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HomeMy WebLinkAbout2018-11-19 (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 19, 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 November 5, 2018. City Council Regular - 05 Nov 2018 - Minutes - Pdf 6. Recognition of Scheduled Public Comment a. JJ Margiotta, an Englewood resident, will address Council. 6d b. Vicki Hoffmann will address Council. 6a c. Mike Jones, an Englewood resident, will address Council regarding the Englewood Environmental Foundation (EEF). d. Elaine Hults, an Englewood resident, will address Council. e. Doug Cohn, an Englewood resident, will address Council regarding historic preservation. 6e 7. Recognition of Unscheduled Public Comment Council Response to Public Comment. a. Handouts received during the Unscheduled Public Comment. 7c 8. Communications, Proclamations, and Appointments a. Proclamation - Small Business Saturday 11-24-2018 9. Consent Agenda Items Resolution - Purchase equipment and software to upgrade the firewall Resolution approving the purchase equipment and software to upgrade the firewall - Pdf Page 1 of 390 Englewood City Council Regular Agenda November 19, 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. Information Technology Staff recommends Council approve by resolution the purchase of equipment and software to upgrade the Firewall from SHI International Corporation in the amount of $52,429.47. Resolution - Purchase equipment and software to upgrade the firewall Resolution approving the purchase equipment and software to upgrade the firewall - Pdf Information Technology Staff recommends Council approve by resolution the purchase of equipment and software to upgrade the Firewall from SHI International Corporation in the amount of $52,429.47. a. Approval of Ordinances on First Reading i. CB 42 - VOCA Grant CB 42 - Voca Grant - Pdf The Police Department Staff recommends City Council approve a Bill for an Ordinance for the acceptance of the Victims of Crime Act (VOCA) Grant, which would fund a Part-Time Victim Advocate. Staff: Victim Witness Services Coordinator Nancy Wenig ii. CB 43 - Intergovernmental Subgrantee Agreement for 2018 CDBG Program CB 43 - Intergovernmental Subgrantee Agreement for 2018 CDBG Program - Pdf Staff recommends that City Council apporve a Bill for an Ordinance for the execution of an Intergovernmental Subgrantee Agreement for the 2018 Arapahoe County Community Development Block Grant Program between the Arapahoe County Board of County Commissioners and the City of Englewood. Staff: Planning Manager Wade Burkholder iii. CB 44 - Liquor Code Update CB 44 - Liquor Code Update - Pdf Staff recommends City Council approve a Bill for an Ordinance to update the City of Englewood's Municipal Code and bring it into alignment with State Statutes. Staff: Deputy City Clerk Jackie Mckinnon iv. CB 45 - Marijuana Code Update CB 45 - Marijuana Code Update - Pdf Staff recommends City Council approve a Bill for an Ordinance to update the City of Englewood's Municipal Code and bring it into alignment with State Statutes. Staff: Deputy City Clerk Jackie Mckinnon b. Approval of Ordinances on Second Reading. i. 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 2 of 390 Englewood City Council Regular Agenda November 19, 2018 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. ii. 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 iii. CB 38 - Storm Water Code Update Ordinance CB 38 - Storm Water Code Update Ordinance - Pdf Staff recommends the approval, by Ordinance, to amend Title 12, Chapter 5, Section 4 of the Englewood Municipal Code 2000, Regarding Storm Water Utility And Enterprise Fund User Fees. Staff: City Attorney Alison McKenney Brown iv. CB 39 - Waste Water Code Update (Sewer) CB 39 - Waste Water Code Update - Pdf Staff recommends approval, by Ordinance, to amend Title 12, Chapter 2, Section 3, Subsection B, of the Englewood Municipal Code 2000 Regarding Wastewater Fees and Charges. City Attorney Alison McKenney Brown c. Resolutions and Motions i. Restoration of the Golf Course Maintenance Building Restoration of the Golf Course Maintenance Building - Pdf Staff recommends that Council award, by motion, a contract to KC Construction Inc., in the amount of $37,221 for the restoration of the Golf Maintenance Building to it's designed operational condition. Staff: Facility Services and Maintenance Administrator Dan Long 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 40 - Storm Water Fee Increase CB 40 - Storm Water Fee Increase - Pdf Staff recommends that Council approve a Bill for an Ordinance for a storm water fee increase effective January 1, 2019. The fee increase will change the fees for residential properties from $1.39/month to $4.38/month and commercial properties from $20.00/month/acre to $40.00/month/acre of impervious area. Staff: Utilities Director Tom Brennan ii. CB 41 - Wastewater Rate Increase CB 41 - Wastewater Rate Increase - Pdf Staff recommends City Council approve a Bill for an Ordinance for a seven percent (7%) rate increase for wastewater utility service, to become effective January 1, 2019. This increase is anticipated to be in place for 2019 only. Future Page 3 of 390 Englewood City Council Regular Agenda November 19, 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. wastewater rates will be established following the Cost of Service Study scheduled to be completed by the end of the second quarter of 2019. Staff: Utilities Director Tom Brennan iii. CB 48 - Retail Cultivation Ordinance CB 48 - Retail Cultivation Ordinance - Pdf Staff recommends City Council approve Council Bill #48 to amend the Englewood Municipal Code to allow retail marijuana cultivation within the City. iv. CB 2 - Accessory Dwelling Unit (ADU) Ordinance First Reading CB 2 - Accessory Dwelling Unit (ADU) Ordinance First Reading - Pdf Community Development Staff recommends approval of a Bill for an Ordinance for the Planning and Zoning Commission Recommended Accessory Dwelling Unit with City Attorney Enforcement Revisions. Staff: Planner II John Voboril b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Romans Park Tennis Courts and Playground Design Services Romans Park Tennis Courts and Playground Design Services - Pdf Staff recommends that Council approve by motion a Professional Services Agreement not to exceed $31,800.57 for design services for Romans Park Tennis Courts and Playground. Staff: Open Space Manager Dave Lee ii. Resolution Supporting the Englewood Light Rail Corridor FY 2019 Next Steps Study Application for DRCOG FY 2019 Station Area Master Plan and Urban Center Studies Planning Grant Funding Resolution Supporting the Englewood Light Rail Corridor FY2019 Next Steps Study Application for DRCOG FY 2019 Station Area Master Plan and Urban Center Studies Planning Grant Funding - Pdf Community Development recommends Council approval of a Resolution supporting the Englewood Light Rail Corridor FY2019 Next Steps Study Application for Denver Regional Council of Governments (DRCOG) FY2019 Station Area Master Plan and Urban Center Studies planning grant funding. The Resolution will authorize the Community Development Department to submit an application for funding by the November 30 deadline. Staff: Planner II John Voboril iii. Appoint an Interim City Manager - Resolution Appoint an Interim City Manager - Resolution - Pdf It is requested that City Council approve a resolution and contract appointing Ms. Dorothy Hargrove as Interim City Manager. Staff: City Attorney Alison McKenney Brown 12. General Discussion a. Mayor's Choice b. Council Members' Choice Page 4 of 390 Englewood City Council Regular Agenda November 19, 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. 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 5 of 390 MINUTES City Council Regular Meeting Monday, November 5, 2018 1000 Englewood Pkwy – Council Chambers 7:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Olson at 7:13 p.m. 2 Invocation The invocation was given by Council Member Martinez. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Martinez. 4 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Rita Russell Council Member Laurett Barrentine Council Member Dave Cuesta Council Member Amy Martinez Council Member Othonial Sierra Council Member Cheryl Wink COUNCIL ABSENT: None STAFF PRESENT: Acting Deputy City Manager Hargrove City Attorney McKenney Brown Deputy City Clerk McKinnon Assistant City Clerk Truscott Reed Acting Director Sobota, Finance and Administrative Services Director Bennan, Utilities Director Gonzalez, Human Resources Director Power, Community Development Page 1 of 14 Draft Page 6 of 390 City Council Regular November 5, 2018 Director Van Ry, South Platte Water Renewal Partners Chief Building Officer Montanez, Community Development Right of Way Services Manager Nimmo, Public Works Planning Manager Burkholder, Community Development Services Manager Spada, Public Works Deputy Director of Strategic Programs Corning, South Platte Water Renewal Partners Open Space Manager Lee, Parks and Recreation Executive Assistant Fenton, Community Development Technical Support Specialist II Munnell, Information Technology Commander Fender, Police Department Officer Allen, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of October 15, 2018. Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine TO APPROVE THE MINUTES AS AMENDED OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 15, 2018. For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez x Cheryl Wink x Othoniel Sierra x Laurett Barrentine (Seconded By) x Dave Cuesta x 7 0 0 Motion CARRIED. b) Minutes of the Special City Council Meeting of October 22, 2018. Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF OCTOBER 22, 2018. For Against Abstained Linda Olson x Rita Russell (Moved By) x Page 2 of 14 Draft Page 7 of 390 City Council Regular November 5, 2018 Amy Martinez x Cheryl Wink x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) JJ Margiotta, an Englewood resident, addressed Council regarding Englewood Environmental Foundation. b) Jerry Walker, an Englewood resident, addressed Council regarding ethics. c) Elaine Hults, an Englewood resident, addressed Council regarding Englewood Environmental Foundation. d) Martin Frasier addressed Council regarding Accessory Dwelling Units (ADU'S). e) Kathleen Bailey, an Englewood resident, addressed Council regarding the 2016 Englewood Comprehensive Plan. f) Laura and Olivia, Englewood residents and representatives of Friends of Englewood Parks, addressed Council regarding Englewood parks. g) Lisa Smith addressed Council regarding the Health and Awareness Events. h) Doug Cohn, an Englewood resident, was scheduled to speak but was not present. 7 Recognition of Unscheduled Public Comment a) Mike Jones, an Englewood resident, addressed Council regarding the budget. b) Vicki Hoffmann, addressed Council regarding the City drains, flood survey and flood report. c) Scot Marsh, an Englewood resident, addressed Council regarding Veterans Day. d) Coween Dickerson, an Englewood resident, addressed Council regarding the Englewood Environmental Foundation. e) Aaron Reid, an Englewood resident, addressed Council regarding signage removal. f) Janice Brown, and Englewood resident, addressed Council regarding support for Mayor Olson. Council Responded to Public Comment. The meeting recessed at 8:36 p.m. for a break. Page 3 of 14 Draft Page 8 of 390 City Council Regular November 5, 2018 The meeting reconvened at 8:44 p.m. with all Council Members present. 8 Communications, Proclamations, and Appointments There were no Communications, Proclamations, or Appointments 9 Consent Agenda Items Moved by Council Member Wink seconded by Martinez to approve Consent Agenda 9 (a)(i-ii) and (c)(i-v) Mayor Pro Tem Russell removed Agenda items 9 (c)(ii), (iv), and (v). a) Approval of Ordinances on First Reading i) CB 38 - Storm Water Code Update Ordinance COUNCIL BILL NO. 38, INTRODUCED BY COUNCIL MEMBER WINK. A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 5, SECTION 4 OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING STORM WATER UTILITY AND ENTERPRISE FUND USER FEES. ii) CB 39 - Waste Water Code Update (Sewer) COUNCIL BILL NO. 39, INTRODUCED BY COUNCIL MEMBER WINK. 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. A BILL FOR AN ORDINANCE b) Approval of Ordinances on Second Reading. There were no additional Ordinances on Second Reading (See Agenda items 11 (b)(i-v).) c) Resolutions and Motions i) Extend Expiration Date for Permit and Plan Review Fee Waivers Approval to extend the expiration date for the temporary waiver of Page 4 of 14 Draft Page 9 of 390 City Council Regular November 5, 2018 permit and plan review fees as established in Ordinance 17, Series 2018. ii) Waiver of Permit and Plan Review Fees for Egress Windows [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink Approval of a waiver for permit and plan review fees for egress windows. For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez x Cheryl Wink (Seconded By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. iii) Approve a Purchase Order to Wireless Advanced Communications (W.A.C.) for Englewood Police Department Head Quarters Building (EPD HQ). Approval of the 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. iv) Award Contract to Security Central for Security System at the Englewood Police Department Head Quarters (EPD HQ). [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 contract to Security Central Inc. in the amount of Page 5 of 14 Draft Page 10 of 390 City Council Regular November 5, 2018 $168,602.21 to furnish and install a hosted keyless entry system, card readers, and burglar alarm systems for specific areas. For Against Abstained Linda Olson x Rita Russell x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 4 3 0 Motion CARRIED. v) Award Contract to Presidio Networked Solutions, LLC. for Surveillance Cameras at the Englewood Police Department Head Quarters (EPD HQ). [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 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. For Against Abstained Linda Olson x Rita Russell x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 4 3 0 Motion CARRIED. Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Motion to approve Consent Agenda Items 9 (a)(i-ii) 9 (c) (i) and 9 Page 6 of 14 Draft Page 11 of 390 City Council Regular November 5, 2018 (c)(iii). For Against Abstained Linda Olson x Rita Russell x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 37 - IGA Between the City of Englewood/Englewood McLellan Reservoir Foundation and Douglas County Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 37, INTRODUCED BY MAYOR PRO TEM RUSSELL 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. For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez x Cheryl Wink x Othoniel Sierra (Seconded By) x Laurett Barrentine x Page 7 of 14 Draft Page 12 of 390 City Council Regular November 5, 2018 Dave Cuesta x 7 0 0 Motion CARRIED. ii) CB 36 - Arapahoe County Combined RMS IGA Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 36, INTRODUCED BY COUNCIL MEMBER MARTINEZ 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. For Against Abstained Linda Olson x Rita Russell x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading i) CB 29 - 2019 Budget Ordinance Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez ORDINANCE NO. 24, SERIES OF 2018 (COUNCIL BILL NO. 29, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR 2019. For Against Abstained Page 8 of 14 Draft Page 13 of 390 City Council Regular November 5, 2018 Linda Olson x Rita Russell x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 5 2 0 Motion CARRIED. ii) CB 30 - SPWRP 2019 Budget Ordinance Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra ORDINANCE NO. 25, SERIES OF 2018 (COUNCIL BILL NO. 30, INTRODUCED BY COUNCIL MEMBER WINK) 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 Amy Martinez x Cheryl Wink (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x 5 2 0 Motion CARRIED. iii) CB 28 - 2019 Budget Appropriation Ordinance Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink ORDINANCE NO. 26, SERIES OF 2018 (COUNCIL BILL NO. 28, 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. Page 9 of 14 Draft Page 14 of 390 City Council Regular November 5, 2018 For Against Abstained Linda Olson x Rita Russell x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 5 2 0 Motion CARRIED. iv) CB 31 - SPWRP 2019 Appropriation Ordinance Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra ORDINANCE NO. 27, SERIES OF 2018 (COUNCIL BILL NO. 31, 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. For Against Abstained Linda Olson x Rita Russell x Amy Martinez x Cheryl Wink (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x 5 2 0 Motion CARRIED. v) CB 27 - Establish the 2018 Mill Levy (Collected in 2019) Ordinance Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink ORDINANCE NO. 28, SERIES OF 2018 (COUNCIL BILL NO. 27, INTRODUCED BY COUNCIL MEMBER WINK. Page 10 of 14 Draft Page 15 of 390 City Council Regular November 5, 2018 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 Amy Martinez x Cheryl Wink (Seconded By) x Othoniel Sierra (Moved By) x Laurett Barrentine x Dave Cuesta x 5 2 0 Motion CARRIED. c) Resolutions and Motions i) 2019 Community Development Block Grant Application Resolution Moved by Council Member Amy Martinez Seconded by Council Member Othoniel Sierra RESOLUTION NO. 23, SERIES OF 2018 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR 2019 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. For Against Abstained Linda Olson x Rita Russell x Amy Martinez (Moved By) x Cheryl Wink x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x 5 2 0 Motion CARRIED. ii) Broken Tee Golf Course Software Upgrade and Marketing System Moved by Council Member Amy Martinez Seconded by Council Member Laurett Barrentine Page 11 of 14 Draft Page 16 of 390 City Council Regular November 5, 2018 Approval of 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. For Against Abstained Linda Olson x Rita Russell x Amy Martinez (Moved By) x Cheryl Wink x Othoniel Sierra x Laurett Barrentine (Seconded By) x Dave Cuesta x 7 0 0 Motion CARRIED. iii) SPWRP Building Envelope Condition Assessment Project 2018 Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine Approval of 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. For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez x Cheryl Wink x Othoniel Sierra x Laurett Barrentine (Seconded By) x Dave Cuesta x 7 0 0 Motion CARRIED. iv) Interim City Manager Search Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell Approval by Motion, to close the search and offer the position to Deputy Page 12 of 14 Draft Page 17 of 390 City Council Regular November 5, 2018 City Manager Hargrove. For Against Abstained Linda Olson x Rita Russell (Seconded By) x Amy Martinez x Cheryl Wink x Othoniel Sierra x Laurett Barrentine (Moved By) x Dave Cuesta x 7 0 0 Motion CARRIED. v) City Manager Search Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez Approval by Motion, to hire an executive search firm to run a national search for a City Manager. For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez (Seconded By) x Cheryl Wink x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink Motion to approve the (RFP) Request for Proposal for the search for City Manager For Against Abstained Linda Olson x Rita Russell x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x Othoniel Sierra x Page 13 of 14 Draft Page 18 of 390 City Council Regular November 5, 2018 Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 11:08 p.m. City Clerk Page 14 of 14 Draft Page 19 of 390 Page 20 of 390 Page 21 of 390 Page 22 of 390 m_m<<ooam__om_o:m :32 ...:mmamaamm _.m=mxmmm«<o__, co <0:2...;3m 9.: >3 no33_mm_o:8:_ mam_.:m3.Page 23 of 390 Page 24 of 390 Page 25 of 390 P R O C L A M A T I O N Declaring Shop Englewood – Small Business Saturday, November 24, 2018 in the City of Englewood WHEREAS, the City of Englewood, Colorado celebrates our small businesses and the contributions they make to our community and local economy and, WHEREAS, according to City’s business licenses there are currently 1,398 licensed businesses in Englewood with an estimated 3,659 businesses operating in the community and, WHEREAS, according to Colorado’s employment data 95% of Englewood businesses have 50 or fewer employees and, WHEREAS, Englewood supports our businesses that create jobs, boost the local economy, preserve our neighborhoods, and enhance the economic vitality of the community and, WHEREAS, business groups and private sector organizations have endorsed the Saturday after Thanksgiving as Shop Englewood - Small Business Saturday. NOW, THEREFORE, I, Linda Olson, Mayor of the City of Englewood, Colorado do hereby proclaim November 24, 2018 as: SHOP ENGLEWOOD - SMALL BUSINESS SATURDAY in the City of Englewood, Colorado, and urge residents to shop local small businesses in Englewood. IN WITNESS WHEREOF, I hereunto set my hand and cause the seal of the City of Englewood, Colorado to be affixed this 19th day of November, 2018. GIVEN under my hand and seal this 19th day of November, 2018. Linda Olson, Mayor Page 26 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Margaret Brocklander DEPARTMENT: Information Technology DATE: December 17, 2018 SUBJECT: Resolution to purchase equipment and software to upgrade the firewall DESCRIPTION: Resolution to purchase equipment and software to upgrade the firewall RECOMMENDATION: Information Technology Staff recommends Council approve by resolution the purchase of equipment and software to upgrade the Firewall from SHI International Corporation in the amount of $52,429.47. SUMMARY: Firewalls are the first line of defense that protect the city's computers and systems from being attacked over the internet by hackers, viruses, and worms. The firewall acts as a gate blocking unauthorized users and safeguarding our data and systems from attack. As demand on the firewall continues to grow the city's current firewall (Fortinet) will need to be upgraded to maintain optimal level of performance and reliability. The firewall upgrade will allow for the maximization of the City’s investment in its computing infrastructure as well as enhance the reliability, versatility, security, compliance and survivability of the City's computing systems. ANALYSIS: The National Cooperative Purchasing Alliance (NCPA) has entered into a Master Agreement with Fortinet, Inc. The Master Agreement provides that any state, city, special district, local government, etc. may purchase products and services at the prices indicated in the Master Agreement. Cooperative purchasing saves significant time and money through large volume purchasing in order to acquire lower prices from selected vendors through the power of aggregation. Cooperative purchasing complies with the City's Purchasing Policies & Procedures, Section XIII - Competitive Bidding Requirements, using cooperative purchasing whenever possible through the State bide list as well as other organizations. The NCPA agreement with Fortinet, Inc. allows the city to get the best pricing; but, Fortinet, Inc. does not sell directly to their customers. They only use resellers. SHI International Corporation is an approved reseller of Fortinet, Inc. products and the attached quote provided by SHI International Corporation is based on pricing in the cooperative purchasing agreement between NCPA and Fortinet, Inc. FINANCIAL IMPLICATIONS: Funding for this project is allocated in the Capital Projects Fund IT Network Development 0701- 0003 Task 01 which currently has an appropriated balance of $102,677. Page 27 of 390 ALTERNATIVES: Upgrading the firewall is necessary to maintain performance, reliability,security and compliance. CONCLUSION: Purchasing the firewall upgrade under the National Cooperative Purchasing Alliance Agreement provides the best pricing available. The Information Technology Staff recommend Council approve by Motion the purchase of a Firewall upgrade from SHI International Corporation. ATTACHMENTS: Resolution Contract Approval Summary SHI Quote National Cooperative Purchasing Alliance Sept Capital Projects Report Page 28 of 390 RESOLUTION NO. _____ SERIES OF 2018 A RESOLUTION AWARDING A SOLE SOURCE CONTRACT FOR THE PURCHASE OF A FIREWALL UPGRADE FOR THE CITY OF ENGLEWOOD COMPUTER NETWORK FROM SHI INTERNATIONAL CORPORATION WHEREAS, Section 116(b) of the Englewood Home Rule Charter and Section 4-1-3-1 of the Englewood Municipal Code 2000, allow contracts for public works or improvements to be negotiated, provided that contracts for which no competitive bids have been requested to be approved and accepted by resolution declaring the reason for the exception to the competitive bidding requirement; WHEREAS, the Englewood Information Technology department would like to purchase a firewall security upgrade from SHI International Corporation, for the installation and upgrade to the City’s computer network; WHEREAS, the Information Technology Department has taken advantage of the pricing through the Fortinet Master Agreement, which allowed the City to utilize the cooperative bid through the National Cooperative Purchasing Alliance; WHEREAS, due to an increase in demand the City’s current firewall has become out dated making the City’s computer network vulnerable to outside computer attacks and data breaches, this upgrade will allow for the maximization of the City’s investment in its computing infrastructure; WHEREAS, SHI International Corporation is a reseller of Fortinet, Inc., second-generation cyber security tools, which not only secure network connections, but ensure the integrity of the content inside the connections; WHEREAS, the funds for the purchase would come from the Information Technology Capital Funds IT Network Development 2018 budget which currently has $102,677.00; and WHEREAS, the cost of the installation of the firewall system would be $52,429.47. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council hereby authorizes the purchase and installation of a firewall upgrade from SHI International Corporation the City Englewood’s computer network system utilizing the National Cooperative Purchasing Alliance in lieu of the competitive bid process as allowed by Section 116(b) of the Englewood Home Rule Charter in the amount of $52,429.47, as set forth in the SHI International Corporation Proposal, attached hereto as Exhibit A. Page 29 of 390 ADOPTED AND APPROVED this 17th day of December, 2018. ATTEST: Linda Olson, Mayor __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2018. ______________________________ Stephanie Carlile, City Clerk Page 30 of 390 Contract Approval Summary V10/25/2017 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Jeromy King Phone: 303.783.6831 Title: Deputy Director of IT Email: jking@englewoodco.gov Vendor Contact Information Vendor Name: SHI Vendor Contact: David Morrison Vendor Address: 290 Davids Ave Vendor Phone: 732-652-0329 City: Somerset Vendor Email: David_Morrison@shi.com State: NJ Zip Code: 08873 Contract Type Contract Type :Other (describe below) Cooperative Purchase of equipment and software for a firewall upgrade Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: December 2018 End Date: Total Years of Term: Total Amount of Contract for term (or estimated amount if based on item pricing): $52,429.47 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Net 30 when equipment arrives Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Cooperative purchase of equipment and software Page 31 of 390 Contract Approval Summary V10/25/2017 Page | 2 Source of funds (Insert Excel Document): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor: ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of proposed awardee ☐RFP: ☐ RFP Evaluation Summary attached ☐ RFP Response of proposed awardee ☐Quotes: Copy of Quotes attached ☐Sole Source: Explain Need below ☒Other: Please describe The National Cooperative Purchasing Alliance (NCPA) has entered into a Master Agreement with Fortinet, Inc. The Master Agreement provides that any state, city, special district, local government, etc. may purchase products and services at the prices indicated in the Master Agreement. Cooperative purchasing saves significant time and money through large volume purchasing in order to acquire lower prices from selected vendors through the power of aggregation. Cooperative purchasing complies with the City's Purchasing Policies & Procedures, Section XIII - Competitive Bidding Requirements, using cooperative purchasing whenever possible through the State bide list as well as other organizations. Page 32 of 390   Pricing Proposal Quotation #:  16200717 Created On:  11/1/2018 Valid Until:  11/30/2018   City Of Englewood  Inside Account Executive   Jeromy King 1000 Englewood Pkwy Englewood, CO 80110 United States Phone:   Fax:  Email:jking@englewoodco.gov   David Morrison 290 Davidson Avenue  Somerset, NJ 08873 Phone: 7326520329 Fax:7325643099 Email:David_Morrison@shi.com All Prices are in US Dollar (USD)   Product Qty Your Price Total   1 Firewall Upgrade     Firewall - Part#: Firewall     Contract Name: National Cooperative Purchasing Alliance     Contract #: 11-14 1 $52,429.47 $52,429.47   Subtotal $52,429.47 Shipping $0.00 *Tax $0.00 Total $52,429.47  *Tax is estimated. Invoice will include the full and final tax due. Additional Comments Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 The Products offered under this proposal are resold in accordance with the SHI Online Customer Resale Terms and Conditions, unless a separate resale agreement exists between SHI and the Customer. Page 33 of 390 National Cooperative Purchasing Alliance Master Agreement Page 34 of 390 Page 35 of 390 Page 36 of 390 F 5:5 RTinET: RFP 02-18, IT Security and Data Protection Solutions > Supplier Vendor shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the records of Vendor on which such Contract Sales and fees are based the accounting _for a period of four ( 4) years from the date NCPA receives the reporting accounting. Any such ffi the event of such an audit shall be performed by ,an independent certified public accountant selected by NCPA and Region 14 ESC no more than once per year. upon reasonable notice and during Vendor's normal business hours. the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an underreporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, . together with interest on such amount and shall be obligated to reimburse NCPA's costs and eJCpenses fur such audit. + General Provisions > This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. > Awarded vendor agrees to allow NCPA to use their name and logo within website, and use for marketing materials and advertisement upon reasonable approval from vendor . Any use ofNCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA. > If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which such party may be entitled. > Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA. which approval shall not be unreasonably withheld . Any assignment without such consent will be void. > This Agreement and NCPA's rights and obligations hereunder may be assigned at NCPA's sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA's obligations hereunder > All written communications given hereunder shall be delivered to the addresses as set forth below. National Cooperative Purchasing Alliance Fortinet, Inc. Name: Name: John Whittle Title: Title: Vice President, General Counsel Address: Address 899 Kifer Road Sunnyvale, CA 94086 Signatur Date: 2p m I Signature: Date: March 20, 2018 Matthew Mackel Director, Business Development PO Box 701273 Houston, TX 77270 April 2, 2018 Page 37 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 13 Tab 3 – Vendor Questionnaire Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services. ¨ States Covered Ø Bidder must indicate any and all states where products and services can be offered. Ø Please indicate the price co-efficient for each state if it varies. 