88 of 461 Page 89 of 461 Page 90 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Larry Nimmo DEPARTMENT: Public Works DATE: November 5, 2018 SUBJECT: Approve a Purchase Order to Wireless Advanced Communications (W.A.C.) for Englewood Police Department Head Quarters Building (EPD HQ). DESCRIPTION: Approve a Purchase Order to Wireless Advanced Communications (W.A.C.) for Englewood Police Department Head Quarters Building (EPD HQ). RECOMMENDATION: Staff recommends that Council award, by motion, a purchase order to Wireless Advanced Communications (W.A.C.) in the amount of $ 34,439.64 to relocate existing equipment, and furnish and install additional necessary equipment for a fully functional dispatch center. PREVIOUS COUNCIL ACTION: Council approved an ordinance setting forth the ballot language and submitting to a vote of the registered electors a General Obligation Bond (GOB) for the construction of a new Englewood Police Department Headquarters. Ballot issue 2C was passed by the voters on November 8, 2016. Council approved Ordinance No. 30, Series 2017 approving the issuance of General Obligation Bonds on May 4, 2017. Staff provided project updates at several study sessions in 2017 and 2018 that informed Council of this purchase. SUMMARY: The W.A.C. proposal was developed, in conjunction with Police and Dispatch staff, to provide the City a complete and accurate proposal to meet the needs of this move. W.A.C. is currently under contract with the City of Englewood on a number of other approved contracts; along with being one of the approved vendors for the Arapahoe County E 911 Authority. With their background and expertise working with the City of Englewood, they are the logical choice for completion of this detailed project with the technical knowledge to complete the wor k accurately and on time. ANALYSIS: Wireless Advanced Communications (W.A.C.) is an authorized Motorola Solutions vendor and service contractor in Colorado. The Englewood Police Department contracts with W.A.C. for all Motorola maintenance to all of the radio systems in use, which includes dispatch, portable radios, and mobile radios. Their proposal removes and relocates the radio equipment into the new dispatch center, and installs two new antennas with necessary hardware on the new building. The Englewood Police Department is also under contract with W.A.C. for all Page 91 of 461 maintenance and upgrades to the dispatch center radio equipment for the next 4 years. The terms of the existing contract will be used for this purchase order. FINANCIAL IMPLICATIONS: The Wireless Advanced Communications (W.A.C.) was not included in original Administrative Budget; therefore, a budget reallocation of $ 100,000 was made from the Project Contingency fund to the Administrative fund. The $ 34,439.64 will be deducted from the balance of 34 -1101 001 Police Building Construction account, task Administrative, on the sub-task of 05 — Dispatch Relocation Costs leaving a balance of $ 65,560.36. ATTACHMENTS: WAC Quote Page 92 of 461 SALES QUOTE Confidential and Proprietary Prices Valid for 30 Days from Quotation Date Englewood PD Dispatch Project Wes Chisnall Item Qty Model Description Unit Extended Equipment Removal Back Room Equipment 30 Technical Labor Three Person Team to remove the following items from the existing $120.00 $3,600.00 Equipment Room. 1. Control Station Combiner 2. Duplexer for Control Station Combiner 3. One (1) Harris Consolette Control Station 4. One (1) XTL 5000 Consolette Control Station 5. Two (2) APX Consolette Control Stations 6. One (1) UHF Siren Control Base Station 7. One (1) DC Power Supply 8. One (1) Proxy Server 9. One (1) Fire Wall for Proxy Server 10. One (1) Switch for Proxy Server 11. One (1) Local Monitor for Proxy Server 12. One (1) Aux I/O Server, associated Cabling, Cable Management System to the existing demarcation Point. 13. One (1) Site Controller 14. One (1) Site Router 15. One (1) Patch Panel 16. One (1) TX Control Station Combiner 17. 800 MHZ Duplexer 18. Net Clock Receiver 19. Three (3) 19" Equipment Racks to include Ground Bars and and Power Distribution Blocks. 20. Transport all Equipment (Lines 1 through 19) to Level 2 Data Center, located in new facility. Equipment Removal Dispatch Area 30 Technical Labor Three Person Team to remove the following items from the existing $120.00 $3,600.00 Equipment Room. 1. One (1) MCC 7500 Work Station Per Position 2. One (1) Operator Position Touch Screen Monitor 3. Two (2) Headset Jacks Per Position 4. One (1) Foot Switch Per Position 5. Transport all Equipment to Dispatch Room in new Facility SUB TOTAL $7,200.00 Salesperson: Andy Bellendir Customer Signature: Customer P.O. # & Date: Your signature indicates that Wireless Advanced Communications has your approval to order the equipment/services listed above. Email: Page 1 of 4 Fax (970) 330-3632 September 4, 2018 WAC InternalCustomer Name: Contact: Address: City, State Zip: Phone Number: Fax Number: (800) 456-0247 Location: 3901 West Service Rd. Evans, CO 80620 Page 93 of 461 SALES QUOTE Confidential and Proprietary Prices Valid for 30 Days from Quotation Date Englewood PD Dispatch Project Wes Chisnall Item Qty Model Description Unit Extended Equipment Installation Back Room Equipment 60 Technical Labor Three Person Team to Install the following items into the Level 2 Data $120.00 $7,200.00 Center in the new Police Department Facility. 1. Control Station Combiner 2. Duplexer for Control Station Combiner 3. One (1) Harris Consolette Control Station 4. One (1) XTL 5000 Consolette Control Station 5. Two (2) APX Consolette Control Stations 6. One (1) UHF Siren Control Base Station 7. One (1) DC Power Supply 8. One (1) Proxy Server 9. One (1) Fire Wall for Proxy Server 10. One (1) Switch for Proxy Server 11. One (1) Local Monitor for Proxy Server 12. One (1) Aux I/O Server to includes interfacing of output contact closures to door controls and other building access points controlled by Dispatch. Also includes intrerfacing of inputs such Panic Buttons, Annuciator Alarms and other Status Inputs. 13. One (1) Site Controller 14. One (1) Site Router 15. One (1) Patch Panel 16. One (1) TX Control Station Combiner 17. 800 MHZ Duplexer 18. Net Clock Receiver 19. Three (3) 19" Equipment Racks to include Ground Bars and and Power Distribution Blocks. 20. Installation of three (3) #2 Grounding Cable Runs from each Equipment Rack to the Master Ground Bar that is being provided by the customer. 21. R-56 Grounding of all Components listed above 22. Interfacing of CCGWs to Conventional Resources that are listed above 23. Interfacing of Back Room Equipment to Operator Postions via Customer Provided Lan Cabling and Patch Panels Located in Dispatch Area and Level 2 Data Center SUB TOTAL $14,400.00 Salesperson: Andy Bellendir Customer Signature: Customer P.O. # & Date: Your signature indicates that Wireless Advanced Communications has your approval to order the equipment/services listed above. Email: Page 2 of 4 Fax (970) 330-3632 September 4, 2018 WAC InternalCustomer Name: Contact: Address: City, State Zip: Phone Number: Fax Number: (800) 456-0247 Location: 3901 West Service Rd. Evans, CO 80620 Page 94 of 461 SALES QUOTE Confidential and Proprietary Prices Valid for 30 Days from Quotation Date Englewood PD Dispatch Project Wes Chisnall Item Qty Model Description Unit Extended Parts 1 DBLDDB633-C 450-482 MHZ 3 db Fiberglass Antenna $797.34 $797.34 1 MXRMFBW7463 746-869 MHZ 3 db Fiberglass Omni Directional Antenna $247.27 $247.27 100 ANDLDF4-50A 1/2" Corrugated Copper Foam Heliax 50 Ohm Coaxial Cable/ Black $2.86 $286.00 Jacket 4 ANDSG12-12B2U 1/2" Corrugated/Smoothwall Coax Snap-on Ground Kit, 4' Lead $31.54 $126.16 2 ANDL4TNF-PSA Positive Stop N-Female for LDF4-50A $20.87 $41.74 1 POLVUF50NHP-MA 500 KHZ-1.0GHZ DC Block High Power Coaxial Cable Surge $220.30 $220.30 Arrestor 30 ANDFSJ4-50B 1/2" Superflex Coaxial Cable $3.11 $93.30 2 ANDF4PNMV2-HC N-Male Connector for 1/2 Superflex Cabe $23.35 $46.70 30 TIMLMR-400/1 3/8" Braided Coaxial Cable $0.99 $29.70 2 TIMEZ-400-NMH-4 N-Male Connector for LMR-400 Coaxial Cable $11.52 $23.04 1 Misc. Hardware Stainless Steal Fasters, Lugs, Crimps, Anchors and Tywraps $333.34 $333.34 Equipment Installation Dispatch Area to include the following Items: 80 Technical Labor Installation of four (4) MCC7500 VPM based operator $120.00 $9,600.00 positions including VPM, CPU, 2 Speakers, 2 Headset Jacks, Footswitch, Gooseneck Microphones, Monitors and Type 3 VSSD. 12 Technical Labor Inteface Operator Postions to Back Room Equipment via customer $120.00 $1,440.00 provided Lan Cabling and Patch Panels located in the Dispatch Area and the Level 2 Data Center 12 Techncial Labor MCC 7500 Interfacing to E-911 Telco Systems for Sigle Headset $120.00 $1,440.00 Operation SUB TOTAL $29,124.89 Salesperson: Andy Bellendir Customer Signature: Customer P.O. # & Date: Your signature indicates that Wireless Advanced Communications has your approval to order the equipment/services listed above. Email: Page 3 of 4 Fax (970) 330-3632 September 4, 2018 WAC InternalCustomer Name: Contact: Address: City, State Zip: Phone Number: Fax Number: (800) 456-0247 Location: 3901 West Service Rd. Evans, CO 80620 Page 95 of 461 SALES QUOTE Confidential and Proprietary Prices Valid for 30 Days from Quotation Date Englewood PD Dispatch Project Wes Chisnall Item Qty Model Description Unit Extended 4 Technical Labor Installation of Master Ground Bar under the Raised Flooring in the $120.00 $480.00 Dispatch Area and Tie Ground Bar to Earth Ground provided by the Customer. 12 Technical Labor Installation of Sub-System Ground Bars in each of the four Operator $120.00 $1,440.00 Postions. Bond a #2 Green Stranded Wire to each of these Sub-System Ground Bars, run and Bond this wire to the Master Ground Bar in the Dispatch Area. 12 Technical Labor R-56 Bonding of all Operator Postion Componentas to the Sub-System $120.00 $1,440.00 Ground Bars in each of the Operator Postions. Parts 4 ANDUGKIT-0412-T 1/4" X 4" X 12" Universal T Ground Buss Bar 4 X 13 Holes $69.80 $279.20 1 INFNO-OX Dielectric Grease Anti-Oxidant Corrosion Preventative $11.00 $11.00 150 MT-586-G #6 AWG THHN Green Jacket Standed (Ground Wire)$1.15 $172.50 250 INFMT-584-G #2 AWG THHN Green Jacket Standed (Ground Wire)$1.91 $477.50 24 1NF62-38U-1 #6 AWG Lug 3/8" Holes Universal Spacing $2.31 $55.44 24 INF22-38U #2 AWG Log 3/8" Holes Universal Spacing $2.26 $54.24 1 0-CT8677 Roll of CAT 6 Plenum Cable $324.87 $324.87 4 Technical Labor Removal and re-install of Siren Controller $120.00 $480.00 1 MISC Miscellaneous installation hardware $100.00 $100.00 SUB TOTAL $34,439.64 Salesperson: Andy Bellendir Sales Tax Installation Programming Customer Signature: Shipping Customer P.O. # & Date: GRAND TOTAL $34,439.64 Your signature indicates that Wireless Advanced Communications has your approval to order the equipment/services listed above. Email: Page 4 of 4 Fax (970) 330-3632 September 4, 2018 WAC InternalCustomer Name: Contact: Address: City, State Zip: Phone Number: Fax Number: (800) 456-0247 Location: 3901 West Service Rd. Evans, CO 80620 Page 96 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Larry Nimmo DEPARTMENT: Public Works DATE: November 5, 2018 SUBJECT: Award Contract to Security Central for Security System at the Englewood Police Department Head Quarters (EPD HQ) DESCRIPTION: Award Contract to Security Central for Security System at the Englewood Police Department Head Quarters (EPD HQ) RECOMMENDATION: Staff recommends that Council award, by motion, a contract to Security Central Inc. in the amount of $ 168,602.21 to furnish and install a hosted keyless entry system, card readers, and burglar alarm systems for specific areas. PREVIOUS COUNCIL ACTION: Council approved an ordinance setting forth the ballot language and submitting to a vote of the registered electors a General Obligation Bond (GOB) for the construction of a new Englewood Police Department Headquarters. Ballot issue 2C was passed by the voters on November 8, 2016. Council approved Ordinance No. 30, Series 2017 approving the issuance of General Obligation Bonds on May 4, 2017. Staff provided project updates at several study sessions in 2017 and 2018 that informed Council of this purchase. SUMMARY: As Security Central is the current security provider to the City of Englewood including the existing Police Department Headquarters, this contract extends and expands service to the new EPD HQ. The installation of enhanced security for individual offices with hosted keys, continuation of access to specific larger spaces with entry panels and readers, and the installation of a burglar alarm system for specific areas of the building, focused specifically on the property and evidence areas. Upon completion and commissioning of the system, it will then be turned over to the City of Englewood Facilities and Operations Division of Public Works and the Englewood Police Department for any additional programming changes or updates. ANALYSIS: Security Central is the current security provider to the City of Englewood, providing systems at Civic Center, Recreation Center, Malley Senior Center, Service Center and the current Police Department Headquarters. This contract provides the new EPD HQ enhanced security for individual offices and specific larger spaces by furnishing and installing a hosted keyless entry system to include all keyless entry panels, readers, and devices to exclude locking hardware. Security Central will also be installing a burglar alarm system for specific areas of the building, Page 97 of 461 focused specifically on the property and evidence areas. Security Central will perform the programming and set up required for a fully functional system, which will then be turned over to the City of Englewood Facilities and Operations Division of Public Works and the Englewood Police Department for any additional programming changes. FINANCIAL IMPLICATIONS: The Security Central system was included in the original IT/AV budget; therefore, the $168,602.21 will be deducted from the balance of 34 -1101 003 Police Building Construction account, task Technology and Equipment, on the sub-task of 33 - Security Systems with the original budget of $136,701.00 and a reallocation of $125,000.00 for a total budget of $261,703.00. Project # Task Description Project Total Vendor Original Budget Reallocations Current Budget 34 1101 003 Technology and Equipment 32 — IT/AV Systems & Equipment $ 269,275.00 $ 205,000.00 $474,275.00 NNSI Contract $ (155,233.00) 34 1101 003 Technology and Equipment 33 — Security Systems $ 136,703.00 $ 125,000.00 $261,703.00 Presidio $ (87,719.88) Security Central $(168,602.21) 34 1101 003 Technology and Equipment 36 — IT Network Equipment / UPS $ - $ 100,000.00 $100,000.00 34 1101 003 Technology and Equipment 37 — Interview Rooms $- $ 83,670.00 $ 83,670.00 003 Total Technology and Equipment Total Funding $405,978.00 $513,670.00 $ 919,648.00 Less: Awarded Contracts $ (411,555.09) Remaining Funding $ 508,092.91 ALTERNATIVES: As Security Central Inc. is the current provider for the City's security system, and staff is very satisfied with their work and system, no other vendors were considered. ATTACHMENTS: Page 98 of 461 Contract Approval Summary CFS 18-42 Contract and Statement of Work Budget Page Certificate of Liability Insurance Page 99 of 461 Contract Approval Summary V10/25/2017 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: CFS/18-42 Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Larry Nimmo Phone: 303-762-2504 Title: Right of Way Services Manager Email: lnimmo@englewoodco.gov Vendor Contact Information Vendor Name: Security Central Vendor Contact: Mike Carvill Vendor Address: 7100 S Clinton St Vendor Phone: 303.721.0111 City: Centennial Vendor Email: mikec@securitycentralinc.com State: CO Zip Code:80112 Contract Type Contract Type:Contractural Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: 1/1/2019 End Date: 1/31/2019 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $ 168,602.21 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): All payments to Consultant are contingent on Consultant’s satisfying the Deliverables/Milestones set forth in the Statement of Work. Payments shall be made upon City’s written confirmation to Consultant that the Deliverables/Milestones have been satisfied. Attachments: ☐Copy of original Contract if this is an amendment Security Central will be furnishing and installing a hosted keyless entry system to include all keyless entry panels, readers, and devices to exclude locking hardware. Security Central will also be installing a burglar alarm system for specific areas of the building, mainly the property and evidence area. Security Central will perform all programming and set up with information provided by the City of Englewood Facilities and Operations Division of Public Works and the Englewood Police Department. Page 100 of 461 Contract Approval Summary V10/25/2017 Page | 2 ☐Copies of related Contracts/Conveyances/Documents Source of funds: Budgeted Funds: $ 168,602.21 Line Item Description: Technology and Equipment Line Item Total Funding: $261,703.00 Portion of Line Item spent to date: $0 Funding Source: Fund: 34 Division Code: 1101 Note (if needed): Attachments: ☐Copy of budget page from current budget book if contract value $25,000 or over or requires Council approval. (Budget included in Council Communication) 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 Security Central is currently the vendor for security systems at Civic Center, the ServiCenter, Recreation Center, Pirates Cove and the current EPD Headquarters. This contract is installation of new equipment at the Englewood Police Building Head Quarters. This proposal does not include monitoring services. Page 101 of 461 Page 102 of 461 a/As U?m .233 >.1mm.. 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G F4 care@securitycentralinc.oom ‘-303-721-0111 1303-7215490Fax www.SecuritvCentralInc.com °710°5-Clinton St #200 (9 Project Proposal Proposal #:11492-1 -0 (9 Project Title: v8 Access Control System Installation (9 Prepared For: CIO CBRE:Donovan Nolan City of Englewood Police Department,3615 S Elati St. Englewood,CO 80110 donovan.noIan@cbre.com (970)471-9478 ® Proposal Date: 10/24/2018 (9 Proposal By: Mike Carvill C.A.R.E.Consultant MikeC@SecurityCentralinc.com 303-931-2315 9&3-*"©”*§’§. -yin Vldou Iauhwhu usaal lnvrIn-uni-n n-nu-mo 5-vim Ellllr?ncy Page 1 of 10 Page 111 of 461 SIGIIBITY Gllfllln www.SecurityCentra1Inc.com (9 Introduction Thank you for the opportunity to submit the attached proposal.At Security Central.we take the safety and security of our clients very seriously.Therefore,we listen carefully to the individual concerns and needs of each client so that we can recommend customized solutions to meet those needs. We have prepared the attached proposal in response to the information you have provided to us.The proposal represents our professional recommendations based on our understanding of your security objectives.desires.and budget.However, if you would like us to modify the scope or design of the recommendations in any way,we would be happy to provide a revised proposal. We recognize that you are entrusting us with the things that matter most to you.Therefore.we pledge to do all we can to C.A.R.E.for your personal safety and peace of mind. Sincerely, Mike Carvill (9 About Me °Mike Carvill C.A.R.E.Consultant Mike’s seven years as a police of?cer and S.W.A.T.team member have given him a perspective on safety and security that is priceless.While Mike loved helping people as a police of?cer.he ultimately realized he could serve people more effectively by helping them avoid becoming a victim of crime rather than collecting evidence after a tragic incident.Therefore,Mike is passionate about helping people assess and address their security and safety risks at their businesses or homes so they never have to be the subject of another crime report. care@SecurityCentrallnccom 13034721-0111 1303~721-6490Fax 17100 s.Clinton St.#200 |Centennial.co 50112 We C_A_R_E_Page 2 of 10 Page 112 of 461 ®Project Details scopesummary system scope summary This is a proposal for the new safety senricee center access control system.This proposals Includes -installationof card readers,access control panels,power supplies.and associated equipment. -Programming of access control system -Programming of interlockingfor detectionlsaliy port areas -Connectionto Motorolasystem relays (PROVIDED BYOTHER) -Access controlhybridcable (1000‘spools.wire Installedby other) -Making wire connections to all equipment Exclusions: -110»! -Running wiring from panel location to above doors -Door hardware and installation -conduit.back boxes.wiring pathsfrboxes around doors should be providedaccording to specs. Note:A separate proposal for the on-going monthly services will be prepared and sent to the City of Englewcod Fecllltles Department. Qty Description Location p 6 Pro32OOAccess Controllerwl Cabinet 8.Pwrsuppiy )46 DualRcederBoard p 1 Alpncne Base Station Evidence 5 63 ProxPro Reader wl Keypad for Card ANDCode D 3 Mmlefli?ry Release Button Installed in records.for release cl stairwelland elevator('l’BD -need elevator contract p 95 Doorcomaotslvltch Doarsiatuscontect p 3 Mountcard readers and connect overhead doorcontrollers. p 21 Mountcard readers and connect eiectritled door hardware to "e Inlout‘doors. care?seeuritycentrailnccom |3oc+721o111 |3oo721—549o Fax |71oo 5.ClintonSt.1200 |Centennial.co mm W.c.A.R.E.Page 3 0110 Page 113 of 461 Other Items for:Keyless Entry my Ducrlptlon p 1.00 Access System Permit,Submmal,&lnspecdtlon p 1.1 10%Contingency Equipment subToh|:‘$69,952.79 Labor SubTotal:$65,371.91 Other Items SubToIn|:$30,077.68 Knylou Entry 8ub‘|’ohl:8105.402.” cara@seaurnycentraunc.com]303-721-0111 |am-721-6490 Fax |7100 s.Clinton St.#200 |Centennial.co 50112 W‘c.A_R_E_Page 4 of 10 Page 114 of 461 SIGIIIITY GIITIIL wwwsecuritycentrallncmm 0 Intrusion ii $3,199.83 System Scope Summary This proposal IS for the new safety services center security system.This proposal includes installation of a Honeywell Vista 128BFT alarm system for coverage on select high-security areas in the building. Exclusions: -110v -Running wiring to device locations and conduit Note:A separate proposal for the on-going monthly services willbe prepared and sent to the City of Englewood Facilities Department Qty Description Location Honeywell Vista 128BPT Alarm Control Panel51 1 p 2 Tri-Tech 360 Motion Detector 2 2 FLlii.LGD‘l3f.liXIY 5 Commercial Door Contact -Grey Other items for:Security Intrusion Qty Description F 100 City of Englewood Sales.Use and Arapahue County Open Space Tax EqulpmentsubTotaI:$1,163.51 Labor SubTotal:$1892.69 other items SuhTotaI:$43.63 Security intrusion Sub'l'otal:$3,199.83 A Other Information -Additional detection coverage and protective services are available for an additional fee. -All equipment installed by Security Central is warranted for one year unless extended warranty/maintenance services are purchased.Company provides no warranty of existing equipment. -Installation of conduit,high-voltage electrical connections,and phone/internet services are EXCLUDED from this proposal unless specifically noted in scope of work. -Customer must provide unobstructed access to system areas for installation and servicing of devices.Customermust dedicate adequate personnel and equipment resources to ensure that all furniture.merchandise,and equipment are moved away from system device locations.Additional trip charges and labor charges may apply ifdevice areas are not accessible at scheduled time. -System uses a web-based software platform.Therefore,Customer must supply internet connection with available static |.P.address(es)for system equipment.Customer is responsible for all computer network hardware and programming to enable remote web-based connection to system equipment. -A fire alarm interface is required when magnetic locks are used.Equipment and labor for such interface is EXCLUDED from this proposal unless Security Central monitors and maintains your fire alarm system.Customer must contact your ?re system servicing company for installation and programming of required fire alarm interface. -The web-hosted communication software requires a Public Static IP.address for each access control panel.Customer must furnish the required l.P.addresses.If Customer does not have available Public Static IP.address,Security Central can provide l.P.Address Hosting service for $10.00/month per control panel. care@SecurityCentrallnc.com |303421-0111 |303-721-6490 Fax 17100 s.Clinton St.#200 l Centennial,Co 901 12 We C_A_R_E_Page 5 of 10 Page 115 of 461 ®Services Agreement This Agreement is dated between Security Central.inc.(the “Company')and you (the 'Customef').This Agreement covers the system listed on the attached "Proposal"or ‘Purchase order‘or any system the Company takes over from another company (the ‘System')and any senrloes requested below for the following location.The Company has written this Agreement In simple,easy-to-read language because it wants the Customer to understand R.Please feel free to ask anyquestions. s i Locatl :Bllll Locatl :"'°"°“'”°‘"“"“’‘N ca on "9 0"Proposal Data:10 I 24 /2018 City of Englewood Cityof Englewood Police Depertrnent.3615 S ElatlSt.1000 Englewood Pkwy Engiewood.CO 80110 Engiewood.CO donovan.nolan@cbre.com ThisAgreement is a legal document and is necessary because we livein a legal society.But we believe In being as simple,open.and honest as possible.Therefore.we would like to provide a brief summary of some of the Important issues addressed in the followingpages. 1.You are choosing to purchase the security products and services listed below to help reduce your risks in a dangerous world.You agree to subscribe to our services for the lull initialterm of the agreement;and we have based our pricing on your promise to do so. 2.Your System(s)is one minor part of your total risk management program.Therefore.your expectation ol our liability needs to be equally small.You can purchase more security such as armed guards and additional insurance If you feel your situation warrants more protection. 3.You pay your insurance company to Insure you against losses such as theft.lire.tlood.etc But your insurance company or others may try to sue us for damages or losses at your property.You agree to stop them from doing so. °Services Purchased I Keyless Entry -$0.00 I mo. I Security Intrusion -$0.00 I mo. 'includes City of Englewood Sales.Use and Arapahoe County Open Space Tax. care@$ecurity0entraiinc.com |303-721~0111|303-721-6490 Fax |7100 S.Clinton St.#200 |Centennial.CO 80112 CA RE.P3935 °f 10 Page 116 of 461 SIEIIIITY Gllfllln www.SecurityCentra]Inc.com G)Services Details Installation/Purchase.The Company agrees to sell the System and the Customer agrees to pay for it.The Company will own the System until the Customer does so.After that.the Customer will own the System except for the transmitting so?ware,vvhiohcontains the Company's proprietary data and which the Company will always own. The Company agrees to install the System and the Customer agrees to pay the installation charge.The Company assumes no responsibility for any delay in installation.The Customer must pay all utility charges.The Customer must notify the Company in writing of any problems within 30 days after the installation.The Customer must pay for any additions or changes to the System beyond those shown on the Proposal. care@SecurttyCentrallnc.com |303-721-0111 |30342145490 Fax 17100 s.Clinton st.#200 ICentennial.00 am 12 We C_A_R_E_Page 7 ot 1o Page 117 of 461 SIEUIITY IEIITIIL wwwSecu.rityCentraIIni:.com (9 Terms &Conditions 1.LIMITATION OF THE COMPANY'S LIABILITY.IF THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS NEGLIGENCE.GROSS NEGLIGENCE(TO THE EXTENT PERMITTED BY INDIVIDUALSTATE LAW).OR THE FAILURE TO PERFORM ITS OBLIGATIONS IN THIS AGREEMENT.INCLUDINGINSTALLING.MONITORING.REPAIRING OR TAKING OVER THE SYSTEM.IN ANY RESPECT AT ALL.THE COMPANY'S MAXIMUMLIABILITYWILLBE THE GREATER OF $1.000 OR SIX(6)MONTHSOF MONITORINGSERVICE FEES PAID.THE COMPANY WILLASSUME A GREATER LIABILITY.BUT ONLY FOR AN ADDITIONAL CHARGE TO BE AGREED UPON BY THE CUSTOMERAND THE COMPANY.IF THE COMPANY DOES S0.A RIDERWILLBE ATTACHEDTO THIS AGREEMENT.THE COMPANY EXPRESSELY DENIES ALL LIABILITYFOR ANY OTHER LOSS OR DAMAGEWHICHMAY OCCUR PRIOR TO.AT OR AFTER SIGNINGTHIS AGREEMENT.THIS INCLUDESLIABILITYBASED ON CONTRACT.TORT.NEGLIGENCE.WARRANTY(INCLUDING MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE)AND ANY OTHER THEORY OF LIABILITY.THIS EXCLUSIONSPECIFICALLYCOVERS LIABILITY FOR:LOST PROFITS;LOST OR DAMAGEDPROPERTY;LOSS OF USE OF PROPERTY OR THE PREMISES;GOVERNMENTAL FINES AND CHARGES;AND THE CLAIMS OF THIRD PARTIES.ALSO COVERED BY THIS EXCLUSIONARE THE FOLLOWINGTYPES OF DAMAGES: DIRECT.INDIRECT.SPECIAL.INCIDENTAL.CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT.BUT DO NOT DIRECTLYRELATE TO THE ACT)AND PUNITIVE(DAMAGES USED TO MAKEAN EXAMPLE OF SOMEONE). THE CUSTOMER ACKNOWLEGES THAT.FOR AN ADDITIONALFEE.THE CUSTOMER MAY OBTAINADDITIONALPROTECTION FOR THE PREMISES.INCLUDINGALTERNATEALARM COMMUNICATIONMETHODS. 2.insurance.The Customer understands that THE COMPANY is NOT AN INSURER.The Customer is responsible for obtaining all insurance the Customer thinks is necessary.including coverage for personal injury and property damage.The payments the Customer makes under this Agreement are not related to the value of the Premises or the Customers possessions.but rather are based on the cost of the System and the Company's services. The customer releases the Company from any liability for any event or condition covered by the Customers insurance.in case of any third party claim or Loss covered by the Customers Insurance.the Customer agrees not to look to the Company or the Company's related parties for reimbursement.The Customer waives any rights that the Customers insurance carrier or others claiming through the Customer may have against the Company or the Company's related parties. The Customer understands that the System is designed to reduce.but not eliminate.certain risks.The Company does not guaranty that the System will prevent personal injury.unauthorized entrances or ?re and smoke damage to the Premises.The Company assumes no liabilityfor those risks, 3.Limited Warranty.(a)For 12 months from the date oi this Agreement.or as long as Extended WarrantyIRepalr services are purchased.the Company warrants that it any part of the System installed by the Company does not work because of a defect or because of ordinary wear and tear.the Company will repair or replace that part at no charge to the Customer.The Company may use reconditioned parts in making repairs.but the companywarrants the replacement parts only for the remainder of the warranty period. This limited warranty does not cover batteries in wireless devices or existing system components.nor does it apply it the System has been damaged by acts beyond the Company's control.Such ans include accidents.power surges.misuse.lack of proper maintenance.unauthorized changes or acts of God (including lightning.tires.earthquakes.tornadoes.hurricanes.?oods,etc). The Customer must notify the Company oi any problem the Customer claims the Company's limited warranty covers within the warranty period.The Company will repair the problem as soon as it reasonably can alter it receives the Customer's notice. (b)This limited warranty is the only warranty the Company makes.is made only if the Company installed the System.and takes the place of all other warranties whether express or implied.NO EXPRESS ORIMPLIEDWARRANTIESEXTENDBEYONDTHEFACE OFTHIS AGREEMENT.THE COMPANY MAKES NO IMPLIEDWARRANTYOF MERCHANTABILITYOR FITNESS FOR A PARTICULARPURPOSE. The Company does not promise that the System or the services cannot be compromised or that they will always provide the Intended signaling. monitorlnor other service.it a court decides the Company has given the Customer any implied warranty,it will extend only for the length of the limited warranty period. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages.so the above limitation or exclusion may not apply to the Customer.This limited warranty gives the Customer speci?c legal rights.The Customer may also have other legal rights that vary from state to state. 4.Customer's Protection 01‘company. The Customer's duty to protect/indemnify the Company.however.does not apply to claims based on injuries to third parties or to their property that occurred while the Cornpany’s employees were on the Premises and which were caused solely and directly by those employees. in case of any third party claim or loss covered by the Customers insurance.the Customer agrees not to look to the Company or the Company's related parties for reimbursement.The Customer waives any rights that the Customers insurance carrier or others claiming through the Customer may have against the Company orthe Company's related parties. care@SecurltyCentrallnc.com |303-721-0111 |303-721-6490 Fax |7100 S.Clinton St.#200 ICentennial.CO 80112 we c_A_R.E.Page 8 of 10 Page 118 of 461 SIGIIIHY IIIITIIL www.SecurityOentrai1nc.i:om ®Terms &Conditions 5.The Customer's Agreements.The Customer has the authority to sign this Agreement and in doing so will not violate any omeragreement. The Customer is not aware of any hazardous conditions on the Premises. The Customer agrees to prevent false alarms and assume responsibility for them.If the Company noti?es the Customer of a maiiunc?on.the Customer will disconnect the System until the Company can repair it.In the event that the Customer is unwillingor unable to disconnect the System to prevent excessive signals from being transmitted to the Company.the Company will have the right to charge the Customer $1.00 per signal received In excess of 20 signals within a 24-hourperiod. The Customer will not tamper or interfere with the System,nor pennit others to do so.The Customer agrees that the Company can record and use all communications with the Customerer andlor the Customers representatives in the nonnal course of the Companys business. The Customer will test the System at least once a month.as well as when changes are made to its communication services or the Premises.The Customer will immediately notify the Company of any problems with the System.The Customer agrees that the Company can make program changes to the Company's proprietary data located in the transmitting device. The customer will pay the Company its than-current charges for doing any work not covered by this Agreement.including paying the Company's minimum service charge if the Company cannot enter the Premises at the scheduled time.The Customers obligationscontinue even if the Customer salts or leaves the Premises. 8.The Customer‘:Default.If the Customer fails to periorrn its obligations.the Company will give the Customer written notice of default.if the Customer does not fix the default within 30 days.the Company can end this Agreement.If the Company ends this Agreement.the Customer must pay the Company:(a)all amounts then due;(in)90%of the amount due the Company for the remainder of this Agreement (as an agreed-upon amount of damages and not as a penalty):and (c)the Company's reasonable collection costs.including attomeys'fees. If this Agreement is ended.the Company does not have to provide any service.including monitoring.after that date.In addition.the Company can peacefully enter the Premises and remove its equipment.if the Company waives any default by the Customer.that does not mean the Company waives later defaults.Any waiver by the Company must be in writing. The Customer grants the Company a security interest in any property the Company installs on the Premises in order to secure payment of the purchase price or performance under the lease.The Customer must return such property it it does not fully pay for it.lithe Customer does not return such property.the Company will ask a court to force the Customer to do so.The Company has the rights of a secured party under the Unifonn Commercial Code. 7.System Charges.The Customer agrees to obtain all licenses and pay all taxes.?nes and other assessments.including sales taxes.The Company's fees are based upon existing taxes and charges.and the Company can increase the Company's fees to reflect changes in these taxes or charges. After the initialTenn of this Agreement.the Company can increase the Company’s fees by a cumulative annual amount of up to 8%.in addition to any increases due to taxes or charges. 8.Transfers.The Customer cannot transfer this Agreement without the Company's consent.However.the Company can transfer this Agreement or subcontract its obligations without the Customer's consent.if the Company does so.anyone to whom the Company transfers or subcontracts its obligations will have all of the Company's rights.The Company is not responsible,however.for any work.including monitoring.which is done negligently by any third party. 9.Notices;Limitation on Lawsuits;Jury Trial.Unless othsrvvise indicated.all notices must be in writing.The Customer or the Company may end any portion of this Agreement by notifying the other party at least 30 days prior to the end of the then-current tenn.it is critical that the Customer give any tennination notice in a timely manner. The Customer must bring any claim against the Company within 1 year after the claim arose.if the Customer does not,the Customer has no right to sue the Company and the Company has no liability to the Customer for that claim.It is critical that the Customer bring any claim in a timely manner. The provisions oi‘this Agreement which apply to any claim remain in effect even after this Agreement ends.THE COMPANYAND THE CUSTOMER BOTH GIVE UP THEIR RIGHT TO A JURY TRIAL. 10.Miscellaneous This Agreement contains the entire understanding between the Customer and the Company and replaces any other documents or discussions the Company previously had with the Customer.This Agreement is not binding on the Company until the Company or its authorized agent signs it or begins installation or service.This Agreement is governed by Colorado law.Electronic signatures are binding on the parties. if the Company does not approve this Agreement.the company's only obligation is to refund any payments the Customer has made.Any equipment or services the Company provides to the Customer In the future are subject to the terms of this Agreement.as so amended.This Agreement cannot be changed except by a writing that both the Customer and the Company sign. If any provision of this Agreement is found to be Invalid,the remaining provisions are still effective.The word “including”means ‘including without limitation."Except for monitoring.the Company will only do work during the Company's normal business hours of 8:00 a.m.to 5:00 pm.on weekdays.excluding holidays the Company observes.All schedules and attachments are apart of this Agreement. care@SecurityCentraiinc.com |303721-0111 |303-721-5490 Fax 17100 s.Clinton St.#200 i Centennial.co 80112 W.C_A_R_E_Page 9 of 10 Page 119 of 461 SIEIIIITY IIIITIIL wwwsecuritycerttrallnccom (9 Customer Acceptance #11492-1-0 v8 Access Control System Installation °EFT Payment Authorization As duly authorized signer on the ?nancial institution account identi?ed below,I authorize Security Central.Inc.to perform scheduled electronicfunds transfer debits and/or credits from my account identi?ed below for payments due in advance:U MonthlyI:I Quarterly U Annually Bank Account #I CC it Exp Date:CSV Code: Bank Name and Routing Number (or attach voided check) °Monitoring Noti?cation List For monitoring service customers.please complete the Noti?cation list below.This noti?cation list is the instructions we willfollowwhen we receive an alarm signal from your location.Please provide at least two contact people with all available contact Information and password.Contact us it you need assistance completing the Noti?cation List. Name Hmlwklcell Phone #Email Password THE CUSTOMER ACKNOWLEDGES THAT IT HAS RECEIVED A COPY OF THIS AGREEMENT AND ALL ITS ATTACHMENTS.THE CUSTOMER ACKNOWLEDGESTHAT IT HAS READAND UNDERSTOODTHIS AGREEMENT. ESPECIALLYTHOSESECTIONSABOVE RELATINGTOITSPROTECTIONOFTHECOMPANYANDTHECOMPANY'S LIMITEDLIABILITYAND WARRANTY. (CONSUMER TRANSACTIONS ONLY)YOU MAYCANCELTHISTRANSACTIONATANY TIMEPRIOR TO MIDNIGHT OFTHE THIRDBUSINESS DAY AFTER THE DATE OF THISTRANSACTION.PLEASE SEE THE ATTACHED NOTICE OF CANCELLATIONFORM FOR AN EXPLANATIONOF THIS RIGHT,IF APPLICABLE. CITY OF ENGLEWOOD SECURITY CENTRAL,INC. Mike Carvill Customer Printed Name Title Security Central Representative Customer Authorized Signature Date care@Secun'entrallnc.com 303-721-0111 303-721-6490 Fax 7100S.Cllnton St.#200 Centennial.CO 30112 Pageto of 10IIIIG.... Page 120 of 461 Project Summary ReportEnglewood Police HQGenerated Oct 11, 2018 by budget4cast.comBudget Code Original Budget Reallocations Current Budget Committed Costs Non-ForecastedInvoicesApprovedChangesRequestedChangesUncommitted CostsABA+BC D E F GProject Total 26,946,549 53,451 27,000,000 24,919,287 518 574,209 15,450 344,050Soft Costs 3,044,300 172,153 3,216,453 2,940,589 518 92,426 15,450000 — Owner Costs 573,143 196,586 769,729 602,140 51800 001 — Planning and Permitting Fees 78,666078,666 24,011000 002 — Tap & Utility Fees 50,000 97,045 147,045 147,045000 003 — City Use Tax 394,767 (459) 394,308 394,308000 004 — Owner/Relocation Costs 49,710049,710 36,777 51800 005 — Dispatch Relocation Costs0100,000 100,00000 0 0 010 — Design/Consulting Fees 2,471,157 (24,432) 2,446,725 2,338,449092,426 15,450011 — Design Team 1,616,039 56,976 1,673,015 1,590,970082,0450012 — Surveying 20,200 (20,200)00000 013 — Geotechnical 10,000010,000 7,90001,7000014 — Environmental Consulting/Testing016,988 16,988 8,30808,6810015 — Commissioning045,325 45,325 45,325000 016 — Project Management 564,3750564,375 564,375000 017 — Misc Consulting Fees 60,000 8,803 68,803 53,3530015,450018 — Material Testing/Inspections 200,543 (132,325) 68,218 68,218000 0Hard Costs 22,335,298 889,598 23,224,896 21,978,6980481,7830344,05020 — Construction Costs 21,054,250 457,288 21,511,538 21,029,7550481,7830021 — A&P Construction GMP 21,054,250 457,288 21,511,538 21,029,7550481,7830030 — Furniture, Fixtures, & Equipment 1,281,048 432,310 1,713,358 948,943000344,05031 — Furniture 845,070 (111,308) 733,762 733,762000 032 — IT/AV Systems & Equipment 269,275 205,000 474,275 155,233000 033 — Security Systems 136,703 125,000 261,70300 0 0245,68034 — Interior Signage 30,000 (30,000)00000 035 — Gym Equipment059,948 59,948 59,948000 036 — IT Network Equipment / UPS0100,000 100,00000 0 014,70037 — Interview Rooms083,670 83,67000 0 083,670Contingency 1,566,951 (1,008,300) 558,65100 0 0 0 Page 121 of 461 10/24/2018 Landmark Insurance Group, LLC 6501 E. Belleview Ave. Suite 550 Englewood CO 80111 Danielle Schmeling (720) 403-9450 (720) 403-9451 dschmeling@landmarkinsgroup.com Security Central, Inc. 7100 South Clinton St., #200 Centennial CO 80112 Philadelphia Ins / Member of Tokio Marine Group A++ Pinnacol Assurance 41190 CL17122004413 A PHPK1762034 01/01/2018 01/01/2019 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 A PHPK1762034 01/01/2018 01/01/2019 1,000,000 A 10,000 PHUB614116 01/01/2018 01/01/2019 4,000,000 4,000,000 B Y 4051658 01/01/2018 01/01/2019 1,000,000 1,000,000 1,000,000 A ERRORS & OMISSIONS PHPK1762034 01/01/2018 01/01/2019 COVERAGE INCLUDED City of Englewood 3615 Elati Street Englewood CO 80110 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Page 122 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Larry Nimmo DEPARTMENT: Public Works DATE: November 5, 2018 SUBJECT: Award Contract to Presidio Networked Solutions, LLC. for Surveillance Cameras at the Englewood Police Department Head Quarters (EPD HQ). DESCRIPTION: Award Contract to Presidio Networked Solutions, LLC. for Surveillance Cameras at the Englewood Police Department Head Quarters (EPD HQ). RECOMMENDATION: Staff recommends that council approve, by motion, a contract to Presidio Networked Solutions, LLC. in the amount of $87,719.88 to provide and configure a video management system for surveillance at the new EPD HQ. PREVIOUS COUNCIL ACTION: Council approved an ordinance setting forth the ballot language and submitting to a vote of the registered electors a General Obligation Bond (GOB) for the construction of a new Englewood Police Department Headquarters. Ballot issue 2C was passed by the voters on November 8, 2016. Council approved Ordinance No. 30, Series 2017 approving the issuance of General Obligation Bonds on May 4, 2017. Staff provided project updates at several study sessions in 2017 and 2018 that informed Council of this purchase. SUMMARY: Presidio Networked Solutions, LLC. will provide and configure the Avigilon IP Video Surveillance and Management System for the surveillance of the new EDP HQ. Presidio will be responsible for the installation, configuration and programming of the system as detailed in the Scope of Work. Cabling will be provided, installed and tested independently through Acuity and NNSI, the cabling consultant and contractor. ANALYSIS: The City of Englewood and the Englewood Police Department engaged Presidio to provide planning, design, configuration, procurement, and deployment of an Avigilon IP Video Surveillance solution, currently deployed in most of the City's facilities, for the new EPD HQ building. Presidio met with staff in the development of a conceptual layout plan of the system based on the new building’s layout. Upon completion of the conceptual plan, the plan development process continued with system modifications based on staff comments, through multiple design iterations until the final details and design of the system and services to be provided by Presidio was fully developed. The fully developed statement of work and drawings Page 123 of 461 provides the City of Englewood a road map for the installation and implementation of the systems engineering, planning, and execution phases of this project. This contract will provide a seamless implementation of the new system and integration with the existing Avigilon system. FINANCIAL IMPLICATIONS: The Presidio system was included in the original IT/AV budget; therefore, the $ 87,719.88 will be deducted from the balance of 34 -1101 003 Police Building Construction account, task Technology and Equipment on the sub-task of 33 - Security Systems with the original budget of $136,701.00 and a reallocation of $ 125,000.00 for a total budget of $ 261,703.00. Project # Task Description Project Total Vendor Original Budget Reallocations Current Budget 34 1101 003 Technology and Equipment 32 — IT/AV Systems & Equipment $ 269,275.00 $ 205,000.00 $474,275.00 NNSI Contract $ (155,233.00) 34 1101 003 Technology and Equipment 33 — Security Systems $ 136,703.00 $ 125,000.00 $261,703.00 Presidio $ (87,719.88) Security Central $(168,602.21) 34 1101 003 Technology and Equipment 36 — IT Network Equipment / UPS $ - $ 100,000.00 $100,000.00 34 1101 003 Technology and Equipment 37 — Interview Rooms $- $ 83,670.00 $ 83,670.00 003 Total Technology and Equipment Total Funding $405,978.00 $513,670.00 $ 919,648.00 Less: Awarded Contracts $ (411,555.09) Remaining Funding $ 508,092.91 ALTERNATIVES: As Presidio Networked Solutions, LLC. is the current provider for the City's video surveillance system, and staff is very satisfied with their work and system, no other vendors were considered. Page 124 of 461 ATTACHMENTS: Contract Approval Summary CFS 18-36 Presidio Contract and Schedule A Avigilon Statment of Work Overall Project Budget Certificate of Insurance Page 125 of 461 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: Larry Nimmo Phone: 303-762-2504 Title: Right of Way Services Manager Email: lnimmo@englewoodco.gov Vendor Contact Information Vendor Name: Presidio Networked Solutions Group Vendor Contact: Doug Fisichella Vendor Address: 1400 16th Street Vendor Phone: 503-594-0377 City: Denver Vendor Email: dfischella@presidio.com State:CO Zip Code:80202 Contract Type Contract Type:Contractural Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☒Exhibit(s) ☒Certificate of Insurance Summary of Terms: Start Date: August 2018 End Date: January 2019 Total Years of Term: .5 Total Amount of Contract for term (or estimated amount if based on item pricing): $ 87,719.88 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Milestone Description Progress Payment 1 Upon P/O Release (Includes all BOM items) $57,739.92 2 Computer Install $9,993.32 3 Camera Install $9,993.32 4 Upon Completion $9,993.32 Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Provide and configure a Video Management System for surveillance of the Police Headquarters building. Page 126 of 461 Contract Approval Summary V10/25/2017 Page | 2 Source of funds: Budgeted Funds: $261,703.00 Line Item Description: Security Systems Line Item Total Funding: $261,703.00 Portion of Line Item spent to date: $0 Funding Source: Fund:34 Division Code:1101 Note (if needed): Attachments: ☒Copy of project budget 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 Presidio/Avigilon is the current provider of surveillance equipment for the City of Englewood. Page 127 of 461 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 CONTRACT FOR SERVICES AGREEMENT NUMBER CFS/18-36 Surveillance System $87,719.88 THIS CONTRACT made and entered into on , 20__ by and between Presidio Networked Solutions Group, LLC, 1400 16th Street, Suite 400, Denver, CO 80202 Name Address City St Zip hereinafter called the CONTRACTOR and the CITY OF ENGLEWOOD, hereinafter called the CITY. WITNESSETH; The parties do hereby contract and agree as follows: 1. The CONTRACTOR shall furnish the CITY the following services: Surveillance System at EPD HQ At the location of: 3615 South Elati Street, Englewood, CO 80110 (if applicable) for a total contract price of: Eighty Seven Thousand Seven Hundred Nineteen Dollars and Eighty-Eight Cents ($ 87,719.88) Dollars 2. The initial term of this contract is for one year. The term of this contract shall begin upon the date that both parties have signed the contract with the work to be completed upon the date set forth in the Statement of Work attached hereto, but at no time shall the contract be longer than a one year period. In the event that the parties desire to extend the contract beyond the one year period, written notice shall be given to the City no later than thirty (30) days prior to the end of the contract by the Contractor. If the City agrees to the request for renewal, the parties shall then enter into an amendment extending this Contract including an amended Statement of Work, if necessary. Any renewal of this contract is subject to approval by the Englewood City Council. 