50 States & District of Columbia (Selecting this box is equal to checking all boxes below) All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below) Alabama Maryland South Carolina Alaska Massachusetts South Dakota Arizona Michigan Tennessee Arkansas Minnesota Texas California Mississippi Utah Colorado Missouri Vermont Connecticut Montana Virginia Delaware District of Columbia Nebraska Nevada Washington West Virginia Florida New Hampshire Wisconsin Georgia New Jersey Wyoming Hawaii New Mexico Idaho New York Illinois North Carolina Indiana North Dakota Iowa Ohio Kansas Oklahoma Kentucky Oregon Louisiana Pennsylvania Maine Rhode Island American Samoa Northern Marina Islands Federated States of Micronesia Puerto Rico Guam U.S. Virgin Islands Page 38 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 14 ¨ Minority and Women Business Enterprise (MWBE) and (HUB) Participation Ø It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified. § Minority / Women Business Enterprise • Respondent Certifies that this firm is a M/WBE. § Historically Underutilized Business • Respondent Certifies that this firm is a HUB ¨ Residency Ø Responding Company’s principal place of business is in the city of Sunnyvale, State of California ¨ Felony Conviction Notice Ø Please Check Applicable Box; A publically held corporation; therefore, this reporting requirement is not applicable. Is not owned or operated by anyone who has been convicted of a felony. Is owned or operated by the following individual(s) who has/have been convicted of a felony Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be attached. ¨ Distribution Channel Ø Which best describes your company’s position in the distribution channel: Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________ ¨ Processing Information Ø Provide company contact information for the following: § Sales Reports/Accounts Payable Contact Person: Patricia Pallares Title: Director Multiple Award Contracts Company: Fortinet, Inc. Address: 899 Kifer Rd. City Sunnyvale State CA Zip 94086 Phone: (505) 962-2134 Email: ppallares@fortinet.com Page 39 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 15 § Sales/Purchase Orders Contact Person: Jeff Jennings Title: National SLED Practice Director Company: Fortinet, Inc. Address: 899 Kifer Rd. City Sunnyvale State CA Zip 94086 Phone: (661) 302-8909 Email: jjennings@fortinet.com § Marketing Contact Person: Sowjanya O’Neill Title: Senior Manager, SLED Marketing Company: Fortinet, Inc. Address: 12005 Sunrise Valley Drive, Suite 204 City Reston State VA Zip 20191 Phone: (703) 65106198 Email: soneill@fortinet.com ¨ Pricing Information Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. § If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions. Yes No Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer. Yes No Ø Vendor will provide additional discounts for purchase of a guaranteed quantity. See explanation below Yes No. Vendor may provide additional discounts (discretionary) based on considerations including, but not limited to, guaranteed quantity or order size. Page 40 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 17 Tab 4 – Vendor Profile 4.1 Company Name ¨ Company’s official registered name. The company’s official registered name is Fortinet, Inc. 4.2 Company History ¨ Brief history of your company, including the year it was established. Fortinet, Inc. is a profitable, rapidly growing US company whose core competencies are cyber threat research; cybersecurity product research and development; and the design, implementation and support of integrated cybersecurity solutions based on our extensive portfolio of proprietary products. The company, which is ISO 9001:2015 certified, was established in November 2000 to execute on the vision of our founders, Ken and Michael Xie, two engineers who have worked in the cybersecurity field since its inception. By 2000, Ken and Michael had concluded that because of the changing nature of cyberattacks, the then-current practice of using firewalls and VPNs to protect the connections between networks was obsolete. These first-generation tools, they concluded, needed to be replaced by new tools capable not only of securing network connections, but of ensuring the integrity of the content inside the connections. This led to their vision for second-generation cybersecurity tools built around: • The ability to collect and correlate cyber threat intelligence information on an unprecedented scale. To put this capability in place, Fortinet established FortiGuard Labs, an in-house cyber threat research organization (now among the largest cyber threat research organizations in the world) that collects and correlates threa t information from a global network of more than 3 million sensors. FortiGuard Labs then disseminates this information to Fortinet customers as software subscriptions that allow their Fortinet network security appliances to identify new and evolving cybersecurity threats. • A new generation of network security appliances (physical and virtual) based on a common operating system that allows security updates from FortiGuard Labs to be shared simultaneously across all Fortinet appliances in an organization’s network security environment. This means that all deployed appliances can provide a rapid, unified response to threats. The operating system, FortiOS, also allows Fortinet appliances to be managed from a central console. • The ability to perform security and networking functions at extremely high rates of speed -- so that securing a network does not mean slowing the network down. To accomplish this, Fortinet developed proprietary ASIC content processors and network processors that enhance the speed and scalability of our network security appliances. The content processors work outside a network’s direct traffic flow to provide high-speed cryptography and content inspection without impacting network speed while the network processors work with FortiOS to enhance firewall performance for IPv4, IPv6, and multicast traffic. Page 41 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 18 By 2002, Fortinet had brought the approach described above to market with the introduction of FortiGate, our line of next-generation firewalls. By the time we became a publicly traded company (NASDAQ:FTNT) in 2009, our broad line of FortiGate firewalls had earned a solid reputation in the marketplace for scalability, high security effectiveness, and unsurpassed performance. This flagship product line is the reason why Fortinet is now recognized by Gartner, Inc. as a market leader in both the unified threat management (UTM) device and the enterprise firewall markets. It is also the key reason why data from the market research firm IDC (www.idc.com) shows that Fortinet now ships more network security appliances annually than Cisco, Checkpoint, Juniper, or Palo Alto Networks (See Figure 1.) With our IPO behind us and with the steady growth of our FortiGate customer base, Fortinet began to formulate is vision for a third-generation of cybersecurity tools. As Figure 2 shows, our vision acknowledges that it is no longer enough to secure IT networks. In today’s world, our focus must be on securing IT infrastructure -- from the client to the network to the cloud to the Internet of Things. This shift has led us to expand our product portfolio to include new physical and virtual security appliances used to secure web applications, wireless networks, and email gateways. It has led also led us to introduce new products for detecting and analyzing zero-day threats and products that make it easier for organizations to manage their IT security operations and comply with applicable security policies and regulations. In expanding our product portfolio, we have stressed: (1) making it easier to share threat information not only among our own product but also with third-party products and (2) using artificial intelligence to automate many threat detection/response activities that, until now, had to be performed manually. This frees up our customers’ security experts to focus on more complex tasks and means that our customers can respond faster to cyber threats. Figure 2. Cybersecurity from Generation 1 to Generation 3: Fortinet’s Role in This Evolution The corporate evolution summarized above has made us a profitable company. We are debt-free, have annual sales of more than $1.4 billion, and have more than $1 billion in cash on hand to continue doing what we do best: innovate. Figure 1. Annual Shipments of Network Security Appliances Page 42 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 19 4.3 D&B Number ¨ Company’s Dun & Bradstreet (D&B) number. Our D&B Number is 040806445. 4.4 Organizational Chart ¨ Company’s organizational chart of those individuals that would be involved in the contract. To provide context, we are including two organizational charts in this section: in Figure 3, we show our US sales organization and in Figure 4, we show the organization of the project team that will be responsible for the successful execution of the NCPA contract. Mike Bossert, Senior Vice President for North American Sales, leads Fortinet’s Canadian and US sales organizations. As Figure 3 shows, the US sales organization encompasses four regional sales territories that cover all 50 states, the District of Colombia, and two US territories. It also includes two business units responsible for sales to the Federal government and to US telecommunications carriers and managed security service providers. Finally, it includes several sales support and overlay teams including a team focused on state/local/educational (SLED) sales. This business unit works collaboratively with our four regional sales organizations and with other Fortinet business units to ensure that Fortinet’s products and service offerings are well aligned with the needs of state, county, and municipal government agencies and with the needs of educational institutions and non-profit organizations. Figure 3. US Sales Organization Within each of the four regional sales territories shown in Figure 3, key resources are: Mike Bossert Senior Vice President North American Sales Sales Support/Overlay Teams •SLED Sales •Sales Operations •Renewals •Inside Sales •Enhanced Technologies Vice President Western US Vice President Central US Region Vice President Northeast US Vice President Southeast US Vice President Federal Sales Vice President Carrier and Service Providers •SE Leader •Field Resources •Account Managers •Engineers •Channel Managers •Field Marketing •SE Leader •Field Resources •Account Managers •Engineers •Channel Managers •Field Marketing •SE Leader •Field Resources •Account Managers •Engineers •Channel Managers •Field Marketing •SE Leader •Field Resources •Acccount Managers •Engineers •Channel Managers •Field Marketing •SE Leader •Field Resources •Account Managers •Engineers •Channel Managers •Field Marketing •SE Leader •Field Resources •Account Managers •Engineers •Channel Managers •Field Marketing Page 43 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 20 • A dedicated Sales Engineering Leader who is responsible for managing the pre-sales engineering support we provide to customers and resellers in our US Sales regions. • Field Resource Teams that cover designated territories within each region. These teams include: o Account Managers and Sales Engineers who provide sales support to customers and resellers. This includes Account Managers/Sales Engineers who are focused specifically on the SLED market. o Channel Managers who recruit and support qualified, capable resellers throughout each region. o Field Marketing Managers who provide marketing support within the region. Figure 4 shows the project team responsible for the success of the NCPA contract. As the Figure shows, Mike Bossert, the Senior Vice President for North American Sales, is the Executive Sponsor for the contract. In that capacity he has overall responsibility for our performance on the contract. He will meet with our designated NCPA Contract Manager on a regular basis to review contract status and will receive regular status reports. Our designated Contract Manager for the NCPA contract is Jeff Jennings, the Director of our SLED business unit. Jeff brings knowledge gained in past positions at two other companies where he served as the contract manager for their NCPA technology contracts. In managing this contract, he will draw on the support of our SLED Marketing Manager, who brings an in-depth understanding of the SLED market to her role; a Contract Administrator with years of experience managing/administering/using large multiple award contract vehicles; and a Sales Operations Manager who uses her knowledge of educational procurement practices to help Fortinet provide effective sales support to educational customers. We will also establish two working groups to bring insight from the field into our management team: one will include sales Account Managers who work in the SLED Market and the other will include Channel Managers responsible for recruiting and supporting resellers with experience serving the SLED market. Figure 4. NCPA Contract Management Team 4.4.1 Office Locations ¨ Corporate office location. Ø List the number of sales and services offices for states being bid in solicitation. Mike Bossert NCPA Contract Executive Sponsor S. O’Neill SLED Marketing P. Pallares Contract Administration A. M. Miller Sales Operations, SLED Regional Sales Working Group Procurement Officer Region 14 Educational Service Center Jeff Jennings NCPA Contract Manager Regional Channel Working Group Page 44 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 21 Sales: This contract, which will be available to customers in all 50 states, the District of Columbia, and in US territories, will be managed out of Fortinet’s corporate headquarters in Sunnyvale, CA. (See table below.) For sales, we will make use of an established distribution channel that includes five US-based distributors and resellers and value- added resellers in US states and territories. Our sales resources also include field-based Fortinet Sales Account Managers and Sales Engineers who provide pre-sales support to customers and resellers in their respective territories. Services: See table below: Office or Field Resource Role in Contract Corporate and Contract Management Fortinet Headquarters 899 Kifer Road Sunnyvale, California 94086 Phones: Main switchboard: 408-235-7700 Sales/Training: 866-868-3678 Technical Support: 408-542-7780 866-648-4638 Contract management Contract administration Sales management Finance and accounting Training and professional services Product development Order process management Support management Supply chain management Quality assurance Compliance Sales Field-Based Sales Teams in US States/Territories Sales account management Pre-sales engineering Technical Support Regional Technical Assistance Centers* Plano, Texas Ottowa, Ontario ON Canada Burnaby, BC Canada Product Distribution Supply Depots Fortinet maintains 35 hardware storage facilities worldwide and 200 regional equipment depots. * Fortinet uses a follow-the-sun model for technical assistance. Support will therefore be provided to NCPA customers from these North American centers during regular business hours and will roll over to TACs in other regions after hours (except in the case of contracts/purchase orders that require support from US TACs only). Ø List the names of key contacts at each with title, address, phone and e-mail address. Position Contact Information Contract Manager Jeff Jennings National SLED Practice Director Business Address: Fortinet, Inc. 899 Kifer Road, Sunnyvale CA 94086 Phone: (661) 302-8909 Email: jjennings@fortinet.com Contract Administrator Patricia Pallares Director Multiple Award Contracts Business Address: Fortinet, Inc. 899 Kifer Road, Sunnyvale CA 94086 Phone: (505) 962-2134 Email: ppallares@fortinet.com Technical Support Fortinet Technical Support Phone: 408-542-7780 Phone: 866-648-4638 Website (chat, email): https://support.fortinet.com Page 45 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 22 4.5 Standard Terms of Payment ¨ Define your standard terms of payment. Customers that use this contract will make payments directly to the awarded vendor or to the NCPA-approved distributor/partner/reseller with whom the order was placed. Payment terms are net thirty (30) days from the date of the invoice. Late fees may be charged on all amounts not paid when due at the rate of one and one half percent (1.5%) per month or the highest rate permitted by law, whichever is lower. 4.6 Key Competitors ¨ Who is your competition in the marketplace? The table below identifies key cybersecurity market segments in which Fortinet competes. It uses data from Gartner Magic Quadrant Reports and NSS Labs Security Test Reports to identify our competitors in those market segments. The Gartner Magic Quadrant Reports are based on a proprietary qualitative methodology that classifies the established companies in a market segment into four categories: “market leaders”, “challengers”, “niche players” and “visionaries”. The NSS Labs security test reports use a proprietary test and analysis methodology to measure the security effectiveness and total cost of ownership of the products network security manufacturers submit for testing. It then uses the results to assign a rating of “recommend”, “neutral”, or “caution” to each tested product. Market Segment Key Competitors Supporting Information Enterprise Firewalls Definition: Purpose -built appliances for securing enterprise networks. Able to support single-enterprise firewall deployments and large and/or complex deployments. The ability to provide virtual versions for the data center is now an expectation as is the ability to deploy in cloud environments. • Palo Alto Networks • Check Point Software Technologies These two companies, along with Fortinet, are ranked as “market leaders” in the latest Gartner, Inc. Magic Quadrant report on the Enterprise Firewall market. Unified Threat Management Devices Definition: Multifunctional network security products designed for small to medium-size organizations (100 to 1,000 employees). Typical capabilities provided include enterprise firewall, intrusion prevention, remote access, secure web/email gateway, routing and wan connectivity. • Check Point Software Technologies • Sophos These two companies, along with Fortinet, are ranked as “market leaders” in the latest Gartner, Inc. Magic Quadrant report on UTM Devices. Next-Generation Firewall Definition. Deep-packet inspection firewalls that move beyond port/protocol inspection and blocking to add application-level inspection, intrusion prevention, and to bring in intelligence from outside the firewall. • Barracuda • Checkpoint • Cisco • Forcepoint • Palo Alto • Sophos • SonicWall • WatchGuard These eight companies, along with Fortinet, received “recommend” ratings from NSS Labs in its most recent tests on Next- Generation Firewalls. Data Center Security Gateway (DCSG) Definition. DCSGs protects data center servers and the applications that run on them (i.e., web servers, mail servers, DNS servers, application servers, etc.) from potential threats. They converge data center firewall and data center intrusion prevention system technologies and perform access control and deep packet inspection to protect server applications from remote attacks. • Juniper Networks • Palo Alto Networks • Cisco These three companies, along with Fortinet, received “recommend” ratings from NSS Labs, Inc. in that organization’s first tests on firewalls used as Data Center Security Gateways. Data Center Intrusion Protection Systems (DCIPS) Definition. Data center network security devices are deployed to protect servers and applications hosted in the data center. Data center intrusion prevention systems (DCIPS) are deployed at critical points in the network. Their role is to identify and block sophisticated threats against web servers, application servers, and database servers without false positives or degradation of network performance. • Juniper Networks • McAfee • Trend Micro These three companies, along with Fortinet, received “recommend” ratings from NSS Labs, Inc. in that organization’s most recent tests on Data Center Intrusion Protection Systems. Page 46 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 23 Market Segment Key Competitors Supporting Information Breach Detection (or Advanced Threat Protection) Definition. These products provide enhanced detection of advanced malware, zero-day attacks, and targeted attacks that could bypass defenses such as next generation firewalls, intrusion prevention systems, intrusion detection systems, antivirus/endpoint protection (including host IPS), and secure web gateways. • Trend Micro • Lastline • Check Point Software Technologies These three companies, along with Fortinet, received “recommend” ratings from NSS Labs, Inc. in that organization’s most recent tests on Breach Detection Systems. NSS Labs tested products from a total of six companies in these tests. Web Application Firewalls Definition: Physical or virtual appliance to protect public and internal web applications, whether deployed on premise or remotely hosted. Should protect against a variety of attacks including injection attacks and application-layer denial of service (DoS). • F5 • Imperva • Akamai These three companies are ranked as “leaders” in the latest Gartner Magic Quadrant report on Web Application Firewalls. Fortinet is ranked as the “challenger” closest to moving into the “leader” quadrant. Wired and Wireless LAN Access Infrastructure Definition: This market segment consists of vendors supplying wired and wireless networking hardware and software that enables devices to connect to the enterprise wired LAN or Wi-Fi network. • Riverbed • Dell EMC • Juniper Networks • New H3C These four companies, along with Fortinet are the five top-ranked “niche players” in the latest Gartner Magic Quadrant for Wired and Wireless LAN Access Infrastructure. Advanced Endpoint Protection (AEP) Definition: AEP products protect endpoints from a multitude of attack threat vectors targeting a very dynamic enterprise class endpoint attack surface. They should also be resistant to evasion techniques and provide low false positive results. • Sentinel One • Invinces • McAfee • Symantec • Cylance • Trend Micro • ESET • Kapersky These eight companies, along with Fortinet, received “recommend” ratings from NSS Labs, Inc. in that organization’s most recent tests on Advanced Endpoint Protection. NSS Labs tested products from a total of 13 companies in these tests. Page 47 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 24 4.8 Fortinet Competitive Advantages ¨ What differentiates your company from competitors? The three attributes described below distinguish us from our competitors. 4.8.1 Our Corporate Strength and Stability When it comes to the cybersecurity industry – an industry that includes hundreds of new startups and has frequent mergers/acquisitions – Fortinet stands out as a stable, reliable partner for NCPA. We are a 17-year-old US company whose founders, Ken and Michael Xie, continue to serve as our company’s Chief Executive Officer and our Chief Technology Officer. Under their leadership we have become a profitable, debt-free cybersecurity company with more than 5,000 employees worldwide, annual sales of more than $1.4 billion, and ample cash on hand to invest in our products and our people. These three metrics underscore the corporate strength that makes Fortinet a viable long-term partner for NCPA: • Innovation. As of February 2018, Fortinet has 441 issued patents. This is three to eight times more than the number of patents held by the companies we identified in Section 4.6 as competitors in these key markets: enterprise firewalls and UTM devices. • Growth. The Fortune Future 50 is an industry ranking introduced by Fortune in 2017 that ranks the US public companies with the best prospects for breakout growth in the future. Not surprisingly given the importance that organizations place on protecting their IT infrastructure and data, there are three cybersecurity companies on this list. Fortinet is one of them. • Technology Adoption. In Figure 1, we showed the number of network security appliances shipped by Fortinet and by four other leading suppliers of firewalls from 2011 through 2016. The trend line shows that Fortinet now ships more than twice as many appliances as two of the companies shown in Figure 1 and more than six times as many as the other two companies shown in the figure. 4.8.2 Our Ability to Execute on our Vision In Section 4.2, we described Fortinet’s vision for the evolution of the cybersecurity industry, which has moved from protecting network connections to protecting the content inside of network connections to protecting IT infrastructure. Explained simply, moving from the second generation of cybersecurity to the third means replacing point cybersecurity products that do not communicate with one another within an organization’s IT infrastructure with an integrated security fabric in which every cybersecurity product deployed receives and acts on the same information in real time. If there is one fundamental attribute that distinguishes Fortinet from our competitors, it is that Fortinet has made this leap; others in the industry have not. The solution we sell that embodies this leap is the Fortinet Security Fabric. The Security Fabric, which is illustrated in Figure 5, acknowledges that in today’s IT environment, an organization’s network is not secure unless its entire IT infrastructure is secure – including cloud resources, web applications, email, network access points, endpoints, and IOT devices. It is built around Fortinet products which, because they are based on the same powerful, purpose-built security operating system, can receive, correlate, and automatically act in real-time and in a coordinated fashion on threat information provided around the clock by FortiGuard Labs (discussed in Section 4.8.3). By leveraging open standards and APIs, third-party products from many leading manufacturers and software publishers can also be integrated into Fortinet Security Fabric solutions. If we are awarded an NCPA IT Security and Data Protection Solutions contract, agencies and educational institutions will be able to acquire our Security Fabric products at discounted prices. This includes physical and virtual products used for network security, management and analytics, multi-cloud security, web application security, email security, advanced threat protection, secure unified access (wired and wireless), and endpoint security. Page 48 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 25 Figure 5. The Fortinet Security Fabric: The Third Generation of Cybersecurity 4.8.3 Our Threat Research Capabilities FortiGuard Labs is Fortinet’s in- house applied threat research organization. With a staff composed of security threat researchers, engineers, and forensic specialists who scour the cyber landscape to discover emerging threats and develop effective countermeasures, FortiGuard Labs is the reason why Fortinet has been credited with 534 zero-day threat discoveries to date – including 21 discovered so far this year. FortiGuard Labs uses human analysis, analytics and machine learning to turn the threat information it collects directly or through threat intelligence sharing into near real-time updates to our FortiGuard Security Subscription Services (Figure 6) which it makes available to subscribers on a 24 x 7 basis. These subscriptions are a key component of our offer to NCPA. Figure 6. FortiGuard Security Subscriptions Page 49 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 26 4.9 How We Will Market Our NCPA Contract ¨ Describe how your company will market this contract if awarded. Fortinet understands that an effective marketing plan is crucial to our success as an NCPA contract holder. This is reflected in our decision to designate Jeff Jennings as our Contract Manager for this effort and to include Sowjanya O’Neill as part of the NCPA Contract team. As noted previously, Jeff has successfully managed NCPA contracts in the past and Sowjanya, who is Fortinet’s Senior Manager for SLED Marketing, is ideally positioned to integrate our NCPA contract marketing objectives into our overall SLED marketing plan. She also brings extensive experience developing and executing go-to-market strategies for technology companies. Under her direction, we will implement a marketing approach that will include: • Social media promotion via LinkedIn, FaceBook and Twitter • Collaboration with NCPA’s marketing team, with an emphasis on identifying opportunities for co-branding • Deploying a dedicated contract website • Providing training on the NCPA contract to Field Marketing Managers • Integrating information on the NCPA contract into existing SLED marketing campaigns • The creation of marketing collateral targeting agencies eligible to use the NCPA contracts • Webinars for agencies eligible to use the NCPA contracts • The creation of marketing collateral for authorized resellers • Outreach and training for authorized resellers that sell to SLED customers • Webinars targeting resellers interesting in becoming authorized resellers on the contract • Collaboration with our resellers’ marketing teams • Trade shows and industry events 4.10 How We Will Introduce NCPA to Our Company ¨ Describe how you intend to introduce NCPA to your company. Our Contract Manager will take the lead on introducing the NCPA contract to Fortinet Sales Account Managers responsible for sales to the SLED market. He will also introduce the contract to Channel Managers responsible for recruiting and supporting resellers who serve this market. Our Contract Administrator will work closely with Jeff to ensure that our Sales Account Managers understand the contract terms and conditions. At contract award, we will use group conference calls and training webinars to reach these two internal audiences. We will also implement processes to monitor whether field teams are leveraging the NCPA contract and will provide follow-up training as needed. Finally, we will integrate information on using the NCPA contract into our training for new Sales Account Managers responsible for SLED sales and for new Channel Managers and Marketing Managers in the field. 4.11 On-line Catalog / Ordering Website ¨ Describe your firm’s capabilities and functionality of your on-line catalog / ordering website. Because Fortinet uses a channel model for sales, we do not have, nor do we intend to implement, and ordering website for the NCPA contract. What we do provide is a website ( www.fortinet.com) that SLED customers can use to find detailed information on our products and services and to access technical support. As indicated in Section 4.9, we intend to add dedicated site for the NCPA contract to this website. We will use this site to provide information on how to use our NCPA contract to organizations interested in using the contract and to help them connect with qualified, capable authorized resellers who serve their geographic market. Page 50 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 27 4.12 Customer Support Services ¨ Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.) To provide effective support to a customer base that spans the globe, Fortinet has made it a priority to build a best-in- class global infrastructure for technical assistance and warranty/maintenance support. This infrastructure features three global Centers of Expertise (COE) supplemented by regional Technical Assistance Centers (TACs). It also includes 35 hardware storage facilities worldwide and 200 regional depots. This infrastructure provides the foundation for FortiCare Services, the program through which we will provide support for products covered by warranty and, thereafter, maintenance support for products covered by a FortiCare maintenance plan. The subsections below describe these services as they relate to the State’s requirement for hardware and software maintenance. 4.12.1 Hardware Maintenance Our price list includes line items that will allow NCPA contract users to purchase FortiCare Services for hardware appliances in one-, three-, and five-year increments. It also includes “bundles” that allow hardware, applicable FortiGuard security software subscriptions, and FortiCare services to be purchased together at a reduced price. Whether purchased separately or as part of a “bundle”, an NCPA customer will be able to choose the hardware support plan that meets its needs from these options: • FortiCare 8x5 Service. Provides access to technical support via Fortinet’s support portal, online chat system, and telephone during regular work hours. This plan also includes return and replace services for hardware failures. • FortiCare 24x7 Service. Provides access to technical support via the methods described above a 365x24x7 basis. This plan also includes an advanced replacement service for hardware failures. • FortiCare 360° Service. Provides the services included in the FortiCare 24x7 package, plus a recurring health check for customers with FortiGate and/or FortiWiFi appliances. As part of the service, Fortinet proactively performs device environmental and performance audits for the contracted appliances. Based on the audit results, we provide recommendations to help customers avoid unplanned service disruptions or issues that could degrade performance. For many products, Fortinet also provides the option to purchase Premium RMA Service. The available options with this service are: • Next-day Delivery: Parts delivered the day following RMA approval by Fortinet support. • 4-Hour Courier: Parts delivered on-site 24 hours a day, 7 days a week within 4 hours of RMA approval by Fortinet support (where available). • 4-Hour On-site Engineer: Parts delivered on-site with an engineer, 24 hours a day, 7 days a week within 4 hours of RMA approval by Fortinet support (where available). • Secure RMA Services: This service allows for non-return of an appliance for those customers with strict rules and requirements for physical data protection. Page 51 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 28 4.12.2 Software Maintenance Our price list includes perpetual licenses for a wide range of virtual appliances. We offer FortiCare Services packages (8 x 5 or 24 x 7) for these products in one-, three-, and five-year increments. These plans encompass technical support services for software products covered by an active warranty or maintenance plan. This support is available telephonically as well as through our web portal or by chat. Software error correction and software update services are also included. Our price list also includes the FortiGuard security software subscriptions discussed previously in Section 4.8.3. FortiGuard Labs issues updates for these software applications on a continuous basis as new cybersecurity threats are identified. We make use of a global network of FortiGuard Distribution Servers (FDS) to distribute these software updates to registered Fortinet devices in the field. The FDS supports: • User-initiated updates • Hourly, daily, or weekly scheduled antivirus definition, IPS definition, and antispam rule set updates from the FDN • Push updates 4.12.3 Premium Support Services In addition to the support services outlined above, Fortinet has included the following premium support services in our proposal as value-added services: • Premium – Enterprise. This is an annual service plan that provides fast-track access to an advanced services team. It also includes training and certification, a customized account plan, and pro-active after-hours support. • Business – Enterprise. This is an annual service plan that includes a designated engineer who will become familiar the customer’s environment and assist in regular ticket reviews. It also includes bi-annual and root- cause analysis reporting. • First – Enterprise. This annual plan includes a designated lead engineer, aka technical account manager (TAM), who collaborates with the customer to build and maintain a long-term technical engagement, providing technical support, operational reviews and quarterly reporting. The service also includes best practice guidance, upgrade assistance, extended software support to facilitate upgrade planning, and advanced notifications. 4.13 Green Initiatives ¨ Green Initiatives Ø As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative. Fortinet is committed to environmentally responsible behavior. We have processes in place to ensure that our products reduce impact to the environment and are in compliance with applicable laws and regulations in the jurisdictions where we conduct business. Ongoing initiatives of note include: • A program to curb the use of hazardous substances in equipment sold in the European Union, • The introduction of recycling support for equipment sold in the European Union. Page 52 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 29 4.14 Vendor Certifications ¨ Vendor Certifications (if applicable) Ø Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service. Fortinet does not have federal, state, or local certifications covering services. However, we wish to make you aware of the following certifications: • ISO 9001:2015, Quality Management System. The scope of this certificate covers the design, development, and manufacture of Network Security Products and the Delivery of Associated Security Services and Support. (A copy of our certificate is provided in Attachment 4.) • Our price list includes selected products that are certified for compliance under the US National Information Assurance Program Common Criteria Evaluation and Validation Sch eme (CCEVS). • Our price list includes selected products certified by the National Institute of Standards and Technology for compliance with FIPS 140-2, Security Requirements for Cryptographic Modules. Page 53 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 30 Tab 5 – Products and Services ¨ Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs. The following is a list of suggested (but not limited to) IT Security and Data Protection Solutions categories. List all categories along with manufacturer that you are responding with: Ø Content Filtering Ø Anti-Virus / Anti-Spam Ø Network Forensics / Real – Time Monitoring Ø Network Access Control Ø Firewalls Ø Network Storage / Archiving Ø Wireless Networks Ø Bandwidth Management Ø Networking Hardware Ø Application Security Ø Email Security and Archiving Ø Data Protection § Backup § Cloud Backup We have edited the list above to show the suggested capabilities that are addressed by hardware or software products included in our price list. Described at a high level, our price list includes: • Physical and virtual cybersecurity appliances (hardware appliances and perpetual software licenses) that provide functional capabilities in these areas: o Network Security o Cloud Security o Web Application Security o Email Security o Advanced Threat Protection o Secure Unified Access o Endpoint Security o Management and Analytics • FortiGuard Security Subscriptions (term software licenses) for: o Application control o Intrusion prevention o Antivirus o Sandboxing Page 54 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 31 o IP reputation and anti-botnet o Web filtering o Web application security o Credential stuffing defense o Database security o Virus outbreak protection o Content disarm and reconstruction o Security rating • Hardware and software maintenance plans (as described in Section 4.12) o 8 x 5 support o 24 x 7 support o 360o support (24 x 7 support with proactive monitoring and health checks) o Premium support services • Professional Services o Remote engineering support o Onsite engineering support • Training o Onsite courses o Self-paced courses o Instructor-led virtual courses • Value-Added Products (See Tab 8) Page 55 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 34 Tab 8 – Value Added Products and Services ¨ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities. Fortinet’s goal if awarded a contract under the new NCPA IT Security and Data Protection Solutions program is to establish a productive, mutually beneficial partnership with the Region ESC and NCPA that benefits NCPA’s participating entities. To accomplish this, we have elected to include our entire commercial price list in this offer (with the exception of certain legacy products from our acquisition of Meru Networks in 2015). Given the nature of our business, most of the products and services that we offer fall squarely within the scope of this offer. However, our decision to include are full price list means that NCPA participating entities will also be able to acquire products from our FortiVoice product line (IP PBX phone systems for business) and FortiCamera/FortiRecorder (our network- based video security solution. Based on the evaluation criteria included in the RFP, it is clear that for the Region 14 ESC and NCPA, providing good value to NCPA contract stakeholders also means demonstrating a commitment to effective support in these areas: • Marketing. To ensure we meet NCPA’s expectations for providing effective marketing support, we have included a senior-level marketing resource on our contract team for this contract. In Section 4.4, we outlines some of the strategies she will use to ensure that NCPA stakeholders are aware of our contract and know how to leverage it to obtain our best-of-breed cybersecurity products/solutions at competitive prices. • Increasing the presence of MWBEs and HUBs in the NCPA contracting program. Fortinet intends to allow authorized resellers to use our contract and has strong program in place for recruiting and supporting our channel partners. This puts us in a strong position to create opportunities for MWBEs and HUBs as authorized resellers. • Customer Service. See Section 4.12 for our description of our comprehensive customer support program. This is the same customer support program that US Federal agencies and some of the world’s largest financial institutions and telecommunications carriers rely on to provide support for their Fortinet Network Security and Security Fabric solutions. Page 56 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 35 Tab 9 – Required Documents ¨ Clean Air and Water Act / Debarment Notice ¨ Contractors Requirements ¨ Antitrust Certification Statements ¨ FEMA Standard Terms and Conditions Addendum for Contracts and Grants ¨ Required Clauses for Federal Assistance by FTA ¨ State Notice Addendum Page 57 of 390 RFP 02-18 , IT Sec urity and Data Protec tion Solutions Clean Air and Water Act & Debarment Notice I, the Vendor, am in compli a n ce with all app licabl e standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended ( 42 U.S. C. 1857 (h), Section 5 08 of the Clean Water Act, as amended (33 U.S.C. 1 368), Executive Order 117389 a nd Environmental Protection Agency Regulatio n, 40 CFR Part 15 as required under OMB Circular A-102, Attachment 0, Paragraph 14 (1) r egarding r eporting violations t o the g r antor agency a nd to the United States En vi ronment Protection Agency Assistant Ad minis t rator for t he Enforcement. I hereby furth er certify that my company has not b een debarred, suspended or otherwise ineligibl e for participation in Federal Assistance programs under Executive Orde r 12549, "Debarment and Suspension", as described in the Fed eral Regis ter and Rules a nd Regulations Potential Vendor Fortinet, Inc. Print Name John Whittle Address 899 Kifer Road City, Sa t e, Zip Sunnyvale, CA 94086 Authorized signa ture Date I March 20, 2018 Page 58 of 390 F 5:5 RTinET: RFP 02-18, IT Security and Data Protection Solutions Contractor Requirements Contractor Certification Contractor's Employment Eligibility By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immi gration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in. Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws. Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and s uspension andjor debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contract~r. The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with theE-Verify Employee Eligibility Verification Program. Contractor shall comp ly with governing board policy of the NCPA Participating entities in which work is being performed Fingerprint & Bach:ground Checi{S If required to provide services on school district property at least five (5) times during a month, contractor s ha ll submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employe es shall not provide servic es on school district properties until authorized by the District. The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is b eing performed unless otherwise exempted. Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed Business Operations in Sudan, Iran In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutini zed business operations in Sudan and/ or Iran. Authorized signature Date March 20, 2018 Page 59 of 390 F S:5 RTinET: RFP 02-18, IT Security and Data Protection Solutions Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under p e nalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this contract on my own behal f or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provis i on of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and ( 4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual e ngaged in the same line of business as the Company. Company name Fortinet, Inc. Address 899 Kifer Road City /State/Zip Sunnyvale, CA 94086 Telephone No. (408) 235-7700 Fax No . ( 408) 212-9290 Email a ddress jwhittle@fortin etcom Printed name John Whittle Pos ition with company Vice President, General Co unsel Authorized signatur r= March 20, 201 8 Page 60 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 39 FEMA Standard Terms and Conditions Addendum for Contracts and Grants If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management Agency (“FEMA”) grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 (“44 CFR 13”). In addition, Contractor agrees to the following specific provisions: 1) Pursuant to 44 CFR 13.36(i)(1), University is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor’s compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43. 2) Pursuant to 44 CFR 13.36(i)(2), University may terminate the Master Agreement for cause or convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44. 3) Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws: a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60); b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3); c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 30) as supplemented by DOL regulations (29 CFR Part 5); e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation play issued in compliance with the Energy Policy and Conservation Act (Pub. L.94-163, 89 Stat. 871). 4) Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41. 5) Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions 72 regarding patents: a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the participating agency and be disposed of in accordance with the participating agencies policy. The participating agency, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries. 6) Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights: a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes: 1) The copyright in any work developed under a grant or contract; and 2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support. 7) Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as the participating agency deems necessary, Contractor shall permit participating agency, FEMA, the Comptroller General of United States, or any of their duly authorized Page 61 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 40 representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions. 8) Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or participating agency makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42. Page 62 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 41 Required Clauses for Federal Assistance provided by FTA ACCESS TO RECORDS AND REPORTS Contractor agrees to: a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11). CIVIL RIGHTS / TITLE VI REQUIREMENTS 1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract: a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Page 63 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 42 Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin. 4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non- discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part. Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. DISADVANTAGED BUSINESS PARTICIPATION This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances . Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall Page 64 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 43 carry out all applicablerequirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)). 2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract. ENERGY CONSERVATION REQUIREMENTS Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be in violation of the FTA terms and conditions. Page 65 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 44 NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate. Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate. Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Page 66 of 390 A B C A+B+C D E D+E A+B+C-D-E New Project Fund Bal. Budget World G/L Start Project Carry Fwd. 2018 BUDGET Amend REVISED 2018 2018 TOTAL APPROP. Project Task Division PROJECT Year End Date 12/31/2017 Approp. Amendments Notes BUDGET EXPEND. ENCUMB.EXP. AND ENC. BALANCE MUNICIPAL COURT 31 0401 001 0401 Audio/Video System Upgrade 2007 50,000.00 50,000.00 - - 50,000.00 31 0401 002 0401 Furniture 2017 1,856.78 1,856.78 - 1,856.78 SUBTOTAL 51,856.78 - - 51,856.78 - - - 51,856.78 INFO TECH 31 0701 001 0703 Network Development 2001 Ongoing 279,325.60 21,213.87 300,539.47 187,638.94 10,223.11 197,862.05 102,677.42 31 0701 002 0703 Telecommunication Systems 2001 Ongoing 79,977.11 25,000.00 104,977.11 9,381.73 9,381.73 95,595.38 31 0701 003 0703 Fin & HR Systems - Lic/Upgrades/Hardware 2001 Ongoing 45,471.88 45,471.88 11,724.36 318.19 12,042.55 33,429.33 31 0701 004 0703 Fin & HR Systems - Fin-Tax Collect & Licensing 2001 Ongoing 37,252.20 37,252.20 29,279.58 29,279.58 7,972.62 31 0701 005 0703 Court System 2001 Ongoing 60,351.28 175,000.00 235,351.28 - 235,351.28 31 0701 006 0703 Permit Tracking System 2001 Ongoing 111,723.73 111,723.73 3,781.00 3,781.00 107,942.73 31 0701 007 0703 Departmental PC Replacement 2001 Ongoing 85,190.22 45,000.00 130,190.22 42,810.33 9,606.83 52,417.16 77,773.06 31 0701 008 0703 Security Cameras 2014 Ongoing 85,503.08 25,000.00 110,503.08 1,342.99 164.93 1,507.92 108,995.16 31 0701 009 0703 ERP System 2016 282,149.50 282,149.50 52,159.85 94,428.04 146,587.89 135,561.61 31 0701 011 0703 Disaster Recovery System 2018 150,000.00 150,000.00 118,130.85 118,130.85 31,869.15 31 0701 012 0703 Audio Video Upgrades 2017 95,327.17 95,327.17 6,196.37 6,196.37 89,130.80 31 0701 013 0703 Library/Recreation System Upgrades 2017 48,479.17 48,479.17 14,268.00 14,268.00 34,211.17 31 0701 014 0703 Patrol Car MDT's 2017 29,328.66 (22.06) Close to FB 29,306.60 29,306.60 29,306.60 - 31 0701 015 0703 Tyler Content Manager Document Management 2017 37,818.75 37,818.75 7,443.75 14,358.05 21,801.80 16,016.95 31 0701 016 0703 GIS Enterprise License 2018 23,333.00 23,333.00 23,333.00 23,333.00 - 31 0701 017 0703 Software Maintenance - General 2018 - 142,500.00 142,500.00 100,465.08 100,465.08 42,034.92 SUBTOTAL 1,427,898.35 435,833.00 21,191.81 1,884,923.16 633,481.43 132,880.15 766,361.58 1,118,561.58 PUBLIC WORKS 31 1005 001 1005 Facilities and Operations 2017 In Process 279,884.12 440,000.00 719,884.12 32,070.12 32,070.12 687,814.00 31 1005 004 1005 ERC Restroom Remodel 2017 Fall 2017 Fall 55,000.00 55,000.00 - 55,000.00 31 1005 006 1005 Civic Center Bathrooms 2017 TBD 20,000.00 20,000.00 - 20,000.00 31 1005 007 1005 Civic Center HVAC Upgrades 2017 TBD 85,000.00 85,000.00 - 85,000.00 31 1005 008 1005 Civic Center Bldg Envelope and Seams 2017 Planning 50,000.00 50,000.00 10,000.00 10,000.00 40,000.00 31 1005 009 1005 Security - Civic Center and Rec Center 2017 194,003.86 194,003.86 26,816.31 59,813.60 86,629.91 107,373.95 31 1005 010 1005 Civic Center Roof Coating 2018 - 500,000.00 500,000.00 - 500,000.00 31 1005 011 1005 Civic Center Freight Elevator 2018 - 150,000.00 150,000.00 - 150,000.00 31 1005 012 1005 ERC Flat Roof Replacement 2018 - 350,000.00 350,000.00 - 350,000.00 SUBTOTAL 683,887.98 1,440,000.00 - 2,123,887.98 68,886.43 59,813.60 128,700.03 1,995,187.95 POLICE 31 1101 001 1101 Computer Assist Dispatch/MIS Sys 2000 Ongoing 10,000.00 10,000.00 9,747.50 9,747.50 252.50 31 1101 002 1101 Radio CERF 1996 Ongoing 3,485.01 20,000.00 23,485.01 4,230.00 4,230.00 19,255.01 SUBTOTAL 13,485.01 20,000.00 - 33,485.01 13,977.50 - 13,977.50 19,507.51 CAPITAL PROJECTS FUND (MYCP) PROJECT STATUS AND FUND BALANCE REPORT September 30, 2018 FYC 18 NEW.xlsx 2:06 PM 10/19/2018 Page 67 of 390 A B C A+B+C D E D+E A+B+C-D-E New Project Fund Bal. Budget World G/L Start Project Carry Fwd. 2018 BUDGET Amend REVISED 2018 2018 TOTAL APPROP. Project Task Division PROJECT Year End Date 12/31/2017 Approp. Amendments Notes BUDGET EXPEND. ENCUMB.EXP. AND ENC. BALANCE CAPITAL PROJECTS FUND (MYCP) PROJECT STATUS AND FUND BALANCE REPORT September 30, 2018 RECREATION 31 1301 001 1301 Art in Public Places (1%) 1999 Ongoing 50,124.93 20,000.00 70,124.93 7,230.00 7,230.00 62,894.93 31 1301 002 1301 Skidloader 2017 35,000.00 (3,479.00) Close to FB 31,521.00 29,242.48 29,242.48 2,278.52 31 1301 003 1301 Emerald Ash Borer Mitigation 2018 50,000.00 50,000.00 - 50,000.00 SUBTOTAL 85,124.93 70,000.00 (3,479.00) 151,645.93 36,472.48 - 36,472.48 115,173.45 TOTALS 2,262,253.05 1,965,833.00 17,712.81 4,245,798.86 752,817.84 192,693.75 945,511.59 3,300,287.27 Actual Estimate Balance Distribution:Transfer from Utilities 2018 45,000.00$ 45,000.00$ M. Brocklander, IT B. Power, CD Transfer from PIF 1,667,052.00 1,667,052.00 - J. Collins, Police J. Sanchez, Police Transfer from Housing Rehab 500,000.00 500,000.00 - K. Engels, Finance J. Solomon, Library Can Solar Array 701.17 701.17 - D. Hargrove, Library B. Spada, Recreation Insurance Reimb - Ransomeware 22,713.87 22,713.87 - E. Keck, CMO J. Traudt, Muni Ct Interest 33,539.84 37,500.00 3,960.16 D. Lee, Recreation P. Weller, Public Works Total revenues 2,224,006.88 2,272,967.04 48,960.16 D. Long, Public Works T. Wolfe, Muni Ct E. McKee, IT Exp./Enc. Y-T-D 945,511.59 4,245,798.86 L. Nimmo, Public Works Net Income 1,278,495.29 (1,972,831.82) J. Nolan, Revenue FUND BALANCE (1/1/18)2,545,843.56 2,545,843.56 FUND BALANCE 09/30/18 3,824,338.85 573,011.74 Plus: Remaining Revenues 48,960.16 Less: Project Approp. Bal. (3,300,287.27) Less: Proj. Bal. adj. for Neg. (0.00) (0.00) UNAPPROP. FUND BAL. 573,011.74$ 573,011.74$ Revenues YTD: FYC 18 NEW.xlsx 2:06 PM 10/19/2018 Page 68 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Margaret Brocklander DEPARTMENT: Information Technology DATE: December 17, 2018 SUBJECT: Resolution to purchase equipment and software to upgrade the firewall DESCRIPTION: Resolution to purchase equipment and software to upgrade the firewall RECOMMENDATION: Information Technology Staff recommends Council approve by resolution the purchase of equipment and software to upgrade the Firewall from SHI International Corporation in the amount of $52,429.47. SUMMARY: Firewalls are the first line of defense that protect the city's computers and systems from being attacked over the internet by hackers, viruses, and worms. The firewall acts as a gate blocking unauthorized users and safeguarding our data and systems from attack. As demand on the firewall continues to grow the city's current firewall (Fortinet) will need to be upgraded to maintain optimal level of performance and reliability. The firewall upgrade will allow for the maximization of the City’s investment in its computing infrastructure as well as enhance the reliability, versatility, security, compliance and survivability of the City's computing systems. ANALYSIS: The National Cooperative Purchasing Alliance (NCPA) has entered into a Master Agreement with Fortinet, Inc. The Master Agreement provides that any state, city, special district, local government, etc. may purchase products and services at the prices indicated in the Master Agreement. Cooperative purchasing saves significant time and money through large volume purchasing in order to acquire lower prices from selected vendors through the power of aggregation. Cooperative purchasing complies with the City's Purchasing Policies & Procedures, Section XIII - Competitive Bidding Requirements, using cooperative purchasing whenever possible through the State bide list as well as other organizations. The NCPA agreement with Fortinet, Inc. allows the city to get the best pricing; but, Fortinet, Inc. does not sell directly to their customers. They only use resellers. SHI International Corporation is an approved reseller of Fortinet, Inc. products and the attached quote provided by SHI International Corporation is based on pricing in the cooperative purchasing agreement between NCPA and Fortinet, Inc. FINANCIAL IMPLICATIONS: Funding for this project is allocated in the Capital Projects Fund IT Network Development 0701- 0003 Task 01 which currently has an appropriated balance of $102,677. Page 69 of 390 ALTERNATIVES: Upgrading the firewall is necessary to maintain performance, reliability,security and compliance. CONCLUSION: Purchasing the firewall upgrade under the National Cooperative Purchasing Alliance Agreement provides the best pricing available. The Information Technology Staff recommend Council approve by Motion the purchase of a Firewall upgrade from SHI International Corporation. ATTACHMENTS: Resolution Contract Approval Summary SHI Quote National Cooperative Purchasing Alliance Sept Capital Projects Report Page 70 of 390 RESOLUTION NO. _____ SERIES OF 2018 A RESOLUTION AWARDING A SOLE SOURCE CONTRACT FOR THE PURCHASE OF A FIREWALL UPGRADE FOR THE CITY OF ENGLEWOOD COMPUTER NETWORK FROM SHI INTERNATIONAL CORPORATION WHEREAS, Section 116(b) of the Englewood Home Rule Charter and Section 4-1-3-1 of the Englewood Municipal Code 2000, allow contracts for public works or improvements to be negotiated, provided that contracts for which no competitive bids have been requested to be approved and accepted by resolution declaring the reason for the exception to the competitive bidding requirement; WHEREAS, the Englewood Information Technology department would like to purchase a firewall security upgrade from SHI International Corporation, for the installation and upgrade to the City’s computer network; WHEREAS, the Information Technology Department has taken advantage of the pricing through the Fortinet Master Agreement, which allowed the City to utilize the cooperative bid through the National Cooperative Purchasing Alliance; WHEREAS, due to an increase in demand the City’s current firewall has become out dated making the City’s computer network vulnerable to outside computer attacks and data breaches, this upgrade will allow for the maximization of the City’s investment in its computing infrastructure; WHEREAS, SHI International Corporation is a reseller of Fortinet, Inc., second-generation cyber security tools, which not only secure network connections, but ensure the integrity of the content inside the connections; WHEREAS, the funds for the purchase would come from the Information Technology Capital Funds IT Network Development 2018 budget which currently has $102,677.00; and WHEREAS, the cost of the installation of the firewall system would be $52,429.47. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council hereby authorizes the purchase and installation of a firewall upgrade from SHI International Corporation the City Englewood’s computer network system utilizing the National Cooperative Purchasing Alliance in lieu of the competitive bid process as allowed by Section 116(b) of the Englewood Home Rule Charter in the amount of $52,429.47, as set forth in the SHI International Corporation Proposal, attached hereto as Exhibit A. Page 71 of 390 ADOPTED AND APPROVED this 17th day of December, 2018. ATTEST: Linda Olson, Mayor __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2018. ______________________________ Stephanie Carlile, City Clerk Page 72 of 390 Contract Approval Summary V10/25/2017 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Jeromy King Phone: 303.783.6831 Title: Deputy Director of IT Email: jking@englewoodco.gov Vendor Contact Information Vendor Name: SHI Vendor Contact: David Morrison Vendor Address: 290 Davids Ave Vendor Phone: 732-652-0329 City: Somerset Vendor Email: David_Morrison@shi.com State: NJ Zip Code: 08873 Contract Type Contract Type :Other (describe below) Cooperative Purchase of equipment and software for a firewall upgrade Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: December 2018 End Date: Total Years of Term: Total Amount of Contract for term (or estimated amount if based on item pricing): $52,429.47 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Net 30 when equipment arrives Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Cooperative purchase of equipment and software Page 73 of 390 Contract Approval Summary V10/25/2017 Page | 2 Source of funds (Insert Excel Document): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor: ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of proposed awardee ☐RFP: ☐ RFP Evaluation Summary attached ☐ RFP Response of proposed awardee ☐Quotes: Copy of Quotes attached ☐Sole Source: Explain Need below ☒Other: Please describe The National Cooperative Purchasing Alliance (NCPA) has entered into a Master Agreement with Fortinet, Inc. The Master Agreement provides that any state, city, special district, local government, etc. may purchase products and services at the prices indicated in the Master Agreement. Cooperative purchasing saves significant time and money through large volume purchasing in order to acquire lower prices from selected vendors through the power of aggregation. Cooperative purchasing complies with the City's Purchasing Policies & Procedures, Section XIII - Competitive Bidding Requirements, using cooperative purchasing whenever possible through the State bide list as well as other organizations. Page 74 of 390   Pricing Proposal Quotation #:  16200717 Created On:  11/1/2018 Valid Until:  11/30/2018   City Of Englewood  Inside Account Executive   Jeromy King 1000 Englewood Pkwy Englewood, CO 80110 United States Phone:   Fax:  Email:jking@englewoodco.gov   David Morrison 290 Davidson Avenue  Somerset, NJ 08873 Phone: 7326520329 Fax:7325643099 Email:David_Morrison@shi.com All Prices are in US Dollar (USD)   Product Qty Your Price Total   1 Firewall Upgrade     Firewall - Part#: Firewall     Contract Name: National Cooperative Purchasing Alliance     Contract #: 11-14 1 $52,429.47 $52,429.47   Subtotal $52,429.47 Shipping $0.00 *Tax $0.00 Total $52,429.47  *Tax is estimated. Invoice will include the full and final tax due. Additional Comments Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 The Products offered under this proposal are resold in accordance with the SHI Online Customer Resale Terms and Conditions, unless a separate resale agreement exists between SHI and the Customer. Page 75 of 390 National Cooperative Purchasing Alliance Master Agreement Page 76 of 390 Page 77 of 390 Page 78 of 390 F 5:5 RTinET: RFP 02-18, IT Security and Data Protection Solutions > Supplier Vendor shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the records of Vendor on which such Contract Sales and fees are based the accounting _for a period of four ( 4) years from the date NCPA receives the reporting accounting. Any such ffi the event of such an audit shall be performed by ,an independent certified public accountant selected by NCPA and Region 14 ESC no more than once per year. upon reasonable notice and during Vendor's normal business hours. the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an underreporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, . together with interest on such amount and shall be obligated to reimburse NCPA's costs and eJCpenses fur such audit. + General Provisions > This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. > Awarded vendor agrees to allow NCPA to use their name and logo within website, and use for marketing materials and advertisement upon reasonable approval from vendor . Any use ofNCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA. > If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which such party may be entitled. > Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA. which approval shall not be unreasonably withheld . Any assignment without such consent will be void. > This Agreement and NCPA's rights and obligations hereunder may be assigned at NCPA's sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA's obligations hereunder > All written communications given hereunder shall be delivered to the addresses as set forth below. National Cooperative Purchasing Alliance Fortinet, Inc. Name: Name: John Whittle Title: Title: Vice President, General Counsel Address: Address 899 Kifer Road Sunnyvale, CA 94086 Signatur Date: 2p m I Signature: Date: March 20, 2018 Matthew Mackel Director, Business Development PO Box 701273 Houston, TX 77270 April 2, 2018 Page 79 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 13 Tab 3 – Vendor Questionnaire Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services. ¨ States Covered Ø Bidder must indicate any and all states where products and services can be offered. Ø Please indicate the price co-efficient for each state if it varies. 