3. The Contractor shall not commence work under this Contract until the insura nce required under Paragraph 20 of the General Terms and Conditions has been acquired and satisfactory proof of such insurance has been submitted to the City. 4. The project or services being provided hereunder shall be supervised or inspected by the Project Manager for the City, or his or her authorized designee. 5. Terms of Payment: 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 the entire and only compensation therefore, such sum or sums of money as may be proper in accordance with the total estimated price or prices set forth in the Contractor’s proposal attached hereto and made a part hereof. Payment shall be made in a lump sum upon DocuSign Envelope ID: 6E5C2E70-62D5-4F74-B4FB-166BCBEB9F99 Page 128 of 461 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 final completion of the project unless other payment terms are agreed to by the parties and set forth in the Statement of W ork attached hereto. 6. This Contract includes Attachment A - General Terms and Conditions as printed and set forth in the following pages, and the Contractor, by executing this Contract, agrees to comply with all such General Terms and Conditions. In addition, to the general terms and conditions,any Exhibits provided by the Contractor, shall be incorporated and made a part of this Contract. All additional documents shall be clearly marked and delineated as an Exhibit. CITY OF ENGLEWOOD By: Date: (Department Director) By: ________________________________ Date: __________________ (City Manager) By: ________________________________ Date: __________________ (Mayor) ATTEST: City Clerk _______________________________ Contractor (print company name) By: _____ Date: (Signature) _______________________________ (Print name and Title) NOTE: Federal Regulations (Code Sections 6041 and 6209) require non -corporate recipients of $600.00 or more to furnish their taxpayer identification number to the payer. The regulations also provide that a penalty may be imposed for failure to furnish th e taxpayer identification number. In order to comply with these regulations, the City requires your federal tax identification number or Social Security Number, whichever is applicable. DocuSign Envelope ID: 6E5C2E70-62D5-4F74-B4FB-166BCBEB9F99 10/18/2018 Presidio Networked Solutions Group, LLC Kim Dukes Director of Sales Operations Page 129 of 461 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 ATTACHMENT A – GENERAL TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS 1. PROPOSAL ACCEPTANCE. Proposals are subject to acceptance by the signing of a contract and issuance of an appropriate purchase order at any time within sixty (60) days after the receipt of quotes unless otherwise stipulated. The City reserves the right to accept or reject any and all quotes and reserves the right to waive any informality in any quote. All contracts over $25,000 are subject to approval by City Council. This contract and any attachments are not valid until such approval has been obtained. 2. SITE EXAMINATION. If applicable, Contractor must examine the site and certify all measurements, specifications and conditions affecting the work to be performed at the site. By submitting their quote, the Contractor warrants that he or she (hereinafter he or his) made such site examination as they deem necessary regarding the condition of the site; its accessibility for materials, workmen and utilities and the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowance of time or money will be allowed as to such matters or for any other undiscovered conditions on the site. 3. EQUIPMENT AND LABOR. The Contractor shall furnish all tools, equipment, apparatus, facilities, transportation, labor, and material necessary to furnish the services herein described. The services shall be performed at such times and places as directed by the authorized City representative as indicated in the work specifications or statement of work attached hereto. 4. SUBCONTRACTORS. Contractor agrees to bind every subcontractor to the terms of this contract as far as such terms are applicable to subcontractor's work. If Contractor shall subcontract any part of this contract, Contractor shall be fully responsible to the City for acts and omissions of his subcontractor and of persons either directly or indirectly employed by himself. Nothing contained in the contract documents shall create any contractual relations between any subcontractor and the City. 5. DEFAULT BY CONTRACTOR. When Contractor, or any subcontractor, or vendor shall fail to deliver any article or service or shall deliver any article or service which does not conform to the work specifications or the Statement of Work, the City may, upon five (5) business days’ prior written notice describing the default, at its option, annul and set aside the contract entered into with said Contractor, subcontractor or vendor either in whole or in part, and enter into a new contract in such a manner which would be to the best advantage of the City. The City reserves the right to cancel any articles or services which the Contractor may be unable to furnish because of economic conditions, governmental regulations or other similar causes beyond the control of the Contractor provided satisfactory proof is furnished to the City, if requested. 6. CONTRACT CHANGES. No changes or alterations to this contract shall be made without specific prior written approval by both parties. 7. WORKERS. Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on work any unfit person or anyone not skilled in work assigned to him or her. Any person in the employ of the Contractor who the City may deem incompetent or unfit shall be dismissed from the job site and shall not again be employed at the site without written consent from the City. 8. SUBSTITUTIONS. No substitutions of materials or persons from those specified in the Statement of Work shall be made without the prior written approval of the City. 9. CONTRACTOR SUPERVISION. Contractor shall provide competent supervision of personnel employed on the job site, use of equipment, and quality of workmanship. 10. CLEAN UP. Debris shall be removed from the premises. The job site shall be kept in good order at all times when work is not actually being performed and shall be maintained in a safe and clean condition. 11. ACCESS TO WORK. City representatives shall at all times have access to work wherever it is in preparation or progress. Contractor shall provide safe and proper facilities for such access. 12. PROTECTION OF WORK AND PROPERTY. The Contractor shall erect and properly maintain at all times, as required by conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workmen and the public, and shall post danger signs warning against hazards created by such features in the course of the construction. 13. OCCUPANCY. The City reserves the right to occupy buildings at any time before formal contract completion and such occupancy shall not constitute final acceptance or approval of any part of the work covered by this contract, nor shall such occupancy extend the date specified for substantial completion of the work. 14. ASSIGNMENT OF CONTRACT AND PURCHASE ORDER. The Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations under this contract without the prior written consent of the City. 15. FORCE MAJEURE CLAUSE. The parties to the Contract shall be excused from performance hereunder during the time and to the extent that they are prevented from obtaining, delivering, or performing by an act of God, fire, strike, loss, shortage of transportation facilities, lock-out, or the commandeering of materials, products, plants or facilities by the government; when satisfactory evidence thereof is presented to the other party(ies), provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of the party not performing. 16. HOLD HARMLESS CONTRACT. The Contractor shall save, defend, hold harmless and indemnify the City from and against any and all losses, damages, liabilities, claims, and costs of whatsoever kind and nature for injury to or death of any person and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work on property under the terms of this contract by any employee, agent, or representative of Contractor and/or its subcontractors unless such loss was a result of the negligent acts or omissions of the City. 17. PAYMENT. Unless otherwise specified, the Contractor shall render invoices for materials delivered or services performed under the Contract or Purchase Order. The City shall make payment for materials, supplies or other services furnished under this Contract in lump sum on completion of the work within thirty (30) days after delivery to and approval by the DocuSign Envelope ID: 6E5C2E70-62D5-4F74-B4FB-166BCBEB9F99 Page 130 of 461 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 authorized City representative of all invoices and other documentary evidence reasonably required by the City including the satisfactory release of all liens or claims for liens by subcontractors, laborers, and material suppliers for work or materials provided under this Contract or Purchase Order (which approval shall not be unreasonably withheld). 18. PERMITS AND LICENSES. The Contractor and all of his employees, agents, and subcontractors shall secure and maintain in force, at Contractor’s sole cost and expense, such licenses and permits as are required by law, including any licenses or permits required by the City in connection with the furnishing of materials, supplies, or services herein listed. 19. CONTRACTOR NOT AN OFFICER, EMPLOYEE, OR AGENT OF THE CITY. While engaged in or carrying out other terms and conditions of the Contract or Purchase Order, the Contractor is an independent Contractor, and not an officer, employee, agent, partner, or joint venture of the City. 20. CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph and satisfactory proof of such insurance has been submitted to City. Except for worker’s compensation insurance, the policy shall not be amended or modified and the coverage amounts shall not be reduced without the City’s prior written consent. The City shall be named as an additional insured and be furnished thirty (30) days written notice prior to cancellation. The Contractor shall not allow any subcontractor, employee or agent to commence work on this contract or any subcontract until this insurance has been obtained. a) INSURANCE TYPES AND AMOUNTS. The City requires the following minimum amounts of insurance coverage: Commercial General Liability in the amount of $3,000,000 per occurrence; Professional Liability Errors and Ommissions in the amount of $1,000,000 per occurrence; and Employee Dishonesty and Computer Fraud in the amount of $1,000,000 per occurrence. The above amounts may be amended upward or downward depending on the overall cost of the services provided, and only with the approval of the City. b) WORKER'S COMPENSATION INSURANCE. The Contractor shall procure and shall maintain during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract and in case of any such work subcontracted, the Contractor shall require the subcontractor provide Worker's Compensation Insurance for all of the subcontractors employees to be engaged in such work unless such employees are covered by the Contractor's Worker's Compensation Insurance. c) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The Contractor and any subcontractor shall procure and shall maintain during the life of this contract, Contractor’s Public Liability Insurance in an amount not less than $1,000,000 for injuries, including accidental death to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000 on account of one accident, and shall also maintain Contractor’s Property Damage Insurance in an amount not less than $1,000,000. 21. WARRANTY/QUALITY. Contractor shall furnish all manufactures’ and supplier’ written guarantees and warrantees covering materials and equipment furnished pursuant to this Contract or Purchase Order. Contractor warrants that all Services will be provided in a professional and workmanlike manner consistent with industry standards for thirty (30) days from delivery. Except as expressly provided in this Agreement, Contractor makes no warranties, express or implied, and specifically disclaims any warranty of merchantability, fitness for a particular purpose, title, or noninfringement or any warranty arising by usage of trade, course of dealing or course of performance. Contractor does not warrant that the services will be uninterrupted or error free. Equipment provided by Contractor in conjunction with any service is provided on an “as- is” basis. Contractor does not authorize anyone to make a warranty on its behalf and City should not rely on anyone making such statements. City agrees that any software products provided to City under this agreement that are neither manufactured nor designed by Contractor will carry the warranty carred by the manufacturer, if any, and Contractor makes no independent warranty with respect to such products. 22. ASSIGNMENT OF CLAIMS. In submitting a quote on this project, the Contractor or any subcontractor agreeing to supply goods, services, or materials, and entering into this contract, the Contractor and/or subcontractor do offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have pursuant this contract or subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties. 23. COMPLIANCE WITH LAWS. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct or work as indicated or specified in the Statement of Work. If Contractor observes that any of the work required by this contract is at variance with any such laws, ordinances, rules or regulations, Contractor shall notify the City, in writing, and, at the sole option of the City, any necessary changes to the scope of work shall be made and this contract shall be appropriately amended, in writing, or this contract shall be terminated effective upon Contractor’s receipt of a written termination notice from the City. If Contractor performs any work knowing it to be in violation of such laws, ordinances, rules or regulations and without first notifying the City of such violation, Contractor shall bear all costs arising therefrom. 24. TIME IS OF THE ESSENCE. Time is of the essence in the performance of and compliance with each of the provisions and conditions of this contract. 25. GOVERNING LAW. This contract shall be governed by and construed in accordance with the laws of the State of Colorado. Venue will be proper in Arapahoe County, CO. 27. 26. NO ORAL MODIFICATION. Any waiver, amendment, modification, consent or acquiescence with respect to this contract or any provision of this contract or with respect to any failure to perform in accordance therewith shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. 28. 27. TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). Any provision of this contract or its attachments which imposes upon the City, directly or indirectly, any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent of the year of execution of this contract is expressly made contingent upon and subject to funds for such financial obligation being appropriated, budgeted and otherwise made available. 28. PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and this contract shall be read and enforced as though it were included therein. DocuSign Envelope ID: 6E5C2E70-62D5-4F74-B4FB-166BCBEB9F99 Page 131 of 461 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 29. DISCLOSURE OF CONFIDENTIAL INFORMATION. The City as an arm of the state is governed by the terms of the Colorado Open Records Act, C.R.S. 24-72-201 et. seq. In the event a Disclosing Party receives an Open Records request, the Disclosing Party shall notify the other party to this Contract of such request. 30. ATTORNEY’S FEES. In the event that either party to this Contract shall commence any action against the other party arising out or or in connection with this Contract, or contesting the validity of the Contract or any provisions of the Contract, the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs, and fees and expenses incurred by the prevailing party in connection with such action or proceeding. 31. VERIFICATION OF COMPLIANCE WITH C.R.S. 8- 17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract 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)(I) & (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 order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. Contractor is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job 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 subcontract with the subcontractor if, within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with 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 had not knowingly employed or contracted with the illegal alien. d) 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. 8-17.5-102 (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 Contractor’s 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 under this Paragraph 29. 32. LIMITATION OF LIABILITY. TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, STATUTORY OR OTHERWISE (ANY LEGAL THEORY), EVEN IF THE OTHER PARTY OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY LAW, EACH PARTY’S ENTIRE LIABILITY AND EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE OR MISREPRESENTATION, AND REGARDLESS OF THE FORM OF ACTIONS, SHALL BE LIMITED TO THE AMOUNT WHICH HAS ACTUALLY BEEN PAID TO PRESIDIO BY CLIENT FOR SERVICES UNDER THE APPLICABLE PROPOSAL. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) DocuSign Envelope ID: 6E5C2E70-62D5-4F74-B4FB-166BCBEB9F99 Page 132 of 461 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 ATTACHMENT B STATEMENT OF WORK (Provide the requested information below) 1. GENERAL Presidio Networked Solutions Group, LLC (EIN#76-0515249) TIPS USA Contract #1071615 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Doug Fisichella – 503.594.0377 – dfischella@presidio.com Michael Beck – 303-225-6581 – mbech@presidio.com 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Presidio is pleased to propose the following solution to The Englewood Police Department (“Client”) for a new surveillance system at The Englewood Police Headquarters. This Proposal summarizes the results of the Pre-Sales Envisioning and Proposal Phases and details the services to be provided by Presidio. This document provides a roadmap for the proposed solution and a foundation for the Systems Engineering, Planning, and Execution Phases. The Englewood Police Department has engaged Presidio Networked Solutions Group, LLC, a wholly owned subsidiary of Presidio Networked Solutions, LLC (“Presidio”), to provide procurement, planning, design, configuration, and deployment of an Avigilon IP Video Surveillance solution. Presidio will provide and configure a new Video Management System for the surveillance of the Police Headquarters. Presidio will be responsible for the installation, configuration and programming of the system as detailed in this Scope of Work. Cabling will be provided, installed and tested by the Englewood PD through the structured cabling contractor. This includes any building penetrations and raceway as necessary. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) • Client will provide IP Addresses as well as Switch and Patch Bay capacity and patch cables for the Server Appliance, Client Workstations, Monitors, and Cameras. • Client will provide logical access to a computer or virtual machine housing the Main Directory Server which will hold the database for all archivers and cameras. • Client will provide Power outlets for the Server, Switches, Client Workstations, and Monitors. Presidio recommends they be powered by an uninterruptable power source. • Provide all connectivity, network routing or VLAN for Main Directory as well as communications path for Cameras, Archiver and Client machines. • Provide all structured cabling for video/data (CAT 5 or better) to the cameras. Exterior cams will be powered by PoE coming from the network switch and require only the data cable. • Provide appropriate conduit raceway, penetrations and boxes for camera mounting. DocuSign Envelope ID: 6E5C2E70-62D5-4F74-B4FB-166BCBEB9F99 Page 133 of 461 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 5. OTHER CONSULTANT RESOURCES N/A 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Presidio will Configure the Avigilon software on the Recommissioned Avigilon Archiver Appliances (2) provided by the Client – The unites are assumed to be fully functional fit to the task. Presidio does not warrant their usability. Presidio will Install and configure Avigilon Control Center Video Surveillance software and update as necessary. Presidio will deploy the Avigilon software and licenses Presidio will configure the Archiver for connection to the existing Avigilon system with IP addresses provided by the client. The network path and any remote links necessary for the communication is the responsibility of the client. Presidio will configure Avigilon client software on a machine provided by The City of Englewood IT. Presidio will configure the Database including devices, additional users and groups along with information on the archive server etc. in order to create a fully functional system. Presidio and the Client will coordinate the conversation of the current Archiver in use at the old PDHQ to be used as the recording device for the (9) Cell cameras for minimal impact on PD safety. The possibility of loss of stored video from the old location exists. Every effort will be made to minimize this risk. It is recommended that the Client perform a back-up of all stored data on the Archivers set to be repurposed prior to recommissioning. Presidio will provide and install cameras and mounts as detailed in the BoM. Presidio will configure Cameras and Locations. Review creation of Views, Users, and Permissions with a Client systems administrator. Presidio will install and position all cameras and ancillary hardware. Presidio will provide Knowledge Transfer of the Avigilon System to the IT/System Administrators and Users of the system. This will be in 2 phases. The first phase will be for Administration of the system so Administrators can determine Best Practices. The second phase will be for Users of the system that need to know how to view live and recorded video. The following deliverables will be created by Presidio and provided to The Englewood Police Department as part of the Project Deliverables. All three of these deliverables may be delivered as a single document. Document Description DocuSign Envelope ID: 6E5C2E70-62D5-4F74-B4FB-166BCBEB9F99 Page 134 of 461 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 Final Project Documentation Visio Diagrams Copies of device configurations Verification Testing Results Results of the Verification Plan agreed to in the Systems Engineering & Planning Phase Project Completion and Acceptance Agreement that project is complete 7. SPECIAL PROJECT REQUIREMENTS, IF ANY ASSUMPTIONS Services and service pricing are based upon the following assumptions and exclusions (“Assumptions”). Any additional costs identified as a result of deviations from these Assumptions will be managed through the Change Management Procedures specified in this SOW. The parties agree that any changes in the Assumptions may result in an adjustment in the pricing stated in this SOW. a) All Presidio activities will take place during normal working hours (Monday through Friday, 8:00 AM to 5:00 PM, excluding holidays) unless noted as “Off Hours” in this SOW. b) Any items or tasks not explicitly listed as in-scope within this SoW are considered to be outside of the scope and not included within this SoW. c) If integration of the product is performed at a Presidio facility, then transfer of ownership (acceptance) occurs upon the receipt and integration of goods at Presidio regardless of shipment, as manufacturers will not accept return of open product. d) Presidio will have free and clear access throughout the facility. Delays in the project will incur additional charges to the project. e) There will be no customizations or modifications to the Avigilon deployment other than those specified within this scope of work. f) Presidio is responsible for implementing the Avigilon software only. g) No Map creation or configuration is included in this scope. h) No troubleshooting time for network connectivity, internet access or routing of IP data is included in this quote. Client General Responsibilities DocuSign Envelope ID: 6E5C2E70-62D5-4F74-B4FB-166BCBEB9F99 Page 135 of 461 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 The following items are listed as responsibilities of the Client for this engagement. The Client is responsible for performing the items and activities listed in this section, or arranging for them to be performed by a 3rd party if appropriate. Client will: a) Ensure that adequate rack space, power and cooling exist for the new hardware. b) Provide safe and secure storage for Presidio’s equipment used during the project. c) Provide a single point of contact with the authority and the responsibility of issue resolution and the identification, coordination and scheduling of Client personnel to participate in the implementation of the SOW. d) Provide or procure all appropriate hardware, software, licensing and media required for implementation of the SOW. e) Client is responsible for having in place, active manufacturer support contracts on all devices that are the subject of this SOW. f) Schedule appropriate maintenance windows for system upgrades and installs and notify user community. g) Dispose of all packaging materials and retired equipment. h) Provide to Presidio all IP addresses, passwords, system names, and aliases required for Presidio to complete the project. This includes user/password information for all cameras. i) Assure site readiness prior to the dispatch of Presidio personnel to perform the services being contracted. j) Provide adequate facilities for the installation of the hardware. This includes all necessary peripheral hardware (KVM ports or monitors, keyboards, mice, network access, etc.) as well as electrical and space needs. k) Provide all required physical access to the Client’s facility (identification badge, escort, parking decal, and so forth), as required by the Client’s policies; and will provide all required functional access (passwords, IP address information, and so forth), as required for Presidio to complete the tasks l) Provide high speed Internet access to Presidio consultants for verification of device support requirements, software update downloads, and other critical project needs. m) With Presidio, verify operation of the installed/upgraded equipment per the pre- defined Verification Plan. n) Provide approvals and timely sign-offs at various points in the engagement, e.g., Design Document, Verification Plan and Results, and Engagement Closure documents. DocuSign Envelope ID: 6E5C2E70-62D5-4F74-B4FB-166BCBEB9F99 Page 136 of 461 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 8. MODE OF PAYMENT 9. PAYMENT SCHEDULE City will pay Consultant for the work in accordance with the following payment schedule. All payments to Consultant are contingent on Consultant’s satisfying the Deliverables/Milestones set forth below. Payments shall be made upon City’s written confirmation to Consultant that the Deliverables-Milestones have been satisfied. Milestone Milestone Description Progress Payment 1 Upon P/O Release (Includes all BOM items) $57,739.92 2 Compute Install $9,993.32 3 Camera Install $9,993.32 4 Upon Completion of Acceptance and Testing $9,993.32 Total $87,719.88 Presidio wil bill the Client upon written acceptance of each Milestone in accordance with this Statement of Work. The notice of acceptance or rejections shall be provided no later than thirty (30) days from delivery, if such acceptance or rejection is not provided within this time period the work shall be deemed accepted. Invoices may contain multiple Milestones. Payment is due within thirty (30) days from the date of invoice. Fees stated are exclusive of, and Client shall pay all taxes, duties, levies, fees or similar charges imposed on Presidio or on the Client by the authority (other than taxes imposed on Presidio’s income) relating to these Services and the delivery location. If a withholding tax is required by law, Customer must contact a Presidio representative to discuss the appropriate procedures. If the Client requires a change in the scope of work, the parties will negotiate in good faith to generate a written change order memorializing the additional labor and requirements that will be mutually agreed upon by the parties prior to the onset of the additional work. If the client fails to provide a notice of acceptance or a statement of issues to be resolved within ten (10) business days of project conclusion, the project will be deemed accepted. 10. SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by Consultant. DocuSign Envelope ID: 6E5C2E70-62D5-4F74-B4FB-166BCBEB9F99 Page 137 of 461 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 Performance Responsible Target Milestone Party Date P/O Release/Ordering of Equipment/Finalize Initial Design Docs – Presidio – November 5, 2018 Compute Install – Presidio – Date TBD by GC Camera Install – Presidio – Date TBD by GC Completion/Acceptance and Testing – Presidio – Date TBD by GC 11. DATE FOR COMPLETION OF WORK: TBD by GC. 12. ACCEPTANCE AND TESTING PROCEDURES, IF NECESSARY. 13. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by Consultant at its regular office located in 1400 16th St., Suite 400, Denver, CO. City will provide the City office space and support as it agrees may be appropriate, at 3615 S. Elati Street, Englewood, CO facility. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated _______________, 20__, the parties have executed this Statement of Work as of this ______ day of ________________, 20__. CITY OF ENGLEWOOD, COLORADO By: (Signature) DocuSign Envelope ID: 6E5C2E70-62D5-4F74-B4FB-166BCBEB9F99 Page 138 of 461 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 _________________________________ (Print Name) Title: Date: _______________________________ Presidio Networked Solutions Group, LLC Consultant Name By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ ATTACHMENT C CONTRACTOR’S PROPOSAL (If necessary) DocuSign Envelope ID: 6E5C2E70-62D5-4F74-B4FB-166BCBEB9F99 Director of Sales Operations Kim Dukes 10/18/2018 Page 139 of 461 STATEMENT OF WORK Englewood Police Department Headquarters Avigilon IP Video Surveillance Deployment June 21, 2018 Presidio Networked Solutions LLC 5337 Millenia Lakes Blvd Orlando, FL 32839 Page 140 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 2 of 18 PRESIDIO’S PROPOSAL TEAM Name Company/Function Phone Number Email Address Doug Fisichella IoT Consulting Engineer 503.594.0377 dfisichella@presidio.com Michael Beck Account Manager 303.225.6581 MBeck@presidio.com CLIENT INFORMATION Company Name Address City, State, Zip Englewood Police Dept. 3615 S. Elati St Englewood, CO, 80110 Contact Name Phone Number Email Address C/O CBRE Jon Micheel 303-324-8434 Jon.micheel@cbre.com REVISION HISTORY Revision Revision Date Notes 0.0 January 24, 2018 First Internal Release 1.0 February 27,2018 Interview Room Addition 2.0 3.0 May 16, 2018 June 21, 2018 Removal of Interview Rooms Final Revision Page 141 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 3 of 18 NON-DISCLOSURE STATEMENT Notices: © 2016 Presidio. All Rights Reserved. This document and its contents are the confidential and proprietary intellectual property of PRESIDIO and may not be duplicated, redistributed or displayed to any third party without the express written consent of PRESIDIO. Other product and company names mentioned herein may be the trademarks of their respective owners. SoW Template Version 2016-2.4 Page 142 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 4 of 18 TABLE OF CONTENTS 1. EXECUTIVE OVERVIEW........................................................................................................ 5 1.1. Introduction....................................................................................................................... 5 1.2. Situation ........................................................................................................................... 5 1.3. Solution Overview ............................................................................................................. 5 1.4. Resources ........................................................................................................................ 5 2. SYSTEMS ENGINEERING & PLANNING PHASE .................................................................. 7 2.1. Introduction....................................................................................................................... 7 2.2. Systems Engineering and Planning Phase Scope of Work ............................................... 7 2.3. Systems Engineering & Planning Phase Deliverables ...................................................... 8 3. EXECUTION PHASE .............................................................................................................. 9 3.1. Introduction....................................................................................................................... 9 3.2. Execution Phase Scope of Work ...................................................................................... 9 3.3. Project Closure ............................................................................................................... 11 3.4. Technical Support after Completion ................................................................................ 11 3.5. Project Change Request Process ................................................................................... 11 4. ASSUMPTIONS .................................................................................................................... 12 4.1. Client Responsibilities..................................................................................................... 12 5. PRICING ............................................................................................................................... 14 5.1. Payment Schedule ......................................................................................................... 14 6. AUTHORIZATION TO PROCEED ........................................................................................ 15 APPENDIX A - TERMS AND CONDITIONS ............................................................................. 16 APPENDIX B - PROJECT CHANGE REQUEST FORM ........................................................... 18 Page 143 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 5 of 18 1. EXECUTIVE OVERVIEW 1.1. Introduction Presidio is pleased to propose the following solution to The Englewood Police Department (“Client”) for a new surveillance system at The Englewood Police Headquarters. This Proposal summarizes the results of the Pre-Sales Envisioning and Proposal Phases and details the services to be provided by Presidio. This document provides a roadmap for the proposed solution and a foundation for the Systems Engineering, Planning, and Execution Phases. 1.2. Situation The Englewood Police Department has engaged Presidio Networked Solutions Group, LLC, a wholly owned subsidiary of Presidio Networked Solutions, LLC (“Presidio”), to provide procurement, planning, design, configuration, and deployment of an Avigilon IP Video Surveillance solution. • Presidio will provide and configure a new Video Management System for the surveillance of the Police Headquarters. Presidio will be responsible for the installation, configuration and programming of the system as detailed in this Scope of Work. Cabling will be provided, installed and tested by the Englewood PD through the structured cabling contractor. This includes any building penetrations and raceway as necessary. 1.3. Solution Overview Presidio was provided with initial information regarding the current environment and plans, including camera count, resolution, and retention periods, to determine the components and requirements necessary for migration and deployment of the Avigilon Video Surveillance system. Approach & Project Strategy • Presidio approaches the planning and implementation of all projects as two phases: “Systems Engineering & Planning” and “Execution.” • The Systems Engineering & Planning Phase is where our project management and engineering teams develop the technical detailed design of the solution, confirm the assumptions listed in this document, and develop a project plan. This phase will determine the necessity for additional product and/or services due to changes in assumptions or responsibilities. If any changes are identified, an applicable change order will be provided. • The Execution Phase is where our project management and engineering teams execute the plan identified and outlined in the Systems Engineering & Planning Phase. 1.4. Resources 1.4.1. Engineering Personnel Presidio approaches project execution from a skills-based perspective. Our Execution Team is made up of individuals who have specific skill sets that will be utilized at different Page 144 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 6 of 18 times during a given project. This allows us to provide a very specialized workforce to the Englewood Police Department and utilize the appropriate resource for the task required. Presidio will assign an engineer(s) or architect(s) who will lead this project from a technology and design perspective. Presidio resources will work closely with the Client’s technical team to ensure that the activities and deliverables outlined within this SOW are accurate and in line with the overall project goals. The following roles will be utilized in order to complete the tasks outlined within this Statement of Work. • Video Surveillance Engineer Page 145 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 7 of 18 2. SYSTEMS ENGINEERING & PLANNING PHASE 2.1. Introduction The Systems Engineering Planning Phase is the detailed planning and design that incorporates detailed discovery, analysis, planning, and knowledge transfer. The results of this phase are detailed design specifications and a specific project plan. Detailed planning is necessary to ensure that the proposed solution will meet project requirements and help to reduce risk of an unsuccessful or unexpectedly expensive Execution Phase. The Systems Engineering and Planning Phase documents are the technical and operational foundation for a successful execution. 2.2. Systems Engineering and Planning Phase Scope of Work 2.2.1. Project Kickoff Meeting The Presidio PM will schedule and conduct a Project Kickoff Meeting between Client and Presidio resources assigned to this project. • Verification of roles and responsibilities • Review client timelines and set operational dates • Review this Statement of Work • Review Hardware and software requirements against on bill of materials • Identify resources throughout the life of the project 2.2.2. Systems Engineering and Planning Phase Design Topics The Primary function of the System Engineering & Planning phase is to conduct design workshops between Presidio and Client. During these design workshops, the following elements will be identified, reviewed and/or defined: • Presidio and the Client will jointly develop an implementation and verification plan to be used to determine the success of the project, to be approved and signed-off by Client, prior to Presidio beginning the activities outlined in the Execution Phase. • Presidio will lead a detailed design workshop to begin gathering low-level details around the existing video surveillance deployment and the requirements for the new Avigilon deployment. • Presidio will develop solution diagram that shows the new servers, ports and IPs used between each component that will be used by Presidio and The Englewood Police Department staff to rack and patch. Page 146 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 8 of 18 2.3. Systems Engineering & Planning Phase Deliverables The following deliverables will be created by Presidio and provided to Nautilus as part of the Systems Engineering and Planning Phase Deliverables: Document Description System Engineering Report (Design Document) Detailed design; project logistics including schedule and training plans. Hardware and Software configuration descriptions, diagrams if applicable. Verification Plan Testing & Verification criteria for testing and quality assurance (to be signed prior to moving into Execution Phase) Page 147 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 9 of 18 3. EXECUTION PHASE 3.1. Introduction The Execution Phase of this project consists of implementing the detailed design, which was developed and finalized in the Systems Engineering and Planning Phase. For this solution, Presidio will provide the planning and design, as well as staging of all devices at staging facilities specified by Client. 