50 States & District of Columbia (Selecting this box is equal to checking all boxes below) All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below) Alabama Maryland South Carolina Alaska Massachusetts South Dakota Arizona Michigan Tennessee Arkansas Minnesota Texas California Mississippi Utah Colorado Missouri Vermont Connecticut Montana Virginia Delaware District of Columbia Nebraska Nevada Washington West Virginia Florida New Hampshire Wisconsin Georgia New Jersey Wyoming Hawaii New Mexico Idaho New York Illinois North Carolina Indiana North Dakota Iowa Ohio Kansas Oklahoma Kentucky Oregon Louisiana Pennsylvania Maine Rhode Island American Samoa Northern Marina Islands Federated States of Micronesia Puerto Rico Guam U.S. Virgin Islands Page 80 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 14 ¨ Minority and Women Business Enterprise (MWBE) and (HUB) Participation Ø It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified. § Minority / Women Business Enterprise • Respondent Certifies that this firm is a M/WBE. § Historically Underutilized Business • Respondent Certifies that this firm is a HUB ¨ Residency Ø Responding Company’s principal place of business is in the city of Sunnyvale, State of California ¨ Felony Conviction Notice Ø Please Check Applicable Box; A publically held corporation; therefore, this reporting requirement is not applicable. Is not owned or operated by anyone who has been convicted of a felony. Is owned or operated by the following individual(s) who has/have been convicted of a felony Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be attached. ¨ Distribution Channel Ø Which best describes your company’s position in the distribution channel: Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________ ¨ Processing Information Ø Provide company contact information for the following: § Sales Reports/Accounts Payable Contact Person: Patricia Pallares Title: Director Multiple Award Contracts Company: Fortinet, Inc. Address: 899 Kifer Rd. City Sunnyvale State CA Zip 94086 Phone: (505) 962-2134 Email: ppallares@fortinet.com Page 81 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 15 § Sales/Purchase Orders Contact Person: Jeff Jennings Title: National SLED Practice Director Company: Fortinet, Inc. Address: 899 Kifer Rd. City Sunnyvale State CA Zip 94086 Phone: (661) 302-8909 Email: jjennings@fortinet.com § Marketing Contact Person: Sowjanya O’Neill Title: Senior Manager, SLED Marketing Company: Fortinet, Inc. Address: 12005 Sunrise Valley Drive, Suite 204 City Reston State VA Zip 20191 Phone: (703) 65106198 Email: soneill@fortinet.com ¨ Pricing Information Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. § If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions. Yes No Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer. Yes No Ø Vendor will provide additional discounts for purchase of a guaranteed quantity. See explanation below Yes No. Vendor may provide additional discounts (discretionary) based on considerations including, but not limited to, guaranteed quantity or order size. Page 82 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 17 Tab 4 – Vendor Profile 4.1 Company Name ¨ Company’s official registered name. The company’s official registered name is Fortinet, Inc. 4.2 Company History ¨ Brief history of your company, including the year it was established. Fortinet, Inc. is a profitable, rapidly growing US company whose core competencies are cyber threat research; cybersecurity product research and development; and the design, implementation and support of integrated cybersecurity solutions based on our extensive portfolio of proprietary products. The company, which is ISO 9001:2015 certified, was established in November 2000 to execute on the vision of our founders, Ken and Michael Xie, two engineers who have worked in the cybersecurity field since its inception. By 2000, Ken and Michael had concluded that because of the changing nature of cyberattacks, the then-current practice of using firewalls and VPNs to protect the connections between networks was obsolete. These first-generation tools, they concluded, needed to be replaced by new tools capable not only of securing network connections, but of ensuring the integrity of the content inside the connections. This led to their vision for second-generation cybersecurity tools built around: • The ability to collect and correlate cyber threat intelligence information on an unprecedented scale. To put this capability in place, Fortinet established FortiGuard Labs, an in-house cyber threat research organization (now among the largest cyber threat research organizations in the world) that collects and correlates threa t information from a global network of more than 3 million sensors. FortiGuard Labs then disseminates this information to Fortinet customers as software subscriptions that allow their Fortinet network security appliances to identify new and evolving cybersecurity threats. • A new generation of network security appliances (physical and virtual) based on a common operating system that allows security updates from FortiGuard Labs to be shared simultaneously across all Fortinet appliances in an organization’s network security environment. This means that all deployed appliances can provide a rapid, unified response to threats. The operating system, FortiOS, also allows Fortinet appliances to be managed from a central console. • The ability to perform security and networking functions at extremely high rates of speed -- so that securing a network does not mean slowing the network down. To accomplish this, Fortinet developed proprietary ASIC content processors and network processors that enhance the speed and scalability of our network security appliances. The content processors work outside a network’s direct traffic flow to provide high-speed cryptography and content inspection without impacting network speed while the network processors work with FortiOS to enhance firewall performance for IPv4, IPv6, and multicast traffic. Page 83 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 18 By 2002, Fortinet had brought the approach described above to market with the introduction of FortiGate, our line of next-generation firewalls. By the time we became a publicly traded company (NASDAQ:FTNT) in 2009, our broad line of FortiGate firewalls had earned a solid reputation in the marketplace for scalability, high security effectiveness, and unsurpassed performance. This flagship product line is the reason why Fortinet is now recognized by Gartner, Inc. as a market leader in both the unified threat management (UTM) device and the enterprise firewall markets. It is also the key reason why data from the market research firm IDC (www.idc.com) shows that Fortinet now ships more network security appliances annually than Cisco, Checkpoint, Juniper, or Palo Alto Networks (See Figure 1.) With our IPO behind us and with the steady growth of our FortiGate customer base, Fortinet began to formulate is vision for a third-generation of cybersecurity tools. As Figure 2 shows, our vision acknowledges that it is no longer enough to secure IT networks. In today’s world, our focus must be on securing IT infrastructure -- from the client to the network to the cloud to the Internet of Things. This shift has led us to expand our product portfolio to include new physical and virtual security appliances used to secure web applications, wireless networks, and email gateways. It has led also led us to introduce new products for detecting and analyzing zero-day threats and products that make it easier for organizations to manage their IT security operations and comply with applicable security policies and regulations. In expanding our product portfolio, we have stressed: (1) making it easier to share threat information not only among our own product but also with third-party products and (2) using artificial intelligence to automate many threat detection/response activities that, until now, had to be performed manually. This frees up our customers’ security experts to focus on more complex tasks and means that our customers can respond faster to cyber threats. Figure 2. Cybersecurity from Generation 1 to Generation 3: Fortinet’s Role in This Evolution The corporate evolution summarized above has made us a profitable company. We are debt-free, have annual sales of more than $1.4 billion, and have more than $1 billion in cash on hand to continue doing what we do best: innovate. Figure 1. Annual Shipments of Network Security Appliances Page 84 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 19 4.3 D&B Number ¨ Company’s Dun & Bradstreet (D&B) number. Our D&B Number is 040806445. 4.4 Organizational Chart ¨ Company’s organizational chart of those individuals that would be involved in the contract. To provide context, we are including two organizational charts in this section: in Figure 3, we show our US sales organization and in Figure 4, we show the organization of the project team that will be responsible for the successful execution of the NCPA contract. Mike Bossert, Senior Vice President for North American Sales, leads Fortinet’s Canadian and US sales organizations. As Figure 3 shows, the US sales organization encompasses four regional sales territories that cover all 50 states, the District of Colombia, and two US territories. It also includes two business units responsible for sales to the Federal government and to US telecommunications carriers and managed security service providers. Finally, it includes several sales support and overlay teams including a team focused on state/local/educational (SLED) sales. This business unit works collaboratively with our four regional sales organizations and with other Fortinet business units to ensure that Fortinet’s products and service offerings are well aligned with the needs of state, county, and municipal government agencies and with the needs of educational institutions and non-profit organizations. Figure 3. US Sales Organization Within each of the four regional sales territories shown in Figure 3, key resources are: Mike Bossert Senior Vice President North American Sales Sales Support/Overlay Teams •SLED Sales •Sales Operations •Renewals •Inside Sales •Enhanced Technologies Vice President Western US Vice President Central US Region Vice President Northeast US Vice President Southeast US Vice President Federal Sales Vice President Carrier and Service Providers •SE Leader •Field Resources •Account Managers •Engineers •Channel Managers •Field Marketing •SE Leader •Field Resources •Account Managers •Engineers •Channel Managers •Field Marketing •SE Leader •Field Resources •Account Managers •Engineers •Channel Managers •Field Marketing •SE Leader •Field Resources •Acccount Managers •Engineers •Channel Managers •Field Marketing •SE Leader •Field Resources •Account Managers •Engineers •Channel Managers •Field Marketing •SE Leader •Field Resources •Account Managers •Engineers •Channel Managers •Field Marketing Page 85 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 20 • A dedicated Sales Engineering Leader who is responsible for managing the pre-sales engineering support we provide to customers and resellers in our US Sales regions. • Field Resource Teams that cover designated territories within each region. These teams include: o Account Managers and Sales Engineers who provide sales support to customers and resellers. This includes Account Managers/Sales Engineers who are focused specifically on the SLED market. o Channel Managers who recruit and support qualified, capable resellers throughout each region. o Field Marketing Managers who provide marketing support within the region. Figure 4 shows the project team responsible for the success of the NCPA contract. As the Figure shows, Mike Bossert, the Senior Vice President for North American Sales, is the Executive Sponsor for the contract. In that capacity he has overall responsibility for our performance on the contract. He will meet with our designated NCPA Contract Manager on a regular basis to review contract status and will receive regular status reports. Our designated Contract Manager for the NCPA contract is Jeff Jennings, the Director of our SLED business unit. Jeff brings knowledge gained in past positions at two other companies where he served as the contract manager for their NCPA technology contracts. In managing this contract, he will draw on the support of our SLED Marketing Manager, who brings an in-depth understanding of the SLED market to her role; a Contract Administrator with years of experience managing/administering/using large multiple award contract vehicles; and a Sales Operations Manager who uses her knowledge of educational procurement practices to help Fortinet provide effective sales support to educational customers. We will also establish two working groups to bring insight from the field into our management team: one will include sales Account Managers who work in the SLED Market and the other will include Channel Managers responsible for recruiting and supporting resellers with experience serving the SLED market. Figure 4. NCPA Contract Management Team 4.4.1 Office Locations ¨ Corporate office location. Ø List the number of sales and services offices for states being bid in solicitation. Mike Bossert NCPA Contract Executive Sponsor S. O’Neill SLED Marketing P. Pallares Contract Administration A. M. Miller Sales Operations, SLED Regional Sales Working Group Procurement Officer Region 14 Educational Service Center Jeff Jennings NCPA Contract Manager Regional Channel Working Group Page 86 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 21 Sales: This contract, which will be available to customers in all 50 states, the District of Columbia, and in US territories, will be managed out of Fortinet’s corporate headquarters in Sunnyvale, CA. (See table below.) For sales, we will make use of an established distribution channel that includes five US-based distributors and resellers and value- added resellers in US states and territories. Our sales resources also include field-based Fortinet Sales Account Managers and Sales Engineers who provide pre-sales support to customers and resellers in their respective territories. Services: See table below: Office or Field Resource Role in Contract Corporate and Contract Management Fortinet Headquarters 899 Kifer Road Sunnyvale, California 94086 Phones: Main switchboard: 408-235-7700 Sales/Training: 866-868-3678 Technical Support: 408-542-7780 866-648-4638 Contract management Contract administration Sales management Finance and accounting Training and professional services Product development Order process management Support management Supply chain management Quality assurance Compliance Sales Field-Based Sales Teams in US States/Territories Sales account management Pre-sales engineering Technical Support Regional Technical Assistance Centers* Plano, Texas Ottowa, Ontario ON Canada Burnaby, BC Canada Product Distribution Supply Depots Fortinet maintains 35 hardware storage facilities worldwide and 200 regional equipment depots. * Fortinet uses a follow-the-sun model for technical assistance. Support will therefore be provided to NCPA customers from these North American centers during regular business hours and will roll over to TACs in other regions after hours (except in the case of contracts/purchase orders that require support from US TACs only). Ø List the names of key contacts at each with title, address, phone and e-mail address. Position Contact Information Contract Manager Jeff Jennings National SLED Practice Director Business Address: Fortinet, Inc. 899 Kifer Road, Sunnyvale CA 94086 Phone: (661) 302-8909 Email: jjennings@fortinet.com Contract Administrator Patricia Pallares Director Multiple Award Contracts Business Address: Fortinet, Inc. 899 Kifer Road, Sunnyvale CA 94086 Phone: (505) 962-2134 Email: ppallares@fortinet.com Technical Support Fortinet Technical Support Phone: 408-542-7780 Phone: 866-648-4638 Website (chat, email): https://support.fortinet.com Page 87 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 22 4.5 Standard Terms of Payment ¨ Define your standard terms of payment. Customers that use this contract will make payments directly to the awarded vendor or to the NCPA-approved distributor/partner/reseller with whom the order was placed. Payment terms are net thirty (30) days from the date of the invoice. Late fees may be charged on all amounts not paid when due at the rate of one and one half percent (1.5%) per month or the highest rate permitted by law, whichever is lower. 4.6 Key Competitors ¨ Who is your competition in the marketplace? The table below identifies key cybersecurity market segments in which Fortinet competes. It uses data from Gartner Magic Quadrant Reports and NSS Labs Security Test Reports to identify our competitors in those market segments. The Gartner Magic Quadrant Reports are based on a proprietary qualitative methodology that classifies the established companies in a market segment into four categories: “market leaders”, “challengers”, “niche players” and “visionaries”. The NSS Labs security test reports use a proprietary test and analysis methodology to measure the security effectiveness and total cost of ownership of the products network security manufacturers submit for testing. It then uses the results to assign a rating of “recommend”, “neutral”, or “caution” to each tested product. Market Segment Key Competitors Supporting Information Enterprise Firewalls Definition: Purpose -built appliances for securing enterprise networks. Able to support single-enterprise firewall deployments and large and/or complex deployments. The ability to provide virtual versions for the data center is now an expectation as is the ability to deploy in cloud environments. • Palo Alto Networks • Check Point Software Technologies These two companies, along with Fortinet, are ranked as “market leaders” in the latest Gartner, Inc. Magic Quadrant report on the Enterprise Firewall market. Unified Threat Management Devices Definition: Multifunctional network security products designed for small to medium-size organizations (100 to 1,000 employees). Typical capabilities provided include enterprise firewall, intrusion prevention, remote access, secure web/email gateway, routing and wan connectivity. • Check Point Software Technologies • Sophos These two companies, along with Fortinet, are ranked as “market leaders” in the latest Gartner, Inc. Magic Quadrant report on UTM Devices. Next-Generation Firewall Definition. Deep-packet inspection firewalls that move beyond port/protocol inspection and blocking to add application-level inspection, intrusion prevention, and to bring in intelligence from outside the firewall. • Barracuda • Checkpoint • Cisco • Forcepoint • Palo Alto • Sophos • SonicWall • WatchGuard These eight companies, along with Fortinet, received “recommend” ratings from NSS Labs in its most recent tests on Next- Generation Firewalls. Data Center Security Gateway (DCSG) Definition. DCSGs protects data center servers and the applications that run on them (i.e., web servers, mail servers, DNS servers, application servers, etc.) from potential threats. They converge data center firewall and data center intrusion prevention system technologies and perform access control and deep packet inspection to protect server applications from remote attacks. • Juniper Networks • Palo Alto Networks • Cisco These three companies, along with Fortinet, received “recommend” ratings from NSS Labs, Inc. in that organization’s first tests on firewalls used as Data Center Security Gateways. Data Center Intrusion Protection Systems (DCIPS) Definition. Data center network security devices are deployed to protect servers and applications hosted in the data center. Data center intrusion prevention systems (DCIPS) are deployed at critical points in the network. Their role is to identify and block sophisticated threats against web servers, application servers, and database servers without false positives or degradation of network performance. • Juniper Networks • McAfee • Trend Micro These three companies, along with Fortinet, received “recommend” ratings from NSS Labs, Inc. in that organization’s most recent tests on Data Center Intrusion Protection Systems. Page 88 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 23 Market Segment Key Competitors Supporting Information Breach Detection (or Advanced Threat Protection) Definition. These products provide enhanced detection of advanced malware, zero-day attacks, and targeted attacks that could bypass defenses such as next generation firewalls, intrusion prevention systems, intrusion detection systems, antivirus/endpoint protection (including host IPS), and secure web gateways. • Trend Micro • Lastline • Check Point Software Technologies These three companies, along with Fortinet, received “recommend” ratings from NSS Labs, Inc. in that organization’s most recent tests on Breach Detection Systems. NSS Labs tested products from a total of six companies in these tests. Web Application Firewalls Definition: Physical or virtual appliance to protect public and internal web applications, whether deployed on premise or remotely hosted. Should protect against a variety of attacks including injection attacks and application-layer denial of service (DoS). • F5 • Imperva • Akamai These three companies are ranked as “leaders” in the latest Gartner Magic Quadrant report on Web Application Firewalls. Fortinet is ranked as the “challenger” closest to moving into the “leader” quadrant. Wired and Wireless LAN Access Infrastructure Definition: This market segment consists of vendors supplying wired and wireless networking hardware and software that enables devices to connect to the enterprise wired LAN or Wi-Fi network. • Riverbed • Dell EMC • Juniper Networks • New H3C These four companies, along with Fortinet are the five top-ranked “niche players” in the latest Gartner Magic Quadrant for Wired and Wireless LAN Access Infrastructure. Advanced Endpoint Protection (AEP) Definition: AEP products protect endpoints from a multitude of attack threat vectors targeting a very dynamic enterprise class endpoint attack surface. They should also be resistant to evasion techniques and provide low false positive results. • Sentinel One • Invinces • McAfee • Symantec • Cylance • Trend Micro • ESET • Kapersky These eight companies, along with Fortinet, received “recommend” ratings from NSS Labs, Inc. in that organization’s most recent tests on Advanced Endpoint Protection. NSS Labs tested products from a total of 13 companies in these tests. Page 89 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 24 4.8 Fortinet Competitive Advantages ¨ What differentiates your company from competitors? The three attributes described below distinguish us from our competitors. 4.8.1 Our Corporate Strength and Stability When it comes to the cybersecurity industry – an industry that includes hundreds of new startups and has frequent mergers/acquisitions – Fortinet stands out as a stable, reliable partner for NCPA. We are a 17-year-old US company whose founders, Ken and Michael Xie, continue to serve as our company’s Chief Executive Officer and our Chief Technology Officer. Under their leadership we have become a profitable, debt-free cybersecurity company with more than 5,000 employees worldwide, annual sales of more than $1.4 billion, and ample cash on hand to invest in our products and our people. These three metrics underscore the corporate strength that makes Fortinet a viable long-term partner for NCPA: • Innovation. As of February 2018, Fortinet has 441 issued patents. This is three to eight times more than the number of patents held by the companies we identified in Section 4.6 as competitors in these key markets: enterprise firewalls and UTM devices. • Growth. The Fortune Future 50 is an industry ranking introduced by Fortune in 2017 that ranks the US public companies with the best prospects for breakout growth in the future. Not surprisingly given the importance that organizations place on protecting their IT infrastructure and data, there are three cybersecurity companies on this list. Fortinet is one of them. • Technology Adoption. In Figure 1, we showed the number of network security appliances shipped by Fortinet and by four other leading suppliers of firewalls from 2011 through 2016. The trend line shows that Fortinet now ships more than twice as many appliances as two of the companies shown in Figure 1 and more than six times as many as the other two companies shown in the figure. 4.8.2 Our Ability to Execute on our Vision In Section 4.2, we described Fortinet’s vision for the evolution of the cybersecurity industry, which has moved from protecting network connections to protecting the content inside of network connections to protecting IT infrastructure. Explained simply, moving from the second generation of cybersecurity to the third means replacing point cybersecurity products that do not communicate with one another within an organization’s IT infrastructure with an integrated security fabric in which every cybersecurity product deployed receives and acts on the same information in real time. If there is one fundamental attribute that distinguishes Fortinet from our competitors, it is that Fortinet has made this leap; others in the industry have not. The solution we sell that embodies this leap is the Fortinet Security Fabric. The Security Fabric, which is illustrated in Figure 5, acknowledges that in today’s IT environment, an organization’s network is not secure unless its entire IT infrastructure is secure – including cloud resources, web applications, email, network access points, endpoints, and IOT devices. It is built around Fortinet products which, because they are based on the same powerful, purpose-built security operating system, can receive, correlate, and automatically act in real-time and in a coordinated fashion on threat information provided around the clock by FortiGuard Labs (discussed in Section 4.8.3). By leveraging open standards and APIs, third-party products from many leading manufacturers and software publishers can also be integrated into Fortinet Security Fabric solutions. If we are awarded an NCPA IT Security and Data Protection Solutions contract, agencies and educational institutions will be able to acquire our Security Fabric products at discounted prices. This includes physical and virtual products used for network security, management and analytics, multi-cloud security, web application security, email security, advanced threat protection, secure unified access (wired and wireless), and endpoint security. Page 90 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 25 Figure 5. The Fortinet Security Fabric: The Third Generation of Cybersecurity 4.8.3 Our Threat Research Capabilities FortiGuard Labs is Fortinet’s in- house applied threat research organization. With a staff composed of security threat researchers, engineers, and forensic specialists who scour the cyber landscape to discover emerging threats and develop effective countermeasures, FortiGuard Labs is the reason why Fortinet has been credited with 534 zero-day threat discoveries to date – including 21 discovered so far this year. FortiGuard Labs uses human analysis, analytics and machine learning to turn the threat information it collects directly or through threat intelligence sharing into near real-time updates to our FortiGuard Security Subscription Services (Figure 6) which it makes available to subscribers on a 24 x 7 basis. These subscriptions are a key component of our offer to NCPA. Figure 6. FortiGuard Security Subscriptions Page 91 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 26 4.9 How We Will Market Our NCPA Contract ¨ Describe how your company will market this contract if awarded. Fortinet understands that an effective marketing plan is crucial to our success as an NCPA contract holder. This is reflected in our decision to designate Jeff Jennings as our Contract Manager for this effort and to include Sowjanya O’Neill as part of the NCPA Contract team. As noted previously, Jeff has successfully managed NCPA contracts in the past and Sowjanya, who is Fortinet’s Senior Manager for SLED Marketing, is ideally positioned to integrate our NCPA contract marketing objectives into our overall SLED marketing plan. She also brings extensive experience developing and executing go-to-market strategies for technology companies. Under her direction, we will implement a marketing approach that will include: • Social media promotion via LinkedIn, FaceBook and Twitter • Collaboration with NCPA’s marketing team, with an emphasis on identifying opportunities for co-branding • Deploying a dedicated contract website • Providing training on the NCPA contract to Field Marketing Managers • Integrating information on the NCPA contract into existing SLED marketing campaigns • The creation of marketing collateral targeting agencies eligible to use the NCPA contracts • Webinars for agencies eligible to use the NCPA contracts • The creation of marketing collateral for authorized resellers • Outreach and training for authorized resellers that sell to SLED customers • Webinars targeting resellers interesting in becoming authorized resellers on the contract • Collaboration with our resellers’ marketing teams • Trade shows and industry events 4.10 How We Will Introduce NCPA to Our Company ¨ Describe how you intend to introduce NCPA to your company. Our Contract Manager will take the lead on introducing the NCPA contract to Fortinet Sales Account Managers responsible for sales to the SLED market. He will also introduce the contract to Channel Managers responsible for recruiting and supporting resellers who serve this market. Our Contract Administrator will work closely with Jeff to ensure that our Sales Account Managers understand the contract terms and conditions. At contract award, we will use group conference calls and training webinars to reach these two internal audiences. We will also implement processes to monitor whether field teams are leveraging the NCPA contract and will provide follow-up training as needed. Finally, we will integrate information on using the NCPA contract into our training for new Sales Account Managers responsible for SLED sales and for new Channel Managers and Marketing Managers in the field. 4.11 On-line Catalog / Ordering Website ¨ Describe your firm’s capabilities and functionality of your on-line catalog / ordering website. Because Fortinet uses a channel model for sales, we do not have, nor do we intend to implement, and ordering website for the NCPA contract. What we do provide is a website ( www.fortinet.com) that SLED customers can use to find detailed information on our products and services and to access technical support. As indicated in Section 4.9, we intend to add dedicated site for the NCPA contract to this website. We will use this site to provide information on how to use our NCPA contract to organizations interested in using the contract and to help them connect with qualified, capable authorized resellers who serve their geographic market. Page 92 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 27 4.12 Customer Support Services ¨ Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.) To provide effective support to a customer base that spans the globe, Fortinet has made it a priority to build a best-in- class global infrastructure for technical assistance and warranty/maintenance support. This infrastructure features three global Centers of Expertise (COE) supplemented by regional Technical Assistance Centers (TACs). It also includes 35 hardware storage facilities worldwide and 200 regional depots. This infrastructure provides the foundation for FortiCare Services, the program through which we will provide support for products covered by warranty and, thereafter, maintenance support for products covered by a FortiCare maintenance plan. The subsections below describe these services as they relate to the State’s requirement for hardware and software maintenance. 4.12.1 Hardware Maintenance Our price list includes line items that will allow NCPA contract users to purchase FortiCare Services for hardware appliances in one-, three-, and five-year increments. It also includes “bundles” that allow hardware, applicable FortiGuard security software subscriptions, and FortiCare services to be purchased together at a reduced price. Whether purchased separately or as part of a “bundle”, an NCPA customer will be able to choose the hardware support plan that meets its needs from these options: • FortiCare 8x5 Service. Provides access to technical support via Fortinet’s support portal, online chat system, and telephone during regular work hours. This plan also includes return and replace services for hardware failures. • FortiCare 24x7 Service. Provides access to technical support via the methods described above a 365x24x7 basis. This plan also includes an advanced replacement service for hardware failures. • FortiCare 360° Service. Provides the services included in the FortiCare 24x7 package, plus a recurring health check for customers with FortiGate and/or FortiWiFi appliances. As part of the service, Fortinet proactively performs device environmental and performance audits for the contracted appliances. Based on the audit results, we provide recommendations to help customers avoid unplanned service disruptions or issues that could degrade performance. For many products, Fortinet also provides the option to purchase Premium RMA Service. The available options with this service are: • Next-day Delivery: Parts delivered the day following RMA approval by Fortinet support. • 4-Hour Courier: Parts delivered on-site 24 hours a day, 7 days a week within 4 hours of RMA approval by Fortinet support (where available). • 4-Hour On-site Engineer: Parts delivered on-site with an engineer, 24 hours a day, 7 days a week within 4 hours of RMA approval by Fortinet support (where available). • Secure RMA Services: This service allows for non-return of an appliance for those customers with strict rules and requirements for physical data protection. Page 93 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 28 4.12.2 Software Maintenance Our price list includes perpetual licenses for a wide range of virtual appliances. We offer FortiCare Services packages (8 x 5 or 24 x 7) for these products in one-, three-, and five-year increments. These plans encompass technical support services for software products covered by an active warranty or maintenance plan. This support is available telephonically as well as through our web portal or by chat. Software error correction and software update services are also included. Our price list also includes the FortiGuard security software subscriptions discussed previously in Section 4.8.3. FortiGuard Labs issues updates for these software applications on a continuous basis as new cybersecurity threats are identified. We make use of a global network of FortiGuard Distribution Servers (FDS) to distribute these software updates to registered Fortinet devices in the field. The FDS supports: • User-initiated updates • Hourly, daily, or weekly scheduled antivirus definition, IPS definition, and antispam rule set updates from the FDN • Push updates 4.12.3 Premium Support Services In addition to the support services outlined above, Fortinet has included the following premium support services in our proposal as value-added services: • Premium – Enterprise. This is an annual service plan that provides fast-track access to an advanced services team. It also includes training and certification, a customized account plan, and pro-active after-hours support. • Business – Enterprise. This is an annual service plan that includes a designated engineer who will become familiar the customer’s environment and assist in regular ticket reviews. It also includes bi-annual and root- cause analysis reporting. • First – Enterprise. This annual plan includes a designated lead engineer, aka technical account manager (TAM), who collaborates with the customer to build and maintain a long-term technical engagement, providing technical support, operational reviews and quarterly reporting. The service also includes best practice guidance, upgrade assistance, extended software support to facilitate upgrade planning, and advanced notifications. 4.13 Green Initiatives ¨ Green Initiatives Ø As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative. Fortinet is committed to environmentally responsible behavior. We have processes in place to ensure that our products reduce impact to the environment and are in compliance with applicable laws and regulations in the jurisdictions where we conduct business. Ongoing initiatives of note include: • A program to curb the use of hazardous substances in equipment sold in the European Union, • The introduction of recycling support for equipment sold in the European Union. Page 94 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 29 4.14 Vendor Certifications ¨ Vendor Certifications (if applicable) Ø Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service. Fortinet does not have federal, state, or local certifications covering services. However, we wish to make you aware of the following certifications: • ISO 9001:2015, Quality Management System. The scope of this certificate covers the design, development, and manufacture of Network Security Products and the Delivery of Associated Security Services and Support. (A copy of our certificate is provided in Attachment 4.) • Our price list includes selected products that are certified for compliance under the US National Information Assurance Program Common Criteria Evaluation and Validation Sch eme (CCEVS). • Our price list includes selected products certified by the National Institute of Standards and Technology for compliance with FIPS 140-2, Security Requirements for Cryptographic Modules. Page 95 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 30 Tab 5 – Products and Services ¨ Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs. The following is a list of suggested (but not limited to) IT Security and Data Protection Solutions categories. List all categories along with manufacturer that you are responding with: Ø Content Filtering Ø Anti-Virus / Anti-Spam Ø Network Forensics / Real – Time Monitoring Ø Network Access Control Ø Firewalls Ø Network Storage / Archiving Ø Wireless Networks Ø Bandwidth Management Ø Networking Hardware Ø Application Security Ø Email Security and Archiving Ø Data Protection § Backup § Cloud Backup We have edited the list above to show the suggested capabilities that are addressed by hardware or software products included in our price list. Described at a high level, our price list includes: • Physical and virtual cybersecurity appliances (hardware appliances and perpetual software licenses) that provide functional capabilities in these areas: o Network Security o Cloud Security o Web Application Security o Email Security o Advanced Threat Protection o Secure Unified Access o Endpoint Security o Management and Analytics • FortiGuard Security Subscriptions (term software licenses) for: o Application control o Intrusion prevention o Antivirus o Sandboxing Page 96 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 31 o IP reputation and anti-botnet o Web filtering o Web application security o Credential stuffing defense o Database security o Virus outbreak protection o Content disarm and reconstruction o Security rating • Hardware and software maintenance plans (as described in Section 4.12) o 8 x 5 support o 24 x 7 support o 360o support (24 x 7 support with proactive monitoring and health checks) o Premium support services • Professional Services o Remote engineering support o Onsite engineering support • Training o Onsite courses o Self-paced courses o Instructor-led virtual courses • Value-Added Products (See Tab 8) Page 97 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 34 Tab 8 – Value Added Products and Services ¨ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities. Fortinet’s goal if awarded a contract under the new NCPA IT Security and Data Protection Solutions program is to establish a productive, mutually beneficial partnership with the Region ESC and NCPA that benefits NCPA’s participating entities. To accomplish this, we have elected to include our entire commercial price list in this offer (with the exception of certain legacy products from our acquisition of Meru Networks in 2015). Given the nature of our business, most of the products and services that we offer fall squarely within the scope of this offer. However, our decision to include are full price list means that NCPA participating entities will also be able to acquire products from our FortiVoice product line (IP PBX phone systems for business) and FortiCamera/FortiRecorder (our network- based video security solution. Based on the evaluation criteria included in the RFP, it is clear that for the Region 14 ESC and NCPA, providing good value to NCPA contract stakeholders also means demonstrating a commitment to effective support in these areas: • Marketing. To ensure we meet NCPA’s expectations for providing effective marketing support, we have included a senior-level marketing resource on our contract team for this contract. In Section 4.4, we outlines some of the strategies she will use to ensure that NCPA stakeholders are aware of our contract and know how to leverage it to obtain our best-of-breed cybersecurity products/solutions at competitive prices. • Increasing the presence of MWBEs and HUBs in the NCPA contracting program. Fortinet intends to allow authorized resellers to use our contract and has strong program in place for recruiting and supporting our channel partners. This puts us in a strong position to create opportunities for MWBEs and HUBs as authorized resellers. • Customer Service. See Section 4.12 for our description of our comprehensive customer support program. This is the same customer support program that US Federal agencies and some of the world’s largest financial institutions and telecommunications carriers rely on to provide support for their Fortinet Network Security and Security Fabric solutions. Page 98 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 35 Tab 9 – Required Documents ¨ Clean Air and Water Act / Debarment Notice ¨ Contractors Requirements ¨ Antitrust Certification Statements ¨ FEMA Standard Terms and Conditions Addendum for Contracts and Grants ¨ Required Clauses for Federal Assistance by FTA ¨ State Notice Addendum Page 99 of 390 RFP 02-18 , IT Sec urity and Data Protec tion Solutions Clean Air and Water Act & Debarment Notice I, the Vendor, am in compli a n ce with all app licabl e standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended ( 42 U.S. C. 1857 (h), Section 5 08 of the Clean Water Act, as amended (33 U.S.C. 1 368), Executive Order 117389 a nd Environmental Protection Agency Regulatio n, 40 CFR Part 15 as required under OMB Circular A-102, Attachment 0, Paragraph 14 (1) r egarding r eporting violations t o the g r antor agency a nd to the United States En vi ronment Protection Agency Assistant Ad minis t rator for t he Enforcement. I hereby furth er certify that my company has not b een debarred, suspended or otherwise ineligibl e for participation in Federal Assistance programs under Executive Orde r 12549, "Debarment and Suspension", as described in the Fed eral Regis ter and Rules a nd Regulations Potential Vendor Fortinet, Inc. Print Name John Whittle Address 899 Kifer Road City, Sa t e, Zip Sunnyvale, CA 94086 Authorized signa ture Date I March 20, 2018 Page 100 of 390 F 5:5 RTinET: RFP 02-18, IT Security and Data Protection Solutions Contractor Requirements Contractor Certification Contractor's Employment Eligibility By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immi gration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in. Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws. Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and s uspension andjor debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contract~r. The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with theE-Verify Employee Eligibility Verification Program. Contractor shall comp ly with governing board policy of the NCPA Participating entities in which work is being performed Fingerprint & Bach:ground Checi{S If required to provide services on school district property at least five (5) times during a month, contractor s ha ll submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employe es shall not provide servic es on school district properties until authorized by the District. The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is b eing performed unless otherwise exempted. Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed Business Operations in Sudan, Iran In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutini zed business operations in Sudan and/ or Iran. Authorized signature Date March 20, 2018 Page 101 of 390 F S:5 RTinET: RFP 02-18, IT Security and Data Protection Solutions Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under p e nalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this contract on my own behal f or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provis i on of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and ( 4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual e ngaged in the same line of business as the Company. Company name Fortinet, Inc. Address 899 Kifer Road City /State/Zip Sunnyvale, CA 94086 Telephone No. (408) 235-7700 Fax No . ( 408) 212-9290 Email a ddress jwhittle@fortin etcom Printed name John Whittle Pos ition with company Vice President, General Co unsel Authorized signatur r= March 20, 201 8 Page 102 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 39 FEMA Standard Terms and Conditions Addendum for Contracts and Grants If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management Agency (“FEMA”) grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 (“44 CFR 13”). In addition, Contractor agrees to the following specific provisions: 1) Pursuant to 44 CFR 13.36(i)(1), University is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor’s compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43. 2) Pursuant to 44 CFR 13.36(i)(2), University may terminate the Master Agreement for cause or convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44. 3) Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws: a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60); b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3); c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 30) as supplemented by DOL regulations (29 CFR Part 5); e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation play issued in compliance with the Energy Policy and Conservation Act (Pub. L.94-163, 89 Stat. 871). 4) Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41. 5) Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions 72 regarding patents: a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the participating agency and be disposed of in accordance with the participating agencies policy. The participating agency, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries. 6) Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights: a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes: 1) The copyright in any work developed under a grant or contract; and 2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support. 7) Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as the participating agency deems necessary, Contractor shall permit participating agency, FEMA, the Comptroller General of United States, or any of their duly authorized Page 103 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 40 representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions. 8) Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or participating agency makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42. Page 104 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 41 Required Clauses for Federal Assistance provided by FTA ACCESS TO RECORDS AND REPORTS Contractor agrees to: a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11). CIVIL RIGHTS / TITLE VI REQUIREMENTS 1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract: a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Page 105 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 42 Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin. 4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non- discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part. Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. DISADVANTAGED BUSINESS PARTICIPATION This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances . Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall Page 106 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 43 carry out all applicablerequirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)). 2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract. ENERGY CONSERVATION REQUIREMENTS Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be in violation of the FTA terms and conditions. Page 107 of 390 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 44 NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate. Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate. Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Page 108 of 390 A B C A+B+C D E D+E A+B+C-D-E New Project Fund Bal. Budget World G/L Start Project Carry Fwd. 2018 BUDGET Amend REVISED 2018 2018 TOTAL APPROP. Project Task Division PROJECT Year End Date 12/31/2017 Approp. Amendments Notes BUDGET EXPEND. ENCUMB.EXP. AND ENC. BALANCE MUNICIPAL COURT 31 0401 001 0401 Audio/Video System Upgrade 2007 50,000.00 50,000.00 - - 50,000.00 31 0401 002 0401 Furniture 2017 1,856.78 1,856.78 - 1,856.78 SUBTOTAL 51,856.78 - - 51,856.78 - - - 51,856.78 INFO TECH 31 0701 001 0703 Network Development 2001 Ongoing 279,325.60 21,213.87 300,539.47 187,638.94 10,223.11 197,862.05 102,677.42 31 0701 002 0703 Telecommunication Systems 2001 Ongoing 79,977.11 25,000.00 104,977.11 9,381.73 9,381.73 95,595.38 31 0701 003 0703 Fin & HR Systems - Lic/Upgrades/Hardware 2001 Ongoing 45,471.88 45,471.88 11,724.36 318.19 12,042.55 33,429.33 31 0701 004 0703 Fin & HR Systems - Fin-Tax Collect & Licensing 2001 Ongoing 37,252.20 37,252.20 29,279.58 29,279.58 7,972.62 31 0701 005 0703 Court System 2001 Ongoing 60,351.28 175,000.00 235,351.28 - 235,351.28 31 0701 006 0703 Permit Tracking System 2001 Ongoing 111,723.73 111,723.73 3,781.00 3,781.00 107,942.73 31 0701 007 0703 Departmental PC Replacement 2001 Ongoing 85,190.22 45,000.00 130,190.22 42,810.33 9,606.83 52,417.16 77,773.06 31 0701 008 0703 Security Cameras 2014 Ongoing 85,503.08 25,000.00 110,503.08 1,342.99 164.93 1,507.92 108,995.16 31 0701 009 0703 ERP System 2016 282,149.50 282,149.50 52,159.85 94,428.04 146,587.89 135,561.61 31 0701 011 0703 Disaster Recovery System 2018 150,000.00 150,000.00 118,130.85 118,130.85 31,869.15 31 0701 012 0703 Audio Video Upgrades 2017 95,327.17 95,327.17 6,196.37 6,196.37 89,130.80 31 0701 013 0703 Library/Recreation System Upgrades 2017 48,479.17 48,479.17 14,268.00 14,268.00 34,211.17 31 0701 014 0703 Patrol Car MDT's 2017 29,328.66 (22.06) Close to FB 29,306.60 29,306.60 29,306.60 - 31 0701 015 0703 Tyler Content Manager Document Management 2017 37,818.75 37,818.75 7,443.75 14,358.05 21,801.80 16,016.95 31 0701 016 0703 GIS Enterprise License 2018 23,333.00 23,333.00 23,333.00 23,333.00 - 31 0701 017 0703 Software Maintenance - General 2018 - 142,500.00 142,500.00 100,465.08 100,465.08 42,034.92 SUBTOTAL 1,427,898.35 435,833.00 21,191.81 1,884,923.16 633,481.43 132,880.15 766,361.58 1,118,561.58 PUBLIC WORKS 31 1005 001 1005 Facilities and Operations 2017 In Process 279,884.12 440,000.00 719,884.12 32,070.12 32,070.12 687,814.00 31 1005 004 1005 ERC Restroom Remodel 2017 Fall 2017 Fall 55,000.00 55,000.00 - 55,000.00 31 1005 006 1005 Civic Center Bathrooms 2017 TBD 20,000.00 20,000.00 - 20,000.00 31 1005 007 1005 Civic Center HVAC Upgrades 2017 TBD 85,000.00 85,000.00 - 85,000.00 31 1005 008 1005 Civic Center Bldg Envelope and Seams 2017 Planning 50,000.00 50,000.00 10,000.00 10,000.00 40,000.00 31 1005 009 1005 Security - Civic Center and Rec Center 2017 194,003.86 194,003.86 26,816.31 59,813.60 86,629.91 107,373.95 31 1005 010 1005 Civic Center Roof Coating 2018 - 500,000.00 500,000.00 - 500,000.00 31 1005 011 1005 Civic Center Freight Elevator 2018 - 150,000.00 150,000.00 - 150,000.00 31 1005 012 1005 ERC Flat Roof Replacement 2018 - 350,000.00 350,000.00 - 350,000.00 SUBTOTAL 683,887.98 1,440,000.00 - 2,123,887.98 68,886.43 59,813.60 128,700.03 1,995,187.95 POLICE 31 1101 001 1101 Computer Assist Dispatch/MIS Sys 2000 Ongoing 10,000.00 10,000.00 9,747.50 9,747.50 252.50 31 1101 002 1101 Radio CERF 1996 Ongoing 3,485.01 20,000.00 23,485.01 4,230.00 4,230.00 19,255.01 SUBTOTAL 13,485.01 20,000.00 - 33,485.01 13,977.50 - 13,977.50 19,507.51 CAPITAL PROJECTS FUND (MYCP) PROJECT STATUS AND FUND BALANCE REPORT September 30, 2018 FYC 18 NEW.xlsx 2:06 PM 10/19/2018 Page 109 of 390 A B C A+B+C D E D+E A+B+C-D-E New Project Fund Bal. Budget World G/L Start Project Carry Fwd. 2018 BUDGET Amend REVISED 2018 2018 TOTAL APPROP. Project Task Division PROJECT Year End Date 12/31/2017 Approp. Amendments Notes BUDGET EXPEND. ENCUMB.EXP. AND ENC. BALANCE CAPITAL PROJECTS FUND (MYCP) PROJECT STATUS AND FUND BALANCE REPORT September 30, 2018 RECREATION 31 1301 001 1301 Art in Public Places (1%) 1999 Ongoing 50,124.93 20,000.00 70,124.93 7,230.00 7,230.00 62,894.93 31 1301 002 1301 Skidloader 2017 35,000.00 (3,479.00) Close to FB 31,521.00 29,242.48 29,242.48 2,278.52 31 1301 003 1301 Emerald Ash Borer Mitigation 2018 50,000.00 50,000.00 - 50,000.00 SUBTOTAL 85,124.93 70,000.00 (3,479.00) 151,645.93 36,472.48 - 36,472.48 115,173.45 TOTALS 2,262,253.05 1,965,833.00 17,712.81 4,245,798.86 752,817.84 192,693.75 945,511.59 3,300,287.27 Actual Estimate Balance Distribution:Transfer from Utilities 2018 45,000.00$ 45,000.00$ M. Brocklander, IT B. Power, CD Transfer from PIF 1,667,052.00 1,667,052.00 - J. Collins, Police J. Sanchez, Police Transfer from Housing Rehab 500,000.00 500,000.00 - K. Engels, Finance J. Solomon, Library Can Solar Array 701.17 701.17 - D. Hargrove, Library B. Spada, Recreation Insurance Reimb - Ransomeware 22,713.87 22,713.87 - E. Keck, CMO J. Traudt, Muni Ct Interest 33,539.84 37,500.00 3,960.16 D. Lee, Recreation P. Weller, Public Works Total revenues 2,224,006.88 2,272,967.04 48,960.16 D. Long, Public Works T. Wolfe, Muni Ct E. McKee, IT Exp./Enc. Y-T-D 945,511.59 4,245,798.86 L. Nimmo, Public Works Net Income 1,278,495.29 (1,972,831.82) J. Nolan, Revenue FUND BALANCE (1/1/18)2,545,843.56 2,545,843.56 FUND BALANCE 09/30/18 3,824,338.85 573,011.74 Plus: Remaining Revenues 48,960.16 Less: Project Approp. Bal. (3,300,287.27) Less: Proj. Bal. adj. for Neg. (0.00) (0.00) UNAPPROP. FUND BAL. 573,011.74$ 573,011.74$ Revenues YTD: FYC 18 NEW.xlsx 2:06 PM 10/19/2018 Page 110 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Nancy Wenig DEPARTMENT: Police DATE: November 19, 2018 SUBJECT: CB 42 - VOCA Grant DESCRIPTION: CB 42 - VOCA Grant RECOMMENDATION: The Police Department requests that Council approve this Bill for an Ordinance authorizing the acceptance of the Victims of Crime Act (VOCA) Grant, which would fund a Part-Time Victim Advocate. PREVIOUS COUNCIL ACTION: Englewood City Council authorized the Englewood Police Department to apply for funding under the CVS Grants Program to be used for funding a part time Victim Advocate by the passage of Resolution No. 13, Series of 2018 SUMMARY: Englewood Victim Assistance provides direct services to victims of crime and traumatic events. Advocates respond to assist victims with their emotional and physical needs, aid in the criminal justice process, and provide referrals to community agencies to help bridge the gap and allow recovery from crime. Advocates implement Rights afforded to crime victims pursuant to section 24-4.1-302.5 of the Colorado Revised Statutes. The Police Department has historically employed two full-time Advocates to meet this need. One Advocate works in the Municipal Court to provide services to victims of domestic violence. That position utilizes Victims in Law Enforcement (VALE) Grant funding for approximately 30% of the salary. Over the past several years, Victim Assistance has experienced a decline in our volunteer force, an increased call load, and an increase in felonious assaults. Due to these factors, we require more staffing to meet the need of the community and to remain compliant with the Victim Rights Act. The acceptance of the VOCA Grant would allow the hiring of a part-time Advocate to meet the needs of the community. The part-time Advocate would work some nights and weekends to provide professional and compassionate Advocacy in the place of some volunteer hours. FINANCIAL IMPLICATIONS: The City would receive funding in the amount of $47,850.00 for the two-year salary a part-time Victim Advocate. The Grant will also provide $3000.00 for conference registration for two Advocates to attend the Colorado Organization for Victim Assistance (COVA) Conference for two years. As part of the requirement for the Grant, the Police Department will need to provide an In-Kind match in the amount of $12,713.00, which will be met with on-call volunteer hours valued at $10.00 per hour. Englewood's share has been budgeted under the volunteer pay Page 111 of 390 hours. The City would pay the salary and then get reimbursed by VOCA through Electronic Funds Transfer. ATTACHMENTS: Council Bill 42 Page 112 of 390 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 42 SERIES 2018 INTRODUCED BY COUNCIL MEMBER ___________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR AN APPLICATION FOR A CRIME VICTIM ASSISTANCE SERVICES (CVS) GRANT FROM THE COLORADO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE FOR A PART TIME VICTIM ADVOCATE WHEREAS, the Englewood City Council, authorized the Englewood Police Department to apply for funding under the CVS Grants Program to be used for funding a part time Victim Advocate by the passage of Resolution No. 13, Series of 2018; WHEREAS, the Englewood Police Department has received a Grant Award Letter from the Colorado Department of Public Safety WHEREAS, the Colorado Department of Public Safety, Division of Criminal Justice provides grant program funds that provide crime victim services; WHEREAS, the grant funds assist local law enforcement agencies to provide grand funded victim advocate personnel; WHEREAS, over the last several years the Englewood Police Department has seen an increase in the call for services, which translates to an increase need for services to victims of crime; WHEREAS, with the increase in crime victim services, the Englewood Police Department has experienced a decrease in the number of volunteer crime victim advocates; WHEREAS, the grant funds will assist the Englewood Police Department in hiring a part-time victim advocate, for the next two years; WHEREAS, the staff seeks Council approval of an Ordinance authorizing an intergovernmental agreement to accept a 2018 CVS grant in the amount of $50,850.00, with a City of Englewood matching contribution of $12,713.00 for the period of January 1, 2019 to December 31, 2020. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the intergovernmental agreement for and acceptance of the CVS Grant, a copy of which is marked as “Exhibit A” and attached hereto. Section 2. The Mayor is hereby authorized to sign said CVS Grant and accompanying intergovernmental agreement on behalf of the City of Englewood. Page 113 of 390 Section 3. The funds for the CVS grant come from Federal funds awarded to the State by the United States Department of Justice, Office of Justice Programs, Office for Victims of Crime, Victims of Crimes Act (VOCA). Introduced, read in full, and passed on first reading on the 19th day of November, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of November 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of November, 2018 for thirty (30) days. Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for Ordinance introduced, read in full, and passed on first reading on the 19th day of November, 2018. Stephanie Carlile Page 114 of 390 EXHIBIT E - BUDGET and BUDGET NARRATIVE (Please do not enter any information in these two summary grids - they will automatically calculate from the next three tabs within this worksheet) Total 2 Year Budget Summary Grant Funds Cash Match In-Kind Match 2 Year Project Total Personnel $47,850 $0 $12,713 $60,563 Supplies & Operating $2,400 $0 $0 $2,400 Travel $600 $0 $0 $600 Equipment $0 $0 $0 $0 Consultants / Contracts $0 $0 $0 $0 Indirect Costs $0 $0 GRAND TOTAL 2 Year Budget $50,850 $0 $12,713 $63,563 Personnel Summary Total Personnel Annual Budget Year 1 (CY19) Total to be Paid by Grant Year 1 (CY19) % Paid by Grant (CY19) Annual Budget Year 2 (CY20) Total to be Paid by Grant Year 2 (CY20) % Paid by Grant (CY20) Total to be Paid by Grant for 2 years Position # 1 $23,925 $23,925 100%$23,925 $23,925 100%$47,850 Position # 2 $0 $0 #DIV/0!$0 $0 #DIV/0!$0 Total Personnel $23,925 $23,925 100%$23,925 $23,925 100%$47,850 Englewood Police Department Project Title: ________Victim Advocate_______________________________________________________ Year 1 Year 2 Total Match $12,713 $0 $0 $0 $0 $12,713 Summary Tab Page 115 of 390 EXHIBIT B2 - BUDGET and BUDGET NARRATIVE Two-Year Project Budget Position # 1 Annual Budget Year 1 (CY19) % Paid by Grant (CY19) Total to be Paid by Grant for 1st year Annual Budget Year 2 (CY20) % Paid by Grant (CY20) Total to be Paid by Grant for 2nd year Total to be Paid by Grant for 2 years To be determined 23,925 100%$23,925 23,925 100 $23,925 47,850 Title Victim Advocate Salary $23,925 100%$23,925 $23,925 100%$23,925 $47,850 Fringe/Benefits $0 0%$0 $0 0%$0 $0 TOTAL $23,925 100%$23,925 $23,925 100%$23,925 $47,850 Hours per week position works for agency:20 $47,850 Position # 2 Annual Budget Year 1 (CY19) % Paid by Grant (CY19) Total to be Paid by Grant for 1st year Annual Budget Year 2 (CY20) % Paid by Grant (CY20) Total to be Paid by Grant for 2nd year Total to be Paid by Grant for 2 years Name: Title Salary $0 0%$0 $0 0%$0 $0 Fringe/Benefits $0 0%$0 $0 0%$0 $0 TOTAL $0 0%$0 $0 0%$0 $0 Hours per week position works for agency:0 $0 PERSONNEL Type Position #2 budget narrative & justification below: Type Position #1 budget narrative & justification below: Total Grant $ Position #2 Total Grant $ Position #1 The Part-Time Victim Advocate will work 20 hours per week. Anticipated shifts are swing shift weekends and one week day shift. This request is for salary. Salary request for two years of $47,850.00, which will be met with in-kind volunteer hours valued at $10 per hour. Personnel Tab Page 116 of 390 EXHIBIT B2 - BUDGET and BUDGET NARRATIVE Two-Year Project Budget Supplies & Operating Item Total to be Paid by Grant Funds Conference registration for the COVA conference for three Advocates $2,400 $2,400 Travel Item Total to be Paid by Grant Funds 2-Yr. Budget for All other Budget Categories (Supplies & Operating / Travel / Equipment / Consultants-Contracts / Indirect Cost) Item Calculations Conference registration $400 x 3 advocates = $1,200 x 2 years = $2,400 Item Calculations TOTAL Supplies & Operating: Supplies & Operating Budget Narrative/Justification below: All other Budget Categories Tab Page 117 of 390 EXHIBIT B2 - BUDGET and BUDGET NARRATIVE Two-Year Project Budget Lodging for the COVA Conference $600 $0 $0 $0 $600 Equipment Item Total to be Paid by Grant Funds $0 $0 $0 $0 Consultants / Contracts Item Total to be Paid by Grant Funds $0 $0 $0 $0 $0 $0 Indirect Costs Total to be Paid by Grant Funds $0 Item Calculations Consultant/Contractor Calculations Total Travel: List the % of the approved federal negotiated indirect rate or 10% de minimus indirect rate details Three nights each year at $300 x 2 years = $600 Travel Budget Narrative/Justification Below: Total Equipment: Equipment Budget Narrative/Justification Below: Colorado Organization for Victim Assistance hosts an annual conference that will help the two full time and one part time Advocates network and provide best practices. Indirect Costs Budget Narrative/Justification below: TOTAL Consultants / Contracts: Consultants / Contracts Budget Narrative/Justification below: All other Budget Categories Tab Page 118 of 390 EXHIBIT B2 - BUDGET and BUDGET NARRATIVE PERSONNEL MATCH (Employees / volunteers of the applicant agency) Employee / Volunteer / Job Title CASH MATCH IN-KIND MATCH TOTAL MATCH Victim Advocate Volunteers 1,271.30 hours x $10/hour = $12,713 $0 $12,713 $12,713 $0 $0 $0 $0 $0 $0 $0 $0 $0 Fringe/Benefits $0 $0 $0 Subtotal $0 $12,713 $12,713 SUPPLIES and OPERATING MATCH (Copying, rent, phone, registration fees and other items under $5,000)CASH MATCH IN-KIND MATCH TOTAL MATCH $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Subtotal $0 $0 $0 TRAVEL MATCH CASH MATCH IN-KIND MATCH TOTAL MATCH $0 $0 $0 $0 $0 $0 Subtotal $0 $0 $0 EQUIPMENT MATCH CASH MATCH IN-KIND MATCH TOTAL MATCH $0 $0 $0 $0 $0 $0 Subtotal $0 $0 $0 CONSULTANTS / CONTRACTS MATCH CASH MATCH IN-KIND MATCH TOTAL MATCH $0 $0 $0 $0 $0 $0 Subtotal $0 $0 $0 INDIRECT MATCH Subtotal CASH MATCH IN-KIND MATCH TOTAL MATCH TOTAL MATCH FOR 2-YEAR PROJECT $0 $12,713 $12,713 Volunteers will be used to provide victim advocacy. 