3.2. Execution Phase Scope of Work 3.2.1. Staging Activities Presidio will stage at the equipment at a location designed by Client, and will include the following activities: • Unpack equipment • Verify the inventory against the Bill of Materials • Power on self-test and best practice hardware test • Address premature failures discovered during burn-in • Document problems and problem resolutions • Upgrade firmware if required • Configure the equipment per the design document 3.2.2. Implementation: Presidio will provide and install the following through its own personnel or an approved Subcontractor. o Presidio will Configure the Avigilon software on the Virtual Server provided by the Client: o Presidio will Install and configure Avigilon Control Center Video Surveillance software: § Presidio will deploy the Avigilon software and licenses o Presidio will configure the Archiver for connection to the existing Avigilon system with IP addresses provided by the client. The network path and any remote links necessary for the communication is the responsibility of the client. § Presidio will configure Avigilon client software on a machine provided by The Englewood PD. § Presidio will configure the Database including devices, additional users and groups along with information on the archive server etc. in order to create a fully functional system. o Presidio will provide and install cameras and mounts as detailed in the BoM. § Presidio will configure Cameras and Locations. Review creation of Views, Users, and Permissions with a Client systems administrator. Page 148 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 10 of 18 o Presidio will install and position all cameras and ancillary hardware. o Presidio will provide Knowledge Transfer of the Avigilon System to the IT/System Administrators and Users of the system. This will be in 2 phases. § The first phase will be for Administration of the system so Administrators can determine Best Practices. § The second phase will be for Users of the system that need to know how to view live and recorded video. 3.2.2.1. Client Responsibilities: o Client will provide IP Addresses as well as Switch and Patch Bay capacity and patch cables for the Server Appliance, Client Workstations, Monitors, and Cameras. o Client will provide logical access to a computer or virtual machine housing the Main Directory Server which will hold the database for all archivers and cameras. o Client will provide Power outlets for the Server, Switches, Client Workstations, and Monitors. Presidio recommends they be powered by an uninterruptable power source. o Provide all connectivity, network routing or VLAN for Main Directory as well as communications path for Cameras, Archiver and Client machines. o Provide all structured cabling for video/data (CAT 5 or better) to the cameras. Exterior cams will be powered by PoE coming from the network switch and require only the data cable. o Provide appropriate conduit raceway, penetrations and boxes for camera mounting. 3.2.3. Deliverables The following deliverables will be created by Presidio and provided to The Englewood Police Department as part of the Project Deliverables. All three of these deliverables may be delivered as a single document. Document Description Final Project Documentation Visio Diagrams Copies of device configurations Verification Testing Results Results of the Verification Plan agreed to in the Systems Engineering & Planning Phase Project Completion and Acceptance Agreement that project is complete Page 149 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 11 of 18 3.3. Project Closure At the completion of the project, Presidio will perform a Project Closure Meeting via WebEx. Presidio and the Client will: • Review the final deliverables for the engagement. • Review project objectives to ensure that they have been completed as outlined within the SoW. • Have both Presidio and Client sign the final project milestone and acceptance document • Identify any follow-on items or actions that may be required or desired by the client. 3.4. Technical Support after Completion • A variety of Technical Support options are available to you after Presidio has completed the work described under “Scope of Services”. These include: o If you are a current or new Presidio’s Managed Network Service customer, technical support for the solution can be obtained by calling 800-330-7060 or sending an email to servicedesk@pims.presidio.com. o For non-critical support, including system expansion options, assessments, audits, and related services, or services which are not covered by a support contract with Presidio or another vendor, Presidio offers a variety of options including Fixed Fee, Hourly Rate, or Daily Rate options. Pricing for these services is not included in this Statement of Work. 3.5. Project Change Request Process • Presidio emphasizes detailed planning and design prior to any complex systems project. One of the reasons for this approach is to avoid any change orders during the Execution Phase that could affect budget, schedules, or business interruptions. • There may be instances when the scope or requirements of a project will need to be modified or the client will request a change to the project scope, or deliverables, during the course of a project. If this happens the change request will be considered an addendum to this proposal. A Project Change Request (PCR) will be created by the project presales and service delivery teams and presented to the client by the project manager for client approval. The PCR will indicate any changes in services or deliverables, both added and removed from the scope, along with any associated charges or credits if applicable. Page 150 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 12 of 18 4. ASSUMPTIONS Services and service pricing are based upon the following assumptions and exclusions (“Assumptions”). Any additional costs identified as a result of deviations from these Assumptions will be managed through the Change Management Procedures specified in this SOW. The parties agree that any changes in the Assumptions may result in an adjustment in the pricing stated in this SOW. a) All Presidio activities will take place during normal working hours (Monday through Friday, 8:00 AM to 5:00 PM, excluding holidays) unless noted as “Off Hours” in this SOW. b) Any items or tasks not explicitly listed as in -scope within this SoW are considered to be outside of the scope and not included within this SoW. c) If integration of the product is performed at a Presidio facility, then transfer of ownership (acceptance) occurs upon the receipt and integration of goods at Presidio regardless of shipment, as manufacturers will not accept return of open product. d) Presidio will have free and clear access throughout the facility. Delays in the project will incur additional charges to the project. e) There will be no customizations or modifications to the Avigilon deployment other than those specified within this scope of work. f) Presidio is responsible for implementing the Avigilon software only. g) No Map creation or configuration is included in this scope. h) No troubleshooting time for network connectivity, internet access or routing of IP data is included in this quote. 4.1. Client Responsibilities 4.1.1. Client General Responsibilities The following items are listed as responsibilities of the Client for this engagement. The Client is responsible for performing the items and activities listed in this section, or arranging for them to be performed by a 3rd party if appropriate. Client will: a) Ensure that adequate rack space, power and cooling exist for the new hardware. b) Provide safe and secure storage for Presidio’s equipment used during the project. c) Provide a single point of contact with the authority and the responsibility of issue resolution and the identification, coordination and scheduling of Client personnel to participate in the implementation of the SOW. d) Provide or procure all appropriate hardware, software, licensing and media required for implementation of the SOW. e) Client is responsible for having in place, active manufacturer support contracts on all devices that are the subject of this SOW. f) Schedule appropriate maintenance windows for system upgrades and installs and notify user community. Page 151 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 13 of 18 g) Dispose of all packaging materials and retired equipment. h) Provide to Presidio all IP addresses, passwords, system names, and aliases required for Presidio to complete the project. This includes user/password information for all cameras. i) Assure site readiness prior to the dispatch of Presidio personnel to perform the services being contracted. j) Provide adequate facilities for the installation of the hardware. This includes all necessary peripheral hardware (KVM ports or monitors, keyboards, mice, network access, etc.) as well as electrical and space needs. k) Provide all required physical access to the Client’s facility (identification badge, escort, parking decal, and so forth), as required by the Client’s policies; and will provide all required functional access (passwords, IP address information, and so forth), as required for Presidio to complete the tasks l) Provide high speed Internet access to Presidio consultants for verification of device support requirements, software update downloads, and other critical project needs. m) With Presidio, verify operation of the installed/upgraded equipment per the pre- defined Verification Plan. n) Provide approvals and timely sign-offs at various points in the engagement, e.g., Design Document, Verification Plan and Results, and Engagement Closure documents. Page 152 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 14 of 18 5. PRICING 5.1. Payment Schedule A Milestone Invoice schedule has been developed for this project. Milestones will be as follows: Milestone Milestone Description Progress Payment 1 Upon P/O Release (Includes all BOM items) $57,739.92 2 Compute Install $9,993.32 3 Camera Install $9,993.32 4 Upon Completion $9,993.32 Total $87,719.88 Presidio will bill the Client upon completion of each Milestone. Invoices may contain multiple Milestones. Payment is due within thirty (30) days from the date of invoice. Fees stated are exclusive of, and Client shall pay all taxes, duties, levies, fees, or similar charges imposed on Presidio or on the Client by the authority (other than taxes imposed on Presidio’s income) relating to these Services and the delivery location. If a withholding tax is required by law, Customer must contact a Presidio representative to discuss the appropriate procedures. If the Client requires a change in the scope of work, the parties will negotiate in good faith to generate a written change order memorializing the additional labor and requirements that will be mutually agreed upon by the parties prior to onset of the additional work. If the Client fails to provide a notice of acceptance or a statement of issues to be resolved within ten (10) business days of project conclusion, the project will be deemed accepted. Page 153 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 15 of 18 6. AUTHORIZATION TO PROCEED The use of signatures on this Proposal is to ensure agreement on project objectives and the work to be performed by Presidio. Presidio signature signifies our commitment to proceed with the project as described in this document. Please review this document thoroughly, as it will be the basis for all work performed by Presidio on this project. This Proposal is valid for a period of sixty (60) days from the date that this proposal is provided by Presidio to the Englewood PD unless otherwise agreed to by both parties. Englewood Police Department Signature Date Printed Name Presidio Signature Date Printed Name & Title Page 154 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 16 of 18 Appendix A - Terms and Conditions The following terms and conditions shall govern this Proposal/SOW unless a valid Master Agreement between the parties for professional services has been executed and is in force at the time any Proposal/SOW is executed; in which case the terms of the Master Agreement shall govern unless specifically modified by this SOW. 1. Purchase Orders, Invoicing, Payment and Acceptance. Any purchase order submitted by CLIENT in connection with this SOW/PROPOSAL shall be deemed subject to these Terms. Unsigned, electronically submitted purchase orders shall be deemed to include CLIENT’s electronic signature and shall be binding to the extent accepted by Presidio. Presidio’s acceptance of such purchase order shall not constitute Presidio’s acceptance of new or different terms, including pre-printed terms on such order. In absence of a purchase order, CLIENT agrees that its signature below grants Presidio the right to invoice CLIENT and authorizes payment to Presidio for the amounts owed. Further, CLIENT represents that Presidio can rely on such CLIENT signature for payment. Presidio shall invoice CLIENT for the Services in accordance with the terms stated in the SOW/PROPOSAL. The price included herein reflects a 3% discount for payment by cash, check or wire transfer. This discount will not apply in the event that CLIENT pays using a credit or debit card. CLIENT shall make payment to Presidio within thirty (30) days from the date of invoice. Except for taxes due on Presidio’s net income, CLIENT shall pay all taxes. Presidio reserves the right to bill CLIENT for additional work requested by CLIENT and performed by Presidio, and for applicable expenses incurred by Presidio pursuant to providing such additional services, which are not described in this ORDER/ PROPOSAL. Unless otherwise indicated in this SOW/PROPOSAL, CLIENT agrees that staff augmentation services and services performed on a time and materials basis shall be deemed accepted as performed. Unless otherwise indicated in this SOW/PROPOSAL, Projects shall be deemed accepted upon the earlier of Presidio’s receipt of a Project Completion and Acceptance document, which has been signed and dated, by an authorized representative of CLIENT, or ten (10) business days from the date of the delivery of the final Project deliverable. If acceptance is refused, the Client shall provide, in writing to Presidio, its reasonable basis for refusal, prior to the expiration of the ten (10) business day period. Presidio shall address the issue before subsequent work is undertaken. Limitations of Warranties. PRESIDIO WARRANTS THAT SERVICES SHALL BE PROVIDED BY COMPETENT PERSONNEL IN ACCORDANCE WITH APPLICABLE PROFESSIONAL STANDARDS. FURTHERMORE, PRESIDIO WARRANTS TO CLIENT THAT THE SERVICES RENDERED SHALL BE PERFORMED IN A SKILLFUL AND PROFESSIONAL MANNER COMMENSURATE WITH THE REQUIREMENTS OF THIS EFFORT. CLIENT SHALL NOTIFY PRESIDIO IN WRITING WITHIN THIRTY (30) DAYS AFTER COMPLETION OF THE SERVICES WHEN ANY OF THE SERVICES FAIL TO CONFORM TO THE STANDARD OF CARE SET FORTH IN THIS AGREEMENT. THE PASSAGE OF THE THIRTY (30) DAY PERIOD AFTER COMPLETION OF THE SERVICES WITHOUT THE NOTIFICATION DESCRIBED HEREIN SHALL CONSTITUTE CLIENT’S FINAL ACCEPTANCE OF THE SERVICES. TROUBLESHOOTING AND RECONFIGURATION DUE TO CHANGES TO THE CONFIGURATION BY CLIENT AFTER DELIVERY MAY BE BILLABLE AND PRESIDIO WILL USE BEST EFFORTS TO PROVIDE ADDITIONAL SUPPORT THAT MAY BE REQUIRED. PRESIDIO MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 2. Intellectual Property. CLIENT acknowledges that Presidio, its vendors, and/or its licensors retain all patents and/or copyrights in and to all proprietary data, processes and programs, if any, provided in connection with Services performed hereunder; any Presidio software provided to CLIENT as part of the Services provided shall be subject to the vendor's, licensor’s or OEM’s copyright and licensing policy. To the extent such software is prepared by Presidio, it is provided by nontransferable, nonexclusive license for CLIENT'S internal use only, subject strictly to the terms and conditions of this Agreement, and shall terminate upon termination or expiration of this Agreement. CLIENT shall not duplicate, use or disclose for the benefit of third parties, reverse engineer or decompile any such software. 3. Confidential Information. The parties agree that Confidential Information means any information disclosed by the disclosing party to the receiving party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including without limitation documents, prototypes, samples, plant and equipment, “CLIENT” lists or other “CLIENT” information not known to the public), which is designated as "Confidential," "Proprietary" or some similar designation, or is the type of information which should reasonably be recognized as Confidential or Proprietary. The receiving party shall not use any Confidential Information of the disclosing party for any purpose except to evaluate and engage in discussions concerning this Proposal. Each party agrees to protect the other party’s Proprietary and Confidential Information to the same extent that it protects its own Proprietary and Confidential Information but with no less than a reasonable degree of care. 4. Limitation of Liability. IN NO EVENT SHALL PRESIDIO BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRESIDIO’S ENTIRE LIABILITY AND CLIENT’S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE OR MISREPRESENTATION, AND REGARDLESS OF THE FORM OF ACTIONS, SHALL BE LIMITED TO THE AMOUNT WHICH HAS BEEN ACTUALLY PAID TO PRESIDIO BY CLIENT FOR SERVICES Page 155 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 17 of 18 AND/OR PERFORMANCE HEREUNDER. Without limiting the foregoing, Presidio will have no responsibility for the adequacy or performance of (i) any third party software provided to Presidio under this agreement; (ii) any hardware, and (iii) any services provided by any third party. 5. Non-Solicitation Provision. During the term of this Agreement and for one (1) year following the completion of this project, neither party shall (a) solicit, offer to hire or hire an employee, agent or contractor of the other party, or (b) assist any third party who wishes to solicit, offer to hire or hire an employee, agents or contractor of the Other Party without a prior written consent of the Other Party; provided that this provision will not apply to unsolicited response by such employees, agents or contractors to publicly-available postings or advertisements for employment or contract positions. 6. Force Majeure. Neither party shall be liable for any failure or delay in performance of its obligations hereunder where such performance is prevented or delayed by causes beyond its reasonable control, including without limitation, flood, war, embargo, strike or other labor dispute, riot, acts of God or the intervention of any government authority. 7. Choice of Law and Venue. The parties will attempt to settle any claim or controversy arising under this SOW/PROPOSAL through consultation and negotiation in good faith and a spirit of mutual cooperation. The performance of the Parties, and any judicial or arbitration proceedings, shall be construed in accordance with the law of the Commonwealth of Massachusetts. Any dispute relating directly or indirectly to this SOW/PROPOSAL or any other contract or agreement between the parties which cannot be resolved through the process of consultation and negotiation shall be brought in a court of competent jurisdiction in the Commonwealth of Massachusetts, that being the exclusive venue for any dispute between or any claims held by any of the parties to this SOW/PROPOSAL. 8. Miscellaneous. This SOW/PROPOSAL constitutes the entire agreement of the parties and supersedes all prior written or oral agreements, representations and understandings relating to the subject matter hereof, with the exception of a valid Master Services and Product Agreement between the parties under the terms of which this SOW/PROPOSAL shall be incorporated. This SOW/PROPOSAL shall not be amended or modified except by written instrument signed by the parties. Should additional work beyond the scope of the Services detailed herein by Presidio be requested by CLIENT, fees for such additional Services will be negotiated with CLIENT prior to performing such work and will be memorialized in writing between the Parties by utilizing a Project Change Request form (“PCR”) or an additional SOW/PROPOSAL as appropriate. Presidio will invoice CLIENT for any additional work performed and expenses incurred which are not described in this SOW/PROPOSAL. The Parties agree that neither may assign its rights or duties under this contract without the prior written consent of the other Party, which consent shall not be unreasonably withheld. 9. Severability. The provisions of this SOW/PROPOSAL are severable. If any provision of this SOW/PROPOSAL or its application to any person or circumstance is ever held by any court of competent jurisdiction to be invalid for any reason, the remainder of this Agreement and the application of such provision or part of this SOW/PROPOSAL to other persons or circumstances shall not be affected. Page 156 of 461 Customer: Englewood PDHQ Date: June 21, 2018 Project Title: Avigilon IP Video Surveillance Revision: 0.0 Confidential and Proprietary Page 18 of 18 Appendix B - Project Change Request Form CLIENT CONTACT INFORMATION Company Name Primary Project Contact, Title, Telephone No Address Email Address City, State, Zip Code Reference Presidio Order # CHANGE DESCRIPTION Total amount of Change Order: $ Out of Scope? ☐ Yes ☐ No TASK AND DESCRIPTION PRESIDIO CONTACT INFORMATION Presidio Networked Solutions Phone: 781-638-2200 10 Sixth Road Fax: 781-638-0026 Woburn, MA 01801 www.presidio.com Sales Representative Phone Number Project Manager Phone Number AUTHORIZATION TO PROCEED The parties have read and understand that all assumptions, provisions, and terms and conditions as stated on the original Statement of Work, shall apply to this change order. Client agrees to have Presidio Networked Solutions perform the Work listed above. The parties understand that all additions and deletions to this list must be done in writing prior to work being performed. ____________________________ Client Signature ____________________________ Printed Name, Title ____________________________ Company ____________________________ Date Page 157 of 461 Project Summary ReportEnglewood Police HQGenerated Oct 11, 2018 by budget4cast.comBudget Code Original Budget Reallocations Current Budget Committed Costs Non-ForecastedInvoicesApprovedChangesRequestedChangesUncommitted CostsABA+BC D E F GProject Total 26,946,549 53,451 27,000,000 24,919,287 518 574,209 15,450 344,050Soft Costs 3,044,300 172,153 3,216,453 2,940,589 518 92,426 15,450000 — Owner Costs 573,143 196,586 769,729 602,140 51800 001 — Planning and Permitting Fees 78,666078,666 24,011000 002 — Tap & Utility Fees 50,000 97,045 147,045 147,045000 003 — City Use Tax 394,767 (459) 394,308 394,308000 004 — Owner/Relocation Costs 49,710049,710 36,777 51800 005 — Dispatch Relocation Costs0100,000 100,00000 0 0 010 — Design/Consulting Fees 2,471,157 (24,432) 2,446,725 2,338,449092,426 15,450011 — Design Team 1,616,039 56,976 1,673,015 1,590,970082,0450012 — Surveying 20,200 (20,200)00000 013 — Geotechnical 10,000010,000 7,90001,7000014 — Environmental Consulting/Testing016,988 16,988 8,30808,6810015 — Commissioning045,325 45,325 45,325000 016 — Project Management 564,3750564,375 564,375000 017 — Misc Consulting Fees 60,000 8,803 68,803 53,3530015,450018 — Material Testing/Inspections 200,543 (132,325) 68,218 68,218000 0Hard Costs 22,335,298 889,598 23,224,896 21,978,6980481,7830344,05020 — Construction Costs 21,054,250 457,288 21,511,538 21,029,7550481,7830021 — A&P Construction GMP 21,054,250 457,288 21,511,538 21,029,7550481,7830030 — Furniture, Fixtures, & Equipment 1,281,048 432,310 1,713,358 948,943000344,05031 — Furniture 845,070 (111,308) 733,762 733,762000 032 — IT/AV Systems & Equipment 269,275 205,000 474,275 155,233000 033 — Security Systems 136,703 125,000 261,70300 0 0245,68034 — Interior Signage 30,000 (30,000)00000 035 — Gym Equipment059,948 59,948 59,948000 036 — IT Network Equipment / UPS0100,000 100,00000 0 014,70037 — Interview Rooms083,670 83,67000 0 083,670Contingency 1,566,951 (1,008,300) 558,65100 0 0 0 Page 158 of 461 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED HIRED NON-OWNEDAUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10/2/2017 BB&T - The Addis Group2500 Renaissance Blvd Suite100King Of Prussia PA 19406-2639 Presidio Networked Solutions LLC12120 Sunset Hills Road - Suite 202Reston VA 20190 Federal Insurance Company Great Northern Insurance Company American Zurich Insurance Company Travelers Casualty & Surety Company 20281 20303 40142 19038 Christopher Bean 610-279-8550 610-279-8543 Christopher.Bean@BBandT.com 150PRESINET 139892096 B 35852422 10/1/2017 10/1/2018 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 X X X Contractual Liab X B X X Comp 1,000 X Coll $1,000 73543321 10/1/2017 10/1/2018 1,000,000 A X X 79857023 10/1/2017 10/1/2018 25,000,000 25,000,000 C N WC9809259 3/1/2017 3/1/2018 X 1,000,000 1,000,000 1,000,000 AD Prof, E&O, CyberCrime 35983225106173515 10/1/201710/1/2017 10/1/201810/1/2018 Occur/AggLimit 20,000,0003,000,000 Named Insureds: Presidio Networked Solutions LLC110 Parkway Drive SouthHauppauge, NY 11788 See Attached... Evidence of Coverage Page 159 of 461 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Presidio Networked Solutions Group, LLC5337 Millenia Lakes Blvd, Ste 300Orlando, FL 32839 Presidio Networked Solutions Group, LLC1955 Lakeway Drive, Ste 220Lewisville, TX 75057 Presidio Networked Solutions Group, LLCPresidio Networked Solutions LLC6355 East Paris SECaledonia, MI 49316 Presidio Technology CapitalTwo Sun CourtNorcross, GA 30092 11 Presidio Networked Solutions LLC12120 Sunset Hills Road - Suite 202Reston VA 20190 150PRESINET BB&T - The Addis Group 25 CERTIFICATE OF LIABILITY INSURANCE Page 160 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tom Brennan DEPARTMENT: Utilities DATE: November 5, 2018 SUBJECT: CB 37 - IGA Between the City of Englewood/Englewood McLellan Reservoir Foundation and Douglas County DESCRIPTION: CB 37 - IGA Between the City of Englewood/Englewood McLellan Reservoir Foundation and Douglas County RECOMMENDATION: The Board of the Englewood McLellan Reservoir Foundation (EMRF) recommends City Council approval, by ordinance, an IGA between City of Englewood/Englewood McLellan Reservoir Foundation and Douglas County. PREVIOUS COUNCIL ACTION: - December 17, 2007, City Council supported EMRF in the sale of 10.87 acres of PA85 to RTD. - December 1, 20008, City Council supported EMRF in leasing 12.29 acres of PA84 to TT Denver, d.b.a. Mike Ward Infiniti. - December 6, 2010, City Council approved a resolution of support for lease agreement for 10.14 acres in PA85 with Benjamin Franklin Charter School. - October 17, 2011, City Council approved a resolution of support for a lease agreement for 7.3 acres in PA84 with Miller Family Real Estate, LLC. d.b.a. Larry Miller Nissan. - January 1, 2016, City Council approved a resolution of support for a lease agreement for 9.89 acres in PA85 with MKS Residential, LLC. - April 5, 2016, City Council approved a resolution of support for a lease agreement with option to purchase for 33.3 acres in PA81 with Shea Properties d.b.a. Central Parks Highlands Ranch. - City Council approved the transfer of $800,000.00 from the LTAR fund to EMRF for the construction of the roadway as part of the 2016 budget. - June 18, 2018, City Council approved a resolution of support to enter into a cost sharing agreement with RTD for the construction of Plaza Circle. SUMMARY: EMRF received approval of their constructions plans for Plaza Circle project. A requirement of the approval is to secure a irrevocable letter of credit to ensure the completion of the public improvements. EMRF is legally unable to provide such a letter. Douglas County has agreed to accept an IGA in lieu of such letter of credit. ANALYSIS: Page 161 of 461 The completion of the roadway will provide necessary access to Highlands Ranch Filing No. 157, Lots 3,4 and 5, and will allow for potential leases by the city. Presently there is no roadway servicing these lots. In November of 2015, EMRF filed a minor development plat that dedicated right-of-way for the roadway to Douglas County. The lease entered into with MKS Residential obligated EMRF to construct Phase 1 of the roadway to provide for access for the MKS Residential project. On June 18, 2018 EMRF entered into a IGA with RTD to share costs of the roadway. This IGA will satisfy the final requirement of Douglas County and allow the project to move forward. FINANCIAL IMPLICATIONS: The table below represents the cost breakdown and investment in the road project between all of the entities involved in the construction of Plaza Circle. Plaza Circle Phase 1 (Completed) Plaza Circle Phase 2 (In review Douglas County) Plaza Circle Phase 1 & 2 EMRF:$270,458.99 EMRF:$561,333.00 EMRF:$831,791.99 RTD:$105,000.00 RTD:$395,000.00 RTD:$500,000.00 MKS:$375,458.99 MKS:$374,458.99 Total:$750,917.98 Total:$956,333.00 Total:$1,707,250.98 Plaza Circle Phase 2 cost is an engineers estimate. Actual cost will be known after project bids process. ALTERNATIVES: None CONCLUSION: This IGA will move this roadway project forward. This roadway with utilities will will make the two remaining EMRF parcels served by it more marketable for leasing. ATTACHMENTS: CB 37 EMRF Dougco IGA Exhibit A Exhibit B Exhibit C EMRF Board Meeting Minutes 10/26/2018 Page 162 of 461 Englewood McLellan Reservoir Foundation 1000 Englewood Parkway Englewood, CO 80110 Englewood McLellan Reservoir Foundation Board of Directors Meeting Minutes Date: October 26, 2018 Time: 2:00 p.m. Location: Public Works Conference Room Members Present Tom Brennan, Brad Power, Maria D’Andrea, Maria Sobota Others Present Julie Bailey, Public Works Department; Mike Jones, Englewood resident The meeting was called to order at 2:01 p.m. Meeting Minutes Consideration of Approval of IGA with Douglas County to Meet Their Requirement of an Irrevocable Letter of Credit for the Construction of Plaza Circle Phase II Tom Brennan briefly reviewed the background of the development of the roadway improvements for the EMRF properties south of C-470. The IGA will enable the completion of Plaza Circle, which will also enable the remaining EMRF properties south of the highway to be leased and developed. He indicated that the IGA is scheduled for consideration by the Englewood City Council on November 5, 2018. He also indicated that the construction window is expected to be six to eight months to encourage a number of contractors to bid on this relatively small scale during what continues to be a very heated construction market. Brad Power moved and Maria D’Andrea seconded a motion to approve the IGA and forward it to the Englewood City Council for consideration on November 5, 2018. Vote: Aye, 4-0. Page 163 of 461 Englewood McLellan Reservoir Foundation 1000 Englewood Parkway Englewood, CO 80110 Commission Agreement with NavPoint Real Estate Group and Hotel Broker One and Katchen & Company Tom Brennan presented two commission agreements that have been submitted by NavPoint related to potential commissions for tenants with whom they had initiated negotiations prior to the expiration of the listing agreement between NavPoint and EMRF. The compensation terms in the commission agreements are identical to the payment terms in the prior listing agreement. Both agreements are for tenants who have completed the letter of intent (LOI) phase of the leasing process. If leases are produced as a result, they will be forwarded to the Englewood City Council for consideration of a resolution of support. Maria D’Andrea moved and Maria Sobota seconded a motion to approve the commission agreements submitted by NavPoint Real Estate Group. Vote: Aye, 4-0. The meeting was adjourned at 2:14 p.m. Page 164 of 461 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS REGARDING THE DESIGN, CONSTRUCTION, AND MAINTENANCE OF PLAZA CIRCLE – PHASE II IMPROVEMENT PROJECT THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into this _____ day of _______________, 2018, by and between the City of Englewood, Colorado, a Colorado home rule municipality ("City"), and the Board of County Commissioners of Douglas County, Colorado ("County"), hereinafter collectively referred to as "Parties." RECITALS WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2)(a), and Section 29-1-203, C.R.S., the City and the County may cooperate or contract with each other to provide any function, service, or facility lawfully authorized to each; WHEREAS, this Agreement shall apply to the improvements for Plaza Circle between Plaza Circle – Phase I and Plaza Drive – east intersection, as shown on Exhibit A, (“Project”), attached hereto and incorporated herein by this reference; WHEREAS, the construction of Plaza Circle is necessary to provide access to Highlands Ranch Filing No. 157, Commercial Lots 3, 4 and 5, in order to develop the real property located within the entirety of Highlands Ranch Filing No. 157; WHEREAS, The Englewood McLellan Reservoir Foundation ("Developer"), which was incorporated pursuant to the Colorado Revised Nonprofit Corporation Act by the City of Englewood, Colorado, to oversee the development of property around McClellan Reservoir to protect the stored water supply therein, desires to design and construct the Project; WHEREAS, Douglas County normally requires an irrevocable letter of credit to ensure completion of necessary infrastructure for any development occurring in the County; WHEREAS, the Englewood McLellan Foundation is legally unable to provide such a letter, and the Parties have agreed in lieu of such letter this Intergovernmental Agreement shall control the proposed development; and WHEREAS, the Parties hereto intend to set forth the terms of design, construction, and maintenance of the identified Project. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties hereto agree as follows: Page 165 of 461 2 1. Project Improvements. All aspects of the Project, to include but not limited to the drainage, commercial collector roadway, and intersection improvements, will be designed and constructed in accordance with County standards. 2. Review and Approval. The County shall have the right to review, approve and collect review fees for the construction plans and reports related to work for the Project, prior to construction. 3. Project Construction. a. The Developer has appropriated or allocated funds in their reserve for the Public Improvements associated with this project in the amount of $965,131.00 as per the Engineer’s opinion of cost attached hereto as Exhibit B, and as referenced in the letter of September 4, 2018, attached hereto as Exhibit C. In the event the Developer, or the contractor on behalf of the Developer, fails to comply with all permit conditions and County criteria or receives a violation notice of noncompliance for the project, the County may exercise the right to stop any further work until such issues have been remedied. b. County will require Developer to construct the Project improvements in accordance with the approved construction plans and reports for the Project. 4. Permitting and Inspection. County shall be responsible for issuing all permits for grading and construction of roadway and stormwater facilities and providing the inspections related to said permits. Developer shall provide written Notice of Change to County Engineering Services of all change orders requested for design and construction approval. 5. Probationary and Final Acceptance of the Project. Prior to the issuance of probationary acceptance, Developer shall provide to County all testing information, reports and as-builts as required by County’s standards. Prior to the issuance of final acceptance, County shall provide an inspection of the Project. If County finds, upon inspection, that the Project is substantially free of defects in materials and workmanship and has been repaired and maintained as and to the extent required in this Agreement, the County shall issue a letter evidencing final acceptance of the Project. 6. Access Points. Access points onto Plaza Circle, within the Project, shall be approved by the County. 7. Maintenance Responsibilities for the Project: a. Subsequent to preliminary acceptance and subject to accessibility, the County Department of Public Works Engineering may elect to relieve Developer of street sweeping and snow removal responsibilities. Specific reductions or releases of responsibility must be in writing by the Public Works Engineering Director. Page 166 of 461 3 b. County shall be responsible for all roadway and drainage maintenance, snow removal and street sweeping, related to the Project, once final acceptance has been granted. 8. Termination of the Project. Parties agree that if Developer is not allowed to proceed with the Project on or before December 31, 2018 ("Project Deadline"), then this Agreement shall automatically terminate. 9. Time for Performance. Parties acknowledge and agree that the Project shall be substantially completed and open for use by the traveling public within twelve (12) months after Developer is allowed to proceed with the Project. 10. Remedies. Parties acknowledge and agree that each party may exercise all rights and remedies in law or in equity, by a decree in specific performance, or such other legal or equitable relief as may be available. 11. Notice. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given, at the address set forth below, or at such other address as has been previously furnished in writing, to the other party. Such notice shall be deemed to have been given when deposited in the United States mail. City of Englewood: Utilities Director Englewood Civic Center 1000 Englewood Parkway, 3rd Floor Englewood, CO 80110 Douglas County: Department of Public Works - Engineering Engineering Services Director 100 Third Street Castle Rock, Colorado 80104 12. Appropriation. Pursuant to C.R.S. § 29-1-110, the financial obligations of the City contained herein which are payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. 13. No Waiver of Governmental Immunity Act. The Parties hereto understand and agree that the City and the County, their commissioners, officials, officers, directors, agents and employees, are relying on, and do not waive or intend to waive by any provisions of this Agreement, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101, et seq., as from time to time amended, or otherwise available to the City and the County. 14. Additional Documents. The Parties agree to execute any additional documents or take any additional action that is necessary to carry out the intent of this Agreement. Page 167 of 461 4 15. Colorado Law. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action hereunder shall be in the District Court, County of Douglas, State of Colorado, and the Parties waive any right to remove any action to any other court, whether state or federal. 16. Separate Entities. The Parties enter into this Agreement as separate, independent governmental entities and shall maintain such status throughout. 17. No Third-Party Beneficiaries. The enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person under such Agreement. Any beneficiary of the terms and conditions of this Agreement are not intended beneficiaries, but are incidental beneficiaries only. 18. Recitals. The recitals to this Agreement are incorporated herein by this reference. 19. Entirety. This Agreement merges and supersedes all prior negotiations, representations and agreements between the Parties hereof and constitutes the entire agreement between the Parties concerning the subject matter hereof. IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto as of the date first written above. CITY OF ENGLEWOOD, COLORADO ____________________________________ , Mayor ATTEST: ______________________________ Stephanie Carlile, City Clerk APPROVED AS TO FORM: ______________________________ Alison McKenney Brown, City Attorney Page 168 of 461 5 BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY COLORADO ____________________________________ Lora L. Thomas, Chair APPROVED AS TO CONTENT: ATTEST: ____________________________________ ___________________________________ Douglas J. DeBord, County Manager Melissa Pelletier, Deputy Clerk APPROVED AS TO FORM: APPROVED AS TO FISCAL CONTENT: ____________________________________ ___________________________________ Lance Ingalls, County Attorney Andrew Copland, Director of Finance Page 169 of 461 6 EXHIBIT A DESCRIPTION OF PLAZA CIRCLE – PHASE II IMPROVEMENT PROJECT Page 170 of 461 7 EXHIBIT B ENGINEER’S OPINION OF COST Page 171 of 461 8 EXHIBIT C SEPTEMBER 4, 2018 LETTER ENGLEWOOD McCLELLAN FOUNDATION Page 172 of 461 S1NEWW03NOISIAEH '0“133115 emu maaroua X3013ECJNV1d§D:!VllO\S!I\\G smuaauzsrla Ame sLuawaAoaamasvmwuuravxsazusumuunnnsnsnoaAs uamalnas Haas anvusaunmvauHOIJDHULSIILKI395141 and snmaanxsmaswam».ananaanumaarml mvmssv 13H'15JSVE’ETCJHIOCll?LSVE ;;: st SZUZ 1} (9'§6£6 -N ;9‘Bv+9£Ins vs: Zl'§765 ‘M 00 BOHIVISand 80d (‘on man ma)1.991:mzvm ms =(‘me u xsn -man my ASV3)moon was ZQQHIZ '3 99 6966 IN Y£'§9+9|?V1S Ad v9‘a9uZ :2 69'luom ‘N /‘UV-N.L|§V=7“9 (rm ssmv wwsnusanmml .ooa‘momma 11? 3.rI,v§.LLs=eu: .§v.SS.VZ?7 .0o’oo|=8 J5 'L‘v='| UH SSE3C)V1V1ldSOH SNEECHIHO E0 9900:N §u‘z§+§|¢vxs Dd ‘EBGAVN‘BSD 90'EE9§=NO|1V/\E'|E 'SS\1d UECINHH1VdI-DIIHEH180:1 TIVMGVEHEH1E0 HENHOO 1SVEH1?OS EH1:101§VE .P K|E.|.VW|XONdd'V 0170 EGISH1nOS EH1N0 CIELVODTX08 EONVEIWHNMWIVN!.6ZOBElTE.UEdWV1SW3 WHNIWHW.7112 1000 V5|1NEWl'1NOW EH1 ')|HOM1EN '|0El1NDD l\1N?0U SWSHOUEH].E0 .EB|}€1003.N0l1V15 CMHVWHONEE '1SEM.BD.0hERH1|'\DS EJNIHVEESV ‘SWOSSV88.7/1EWI9 HJ.|M EIENHDOHEIHVHUHEINEDCINVHENHODUELWHU1SEMEH}.H103 1V UE1NEWf\NOW SVNVIGIEIEW'IVd|3NlHd H19 EH1E0 LSEM99 EBNVH'1-unos9 d|HSNM01‘V NOILOES:10HER!‘/{ID 1SEMH1HUNEH1E0 ENI'|H1nOS EH1N0 UESVEEBVSSNIUVEE 39-DNIBVEIEJOSISVE DDZ'0Z'E05E1V?EHSSI / / (bu mun am no if mm was -(nu xsvzwen VZV\dIassent £7501 =‘NJ M.VZ.9f.0S'S=E'43 IS \9=1 .Zv,9|.o§=v .00DZ|=!I .899||=1 \ WVHEJVIGWOHLNOOOIELLEWOEIO NOlSNEJ.X-EEHOEIIOVZV/"Id // runwe ‘Mesa'59: '9 335 2/|rm aun5 us NO|1VGN?O:l HIO/\?:lESE?:lNETEFIOWGOOMETIONE "IOHISVEENHGVZV'|d {O 9Z00|‘N M EBH us MIN 30:] anEmil =3 6v mum N 9r99+w1s 1:! "DH"HLSEM‘ETCJHIC)G18 LSVE .U 2s=wa M.v9.9Y.0EH=E‘4C) 99'S€=J. .?V.RL.§Q=V 00 00+:-V15 and 906 havemen mu)24ms:‘mm:us -(rm 1::53:-man umum)mow us wzrsoz 3 9;692m 3N oo'no+it Was EDd um mwsarrmmum my-clam is D\‘n:?fZ9i0€a sum wwm mum] mmmanswasuwmnom HJJWS 2I3H30)l SIZIAIVH ‘DH ETDHIUVZV'|d 50 90»V15 Nouanmsnoa mm M?zaw us vlouamusnoo mam Mu);3Mus>x3 ON ABHMVHG vszununHVEAGCIEXSEHO 9,,,9 ,E,,5,s3q xaarewuunouauauunanamxwwamno:amvoxaan Hows ‘alanoA31901333:2NvAuvNIsavassamsnsEW 'Bn=n°Ke:o;aq|[eo - wqequeunw-W31 2-maeausu»I am vubmgguaammy5a.<94-4 «#4 am:umm mom smmvsnuxmmoamyvosa-uwv~nvozrsv:ua3«:aue.ao.rn¢na mvdau Awamoa 1124340244 mmsu34:\a>4 smm sonotstmtsduiurw moummwwmswan sum 39 0:3w szxmam Page 173 of 461 Project:PlazaGrcle Extension HARRISDate:27-SEP~17 KOCHERSMITHsazcmszsggnItemUnitQuantityEst.Unit Cost Total 202 Removalof Inlet (Type R)EACH 1 5 2,500 5 2,500 202 Removalof Inlet (Special)EACH 1 5 2,000 5 2,000 202 Removal of Pipe LF 36 S 20 $720 202 Removal of Asphalt Curb LF 221 S 5 5 1,105 202 Removalof Curb and Gutter LF 662 S 10 5 6,620 202 Removalof Concrete Pavement Si!88 $20 5 1,760 202 Removalof Asphalt Mat SY 1,747 5 10 S 17,470 202 Removalof Ground Sign EACH 1 S 200 $200 202 Removalof Fence LF 328 S 9 $2,952 203 Unclassi?edExcavation (CIP)CY 5.010 S 6.00 $30,060 203 Unclassi?edExcavation (Haul)CY 2,626 5 14.00 5 36,764 207 Topsoil CY 1,200 5 6.00 S 7,200 207 Topsoil (Haul)CY 855 5 14.00 5 11,970 208 Erosion Control LS 1 $15,000 5 15,000 210 Adjust inlet (Special)EACH 1 $800 5 800 210 Reset Monument Sign EACH 1 5 15,000 5 15,000 210 Reset SolarCollector EACH 1 S 7,500 $7,500 210 Reset Light Pole EACH 4 5 1,500 S 6,000 210 Reset Ground Sign EACH 3 S 350 5 1,050 210 Adjust Manhole Rim EACH 7 S 500 $3,500 210 Adjust Valve Box EACH 3 $250 5 750 212 Seeding (Native)ACRE 0.7 S 3,500 $2,450 213 Mulching (Crimped Straw)ACRE 0.7 $2,500 $1,750 307 Reconditioning (12 Inch)SY 7,614 $3.00 S 22,842 403 Hot Mix Asphalt(Grading 5)TON 4,145 $90 S 373,050 403 Hot MixAsphalt (GradingSX)TON 576 5 100 S 57,600 412 Concrete Pavement (10 inch)SY 34 $180 $6,120 603 18 Inch Reinforced Concrete Pipe (Class iii)LF S9 5 100 $5,900 603 2 InchPlasticPipe Sleeve LF 264 $25 $6,600 603 3 Incl»PlasticPipe Sleeve LF 88 $35 5 3,080 603 4 Inch Plastic Pipe Sleeve LF 264 $40 5 10,560 504 Inlet Type C EACH 2 5 3,500 5 7,000 604 InletType R L15 EACH 2 S 12,000 5 24,000 608 Concrete Sidewalk(6 Inch)SY 1,768 5 60 S 106,030 608 Concrete Curb Ramp SY 45 $160 $7,200 609 Vertical Curband Gutter LF 2,386 5 30 5 71,580 609 MedianCurband Gutter (Spill)LF 26 $50 5 1,300 609 Gutter Type 2 (8 Foot)LP 18 S 75 $1,350 614 Sign Panel (Class 1)SF 40.5 5 25 $1,013 614 Sign Panel (Class 2)SF 7.5 5 40 S 298 614 Steel Sign Support (2-Inch Round)(Post &Socket)LF 149 S 22 5 3,278 625 Construction Surveying LS 1 5 8.000 S 8,000 626 Mobilization LS 1 5 40,000 5 40,000 627 Pavement Marking Paint GAL 31 S 80 S 2,480 627 ThermoplasticPavement Marking SF 203 $22 $4,466 627 Pre-formedPlastic-PavementMarking SF 69 S 35 5 2,415 630 Traffic Control Ls 1 3 15,000 5 15,000 Total $956,333 EXHIBIT3-PHASE 2 COSTS. Page 174 of 461 Englewood McLellan Reservoir Foundation 1000 Englewood Parkway Englewood, CO 80110 Englewood McLellan Reservoir Foundation September 4, 2018 Al Peterson Douglas County engineering Department 100 Third Street Castle Rock, CO 80104 RE: Highlands Ranch Filing 157 – Plaza Circle Phase II Dear Al, This letter is to indicate that the Englewood McLellan Reservoir Foundation, acting through the City of Englewood, has appropriated or allocated funds in our reserve for the Public Improvements associated with this project for $965,131.00 as per Engineer’s Opinion of Cost. The Englewood McLellan Reservoir Foundation requests a waiver of the requirement in the PIA for a letter of credit for the proposed Public Improvements. In the event that the Foundation or the contractor on behalf of the Foundation fails to comply with all permit conditions and criteria, or receives a violation notice of noncompliance for the project, the County may exercise the right to revoke the waiver of requiring fiscal security. The Foundation will be required to submit security to the County before any Stop Work Order is rescinded or any further work may commence on the project site. Sincerely, Thomas J. Brennan, PE President of Englewood McLellan Reservoir Foundation !000 Englewood Parkway Englewood, CO 80110 303-762-2654 EXHIBIT C Page 175 of 461 BY AUTHORITY ORDINANCE NO. _____ COUNCIL BILL NO. 37 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER ______________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS AND THE CITY OF ENGLEWOOD/ENGLEWOOD McCLELLAN RESERVOIR FOUNDATION WHEREAS, pursuant to the provisions of Article XIV, Section 18(2)(a) of the Colorado Constitution, Section 29-1-203, C.R.S., there is established a means whereby governmental units may cooperate or contract with one another to make the most efficient and effective use of their powers and responsibilities; and WHEREAS, Englewood McLellan Reservoir Foundation (“EMRF”) oversees the development of City owned property surrounding McClellan Reservoir; WHEREAS, EMRF wishes to conclude the Plaza Circle project which includes Plaza Circle – Phase 1, and Plaza Drive east intersection; WHEREAS, the construction of this project will provide necessary access to Highlands Ranch Filing No. 157, Commercial Lots 3, 4, and 5, and will provide access to develop the real property located entirely within Highlands Ranch Filing No. 157; WHEREAS, Douglas County normally requires an irrevocable letter of credit to ensure completion of the necessary infrastructure for any development occurring in the County; and WHEREAS, EMRF is legally unable to provide such a letter and hence Douglas County has agreed to accept an intergovernmental agreement in lieu of such letter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement between the Board of County Commissioners of the County of Douglas and the City of Englewood/Englewood McClellan Reservoir Foundation, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 5th day of November, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of November, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of November, 2018 Page 176 of 461 Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 5th day of November, 2018. Stephanie Carlile Page 177 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Vance Fender DEPARTMENT: Police DATE: November 5, 2018 SUBJECT: CB 36 - Arapahoe County Combined RMS IGA DESCRIPTION: CB 36 - Arapahoe County Combined RMS IGA RECOMMENDATION: Staff recommends the approval, by ordinance, of the Intergovernmental Agreement between the City of Englewood and Arapahoe County, Cherry Hills Village, Greenwood Village, Littleton, Sheridan, and South Metro Fire to utilize Arapahoe County’s contract with Tritech Software Systems to purchase additional required licensing, and to use Arapahoe County’s Inform Records Management System as a single combined RMS system to be hosted and operated by Arapahoe County pursuant to the terms in the Intergovernmental Agreement. PREVIOUS COUNCIL ACTION: In 2017, Ordinance #42 was approved by Council. This was the Intergovernmental Agreement, with the same entities, regarding the consolidated Tritech Computer Aided Dispatch system. That system has been in place thorough Arapahoe County since May, 2018. On October 15, 2018, this council approved the expenditure of $530,156.71 for the Tritech Records Management System that is outlined in this Intergovernmental Agreement. SUMMARY: The police department currently utilizes a records management system by “LogiSYS Systems Inc.”