1,271.30 total hours over the two year grant period x $10/hour = $12,713 Source of Match: Source of Match: 2 Year - Project Match (Cash and/or In-Kind) Source of Match: Volunteer hours Source of Match: Source of Match: Police Operating Funds for Per diem Source of Match: CASH MATCH $0 $0 Match Budget Narrative and Justification below: Match Tab Page 119 of 390 EXHIBIT D - STATEMENT OF WORK Applicant Agency: Englewood Police Department Project Title: Victim Advocate Project Description: Describe the project, staff and services you plan to provide with these grant funds. See instructions for further information. Page 120 of 390 The Englewood Police Department is a small agency within the larger Denver Metropolitan area. We are a home rule municipality and have a Municipal Court that also has a domestic violence program similar to a Fast Track program where victims of domestic violence experience the criminal justice process. Our community has a lower level of education than the surrounding counties as well as a higher level of poverty and homelessness. Compared to our neighboring cities, calls for service are higher and more people are victims of crime. Englewood Police Victim Assistance has historically employed two full time Advocates to provide services to victims of crime. We have also maintained a volunteer force ranging from 8 to 11 people on average. Calls for services have increased and our volunteer pool has declined. Englewood is also a community in transition. We have recently added 6 new apartment complexes that will add approximately 1200 people to our population. At this time, the Victim Assistance Unit would like to add a part-time Advocate to assist with the increase in call load and to provide more in-depth services to victims of crime who interact with the Englewood Police Department. Englewood Victim Assistance has two full time staff members, both who have been with the Department for a long time, are highly trained and experienced, and who are committed to victims of crime. At times, we have had had interns to help us provide in-depth services to victims in our community. During the regular work day, the two full- time Advocates are generally able to respond to needs of victims. The Victim Assistance Unit runs extremely well during the day time hours; however, crime does not occur from 8:00am to 5:00pm. We have identified a gap in service that can be filled with a part-time Advocate and fill-in from our current volunteers. We have had difficulty maintaining volunteers over the last 10 years and getting shifts covered on nights and weekends has become problematic. We have relied on neighboring agencies to cover some of the on-call hours. This has been a wonderful help, but it does not allow for continuity of services for victims. At times, we don't receive reports from the on-call Advocates and victims may need to repeat their stories or start over with a new Advocate. Hiring a part time Advocate would provide victims with compassionate and professional advocacy over the weekend and some nights. We have also experienced a higher rate of felonious assaults, sexual assault, and domestic violence. These cases require more in-depth and personal advocacy, which takes time and dedication. The project would aim to hire a part-time Advocate who would work some nights and weekend hours. Calls for service increase on Friday and Saturday during our swing-shift and the Advocate would work these hours as well as a week day so that the Advocate can make referrals to community agencies and provide follow-up assistance to victims. The Advocate would provide crisis intervention to victims on scene or over the phone as well as provide information on the Rights under the Victim Rights Act. The Advocate would attempt to help the victim recover from the crime through support, information on Victim Compensation, resources, information on the criminal justice process, and assuring safety of the victim. Providing professional advocacy during nights and weekends will provide continuity of care for victims. The Advocate would respond to crimes that fall under the Victim Rights Act and assist with felonious crimes, sexual assault, domestic violence, crimes against children, elder abuse, vehicular assaults or homicides, homicides, and other incidents that would result in trauma. The Advocate will increase the response to after hours on-call by 80% and will respond within 30 minutes to the scene. During the day time hours, response expectations are 10 minutes. Victims will indicate an increased understanding of the criminal justice process. Advocates will participate in 4 SART team meetings per year to network and learn best practices for victims of crime. Advocates will also attend the Colorado Organization for Victim Assistance Conference to network and broaden skills and stay up to date with best practices. The Victim Assistance Unit will provide a response to approximately 1,000 victims of crime per year. With the additional Advocate, we would like to increase service to 200 more victims per year. The Advocate will be part of the Victim Assistance Team that will provide direct services to victims under the Victim Rights Act C.R.S. 24-4.1-302.5. Victims of crime will be informed of their Rights, they will be supported during their interactions with Law Enforcement, they will be provided the case number, contact information for the Detective or Court that is hearing the case, appropriate Community Agency referrals, referral to Victim Compensation, Safety planning, immediate physical needs will be met, they will be treated with fairness, dignity, and respect, and all aspects of the statue will be met through personal interaction with the Advocate. We are mandated by the Victim Rights Act and it is also the mission of the Englewood Police Department and the Victim Assistance Unit to treat all victims with fairness, dignity, and respect. We also strive to assist victims with their recovery from crime. Victims of crime recover better from trauma if they receive compassionate and professional services as soon as available. In adding another Advocate, we will be able to provide more timely and in-depth Advocacy to the victims in our community. Page 121 of 390 Page 122 of 390 Project Purpose Area: Victims Services Complete these data grids only if your project will provide DIRECT victim services. Provide only the number of victims (primary and secondary) who will receive services from Crime Victim Services (CVS) grant-funded personnel during each of the 24-month periods in the tables below. Types of Crimes Estimated Numbers of Victims Adult Physical Assault 100 Adult Sexual Assault 15 Adults Sexually Abused/Assaulted as Children Arson 3 Bullying (Verbal, Cyber or Physical)10 Burglary 135 Child Physical Abuse or Neglect 35 Child Pornography Child Sexual Abuse/Assault 20 Domestic and/or Family Violence 133 DUI/DWI Incidents 10 Elder Abuse or Neglect 15 Hate Crime: Racial/Religious/Gender/Sexual Orientation/Other Human Trafficking: Labor Human Trafficking: Sex Identity Theft/Fraud/Financial Crime Kidnapping (noncustodial) Kidnapping (custodial) Mass Violence (domestic/international) Other Vehicular Victimization (e.g. Hit & Run) Robbery 20 Stalking/Harassment 4 Survivors of Homicide Victims 10 Teen Dating Violence 10 Terrorism (domestic/international) Other: please explain UNDUPLICATED TOTAL 520 Page 123 of 390 Types of Services Estimated Numbers of Victims Information & Referral Services Information about the criminal justice process 520 Information about victim rights, how to obtain notifications, etc.520 Referral to other victim service programs 500 Referral to other services, supports & resources (legal, medical, faith- based, address confidentiality, etc.) 500 Personal Advocacy/Accompaniment Services Victim advocacy/accompaniment to emergency medical care 50 Victim advocacy/accompaniment to medical forensic exam 15 Law enforcement interview advocacy/accompaniment 50 Individual advocacy (assistance in applying for public benefits, return of personal property or effects) 50 Performance of medical forensic exam or interview, or medical evidence collection 0 Immigration assistance (e.g. special visas, continued presence application, and other immigration relief) 10 Intervention with employer, creditor, landlord or academic institution 25 Child or dependent care assistance (includes coordination of services)15 Transportation assistance (includes coordination of services)50 Interpreter services 10 Emotional Support or Safety Services Crisis intervention (in-person, includes safety planning, etc.)500 Hotline/crisis line counseling 200 On-scene crisis response 425 Individual counseling 0 Support groups (facilitated or peer)0 Other therapy (traditional, cultural or alternative healing; art, writing or play therapy, etc.) 0 Emergency financial assistance 200 Shelter/Housing Services Emergency shelter or safe house 0 Transitional housing 0 Relocation assistance (includes assistance with obtaining housing)0 Criminal/Civil Justice System Assistance Services Notification of criminal events 500 Victim impact statement assistance 200 Assistance with restitution (includes assistance in requesting and when collection efforts are not successful) 200 Civil legal assistance in obtaining protection or restraining order 200 Civil legal assistance with family law issues (custody, visitation or support) 50 Other emergency justice-related assistance 50 Immigration assistance (e.g. special visas, continued presence application, and other immigration relief) 0 Prosecution interview advocacy/accompaniment (includes accompaniment with prosecuting attorney and victim/witness) 50 Law enforcement interview advocacy/accompaniment 50 Criminal advocacy/accompaniment 75 Page 124 of 390 Project Purpose Area: Law Enforcement Complete this section if you are requesting funds for a Law Enforcement Officer or Investigator who will handle domestic violence, sexual assault, stalking, and/or dating violence cases /incidents for victims age 11 and older (including secondary victims of these crimes). These are the only positions/types of crime that can be funded with these grant dollars. If you apply for funds in this category, remember to complete the question regarding which nonprofit victim services agencies you consulted with in developing your application. Estimate below the number of cases/incidents that will be handled by grant funded personnel during each year of the grant period. Type of Crime Estimated # of Cases/Incidents Calls for Assistance (911 & other) Incident Reports Cases/Incidents Investigated Arrests Dual Arrests Protection/Ex Parte/Temporary Restraining Orders Served Arrests for Violation of Bail Bond Enforcement of Warrants Arrests for Violation of Protection Orders Protection Orders Issues Referrals of Cases to Prosecutor Referrals of Federal Firearms Charges to Federal Prosecutor Forensic Medical Evidence TOTAL Other legal advice and/or counsel Crime Victim Compensation Assistance with Victim Compensation 500 Page 125 of 390 Project Purpose Area: Prosecution Complete this section if you are requesting funds for a Prosecutor or Investigator who will handle domestic violence, sexual assault, stalking, and/or dating violence cases/incidents for victims age 11 and older (including secondary victims of these crimes). These are the only positions/types of crime that can be funded with these grant dollars. If you apply for funds in this category, remember to complete the question regarding which nonprofit victim services agencies you consulted with in developing your application. Estimate below the number of cases/incidents that will be handled by grant funded personnel during each year of the grant period. Type of Crime Estimated # of Cases/Incidents Misdemeanor Sexual Assault Felony Sexual Assault Homicide Related to Sexual Assault, Domestic Violence or Stalking Domestic Violence/Dating Violence Ordinance Misdemeanor Domestic Violence/Dating Violence Felony Domestic Violence/Dating Violence Stalking Ordinance Misdemeanor Stalking Felony Stalking Violation of Protective Order Violation of Bail Violation of Probation or Parole Violation of Other Court Order TOTAL Page 126 of 390 Project Purpose Area: Training Complete this section only if you are requesting funds for a FORMAL training project to train professionals/volunteers, primarily outside your agency, who work directly with victims. There are only two eligible categories of training activities that can be paid for with these grant funds: Training on domestic violence, sexual assault, stalking, and dating violence or; Statewide or multijurisdictional training pertaining to victim assistance. NOTE: This section should not be used to indicate the people who will be trained at outreach trainings/community presentations about your program or to in house staff/volunteer training. People Trained Estimated # of People Trained Advocacy Organization Staff (NAACP, AARP) Attorneys/Law Students (Non Prosecutors) Batterer Intervention Program Staff Correction Personnel (probation, parole, and correctional facilities) Court Personnel (judges, clerks) Disability Organization Staff (non-governmental) Educators (teachers, administrators) Elder Organization Staff (non-governmental) Faith-based Organization Staff Government Agency Staff (vocational rehabilitation, food stamps, TANF) Health Professionals (doctors, nurses – not including SANE or SAFE’s) Immigrant Organization Staff (non-governmental) Law Enforcement Officers Legal Services Staff (not including attorneys) Mental Health Professionals Military Command Staff Multidisciplinary Group Prosecutors Sex Offender Treatment Providers Sexual Assault Nurse/Forensic Examiners Social Service Organization Staff (food bank, homeless shelter) Substance Abuse Organization Staff Supervised Visitation and Exchange Center Staff Translators/Interpreters Tribal Government/Tribal Government Agency Victim Advocates (non-governmental, includes sexual assault, domestic violence and dual) Victim Assistants (governmental, includes victim witness specialists/coordinators) Volunteers Other UNDUPLICATED TOTAL Page 127 of 390 Project Purpose Area: System Improvement Check items in this section only if one of the primary purposes of your grant-funded project is to improve a community’s or a system’s (e.g. criminal justice system) response to victims of crime. Check only those system improvement areas that describe the type of activities and services for which you are requesting grant funds. Specialized Units Policies, Protocols, Orders Multidisciplinary Coordinated Response to Domestic Violence Multidisciplinary Coordinated Response to Sexual Assault Multidisciplinary Coordinated Response (non DV/SA crimes) Statewide/Multijurisdictional formal & informal multidisciplinary efforts Data Collection & Communication Systems Model project that can demonstrate success and a plan for statewide replication Coordinating meetings between tribal and nontribal entities Other (please describe) Page 128 of 390 Project Specific Goals and Objectives: Applicants are limited to four goals and no more than three objectives for each goal. Objectives must be measurable and related to the personnel/consultants requested in the grant and any match personnel. Do not repeat services you have already addressed in the project purpose area grids. Please use 8 point font inside the boxes. Goal 1: The Advocate will provide direct services to meet the needs of crime victims in Englewood Objective/Position Title Responsible Intended Outcome/Impact Data Collection Timeframe 1.1 The part-time advocate will provide on- scene crisis intervention to 300 crime victims Victims will report that they feel informed of their rights and resources that may assist them Staff notes/callout logs and victim report During the 24 month Grant cycle 1.2 The part-time advocate will assist 100 victims of domestic violence through the Englewood Municipal Court Victims will participate in the criminal justice process with support, knowledge, and access to services Staff documentation and court notes During the 24 month Grant cycle 1.3 The part-time advocate will assist 200 crime victims by phone for case updates, information on critical stages, and on-going support and provide Victim Rights notifications. Victims will feel supported as the case moves through the criminal justice system. Staff documentation During the 24 month Grant cycle Goal 2: The Advocate will provide support to Victims and encourage financial and emotional recovery through appropriate referrals Objective/Position Title Responsible Intended Outcome/Impact Data Collection Timeframe 2.1 The part-time advocate will assist 350 crime victims with the application for Victim Compensation Victims will have access to financial resources to aid in recovery Staff documentation and Victim Compensation Applications received. During the 24 month Grant cycle Page 129 of 390 2.2 The part-time advocate will make 200 referrals to community based financial resources to assist victims in recovery through payment of rent, cell phone bills, prescriptions, and travel. Victims will recover faster when immediate needs are met through referral to community agencies Staff documentation During the 24 month Grant cycle 2.3 Goal 3: The Advocate will maintain best practices by networking and participating in community task force meetings Objective/Position Title Responsible Intended Outcome/Impact Data Collection Timeframe 3.1 The part-time advocate will attend 6 Sexual Assault Response Team meetings. The Advocate will network with those working to end sexual assault and learn best practices to better serve victims Staff documentation During the 24 month Grant cycle 3.2 The part-time advocate will attend 8 Englewood Schools interagency team meetings The Advocate will network with the school counselors and others on the team to best assist victims of crime from Englewood Schools Staff documentation During the 24 month Grant cycle 3.3 The part-time advocate will participate in 12 Multidisciplinary Team meetings with Arapahoe County Human Services. The Advocate will network with caseworkers from Human Services in order to provide appropriate victim advocacy and services such as Victim Compensation. More victims will access Victim Compensation Staff notes and Human Services documentation During the 24 month Grant cycle Goal 4: Page 130 of 390 Objective/Position Title Responsible Intended Outcome/Impact Data Collection Timeframe 4.1 4.2 4.3 Page 131 of 390 Overall Project Evaluation: Describe the approach for evaluating the project in response to the stated objectives, intended outcomes/impact and data collection. See instructions for further information. The project will have met its goals and objectives by increasing services to victims of crime and providing all victims with ongoing support during the criminal justice process. The project will have provided all victims with information on their Rights as well as referrals to resources that may assist victims with recovery. Our goal is to provide safety and support for victims as well as to educate victims of the Court process and services available. One measure of success is the rate of acceptance of Victim Compensation applications for counseling. We constantly encourage victims to participate in counseling. We hope our efforts to encourage counseling for victims will help them recover. The program also refers victims to community resources to aid with financial recovery. In particular, we refer frequently to Catholic Charites and Integrated Community Family Services (IFCS) to assist those fleeing violence with financial assistance for various financial needs, such as rent, cell phone replacement, bus tickets, and moving expenses. This project success will also be measured by the amount of services provided to victims. We hope to provide services to 200 more victims per year and to close the gap in services that exists on some nights and weekends. The project will be successful if we can maintain coverage for the after-hours calls with the new part-time Advocate and the volunteers. Victims will receive professional and compassionate Advocacy from the program and they will have knowledge of their Rights, feel supported, and receive appropriate referrals for assistance in recovery. The project will also be successful through community networking and participation in Multi-Disciplinary Teams and training. To evaluate the program’s success, we aim to: Provide direct services to 200 more victims per year; To provide crisis intervention to 300 victims on-scene; To assist 350 victims with applications for Victim Compensation; To provide 200 victims with case updates and support through the criminal justice process; To assist 100 victims through the Englewood Municipal Court process; To provide 200 victims with referrals to community based assistance; To participate in Multi-Disciplinary teams to further knowledge and networking; and to provide continuous coverage for Victim Assistance through volunteers and the new part-time Advocate. Page 132 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 1 of 16 Version 0717 (DCJ 09/07/18) GRANT AWARD LETTER (Intergovernmental Grant Agreement) SUMMARY OF GRANT AWARD TERMS AND CONDITIONS SIGNATURE AND COVER PAGE State Agency Colorado Department of Public Safety, Division of Criminal Justice DCJ Grant Number 2018-VA-19-103-18 CMS Number N/A Grantee City of Englewood, by and through the Englewood Police Department Grantee DUNS 075750133 Grant Issuance Date (Start Date) January 1, 2019 Current Grant Maximum Amount Initial Term by Funding Source Grant Expiration Date December 31, 2020 2016-VA-GX-0070 $16,950.00 Fund Expenditure End Date December 31, 2020 2017-VA-GX-0037 $23,306.25 Grant Description The police department will use grant funds to hire a part time advocate to primarily cover nights and weekends when calls for services often increase. Advocate will provide crisis intervention and referral services to victims of crime. 2018-V2-GX-0050 $10,593.75 Total for All Federal Awards $50,850.00 Grantee Match Requirement $12,713.00 Is this Award for Research and Development (R&D)? No THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT Each person signing this Agreement represents and warrants that he or she is duly authorized to execute this Agreement and to bind the Party authorizing his or her signature. GRANTEE City of Englewood ______________________________________________ By: Eric Keck, City Manager, City of Englewood Date: _________________________ STATE OF COLORADO John W. Hickenlooper, Governor Department of Public Safety Stan Hilkey, Executive Director ______________________________________________ By: Joe Thome, Director, Division of Criminal Justice Date: _________________________ In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD ___________________________________________ By: Lyndsay J. Clelland, Contract and Grants Coordinator, Department of Public Safety, Division of Criminal Justice Effective Date:_____________________ Page 133 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 2 of 16 Version 0717 (DCJ 09/07/18) Representatives for this Grant For the State: For Grantee: Joe Thome, Director Eric Keck, City Manager Division of Criminal Justice City of Englewood Department of Public Safety 1000 Englewood Parkway 700 Kipling Street, Suite 1000 Englewood, CO 80110 Denver, Colorado 80215-5897 Joe.Thome@state.co.us ekeck@englewoodco.gov FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD Federal Award Office U.S. Department of Justice, Office of Justice Programs Office for Victims of Crime CFDA 16.575 Federal Award Number(s) 2016-VA-GX-0070 2017-VA-GX-0037 2018-V2-GX-0050 Federal Award Date 09/19/2016 09/28/2017 08/09/2018 Total Amount of Federal Award (this is not the amount of this grant agreement) $ 37,271,902 $ 31,335,524 $ 56,681,557 Page 134 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 3 of 16 Version 0717 (DCJ 09/07/18) TABLE OF CONTENTS SIGNATURE AND COVER PAGE ......................................................................................... 1 1.GRANT ...................................................................................................................................... 3 2.TERM ........................................................................................................................................ 3 3.AUTHORITY ............................................................................................................................ 4 4.DEFINITIONS .......................................................................................................................... 5 5.PURPOSE .................................................................................................................................. 8 6.STATEMENT OF WORK ........................................................................................................ 8 7.PAYMENTS TO GRANTEE .................................................................................................... 8 8.REPORTING - NOTIFICATION ........................................................................................... 10 9.GRANTEE RECORDS ........................................................................................................... 11 10.CONFIDENTIAL INFORMATION-STATE RECORDS ...................................................... 11 11.CONFLICTS OF INTEREST.................................................................................................. 12 12.INSURANCE .......................................................................................................................... 13 13.REMEDIES ............................................................................................................................. 13 14.DISPUTE RESOLUTION ....................................................................................................... 13 15.NOTICES AND REPRESENTATIVES ................................................................................. 13 16.RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ........................................ 13 17.GOVERNMENTAL IMMUNITY .......................................................................................... 13 18.GENERAL PROVISIONS ...................................................................................................... 14 EXHIBIT A1, SAMPLE OPTION LETTER ............................................................................ 1 EXHIBIT A2, SAMPLE GRANT FUNDING CHANGE LETTER ........................................ 2 EXHIBIT B, GRANT REQUIREMENTS ................................................................................ 1 EXHIBIT C, SPECIAL CONDITIONS .................................................................................... 1 EXHIBIT D, FEDERAL REQUIREMENTS ............................................................................ 1 EXHIBIT E, STATEMENT OF WORK………………………………………………………1 EXHIBIT F, BUDGET………………………………………………………………………...1 1.GRANT As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter (the “State”) hereby obligates and awards to Grantee shown on the first page of this Grant Award Letter (the “Grantee”) an award of Grant Funds in the amounts shown on the first page of this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award Letter. 2.TERM A.Initial Grant Term and Extension The Parties’ respective performances under this Grant Award Letter shall commence on the Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Grant Award Letter. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award Letter by providing Grantee with a written notice to Grantee in a form substantially equivalent to Exhibit A, Sample Option Letter showing the new Grant Expiration Date. Authorized Page 135 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 4 of 16 Version 0717 (DCJ 09/07/18) costs incurred prior to the Effective Date, but no earlier than the Grant Issuance Date, may be submitted for reimbursement as provided in §7.C below. B.Early Termination in the Public Interest The State is entering into this Grant Award Letter to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award Letter ceases to further the public interest of the State or if State, Federal or other funds used for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter in whole or in part by providing written notice to Grantee. If the State terminates this Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Grant Award Letter that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this Grant Award Letter that are incurred by Grantee and are directly attributable to the uncompleted portion of Grantee’s obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Grant Award Letter by the State for breach by Grantee. C.Grantee’s Termination Under Federal Requirements Grantee may request termination of this Grant by sending notice to the State, or to the Federal Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective date of the termination. If this Grant is terminated in this manner, then Grantee shall return any advanced payments made for work that will not be performed prior to the effective date of the termination. D.Additional Terms The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the Initial Term for a period, or for successive periods, of 1 year or less each successive period, at newly negotiated rates deemed necessary to meet any modification to this Agreement as provided in §18.E. 3.AUTHORITY Authority to enter into this Grant Award Letter exists in the law as follows: A.Federal Authority This Grant is funded, in whole or in part, with Federal funds awarded to the State by the United States Department of Justice, Office of Justice Programs, Office for Victims of Crime, Victims of Crime Act (VOCA) is supported under 42 U.S.C. § 10603 (a).. B.State Authority The Division of Criminal Justice is authorized to disburse these funds by Colorado Revised Statute 24-33.503 and 507 Page 136 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 5 of 16 Version 0717 (DCJ 09/07/18) 4.DEFINITIONS The following terms shall be construed and interpreted as follows: A.“Budget” means the budget for the Work described in Exhibit F, Budget. B.“Business Day” means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S. C.“CJI” means criminal justice information collected by criminal justice agencies needed for the performance of their authorized functions, including, without limitation, all information defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy, as amended and all Criminal Justice Records as defined under §24-72-302 C.R.S. D.“CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. E.“Effective Date” means the date on which this Grant Award Letter is approved and signed by the Colorado State Controller or designee, as shown on the Signature and Cover Page for this Grant Award Letter. F.“Grant Award Letter” means this letter which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. G.“Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Grant Award Letter. H.“Grant Expiration Date” means the Grant Expiration Date shown on the first page of this Grant Award Letter. I.“Grant Issuance Date” means the Grant Issuance Date shown on the first page of this Grant Award Letter. J.“Equipment” means tangible, nonexpendable property with an acquisition cost of $5,000 or more and a useful life of more than one year. Software, regardless of cost, is not considered equipment. K.“Exhibits” means the following exhibits attached to this Grant Award Letter: i.Exhibit A1, Sample Option Letter. ii.Exhibit A2, Sample Grant Funding Change Letter. iii.Exhibit B, Grant Requirements. iv.Exhibit C, Special Conditions. v.Exhibit D, Federal Requirements. vi.Exhibit E, Statement of Work. vii.Exhibit F, Budget. L.“Extension Term” means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Grant Award Letter Page 137 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 6 of 16 Version 0717 (DCJ 09/07/18) M.“Federal Award” means an award of Federal financial assistance by a Federal Awarding Agency to the Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal Award. N.“Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime is the Federal Awarding Agency for the Federal Award which is the subject of this Grant. O.“Forms” are a type of document with various different blank spaces for answers or information to document or request information and attached as exhibits or provided to the Grantee throughout the term of this grant. Forms will be periodically updated, changed, modified, adjusted, transformed, amended, or altered at the discretion of the State and provided to the Grantee to best meet the needs of the information being collected and recorded. P.“Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Grant Award Letter and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. Q.“Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. R.“Initial Term” means the time period between the Grant Issuance Date and the Grant Expiration Date. S.“Matching Funds” means the funds provided Grantee as a match required to receive the Grant Funds. T.“Party” means the State or Grantee, and “Parties” means both the State and Grantee. U.“PCI” means payment card information including any data related to credit card holders’ names, credit card numbers, or the other credit card information as may be protected by state or federal law. V.“PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual‘s identity, such as name, social security number, date and place of birth, mother‘s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §24-72-501 C.R.S. W.“PHI” means any protected health information, including, without limitation any information whether oral or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (ii)that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is not limited to, any information defined as Individually Identifiable Health Information by the federal Health Insurance Portability and Accountability Act. Page 138 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 7 of 16 Version 0717 (DCJ 09/07/18) X.“Program” means the Victims of Crime Act (VOCA) grant program that provides the funding for this Grant. Y.“Recipient” means the State Agency shown on the first page of this Grant Award Letter, for the purposes of the Federal Award. Z.“Services” means the services to be performed by Grantee as set forth in this Grant Award Letter, and shall include any services to be rendered by Grantee in connection with the Goods. AA. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, PHI, PCI, Tax Information, CJI, and State personnel records not subject to disclosure under CORA. BB. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. CC.“State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. DD.“State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. EE. “Sub-Award” means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to this Sub-Award unless the terms and conditions of the Federal Award specifically indicate otherwise. FF. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work. “Subcontractor” also includes sub-grantees. GG. “Subgrantee” means third-parties, if any, engaged by Grantee to aid in performance of the Work. HH. “Subrecipient” means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization entity that receives a Sub-Award from a Recipient to carry out part of a Federal program, but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient. II.“Tax Information” means Federal and State of Colorado tax information including, without limitation, Federal and State tax returns, return information, and such other tax-related information as may be protected by Federal and State law and regulation. Tax Information includes, but is not limited to all information defined as Federal tax information in Internal Revenue Service Publication 1075. JJ. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the “Super Circular, which supersedes requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. Page 139 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 8 of 16 Version 0717 (DCJ 09/07/18) KK. “Work” means the delivery of the Goods and performance of the Services described in this Grant Award Letter. LL.“Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, any discovery or invention, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, sound recordings, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Grant Issuance Date that is used, without modification, in the performance of the Work. Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 5.PURPOSE This Grantee was selected by the Crime Victims Services Board for Award. The federal Victims of Crime Act (VOCA) Program allows agencies to support activities that provide a broad range of direct services to victims of crime. 6. STATEMENT OF WORK Grantee shall complete the Work as described in this Grant Award Letter and in accordance with the provisions of Exhibit E, Statement of Work. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Grant Award Letter. The State may increase or decrease the quantity of goods/services described Exhibit E, Statement of Work and Exhibit F, Budget based upon the rates established in the Grant. If the State exercises the option, it will provide written notice to Grantee at least 15 days prior to the end of the current grant term in a form substantially equivalent to Exhibit A1, Sample Option Letter. Delivery/performance of the goods/service shall continue at the same rates and terms. If exercised, the provisions of the Option Letter shall become part of and be incorporated into the original grant. 7.PAYMENTS TO GRANTEE A.Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Maximum Amount on the first page of this Grant Award Letter. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Grant Issuance Date or after the Grant Expiration Date; provided, however, that Work performed and expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active Federal Award may be submitted for reimbursement as permitted by the terms of the Federal Award. Page 140 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 9 of 16 Version 0717 (DCJ 09/07/18) B.Erroneous Payments The State may recover, at the State’s discretion, payments made to Grantee in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Grantee. The State may recover such payments by deduction from subsequent payments under this Grant Award Letter, deduction from any payment due under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate method for collecting debts owed to the State. The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as defined below. C.Reimbursement of Grantee Costs The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total amount described in this Grant Award Letter for all allowable costs described in this Grant Award Letter and shown in the Budget, except that Grantee may adjust the amounts between each line item of the Budget without formal modification to this Agreement as long as the Grantee provides notice to the State of the change and the State approves the change, the change does not modify the total maximum amount of this Grant Award Letter, and the change does not modify any requirements of the Work. The State shall reimburse Grantee for the Federal share of properly documented allowable costs related to the Work after the State’s review and approval thereof, subject to the provisions of this Grant. The State shall only reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). D.Close-Out. Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Grant Award Letter and Grantee’s final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal Award within 1 year and 90 days after the Grant Expiration Date due to Grantee’s failure to submit required documentation, then Grantee may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. E.Matching Funds. Grantee shall provide the Matching Funds as provided on the Cover Page and in Exhibit F, Budget. Grantee shall appropriate and allocate all Matching Funds to the purpose of this Grant Award Letter. Grantee does not by accepting this Grant Award Letter irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant Award Letter is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee’s laws or policies. Page 141 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 10 of 16 Version 0717 (DCJ 09/07/18) 8.REPORTING - NOTIFICATION A.Quarterly Reports. In addition to any Exhibit, for any Agreement having a term longer than 3 months, Grantee shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Agreement. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State not later than 15 Days following the end of each calendar quarter or at such time as otherwise specified by the State. If the 15th does not fall on a Business Day, the report is due the following Business Day. DCJ requires the submission of a Quarterly Financial Report and Quarterly Narrative (Programmatic) Report. B.Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out described in §7.D, containing an evaluation and review of Grantee’s performance and the final status of Grantee’s obligations hereunder. DCJ requires the submission of a Final Financial Report only if the last Quarterly Financial Report did not reflect all expenditures. A Final Narrative (Programmatic) Report is not required as quarterly reports are cumulative for this Grant Award Letter. C.Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. D.VOCA Federal Performance Reporting The grantee agrees to submit performance reports on the performance metrics identified by OVC, and in the time and manner required by OVC. This information on the activities supported by the award funding will assist in assessing the effects that VOCA Victim Assistance funds have had on services to crime victims within the jurisdiction. Beginning October 1, 2015, the recipient agrees to submit (and, as necessary, require sub-recipients to submit) such information quarterly. Page 142 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 11 of 16 Version 0717 (DCJ 09/07/18) 9.GRANTEE RECORDS A.Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three (3) years following the completion of the close out of this Grant. Grantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee’s office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. B.Monitoring The State will monitor Grantee’s performance of its obligations under this Grant Award Letter using procedures as determined by the State. Grantee shall allow the State to perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Grantee. The State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. If Grantee enters into a subcontract or subgrant with an entity that would also be considered a Subrecipient, then the subcontract or subgrant entered into by Grantee shall contain provisions permitting both Grantee and the State to perform all monitoring of that Subcontractor in accordance with the Uniform Guidance. Grantee’s failure to comply with and/or correct monitoring findings shall constitute a breach of this Grant Agreement. C.Final Audit Report Grantee shall promptly submit to the State a copy of the Grantee Agency’s final audit report in accordance with Exhibit B, Grant Requirements §1. 10.CONFIDENTIAL INFORMATION-STATE RECORDS A.Confidentiality Grantee shall hold and maintain, and cause all Subgrantees and Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publically available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Grant Award Letter. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines including, without limitation: (i) the most recently promulgated IRS Publication 1075 for all Tax Information, (ii) the most recently updated PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and Page 143 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 12 of 16 Version 0717 (DCJ 09/07/18) Accountability Act for all PHI. Grantee shall immediately forward any request or demand for State Records to the State’s principal representative. B.Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns, Subgrantees and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns, Subgrantees and Subcontractors who require access to perform their obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees, assigns, Subgrantees, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign, Subgrantee or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C.Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D.Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. 11.CONFLICTS OF INTEREST Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Page 144 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 13 of 16 Version 0717 (DCJ 09/07/18) 12.INSURANCE Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that any Subgrantees and Subcontractors maintain all insurance customary for the completion of the Work done by that Subgrantee or Subcontractor and as required by the State or the GIA. 13.REMEDIES In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails to comply with any term or condition of this Grant or any terms of the Federal Award, the State may terminate some or all of this Grant and require Grantee to repay any or all Grant funds to the State in the State’s sole discretion. The State may also terminate this Grant Award Letter at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. 14.DISPUTE RESOLUTION Except as herein specifically provided otherwise or as required or permitted by federal regulations related to any Federal Award that provided any of the Grant Funds, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 15.NOTICES AND REPRESENTATIVES Each individual identified on page 2, “Representatives for this Grant” shall be the principal representative of the designating Party. All notices required or permitted to be given under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §15. 16.RIGHTS IN WORK PRODUCT AND OTHER INFORMATION The exception to this §16 is Work Products that contain criminal justice records where each individual unit or agency will be subject to the rules and regulations. Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. i. State Right to Use The State has the right to use, duplicate and disclose, the above material in whole or in part in any manner for any purpose whatsoever and authorize others to do so. 17.GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et Page 145 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 14 of 16 Version 0717 (DCJ 09/07/18) seq. C.R.S. No term or condition of this Grant Award Letter shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, or protections of any of these provisions. 18.GENERAL PROVISIONS A.Assignment Grantee’s rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be subject to the provisions of this Grant Award Letter. B.Subcontracts and Subgrants Grantee shall not enter into any subgrant or subcontract in connection with its obligations under this Agreement without the prior, written approval of the State. Grantee shall submit to the State a copy of each such subgrant or subcontract upon request by the State. All subgrants and subcontracts entered into by Grantee in connection with this Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement. If the entity with whom Grantee enters into a subcontract or subgrant would also be considered a Subrecipient, then the subcontract or subgrant entered into by Grantee shall also contain provisions permitting both Grantee and the State to perform all monitoring of that Subcontractor in accordance with the Uniform Guidance. C.Captions and References The captions and headings in this Grant Award Letter are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Grant Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. D.Entire Understanding This Grant Award Letter represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Grant Award Letter. E.Modification The State may modify the terms and conditions of this Grant by issuance of an updated Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other than Agreement amendments, shall conform to the policies issued by the Colorado State Controller. i.The State may, at the State’s discretion, use an Option Letter substantially equivalent to Exhibit A1, Sample Option Letter to modify the grant terms. If exercised, the Page 146 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 15 of 16 Version 0717 (DCJ 09/07/18) provisions of the Option Letter shall become part of and be incorporated into the original grant. An Option Letter may be used to perform the following grant actions: a. Extend the term of the grant, at the same rates stated in this Agreement. b.Increase or decrease the quantity of services of the grant, either at the same rates stated in this Agreement or at modified rates outlined in the Option Letter. ii.The State may, at the State’s discretion, use a Grant Funding Change Letter substantially equivalent to Exhibit A2, Sample Grant Funding Change Letter to increase or decrease the amount of grant funds. If exercised, the provisions of the Grant Funding Change Letter shall become part of and be incorporated into the original grant. F.Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. G.Order of Precedence In the event of a conflict or inconsistency between this Grant Award Letter and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: i.Exhibit C, Special Conditions. ii.Exhibit D, Federal Requirements. iii.The provisions of the other sections of the main body of this Agreement. iv.Exhibit B, Grant Requirements. v.Exhibit E, Statement of Work. vi.Exhibit F, Budget H.Severability The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the validity or enforceability of any other provision of this Grant Award Letter, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. I.Survival of Certain Grant Award Letter Terms Any provision of this Grant Award Letter that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. J.Third Party Beneficiaries Except for the Parties’ respective successors and assigns described above, this Grant Award Letter does not and is not intended to confer any rights or remedies upon any person or entity Page 147 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Page 16 of 16 Version 0717 (DCJ 09/07/18) other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. K.Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. L.Federal Requirements Grantee shall comply with all applicable requirements of Exhibit D, Federal Requirements at all times during the term of this Grant. Page 148 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Exhibit A Page 1 of 2 EXHIBIT A1, SAMPLE OPTION LETTER State Agency Insert Department's or IHE's Full Legal Name Option Letter Number Insert the Option Number (e.g. "1" for the first option) Grantee Insert Grantee's Full Legal Name, including "Inc.", "LLC", etc... Original Agreement Number Insert CMS number or Other Contract Number of the Original Contract Current Agreement Maximum Amount Initial Term Option Agreement Number Insert CMS number or Other Contract Number of this Option State Fiscal Year 20xx $0.00 Extension Terms Agreement Performance Beginning Date The later of the Effective Date or Month Day, Year State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 Current Agreement Expiration Date Month Day, Year State Fiscal Year 20xx $0.00 Total for All State Fiscal Years $0.00 1.OPTIONS: A.Option to extend for an Extension Term B.Option to change the quantity of Goods under the Agreement C.Option to change the quantity of Services under the Agreement D.Option to modify Agreement rates E.Option to initiate next phase of the Agreement 2.REQUIRED PROVISIONS: F.For use with Option 1(A): In accordance with Section(s) Number of the Original Agreement referenced above, the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended. G.For use with Options 1(B and C): In accordance with Section(s) Number of the Original Agreement referenced above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the rates stated in the Original Agreement, as amended. H.For use with Option 1(D): In accordance with Section(s) Number of the Original Agreement referenced above, the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section Number/Letter. The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option Effective Date of this Option Letter. I.For use with Option 1(E): In accordance with Section(s) Number of the Original Agreement referenced above, the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert start date and end on Insert ending date at the cost/price specified in Section Number. J.For use with all Options that modify the Agreement Maximum Amount: The Agreement Maximum Amount table on the Agreement’s Signature and Cover Page is hereby deleted and replaced with the Current Agreement Maximum Amount table shown above. 3.OPTION EFFECTIVE DATE: K.The effective date of this Option Letter is upon approval of the State Controller or , whichever is later. STATE OF COLORADO John W. Hickenlooper, Governor INSERT-Name of Agency or IHE INSERT-Name & Title of Head of Agency or IHE ______________________________________________ By: Name & Title of Person Signing for Agency or IHE Date: _________________________ In accordance with §24-30-202 C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Name of Agency or IHE Delegate-Please delete if contract will be routed to OSC for approval Option Effective Date:_____________________ Page 149 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Exhibit A Page 2 of 2 EXHIBIT A2, SAMPLE GRANT FUNDING CHANGE LETTER State Agency Colorado Department of Public Safety Original Grant Number DCJ Grant Number: Insert DCJ grant number CMS Number: Insert CMS number if applicable or NA Grantee Insert Grantee's Full Legal Name, including "Inc.", "LLC", etc...- This must match original contract Change Letter CMS Number Insert Change Letter CMS number or NAInsert CMS number or Other Contract Number of the Original Contract Current Grant Maximum Amount Initial Term Grant Performance Beginning Date Insert Original Begin Date- Month Day, Year State Fiscal Year 20xx $0.00 Extension Terms Current Grant Expiration Date Month Day, Year State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 Total for All State Fiscal Years $0.00 Grantee Match Requirement $0.00 GRANT FUNDING CHANGE In accordance with §Insert Section Number of the Original Grant referenced above, the State Agency listed above commits the following funds to the grant: A.The funding available for State Fiscal Year 20xx is Increased/Decreased by $Amount of Change, because Insert Reason For Change. B.The total funding avail for all State Fiscal Years as of the effective date of this Grant Funding Change Letter is shown as the current contract maximum above. TERMINOLOGY All terminology used in this Grant Funding Change Letter shall be interpreted in accordance with the Original Grant referenced above. NO ORDER FOR WORK This Grant Funding Change Letter modifies the available funding only and does not constitute an order or authorization for any specific services or goods under the Grant. GRANT FUNDING CHANGE LETTER EFFECTIVE DATE: The effective date of this Grant Funding Change Letter is upon approval of the State Controller or , whichever is later. STATE OF COLORADO John W. Hickenlooper, Governor Colorado Department of Public Safety Stan Hilkey, Executive Director ______________________________________________ By: Joe Thome, Director, Division of Criminal Justice Date: _________________________ In accordance with §24-30-202 C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Lyndsay J. Clelland, Colorado Department of Public Safety, Division of Criminal Justice, Contracts and Grants Coordinator Grant Funding Change Letter Effective Date:_____________________ Page 150 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Exhibit B Page 1 of 2 EXHIBIT B, GRANT REQUIREMENTS The following terms as used herein shall be construed and interpreted as follows: 1.AUDIT REQUIREMENTS A. Due Date: i.Project Start: The Grantee must submit the most recent audit or financial review, including the corresponding management letter, to DCJ within thirty (30) days of request; and, if the most recent audit/financial review has not already been submitted to DCJ, it must be submitted within thirty (30) days of the start of this project. ii.Project End: The Grantee assures that it will procure an audit or financial review, incorporating this grant award, by an independent Certified Public Accountant (CPA), licensed to practice in Colorado. The audit or financial review incorporating this grant award must be completed and received by DCJ within nine (9) months of the end of the fiscal years that includes the end date of the grant, or within thirty (30) days of the completion of such audit or review, whichever is earlier. B.Report/Audit Type: i.If your entity expended $750,000 or more in Federal funds (from all sources including pass-through subawards) in your organization’s fiscal year (12-month turnaround reporting period), your organization is required to arrange for a single organization-wide audit conducted in accordance with the provisions of Title 2 C.F.R. Subpart F (§ 200.500 et seq.) ii.If your entity expends less than $750,000 in Federal funds (from all sources including pass-through subawards) in your organization’s fiscal year (12-month turnaround reporting period), your organization is required to arrange for either an audit or financial review as follows: a) Grantees that have revenue greater than $300,000 from all sources during the entity’s fiscal year are required by DCJ to obtain a financial audit b) Grantees that have revenue less than $300,000 from all sources during the entity’s fiscal year are required by DCJ to obtain a financial audit or financial review. A compilation is not sufficient to satisfy this requirement. C.Report/Audit Costs: The Grantee accepts responsibility for the costs of a financial program audit to be performed by the Department of Public Safety in the event that the audit report or financial review: i.does not meet the applicable federal audit or DCJ standards; ii.is not submitted in a timely manner; or, iii.does not provide an audit response plan with corresponding corrections made sufficient to satisfy any audit findings. Page 151 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Exhibit B Page 2 of 2 D.Failure to Comply: The grantee understands and agrees that DCJ or the federal awarding office (DOJ) may withhold award funds, or may impose other related requirements, if the grantee does not satisfactorily and promptly address outstanding issues from audits required by Part 200 Uniform Requirements, by the terms of this award, by the current addition of the DOJ Grants Financial Guide, or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 2.FINANCIAL AND ADMINISTRATIVE MANAGEMENT A.The Grantee assures that fund accounting, auditing, monitoring, evaluation procedures and such records as necessary will be maintained to assure adequate internal fiscal controls, proper financial management, efficient disbursement of funds received, and maintenance of required source documentation for all costs incurred. These principles must be applied for all costs incurred whether charged on a direct or indirect basis. B.All expenditures must be supported by appropriate source documentation. Only actual, approved, allowable expenditures will be permitted. C.The Grantee assures that it will comply with the applicable Administrative Guide of the Division of Criminal Justice (Guide), located at http://dcj.state.co.us/home/grants. However, such a guide cannot cover every foreseeable contingency, and the Grantee is ultimately responsible for compliance with applicable state and federal laws, rules and regulations. In the event of conflicts or inconsistencies between the Guide and any applicable state and federal laws, rules and regulations, such conflicts or inconsistencies shall be resolved by applicable state and federal laws, rules and regulations. 