. This RMS system was procured in 1998. This system is quickly approaching end of life and the city Information Technology department is highly recommending we buy and implement a new records management system as soon as practical. In 2018, the Arapahoe County E911 Board purchased a county wide shared Computer Aided Dispatch (CAD) system for every law enforcement agency in the county. This CAD system was developed and sold by “Tritech Software Systems.” All of the dispatch centers in the county are now using this system. Page 178 of 461 The CAD governance board, made up of the Arapahoe County Sheriff, and all of the police chiefs in Arapahoe County have worked with Tritech Software Systems to also purchase a shared/consolidated records management system from Tritech Software Systems that would integrate seamlessly with the shared CAD system. The system is similar to that of the CAD system in that Arapahoe County would be the “hub” of the RMS system and all of the individual agencies would be the “spoke”. One of the major advantages to this consolidation is a much lower purchase price for all agencies. ANALYSIS: As stated above, the RMS system the police department currently utilizes (LogiSYS” was purchased in 1998. The company, “LogiSYS” is also failing. We have an opportunity to procure a new RMS system through Tritech Software Systems. Tritech is one of the largest suppliers of CAD and RMS software in the country. Numerous law enforcement agencies throughout Colorado utilize their software for CAD and RMS. The future of Logistic Systems, Inc. (LogiSYS) causes major concern for the long -term availability of our records management system (RMS). Declining customer base, increased costs associated with services and slow development of new functionality present significant hardships for the company. In an increasingly competitive industry, these factors threaten the long-term viability of Logistic Systems. It is noteworthy that LogiSYS has lost significant long-term staff members the past year, leading to IT concerns about quality of service and retention of experienced support staff. Departures of key personnel also suggest that the end may be near for the company. Further instability negatively affects the company’s ability to generate growth. The limitations of the LogiSYS RMS system become increasingly apparent as we attempt to become more information driven in our policing efforts. The LogisSYS RMS offers minimal functionality and is sharply behind the curve in terms of modern technological capabilities, to say nothing of innovative offerings that emerge daily in the law enforcement industry. These limitations not only inhibit growth, they perpetuate the decline in LogiSYS’ customer base. Denver-area agencies will be contributing to this decline in 2018 and 2019. Littleton, Greenwood Village and Englewood will moved to Tritech CAD earlly in 2018 as part of the Arapahoe County CAD consolidation. Wheat Ridge will be leaving as part of Jefferson County’s consolidation which is expected to go live by the end of this year. All of those agencies, including Englewood were utilizing LogSYS CAD prior to the consolidation. Tritech RMS will allow for less duplication, a consolidation of current software systems involving RMS and property/evidence systems and a seamless integration into the CAD system we are now utilizing. This consolidated RMS system with all law enforcement agencies in Arapahoe County will also allow for countywide information sharing, cost reduction and more efficient software updates and improvements. Page 179 of 461 The question is not if we will move away from LogiSYS RMS but rather when we will do so. The actual question is are we going to navigate this move based on our own schedule allowing sufficient time for proper configuration and data migration or will we “wing it” because we’ve waited until LogiSYS has closed its doors. Keep in mind that a move will involve not only the RMS vendor but also the vendors whose systems interface with RMS -- Coplogic (online reporting), DataWorks (mugshots), Brazos (eticketing), Accurint (crime analysis), and Numerica (data sharing). A change to our records management system will be significantly more complicated than the move to Tritech CAD. FINANCIAL IMPLICATIONS: The financial implications regarding this I.G.A. were addressed on October 15, 2018 when council approved the expenditure of $530,156.71 for the purchase of the Tritech RMS system. ALTERNATIVES: There are no other financial or productive beneficial alternatives to this issue. The LogiSYS RMS system needs to be replaced and upgraded. If we do not replace and upgrade the current RMS system, the I.T. department believes we will be left without a functioning RMS system in the near future. If this IGA is not approved, we would have to purchase a “stand alone” Records Management System which is estimated to cost $250,000.00 - $300,000.00 more than this consolidated system. This consolidated RMS system is necessary, proper and convenient for the continued preservation of the public peace, health, and safety and for providing a more cost effective and efficient use of government resources. CONCLUSION: Staff recommends the approval of this resolution regarding the Tritech consolidated Records Management System (RMS). ATTACHMENTS: Council Bill 36 Arapahoe County Combined Records Management System (RMS) Intergovernmental Agreement Page 180 of 461 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 36 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT AMONG THE COLORADO CITIES OF CHERRY HILLS VILLAGE, ENGLEWOOD, GREENWOOD VILLAGE, LITTLETON, SHERIDAN, AND SOUTH METRO FIRE RESCUE DISTRICT AND ARAPAHOE COUNTY FOR THE ARAPAHOE COUNTY COMBINED RECORDS MANAGEMENT SYSTEM WHEREAS, Article XIV, Section 18 of the Colorado Constitution and Part 2, Article 1, Title 29, Colorado Revised Statutes (C.R.S.), encourage and authorize intergovernmental agreements among government entities to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each; WHEREAS, each of the Parties provide a public safety service within Arapahoe County; WHEREAS, each of the Parties maintain and administer a records management system to manage the collection, maintenance and release of official records of their respective agencies; WHEREAS, the Arapahoe County Sheriff’s Office, through the Arapahoe County Government is currently implementing a new records management system (“RMS”) purchased from Tri-Tech Software Systems; WHEREAS, in order to save costs and increase interoperability among the Parties’ law enforcement agencies, the Parties’ desire to utilize Arapahoe County’s contract with Tri-Tech to purchase additional required licensing, and use Arapahoe County’s RMS system; WHEREAS, it is in the best interest of the Parties to use Arapahoe County’s RMS system as a single, combined RMS system; WHEREAS, the foundation of the system, including all hardware and serve software associated with the RMS system, will be hosted and operated by Arapahoe County pursuant to the terms of the intergovernmental agreement; and WHEREAS, Englewood’s 2019 estimated share of the ongoing operating and maintenance funding for the RMS system is 16.23% for an annual cost of $9,712.18, no federal funds are used. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement among the Colorado Cities of, Cherry Hills Village, Englewood, Greenwood Village, Littleton, Sheridan, and South Metro Fire Rescue District and Arapahoe County for the Arapahoe County Combined Records Management System, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Page 181 of 461 2 Section 2. The Chief of the Englewood Police Department is authorized to execute and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 5th day of November, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of November, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of November, 2018. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for Ordinance introduced, read in full, and passed on first reading on the 5th day of November, 2018. Stephanie Carlile Page 182 of 461 1 ARAPAHOE COUNTY COMBINED RECORDS MANAGEMENT SYSTEM (RMS) INTERGOVERNMENTAL AGREEMENT This Arapahoe County Combined Records Management System (RMS) Intergovernmental Agreement (this “Agreement”) is dated October 18, 2018 (the “Effective Date”), by and among: Arapahoe County on behalf of itself and on behalf of the Arapahoe County Sheriff’s Office (“Arapahoe County”); the City of Cherry Hills Village on behalf of itself and the Cherry Hills Village Police Department (“Cherry Hills Village”); the City of Englewood on behalf of itself and Englewood Police Department (“Englewood”); the City of Greenwood Village on behalf of itself and the Greenwood Village Police Department (“Greenwood Village”); the City of Littleton on behalf of itself and the Littleton Police Department (“Littleton”); and the City of Sheridan on behalf of itself and the Sheridan Police Department (“Sheridan”). South Metro Fire Rescue (“South Metro Fire”) Arapahoe County, Cherry Hills Village, Englewood, Greenwood Village, Littleton, Sheridan and South Metro Fire, are further referred to herein as the “Parties”. Capitalized terms used herein are defined throughout this Agreement. RECITALS A.Each of the Parties provide a public safety service within Arapahoe County. B.The Parties listed herein each maintain and administer a records management system to manage the collection, maintenance and release of official records of their respective agencies. C.The Arapahoe County Sheriff’s Office, through the Arapahoe County Government, is currently implementing a new RMS purchased from Tri-Tech Software Systems. D.In order to save costs and increase interoperability among the Parties’ law enforcement agencies, the Parties desire to utilize Arapahoe County’s contract with Tri-Tech to purchase additional required licensing, and use Arapahoe County's RMS system as a single, combined RMS system. The foundation of the system (including all hardware and server software associated therewith, the “RMS”) will be hosted and operated by Arapahoe County pursuant to the terms of this Agreement. DEFINITIONS A. Combined RMS. The redundant, combined regional records management system (RMS) designed to allow multiple agencies, existing within Arapahoe County, to use a single shared RMS. B. Hardware. The physical computer parts and components constituting the Combined RMS or which are used by a party to interface with, access, or utilize the Combined RMS. Page 183 of 461 Arapahoe County Combined RMS 2 C. Software. Any software, software package, or interface that comprises the Combined RMS or which is used by a Party to interface with, access, or utilize the combined system. D. Hub. That portion of the Combined RMS comprised of all hardware, software and licensing required for the RMS database/file servers, RMS Server. The Hub shall be hosted by Arapahoe County. E. Node. That portion of the Combined RMS comprised of all hardware, software, network connectivity and licensing required for participating agencies to connect with and interface with the Hub. F. RMS Server. Hardware, licensing and software required to allow a range of separately licensed RMS User and Field Based Reporting (FBR) licenses to connect to the RMS server. G. RMS User. Hardware, licensing and software required for accessing and using the RMS system. H. RMS FBR. Hardware, licensing and software required for accessing and using the RMS system for field based reporting. I. CJIS Security Policy. Current version of the Criminal Justice Information Security Policy that contains a minimum set of security requirements for access to Federal Bureau of Investigation Criminal Justice Information Services (CJIS) Division systems and information and to protect and safeguard Criminal Justice Information. J. Network. A wide area network connecting each node to the hub of the Combined RMS AGREEMENT NOW, THEREFORE, in consideration for the recitals, the mutual promises herein, and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the Parties agree as follows: 1. Management of the Combined RMS. The Combined RMS shall be managed by a board (the “Board”) consisting of board members (each a “Board Member”), as further described in this Section 1. a. Duties. The Board shall have oversight of the Combined RMS, providing direction for the operation, administration, and maintenance of the Combined RMS. Arapahoe County will serve as fiscal agent to the Board. b. Parties Entitled to a Board Member Position. i. Each Party is entitled to one Board Member position on the Board; provided, however, that if a Party terminates their participation in this Agreement or elects to utilize a different RMS system or joins another combined RMS system exclusively after the Effective Date, that Party shall no longer be entitled to a Board Member position and such Board member appointment shall be immediately terminated. c. Appointment; Eligibility Each Party shall appoint an employee to serve on the Board. A Party’s Board Member must be employed by that Party. If a Board Member is no longer employed by the appointing Party, the Board Member will Page 184 of 461 Arapahoe County Combined RMS 3 be deemed to have resigned as of the date of separation of employment. Each Board Member shall serve at the pleasure of the CEO of the Party that appointed him or her. i. Each Board Member appointed to serve on the Combined RMS Board shall remain the employee of his or her home jurisdiction and shall, likewise, remain subject to and covered under that Party’s liability and other insurance or self-insurance coverage, in addition to its personnel policies and procedures, inclusive of policies and procedures governing overtime, employment compensation and benefits, worker’s compensation, vacation and sick time, grievances and discipline, job performance review, duty assignments, and termination. All Parties to the Combined RMS agree to cooperate with one another to the extent such assistance is reasonably needed to effectuate this provision. d. Term; Removal and Resignation. Except as otherwise provided herein, there is no limit on the amount of time a person may serve as a Board Member. A Board Member may be removed at any time by the CEO of the LEA Party which appointed the Board Member. A Board Member may resign at any time by giving written notice to the Board and to the CEO of the Party which appointed the Board Member. Unless otherwise stated in the resignation notice, the resignation shall be effective upon receipt by the Board. e. Quorum and Action of the Board; Minutes. A majority of the Board Members of all Parties shall constitute a quorum for the transaction of business. Unless otherwise required by this Agreement, the affirmative vote of a majority of the Board Members present at the time of the vote, if a quorum is present at such time, shall be the act of the Board. Each Board Member shall have one vote. The Board secretary shall keep minutes of each meeting and a record of actions taken. f. Place and Time of Meetings; Notices. The Board may hold meetings from time to time as it may determine, provided that it holds at least two meetings per year. Notice must be given personally or by email to all Board Members at least seven days before the meeting, and said notice shall contain the date, place, and general purpose of the meeting. g. Electronic Participation; Compensation. Board Members may participate in a meeting by means of conference telephone or similar communications equipment, if available, by which all persons can hear each other at the same time, and such participation shall constitute presence in person at the meeting for purposes of quorum and voting. No compensation shall be paid to Board Members for their services on the Board. h. Board Officers. The Board shall annually appoint from the Board Members a chairperson, a secretary, a treasurer, and such other positions as the Board deems necessary, each of whom shall have the responsibilities and obligations customary to such positions. i. Bylaws. By resolution adopted by a majority of all Board Members, the Board may adopt or amend bylaws, including rules governing acceptable attendance by Board Members at meetings. Page 185 of 461 Arapahoe County Combined RMS 4 j. Committees. By resolution adopted by a majority of all Board Members, the Board may designate a committee of at least one Board Member and those other persons that the Board may select. All committees shall serve at the pleasure of the Board. 2. Purchase and Ownership of the Combined RMS. a. Purchase by Arapahoe County. Arapahoe County shall purchase the required server hardware, software, and licensing for the Hub of the Combined RMS. Arapahoe County shall execute a contract in its own name and shall be responsible for all acceptance, warranty, and other contractual issues for the Hub. Arapahoe County shall ensure that the contract permits the use of the Combined RMS for the purposes set forth herein. Arapahoe County will license the RMS Server and Database Server as outlined in attachment “A”, which is attached hereto and made a part of this Agreement. b. Purchase by Other Parties. The other Parties named herein shall be responsible for the purchase of all required hardware, software, licensing and network connectivity specific to their Node that is necessary for such Parties to interface with, access, or utilize the Combined RMS. Each Party shall execute a contract in their own name and shall be responsible for all acceptance, warranty and other contractual arrangements regarding their respective Node. c. Installation. Arapahoe County shall provide project management services and coordinate the installation and implementation of the Hub of the Combined RMS. Other Parties shall provide project management services and coordinate the installation and implementation of their respective Node of the Combined RMS. Arapahoe County shall provide resource support to the other Parties’ projects to establish the connectivity and configuration of the Combined RMS d. Ownership of the Combined RMS. Arapahoe County shall own the hardware, software and licensing that comprises the Hub of the Combined RMS, and each other Party shall own or be responsible for the hardware, software and licensing that comprises their individual Nodes of the Combined RMS. 3. Operation and Maintenance of the Combined RMS. a. Arapahoe County. Under the direction of the Board, Arapahoe County shall operate, provide system administration, and maintain the Hub of the Combined RMS on behalf of the Parties. i.Arapahoe County shall use reasonable security measures, as required within the CJIS Security Policy, to ensure the physical and electronic security of the Combined RMS. Any security breach must be immediately reported to Arapahoe County Information Technology Department and the Board through protocols set by the Board. ii. Arapahoe County shall use its reasonable best efforts to ensure that the Combined RMS remains functional and operational to all Parties. All Parties recognize that maintenance of the Combined RMS, such as patches Page 186 of 461 Arapahoe County Combined RMS 5 and upgrades, will be necessary. The impact of such patches and upgrades will be thoroughly evaluated, tested and communicated by Arapahoe County prior to implementation in the production environment. Arapahoe County will work with the Parties in scheduling and obtaining approval for such patches and upgrades. iii. Arapahoe County will perform and maintain reasonable backups for the Hub of the Combined RMS. iv. Arapahoe County shall operate and maintain a geographically distinct disaster recovery site for the Hub of the Combined RMS. b. Other Parties. All Parties, except Arapahoe County, shall operate, maintain, and administer functions specific to their Node and use their best reasonable efforts to ensure that the hardware, software and network under their responsibility is operational in concert with the Combined RMS at all times. i. All Parties shall use reasonable security measures, as required within the CJIS Security Policy, to ensure the physical and electronic security of their Node. ii. Each Party shall designate two representatives to act as primary and secondary points of contact (POC) with Arapahoe County. The points of contact responsibilities shall include: 1. Direct coordination and interaction with Arapahoe County support staff; 2. Communication with general public supported by each Party; 3. Follow Arapahoe County’s procedures to report an application incident; 4. Provide initial application support and RMS administrator services specific to the Party’s Node for Party’s users prior to logging an incident with Arapahoe County; 5. Request technical support from Arapahoe County; and 6. Test the Combined RMS system in conjunction with Arapahoe County, at the times and locations mutually agreed upon by Arapahoe County and Other Parties named herein. 7. Contact information for the primary and secondary POCs shall be provided to Arapahoe County so that they may be contacted, if necessary, 24 hours per day, 7 days a week. c. System Support. i.Any incident specific to a Party’s node will be handled by that Party’s IT support. ii.Any incident that is global to the Combined RMS or incidents associated with the Combined RMS requiring assistance from Arapahoe County must be reported to the Arapahoe County Information Technology Department service desk by predetermined points of contacts for each Party named herein. The service desk is staffed to provide support during normal business hours of 7:00 a.m. to 6:00 p.m., MT, Monday – Friday excluding holidays. After hours support is available through the service desk for Page 187 of 461 Arapahoe County Combined RMS 6 Critical and High Severity issues 24 hours a day, 7 days a week (See attachment B, which is attached hereto and made a part of this agreement). All Parties may track the status of the incident by calling Arapahoe County Service Desk and providing the incident number. iii. Arapahoe County support costs for specific issues or requests by a Party will be charged at the loaded employee pay rate (total employee cost) for each Arapahoe County employee who participated and spent time on the solution, following the first cumulative hour of Arapahoe County support work. d. Confidentiality of Data. All data provided to the Combined RMS database housed at Arapahoe County by any Party remains the property of said Party. No Party, other than the owner of the data provided, shall be permitted to access, disclose, transfer or otherwise communicate to any third party said data for any purpose, without the express consent of the owner of the data. e. Insurance. i.General. Arapahoe County shall maintain sufficient insurance on the Hub of the Combined RMS to repair or replace the same in the event of its damage or destruction. Each other Party shall maintain sufficient insurance on their respective Nodes to repair or replace the same in the event of its damage or destruction. ii.Liability. Arapahoe County shall maintain commercial general liability insurance on the Hub, and each other Party will maintain commercial general liability insurance on their respective Node with limits of not less than $330,000 per person/$990,000 per occurrence, or such greater amounts as may be set forth as the limits of liability under the Colorado Governmental Immunity Act. Each Party shall provide proof of such insurance to the Board in the form of a Certificate of Insurance. Page 188 of 461 Arapahoe County Combined RMS 7 f. Operation and Maintenance Costs. i.General. Parties may be charged annual operation and maintenance costs that are reasonably related to the operation of the Combined RMS. All such costs will be allocated to each Party as a percentage of total costs based on the number of RMS User and RMS User FBR licenses licensed by that Party as set forth in Attachment “A” or as otherwise set forth herein. These costs will include but are not limited to: Annual maintenance payments to the RMS vendor; Infrastructure costs; and other 3rd party shared licensing and/or maintenance costs related to the operation of the Combined RMS system. The estimates of the costs assessed to each original Party are set forth in Attachment “A." All Parties understand that Attachment "A" reflects estimated costs as of May, 2018. All Parties understand that the actual costs may increase or decrease based on the actual number of RMS User and RMS User FBR licensing purchased by each Party. All payments will be made to Arapahoe County as fiscal agent for the Board unless other payment arrangements are approved by the Board. ii.Annual maintenance fees; billing. The Combined RMS system is expected to be implemented for all Parties by 2019. Within sixty (60) days of implementation of the Combined RMS for all Parties, Arapahoe County will confirm the number of RMS User and RMS User FBR licenses licensed by each Party, and, with the approval of the Board, readjust the percentage of costs allocated to each Party, if necessary, as outlined in Attachment “A”. On that basis, Arapahoe County will establish and invoice the proportionate share of annual maintenance fees due from each Party for the upcoming year for support and maintenance costs as outlined in attachment “A”. To the extent practicable, Arapahoe County will notify the Parties of these anticipated payment obligations no fewer than sixty days before the payment is due. Each Party will pay the amount invoiced to Arapahoe County within thirty days after the date of the invoice. This readjustment, reallocation, and invoice process will continue through the Initial and any Renewal Term of this Agreement. iii.Other Fees, Charges, and Assessments. The Parties agree that while they have made every reasonable attempt to ensure that all costs necessary to establish, operate, and maintain the Combined RMS are set forth in Attachment "A", the Parties understand and acknowledge that it is not possible to anticipate every expense necessary to establish, operate, and maintain the Combined RMS. The Board may assess any other fee, charge, or assessment that is reasonably related to establishing, operating, or maintaining the Combined RMS. Should this occur, Parties will be invoiced for the amounts due in the same manner as set forth in this section 3 with all payments made to Arapahoe County as the fiscal agent to the Board. iv.Addition or Termination of Parties. Should a Party be added to this Agreement under section 5, or should a Party terminate its participation in Page 189 of 461 Arapahoe County Combined RMS 8 or be terminated from this Agreement under section 6, Arapahoe County will, after consultation with the remaining Parties to the Agreement, reestablish the number of RMS User and RMS User FBR licenses licensed for each Party, and, with the approval of the Board, readjust the percentage of costs allocated to each Party and take any other action necessary to ensure that the amounts charged to each Party after the date of such addition or termination of Parties are in conformance with this section. v.Payments Nonrefundable. Except as otherwise set forth in section 7 about the termination of this Agreement, any payment that is made by any Party to Arapahoe County as fiscal agent for the Board is not refundable. vi.Party Equipment. Any equipment that is necessary to maintain a Party's connection to the Combined RMS will be purchased and maintained by that Party. Such equipment will be and remain the property of the Party that purchased the equipment. vii.Costs of Data Conversion. Each Party is responsible for all costs associated with converting or transferring its existing individual Party records into the Combined RMS. 4. Use of the Combined RMS. a. Use by Parties. Each Party may connect to the Combined RMS and use the Combined RMS as its primary Records Management System. Each Party shall be responsible for its own costs associated with additional licensing of and connection to the Combined RMS, as provided by attachment C. b. Access to Records. Only the Parties' employees, or employees of non-Party agencies or entities authorized by the Board may access shared Criminal Justice Records in the Combined RMS. All persons with access to the Criminal Justice Records must first pass a background screening process deemed adequate by the Board. c. Records Custody and Control. Each Party will retain custody and control of, and will remain the official custodian of, any Criminal Justice Records the Party enters or maintains in the Combined RMS, and any such records that it agrees to share with any of the other participating Parties as set forth herein. No Party will release any Criminal Justice Records belonging to the other Parties pursuant to a request under Article 72 of Title 24 of the Colorado Revised Statutes. Each Party is responsible for responding to a subpoena or a court order relating to its own Criminal Justice Records i. Each Party shall have exclusive control over Criminal Justice Records that belong to that Party and shall have control over what access, if any, is granted to or what Criminal Justice Records, if any, are shared with any other Party or Parties to this Agreement. Nothing in this Agreement shall be construed as requiring any Party to provide access to, or share Criminal Justice Records with any other Party via the Combined RMS. Page 190 of 461 Arapahoe County Combined RMS 9 d. Software. i. Each Party shall grant usage rights to the other Parties for Software owned by each Party. The Party granting such usage rights shall remain the owner of the Software. ii. Each Party shall grant usage right to the other Parties for Software licensed by such Party to the extent permitted by the underlying licensed agreement. e. Additional Hardware or Software; Costs. Each Party is responsible for purchasing, owning, and insuring any hardware or software specific to such Party that is necessary for that Party’s interface with, access to, or utilization of the Combined RMS; provided, however, that such hardware or software must be approved in advance by the Board with guidance from Arapahoe County Information Technology Department. 5. Addition of Parties. Only Parties to this Agreement may connect to and use the Combined RMS. Upon the approval of the Board, a governmental entity may become a Party to this Agreement by executing a joinder to this Agreement in a form reasonably acceptable to the Board. Prior to the approval of the Board, Arapahoe County will provide recommendations to the Board on any additional server licensing, IT system changes (network, disk capacity, server, database, bandwidth, etc) needed to accommodate the addition of the new Party. Each new Party will be responsible for all new licensing and IT related costs, including hardware, software and labor expenses associated with each new party joining the Combined RMS system. 6. Withdrawal of Parties. A Party may withdraw from this Agreement by giving written notice to the Board on or before June 30 of a given year and the withdrawal will be effective on December 31 of that year unless the notice specifies a later date. A withdrawing Party will remain liable for all financial obligations hereunder until the effective date of the withdrawal. Upon withdrawal, a Party shall no longer be entitled to connect to, use, or access the Combined RMS. Each Party is responsible for all costs associated with converting or transferring that Party’s existing individual records out of the Combined RMS. 7. Term and Termination. This Agreement shall be effective as of the Effective Date and may be terminated by the written agreement of at least 75% of the then-current Parties. Upon termination, no Party shall be entitled to use the Combined RMS, the Combined RMS shall remain the property of Arapahoe County (and Arapahoe County may use or dispose of the same in its discretion), and all other assets owned by a Party shall remain the property of that Party. Any money held by Arapahoe County as fiscal agent for the Board shall be used to reimburse Arapahoe County for reasonable costs associated with terminating the Combined RMS, provided such costs are separately accounted for and documented and made available to all Parties. If any money remains after such reimbursement, it will be distributed to the Parties who paid such funds proportionally Page 191 of 461 Arapahoe County Combined RMS 10 based on a percentage of the total number of RMS User and FBR licenses licensed by each Party. 8. NO WARRANTIES. THE PARTIES MAKE NO WARRANTIES TO EACH OTHER, EITHER EXPRESS OR IMPLIED, UNDER THIS AGREEMENT, AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. 9. LIMITATION OF DAMAGES. IN NO EVENT WILL ANY PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. General Terms. a. Employee Costs. Except as otherwise provided herein, each Party shall be solely responsible for any costs associated with its own employees’ time and expenses associated with the performance of this Agreement. b. Further Assurances. Each Party shall execute all further documents and take all further acts reasonably necessary or appropriate to carry out the intent of this Agreement. c. Amendments. Amendments to this Agreement must be in writing and signed by all Parties. d. Entire Agreement. This Agreement is the complete and exclusive statement of all agreements between the Parties, and this Agreement supersedes all prior proposals and understandings, oral and written, relating to the subject matter hereof. e. Assignment. No Party may assign this Agreement or delegate any obligation, in whole or in part, to any third party without the other Parties’ prior written consent. f. Governing Law and Forum. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado, without reference to conflict of laws principals. Venue for any civil action relating to this Agreement shall be in state court located in Arapahoe County, Colorado. g. JURY TRIAL WAIVER. TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES ANY RIGHT IT HAS OR MAY HAVE TO A JURY TRIAL IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. h. Dispute Resolution. If any claim, disagreement, issue, or dispute arising out of or in connection with this Agreement (a “Dispute”) between any of the Parties cannot be resolved by those Parties, one or more of the Parties to the Dispute shall notify the Board of the Dispute by delivering a written statement to the Board specifying the nature of the Dispute (each Party to the Dispute may, if desired, submit a written statement). Each of the Parties to the Dispute shall appoint a senior level representative. The Chair of the Board shall schedule a time for the authorized representatives to meet in person. Beginning on the date of the meeting and ending no less than 21 days thereafter (the “Resolution Period”), the Parties to the Dispute shall attempt in good faith to resolve the Dispute. NO PARTY MAY INITIATE ANY COURT OR ADMINISTRATIVE ACTION, SUIT, OR Page 192 of 461 Arapahoe County Combined RMS 11 PROCEEDING AGAINST ANY OTHER PARTY UNDER THIS AGREEMENT UNTIL THE END OF THE RESOLUTION PERIOD. i. Liabilities of the Parties. The Parties shall have no obligation whatsoever to assume any responsibility or liability hereunder for the acts or omissions of any other Party. j. Governmental Immunity. Nothing in this Agreement shall be deemed a waiver of any Party’s privileges, limitations and immunities pursuant to the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq., as same may be amended. k. No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties and their respective successors and permitted assigns. Nothing in this Agreement confers any rights or remedies on any persons other than the Parties and their respective successors and permitted assigns. l. Severability. If any term or condition of this Agreement is held to be invalid or unenforceable, then the term or condition may be modified or amended by the court to render it enforceable to the maximum extent permitted. If modification or amendment is not practicable, then the term or condition shall be severed from this Agreement with no effect upon the remaining terms and conditions of this Agreement. m. Force Majeure. No Party shall be liable for any delay in or failure of performance of any obligation, nor shall any delay or failure constitute default or give rise to any liability, if and only to the extent that such delay or failure is caused by a “force majeure” event. “Force majeure” means acts of God, acts of the public enemy, unusually severe weather, fires, floods, epidemics, quarantines, strikes, labor disputes and freight embargoes, or other causes that are not within such Party’s control, to the extent such events were not the result of, or were not aggravated by, the acts or omissions of the non-performing or delayed Party. n. Waiver. No covenant or term of this Agreement shall be deemed to be waived by any Party except in a writing signed by a person authorized by such Party, and any waiver of a right shall not be construed to be a waiver of any other right or to be a continuing waiver. o. Non-Appropriation. Pursuant to Colorado Constitution Article X Section 20 and C.R.S. § 29-1-110, as amended, the financial obligations of the Parties beyond the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available by the Parties legislative body. p. Headings. Descriptive headings in this Agreement are for convenience only and shall not control or affect the meaning or construction of any provisions of this Agreement. q. Counterparts. This Agreement may be executed and delivered in counterparts (including by means of electronic signatures), all of which taken together will constitute one and the same agreement. r. Notices. Notices to be provided under this Agreement shall be given in writing either by hand delivery, or deposited in the United States Mail, with sufficient postage, to the following addresses: Page 193 of 461 Arapahoe County Combined RMS 12 Arapahoe County 13101 E Broncos Parkway Centennial, CO 80112 Englewood Police 3615 S. Elati St. Englewood, CO 80110 Littleton Police (with copy to City Attorney) City of Littleton 2255 W. Berry Ave. Littleton, CO 80120 South Metro Fire Rescue 9195 E. Mineral Ave. Centennial, CO 80112 Cherry Hills Village Police 2450 E. Quincy Ave. Cherry Hills Village, CO 80113 Greenwood Village Police 6060 S. Quebec St. Greenwood Village, CO 80111 Sheridan Police 4101 S. Federal Blvd. Sheridan, CO 80110 [signature page follows] Page 194 of 461 Arapahoe County Combined RMS 13 [signature page] IN WITNESS WHEREOF, the Parties are executing this Agreement to signify their acceptance of all the terms and conditions stated above, to be effective as of the Effective Date, regardless of the date of actual signature. ARAPAHOE COUNTY CITY OF CHERRY HILLS VILLAGE By: .....................................................................By: ..................................................................... Name: Name: Title: Title: Date: ..................................................................Date: .................................................................. CITY OF ENGLEWOOD CITY OF GREENWOOD VILLAGE By: .....................................................................By: ..................................................................... Name: Name: Title: Title: Date: ..................................................................Date: .................................................................. CITY OF LITTLETON CITY OF SHERIDAN By: .....................................................................By: ..................................................................... Name: Name: Title: Title: Date: ..................................................................Date: .................................................................. SOUTH METRO FIRE RESCUE By: ..................................................................... Name: Title: Date: .................................................................. Page 195 of 461 Arapahoe County Combined RMS 14 Attachment A Inform RMS Licensing (not finalized) The following is each agency’s current licensed and requested licensing for the Combined RMS system. The “Currently Licensed Column” indicates whether the licensing has already been purchased (“Yes” = licensing has been purchased, “No” = licensing still needs to be purchased). Allocated Licensing amount for each agency is subject to change based on availability of unused licensing and the purchase of additional licenses. Agency Description License Type Amount Currently Licensed All Agencies Inform RMS Server Software (Number of RMS User and concurrent RMS FBR User that are licensed to connect to the RMS Server). Server (E -101 – 250 RMS Users) Yes All Agencies Microsoft SQL Server Enterprise Server 4 Cores Yes Arapahoe Sheriff Inform RMS & FBR Users Client 170 Yes Greenwood Village PD Inform RMS & FBR Users Client 55 No Englewood PD Inform RMS & FBR Users Client 62 No Littleton PD Inform RMS & FBR Users Client 60 No Sheridan PD Inform RMS & FBR Users Client 12 No Cherry Hills PD Inform RMS & FBR Users Client 17 No South Metro Fire Rescue Inform RMS & FBR Users Client 6 No Cost Allocation Each Party’s annual maintenance cost for the Combined RMS is based on a percentage of the total number of RMS User and FBR licenses licensed by each Party. The following methodology will be used in determining the annual Combined RMS costs for each Party. Methodology: Each Party is solely responsible for the cost of renewing the annual maintenance for their licensed RMS User and FBR licenses. Each Party is solely responsible for the cost of renewing the annual maintenance on any interfaces, RMS Modules, additional software or licensing that is only used by that said Party. Parties will share the responsibility for the cost of renewing the annual maintenance on any shared Combined RMS module licensing, and/or interfaces in which is used by each Party. Page 196 of 461 Arapahoe County Combined RMS 15 Parties will share the responsibility for the cost of renewing the Combined RMS annual maintenance on the RMS production system, test and training systems, RMS disaster recovery system, and virtual replication software licensing for all production virtual servers dedicated for the Combined RMS. All Parties will share the responsibility of the annual cost for renewing SQL Server Enterprise Software Assurance licensing based on the current licensing model dictated by Microsoft for the licensing required for the Production RMS web and RMS classic SQL servers. All Parties will share the responsibility of the cost for refreshing hardware for one (1) blade server. Cost will be spread out using the average cost to purchase new hardware over a 4-year period. The annual total maintenance cost for TriTech Licensed Software, per the Arapahoe County contract with TriTech, will increase at a rate of 3% each year. Agency RMS/FBR Licenses Percentage Arapahoe County Sheriff's Office 170 44.50% Cherry Hills Village PD 17 4.45% Englewood PD 62 16.23% Greenwood Village PD 55 14.40% Littleton PD 60 15.71% Sheridan PD 12 3.14% South Metro Fire Rescue 6 1.57% Total 382 100.00% Funding Administration Arapahoe County Government will act as the fiscal agent for the board and all participating Agencies and will be responsible for the following: Payment of vendor invoices for shared software licensing maintenance costs defined within this agreement. Invoicing each Agency for their portion of the Hardware Refresh Replacement fund & shared Software Maintenance Costs. Page 197 of 461 Ongoing Funding Requirement (starting in 2019) RMS Server Hardware and Software Maintenance Costs Agency - Percentage SQL Server Ent SA Licensing (4 Cores) Inform RMS Server (Production) Inform RMS Server (Test & Training) Inform RMS Server (DR) Zerto Replication (5 Licenses) Hardware Replacement (1 Blade)Total Cost Arapahoe County 44.50%$11,570.00 $10,285.29 $1,262.02 $631.01 $1,212.14 $1,668.75 $26,629.20 Cherry Hills Village PD 4.45%$1,157.00 $1,028.53 $126.20 $63.10 $121.21 $166.88 $2,662.92 Englewood PD 16.23%$4,219.80 $3,751.24 $460.28 $230.14 $442.09 $608.63 $9,712.18 Greenwood Village PD 14.40%$3,744.00 $3,328.27 $408.38 $204.19 $392.24 $540.00 $8,617.09 Littleton PD 15.71%$4,084.60 $3,631.05 $445.54 $222.77 $427.92 $589.13 $9,401.01 South Metro Fire 1.57%$408.20 $362.87 $44.53 $22.26 $42.77 $58.88 $939.50 Sheridan PD 3.14%$816.40 $725.75 $89.05 $44.53 $85.53 $117.75 $1,879.00 Total 100.00%$26,000.00 $23,113.00 $2,836.00 $1,418.00 $2,723.90 $3,750.00 $59,840.90 Note: The cost provided for each agency is an estimate on the current expected costs for 2019. The amounts above is in addition to any other licensing and maintenance costs that each Agency may have with the RMS vendor. Page 198 of 461 Attachment B Incident Priority Classification Priority Level Description P1 – Priority Level 1 Critical – a major loss of a mission critical system or service; or loss of access to a customer group which performs work which is critical to business; a full service or major system outage; use of all available resources until resolved, on-call procedures activated and vendor support invoked. Impacts recognized are in the loss of major assets, resources, or sensitive data; may cause signification financial loss; may impede the organization’s mission, reputation or interest. P2 – Priority Level 2 High; high impact – an incident affecting an individual; or an incident with a loss of service to multiple customers on critical business function; completely impacts the user’s ability to do work or an issue that impacts a VIP [includes Dept. Directors; Elected Officials; Undersheriff; Chiefs]; IT support resources respond, assess the situation and may interrupt other staff working on low or medium priority jobs for assistance. P3 – Priority Level 3 Medium; marginal impact – an incident with limited impact and which is not critical to business, partially impacts the user’s ability to do work or one for which a workaround exists; respond using standard procedures and operating within normal supervisory management structures; may cause minor damage, financial loss and result in negative publicity for the organization; minor system outage; minor delay. P4 – Priority Level 4 Low; negligible impact – an incident with inconsequential impact and which is noncritical to business; may only affect 1 customer; has no impact on the user’s ability to do work; response using standard operating procedures and as time permits. P5 – Priority Level 5 Planned or Scheduled Request – a scheduled request for moves, adds, deletes / retire, change. This is tied to the Request Fulfillment process and RFC Standard (pre-approved changes); or an informational request Page 199 of 461 Attachment C Arapahoe County Cherry Hills Village Englewood Greenwood Village Littleton Sheridan South Metro Fire Hub x Node x x x x x x Node network connectivity to Hub x x x x x x RMS Server licensing x x x x x x x RMS User licensing x x x x x x x RMS FBR licensing x x x x x x x Interfaces specific to each Party x x x x x x x Page 200 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: November 5, 2018 SUBJECT: CB 29 - 2019 Budget Ordinance DESCRIPTION: CB 29 - 2019 Budget Ordinance RECOMMENDATION: Staff recommends City Council approve an ordinance adopting the 2019 Budget. PREVIOUS COUNCIL ACTION: The 2019 initial budget projections were discussed with City Council on March 26, 2018. Staff met with City Council to discuss the policy issues guiding the creation of the proposed 2019 budget on the following dates: April 9th, April 23rd, and June 4th. The City Manager's Office provided an overview of the 2019-2023 Capital Improvement Plan and staff provided an overview of the operating budget supporting Strong Infrastructure and Community Parks on June 11th. On June 25th, the operating budget focusing on the following goals were discussed: Safe, Fun, Active and Engaged Community; Organizational Excellence; Sustainable Natural Environment and Historic Past, Smart Future. Two Community Outreach events for the budget process were held on July 11th and July 18th. The proposed 2019 Budget updates were provided on August 8, August 27 and August 28, 2018. The 2019 Proposed Budget for the City of Englewood, the 2019 Proposed Budget for the South Platte Water Renewal Partners and the 2019 Proposed Revenue Manual for the City of Englewood were posted to the City's website on September 7, 2018 and printed copies were available on September 7, 2018. A public hearing to gather citizen input regarding the 2019 Proposed Budget was held on September 17, 2018. On September 24, 2018, a City Council Study Session was held to address recommendations for the 2019 Proposed Budget. Additional questions received from Council to Staff were addressed at an October 8, 2018 Study Session. SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The City of Englewood 2019 Budget was developed over the past five months with significant collaboration between Englewood residents, the City Council, and City staff. This year's budget process Page 201 of 461 leveraged our collective capacity to deliver quality city services, enhance public safety, and reinvigorated our existing city infrastructure. Despite our fiscal challenges, this budget maintains our commitments through 2019. However, continued long-term planning and prioritization with the City Council and community is necessary to ensure sustainability into the future. ANALYSIS: The City of Englewood 2019 Budget is a structurally balanced budget, as required by City Charter and Resolution No. 51, Series 2016. This means that across all funds, the City's Revenues in addition to the beginning Fund Balance meet or exceed the City's Expenditures. The estimated ending Governmental Fund Balances for 2019 is $19,464,862. The estimated ending Proprietary Fund Balances for 2019 is $18,300,214. The City's Funds are detailed in attached Table 1 - 2019 Consolidated Budget Summary Sources and Uses by Fund. FINANCIAL IMPLICATIONS: Please see attached Table 1 - 2019 Consolidated Budget Summary Sources and Uses by Fund. ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year. CONCLUSION: Staff supports this 2019 Budget and is looking forward to Council direction in addressing future budgets. ATTACHMENTS: Council Bill 29 Table 1 - 2019 Consolidated Budget Summary Sources and Uses by Fund Page 202 of 461 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 29 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2019. WHEREAS, pursuant to the provisions of Part I, Article X, of the Charter of the City of Englewood, Colorado, a budget for fiscal year 2019 was duly submitted by the City Manager to the City Council on September 10, 2018; and WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 17, 2018. Regular notice of the time and place of said hearing was published within seven days after submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood has studied and discussed the budget on numerous occasions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That the budget of the City of Englewood, Colorado, for fiscal year 2019, as submitted by the City Manager, duly considered by the City Council and with changes made by the City Manager to reflect Council discussion after public hearing, is adopted as the budget for the City of Englewood for the fiscal year 2019. Page 203 of 461 2 Section 2. GENERAL FUND 2019 BUDGET Total Fund Balance, January 1, 2019 15,241,922$ REVENUES Sales/Use Tax 29,904,086$ Property and Specific Ownership Tax 4,452,000$ Franchise/Occupation/Cigarette Tax/Hotel 3,736,000$ License/Permits 1,329,743$ Intergovernmental Revenue 1,231,024$ Charges for Services 2,992,299$ Cultural & Recreation 2,816,549$ Fines & Forfeitures 890,950$ Interest 59,946$ Contribution from Component Units 1,548,000$ Other 518,457$ Total Revenues 49,479,054$ Other Financing Sources 123,599$ Total Sources of Funds 49,602,653$ EXPENDITURES Legislation 336,032$ City Manager's Office 7,286,214$ City Attorney's Office 914,044$ Municipal Court 1,154,896$ Human Resources 837,447$ Finance and Administrative Services 1,696,121$ Information Technology 3,367,836$ Community Development 2,525,060$ Public Works 6,669,193$ Police 14,642,956$ Parks, Recreation and Library Services 7,899,809$ Communications 486,312$ Contingencies 218,313$ Debt Service 1,568,159$ Total Expenditures 49,602,392$ Other Financing Uses 3,100,000$ Total Uses of Funds 52,702,392$ Total Fund Balance, December 31, 2019 12,142,183$ Page 204 of 461 3 Section 3. SPECIAL REVENUE FUNDS Conservation Trust Fund Fund Balance, January 1, 2019 215,413$ Revenues 310,000$ Expenditures 312,000$ Fund Balance, December 31, 2019 213,413$ Donors Fund Fund Balance, January 1, 2019 594,565$ Revenues 106,085$ Expenditures 622,560$ Fund Balance, December 31, 2019 78,090$ Parks and Recreation Trust Fund Fund Balance, January 1, 2019 453,529$ Revenues 2,500$ Expenditures 5,000$ Fund Balance, December 31, 2019 451,029$ Malley Center Trust Fund Fund Balance, January 1, 2019 228,646$ Revenues 3,000$ Expenditures 35,000$ Fund Balance, December 31, 2019 196,646$ Open Space Fund Fund Balance, January 1, 2019 600,356$ Revenues 805,000$ Expenditures 774,755$ Fund Balance, December 31, 2019 630,601$ Page 205 of 461 4 Section 4. DEBT SERVICE FUNDS General Obligation Bond Fund- Recreation Fund Balance, January 1, 2019 57,210$ Revenues 1,102,000$ Expenditures 1,110,800$ Fund Balance, December 31, 2019 48,410$ General Obligation Bond Fund-Police Headquarters Fund Balance, January 1, 2019 975,515$ Revenues 2,202,500$ Expenditures 2,216,013$ Fund Balance, December 31, 2019 962,002$ Page 206 of 461 5 Section 5. CAPITAL PROJECT FUNDS Public Improvement Fund Fund Balance, January 1, 2019 1,639,130$ Revenues 4,200,000$ Expenditures 3,935,000$ Transfer In -$ Transfer Out 123,599$ Fund Balance, December 31, 2019 1,780,531$ Capital Projects Fund Fund Balance, January 1, 2019 558,494$ Revenues 50,000$ Expenditures 3,100,250$ Transfer In 3,100,000$ Fund Balance, December 31, 2019 608,244$ Police Headquarters Construction Fund Fund Balance, January 1, 2019 16,520,750$ Revenues 105,000$ Expenditures 14,272,037$ Fund Balance, December 31, 2019 2,353,713$ Page 207 of 461 6 Section 6. ENTERPRISE FUNDS Water Fund Fund Balance, January 1, 2019 12,016,204$ Revenues 8,790,323$ Expenditures 10,322,681$ Fund Balance, December 31, 2019 10,483,846$ Sewer Fund Fund Balance, January 1, 2019 4,917,945$ Revenues 17,860,970$ Expenditures 22,263,250$ Fund Balance, December 31, 2019 515,665$ Storm Drainage Fund Fund Balance, January 1, 2019 703,330$ Revenues 682,514$ Expenditures 612,967$ Fund Balance, December 31, 2019 772,877$ Golf Course Fund Fund Balance, January 1, 2019 1,009,861$ Revenues 2,308,800$ Expenditures 2,235,798$ Fund Balance, December 31, 2019 1,082,863$ Concrete Utility Fund Fund Balance, January 1, 2019 865,211$ Revenues 884,200$ Expenditures 1,056,497$ Fund Balance, December 31, 2019 692,914$ Housing Rehabilitation Fund Fund Balance, January 1, 2019 1,039,172$ Revenues 469,900$ Expenditures 659,850$ Fund Balance, December 31, 2019 849,222$ Page 208 of 461 7 Section 7. INTERNAL SERVICE FUNDS Central Services Fund Fund Balance, January 1, 2019 11,993$ Revenues 155,000$ Expenditures 159,925$ Fund Balance, December 31, 2019 7,068$ Servicenter Fund Fund Balance, January 1, 2019 927,518$ Revenues 2,439,714$ Expenditures 2,594,583$ Fund Balance, December 31, 2019 772,649$ Capital Equipment Replacement Fund Fund Balance, January 1, 2019 1,921,626$ Revenues 1,005,576$ Expenditures 1,478,234$ Fund Balance, December 31, 2019 1,448,968$ Risk Management Fund Fund Balance, January 1, 2019 1,091,083$ Revenues 1,374,604$ Expenditures 1,363,826$ Fund Balance, December 31, 2019 1,101,861$ Employee Benefits Fund Fund Balance, January 1, 2019 561,577$ Revenues 6,114,951$ Expenditures 6,104,247$ Fund Balance, December 31, 2019 572,281$ Section 8. That the said budget shall be a public record in the office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full, and passed on first reading on the 15th day of October, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 18th day of October, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 17th day of October, 2018 Read by Title and passed on final reading on the 5th day of November, 2018. Page 209 of 461 8 Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 8th day of November, 2018. Published by title on the City’s official website beginning on the 7th day of November, 2018 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2018. Stephanie Carlile Page 210 of 461 City of Englewood, Colorado 2019 Consolidated Budget Summary Sources and Uses By Fund Governmental Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance General Fund 15,241,922 49,602,653 52,702,392 12,142,183 Special Revenue Funds Conservation Trust Fund 215,413 310,000 312,000 213,413 Donors Fund 594,565 106,085 622,560 78,090 Malley Center Trust Fund 228,646 3,000 35,000 196,646 Parks & Recreation Trust Fund 453,529 2,500 5,000 451,029 Open Space Fund 600,356 805,000 774,755 630,601 Total Special Revenue Funds 2,092,509 1,226,585 1,749,315 1,569,779 Debt Service Fund General Obligation Bond Fund 57,210 1,102,000 1,110,800 48,410 Police HQ GO Bond 975,515 2,202,500 2,216,013 962,002 Total Debt Service Fund 1,032,725 3,304,500 3,326,813 1,010,412 Capital Projects Funds Public Improvement Fund 1,639,130 4,200,000 4,058,599 1,780,531 Capital Projects Fund 558,494 3,150,000 3,100,250 608,244 Police HQ Construction Fund 16,520,750 105,000 14,272,037 2,353,713 Total Capital Projects Funds 18,718,374 7,455,000 21,430,886 4,742,488 Total Governmental Funds 37,085,530 61,588,738 79,209,406 19,464,862 Proprietary Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Enterprise Funds Water Fund 12,016,204 8,790,323 10,322,681 10,483,846 Sewer Fund 4,917,945 17,860,970 22,263,250 515,665 Stormwater Drainage Fund 703,330 682,514 612,967 772,877 Golf Course Fund 1,009,861 2,308,800 2,235,798 1,082,863 Concrete Utility Fund 865,211 884,200 1,056,497 692,914 Housing Rehabilitation Fund 1,039,172 469,900 659,850 849,222 Total Enterprise Funds 20,551,723 30,996,707 37,151,043 14,397,387 Internal Service Funds Central Services Fund 11,993 155,000 159,925 7,068 ServiCenter Fund 927,518 2,439,714 2,594,583 772,649 Capital Equipment Replacement Fund 1,921,626 1,005,576 1,478,234 1,448,968 Risk Management Fund 1,091,083 1,374,604 1,363,826 1,101,861 Employee Benefits Fund 561,577 6,114,951 6,104,247 572,281 Total Internal Service Funds 4,513,797 11,089,845 11,700,815 3,902,827 Total Proprietary Funds 25,065,520 42,086,552 48,851,858 18,300,214 Total All Funds 62,151,050 103,675,290 128,061,264 37,765,076 1 Page 211 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: November 5, 2018 SUBJECT: CB 30 - SPWRP 2019 Budget Ordinance DESCRIPTION: CB 30 - SPWRP 2019 Budget Ordinance RECOMMENDATION: Staff recommends City Council approve an ordinance adopting the 2019 Budget for the South Platte Water Renewal Partners (SPWRP), formerly known as the Littleton/Englewood Wastewater Treatment Plant. PREVIOUS COUNCIL ACTION: The 2019 initial budget projections were discussed with City Council on March 26, 2018. Staff met with City Council to discuss the policy issues guiding the creation of the proposed 2019 budget on the following dates: April 9th, April 23rd, and June 4th. The City Manager's Office provided an overview of the 2019-2023 Capital Improvement Plan and staff provided an overview of the operating budget supporting Strong Infrastructure and Community Parks on June 11th. On June 25th, the operating budget focusing on the following goals were discussed: Safe, Fun, Active and Engaged Community; Organizational Excellence; Sustainable Natural Environment and Historic Past, Smart Future. Two Community Outreach events for the budget process were held on July 11th and July 18th. The proposed 2019 Budget updates were provided on August 8, August 27 and August 28, 2018. The SPWRP Proposed Budget was presented to the Supervisory Committee at the August 16, 2018. The 2019 Proposed Budget for the City of Englewood, the 2019 Proposed Budget for the South Platte Water Renewal Partners and the 2019 Proposed Revenue Manual for the City of Englewood were posted to the City's website on September 7, 2018 and printed copies were available on September 7, 2018. A public hearing to gather citizen input regarding the 2019 Proposed Budget was held on September 17, 2018. On September 24, 2018, a City Council Study Session was held to address final changes to the 2019 Budget. SUMMARY: Page 212 of 461 The City Council of the City of Englewood acts as administering authority for the South Platte Water Renewal Partners (formerly known as the Littleton/Englewood Wastewater Treatment Plant). Part of the duties of the City Council includes adopting bills for ordinances for the 2019 Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year ANALYSIS: The 2018 South Platte Water Renewal Partners Budget indicates a beginning funds available balance of $115,674, total sources of funds of $27,359,559 and total uses of funds of $27,359,559, leaving the ending funds balance at $115,674. The sources and uses of funds are complementary as all expenditures at the plant are shared and billed out on a cost reimbursement basis to both the City of Littleton and the City of Englewood based on the Joint Use Agreement. FINANCIAL IMPLICATIONS: The proposed uses of funds for 2019 in the amount of $27,359,559 is $489,768 or 1.8% greater than the approved 2018 budget of $26,869,791. ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year. CONCLUSION: Staff has provided a South Platte Water Renewal Partners budget that meets the needs of the two partnership cities, all State and Federal Standards and supports environmental responsibility. ATTACHMENTS: Council Bill 30 Page 213 of 461 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 30 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE ADOPTING THE BUDGET FOR THE SOUTH PLATTE WATER RENEWAL PARTNERS FOR FISCAL YEAR 2019. WHEREAS, a public hearing on said budget was held by the City Council within three weeks after its submission on September 10, 2018. The hearing was held at the meeting of City Council on September 17, 2018, regular notice of the time and place of said hearing having been published within seven days after the submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, pursuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for fiscal year 2019 was provided to the South Platte Water Renewal Partners Supervisory Committee at their meeting; held on August 16, 2018; and WHEREAS, the City Council of the City of Englewood, as the administering authority for the South Platte Water Renewal Partners, has studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2019 budget for the South Platte Water Renewal Partners as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That the budget of the South Platte Water Renewal Partners for fiscal year 2019, as submitted by the South Platte Water Renewal Partners Supervisory Committee and duly considered by the City Council after public hearing, is hereby adopted as the budget for the South Platte Water Renewal Partners for the fiscal year 2019, as follows: South Platte Water Renewal Partners Fund Balance – January 1, 2019 $ 115,674 Revenues $ 27,359,559 Expenditures $ 27,359,559 Fund Balance – December 31, 2019 $ 115,674 Section 2. That the said budget as accepted shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Page 214 of 461 2 Introduced, read in full, and passed on first reading on the 15th day of October, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 18th day of October, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 17th day of October, 2018 Read by Title and passed on final reading on the 5th day of November, 2018. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 8th day of November, 2018. Published by title on the City’s official website beginning on the 7th day of November, 2018 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2018. Stephanie Carlile Page 215 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: November 5, 2018 SUBJECT: CB 28 - 2019 Budget Appropriation Ordinance DESCRIPTION: CB 28 - 2019 Budget Appropriation Ordinance RECOMMENDATION: Staff recommends City Council approve an ordinance adopting the 2019 Appropriation. PREVIOUS COUNCIL ACTION: The 2019 initial budget projections were discussed with City Council on March 26, 2018. Staff met with City Council to discuss the policy issues guiding the creation of the proposed 2019 budget on the following dates: April 9th, April 23rd, and June 4th. The City Manager's Office provided an overview of the 2019-2023 Capital Improvement Plan and staff provided an overview of the operating budget supporting Strong Infrastructure and Community Parks on June 11th. On June 25th, the operating budget focusing on the following goals were discussed: Safe, Fun, Active and Engaged Community; Organizational Excellence; Sustainable Natural Environment and Historic Past, Smart Future. Two Community Outreach events for the budget process were held on July 11th and July 18th. The proposed 2019 Budget updates were provided on August 8, August 27 and August 28, 2018. The 2019 Proposed Budget for the City of Englewood, the 2019 Proposed Budget for the South Platte Water Renewal Partners and the 2019 Proposed Revenue Manual for the City of Englewood were posted to the City's website on September 7, 2018 and printed copies were available on September 7, 2018. A public hearing to gather citizen input regarding the 2019 Proposed Budget was held on September 17, 2018. On September 24, 2018, a City Council Study Session was held to address final changes to the 2019 Budget. Additional questions received from Council were addressed at an October 8, 2018 Study Session. SUMMARY: The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to ensure there is legal authority to expend funds. (Article X, Part I, Section 90) The City of Englewood 2019 Budget was developed over the past five months with significant collaboration between Englewood residents, the City Council, and City staff. This year's budget process Page 216 of 461 leveraged our collective capacity to deliver quality city services, enhance public safety, and reinvigorated our existing city infrastructure. Despite our fiscal challenges, this budget maintains our commitments through 2019. However, continued long-term planning and prioritization with the City Council and community is necessary to ensure sustainability into the future. ANALYSIS: The City of Englewood 2019 Budget is a structurally balanced budget, as required by City Charter and Resolution No. 51, Series 2016. This means that across all funds, the City's Revenues in addition to the beginning Fund Balance meet or exceed the City's Expenditures. The estimated ending Governmental Fund Balances for 2019 is $19,464,862. The estimated ending Proprietary Fund Balances for 2019 is $18,300,214. The City's Funds detail is reflected in Table 1 - 2019 Consolidated Budget Summary Sources and Uses By Fund. FINANCIAL IMPLICATIONS: Please see attached Table 1 - 2019 Consolidated Budget Summary Sources and Uses By Fund ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year. CONCLUSION: Staff supports this 2019 Budget and is looking forward to Council direction in addressing future budgets. ATTACHMENTS: Council Bill 28 Table 1 - 2019 Consolidated Budget Summary Sources and Uses By Fund Page 217 of 461 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 28 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER MARTINEZ AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2019, AND ENDING DECEMBER 31, 2019, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2019. WHEREAS, a public hearing on the Proposed 2019 Budget was held September 17, 2018; and WHEREAS, the operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at budget workshops held on August 13, 27 and August 28; and WHEREAS, the Charter of the City of Englewood requires the City Council to adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That there be and there hereby is appropriated from the revenue derived from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue including available fund balances during the year beginning January 1, 2019, and ending December 31, 2019, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows: Page 218 of 461 2 GENERAL FUND Legislation 336,032$ City Manager's Office 7,286,214$ City Attorney's Office 914,044$ Municipal Court 1,154,896$ Human Resources 837,447$ Finance and Administrative Services 1,696,121$ Information Technology 3,367,836$ Community Development 2,525,060$ Public Works 6,669,193$ Police 14,642,956$ Parks, Recreation and Library Services 7,899,809$ Communications 486,312$ Contingencies 218,313$ Debt Service – Civic Center 1,444,560$ Debt Service – Other 123,599$ Other Financing Uses 3,100,000$ Total General Fund 52,702,392$ CONSERVATION TRUST FUND Total Conservation Trust Fund 312,000$ DONORS FUND Total Donors Fund 622,560$ PARKS AND RECREATION TRUST FUND Total Parks and Recreation Trust Fund 5,000$ MALLEY CENTER TRUST FUND Total Malley Center Trust Fund 35,000$ OPEN SPACE FUND Total Open Space Fund 774,755$ Page 219 of 461 3 GENERAL OBLIGATION BOND FUND-RECREATION Total General Obligation Bond Fund 1,110,800$ GENERAL OBLIGATION BOND FUND-POLICE HEADQUARTERS Total General Obligation Bond Fund 2,216,013$ PUBLIC IMPROVEMENT FUND Total Public Improvement Fund 4,058,599$ CAPITAL PROJECTS FUND Total Capital Projects Fund 3,100,250$ POLICE HEADQUARTERS CONSTRUCTION FUND Total Police Headquarters Construction Fund 14,272,037$ WATER FUND Total Water Fund 10,322,681$ SEWER FUND Total Sewer Fund 22,263,250$ STORM DRAINAGE FUND Total Storm Drainage Fund 612,967$ GOLF COURSE FUND Total Golf Course Fund 2,235,798$ CONCRETE UTILITY FUND Total Concrete Utility Fund 1,056,497$ HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund 659,850$ Page 220 of 461 4 CENTRAL SERVICES FUND Total Central Services Fund $159,925 SERVICENTER FUND Total ServiCenter Fund $2,594,583 CAPITAL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund $1,478,234 RISK MANAGEMENT FUND Total Risk Management Fund $1,363,826 EMPLOYEE BENEFITS FUND Total Employee Benefits Fund $6,104,247 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 2019. Section 3. All monies in the hands of the Director of Finance and Administrative Services, or to come into the Director's hands for the fiscal year 2018, may be applied on the outstanding claims now due or to become due in the said fiscal year of 2019. Section 4. All unappropriated monies that may come into the hands of the Director of Finance and Administrative Services during the year 2018, may be so distributed among the respective funds herein as the City Council may deem best under such control as is provided by law. Section 5. During or at the close of the fiscal year of 2018, any surplus money in any of the respective funds, after all claims for 2018 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Introduced, read in full, and passed on first reading on the 15th day of October, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 18th day of October, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 17th day of October, 2018 Read by Title and passed on final reading on the 5th day of November, 2018. Page 221 of 461 5 Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 8th day of November, 2018. Published by title on the City’s official website beginning on the 7th day of November, 2018 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2018. Stephanie Carlile Page 222 of 461 City of Englewood, Colorado 2019 Consolidated Budget Summary Sources and Uses By Fund Governmental Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance General Fund 15,241,922 49,602,653 52,702,392 12,142,183 Special Revenue Funds Conservation Trust Fund 215,413 310,000 312,000 213,413 Donors Fund 594,565 106,085 622,560 78,090 Malley Center Trust Fund 228,646 3,000 35,000 196,646 Parks & Recreation Trust Fund 453,529 2,500 5,000 451,029 Open Space Fund 600,356 805,000 774,755 630,601 Total Special Revenue Funds 2,092,509 1,226,585 1,749,315 1,569,779 Debt Service Fund General Obligation Bond Fund 57,210 1,102,000 1,110,800 48,410 Police HQ GO Bond 975,515 2,202,500 2,216,013 962,002 Total Debt Service Fund 1,032,725 3,304,500 3,326,813 1,010,412 Capital Projects Funds Public Improvement Fund 1,639,130 4,200,000 4,058,599 1,780,531 Capital Projects Fund 558,494 3,150,000 3,100,250 608,244 Police HQ Construction Fund 16,520,750 105,000 14,272,037 2,353,713 Total Capital Projects Funds 18,718,374 7,455,000 21,430,886 4,742,488 Total Governmental Funds 37,085,530 61,588,738 79,209,406 19,464,862 Proprietary Fund Types Estimated Beginning Balance Sources of Funds Uses of Funds Estimated Ending Balance Enterprise Funds Water Fund 12,016,204 8,790,323 10,322,681 10,483,846 Sewer Fund 4,917,945 17,860,970 22,263,250 515,665 Stormwater Drainage Fund 703,330 682,514 612,967 772,877 Golf Course Fund 1,009,861 2,308,800 2,235,798 1,082,863 Concrete Utility Fund 865,211 884,200 1,056,497 692,914 Housing Rehabilitation Fund 1,039,172 469,900 659,850 849,222 Total Enterprise Funds 20,551,723 30,996,707 37,151,043 14,397,387 Internal Service Funds Central Services Fund 11,993 155,000 159,925 7,068 ServiCenter Fund 927,518 2,439,714 2,594,583 772,649 Capital Equipment Replacement Fund 1,921,626 1,005,576 1,478,234 1,448,968 Risk Management Fund 1,091,083 1,374,604 1,363,826 1,101,861 Employee Benefits Fund 561,577 6,114,951 6,104,247 572,281 Total Internal Service Funds 4,513,797 11,089,845 11,700,815 3,902,827 Total Proprietary Funds 25,065,520 42,086,552 48,851,858 18,300,214 Total All Funds 62,151,050 103,675,290 128,061,264 37,765,076 1 Page 223 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: November 5, 2018 SUBJECT: CB 31 - SPWRP 2019 Appropriation Ordinance DESCRIPTION: CB 31 - SPWRP 2019 Appropriation Ordinance RECOMMENDATION: Staff recommends City Council approve an ordinance adopting the 2019 Appropriation for the South Platte Water Renewal Partners (SPWRP), formerly known as the Littleton/Englewood Wastewater Treatment Plant. PREVIOUS COUNCIL ACTION: The 2019 initial budget projections were discussed with City Council on March 26, 2018. Staff met with City Council to discuss the policy issues guiding the creation of the proposed 2019 budget on the following dates: April 9th, April 23rd, and June 4th. The City Manager's Office provided an overview of the 2019-2023 Capital Improvement Plan and staff provided an overview of the operating budget supporting Strong Infrastructure and Community Parks on June 11th. On June 25th, the operating budget focusing on the following goals were discussed: Safe, Fun, Active and Engaged Community; Organizational Excellence; Sustainable Natural Environment and Historic Past, Smart Future. Two Community Outreach events for the budget process were held on July 11th and July 18th. The proposed 2019 Budget updates were provided on August 8, August 27 and August 28, 2018. The SPWRP Proposed Budget was presented to the Supervisory Committee at the August 16, 2018. The 2019 Proposed Budget for the City of Englewood, the 2019 Proposed Budget for the South Platte Water Renewal Partners and the 2019 Proposed Revenue Manual for the City of Englewood were posted to the City's website on September 7, 2018 and printed copies were available on September 7, 2018. A public hearing to gather citizen input regarding the 2019 Proposed Budget was held on September 17, 2018. On September 24, 2018, a City Council Study Session was held to address final changes to the 2019 Budget. SUMMARY: Page 224 of 461 The City Council of the City of Englewood acts as administering authority for the South Platte Water Renewal Partners (formerly known as the Littleton/Englewood Wastewater Treatment Plant). Part of the duties of the City Council includes adopting bills for ordinances for the 2019 Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year ANALYSIS: The 2018 South Platte Water Renewal Partners Budget indicates a beginning funds available balance of $115,674, total sources of funds of $27,359,559 and total uses of funds of $27,359,559, leaving the ending funds balance at $115,674. The sources and uses of funds are complementary as all expenditures at the plant are shared and billed out on a cost reimbursement basis to both the City of Littleton and the City of Englewood based on the Joint Use Agreement. The total appropriation (uses of funds) for 2019 is $27,359,559. FINANCIAL IMPLICATIONS: The proposed uses of funds for 2019 in the amount of $27,359,559 is $489,768 or 1.8% greater than the approved 2018 budget of $26,869,791. ALTERNATIVES: Per the Englewood City Charter (Article X, Part I, Section 90), Council shall adopt a bill for the Budget and a bill for the Appropriation no less than thirty days prior to the first day of the next fiscal year. CONCLUSION: Staff has provided a South Platte Water Renewal Partners budget that meets the needs of the two partnership cities, all State and Federal Standards and supports environmental responsibility. ATTACHMENTS: Council Bill 31 Page 225 of 461 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 31 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER MARTINEZ AN ORDINANCE APPROPRIATING MONIES FOR THE SOUTH PLATTE WATER RENEWAL PARTNERS PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2019, AND ENDING DECEMBER 31, 2019, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2019. WHEREAS, the Cities of Englewood and Littleton entered into a contract to build, maintain, and operate a joint Wastewater Treatment Plant facility; and WHEREAS, the operations, including budget matters, of this joint facility are overseen by the Supervisory Committee; and WHEREAS, the City of Englewood operates the South Platte Water Renewal Partners under the control of the Supervisory Committee; and WHEREAS, the South Platte Water Renewal Partners has its own fund for operations and maintenance; and WHEREAS, the Supervisory Committee was provided the following as the 2019 appropriations at their meeting held on August 16, 2018. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That pursuant to the South Platte Water Renewal Partners agreement, there be and hereby is appropriated from the revenue derived from operation of the South Platte Water Renewal Partners in the City of Englewood, Colorado, and from all other sources of revenue in the South Platte Water Renewal Partners Fund including available fund balance during the year beginning January 1, 2019, and ending December 31, 2019, the amounts hereinafter set forth for the object and purpose specified as follows: Total South Platte Water Renewal Partners Fund $ 27,359,559 Introduced, read in full, and passed on first reading on the 15th day of October, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 18th day of October, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 17th day of October, 2018 Page 226 of 461 2 Read by Title and passed on final reading on the 5th day of November, 2018. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 8th day of November, 2018. Published by title on the City’s official website beginning on the 7th day of November, 2018 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2018. Stephanie Carlile Page 227 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: November 5, 2018 SUBJECT: CB 27 - Establish the 2018 Mill Levy (Collected in 2019) Ordinance DESCRIPTION: CB 27 - Establish the 2018 Mill Levy (Collected in 2019) Ordinance RECOMMENDATION: Staff recommends City Council approve an ordinance establishing the 2018 Mill Levy to be collected in 2019. PREVIOUS COUNCIL ACTION: The 2019 initial budget projections were discussed with City Council on March 26, 2018. Staff met with City Council to discuss the policy issues guiding the creation of the proposed 2019 budget on the following dates: April 9th, April 23rd, and June 4th. The City Manager's Office provided an overview of the 2019-2023 Capital Improvement Plan and staff provided an overview of the operating budget supporting Strong Infrastructure and Community Parks on June 11th. On June 25th, the operating budget focusing on the following goals were discussed: Safe, Fun, Active and Engaged Community; Organizational Excellence; Sustainable Natural Environment and Historic Past, Smart Future. Two Community Outreach events for the budget process were held on July 11th and July 18th. The proposed 2019 Budget updates were provided on August 8, August 27 and August 28, 2018. The 2019 Proposed Budget for the City of Englewood, the 2019 Proposed Budget for the South Platte Water Renewal Partners and the 2019 Proposed Revenue Manual for the City of Englewood were posted to the City's website on September 7, 2018 and printed copies were available on September 7, 2018. A public hearing to gather citizen input regarding the 2019 Proposed Budget was held on September 17, 2018. SUMMARY: The City of Englewood assesses property tax for the general governmental operations and for the General Obligation Bonds Debt Service Funds. TABOR restricts the City from raising the mill levy without a vote of the citizens. ANALYSIS: This 2019 General Fund mill levy remains unchanged at 5.880 mills. The General Obligation Bonds Debt Service mill levy is 1.614 mills for the Recreation General Obligation Bond Debt Service (up from 1.609 mills in 2017) and 3.216 mills for the Englewood Police Headquarters Page 228 of 461 General Obligation Bond Debt Service (up from 3.207 mills in 2017). The 2018 mill levy total of 10.710 for collection in 2019 is certified to Arapahoe County by December 15, 2018. FINANCIAL IMPLICATIONS: This collection of property tax will cover the debt service requirements of our General Obligation Bonds and the 2018 Property Tax revenue estimate for the General Fund. Based on the assessed valuation for the City of Englewood as certified by the Arapahoe County Assessor, the estimated net assessed value of all properties in Englewood for 2018 is $683,987,538 compared to $686,067,418 for 2017. The next bi-annual property appraisal carried out by the Arapahoe County Assessor's Office is scheduled for 2019, payable in 2020. Effective January 1, 2018, the residential assessment rate changed from 7.96% to 7.20% for 2017 and 2018. The 2018 mill levy for General Fund operations is 5.880. The General Obligation Bonds (GO) Debt Service mill levy is 1.614 mills for the Recreation GO Bond Debt Service and 3.216 mills for the Englewood Police Headquarters GO Bond Debt Service. The total mill levy is 10.710 for 2018 collected in 2019. The amount budgeted for the General Fund is $4,002,000 (net of uncollectibles, abatements, etc.). The budgeted amount for the Recreation GO Bonds Debt Service Fund is $1,100,000 and the budgeted amount for the Englewood Police Headquarters GO Bond Debt Service Fund is $2,200,000 (net of uncollectibles, abatements, etc.). Please see the attached table that provides the property tax impact of what an Englewood homeowner would pay to the City of Englewood with a home market value of $200,000. ALTERNATIVES: Per Englewood City Charter (Article X, Part I, section 89:Certification of Tax Levy): "If Council fails in any year to make a tax levy by October 16th, then the rate last fixed shall be the rate for the ensuing year which rate shall be levied as by law provided." CONCLUSION: These taxes are needed to support the 2019 Budget as proposed and to honor our debt obligations. ATTACHMENTS: Council Bill 27 Table - City of Englewood Property Tax Calculation Page 229 of 461 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 27 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual property levy for City purposes; and WHEREAS, the City Council has duly considered the estimated valuation of all the taxable property within the City and the needs of the City and of each of said levies and has determined that the levies as hereinafter set forth, are proper and wise; and WHEREAS, the following levies are permitted under Article X, Section 20 of the Colorado Constitution without a vote by the citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That there be and hereby is levied for the year of 2018, due and payable as required by statute in the year 2019, a tax of 5.880 mills on the dollar for the General Fund of the City of Englewood, Colorado, 1.614 mills on the dollar for the Recreation General Obligation Bond Debt Service Fund and 3.216 mills on the dollar for the Englewood Police Headquarters General Obligation Bond Debt Service Fund of the City of Englewood, Colorado. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified by law. Introduced, read in full, and passed on first reading on the 15th day of October, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 18th day of October, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 17th day of October, 2018 Read by Title and passed on final reading on the 5th day of November, 2018. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 8th day of November, 2018. Published by title on the City’s official website beginning on the 7th day of November, 2018 for thirty (30) days. Page 230 of 461 2 This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2018. Stephanie Carlile Stephanie Carlile Page 231 of 461 City of Englewood, Colorado - Property Tax Calculation 2018 Mill Levy Payable in 2019 Market Value A 200,000$ Assessment Ratio B 7.2% Assessed Value C = A * B 14,400$ General Operations Mill Levy D 5.880 Mill Levy Per Dollar E 0.001$ Taxes Paid for General Fund Operations F = C * D * E 84.67$ Market Value A 200,000$ Assessment Ratio B 7.2% Assessed Value C = A * B 14,400$ General Operations Mill Levy D 1.614 Mill Levy Per Dollar E 0.001$ Taxes Paid for General Obligation Bonds-Recreation F = C * D * E 23.24$ Market Value A 200,000$ Assessment Ratio B 7.2% Assessed Value C = A * B 14,400$ General Operations Mill Levy D 3.216 Mill Levy Per Dollar E 0.001$ Taxes Paid for General Obligation Bonds-Police Headquarters F = C * D * E 46.31$ Market Value A 200,000$ Assessment Ratio B 7.2% Assessed Value C = A * B 14,400$ General Operations Mill Levy D 10.710 Mill Levy Per Dollar E 0.001$ Total Property Taxes Paid to City of Englewood F = C * D * E 154.22$ Page 232 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Wade Burkholder DEPARTMENT: Community Development DATE: November 5, 2018 SUBJECT: 2019 Community Development Block Grant Application Resolution DESCRIPTION: 2019 Community Development Block Grant Application Resolution RECOMMENDATION: Staff recommends that City Council approve a Resolution authorizing the submission of an application to Arapahoe County for the City of Englewood's portion of federal fiscal year 2019 Community Development Block Grant (CDBG) funds. PREVIOUS COUNCIL ACTION: City Council has approved Resolutions to file Community Development Block Grant (CDBG) applications annually since 1977. Participation in the Arapahoe County entitlement program began in 1991. Participation is authorized in three-year increments. Ordinance 12, Series 2018 approved an Intergovernmental Agreement on June 18, 2018 to participate in the Arapahoe County Community Development Block Grant and HOME Investment Partnership Programs for federal fiscal years 2019 - 2021. ANALYSIS: The U.S. Department of Housing and Urban Development (HUD) CDBG Entitlement Program provides grants to units of local government and urban counties to meet housing and community needs. The objective of the program is to enhance urban communities by providing: • decent, safe, affordable housing; • improved infrastructure; • public facilities and services; • economic opportunities. The Federal Program objectives are achieved through projects developed by local governments that primarily benefit low and moderate-income families as well as other federal objectives. The request for funds may also include activities that meet urgent development needs in communities such as damage from flooding, tornadoes, fire, etc. Local governments determine which activities best serve the objectives of the program. Funds are appropriated annually by Congress for the CDBG program and are allocated by statutory forumula to each entitlement area. Arapahoe County is approved as an Page 233 of 461 urban county entitlement area. The CDBG grant funds are currently distributed to participating cities within Arapahoe County. Each participating city receives a set-aside portion of the total CDBG allocation. The current participating cities are the Cities of Englewood, Littleton, Sheridan, Glendale, Deer Trail, Centennial, and Greenwood Village. The funding level for the City of Englewood for FY2019 is anticipated to be $135,000. Applications for each proposed project must be submitted to Arapahoe County no later than November 16, 2018 in order to receive 2019 CDBG funding. The 2019 appropriation for Englewood will be for a total of $135,000.00. Englewood's FY2019 program consists of two projects. These projects continue to meet current housing and neighborhood needs benefitting low and moderate-income families. All projects are subject to additional review by City staff, Arapahoe County CDBG administrators, and the County Commissioners. The listed projects and funding levels may change based on those reviews. FY2019 CDBG funds will be requested for the following projects: 1. City of Englewood - $115,000 for an energy efficiency home improvement project focusing on improvements that provide increased energy conservation and efficiency in the home. 2. Family Tree House of Hope - $20,000 to directly fund the Family Tree application that assists with staffing needs for the House of Hope homeless shelter. Family Tree will submit an application directly to Arapahoe County for the grant. A letter of sponsorship is required from the City to support Family Tree's application to Arapahoe County which will be forthcoming. This is the 17th-year this request has been made via CDBG allocation. The City of Englewood application for $115,000 of the FY2019 CDBG funds is attached. FINANCIAL IMPLICATIONS: Existing Community Development staff will administer the proposed project. Staff salaries and benefits represent the City's participation in the project. ATTACHMENTS: 1. Resolution 2. Ordinance No. 12 Series of 2018 & Intergovernmental Joint Cooperation Agreement and HOME Consortium Agreement 3. 2019 Community Development Block Grant Application for Funding Page 234 of 461 RESOLUTION NO. ____ SERIES OF 2018 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR 2019 COMMUNIT Y DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. WHEREAS, the Englewood City Council has approved CDBG applications since 1977 and approved the execution of an Intergovernmental Agreement with the passage of Ordinance No. 37, Series of 1991, covering the City's participation in the Arapahoe County CDBG Entitlement Program for funding years 1992 through 1994; WHEREAS, the Englewood City Council approved passage of Ordinance No. 13, Series of 2006, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Entitlement Program for funding years 2007 through 2009; WHEREAS, the Englewood City Council approved passage of Ordinance No. 22, Series of 2009, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Program and HOME Investment Partnership Programs for federal fiscal years 2010 through 2012; WHEREAS, the Englewood City Council approved passage of Ordinance No. 25, Series of 2012, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Program and HOME Investment Partnership Programs for federal fiscal years 2013 through 2015; WHEREAS, the Englewood City Council approved passage of Ordinance No. 19, Series of 2015, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Program and HOME Investment Partnership Programs for federal fiscal years 2016 through 2018; WHEREAS, the Englewood City Council approved passage of Ordinance No. 81, Series of 2017 , authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Program and HOME Investment Partnership Programs for federal fiscal years 2018 through 2019 ; WHEREAS, the Arapahoe County Community Development Block Grant Program provides grants to participating municipalities to meet housing and community development needs; and WHEREAS, to compete in the Arapahoe County Community Development Block Grant Program, local governments must submit an application; and WHEREAS, the City of Englewood has received a notice of fund availability; and WHEREAS, the City of Englewood, Colorado, desires to apply for these funds through the Arapahoe County 2019 Community Development Block Grant Program to fund the Energy Efficiency Englewood Project and House of Hope staffing project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Page 235 of 461 ENGLEWOOD, COLORADO, THAT: Section 1. The City of Englewood, Colorado, is hereby authorized to file an application for 2019 Arapahoe County Community Development Block Grant funds. Section 2. The Mayor and City Clerk are authorized to sign and attest all necessary forms, documents, assurances and certifications for the Community Development Block Grant application for and on behalf of the City Council and the City of Englewood. ADOPTED AND APPROVED this 5th day of November, 2018. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution ____, Series of 2018. 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NEH Page 245 of 461 Page 246 of 461 1 Community Resources Department Housing and Community Development Services 1690 W. Littleton Boulevard, Suite 300 Littleton, CO 80120 (303) 738-8062 2019 Community Development Block Grant (CDBG) Application for Funding Applicant: City of Englewood Project: Energy Efficient Englewood (E3) CDBG Request: $115,000 Page 247 of 461 2 ORGANIZATION Organization: City of Englewood Type: Government Agency Faith Based Organization: No DUNS Number: 07‐575‐0133 Tax ID Number: 84‐6000583 Active SAMS Registration: Yes Mailing Address: 1000 Englewood Parkway City, State, Zip Code: Englewood, Colorado 80110 Phone Number: 303‐762‐2343 Website: http://www.englewoodco.gov PERSONNEL Chief Official: Linda Olson Title: Mayor Phone Number: 303.762.2310 Email Address: lolson@englewoodco.gov Add to CDBG Mailing List Project Manager: Nancy G. Fenton Title: Executive Assistant Phone Number: 303.762.2347 Email Address: nfenton@englewoodco.gov Add to CDBG Mailing List PROJECT Project Name: Energy Efficient Englewood (E3) Project Type: Housing Project Address, or Project Service Area: City of Englewood CDBG Funds Requested: $115,000.00 Total Project Cost: $156,702.00 CDBG Funds as % of Total Project Cost: 73% Summarize Project in One Sentence: Provide grants to low and moderate income households for energy conservation and efficiency upgrades. Page 248 of 461 3 1. Project meets the following CDBG National Objective: (Only Choose One) ☒ Low and Moderate Income Benefit ☐ Slum or Blight ☐ Catastrophic or Urgent Need 2. Project meets the following secondary CDBG National Objective: (Only Choose One) ☒ Create Suitable Living Environments ☐ Provide Decent Affordable Housing ☐ Create Economic Opportunities 3. Project meets the following CDBG Low to Moderate Income Benefit Categories: (Only Choose One: Area Benefit, Limited Clientele, Housing Rehabilitation, Jobs) ☐ Area Benefit: At least 51% of the residents within the activity area are LMI If selected, please include a map of the project and/or organization’s service area and most recent Census Tract/Block Group data for the proposed area benefit ☐ Limited Clientele: Choose one of the following groups that best describes the persons served ☐ At least 51% of the clientele served are LMI persons Requires Income Eligibility Documentation ☐ The activity has income eligibility requirements limiting the activity exclusively to LMI persons ☐ The activity is of such nature and location that it may be reasonable concluded that the clientele are LMI persons ☐ The activity serves a “presumed benefit” population, including: ☐ Abused Children ☐ Elderly Persons (62 or Older) ☐ Battered Spouses ☐ Severely Disabled Adults ☐ Illiterate Adults ☐ Persons Living with AIDS/HIV ☐ Migrant Farm Workers ☐ Homeless Persons Page 249 of 461 4 ☒ Housing Rehabilitation: Identify the types of housing units this project will serve ☒ Single‐Family ☐ Multi‐Family ☐ Owner Occupied ☐ Renter Occupied * Housing units MUST be occupied by LMI persons ☐ Jobs Choose the category that best reflects the project goal: ☐ Job Creation ☐ Job Retention * At least 51% of jobs MUST be filled/retained by LMI persons 4. Project meets one of the following CDBG National Outcomes: ☐ Availability/Accessibility ☐ Affordability ☒ Sustainability 5. Which Priority Need outlined in the Arapahoe County 2014-2019 Consolidated Plan does your project meet? ☒ Housing Needs ☐ Community Development Needs (Non-Housing) ☐ Economic Development ☐ Public Facilities and Infrastructure ☐ Public Services ☐ Homelessness 6. Which Goal outlined in the Arapahoe County 2014-2019 Consolidated Plan does your project meet to address the aforementioned Priority Need? ☒ Preservation of Existing Housing Stock ☐ Expanding and Preserving Homeownership Page 250 of 461 5 ☐ Public Services ☐ Handicapped Services ☐ Senior Services ☐ Youth Services ☐ Public Facility Improvements ☐ Public Infrastructure Improvements ☐ Homeless Prevention Services ☐ Emergency Housing and Shelter for Homeless ☐ Fair Housing 7. Provide a brief narrative on the purpose of this project and how it will address the mission, objectives and priorities of the CDBG program by elaborating on your answers to questions 1-6 above. Sixty‐six percent of Englewood’s housing stock was built prior to 1970, and 83% was built before 1980. Energy conservation and efficiency upgrades are need in a significant number of those homes. The Energy Efficient Englewood (E3) project will provide grants of up to $8,000 with a homeowner’s match of 20% for conservation and energy efficiency repairs and upgrades. The project is limited to low and moderate income households at or below 80% AMI. The project will help preserve the existing Englewood housing stock and provide a more sustainable premises for Englewood’s low and moderate households. Page 251 of 461 6 8. Provide a brief narrative describing the project goals, measureable outcomes and anticipated community impact, focusing specifically on the target population and clients served, as well as the issue(s) being addressed. For each Measurable Outcome, Please Identify: a. Outcome Measurement b. Data Source c. Data Collection Methodology OUTCOME #1 Provide a grant to finance conservation and energy efficiency work items to 12 low and moderate income homeowners whose homes are located through the City of Englewood. OUTCOME MEASUREMENT The completion of work items recommended by an independent energy audit for 12 Low/Mod households. DATA SOURCE Applications, financial documents, energy audits, lead based paint testing (when required). DATA COLLECTION METHODOLOGY The Project Manager will track the project completion status in the internal database and collected the required homeowner demographics. Project case files will also be maintained. Page 252 of 461 7 OUTCOME #2 OUTCOME MEASUREMENT DATA SOURCE DATA COLLECTION METHODOLOGY OUTCOME #3 OUTCOME MEASUREMENT DATA SOURCE Page 253 of 461 8 DATA COLLECTION METHODOLOGY 9. Provide the specific number of Arapahoe County residents served by your organization annually. N/A 10. Specific to this project only, estimate the number and percentage of Arapahoe County residents that will benefit from this project. * Please identify if beneficiaries will be counted as: ☐ Persons or ☒ Households * Please provide the best estimate for the number of beneficiaries in each municipality: Municipality Number Served Percent of Total Served Aurora 0 0 Bow Mar, Columbine Valley, Foxfield, Cherry Hills Village 0 0 Centennial 0 0 Deer Trail 0 0 Englewood 12 100% Glendale 0 0 Greenwood Village 0 0 Littleton 0 0 Sheridan 0 0 Unincorporated Arapahoe County 0 0 TOTAL (Excluding Aurora) 12 100% Page 254 of 461 9 11. Based on the HUD 2018 Income Guidelines, estimate the number and percentage of income-qualified Arapahoe County residents that will benefit from this specific project. Extremely Low 0-30% AMI Low 31-50% AMI Moderate 51-80% AMI Non-LMI > 80% AMI Number Served 1 4 7 Percent of Total 8.33% 33.33% 58.33% 12. How many Arapahoe County residents received this service during your last fiscal year? Twelve (12) 13. What is the CDBG cost per client for this specific project? $9,583.33 Page 255 of 461 10 14. How will CDBG income eligibility be documented and met? Please provide a short narrative, describing how clients certify their eligibility, e.g. proof of residency, monthly or annual income, family size etc… The following information is required of each applicant: 1. Income verification for all household members over 18 years old, such as two current wage stubs, 2017 1040 income tax forms, award letters from Social Security, VA, Worker’s Compensation, SSI, OAP, etc. 2. All current bank statements, with account numbers, for checking, savings, IRA and/or certificates of deposit; verification of the value of stocks and/or bonds; cash value for any whole life insurance policies, etc. 3. Signed Affidavit of residency status, with a copy of a valid ID 4. Deed of Trust, Warranty Deed, Quit Claim Deed showing current ownership 5. Current homeowner’s insurance policy showing coverage 6. Current property tax statement from Arapahoe County showing taxes are not in arrears 7. Divorce papers verifying any amount of child support or alimony being received 15. Provide a thorough description of the project parameters, detailing who, what, when, where, why and how this project will address the aforementioned CDBG priorities and goals. The Energy Efficient Englewood Project will offer grants to low and moderate income homeowners up to a maximum of $8,000 per household focusing on conservation and energy efficiency repairs and upgrades to their existing homes. Examples of eligible repairs or upgrades are installation of high‐ efficiency furnaces, water heaters (including tankless water heaters), Energy Star rated windows, exterior doors, storm doors, skylights, metals roofs, insulated siding, insulation, evaporative coolers, refrigerators, etc. The grant requires a 20% match from the homeowner. If the homeowner does not have the required match, then the grant will be secured by a Deed of Trust recorded on their property with repayment established as a 4‐year declining lien that will be forgiven at a maximum of $2,000 per year. This project will begin when a Notice to Proceed has been received from Arapahoe County and conclude within 12 months, targeting April 30, 2019. The entire City of Englewood is being designated as the targeted neighborhood due to the dispersed nature of the homes needing conservation and energy efficiency repairs and upgrades. All applicants will be at or below 80% of the HUD area median income as determined by a face‐to‐face interview and a review of all financial documents. Initial marketing of the program will begin upon notification of approval. An article will be published in the Englewood Citizen magazine which is mailed to every residence within the City. Articles, if needed will also be published in local newspapers of general circulation. Currently there are 23 families on the Page 256 of 461 11 Project waiting list. Additional requests for assistance will be added to the waiting list on a first‐come, first‐served basis until the Notice to Proceed has been received from the County. An application will be completed by each homeowner based on a face‐to‐face interview documenting and verifying each applicants’ gross annual income and eligible work items. A construction escrow account will be established in each approved owner’s name. An energy audit will be required for each applicant prior to the start of construction to determine the areas of greatest energy efficiency need. Construction funds will be disbursed to the homeowner or contractor based on receipts for materials and labor expenses. The homeowners participating in this program will increase the energy efficiency of their homes and realize a saving on their energy bills. These improvements will be long lasting and encourage all residents to continue improvements on their own. An attempt will be made not to duplicate the services provided by the Arapahoe County Weatherization Division’s program. Referrals will be made to the Weatherization Division for services if the family appears to qualify with that Program’s income guidelines. This project will comply with the UD consolidated “Federal Lead‐Based Paint Regulation” issued on September 15, 1999. 16. Provide an estimated timeline for completing the project during the 2018 grant year (May 1, 2019 – April 30, 2020), including relevant dates/phases. Project Activity or Phase Month, Year Start of Grant May 1, 2019 Notice to Proceed June 2019 Marketing Project to Neighborhoods June – November 2019 Interviewing and Eligibility Determination June 2019 – January 2020 Rehabilitation of Units July 2019 – April 2020 End of Grant April 30, 2020 Page 257 of 461 12 17. What obstacles could delay the start and/or completion of this project; how will these potential delays be addressed? There are no obstacles. There are currently 23 households requesting services through this program. No delays are anticipated in the start‐up of this project. Interviews will begin as soon as the Notice to Proceed is received with the completion of the project targeted by April 30, 2018 or sooner. The selected sites will be based on the actual applications, income requirements, environmental review, and work to be completed. 18. Is there a minimum amount of CDBG funding needed to make this project feasible and viable given your current funding and commitments? If so, what is the minimum amount of CDBG funds needed to complete this project? $115,000. If full funding is not received, then fewer homes will be made energy efficient and the project could be considered as ineffective causing families to wait longer for the needed upgrades. Page 258 of 461 19. Provide a detailed project budget (not organizational budget). A B C D E F G H Budget Items Description / Details CDBG Request Other Funds Total Cost Source of Funds Secured Funds Unsecured Funds Administration / Personnel Admin – Personnel Costs Salaries and benefits $10,180.00 $17,702.00 $27,882.00 City Budget $27,882.00 Admin‐LBP Testing/Energy Audits LBP Report/Energy Audit Reports $8,820.00 $8,820.00 Operations Contract Services Project Delivery Grants for Energy Efficiency 12 grants @ $8,000 each $96,000.00 $24,000.00 $120,000.00 Homeowner Match $24,000 TOTAL $115,000.00$41,702.00$156,702.00 % OF TOTAL 73% 27% 100% 12 Page 259 of 461 14 20. Please provide information about your agency: a. Background/History The City of Englewood, founded in 1903, is a municipal corporation with a Council‐Manager form of government. Members of the seven member Council are elected to staggered four‐year terms with term limits of three consecutive terms. The Mayor and Mayor Pro‐Tem are selected from among the Council members. b. Mission To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identify. c. Goals Vision: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community density through the delivery of reliable, affordable, and flexible services and by proactively collaborating with our citizens and businesses to develop an environment that fosters safety and opportunity. Organizational Values: Integrity Trust Respect Excellence Accountability Teamwork d. Services Englewood provides a full range of services, including police protection emergency medical services, the construction and maintenance of streets and other infrastructure, library services, and general government services. The City operates and maintains its own water treatment plant and distribution system, maintains a wastewater collection system and manages a jointly held wastewater treatment plan with the City of Littleton. Page 260 of 461 15 e. Personnel Ms. Nancy Fenton has administered the City of Englewood’s Homeowner Fix‐Up Project and E3 Projects since 2005, which were funded through CDBG monies. She has conducted interviews with homeowners, reviewed financial documentation to determine financial eligibility and compliance with Federal regulations, and completed the quarterly and monthly reports. She monitors the project execution to completion by tracking each individual project’s scope per schedule and budget. f. Finances See Attachment A: 2018 Annual City Budget, 2017 Comprehensive Annual Financial Report, 2018 Community Development Budget, Proposed 2019 Annual City Budget, and Proposed 2019 Community Development Department Budget. g. Federal Grant See Attachment Y for list of all grants. h. Audits The most recent Comprehensive Annual Financial Report (CAFR) details the City’s financial condition for 2017. The CAFR is prepared by a firm of Certified Public Accountants selected by the City Council. In addition to the CAFR excerpts provide in Attachment F, the complete report is also available online at: http://www.englewoodco.gov/home/showdocument?id=21951 i. CDBG Experience The City of Englewood Community Development staff have been directly responsible for the administration and monitoring of CDBG funded projects since 1981 as funded through HUD, the Colorado Division of Housing, and Arapahoe County. 21. Does your organization currently: ☒ YES ☐ NO Conduct an annual independent financial audit? ☒ YES ☐ NO Have a written policy and procedure for determining client eligibility? ☒ YES ☐ NO Collect and maintain demographic information for each client? ☒ YES ☐ NO Have a written employee conflict of interest policy and procedure? ☒ YES ☐ NO Allocate employee’s salaries and benefits to multiple grants, or funding streams? ☐ YES ☐ NO If not, does your organization have the resources and capacity to allocate and track staff time to specific projects/grants? ☒ YES ☐ NO Have a written procurement/purchasing policy? Page 261 of 461 16 22. Please list the names and titles of all persons with the authority to sign contracts or other legal documents for your agency. Linda Olson, Mayor Dorothy Hargrove, Acting Deputy City Manager Page 262 of 461 17 Complete for Acquisition, Housing Rehabilitation and Public Facility Projects 1. Provide a detailed scope covered by this project (identify all phases). Please see pages 5,6, 7, 8, 9, and 10 of the Application. 2. Does your agency have experienced staff, or volunteers, or will you hire contractors? Ms. Nancy Fenton has administered the City of Englewood’s Homeowner Fix‐Up Project and E3 Projects since 2005, which were funded through CDBG monies. She has conducted interviews with homeowners, reviewed financial documentation to determine financial eligibility and compliance with Federal regulations, and completed quarterly and monthly reports. She monitors the project execution to completion by tracking each individual project’s scope per schedule and budget. Two other staff members have a combined total of six year’s experience with CDBG in other states, in addition to being on the El Paso County Advisory Board reviewing and recommending applications. 3. Does the project manager have experience with federal procurement regulations and labor requirements? Describe the size and scope of projects previously administered. Yes; in addition to the projects listed above, Ms. Fenton manages the Housing Rehabilitation Program and Colorado Division of Housing loan programs with a combined loan portfolio in excess of $2.2 million. Further, two additional staff members have experience with administering CDBG‐funded projects in other states. 4. Does the proposed use meet zoning requirements? ☐ YES ☐ NO ☒ N/A Page 263 of 461 18 Complete for Acquisition, Housing Rehabilitation and Public Facility Projects 5. Does your agency own the building or have site control? ☐ YES ☐ NO ☒ N/A i. If not, will you own it by May 1, 2019? ☐ YES ☐ NO ☒ N/A ii. Has your agency executed a contract to purchase the property? ☐ YES ☐ NO ☒ N/A iii. Does your agency have a lease? ☐ YES ☐ NO ☒ N/A Please identify term of lease and when it will be renewed. ☒ N/A 6. Will persons or businesses be displaced? ☐ YES ☐ NO ☒ N/A i. If yes, does your agency have non-CDBG funding available to pay relocation expenses? 7. How long will the site be used for its intended purpose? ☒ N/A Page 264 of 461 19 I have reviewed this application and agree that the description, goals, impact, budget and other aspects of the described project are reasonable and accurate. I agree that the project will be completed as presented in this application (without modification) if my agency receives CDBG funds. Project Manager Name: Nancy G. Fenton Title: Executive Assistant Signature: Date: The Statements and data in this application are correct and true to the best of my knowledge, and its submission is authorized by the governing body of the applicant. I understand that Arapahoe County may verify any and all statements contained in this application, and that any false information or omission may disqualify my agency from further consideration of CDBG funding. I also understand that, upon submission, this application becomes the property of Arapahoe County and will not be returned to my agency in whole or in part. Name: Linda Olson Title: Mayor Authorized Signature: Date: Page 265 of 461 Page 266 of 461 Page 267 of 461 22 Pre‐Award Risk Assessment Questionnaire In compliance with CFR 200.331, Arapahoe County must evaluate each organization’s risk of noncompliance with Federal statutes, regulations and terms and conditions of the award agreement. The results of this risk assessment will determine the level of monitoring required if an award agreement is granted by the County. Organization Legal Name: ___City of Englewood______________________________________________________ Address: ___1000 Englewood Parkway _____________________________________________________________ City: ____Englewood______________State: ___CO______Zip:_______8011‐2373__________________________ E‐mail: ___________________________ Phone: __303.762.2300__________ Fax: __________________________ Federal Employer Identification Number (EIN) ________________________________________________________ DUNS number_____07‐575‐0133 __________________________________________________________________ Yes No Is the organization owned or controlled by a parent entity? If “Yes”, please provide the following: Parent Entity Legal Name: ________________________________________________________________________ Parent Entity Address: ___________________________________________________________________________ City, State, Zip: _________________________________________________________________________________ Parent Entity Congressional District: ________________________________________________________________ Parent Entity EIN: _______________________________________________________________________________ Parent Entity DUNS: _____________________________________________________________________________ SAM.gov Registration? (Must be completed prior to executing contracts (free registration)) Yes No If yes, SAM.gov Active Exclusions? (Yes means you have active exclusions and are not eligible to receive federal funds; No means you do not have an active exclusion and are eligible to receive federal funds; Please check your SAM.gov status for confirmation) Yes No SAM.gov Delinquent Federal Debt? (In SAM.gov, this is listed as “Debt Subject to Offset?”) Yes No Core Information 1. Facilities and Administrative (F&A) Rates are calculated based on: Our federally‐negotiated F&A rates for this type of work. (If this box is checked, please attach a copy Page 268 of 461 23 of your F&A rate agreement or provide a URL link to the agreement.) Other rate (please specify) ____________________________________________________________ Not applicable – Organization is not requesting payment of F&A costs. 2. Fringe Benefit (FB) Rates are calculated based on: Rates consistent with or lower than our federally‐negotiated rates. (If this box is checked, please attach a copy of your FB rate agreement or provide a URL link to the agreement.) Other rates (please specify) ____________________________________________________________ 3. Yes No Significant changes in key personnel? If “Yes”, name and title held? __________________________________________________ 4. Yes No Small Business Concern Organization represents that it is a small business concern as defined in 13 CFR 124.1002. Cost Sharing 5. Yes No Cost Sharing, if "Yes": Amount: $_________________________ Cost sharing, matching and/or in‐kind amounts and justification should be included in the organization’s budget. Any offered cost share is considered a binding fiscal obligation and must be documented accordingly. How does the organization determine that it has met cost‐sharing goals? _________________________________ _____________________________________________________________________________________________ Compliance 6. Yes No Does organization conduct an annual audit in accordance with OMB Regulations (2 CFR Part 200.331 (f), as applicable)? If “Yes”, Most recent fiscal year completed: _____2017________________ By who? ___Hinkle & Company____________________________ If “No”, Organization is a: Non‐profit entity below federal funding threshold Foreign entity For profit entity Government entity below funding threshold Please attach a complete copy of your most recent single audit report or independent audit or provide the URL link to a complete copy. 7. Yes No Was the previous years’ audit(s) completed by the same audit firm? If “Yes”, how many years has the Page 269 of 461 24 same firm completed the audit? _____2 years___________ 8. Yes No Were any audit findings specifically related to sub‐awards? If "Yes," please explain: __________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 9. Does the most recent audit report reveal any of the following? Yes No Material Weakness Yes No Significant Deficiency Yes No Instances of Material Non‐compliance If “Yes” to any of the above, indicate what actions are being taken to resolve: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Internal Controls 10. Yes No Does your organization have internal controls to prevent the spending of funds in excess of approved budgeted amounts? If “Yes”, please describe: The Program Administrator utilizes The Mortgage Office to track all project costs and the City Finance Department reconciles project expenditures through New World.______________________________________________________ 11. Yes No Does your organization’s procedures ensure that costs deemed unallowable, per the federal guidelines noted above, are excluded from the amount billed to the county under this award agreement? If “Yes”, please describe: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 12. Yes No Does the organization have procedures which provide assurance that consistent treatment is applied in the distribution of charges to all grants? 13. Yes No Are duties separated so that no one individual has complete authority over an entire financial transaction? 14. Yes No Does your organization have bond insurance for employees handling cash? Page 270 of 461 25 15. Yes No Does your accounting system segregate cost and revenues by funding source? Cash Management 16. Yes No Are all bank accounts reconciled monthly? 17. Yes No Are all costs properly documented with evidence of receipt of goods or performance of services? 18. Yes No Are U.S. Federal Government funds deposited in a separate bank account or accounted for through grant‐loan fund control accounts? Payroll 19. Yes No Are payroll charges checked against program/project budgets? What system does your organization use to control paid time, especially time charged to sponsored agreements to ensure accurate allocation of employee time? _____Time Clock Plus ___________________________________________________________________________ _____________________________________________________________________________________________ Procurement 20. Yes No Are there procedures to ensure purchasing at competitive prices that are compliant with 2 CFR §§200.317‐200.326? 21. Yes No Does your organization have the ability to account for equipment purchases greater than $5,000 per item? 22. Yes No Is there an effective system of authorization and approval of Capital equipment costs? 23. Yes No Is there an effective system of authorization and approval of Travel costs? Property Management 24. Yes No Are detailed records of individual capital assets kept and periodically balanced with the general ledger records? 25. Yes No Are there effective procedures for authorizing and accounting for the disposal of property and equipment? 26. Yes No Are detailed property records periodically checked by physical inventory? Briefly describe the organization’s policies concerning capitalization and depreciation: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Page 271 of 461 Page 272 of 461 27 List of Attachments: Attachment A: Organizational Budget Attachment B: Balance Sheet Attachment C: Income Statement Attachment D: Cashflow Statement Attachment E: Statement of Shareholders’ Equity Attachment F: Financial Audit with Management Letter Attachment G: Articles of Incorporation / Bylaws Attachment H: Non-profit Determination / Tax Status Certification Attachment I: W-9 Attachment J: Board of Directors Attachment K: Designation of Authorized Official / Signatory Resolution Attachment L: Organization Chart Attachment M: Key Staff Resumes Attachment N: Employee Conflict of Interest Policy Attachment O: Procurement Policy Attachment P: References Attachment Q: Agency Application Form and/or Intake Form for Client Services Attachment R: Project Service Area Map Attachment S: Project Drawings and Specifications (Public Facility and Infrastructure) Attachment T: Capital Needs Assessment Attachment U: Lease Agreement Optional Attachments: Attachment V: Letter(s) of Support Attachment W: Agency Brochures and Marketing Materials Attachment X: Project Photographs Attachment Y: Other Relevant Documents Page 273 of 461 28 Attachment A: Organizational Budget Page 274 of 461 City of Englewood, Colorado2018 Budget OverviewGeneral Fund Sources Amount % General Fund Uses Amount %RevenueExpenditureSales & Use Taxes 27,922,380$ 60% Police Services 14,083,628$ 28%Charges for Services 2,939,487 6% Parks, Recreation & Library Services 7,609,755 17%Franchise Fees 3,294,000 7% City Manager's Office 7,133,210 15%Property Tax 4,002,000 8% Public Works 6,334,875 13%Cultural & Recreation Program Fees 2,844,600 6% Finance & Administrative Services 1,494,052 3%Intergovernmental Revenue 1,326,671 3% Community Development 2,644,501 6%Fines & Forfeitures 891,450 2% Information Technology 2,717,469 6%Specific Ownership & Cigarette Taxes 517,000 1% Debt Service 1,565,297 3%Licenses & Permits 1,375,804 3% Municipal Court 1,106,719 2%Component Units Contribution 1,548,000 3% City Attorney's Office 848,822 2%Other 597,476 1% Human Resources 771,274 2%Interest 49,946 0% Communications 434,015 1%Total Revenue 47,308,814 Legislation-City Council & Boards 330,002 1%Contingencies 228,300 0%Other Financing Sources 120,272 0% Total Expenditure 47,301,920 Other Financing Uses 500,000 1%Total Sources of Funds 47,429,086$ 100% Total Uses of Funds 47,801,920$ 100%Net Sources (Uses) of Funds (372,834)$ Estimated Fund Balance - January 1, 2018 11,190,855 Estimated Fund Balance Before Reserves 10,818,021 Reserves (6,317,099) Estimated Unassigned Fund Balance - December 31, 20184,500,922$ 60%6%7%8%6%3%2%1%3%3%1%0%28%17%15%13%3%6%6%3%2%2% 2%1%1%Page 275 of 461 City of Englewood, Colorado 2018 Budget Overview January 1, 2018 Est Fund Balance Sources of Funds Uses of Funds December 31, 2018 Est Fund Balance GOVERNMENTAL FUND TYPES General Fund 11,190,855 47,429,086 47,801,920 10,818,021 Conservation Trust 114,413 310,000 310,000 114,413 Community Development - - - - Donor's 604,009 107,560 490,060 221,509 Malley Center Trust 221,247 7,000 100,000 128,247 Parks and Recreation Trust 368,858 6,500 300,000 75,358 Open Space 205,409 805,000 615,000 395,409 General Obligation Bond 54,990 1,102,000 1,105,688 51,302 Police HQ General Obligation Bond 979,343 2,199,250 2,215,813 962,780 Public Improvement 902,861 3,890,000 4,425,352 367,509 Capital Projects 58,432 2,217,052 1,965,833 309,651 Police HQ Construction 24,070,017 150,000 24,157,003 63,014 PROPRIETARY FUND TYPES Water 11,801,963 8,790,323 10,484,540 10,107,746 Sewer 6,382,232 16,249,395 21,042,797 1,588,830 Storm Drainage 1,204,709 332,514 479,012 1,058,211 Golf Course 691,841 2,266,300 2,249,341 708,800 Concrete Utility 895,062 884,200 898,565 880,697 Housing Rehabilitation 1,470,368 445,326 1,068,505 847,189 Central Services 92,392 306,815 275,983 123,224 ServiCenter 775,901 2,234,958 2,219,813 791,046 Capital Equipment Replacement 2,260,932 1,005,483 1,393,857 1,872,558 Risk Management 484,291 1,401,443 1,415,694 470,040 Employee Benefits Fund 562,057 6,397,725 5,773,051 1,186,731 All Funds Total 65,392,182 98,537,930 130,787,827 33,142,285 General Fund is the operating fund of the City. It is used to account for all financial resources except for those required to be accounted in another fund. Internal Service Funds account for the financing of goods or services provided by one department or agency to other departments or agencies of the government, and to other governmental units, on a cost reimbursement basis. Debt Service Fund accounts for the accumulation and payment of long-term debt principal and interest other than long-term debt accounted for in enterprise funds. Special Revenue Funds account for the proceeds of specific revenue sources that are legally restricted to expenditure for specified purposes. Capital Project Funds account for financial resources to be used for the acquisition and/or construction of major capital facilities (other than those financed by proprietary funds or special revenue funds). Enterprise Funds account for operations financed and operated in a manner similar to private business enterprises. Page 276 of 461 Page 277 of 461 Page 278 of 461 Page 279 of 461 Page 280 of 461 Page 281 of 461 Page 282 of 461 Page 283 of 461 Page 284 of 461 Page 285 of 461 Page 286 of 461 Page 287 of 461 Page 288 of 461 Page 289 of 461 Page 290 of 461 Page 291 of 461 Page 292 of 461 Page 293 of 461 Page 294 of 461 Page 295 of 461 Page 296 of 461 Page 297 of 461 Page 298 of 461 Page 299 of 461 29 Attachment B: Balance Sheet Page 300 of 461 30 Attachment C: Income Statement Page 301 of 461 31 Attachment D: Cashflow Statement Page 302 of 461 32 Attachment E: Statement of Shareholders’ Equity Page 303 of 461 33 Attachment F: Financial Audit with Management Letter Page 304 of 461 Page 305 of 461 Page 306 of 461 Page 307 of 461 Page 308 of 461 Page 309 of 461 Page 310 of 461 Page 311 of 461 Page 312 of 461 Page 313 of 461 Page 314 of 461 Page 315 of 461 Page 316 of 461 Page 317 of 461 Page 318 of 461 Page 319 of 461 Page 320 of 461 Page 321 of 461 Page 322 of 461 Page 323 of 461 Page 324 of 461 Page 325 of 461 Page 326 of 461 34 Attachment G: Articles of Incorporation / Bylaws Page 327 of 461 35 Attachment H: Non-profit Determination / Tax Status Certification Page 328 of 461 36 Attachment I: W-9 Page 329 of 461 37 Attachment J: Board of Directors Page 330 of 461 Page 331 of 461 38 Attachment K: Designation of Authorized Official Page 332 of 461 RESOLUTION NO. ____ SERIES OF 2018 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR 2019 COMMUNIT Y DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. WHEREAS, the Englewood City Council has approved CDBG applications since 1977 and approved the execution of an Intergovernmental Agreement with the passage of Ordinance No. 37, Series of 1991, covering the City's participation in the Arapahoe County CDBG Entitlement Program for funding years 1992 through 1994; WHEREAS, the Englewood City Council approved passage of Ordinance No. 13, Series of 2006, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Entitlement Program for funding years 2007 through 2009; WHEREAS, the Englewood City Council approved passage of Ordinance No. 22, Series of 2009, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Program and HOME Investment Partnership Programs for federal fiscal years 2010 through 2012; WHEREAS, the Englewood City Council approved passage of Ordinance No. 25, Series of 2012, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Program and HOME Investment Partnership Programs for federal fiscal years 2013 through 2015; WHEREAS, the Englewood City Council approved passage of Ordinance No. 19, Series of 2015, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Program and HOME Investment Partnership Programs for federal fiscal years 2016 through 2018; WHEREAS, the Englewood City Council approved passage of Ordinance No. 81, Series of 2017 , authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Program and HOME Investment Partnership Programs for federal fiscal years 2018 through 2019 ; WHEREAS, the Arapahoe County Community Development Block Grant Program provides grants to participating municipalities to meet housing and community development needs; and WHEREAS, to compete in the Arapahoe County Community Development Block Grant Program, local governments must submit an application; and WHEREAS, the City of Englewood has received a notice of fund availability; and WHEREAS, the City of Englewood, Colorado, desires to apply for these funds through the Arapahoe County 2019 Community Development Block Grant Program to fund the Energy Efficiency Englewood Project and House of Hope staffing project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Page 333 of 461 ENGLEWOOD, COLORADO, THAT: Section 1. The City of Englewood, Colorado, is hereby authorized to file an application for 2019 Arapahoe County Community Development Block Grant funds. Section 2. The Mayor and City Clerk are authorized to sign and attest all necessary forms, documents, assurances and certifications for the Community Development Block Grant application for and on behalf of the City Council and the City of Englewood. ADOPTED AND APPROVED this 5th day of November, 2018. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution ____, Series of 2018. Stephanie Carlile, City Clerk Page 334 of 461 39 Attachment L: Organization Chart Page 335 of 461 Page 336 of 461 40 Attachment M: Key Staff Resumes Page 337 of 461 41 Attachment N: Employee Conflict of Interest Policy Page 338 of 461 26 3.2 CONFLICTS OF INTEREST PURPOSE To set forth the policy on conflicts of interest. SCOPE All City employees. POLICY The City of Englewood expects all employees to act at all times in the City’s best interests and to exercise sound judgment unclouded by personal interests or divided loyalties. Additionally, the City requires each employee to carry out all City related business in a manner that reflects the highest standards of ethical conduct, and in accordance with all federal, state, and local laws and regulations. A local government official or local government employee shall not: (a) Engage in a substantial financial transaction for his private business purposes with a person whom he inspects or supervises in the course of his official duties; (b) Perform an official act directly and substantially affecting to its economic benefit a business or other undertaking in which he either has a substantial financial interest or is engaged as counsel, consultant, representative, or agent; or (c) Accept goods or services for his or her own personal benefit offered by a person who is at the same time providing goods or services to the local government for which the official or employee serves, under a contract or other means by which the person receives payment or other compensation from the local government, unless the totality of the circumstances attendant to the acceptance of the goods or services indicates that the transaction is legitimate, the terms are fair to both parties, the transaction is supported by full and adequate consideration, and the official or employee does not receive any substantial benefit resulting from his or her official or governmental status that is unavailable to members of the public generally. It shall not be a breach of fiduciary duty and the public trust for a local government official or local government employee to accept or receive a benefit as an indirect consequence of transacting local government business. C.R.S. 24-18-109 The City recognizes and respects employees’ right to engage in activities outside of employment which are private in nature and do not in any way conflict with city business. If an employee has any question regarding a potential conflict, the employee should discuss the issue with their immediate supervisor. City employment will be considered each full-time employee’s primary employment. No employee may engage in outside employment, including self-employment, which in any manner interferes with proper and effective job performance, results in a conflict of interest, or which may subject the City to public criticism. It is not the intent of this policy to prevent any employee of the City from accepting other employment or following any pursuit which does not interfere with the full and faithful discharge of such duties to the City. An employee is prohibited from performing an act, other than in one’s capacity as a City employee, which may later be subject, directly or indirectly, to control, inspection, review or audit by such employee or by the City department in which the employee is employed, unless specifically approved by the City Manager. An employee Page 339 of 461 27 is prohibited from transacting business with the City or any of its agencies in the course of his/her secondary employment or business. Outside employment shall not be an acceptable reason for not responding in a timely manner in case of emergency or when the employee is on call. An employee is prohibited from engaging in any employment activity, or enterprise which involves the use of the City’s time, facilities, equipment, supplies, prestige, information, badge, or uniform, except as otherwise approved by the City Manager. Page 340 of 461 42 Attachment O: Procurement Policy Page 341 of 461 95 7.2 PURCHASING REQUIREMENTS PURPOSE Clarifies City policy regarding purchases. SCOPE All employees purchasing goods or services on behalf of the City of Englewood are required to adhere to the City’s Purchasing Policies and Procedures. The Englewood Environmental Foundation and the Englewood/McLellan Reservoir Foundation should also follow these policies so the public and vendors are confident the Foundations purchasing is fair and open to all qualified vendors. POLICY Policy and Procedures Intent Because the procurement of goods and services may be subject to intense internal and external scrutiny it is vital that all City employees making purchases on behalf of the City understand the following policies and procedures. The intent of the Purchasing Policy and Procedures is to provide guidance on and standardize all purchasing and procurement activities. Each employee is responsible for ensuring City funds are used in a manner which assures the public that the funds they provide are used in an efficient and effective manner that furthers the public good. The City Manager has the authority to prescribe rules, regulations, and policies necessary to control purchasing activities in accordance with the Home Rule Charter and Englewood Municipal Code. Overview of General Policies The following are general policies and guidelines for all employees purchasing goods or services on behalf of the City of Englewood. • All purchases are for the benefit of the City of Englewood; employees should not have any personal or financial stake in the purchase of any goods or service. • All purchases require proper authorization. • All purchases must be accounted for in the proper fund, division, and general ledger account. • All purchases must have required and sufficient documentation, including the payee, what was purchased, the quantity, and the amount. • All purchases must be included in the current budget or have the City Manager’s approval to prepare a supplemental budget appropriation. • All purchases should be of the best economic and functional advantage to the City. All purchases should be evaluated on price, quality, and functionality. • All purchases should be made competitively to ensure the best pricing. • Purchases should be made from local vendors whenever possible. • All individual purchases should be accounted for as a single transaction and not artificially separated to avoid any requirements of this Policy. • All purchases made using funding from outside City sources, i.e., grants, open space, etc. must comply with the City Purchasing Policies and Procedures. • All purchases involving the use of federal, state or other intergovernmental funding must comply with all applicable laws, regulations, statutes and/or agreements. • The City’s budget for the purchase of any product or service shall not be disclosed to any potential vendor to ensure the City receives the lowest bid possible. Page 342 of 461 96 Conflicts of Interest If a potential conflict of interest exists or is perceived to exist, the employee is required to notify his/her supervisor in writing. The supervisor will forward the information to the Department Director who will inform the City Manager. Duties and Functions of the Finance and Administrative Services Department The purchasing function (FAS Department) shall serve to: • Ensure all purchases; contracts, etc. are made in conformance with the City Charter, Code, and any other applicable state and federal laws and regulations. • Minimize or eliminate disruptions in operations resulting from the lack of material, equipment, or supplies. • Procure the highest quality goods and services at the lowest possible price in a timely manner. • Avoid duplication, waste, and obsolescence with respect to the procurement of goods and services. • Maintain good vendor relations. • Maintain a “level playing field” so all vendors have a chance to provide goods and services to the City. • Maintain vendor confidentiality regarding suppliers’ prices and technical information in order to preserve good business relations, reputation and competitive pricing. • Support local suppliers - Section 114 of the Charter requires local purchases of products that are not subject to competitive bidding and are comparable to products offered by outside sources. • Manage the disposal of items no longer of use to the City. • Protect the City and its citizens from harm, loss, or damage related to purchasing activities. In order to implement the following Purchasing Policies and Procedures for the City, the duties and functions of the Finance and Administrative Services Department (FAS) are as follows: • Provide fiscal control to ensure adequate funds are available for purchases. • Ensure proper purchasing procedures were followed in making purchases. • Pay vendors, maintain all purchasing and accounts payable records. • Administer the Purchasing Card (P-Card) program. • Maintain encumbrance and expenditure records. • Prescribe and maintain such forms as the FAS Department shall find reasonable and necessary to implement and support the purchasing procedures contained within this policy. • Offer periodic purchasing training as needed for City employees. Duties and Functions of City Departments In order to implement the following Purchasing Policies and Procedures of the City, the duties and functions of the departments procuring goods and/or services are as follows: • Ensure adequate funds are budgeted and available for purchases prior to committing to any purchase. • Ensure City policies and procedures are followed. • Ensure all required approvals are obtained prior to purchase. • Verify all purchases are charged to the proper accounts. • Anticipate and communicate plans with the Purchasing Department with regard to bid contracts. The Purchasing Department may not be able to immediately accommodate unscheduled bids. Page 343 of 461 97 • Inspect all deliveries promptly to ensure that orders were properly filled and that materials were received in good condition. • Ensure all employees involved in the procurement process are familiar with the policies and procedures. • Reconcile purchasing card (P-Card) activity monthly. • Maintain good relations with vendors. Authorization Levels In order to fully implement a City wide purchasing policy that will provide sufficient standardization and accountability as well as ensure a sufficient degree of operational flexibility to the City’s various departments, the following levels of purchasing and authorization limits are established: $0 - $4,999 Designated employees have the authority to make purchases for commodities and services of up to $4,999 without quote or bids for items approved in the current year budget. No formal or competitive bids or quotations are required and the purchase is at the Buyer’s discretion. $5,000 - $24,999 ($49,999 Enterprise Funds) Purchases between $5,000 and $24,999 ($49,999 for Enterprise Funds) require two or more written quotations from vendors unless justified in writing by requestor to purchase from a sole source. Sole source purchases must justify reasonableness of price via published price list, etc. • $25,000 and over ($50,000 Enterprise Funds) Purchase of supplies, materials and equipment exceeding $25,000 ($50,000 for Enterprise Funds) require formal sealed competitive bidding. Cooperative purchasing may be an option. $10,000 and over Purchase of supplies, materials, equipment and professional services contracts (except legal services) over $10,000 require the City Manager’s approval prior to committing to the purchase (City Manager Policy). Capital Expenditures are subject to all Purchasing Policies and Procedures. Purchasing Policy 6 Required Procedures • Designated employees hiring anyone for Services exceeding $24,999 (General and Enterprise Funds), will be required to execute the proper contract obtained from the Purchasing Department with all required approvals prior to submitting the request for purchase order or request for payment. • Designated employees hiring anyone for Professional Services exceeding $9,999 (General and Enterprise Funds), will be required to execute a Professional Services Agreement obtained from the Purchasing Division with all required approvals prior to submitting the request for purchase order or request for payment. • All legal services require the City Attorney’s approval except for those initiated/incurred by the Municipal Court (e.g. associate judges, court-appointed counsel, etc.). • All technology hardware and software must be approved by and purchased by the IT Department. • The purchase of city vehicles must comply with APM 7.3. • The City Manager must approve all purchases exceeding $10,000. Exceptions include: • Sand-gravel aggregate and asphalt materials used for street construction and maintenance provided the purchases are based on a unit quantity basis. Page 344 of 461 98 • Wastewater and Water Distribution chemical orders provided the purchases are based on unit quantity basis. • Sales Tax refunds, Water/Sewer refunds, Utility payments, Court refunds. • Items Requiring City Council Approval: • Purchase of Real Estate in any amount by ordinance. • All formal sealed bids must be awarded by City Council. • All professional service contracts exceeding $24,999. The City Manager or his/her designee has the authority to purchase commodities, supplies and equipment under any general bid or purchase contract of the United States Government, State of Colorado or other government jurisdiction at those prices, terms and conditions if the City Manager deems the prices, terms and conditions to be the lowest and best bid. The City Manager or his/her designee may purchase goods for resale by the City on the open market or through negotiations without receiving sealed, competitive bids. All purchases of commodities or services $5,000 and over must comply with the Purchasing/Payables Checklist or Flowchart prior to submitting a purchasing request or an accounts payable payment request. Missing or incomplete requests will be denied and returned to the originating department. Purchasing Cards (P-Cards) A purchasing card (or P-Card) is a form of City payment that allows goods and services to be procured without using traditional purchasing processes. Purchasing cards are a convenient method of making routine, small purchases as well as larger purchases within the confines of the Purchasing Card Policy. P-Cards are issued to City employees who are expected to follow the City’s policies and procedures related to P-Card use, including reviewing and approving transactions according to a set schedule (monthly). The City has implemented a variety of controls for each P-Card; for example, single-purchase dollar limits, monthly limits, merchant category code (MCC) restrictions, etc. For more detailed information, please refer to the Purchasing Card (P-Card) Policy, APM 7.1. Petty Cash Petty cash funds may be used to pay for small obligations, which do not exceed $25.00 (except for bonds returned by the Municipal Court) and cannot be paid by a check, purchase order, or purchasing card (P-Card). • Petty cash is maintained by various City departments. • Petty cash shall be obtained through completion of a “Petty Cash Authorization” form. • Petty cash is not to be used for labor or service expenses; these expenses should be paid by P-Card or check. • Petty Cash may be replenished as needed. • Petty Cash may be audited from time-to-time. Page 345 of 461 99 Requisition Requirements A Requisition is the initial stage of requesting a purchase order or cash disbursement. Requisitions are to be used when purchases cannot be made with a P-Card and for the purchase of computers, software, peripherals and capital items. No City employee shall commit the City to a vendor’s terms and conditions until they have been reviewed either by Purchasing or the City Attorney. All Credit Applications are to be completed and signed by Purchasing. Purchase Order “PO” type requisitions should be used for the following examples: • Any commodities, construction or services that require the bidding process • In instances where a purchase order is required by the vendor Cash Disbursement “CD” type requisitions should be used for the following examples: • Small dollar transactions • Training • Professional services (see Professional Services on Page 13) • Technical services • Refunds • Any purchase that does not require a purchase order • Non P-Card purchases Cash Disbursement “Open”: • A list of CD Opens is provided by the Accounting Division every year based on prior year purchases. • Requisitions are not required for purchases using CD Opens. • Invoices should be submitted to Accounts Payable with the PO number from CD Open list. • New CD Opens may be requested from Accounts Payable and are subject to all Purchasing Policies and Procedures. Purchase Orders A Purchase Order (PO) is a document issued by the City to a vendor indicating the type, quantity, and agreed price for products or services the vendor will provide to the City. A PO controls the purchasing of products and services from external suppliers. Sending a purchase order to a vendor constitutes a legal offer to buy products or services. Acceptance of a purchase order by the vendor usually forms a contract between the City and the seller, so no contract exists until the purchase order is accepted by a vendor. Purchase Order requirements: • The requesting department shall be responsible for obtaining prices, designating vendors, and preparing Purchase Order Requests in advance of the required date. • All Purchase Order Requests must have proper approval to be converted to a Purchase Order prior to placing orders with vendors. Sole Source Purchases A Sole Source Purchase eliminates the competition for bids and is often subjected to intense scrutiny by the public and suppliers of goods and services. Sole Source Purchases should be made only when a vendor has a product or service that is unique (i.e. its’ product specification or service are such that no other vendor can provide a comparable service or product that would offer the same result or reasonably meet City requirements). Generally, the product or services Page 346 of 461 100 is unique, specialized, or proprietary. Sole Source Purchases should be rare as most goods and services can be procured from a variety of vendors. Competition between vendors ensures the City is receiving the best price and quality. Departments are responsible for ensuring the validity of sole source purchases and providing adequate documentation for all sole source purchases. Competitive Bidding Requirements Bidding procedures are used to provide vendors the opportunity to bid, to elicit greater vendor response, and to promote competitive pricing and innovation from vendors for the purchase of items of significant monetary value. Purchases of supplies, materials, services, construction or equipment (excluding professional services) $25,000 or more ($50,000 or more for Enterprise Funds) require a Sealed Competitive Bid administered through the City’s bidding process. Budgeted supplies, equipment or materials in excess of the dollar bid limit indicates only that the department has planned for the purchase, it does not exempt the purchase from competitive bid if it would otherwise require one. Council approval of the Budget does not override the requirements of these policies. Nothing herein shall be construed to prohibit the Purchasing division from calling for sealed competitive bidding for any purchase of supplies, materials and equipment in any case where it is determined it is advisable to do so. The City may utilize cooperative purchasing whenever possible through the State bid list as well as other organizations e.g., MAPO, WSCA, U.S. Communities, etc. Developing Specifications The requesting Department is most knowledgeable regarding the form and function of their projects and is responsible for the development of specifications. Specifications should be developed with attention to the following guidelines: • Specifications should be concise, free of ambiguities, and provide a sound basis for competitive bidding. • Specifications should only require features or quality levels necessary for the function or operation. • Performance specifications are preferable to promote innovation and cost reduction. • More than one acceptable brand name should be considered when preparing specifications. • The use of a particular brand’s specification is discouraged; however, when such a use is justified, the bid documents must bear a statement to the effect that specifications are not intended to be restrictive and any equivalent meeting or exceeding specifications will be acceptable as determined by the City. • Suppliers should not be used to prepare specifications. If changes to specification are necessary after the bids have been published and advertised, such changes will be accomplished using an addendum. Any such addendum will be sent to all bidders. All bids requiring the performance of services by a vendor shall be reviewed to determine if a bid bond, performance bond, payment bond, Worker’s Compensation insurance, General Liability insurance, and Auto Liability insurance are required. Page 347 of 461 101 Project Coordination The Department Director, in which the project is budgeted, or his/her designee, shall serve as the City Project Manager for the project. The responsibilities of the City Project Manager are as follows: • Review all plans, specifications, bid documents, and contracts prior to distribution to ensure adequacy and conformance to City standards. • Ensure that all bid documents, contracts, general conditions, special conditions and bond forms are reviewed by the Purchasing Division, other than standard forms, prior to distribution. • Recommend and coordinate issuance of the “Notice to Proceed.” • Act as the City liaison with consultants, engineers, architects, and other professionals responsible for contract administration, including general contractors. • Review all periodic payment requests and coordinate processing of such requests. • Review and recommend action on any contract change orders. • Inform the City Manager of the contract progress and any problem areas. • Coordinate financial status of contract with the FAS Director. • Initiate the release of retainage, performance bond, and appropriate advertising. Retainage Retainage is a portion of the contract price that is deliberately withheld from payment until the work is complete or substantially complete to assure the contractor or subcontractor(s) will satisfy its’ obligations and complete the construction project. The City of Englewood holds five (5) percent of the contract amount in retainage. State Statutes dictate the amount of retainage the City of Englewood can require so it is important to stay current on any changes introduced or enacted by the state legislature. Bid Documentation Requirements All bid documents become public information upon completion of the bid opening. Bid documents are filed and retained in the Purchasing Division and contain the following information, as applicable to the specific project: • Instructions to bidders • Where the bidder can obtain bid documents • Any costs of bid documents • Bid submittal deadline • Date, time, and location of bid openings • Any bond and/or insurance requirement • Any special requirements • Form of contract to be signed • General conditions • Minimum specifications • A statement that the City reserves the right to reject any and all bids, and accept the bid deemed to be the lowest cost from the most reliable and responsible bidder • Bid proposal form • Delivery date or completion date • Period of bid validity • Scope of work and/or project description • Addendums All bids requiring labor to be performed at a City owned site shall require, as applicable: • Performance Bond (above $50,000 both General and Enterprise Funds) • Payment Bonds (above $50,000 both General and Enterprise Funds) • Certificates of Liability • All Risk Property Insurance • Workers’ Compensation and Employers Liability Insurance • Excess Liability • Cyber Liability • Errors and Omissions Insurance Page 348 of 461 102 All bids requiring the contractor to provide a Certificate of Liability (COL) will name the City as an additional insured. The COL must detail the Department, work to be performed and a description of the property and/or activity/operation that it covers and the expected contract completion date. The COL amounts for the following insurance coverages are: General Liability: • $1,000,000 each occurrence • $2,000,000 general aggregate Automobiles: • $1,000,000 combined single limit All required bonds and insurance shall be in the amount mandated by Colorado State Statutes. Bid Evaluation In addition to the bid amount, additional factors need to be considered as an integral part of the bid evaluation process, including, but not limited to: • The bidder’s ability, capacity and skill to perform within the specified time limits. • The bidder’s experience, reputation, efficiency, judgment and integrity. • The quality, availability and adaptability of the supplies or materials bid. • The bidder’s past performance. • Sufficiency of bidder’s financial resources to fulfill the contract. • The bidder’s ability to provide future maintenance and/or service. • Other applicable factors as the City determines necessary or appropriate (such as compatibility with existing equipment or hardware). If a bid other than the low bid is recommended, the requesting Department must demonstrate how that bid serves the best interests of the City and obtain City Council approval. Change Orders A Change Order is required when an amendment (due to unforeseen circumstances) to an existing contract is necessary. A well thought out contract should eliminate the need for most change orders. Multiple change orders or a change order at the onset of a project may indicate a contractor did not submit a legitimate initial bid or the project specifications were inadequate. If a contractor submits a change order at the onset of a project, the Project Manager should review the change order to determine if the change order is due to unforeseen circumstances, if not, the change order should be denied. All change orders need to be on a Change Order Form (provided by the Purchasing Division) with a clear and detailed reason for the change order. The project manager is responsible for the initial approval of all changes orders. If a change order is necessary, the following guidelines are used for approval of the change order: • Change order requests of $4,999.99 or under (but not more than 10% of the original contract amount) shall be in writing and approved by the Project Manager and Department Director. • Change order requests of $5,000 or more (or more than 10% of the original contract amount) shall be in writing and approved by the Project Manager, Department Director, and City Manager. • A completed Change Order Request Form and documentation from the vendor must accompany every change order. • A requisition must be created for all change orders. Professional Services Agreements for the procurement of professional services, including architectural, engineering, legal, consulting services or other services that require the services of a professional, shall be negotiated based on demonstrated competency and qualification to the type of service required Page 349 of 461 103 by the City at fair and reasonable fees. The City’s budget for the service shall not be disclosed to any professional service provider to ensure the City receives the lowest cost possible. Justification shall be provided on the Purchase Request as to the selection of the firm for professional services. The authority and limits for procurement of professional services shall be as follows: • A standard City “Professional Services Contract” must be completed for all professional services exceeding $10,000 prior to starting work. • Up to $9,999.99 approved by Department Director. • Over $10,000 but under $25,000 approved by the Department Director, reviewed by the City Attorney and then approved by the City Manager. • Over $25,000 approved by the Department Director, reviewed by the City Attorney, and then approved by the City Manager and City Council. All purchases of professional services must comply with the Professional Services Checklist or Flowchart prior to submitting a purchasing request or an accounts payable payment request. Missing or incomplete requests will be denied and returned to the originating department. Property Sales (Disposal of City Property) Section 117 of the City Charter dictates the sale and disposal of items no longer of use or value: “The purchasing officer shall determine the value of surplus items no longer of use to the City. Articles without value may be disposed of in a manner most advantageous to the City. Items of value shall be advertised for sale in a manner deemed most effective and efficient to the City; if no bids are received for the advertised articles, the purchasing officer shall dispose of the articles in a manner most advantageous to the City.” City employees are not permitted to purchase or bid on City property, but City employees may bid on City property that is auctioned or sold by a third party on behalf of the City. Section XVII – Penalty for Failure to Comply Any employee of the City who willfully violates the provisions of this policy shall be subject to disciplinary actions up to and including dismissal or discharge, as well as civil and/or criminal action. Emergency Purchases City Charter allows that “In cases of emergency affecting the public property, health, peace or safety, City Council may waive all provisions for competitive bidding and direct the purchasing division to purchase necessary supplies in the open market at not more than commercial prices. Lack of planning or non-compliance with the City’s purchasing policies is not a valid reason for an emergency purchase. Page 350 of 461 43 Attachment P: References Page 351 of 461 CDBG Funding References 1.State of Colorado,Divisionof Housing Alison O’Kelly,NSP Asset Manager 1313 Sherman Street, Rm 518 Denver,CO 80203 2. ColoradoHousing &Finance Authority Brian Miller,Asset Manager 1981 Blake Street Denver,Colorado 80202-1272 3.Vectra Bank Andrea Tucker, Branch Manager 2000 South Colorado Boulevard #2-900 Denver,CO 80222 4.US Bank Doug van der Zwaag, Vice President of Business Banking 8401 East Belleview Avenue Denver,CO 80237 Page 352 of 461 44 Attachment Q: Application Form / Intake Form for Client Services Page 353 of 461 (Date) (Homeowner) RE: Englewood Energy Efficiency Grant Dear (Homeowner): The intent of the grant is to improve energy and water efficiency of homes. The maximum grant is $8,000 and requires a 20% homeowner match. If you do not have the 20% match, we can discuss other options. Please contact me at (303) 762-2347 to schedule an interview in my office at the Englewood Civic Center, 1000 Englewood Parkway, located in the Community Development Department on the 3rd floor to the left of the elevator. If I do not hear from you within that time, I will assume you are no longer interested in the project and will move to the next person on the waiting list. When you come in for your interview, please bring with you all of the following items that apply to your situation: 1. Completed grant application. 2. Income verification for all household members over 18 (i.e. two current wage stubs, 2016 or 2017 completed 1040 Income Tax forms (including all Schedules), award letters from Social Security, VA, Worker's Compensation, SSI, OAP, etc.) 3. All current statements (showing account numbers) for checking, savings, IRA and/or certificates of deposit; verification of the value of stocks and/or bonds; cash value for any whole life insurance policies, etc. 4. Signed Affidavit of your residency status, which is enclosed. 5. Deed of Trust, Warranty Deed, Quit Claim Deed showing current ownership. 6. Current homeowner's insurance policy showing coverages. 7. Current property tax statement from Arapahoe County 8. Divorce papers verifying the amount of child support or alimony being received (if applicable) Please call me if you have any questions about the interview or the application form. Sincerely, Nancy Fenton Energy Efficiency Grant Coordinator Page 354 of 461 GRANT APPLICATION INTERVIEW DATE: GRANT AMOUNT: PLEASE PRINT OR TYPE APPLICANT Name:____________________________________________ Present Address: No. of Years _______ Street:_____________________________________________ City/State/ZIP_______________________________________ Former Address: Street:_____________________________________________ City/State/ZIP_______________________________________ Years at Former Address______ [ ] Own [ ] Rent Name and Address of Current Employer: __________________________________________________ __________________________________________________ __________________________________________________ Position/Title:_______________________________________ Years on the job: ______ [ ] Self Employed Social Security Number:____________________________________ Home Phone:____________________________________________ Work Phone:____________________________________________ _ Date of Birth:____________________________________________ Marital Status: [ ] Married [ ] Separated [ ] Unmarried (include Single, Divorced or Widowed) CO-APPLICANT Name:____________________________________________ Present Address No. of Years _______ Street:_____________________________________________ City/State/ZIP_______________________________________ Former Address: Street:_____________________________________________ City/State/ZIP_______________________________________ Years at Former Address______ [ ] Own [ ] Rent Name and Address of Current Employer: __________________________________________________ __________________________________________________ __________________________________________________ Position/Title:_______________________________________ Years on the job: ______ [ ] Self Employed Social Security Number:____________________________________ Home Phone:____________________________________________ Work Phone:____________________________________________ _ Date of Birth:____________________________________________ Marital Status: [ ] Married [ ] Separated [ ] Unmarried (include Single, Divorced or Widowed) Information for Government Monitoring Purposes The following information is requested by the Federal Government for certain types of loans related to a dwelling, in order to monitor the lender's compliance with equal credit opportunity and fair housing laws. You are not required to furnish this information, but are encouraged to do so. The law provides that a lender may neither discriminate on the basis of this information, nor on whether you choose to furnish it. However, if you choose not to furnish it, under Federal regulations this lender is required to note race, ethnicity and sex on the basis of visual observation or surname. If you do not wish to furnish the above information, please check the box below. Applicant: [ ] I do not wish to furnish this information. Race: Co-Applicant: [ ] I do not wish to furnish this information. Race: [ ] American Indian or Alaskan Native [ ] Native Hawaiian or other Pacific Islander [ ] Black/African American [ ] Caucasian [ ] Asian [ ] American Indian or Alaskan Native AND Caucasian [ ] Asian AND Caucasian [ ] Black/African American AND Caucasian [ ] American Indian or Alaskan Native AND Black/African American [ ] Other (specify) ________ _____________________ _____________________ ______ Ethnicity: [ ] Hispanic [ ] Non- Hispanic Sex: [ ] Male [ ] Female [ ] American Indian or Alaskan Native [ ] Native Hawaiian or other Pacific Islander [ ] Black/African American [ ] Caucasian [ ] Asian [ ] American Indian or Alaskan Native AND Caucasian [ ] Asian AND Caucasian [ ] Black/African American AND Caucasian [ ] American Indian or Alaskan Native AND Black/African American [ ] Other (specify) ________ _____________________ _____________________ ______ Ethnicity: [ ] Hispanic [ ] Non- Hispanic Sex: [ ] Male [ ] Female CITY OF ENGLEWOOD Englewood Energy Efficiency Grant 1000 Englewood Parkway Englewood, CO 80110-2373 303.762.2347 Page 355 of 461 2 GROSS MONTHLY INCOME CALCULATOR: Include the following sources of income when listing “Total Household Income” below: Base Empl. Income___________________________________________ Overtime___________________________________________________ Bonuses___________________________________________________ Dividends/Interest____________________________________________ Net Rental Income___________________________________________ Social Security/SSI___________________________________________ Veterans Benefits____________________________________________ Retirement/Pension___________________________________________ TANF/OAP_________________________________________________ Other______________________________________________________ TOTAL GROSS MONTHLY HOUSEHOLD INCOME $ List all persons living in the Applicant's household (list additional members on a separate sheet). Name Relationship to Applicant Age SS# Gross Income 1.____________________________________________________________________________________________________ 2.____________________________________________________________________________________________________ 3.____________________________________________________________________________________________________ 4.____________________________________________________________________________________________________ 5.____________________________________________________________________________________________________ 6.____________________________________________________________________________________________________ 7.____________________________________________________________________________________________________ 8.____________________________________________________________________________________________________ TOTAL ANNUAL GROSS HOUSEHOLD INCOME Include all household members’ incomes who are 18 and over, regardless if they contribute to the household. NOTE: Total annual household income includes gross salary/wages (before deductions) of all household members, all commissions, tips, bonuses, net profit from business, interest from savings and other investments, social security, pensions, VA benefits, unemployment, disability, alimony, child support, life insurance income, royalties/residuals, etc. BANKING INFORMATION Show names of institutions for all accounts 1. Account Name _____________________________ [ ] Checking [ ] Savings [ ] Other Address_____________________________________ City ________________________________________ 2. Account Name______________________________ [ ] Checking [ ] Savings [ ] Other Address_____________________________________ City ________________________________________ Page 356 of 461 3 PROPERTY INFORMATION Property Address: ________________________________________________ No. of Units ______ Year Built ____________ Homeowner's Insurance Carrier: ____________________________________________ Agent _____________________ Mailing Address_________________________________________________________________________________________ Policy Number ____________________________________________ Phone ____________________________________ Amount of Coverage on Dwelling $____________________ Person(s) listed on the property’s Deed of Trust: ______________________________________ ______________________________________ ______________________________________ ______________________________________ Do you own any other property? YES NO Do you file income taxes? YES NO LEAD-BASED PAINT If your household has a permanent resident under seven (7) years of age, does he/she have an identified elevated blood lead (EBL) level? YES NO DON’T KNOW ____ PROJECT INFORMATION List Energy Repairs or Replacements Desired _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _____________ ____________________________________________________________________________________________________ Page 357 of 461 4 AGREEMENT The undersigned applies for the grant indicated pursuant to the City of Englewood's Energy Efficiency Project described herein, and represents that the property will not be used for any illegal or restricted purposes. The undersigned understands that this application will cause a physical inspection of the property. The inspection is intended to reveal conditions that might be considered imminent hazards and those hazards might disqualify the property from this Project. The undersigned certifies that all statements made in this application, and all information furnished in support of this application, are true and complete and are made for the purpose of obtaining a grant from this Project. Verification may be obtained from any source named in this application. The City of Englewood will retain the original of this application, even if the grant is not made. The undersigned understand that the Program may collect nonpublic personal information from the following sources: 1) information received from your applications or other forms (e.g. name, address, social security number, income, assets and liabilities); 2) information about your transactions with us or others (e.g. account balances, payment history, credit history, parties to a transaction and transaction frequency) ; and 3) information from a consumer reporting agency (also known as a credit history). This information and any other nonpublic personal information will be kept in complete confidentiality within the Program and will not be disclosed to third parties not affiliated with the Program except to government entities or other parties when required by law or the loan process. We will NOT sell or provide our client lists to telemarketing or independent direct mail companies. The undersigned [ ] intends or [ ] does not intend to occupy the property as their primary residence. The undersigned understands that their names, address, phone numbers and contractor selected may be given to future grant applicants as references on that contractor. The undersigned is under no obligation to furnish any information to any inquiries. The undersigned understands it is their responsibility to check contractor references. Past participation by a contractor in a City program is NOT an endorsement of a contractor by the Project or the City of Englewood. The undersigned agrees to allow photographs of the exterior of their home before, during and after rehabilitation. No name, address or confidential information will be used with the photographs without the undersigned's consent. The undersigned understands that it is a federal crime punishable by a fine or imprisonment, or both, to knowingly make any false statements concerning any of the above facts as applicable under the provisions of Title 18, United States Code, Section 1014. The undersigned acknowledges receipt of the EPA “Renovate Right” booklet and acknowledge having been instructed to read both before any construction begins. The undersigned acknowledges that only lead-free paint will be used. If it is determined that lead-base paint exists in a hazardous form or location, Contractor/Owner must cover all areas involved with a lead-free paint. LEAD SAFE WORK PRACTICES On all work items flagged as “Interim Controls” or as requiring “lead safe work practices”, workers must use lead safe work practices per 24CFR 35.1350. These practices are represented in the “Lead Safety Field Guide” (Lead Paint Safety: A Field Guide for Painting, Home Maintenance, and Renovation Work) published by HUD-1779-LHC, March 2001 or any HUD-approved Lead Safe Work Practices class. Work disturbing lead-based paint is not considered complete until clearance, if required, is achieved. INTERIM CONTROLS All persons carrying out activities flagged as “interim Controls” or as required “lead safe work practices” must either be supervised by an EPA abatement supervisor or provide proof of completion of HUD-approved worker training course in lead safe work practices prior to start of work. ____________________________________________ ___________________________________________ Applicant's Signature Co-Applicant's Signature ____________________________________________ ___________________________________________ Date Date Official Use Only Income Eligible: Energy Audit Received: Contractor(s) Cleared: Comments: ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Rev 3/2011 Page 358 of 461 AFFIDAVIT FOR LAWFUL PRESENCE VERIFICATION Because of Colorado House Bill 06S-1023 (C.R.S. 24-76.5-103), this affidavit is MANDATORY and must be submitted along with a copy of one of the accepted forms of identification to prove lawful presence in the United States. Colorado law now requires that the City of Englewood verify all natural persons 18 years or older or sole proprietors who are applying for a public benefit are lawfully present in the United States prior to receiving the public benefit. A public benefit includes the application or a renewal of a grant, loan, contract, and professional or commercial licenses provided by an agency of the state or local government. This is ONLY for “natural persons.” FOR “NATURAL PERSONS” ONLY I am a “natural person.” NOT a corporation, partnership, company or other similar entity and MUST complete this affidavit and submit it with the required documentation. 1. I, _____________________________________________________ swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one): I am a United States citizen; or I am a Permanent Resident of the United States; or I am lawfully present in the United States pursuant to Federal law. 2. I understand this sworn statement is required by law because I have applied for a “Public Benefit.” 3. I understand state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. 4. I acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the laws of Colorado. 5. I have attached a copy of one of the acceptable documents provided by the state of Colorado and I presented it to the agency as proof of identification that I am at least 18 years of age and I am lawfully in the United States. ___________________________ _____________________________ _____________ Applicant’s Printed Name Applicant’s Signature Date ACCEPTED FORMS OF IDENTIFICATION TO PROVE LAWFUL PRESENCE IN THE UNITED STATES: (1) Valid Colorado Driver’s License or valid Colorado Identification card; or (2) United States Military card or a Military Dependent’s Identification card; or (3) United States Coast Guard Merchant Mariner Card; or (4) Native American Tribal Card; or (5) In the case of a resident of another state, the driver’s license or a state-issued identification card from the state of Alabama, Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Virginia, West Virginia, or Wyoming. ; or Alternative Identification If you cannot produce one of the above forms of ID, but can prove that you are lawfully present in the United States, please request a copy of the City of Englewood’s Pamphlet outlining the Colorado Department of Revenue’s acceptable forms of identification to prove lawful presence. Waiver Process If you cannot produce any documentation necessary to prove lawful presence, you may request a waiver. (Form DR 4678). The waiver is available for individuals who: (a) Due to chronic health or medical condition, lack sufficient mobility to appear in person to apply for a Colorado driver’s license or Colorado identification card; or (b) Due to lack of a permanent physical address in Colorado, do not qualify for a Colorado driver’s license or Colorado identification card; or (c) May lack sufficient documentation to receive a Colorado driver’s license or Colorado identification card. Any waiver and all supporting documentation must be presented by you or a representative at a participating Colorado driver’s license office, not at the City Department where you are requesting the benefit. Englewood cannot approve the benefit until the waiver process has been completed. Page 359 of 461 45 Attachment R: Project Service Area Map Page 360 of 461 Page 361 of 461 46 Attachment S: Project Drawings and Specifications,(Public Facility and Infrastructure) Page 362 of 461 47 Attachment T: Capital Needs Assessment Page 363 of 461 48 Attachment U: Lease Agreement (If Applicable) Page 364 of 461 49 Attachment V: Letter(s) of Support Page 365 of 461 50 Attachment W: Agency Brochures and Marketing Materials Page 366 of 461 51 Attachment X: Project Photographs Page 367 of 461 52 Attachment Y: Other Relevant Documents Page 368 of 461 2015 2016 2017Revenue Revenue Revenue TotalFederal GrantsJustice Dept-Equitable Sharing Program0.00 3,243.04 121,801.42 125,044.46Traffic enforcement/education mini grants13,506.23 9,303.34 11,228.20 34,037.77CDBG127,500.00 127,364.99 114,750.00 369,614.99LSTA Career Online HS Grant0.00 0.00 10,950.00 10,950.00Operation Flying High0.00 0.00 498.60 498.60Treasury Dept-Equitable Sharing Program0.00 17.19 0.00 17.19Bullet Proof Vest Partnership Program4,090.00 2,500.78 0.00 6,590.78E-Citation grant0.00 75,845.00 0.00 75,845.00Summer Food Program21,898.00 11,597.56 0.00 33,495.56Justice Assistance Grant5,590.16 0.00 0.00 5,590.16Moving ahead for Process in the 21 Century124,970.00 0.00 0.00 124,970.00Urbanized Area formula fund Program (5307)/Englewood Light rail Corridor Next191,096.73 0.00 0.00 191,096.73Total Federal grants488,651.12 229,871.90 259,228.22 977,751.24State/Local GrantsLibrary9,560.00 9,740.00 9,673.00 28,973.00Radio console replacement0.00 163,487.60 0.00 163,487.60EZ grant16,728.61 16,800.00 16,950.00 50,478.61VALE17,668.00 19,716.50 9,684.28 47,068.78SCFD15,000.00 18,547.00 18,211.00 51,758.00DUI enforcement19,094.79 23,489.47 39,770.40 82,354.66Summer Meals18,402.44 0.00 0.00 18,402.44Total State/local grants96,453.84 251,780.57 94,288.68 442,523.09Total grants585,104.96 481,652.47 353,516.90 1,420,274.33CITY OF ENGLEWOOD, COLORADOPage 369 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Bob Spada DEPARTMENT: Parks, Recreation & Library DATE: November 5, 2018 SUBJECT: Broken Tee Golf Course Software Upgrade and Marketing System DESCRIPTION: Broken Tee Golf Course Software Upgrade and Marketing System RECOMMENDATION: Staff recommends approval of a contract with Billy Casper Golf, LLC to provide a golf operations software system integrated with professional marketing support. PREVIOUS COUNCIL ACTION: None. SUMMARY: Broken Tee Golf Course has used the general recreation management software used by the Englewood and Malley Recreation Centers for many years. The golf module of this program, however, does not provide the functionality required to meet the demands of golf customers in an increasingly digital environment. Because of the specialized nature of golf course operations, no other general recreation software vendors even offer the option of a golf module in today's market. Our customers and staff have become increasingly frustrated with the current system and will welcome these much-needed improvements. Billy Casper Golf provides a uniquely integrated system that combines a state-of-the art digital interface with marketing expertise and support. The software will provide a point of sale system, 24/7 online and mobile tee time reservation system, customer database management and pro shop inventory. Experienced staff from Billy Casper Golf will work directly with Broken Tee staff to develop customized marketing plans to meet strategic goals based on our community objectives. The company will provide detailed research on the regional golf market to help Broken Tee maximize its unique advantages. They will develop and host a branded Broken Tee website, provide graphic design services, post and monitor information on social media, and provide detailed analytics to constantly monitor the effectiveness of the marketing program. They will also provide both in-person and on-line customer service training and quality control programs to ensure that Broken Tee remains competitive in the local golf market. ANALYSIS: Page 370 of 461 Golfers expect to be able to use their mobile phones to easily book tee times, buy passes, get up-to-the-minute information about course conditions, special programs or events, order pro shop inventory, or ask questions of management staff. Successfully marketing golf programs and services, just as is true for any modern business, requires a sophisticated and personalized digital interface to connect with current and potential customers. Billy Casper Golf has earned a strong national reputation in the golf industry since the company's inception in 1989. They provide a wide range of services to golf courses throughout the country, including work with over 80 municipal golf courses. While the company is new to Colorado, they recognize the highly competitive nature of the Denver market and are very interested in helping Broken Tee maximize its potential by attracting golfers throughout the metro area. Their professional expertise in state-of-the art marketing systems will complement the strengths of our own management team. Currently out management team spends an estimated 25% of their time troubleshooting and solving problems created by our outdated system. Streamlining the check-in process will result in shorter lines and a much better guest experience on a daily basis. The current system is cumbersome for staff and slow for our guests which creates frustration on both sides of the counter. With a new system, our staff will be able to more effectively do what they do best -- provide an outstanding golfing experience for all residents and guests who visit Broken Tee. Staff expects that the combination of improved system management and effective marketing will increase net revenue by an estimated 5-10% over the next 12 months. This increase in revenue, resulting not from increase in rates but primarily from better utilization of the course, will more than cover the expense of the service. While the course is popular, too many unfilled tee times represent lost revenue opportunities. FINANCIAL IMPLICATIONS: Funds for this contract are budgeted in the Golf Course Fund, Professional Services. The current remaining balance as of September 30, 2018 is $18,571.93 which will be sufficient to cover the expected implementation cost and first month's expense totaling $13,400. The 2019 expense for this contract will be $58,800 and will be covered by the Professional Services budget of $100,000. Staff will closely monitor the expected increase in revenue due to better course utilization and use this data to recommend any future continuation of this software and service. ALTERNATIVES: Continue to use our current recreation services software system. Hire additional staff to assure projects and tasks are being completed in a timely manner. CONCLUSION: Staff believes that providing this new golf operations software system along with integrating professional marketing support will increase guest satisfaction, employee morale and increase revenue. ATTACHMENTS: Page 371 of 461 Contract Summary Sheet Signed Contract - BCG Page 372 of 461 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: Dorothy Hargrove Phone: x2553 Title: Director – Parks, Rec and Library Email: dhargrove@englewoodco.gov Vendor Contact Information Vendor Name: Billy Casper Golf Vendor Contact: Scott Justman Vendor Address: 12700 Sunrise Valley Drive, Suite 300 Vendor Phone:703-761-1444 City: Reston Vendor Email: sjustman@billycaspergolf.com State: VA Zip Code: 20191 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: November 15, 2018 End Date: November 14, 2019 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $ 72,200 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available:Two additional one-year terms with a 3% escalation if requested by Broken Tee Golf Course at least 60 days in advance of expiration The vendor will establish and manage the golf operations software system, including point of sale, 24/7 online tee time reservations, customer database management and pro shop inventory. Billy Casper Golf will also provide integrated marketing support including website hosting and design, customer relationship management, customer service training and quality control programs, graphic design services, and digital marketing tools and support. Page 373 of 461 Contract Approval Summary V10/25/2017 Page | 2 Payment terms (please describe terms or attach schedule if based on deliverables): Monthly invoices Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Source of funds: Budgeted Funds: $ 100,000 (in 2019) Line Item Description: Professional Services Line Item Total Funding: $100,000 Portion of Line Item spent to date: $ N/A Funding Source:Fund: Golf Course Enterprise Fund Division Code: 43-1306 Note (if needed):Initial migration and training costs of $13,400 in 2018 will be taken from the 2018 Professional Services line in the Golf Course Fund. The current balance is $18,571.93. The 2019 expense will be for the remaining $58,800 which will be covered by the Professional Services budget line of $100,000. 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 Billy Casper Golf offers a unique product, combining a state-of-the art golf operations and financial management system with integrated marketing support. Their hands-on support of local golf operations will ensure that Broken Tee continues to meet the goals of the Englewood community by utilizing 21st century convenience and efficiency. ☐Other: Please describe Page 374 of 461 %lewood PROCUREMENT DIVISION PROFESSIONAL SERVICES AGREEMENT Contract Number PSAI18-56 Golf Management System 8.Support $72,200 This Professional Services Agreement (the "Agreement”)is made as of this day of 20_,(the “Effective Date”)by and between Billy Casper Golf a Virginia corporation (" Consulta nt”): and The City of Englewood,Colorado,a municipal corporation organized under the laws of the State of Colorado ("City"). City desires that Consultant,from time to time,provide golf management systems upgrade and marketing support for Broken Tee Golf Course as described herein,and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto, intending to be legally bound,agree as follows: 1.Definitions.The terms set forth below shall be defined as follows: (a)“|ntellectual Property Rights” shall mean any and all (by whatever name or term known or designated)tangible and intangible and now known or hereafter existing (1)rights associate with works of authorship throughout the universe,including but not limited to copyrights,moral rights,and mask- works,(2)trademark and trade name rights and similar rights,(3)trade secret rights,(4) patents,designs,algorithms and other industrial property rights,(5)all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated)(including logos, “rental”rights and rights to remuneration), whether arising by operation of law,contract, license,or otherwise,and (6)all registrations, initial applications,renewals,extensions, continuations,divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b)“Work Product”shall mean al lpatents,patent applications,inventions, designs,mask works,processes, methodologies,copyrights and copyrightable works,trade secrets including confidential information,data,designs,manuals,training materials and documentation,formulas, knowledge of manufacturing processes, methods,prices,financial and accounting data, products and product specifications and al lotherIntellectualPropertyRightscreated, developed or prepared,documented and/or delivered by Consultant,pursuant to the provision of the Services. 2.Statements of Work.During the term hereof and subject to the terms and conditions contained herein,Consultant agrees to provide,on an as requested basis,the consulting services,systems integration services,data conversion services,training services,services and related services (the “Services”)as further described in Schedule (the “Statement of Work”)for City,and in such additional Statements of Work as may be executed by each of the parties hereto from 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvwenglewoodgov.org PSA ll IE-S6 Billy Casper Golf Page 375 of 461 Page 376 of 461 Page 377 of 461 Page 378 of 461 Page 379 of 461 Page 380 of 461 emg|oyee’s we? for its employees Consultant shall grovide thirty (30)days advance notice of canceuation or change to the above gal‘ies. Consultanfs proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided,however,that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys,all at such party’s cost and expense;provided further,however,that no settlement or compromise of an asserted third- party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification. (d)Immunity.City,its officers,and its employees,are relying on,and do not waive or intend to waive by any provision of this Agreement,the monetary limitations or any other rights,immunities,and protections provided by the Colorado Governmental Immunity Act,C.R.S.24-10-101 et seq.,as from time to time amended,or othen/vise available to City,its officers,or its employees. 15.Insurance. (a)Requirements.Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1)The Consultant shall comply with the Workers’Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’ Compensation claims arising from performance of the work under this contract. Workers’Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract,as well as the Employers’Liability within the minimum statutory limits. (2)Commercial General Liabilit yInsuranceandautoliabilityinsurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limi tofnotlessthanthreemilliondollars ($3,000,000)per occurrence. (3)Professional Liability/Errors and Omissions Insurance covering acts,errors and omissions arising out of Consultant's in an amount not less than one million dollars ($1,000,000)per occurrence. (4)Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Consultants personnel,acting alone or with others,in an amount not less than one millio ndollars($1,000,000)per occurrence. (b)Approved Companies.All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country,state or territory where the Services are being performed. (c)Certificates.Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect.Certificates of insurance will list the City of Englewood as an additional insured. Eaela 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.englewoodgov.org Page 381 of 461 Page 382 of 461 Page 383 of 461 Page 384 of 461 Page 385 of 461 Date: °\ nBl\lVe! w£\1 ma __<e_,f NW IN WITNESS WHEREOF,the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written.This Agreement may be executed in counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD,COLORADO By (Department Director) By Dain- (City manager) By:hafn- (Mayor) ATTEST City Clerk (Consultant Name) Address city,state,Zip Code By: (Sig Title: Date: 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org PSA #18-56 Billy Casper Golf Page 386 of 461 dhar rrove en lewood SCHEDULE A STATEMENT OF WORK 1.GENERAL This schedule is attached to and made part of the Professional Services Agreement dated 2018,between the City of Englewood (CITY)and Billy Casper Golf (CONSULTANT)for professional services for the Broken Tee Golf Course. 2.NAMES,PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS The City’s Project Manager will be Dorothy Hargrove,303-762-2553, The Consultant’s Project Manager will be Scott Justman,703-761-1444, sjustman@billycaspergolf.com 3.SUMMARY OF PURPOSE FOR STATEMENT OF WORK The Consultant will provide golf management system upgrades and marketing support for Broken Tee Golf Course. 4.EQUIPMENTAND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) Required computer hardware and networking will be the responsibility of the City. 5.OTHER CONSULTANT RESOURCES Not Applicable. 6.DESCRIPTION OF WORK PRODUCT AND DELIVERABLES The Consultant’s scope of work includes the following tasks and deliverablesz POINT OF SALE /MANAGEMENT SYSTEM -Through Consultant’s National Partnership, GolfNow’s point of sale system will be installed and utilized for Golf Operations at Broken Tee MARKETING MANAGER -Consultant assigns someone from its corporate staff to oversee the marketing and implementation of the marketing plan.This is not an on-site employee. MARKETING PLAN -Consultant provides a comprehensive Marketing Plan for implementation to meet City’s objectives. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org PSA #118-56 Billy Casper Golf Page 387 of 461 Page 388 of 461 Page 389 of 461 QM C3o\C*Lac S i gn/am?!f \.\£5/\ Name $2 Cu-X L IN WITNESS WHEREOF,pursuant and in accordance with the Professional Services Agreement between the parties hereto dated ,20_,the parties have executed this Statement of Work as of this day of 20 CITY OF EN GLEWOOD,COLORADO By: (Signature) (Print Name) Title Date: Consultant Name By: (Print ) Title: 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org PSA #I8-S6 Billy Casper Golf /\%c\\\\ Page 390 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Blair Corning DEPARTMENT: SPWRP DATE: November 5, 2018 SUBJECT: SPWRP Building Envelope Condition Assessment Project 2018 DESCRIPTION: SPWRP Building Envelope Condition Assessment Project 2018 RECOMMENDATION: The South Platte Water Renewal Partners (SPWRP), owned by Littleton / Englewood, recommends that Council approve, by Motion, a professional services agreement with Intergroup Architects (IGA) for consulting services in performance of the Building Envelope Condition Assessment Project 2018, not to exceed the amount of $62,450. This recommendation was approved by the Supervisory Committee on September 20, 2018. PREVIOUS COUNCIL ACTION: Council approval of the 2018 SPWRP Budget, on October 16, 2017. SUMMARY: Architectural consultant services are needed to provide a condition assessment of building envelopes, including roofs and exteriors, for the South Platte Water Renewal Partners (SPWRP) buildings and facilities. Consultant expertise is needed to identify areas of failure and deterioration, categorize condition ratings, and provide budgetary cost estimates for repair and replacement. ANALYSIS: The scope of services includes the following tasks: • Condition Assessment of Roofs (all plant site roofs with the exception of domes and covers) to include assessment of roofing membranes for signs of aging and deterioration, adhesion of the membrane to the substrate, and condition of connections to drains and downspouts. • Condition Assessment of Buildings (areas include: Administration, Headworks, Primaries, Trickling Filters, Odor Control, Nitrifying Trickling Filters and Denitrification) to include the assessment of vertical facades for deterioration of paint, caulking, concrete surfaces, brick veneers, grout joints, downspouts, guards, exterior doors and windows. • Plant-wide Assessment of Landscaping to include growth and trim of shrubs and trees, low watering requirements, soil conditions, non-pesticide weed control, and staff accessibility. • Plant-wide Assessment of ADA Compliance to include recommendation for public access to treatment facilities based on feasibility of ADA implementation. Page 391 of 461 The Project was advertised on the Rocky Mountain E-Purchasing System. SPWRP received three proposals on July 12, 2018 from Intergroup Architects, Design Edge, P.C., and Facility Engineering Associates, P.C. All proposals were considered responsive. The proposal review team evaluated and scored all three proposals based on the following criteria: • Executive Summary • Company Profile • Consultant Team • Experience and References • Project Approach • Fee and Rate Proposal Intergroup Architects (IGA) Design Edge Facility Engineering Associates $62,450 $113,856 $42,500 Staff recommends Intergroup Architects (IGA) be awarded the architectural services contract. The lowest bid was not selected due to a low total bid evaluation score derived from scores in the areas of references, project approach, and fees and rates. IGA was selected based on the overall qualifications of the project team, experience and project understanding. IGA compiled a comprehensive team of qualified and competent partners that exceeded the other proposals, including specialized sub-consultants to provide expertise on matters of roof assessments, ADA compliance, landscaping design, structural engineering, and cost estimating. The IGA team demonstrated extensive experience with building condition assessments with positive feedback from references. In addition, IGA demonstrated project understanding and has developed a project schedule to accommodate our needs. The agreement between the City of Englewood and IGA will have an upper limit, not to exceed value, of $62,450. FINANCIAL IMPLICATIONS: The funds for this condition assessment contract are available within the 2018 SPWRP Budget and fall within the $11,100,000 budgeted amount in the 2018 SPWRP Capital Budget. ALTERNATIVES: N/A CONCLUSION: The SPWRP staff recommends the selection of IGA as the consultant for the Building Envelope Condition Assessment Project 2018. In their proposal, IGA demonstrated their ability to meet the project objectives. Maintaining the buildings and structures that house critical equipment and instrumentation is essential to plant operations, the safety of employees, and community aesthetics. The Building Envelope Condition Assessment Project 2018 is the first step in addressing the needs of buildings and exteriors throughout the plant. The study will likely carry over into 2019. After the results have been prioritized based on condition and criticality analysis, a building repair project to address the needs is planned for the 2020 budget year. Page 392 of 461 ATTACHMENTS: • Building Envelope Condition Assessment Project 2018 - Contract Approval Summary • Building Envelope Condition Assessment Project 2018 - Contract • Building Envelope Condition Assessment Project 2018 - Bid Evaluation • Building Envelope Condition Assessment Project 2018 - Budget Page • Building Envelope Condition Assessment Project 2018 - Supervisory Minutes • Building Envelope Condition Assessment Project 2018 - PowerPoint Page 393 of 461 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: Intergroup Architects Vendor Contact: Chris Sibilia Vendor Address: 2000 W Littleton Blvd Vendor Phone: City: Littleton Vendor Email: csibilia@igarch.com State: CO Zip Code: 80120 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: Nov 19, 2018 End Date: Mar 31, 2019 Total Years of Term:1 Total Amount of Contract for term (or estimated amount if based on item pricing): $62,450 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: ☐Copy of original Contract if this is an amendment ☒Copies of related Contracts/Conveyances/Documents Architectural consultant services are needed to provide a condition assessment of exterior building envelopes, roofs and facades, for the South Platte Water Renewal Partners (SPWRP) facilities and treatment infrastructure assets. Page 394 of 461 Contract Approval Summary V10/25/2017 Page | 2 Source of funds: Budgeted Funds: $100,000 Line Item Description: Capital Line Item Total Funding: $ 11,100,000 Portion of Line Item spent to date: $1,434,701 (as of 9/30/2018) Funding Source: Fund:90 Division Code:1710 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 395 of 461 $.-'E°r'i'§tewood PROCUREMENT DIVISION PROFESSIONAL SERVICES AGREEMENT Contract Number PSAl18-58 South Platte Water Renewal Partners Building Envelope Repairs Project $62,450 This Professional Services Agreement (the "Agreement")is made as of this day of 20_,(the “Effective Date")by and between lntergroup Architects,a Colorado corporation ("Consultant"),and The City of Englewood,Colorado,a municipal corporation organized under the laws of the State of Colorado (“City"). City desires that Consultant,from time to time,provide certain consulting services,systems integration services,data conversion services,training services,and/or related services as described herein,and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto, intending to be legally bound,agree as follows: 1.Definitions.The terms set forth below shall be defined as follows: (a)“lntellectua|Property Rights” shall mean any and all (by whatever name or term known or designated)tangible and intangible and now known or hereafter existing (1)rights associate with works of authorship throughout the universe,including but not limited to copyrights,moral rights,and mask- works,(2)trademark and trade name rights and similar rights,(3)trade secret rights,(4) patents,designs,algorithms and other industrial property rights,(5)all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated)(including logos, “renta|"rights and rights to remuneration), whether arising by operation of law,contract, license,or othenNise,and (6)all registrations, initial applications,renewals,extensions, continuations,divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b)"Work Product"shall mean all patents,patent applications,inventions, designs,mask works,processes, methodologies,copyrights and copyrightable works,trade secrets including confidential information,data,designs,manuals,training materials and documentation,formulas, knowledge of manufacturing processes, methods,prices,financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared,documented and/or delivered by Consultant,pursuant to the provision of the Services. 2.Statements of Work.During the term hereof and subject to the terms and conditions contained herein,Consultant agrees to provide,on an as requested basis,the consulting services,systems integration services,data conversion services,training services,and related services (the "Services") as further described in Attachment A (the "Statement of Work")for City,and in such 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 vwvw.eng|ewoodgov.org PSA/I8-58 Page 396 of 461 Page 397 of 461 and one unle Agre ed as ded 7.Audits.Consultant shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Consultant's operations and compliance with this Agreement.Consultant shall provide such auditors and inspectors any reasonable assistance that they may require.Such audits shall be conducted in such a way so that the Services or services to any other customer of Consultant are not impacted adversely. 8.Term and Termination.The term of this Agreement shall commence on the date when both parties have signed the Agreement, shall continue for year,ss this ement is terminat provi in this Section 8.At the end of the initial one year period,if the parties desire to extend this Agreement beyond the one year period,written notice shall be given to the City no later than thirty (30)days prior to the end of the one year period by the Contractor.If the City agrees to the request for renewal,the parties shall then enter into an amendment extending this Agreement including an amended Statement of Work,if necessary.The parties understand and acknowledge that any renewal of this Agreement is subject to the approval of the Englewood City Council.The parties also understand and acknowledge that the extension of this contract beyond the initial one year period is contingent upon the City appropriating adequate funds for each fiscal year. (a)Convenience.City may,without cause and without penalty,terminate the provision of Services under any or all Statements of Work upon thirty (30)days prior written notice.Upon such termination,City shall,upon receipt of an invoice from Consultant,pay Consultant for Services actually rendered prior to the effective date of such termination.Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work,and all completed tasks will be charged as indicated in the applicable Statement of Work. (b)No Outstanding Statements of Work.Either party may terminate this Agreement by providing the other party with at least thirty (30)days prior written notice of termination if there are no outstanding Statements of Work. (c)Material Breach.If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment)and does not substantially cure such default within thirty (30) days after receiving written notice of such default,then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10)days prior written notice of termination to the defaulting party. (d)Bankruptcy or Insolvency.Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party:(1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors;(2)applies for,consents to,or acquiesces in the appointment of a receiver, trustee,custodian,or liquidator for its business or all or substantially all of its assets;(3)files, or consents to or acquiesces in,a petition seeking relief or reorganization under any bankruptcy or insolvency laws;or (4)files a petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60)days after it was filed. (e)TABOR.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 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 vvvvvv.eng|ewoodgov.org Page 398 of 461 Page 399 of 461 Page 400 of 461 Page 401 of 461 Page 402 of 461 Page 403 of 461 Page 404 of 461 Page 405 of 461 Page 406 of 461 Date: _ we Z-goo L4-s-1'L..Eri=H ea»/V Address ignalure) IN WITNESS WHEREOF,the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written.This Agreement may be executed in counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD,COLORADO By:ate (Department Director) By: (City manager) By:Date (Mayor) ATTEST City Clerk (Consultant Name) City,Code By: (8 (Print Name) Title: Date: 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org PS/\/18-58 \ ?PsI?_ca,—)\(av; L..\’T’Tl_.ET'0i-—\,C/0 8Q\%¢ ?vp “N -\8 &‘r\'R\§9\%\LAP: Page 407 of 461 Page 408 of 461 Page 409 of 461 Page 410 of 461 NS (Calendar days) days days 10.SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by CONSULTANT. Performance Milestone Responsible Party Target Date Notice to Proceed CITY TBD(Day 0) Kick-Off Mgejing CONSULTANT 7 days W “N WWW _ Condition Assessments CO ULTANT 30 CONSULTANT 7 CONSULTANT 7 ‘days 11.ACCEPTANCE AND TESTING PROCEDURES Not applicable. 12.LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by CONSULTANT at its regular office located i nLittleton.Colorado. 1000 Englewood Parkway.Englewood,Colorado 80110-2373 (303)762-2300 www.eng|ewoodgov.org Pr;:|iLm.inary,Report Fi.!@!/B9925! Page 411 of 461 lNTERiRi|iECTS {L_ IN WITNESS WHEREOF,pursuant and in accordance with the Professional Services Agreement 2018,the parties have executed this Statementbetweenthepartiesheretodated of Work as of this day of 2018. CITY OF ENGLEWOOD,COLORADO By: Title: Date Title: Date Title: Date (Signature) (Print Name) UP ARCH (Signature) (Signature) (Print Name) 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 wvvw.eng|ewoodgov.org l7 C/\+Z\‘E7 9\ —\9 (Print Name) Page 412 of 461 Architectural Consultant Services BID EVALUATION Fee Proposals Intergroup Architects Design Edge Facility Engineering Associates Condition Assessment (Roofs) $26,000.00 $28,000.00 $11,500.00 Condition Assessment (Bldgs.) $24,250.00 $53,000.00 $11,500.00 Landscape Assessments $5,500.00 $17,856.00 $12,000.00 ADA Assessment $6,700.00 $15,000.00 $7,500.00 TOTAL: $62,450.00 $113,856.00 $42,500.00 Review Rating Intergroup Architects Design Edge Facility Engineering Associates Executive Summary 5 5 5 Company Profile 10 10 10 Consultant Team 10 8 8 Experience and References 10 8 5 Project Approach 18 18 15 Fee and Rate Proposal 32 30 20 TOTAL: 85 79 63 General Review Comment Intergroup Architects Design Edge Facility Engineering Associates Executive Summary Good, No reference to SOW Good, No reference to SOW Good, No reference to SOW Company Profile Adequate experience Adequate experience Adequate experience Consultant Team Excellent Missing cost estimating Missing cost estimating Experience and References Excellent No references Mixed references Project Approach Adequate, Reasonable schedule Adequate Adequate with tight schedule Fee and Rate Proposal Adequate distribution and reasonable rates Adequate distribution, low rates but high hours Inadequate fee distribution, low design and high CM cost, high hourly rates Page 413 of 461 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 414 of 461 SOUTH PLATTE WATER RENEWAL PARTNERS MINUTES Supervisory Committee Meeting Thursday,September 20,2018 South Platte Water Renewal Partners (SPWRP) 2900 South Platte River Drive,Englewood,CO 80110 -Conference Room 9:00 a.m. COMMITTEE MEMBERS PRESENT: Maria D’Andrea City of Englewood,Public Works Director Eric Keck City of Englewood,City Manager Keith Reester City of Littleton,Public Works Director Mark Relph City of Littleton,City Manager STAFFICONSULTANTS PRESENT: Kacie Allard Acting BAC Deputy Director,&Communications Supervisor Kurt Carson Deputy Director of Operations 8.Maintenance (0&M)Solutions Blair Corning Deputy Director of Strategic Programs Paul Gaetano Operations &Maintenance Assistant Superintendent Vince Heiken Maintenance Superintendent Matt Montgomery Hill &Robbins,SPWRP Attorney Pieter Van Ry SPWRP Director John Wright Operations Superintendent GUESTS PRESENT: Cynthia Lane Assistant Manager,Platte Canyon Water &Sanitation District Call to Order The September Supervisory Committee (Committee)meeting was called to order by Pieter Van Ry,Director of South Platte Water Renewal Partners (SP’lNRP). Consideration of Minutes for Previous Supervisory Committee Meetings The August Supervisory Committee meeting minutes were approved via email by Eric Keck, Mark Relph,Keith Reester,and Maria D’Andrea on August 20 and 22,2018. SUPERVISORY COMMITTEEMEETINGMINUTES Thursday.September 20,2015 Page 1 on South Platte Water Renewal Partners 2900 S.Platte Rlver Dr.,Englewood,CO 80110 P [303]76272600 F [$03)76272620 www.5gwaterrenewalgartners.org OWNED EV LITFLETON/ENGLEWOOD Page 415 of 461 SOUTH PLATTE WATER RENEWAL PARTNERS Ill.Action |tem(s) Anaerobic Digester No.2 and No.5 Valve Replacement —Contract Award: Kurt Carson discussed the valve replacement with the Committee.SPWRP staff recommends that the Committee approve a purchase order agreement with Ferguson WaterWorks,in the amount of $52,188.16,in order to purchase 56 Resilient Wedge Valves, to replace the valves in two of the ?ve Anaerobic Digesters,No.2 and No.5.SPWRP identi?ed Ferguson Waterworks as the low bid.Based on SPWRP staff review,Ferguson WaterWorks provided a responsive and complete quote. SPWRP staff recently removed two of the ?ve digesters from service for cleaning and repair, and found 56 plug type valves needing replacement.These valves control digester sludge conveyance and circulation;they also isolate equipment for service and repair.The new Resilient Wedge Valves are more resilient and can self-clean struvite buildup.Struvite buildup,in the previously used plug valves,is what caused digester failure.This purchase is necessary to maintain optimal functioning of Anaerobic Digester No.2 and No.5.The funds for this purchase will come out of the SPWRP Operations and Maintenance 2018 Budget. ACTION TAKEN —The Supervisory Committee considered a motion to approve the recommended purchase order agreement with Ferguson Waterworks,for Resilient Wedge Valves,in the amount of 352,188.16.Mark Relph moved,Eric Keck seconded, all ayes,no nays.Motion approved.SPWRP staff plans to present this purchase to the Englewood City Council for consideration in October 2018. Architectural Services for Building Envelope ReDairs: Blair Corning discussed the Architectural Services needed for building repairs with the Committee.SPWRP staff recommends that the Committee approve a contract with lntergroup Architects (IGA)for consulting services in perfonnance of the Building Envelope Condition Assessment Project 2018,in an amount not to exceed $62,450. This project includes the assessment of building envelopes to maintain and protect equipment,address safety issues where electrical equipment is located,and look at ADA compliance,since the SPWRP has increased public access of the facility for tours and events.This assessment would take place in 2018 and 2019,and construction is planned for completion in 2020. ACTION TAKEN —The Supervisory Committee considered a motion to approve the recommended contract with lntergroup Architects (IGA)for consulting services in performance of the Building Envelope Condition Assessment Project 2018,in the amount not to exceed $62,450.Maria D’Andrea moved,Mark Relph seconded,all ayes,no nays.Motion approved.SPWRP staff plans to present this contract to the Englewood City Council for consideration in October of 2018. South Platte Water Renewal Partners SUPERVISORY COMMITTEEMEETINGMINUTES 2900 S.Platte River Dr.,Englewood,CO 80110 Thursday.September 20,2018 P [503]76272600 F [303]76272620 Page 2 of 3 www.5gwalerrenewzlgartners.org OWNED EV LITTLETON/ENGLEWOOD Page 416 of 461 SOUTHPLATTEWATERRENEWALPARTNERSIV.InformationalItemsSPWRPStaffdiscussedtheinformationalitemsbelowwiththeSupervisoryCommittee:-BiosolidsLandApplicationResearchProgram-Three(3)-MonthOutlookforSupen/isoryCommitteeActionitems-SPWRF’lnfluentFlowandLoadSummary:oThemeasuredflowtotheSPWRPaveraged20.5mgdinAugust2018,whichisadecreaseat0.6mgdfromAugust2017.Themeasuredflowsplitwas42.4/57.6percentbetweenthecitiesofLittletonandEnglewood.-FiscalManagementandReportingV.AdjournmentThenextSupervisoryCommitteemeetingisscheduledforThursday,October25,2018,from9:00-10:30a.m.,atSouthPlatteWaterRenewalPartners.Adjournedat9:28a.m.RecordingSecretarySignatureKacieAllardTheSPWRPSupervisoryCommitteeapprovedtheSeptember20,2018meetingminutesviaemailonOctoberz,2018.MarkFielph,EricKeck,MariaD’Andrea,andKeithReestervoted,allayes,nonays.Minutesapproved.SouthPlattewaterRenewalPartnersSUPERVISORVCOMWTTEEMEETINGMINUTES2900S.PlatteRiverDr..Englewuud,CO80110Thursday,September20,2018P(303)762—2bU0F[303]762-2620Page3of3wwwsmaterrenewalgannersorgOWNEDBYLITTLETON/ENGLEWOODPage 417 of 461 ARCHITECTURAL SERVICES FOR BUILDING ENVELOPE REPAIRS Page 418 of 461 Architectural Services for Building Envelope Repairs Page 419 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Gonzalez DEPARTMENT: Human Resources DATE: November 5, 2018 SUBJECT: Interim City Manager Search DESCRIPTION: Interim City Manager Search RECOMMENDATION: Staff recommends that City Council select an option for continuing the process for identifying an interim city manager. PREVIOUS COUNCIL ACTION: C.R.S. 24-6-402 (4)(e) allows for the members of a local public body, upon the announcement by the local public body to the public of the topic for discussion in the executive session, to meet in an executive session to determine positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. On October 22nd, the Englewood City Council recessed from a special meeting into an executive session with three members of staff to review the status of negotiations with the candidate whom the City had selected to negotiate with and to instruct their negotiators on next steps. The council determined not to instruct its negotiators on counter offers to that candidate at that time. Without a counter offer to continue negotiations the council publicly acknowledged that negotiations had failed. The City Council did not make any final decisions as to the selection of either the candidate with whom they had instructed negotiations to begin, any other potential candidate, or any other means of proceeding forward in the identification of an interim cit y manager for the City as that decision was not on the agenda for discussion and could not be made in executive session. The council will publicly review all of their options on November 5th during their regular business meeting. SUMMARY: City Council has five identified options for selection of an interim city manager. REOPEN SEARCH – Utilize an Executive Search Consultant or Firm REOPEN SEARCH – Continue search using internal resources, but expand previous marketing REOPEN NEGOTIATIONS with identified candidate OPEN NEGOTIATIONS with an alternative candidate CLOSE SEARCH – select a current employee (option utilized in the past) Page 420 of 461 FINANCIAL IMPLICATIONS: The financial impact varies depending on which option is chosen for selection of the position. ALTERNATIVES: All alternatives are included within the five options. ATTACHMENTS: 1. Options for continuing identification of interim city manager 2. Employment Agreement (Draft) 3. Emails documenting negotiation requests resulting in stalled/failed negotiations 4. Work hours 5. Letter from Acting Interim Deputy City Manager Dorothy Hargrove 6. Powerpoint presentation Page 421 of 461 OPTIONS FOR CONTINUING IDENTIFICATION OF INTERIM CITY MANAGER OPTION 1 OPTION 2 OPTION 3 OPTION 4 OPTION 5 REOPEN SEARCH - A REOPEN SEARCH - B REOPEN NEGOTIATIONS WITH VIRGINIA EGGER OPEN NEGOTIATIONS WITH SECOND CANDIDATE CLOSE SEARCH – SELECT A CURRENT EMPLOYEE Hire an executive search firm Do not hire an executive search firm but expand the City’s marketing beyond CML and ICMA Review Candidate Eggers latest offer. Direct H.R. to reach out to second candidate and indicate the City’s terms of employment. Close the search and maintain the status quo. Associated Documents: Executive search firms currently identified. Associated Documents: Additional places where the position could be posted to reach a larger pool of candidates. ** At least one unsolicited resume from a qualified individual has been received by the City. Associated Documents: Series of emails from candidate indicating her willingness to provide an active full-time presence in the City. Draft employment contract with interim Associated Documents: Draft employment contract with interim Associated Documents: Letter from Acting Interim Deputy City Manager agreeing to extend her service. Law: C.R.S. 24-6-402(3.5) AND 24-72-204(3)(a) (XI)(A). The City has been following these two statutes in association with the interim search. This is not a CEO position, but rather a temporary position, so the fourteen days published public notice is technically not applicable. Law: C.R.S. 24-6-402(3.5) AND 24-72-204(3)(a) (XI)(A). The City has been following these two statutes in association with the interim search. This is not a CEO position, but rather a temporary position, so the fourteen days published public notice is technically not applicable. Law: The two finalists were interviewed and their documentation made public record in accordance with C.R.S. 24- 6-402(3.5) AND 24-72- 204(3)(a)(XI)(A). Law: The two finalists were interviewed and their documentation made public record in accordance with C.R.S. 24- 6-402(3.5) AND 24-72- 204(3)(a)(XI)(A). Law: No law prevents the city council from closing the search and identifying a current employee to fulfill the administrative duties of the city manager. Typically, the deputy city manager is named the interim, and in this case the city has an acting interim deputy city manager available to fulfill the role. Page 422 of 461 Page 423 of 461 Page 424 of 461 Page 425 of 461 Page 426 of 461 Page 427 of 461 Page 428 of 461 Page 429 of 461 Page 430 of 461 Page 431 of 461 5 November 2018 Interim City Manager Selection Process 1Page 432 of 461 Options for Interim Manager 2 1.Engage a recruiting firm to manage a new search 2.Expand our initial marketing approach 3.Make a counter-offer to Virginia Egger 4.Offer the position to Wesley LaVanchy 5.Offer the position to Dorothy Hargrove, Acting Deputy City Manager Page 433 of 461 Considerations 3 1.Timeline and effect on permanent city manager search process 2.Financial implications 3.Value of experienced, professional leadership 4.Continuity of operations Page 434 of 461 Questions and Discussion 4Page 435 of 461 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Gonzalez DEPARTMENT: Human Resources DATE: November 5, 2018 SUBJECT: City Manager Search DESCRIPTION: City Manager Search RECOMMENDATION: Staff recommends that the City Council select an option for the search method to be used to identify the permanent City Manager. PREVIOUS COUNCIL ACTION: None in association with the current search. Past city councils have utilized an executive search firm to carry out a national search. SUMMARY: Staff has identified three methods for carrying out the search for the permanent City Manager. Option 1 - Hire an executive search firm Option 2 - Instruct Human Resources to run a national search Option 3 - Utilize consulting firms (headhunters) to identify candidates, and simultaneously authorize H.R. to run a national search. FINANCIAL IMPLICATIONS: The financial impact varies depending on the option chosen for selection. ALTERNATIVES: All identified alternatives have been listed above. ATTACHMENTS: 1. Options for selection of permanent city manager - chart 2. Draft R.F.P. for an executive search firm 3. Identified consultants (headhunters) who could be contacted to assist with identifying candidates. 4. Powerpoint Presentation Page 436 of 461 Page 437 of 461 Page 438 of 461 Page 439 of 461 Page 440 of 461 Page 441 of 461 Page 442 of 461 Page 443 of 461 Page 444 of 461 Executive Search Firm Options •Potential Search Firms: •Springsted/Waters Executive Recruitment •Strategic Government Resources •Peckham & McKenney •Novak Consulting Group •Slavin Management Consultants (Used previously) -· 5 Page 445 of 461 5 November 2018 City Manager Selection Process 1Page 446 of 461 Discussion Objectives Permanent City Manager 2 •Discuss the options for selecting a permanent City Manager •Discuss timelines for process Page 447 of 461 Options for Selection of Permanent City Manager 1.Hire an executive search firm to run a national search 2.Instruct Human Resources to run a national search 3.Combination of HR resources and resources from one or more executive recruiting firms 3Page 448 of 461 Executive Search Firm Options •Request for Proposal distributed nationally •Council interviews and engages potential firms •Firm interviews Council, staff and community to develop recruitment requirements •Firm identifies candidates and manages interview process 4Page 449 of 461 Executive Search Firm Options •Pros: o Professional consultants with direct experience in city manager searches and contract negotiations •Cons: o Expense –estimated at roughly $30,000 o Loss of local control –only candidates recommended by firm will be considered 5Page 450 of 461 Human Resources Search Process •Position will be posted on a multitude of national recruiting sites to assure greatest possible response •Candidates screened and pre-interviewed by Human Resources staff •Council selects finalists •HR manages interview process and negotiates contract Page 451 of 461 Human Resources Search Process •Pros: o No additional expense o Wide selection of possible candidates o Responsive to Council guidance •Cons: o Less experience with city manager searches o Requires Council input at all steps in the process 7Page 452 of 461 Combination of HR resources and resources from one or more executive search firms •Job will be posted on a multitude of recruiting sites to assure greatest possible response •Active recruiting by both internal and external teams •HR will prescreen candidates •Council selects finalists and interviews •HR manages interview process and contract negotiations •Only firms providing finalist candidates would be compensated 8Page 453 of 461 Combination of HR resources and resources from one or more executive search•Pros: o Widest selection of possible candidates o Consultants incentivized to attract best candidates •Cons: o Expense if a firm is successful o Requires extensive staff time and Council guidance o Selection and interview process handled internally 9Page 454 of 461 Questions? 10Page 455 of 461 Appendix 11Page 456 of 461 City Manager Appointment and Qualifications 12 •Article VII, Section 49 Englewood Home Rule Charter “The Council shall appoint and fix the salary of the City Manager who shall be the chief executive officer and head of the administrative branch of the City Government. He shall be selected on the basis of administrative and executive qualifications. During his tenure in office, the City Manager shall reside within the City of Englewood. No Councilman shall be appointed City Manager during the term for which he shall have been elected”Page 457 of 461 City Manager Power and Duties 13 Article VII Section 52 Englewood Home Rule Charter The City Manager shall: (a)Be responsible for enforcement of the laws and ordinances of the City; (b) Appoint, suspend, transfer and remove City employees unless otherwise provided; (c) Make appointments based upon merit and fitness; (d) Prepare budgets annually and submit them to the Council and be responsible for their administration after adoption; (e) Prepare and submit to the Council, as of the end of the fiscal year, a complete report on finances and administrative activities of the City for the preceding year, and, upon request of the Council make written or verbal reports concerning the affairs of the City under his supervision;Page 458 of 461 City Manager Power and Duties 14 City Manager Duties,continued (f) Keep the Council advised of the financial condition and future needs of the City, and make such recommendations to the Council for adoption as he may deem necessary or expedient; (g) Exercise supervision and control over all executive and administrative departments, including the authority, with prior approval of Council by ordinance to establish, consolidate, or abolish administrative departments; (h) Enforce all terms and conditions imposed in favor of the City or its inhabitants in any contract or public utility franchise, and, upon knowledge of any violation thereof, report the same to the Council for such action and proceedings as may be necessary to enforce the same; (i)Participate in discussions with the Council in an advisory capacity;Page 459 of 461 City Manager Power and Duties 15 City Manager Duties,continued (j) Inform the public concerning plans and activities of Council and of the City Administration; (k) Establish a system of accounting and auditing for the City to conform with the Uniform System of Municipal Accounting and Auditing; show that legal provisions have been complied with and reflect the financial condition and financial operation of the City; establish cost accounting systems whenever practicable; (l) Be responsible for engineering, architectural, maintenance, construction, and work equipment services required by the City except those assigned to other departments by this Charter;Page 460 of 461 City Manager Power and Duties 16 City Manager Duties,continued (m) Provide, upon action by Council, for the development and maintenance of airports, services and facilities for air transportation; and may cooperate with other public authorities, private corporations or individuals in or outside the City in furthering the above outlined function; (n) Perform such other duties as may be prescribed by this Charter or required of him by the Council and not inconsistent with this Charter.Page 461 of 461