3.PROCUREMENT AND CONTRACTS A.Grantee assures that open, competitive procurement procedures will be followed for all purchases under the grant. All contracts for professional services, of any amount, and equipment purchases over five thousand dollars (per item, with a useful life of at least one year) must receive prior approval by the DCJ. Grantee shall submit Form 16 – Professional Services/Consultant Certification and/or Form 13 – Equipment Procurement Certification Form. B.Grantee may not assign its rights or duties under this grant without the prior written consent of the DCJ. 4.AWARD CHANGE REQUESTS Grantee may request budget modifications by submitting a request to DCJ. DCJ reserves the right to make and authorize modifications, adjustments, and/or revisions to the Grant Award Letter for the purpose of making changes in budget categories, extensions of grant award dates, changes in goals and objectives, and other modifications as described in §2.D and §18.E in the body of the Grant Award Letter. Page 152 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Exhibit C Page 1 of 1 EXHIBIT C, SPECIAL CONDITIONS The following program specific requirements are imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. These requirements apply to this Agreement and must be passed on to subgrant award recipients. The following Special Conditions documents, if checked, are incorporated herein. These documents are located on the DCJ Grants website and may also be obtained from DCJ upon request. ☒2018 Victims of Crime Act (VOCA) Special Conditions ☒2017 Victims of Crime Act (VOCA) Special Conditions ☒2015 & 2016 Victims of Crime Act (VOCA) Special Conditions Page 153 of 390 Grantee: City of Englewood, by and through the Englewood Police Department Project: Part-Time Victim Advocate DCJ Grant #: 2018-VA-19-103-18 Exhibit D Page 1 of 1 EXHIBIT D, FEDERAL REQUIREMENTS The following federal requirements are imposed by the Federal sponsoring agency concerning special requirements of law. These requirements apply to this Agreement and must be passed on to subgrants and subcontractors. The following federal requirements documents, if checked, are incorporated herein. These documents are located on the DCJ Grants website and may also be obtained from DCJ upon request. ☒2018 Federal Requirements ☒2017 Federal Requirements ☒2015 & 2016 Federal Requirements Page 154 of 390 Page 1 of 6 EXHIBIT E - STATEMENT OF WORK Applicant Agency: City of Englewood, by and through the Englewood Police Department Project Title: Victim Advocate Project Description: Describe the project, staff and services you plan to provide with these grant funds. The Englewood Police Department is a small agency within the larger Denver Metropolitan area. We are a home rule municipality and have a Municipal Court that also has a domestic violence program similar to a Fast Track program where victims of domestic violence experience the criminal justice process. Our community has a higher level of poverty and homelessness than our surrounding neighbors. Compared to our neighboring cities, calls for service are higher and more people are victims of crime. Englewood Police Victim Assistance has historically employed two full time Advocates to provide services to victims of crime. We have also maintained a volunteer force ranging from 8 to 11 people on average. Calls for services have increased and our volunteer pool has declined. Englewood is also a community in transition. We have recently added 6 new apartment complexes that will add approximately 1200 people to our population. At this time, the Victim Assistance Unit would like to add a part-time Advocate to assist with the increase in call load and to provide more in-depth services to victims of crime who interact with the Englewood Police Department. Englewood Victim Assistance has two full time staff members, both who have been with the Department for a long time, are highly trained and experienced, and who are committed to victims of crime. At times, we have had interns to help us provide in- depth services to victims in our community. During the regular work day, the two full-time Advocates are generally able to respond to needs of victims. The Victim Assistance Unit runs extremely well during the day time hours; however, crime does not occur from 8:00am to 5:00pm. We have identified a gap in service that can be filled with a part-time Advocate and fill-in from our current volunteers. We have had difficulty maintaining volunteers over the last 5 years and getting shifts covered on nights and weekends has become problematic. We have relied on neighboring agencies to cover some of the on-call hours. This has been a wonderful help, but it does not allow for continuity of services for victims. At times, we don't receive reports from the on-call Advocates and victims may need to repeat their stories or start over with a new Advocate. Hiring a part time Advocate would provide victims with compassionate and professional advocacy over the weekend and some nights. We have also experienced a higher rate of felonious assaults, sexual assault, and domestic violence. These cases require more in-depth and personal advocacy, which takes time and dedication. The project would aim to hire a part-time Advocate who would work some nights and weekend hours. Calls for service increase on Friday and Saturday during our swing-shift and the Advocate would work these hours as well as a week day so that the Advocate can make referrals to community agencies and provide follow-up assistance to victims. The Advocate would provide crisis intervention to victims on scene or over the phone as well as provide information on the Rights under the Victim Rights Act. The Advocate would attempt to help the victim recover from the crime through support, information on Victim Compensation, resources, information on the criminal justice process, and assuring safety of the victim. Providing professional advocacy during nights and weekends will alleviate the need for as many volunteers and provide continuity of care for victims. The Advocate would respond to crimes that fall under the Victim Rights Act and assist with felonious crimes, sexual assault, domestic violence, crimes against children, elder abuse, vehicular assaults or homicides, homicides, and other incidents that would result in trauma. The Advocate will increase the response to after hours on-call by 80% and will respond within 30 minutes to the scene. During the day time hours, response expectations are 10 minutes. Victims will indicate an increased understanding of the criminal justice process. Advocates will participate in 4 SART team meetings per year to network and learn best practices for victims of crime. Advocates will also attend the Colorado Organization for Victim Assistance Conference to network and broaden skills and stay up to date with best practices. The Victim Assistance Unit will provide a response to approximately 1,000 victims of crime per year. With the additional Advocate, we would like to increase service to 200 more victims per year. The Advocate will be part of the Victim Assistance Team that will provide direct services to victims under the Victim Rights Act C.R.S. 24-4.1-302.5. Victims of crime will be informed of their Rights, they will be supported during their interactions with Law Enforcement, they will be provided the case number, contact information for the Detective or Court that is hearing the case, appropriate Community Agency referrals, referral to Victim Compensation, Safety planning, immediate physical needs will be met, they will be treated with fairness, dignity, and respect, and all aspects of the statue will be met through personal interaction with the Advocate. We are mandated by the Victim Rights Act and it is also the mission of the Englewood Police Department and the Victim Assistance Unit to treat all victims with fairness, dignity, and respect. We also strive to assist victims with their recovery from crime. Victims of crime recover better from trauma if they receive compassionate and professional services as soon as available. In adding another Advocate, we will be able to provide more timely and in-depth Advocacy to the victims in our community. Page 155 of 390 Page 2 of 6 Project Purpose Area: Victims Services Complete these data grids only if your project will provide DIRECT victim services. Provide only the number of victims (primary and secondary) who will receive services from Crime Victim Services (CVS) grant-funded personnel during each of the 24-month periods in the tables below. Types of Crimes Estimated Numbers of Victims Adult Physical Assault 100 Adult Sexual Assault 15 Adults Sexually Abused/Assaulted as Children Arson 3 Bullying (Verbal, Cyber or Physical) 10 Burglary 135 Child Physical Abuse or Neglect 35 Child Pornography Child Sexual Abuse/Assault 20 Domestic and/or Family Violence 133 DUI/DWI Incidents 10 Elder Abuse or Neglect 15 Hate Crime: Racial/Religious/Gender/Sexual Orientation/Other Human Trafficking: Labor Human Trafficking: Sex Identity Theft/Fraud/Financial Crime Kidnapping (noncustodial) Kidnapping (custodial) Mass Violence (domestic/international) Other Vehicular Victimization (e.g. Hit & Run) Robbery 20 Stalking/Harassment 4 Survivors of Homicide Victims 10 Teen Dating Violence 10 Terrorism (domestic/international) Other: please explain UNDUPLICATED TOTAL 520 Page 156 of 390 Page 3 of 6 Types of Services Estimated Numbers of Victims Information & Referral Services Information about the criminal justice process 520 Information about victim rights, how to obtain notifications, etc. 520 Referral to other victim service programs 50 Referral to other services, supports & resources (legal, medical, faith-based, address confidentiality, etc.) 200 Personal Advocacy/Accompaniment Services Victim advocacy/accompaniment to emergency medical care 50 Victim advocacy/accompaniment to medical forensic exam 15 Law enforcement interview advocacy/accompaniment 50 Individual advocacy (assistance in applying for public benefits, return of personal property or effects) 50 Performance of medical forensic exam or interview, or medical evidence collection 0 Immigration assistance (e.g. special visas, continued presence application, and other immigration relief) 10 Intervention with employer, creditor, landlord or academic institution 25 Child or dependent care assistance (includes coordination of services) 15 Transportation assistance (includes coordination of services) 50 Interpreter services 10 Emotional Support or Safety Services Crisis intervention (in-person, includes safety planning, etc.) 300 Hotline/crisis line counseling 0 On-scene crisis response 250 Individual counseling 0 Support groups (facilitated or peer) 0 Other therapy (traditional, cultural or alternative healing; art, writing or play therapy, etc.) 0 Emergency financial assistance 0 Shelter/Housing Services Emergency shelter or safe house 0 Transitional housing 0 Relocation assistance (includes assistance with obtaining housing) 0 Criminal/Civil Justice System Assistance Services Notification of criminal events 50 Victim impact statement assistance 20 Assistance with restitution (includes assistance in requesting and when collection efforts are not successful) 20 Civil legal assistance in obtaining protection or restraining order 20 Civil legal assistance with family law issues (custody, visitation or support) 0 Other emergency justice-related assistance 0 Immigration assistance (e.g. special visas, continued presence application, and other immigration relief) 0 Prosecution interview advocacy/accompaniment (includes accompaniment with prosecuting attorney and victim/witness) 50 Law enforcement interview advocacy/accompaniment 50 Criminal advocacy/accompaniment 50 Other legal advice and/or counsel Crime Victim Compensation Assistance with Victim Compensation 250 Page 157 of 390 Page 4 of 6 Project Specific Goals and Objectives: Applicants are limited to four goals and no more than three objectives for each goal. Objectives must be measurable and related to the personnel/consultants requested in the grant and any match personnel. Do not repeat services you have already addressed in the project purpose area grids. Please use 8 point font inside the boxes. Goal 1: The Advocate will provide direct services to meet the needs of crime victims in Englewood Objective/Position Title Responsible Intended Outcome/Impact Data Collection Timeframe 1.1 The Advocate will provide on-scene crisis intervention to 300 crime victims Victims will report that they feel informed of their Rights and resources that may assist them Staff notes/callout logs and victim report via surveys During the 24 month Grant cycle 1.2 The Advocate will assist 50 victims of domestic violence through the Englewood Municipal Court Victims will participate in the criminal justice process with support, knowledge, and access to services Staff documentation and Court notes During the 24 month Grant cycle 1.3 The Advocate will assist 200 crime victims by phone for case updates, information on critical stages, and on- going support and provide Victim Rights notifications. Victims will be informed as the case moves through the criminal justice system. Staff documentation of victim notification of case status as it proceeds through the criminal justice system During the 24 month Grant cycle Goal 2: The Advocate will provide support to victims and encourage financial and emotional recovery through appropriate referrals Objective/Position Title Responsible Intended Outcome/Impact Data Collection Timeframe 2.1 The Advocate will assist 250 crime victims with the application for Victim Compensation Victims will have access to financial resources to aid in recovery Staff documentation and Victim Compensation Applications received. During the 24 month Grant cycle 2.2 The Advocate will make 200 referrals to community based financial resources to assist victims in recovery through payment of rent, cell phone bills, prescriptions, and travel. Victims will recover faster when immediate needs are met through referral to community agencies Staff documentation During the 24 month Grant cycle 2.3 Page 158 of 390 Page 5 of 6 Goal 3: The Advocate will maintain best practices by networking and participating in community task force meetings Objective/Position Title Responsible Intended Outcome/Impact Data Collection Timeframe 3.1 The Advocate will attend 3 Sexual Assault Response Team meetings. The Advocate will network with those working to end sexual assault and learn best practices to better serve victims Staff documentation During the 24 month Grant cycle 3.2 The Advocate will attend 4 Englewood Schools interagency team meetings The Advocate will network with the school counselors and others on the team to best assist victims of crime from Englewood Schools Staff documentation During the 24 month Grant cycle 3.3 The Advocate will participate in 6 Multidisciplinary Team meetings with Arapahoe County Human Services. The Advocate will network with caseworkers from Human Services in order to identify victims of crime and offer advocacy, resources, and victim compensation Staff notes and Human Services documentation During the 24 month Grant cycle Goal 4: Objective/Position Title Responsible Intended Outcome/Impact Data Collection Timeframe 4.1 4.2 4.3 Page 159 of 390 Page 6 of 6 Overall Project Evaluation: Describe the approach for evaluating the project in response to the stated objectives, intended outcomes/impact and data collection. See instructions for further information. The project will have met its goals and objectives by increasing services to victims of crime and providing all victims with ongoing support during the criminal justice process. The project will have provided all victims with information on their Rights as well as referrals to resources that may assist victims with recovery. Our goal is to provide safety and support for victims as well as to educate victims of the Court process and services available. One measure of success is the rate of acceptance of Victim Compensation applications for counseling. We constantly encourage victims to participate in counseling. We hope our efforts to encourage counseling for victims will help them recover. The program also refers victims to community resources to aid with financial recovery. In particular, we refer frequently to Catholic Charites and Integrated Community Family Services (IFCS) to assist those fleeing violence with financial assistance for various financial needs, such as rent, cell phone replacement, bus tickets, and moving expenses. This project success will also be measured by the amount of services provided to victims. We hope to provide services to 200 more victims per year and to close the gap in services that exists on some nights and weekends. The project will be successful if we can maintain coverage for the after-hours calls with the new part-time Advocate and the volunteers. Victims will receive professional and compassionate Advocacy from the program and they will have knowledge of their Rights, feel supported, and receive appropriate referrals for assistance in recovery. The project will also be successful through community networking and participation in Multi-Disciplinary Teams and training. To evaluate the program’s success, we aim to: Provide direct services to 200 more victims per year; To provide crisis intervention to 250 victims on-scene; To assist 250 victims with applications for Victim Compensation; To provide 100 victims with case updates and support through the criminal justice process; To assist 50 victims through the Englewood Municipal Court process; To provide 200 victims with referrals to community based assistance; To participate in Multi-Disciplinary teams to further knowledge and networking; and To provide continuous coverage for Victim Assistance through volunteers and the new part-time Advocate. Page 160 of 390 EXHIBIT F - BUDGET and BUDGET NARRATIVE Page 1 of 7 Applicant Agency: Project Title: (Please do not enter any information in these two summary grids - they will automatically calculate from the next three tabs within this worksheet) Total 2 Year Budget Summary Grant Funds Cash Match In-Kind Match 2 Year Project Total Personnel $47,850 $0 $12,713 $60,563 Supplies & Operating $2,400 $0 $0 $2,400 Travel $600 $0 $0 $600 Equipment $0 $0 $0 $0 Consultants / Contracts $0 $0 $0 $0 Indirect Costs $0 $0 GRAND TOTAL 2 Year Budget $50,850 $0 $12,713 $63,563 Personnel Summary Total Personnel Annual Budget Year 1 (CY19) Total to be Paid by Grant Year 1 (CY19) % Paid by Grant (CY19) Annual Budget Year 2 (CY20) Total to be Paid by Grant Year 2 (CY20) % Paid by Grant (CY20) Total to be Paid by Grant for 2 years Position # 1 $23,925 $23,925 100%$23,925 $23,925 100%$47,850 Total Personnel $23,925 $23,925 100%$23,925 $23,925 100%$47,850 City of Englewood, by and through the Englewood Police Department Victim Advocate Year 1 Year 2 Total Match $12,713 $0 $0 $0 $0 $12,713 Page 161 of 390 EXHIBIT F - BUDGET and BUDGET NARRATIVE Page 2 of 7 Position # 1 Annual Budget Year 1 (CY19) % Paid by Grant (CY19) Total to be Paid by Grant for 1st year Annual Budget Year 2 (CY20) % Paid by Grant (CY20) Total to be Paid by Grant for 2nd year Total to be Paid by Grant for 2 years To be determined Title Victim Advocate Salary $23,925 100%$23,925 $23,925 100%$23,925 $47,850 Fringe/Benefits $0 0%$0 $0 0%$0 $0 TOTAL $23,925 100%$23,925 $23,925 100%$23,925 $47,850 Hours per week position works for agency:20 $47,850 PERSONNEL Type Position #1 budget narrative & justification below: Total Grant $ Position #1 The Part-Time Victim Advocate will work 20 hours per week. Anticipated shifts are swing shift weekends and one week day shift. This request is for salary. Salary request for two years of $47,850.00. Page 162 of 390 EXHIBIT F - BUDGET and BUDGET NARRATIVE Page 3 of 7 Supplies & Operating Item Total to be Paid by Grant Funds COVA Registration $2,400 $2,400 Travel Item Total to be Paid by Grant Funds Lodging for the COVA Conference $600 $0 $600 Equipment Item Total to be Paid by Grant Funds $0 $0 Consultants / Contracts Item Total to be Paid by Grant Funds $0 $0 Indirect Costs Total to be Paid by Grant Funds $0 2-Yr. Budget for All other Budget Categories (Supplies & Operating / Travel / Equipment / Consultants-Contracts / Indirect Cost) Item Calculations Conference registration $400 x 3 advocates = $1,200 x 2 years = $2,400 Item Calculations Consultant/Contractor Calculations Total Travel: List the % of the approved federal negotiated indirect rate or 10% de minimus indirect rate details Three nights each year at $300 x 2 years = $600 Travel Budget Narrative/Justification Below: Item Calculations TOTAL Supplies & Operating: As part of best practice, we would like to send 3 advocates each year to the COVA conference. Supplies & Operating Budget Narrative/Justification below: Total Equipment: Equipment Budget Narrative/Justification Below: Colorado Organization for Victim Assistance hosts an annual conference that will help the two full time and one part time Advocates network and provide best practices. Indirect Costs Budget Narrative/Justification below: TOTAL Consultants / Contracts: Consultants / Contracts Budget Narrative/Justification below: Page 163 of 390 EXHIBIT F - BUDGET and BUDGET NARRATIVE Page 4 of 7 PERSONNEL MATCH (Employees / volunteers of the applicant agency) Employee / Volunteer / Job Title CASH MATCH IN-KIND MATCH TOTAL MATCH Victim Advocate Volunteers 1,271.30 hours x $10/hour = $12,713 $0 $12,713 $12,713 $0 $0 $0 Subtotal $0 $12,713 $12,713 SUPPLIES and OPERATING MATCH (Copying, rent, phone, registration fees and other items under $5,000)CASH MATCH IN-KIND MATCH TOTAL MATCH $0 $0 $0 Subtotal $0 $0 $0 TRAVEL MATCH CASH MATCH IN-KIND MATCH TOTAL MATCH $0 $0 $0 Subtotal $0 $0 $0 EQUIPMENT MATCH CASH MATCH IN-KIND MATCH TOTAL MATCH $0 $0 $0 Subtotal $0 $0 $0 CONSULTANTS / CONTRACTS MATCH CASH MATCH IN-KIND MATCH TOTAL MATCH $0 $0 $0 Subtotal $0 $0 $0 INDIRECT MATCH Subtotal CASH MATCH IN-KIND MATCH TOTAL MATCH TOTAL MATCH FOR 2-YEAR PROJECT $0 $12,713 $12,713 Volunteers will be used to provide victim advocacy. 1,271.30 total hours over the two year grant period x $10/hour = $12,713 Source of Match: Source of Match: 2 Year - Project Match (Cash and/or In-Kind) Source of Match: Volunteer hours Source of Match: Source of Match: Police Operating Funds for Per diem Source of Match: CASH MATCH $0 $0 Match Budget Narrative and Justification below: Page 164 of 390 EXHIBIT F - BUDGET and BUDGET NARRATIVE Page 5 of 7 Financial Management Questions Crime Victims Services Grant Program This section must be completed in cooperation with the designated Financial Officer assigned to this grant/project. Complete this form in Excel. Upload the completed electronic version on the "Documents" tab in ZoomGrants. Enter your response in the field BELOW the question. The questions that use a dropdown menu, click on the space below the question and an arrow will appear to the right of the field showing you the dropdown options. 1. What accounting system does your organization use? List the name and a brief description of the system. (maximum length = 1,000 characters) New World (a Tyler Product). New World is a full service Enterprise Resource Planning (ERP) providing functionality for Financial functions and HR functions. The City successfully migrated from Oracle to New World in 2017. 2. This grant will be on a cost reimbursement basis. What will be your organization's source of cash and how will your organization manage its cash flow between the time costs are incurred and reimbursed? (maximum length = 1,000 characters) The City's source of cash is through Tax Revenue. The cash flow will be managed from City general fund reserves. These reserves are currently at 24.7% of Annual expenditures of approximately $900M. Reimbursement received will be contributed back into the reserves. 3a. Which of the following applies to your agency? (select an option from the dropdown box) Agency has over $300,000 in revenue from all combined sources. Submit the most recent Financial Audit to DCJ via ZoomGrants "Documents". 3b. Date of most recent A-133 Audit, Financial Audit or Financial Review? 31-Dec-16 3c. Date the recent A-133 Audit, Financial Audit or Financial Review was sent to DCJ? 3/9/2018 3d. Were there any findings, questioned costs or unallocated costs? (select an option from the dropdown box) No Page 165 of 390 EXHIBIT F - BUDGET and BUDGET NARRATIVE Page 6 of 7 Criteria for managing grant funds Please respond to the following questions regarding whether your accounting system meets the criteria for managing grant funds. These are items that will be monitored by the Division of Criminal Justice (DCJ) staff either by site visits or other reporting mechanisms. 4. Does your accounting system separate all revenues and expenditures by funding source? (select an option from the dropdown box) Yes 5. Does your accounting system track revenues and expenditures for each grant award separately through a sub-ledger system? (select an option from the dropdown box) Yes 6. Does your accounting system allow expenditures to be classified by the broad budget categories listed in the approved budget in your grant, i.e. Personnel, Supplies and Operating, Travel, Equipment and Professional Services? (select an option from the dropdown box) Yes 7. Does your organization have written financial policies and procedures (specific to grants) in place that describe items such as: meeting all grant requirements, the preparation of grant financial reports and statements, the disclosure of financial documents, the ability for staff to prevent and detect misstatements in financial reporting, a method to trace funds, and a process to maintain and safeguard all cash, real and personal property, and other assets? (select an option from the dropdown box) No 8. Is this grant request for less than $100,000? (select an option from the dropdown box) Yes 9. Is this grant request for a new project? (select an option from the dropdown box) Yes 10. Has your organization been in existence for three (3) years or more? (select an option from the dropdown box) Yes 11. Does the staff assigned to this project have two (2) or more year's prior experience with projects with the same or similar requirements? (select an option from the dropdown box) Yes 12. Does your organization have internal controls in place, such as: a review process to determine reasonableness, allowability and allocability of costs, separation of duties, dual signatures on certain checks, reconciliations or other fiduciary oversight? (select an option from the dropdown box) Yes 13. Does your organization reconcile sub-ledgers to your general ledger at least monthly or quarterly if the applicant is a governmental entity? (select an option from the dropdown box) Yes 14. Are accounting records supported by source documentation such as invoices, receipts, timesheets, etc.? (select an option from the dropdown box) Yes Page 166 of 390 EXHIBIT F - BUDGET and BUDGET NARRATIVE Page 7 of 7 15. Does your organization routinely record the grant number or other unique identifier on all source documents such as invoices, receipts, time records, deposit records, etc.? (select an option from the dropdown box) No 16. Does your organization maintain time sheets approved by the employee, supervisor and project director for each employee paid by these grant funds? (select an option from the dropdown box) Yes 17a. Will this grant funded project generate program income? (select an option from the dropdown box) No 17b. If "Yes", does your accounting system have the ability to track these funds separately? (select an option from the dropdown box) Yes 18. [Non-governmental agencies only] Do the Board bylaws and policies describe the involvement of the Board in the financial oversight and direction of your agency? (select an option from the dropdown box) 19. Does your accounting system have the ability to track in-kind and/or cash match funds? (select an option from the dropdown box) Yes 20. Are you able to ensure that you will not be using these grant funds to provide services that will be paid by Victim Compensation? (select an option from the dropdown box) Yes 18. If you answered "No" to any one question (4-7, 12-16, 18-20) above, please provide a brief explanation below. Please refer to question #. (maximum length = 500 characters) 7.Grant funding is not a large portion of our revenues. Grant activity is tracked by project number and reviewed by the grant manager and accounting to ensure compliance with the grant terms before reimbursement is requested. 15.The grant identification number (project number) is not recorded on source documents, however, each is reviewed against the accounting record prior to requesting reimbursement. Email response: Finance department will code and track separately for this new position. Page 167 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Wade Burkholder DEPARTMENT: Community Development DATE: November 19, 2018 SUBJECT: CB 43 - Intergovernmental Subgrantee Agreement for 2018 CDBG Program DESCRIPTION: CB 43 - Intergovernmental Subgrantee Agreement for 2018 CDBG Program RECOMMENDATION: Staff recommends that City Council authorize the execution of an Intergovernmental Subgrantee Agreement for the 2018 Arapahoe County Community Development Block Grant Program between the Arapahoe County Board of County Commissioners and the City of Englewood. PREVIOUS COUNCIL ACTION: City Council passed Ordinance 19, Series 2015 authorizing the City's participation in the Urban County Entitlement Program for CDBG and HOME funds for fiscal years 2016 through 2018 and Ordinance 12, Series 2018 for fiscal years 2019 through 2021. Council passed Resolution 81, Series 2017 authorizing the Community Development Department to submit an application for 2018 CDBG funding. ANALYSIS: The Federal Community Development Block Grant (CDBG) Program provides grants to units of local government and urban counties to meet housing and community development needs. The objective of the Program is achieved through projects developed by the local government that are designed to give priority to those activities that benefit low and moderate income families. Funds are allocated by statutory formula to each entitlement area. Arapahoe County is an approved entitltement area. The grant funds are distributed by Arapahoe County to each participating city within the county. For FY2018, funds were approved to support the folllowing project: $115,000 for the Energy Efficient Englewood (E3) project to provide matching grants to 12 low to moderate income homeowners for energy efficiency interior and exterior home improvements. FINANCIAL IMPLICATIONS: Employees in Community Development are available to administer the projects and their salaries and benefits are part of the City's contributions. The City will utilize approximately $7,200 of the CDBG Administration budget from the project to partially offset the costs of those Page 168 of 390 salaries and benefits. The remaining administration budget will be used for energy audits and lead based paint testings. ATTACHMENTS: Council Bill 43 Subgrantee Agreement with Exhibit A - Scope of Services Page 169 of 390 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 43 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR A 2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council of the City of Englewood approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 19, Series of 2015 covering the City’s participation in the Arapahoe County CDBG Entitlement Program for funding years 2016 through 2018 and by Ordinance No. 12, Series of 2018, for funding years 2019 through 2021; WHEREAS, the Englewood City Council passed Resolution 81, Series of 2017, that authorized Housing and Community Development to submit an application for 2018 CDBG funding; and WHEREAS, the Energy Efficient Englewood (E3) Project has been categorized as a housing rehabilitation activity. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Subgrantee Agreement for Arapahoe County Community Development Block Grant Funds – Subgrantee: City of Englewood, Project Name: Energy Efficient Englewood (E3) Project Number: ENHS 1803, attached hereto as Attachment 1, is hereby accepted and approved by the Englewood City Council. Section 2. Community Development Block Grant (CDBG) funds are Federal Housing and Urban Development funds which are administered through Arapahoe County, Colorado. Section 3. The Mayor is hereby authorized to sign said Agreements for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 19th day of November, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of November, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of November, 2018 for thirty (30) days. Page 170 of 390 2 Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for Ordinance introduced, read in full, and passed on first reading on the 19th day of November, 2018. Stephanie Carlile Page 171 of 390 Page 172 of 390 Page 173 of 390 Page 174 of 390 Page 175 of 390 Page 176 of 390 Page 177 of 390 Page 178 of 390 Page 179 of 390 Page 180 of 390 Page 181 of 390 Page 182 of 390 Page 183 of 390 Page 184 of 390 Page 185 of 390 Page 186 of 390 Page 187 of 390 Page 188 of 390 Page 189 of 390 Page 190 of 390 Page 191 of 390 Page 192 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie McKinnon DEPARTMENT: City Clerk's Office DATE: November 19, 2018 SUBJECT: CB 44 - Liquor Code Update DESCRIPTION: CB 44 - Liquor Code Update RECOMMENDATION: Staff request that City Council approve Council Bill 44 - to update the City of Englewood's Municipal Code and bring it into alignment with State Statutes. PREVIOUS COUNCIL ACTION: No previous Council action has been taken on this item. SUMMARY: The Colorado State Legislature passed House Bill 18-1025 which relocated non-substantive laws related to the regulation of alcohol beverages from Title 12, Colorado Revised Statutes, to a new Title 44 as part of the organization re-codification of Title 12. The code update will put the City of Englewood's Municipal Code in alignment with State Statutes. FINANCIAL IMPLICATIONS: None. ALTERNATIVES: There are no alternatives. ATTACHMENTS: Council Bill 44 Page 193 of 390 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 44 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, INCLUDING SECTIONS 1 AND 2 OF CHAPTER 3, SECTIONS 1, 3, 5, AND 8 OF ARTICLE A, SECTIONS 2, 10, AND 11 OF ARTICLE B, AND SECTIONS 1, 3, 5, OF ARTICLE C, ALL OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO REMOVE STATUTORY CITATIONS TO SUPERSEDED STATUTES AND INSERT STATUTORY CITATIONS TO CURRENT STATUTES. WHEREAS, The Colorado State Legislature passed House Bill 18-1025 concerning the nonsubstantive relocation of laws related to the regulation of alcohol beverages from Title 12, Colorado Revised Statutes, to a new Title 44, as part of the organizational recodification of Title 12; and WHEREAS, The Englewood Municipal Code includes statutory citations to State Statutes within its Title 5, Chapter 3, including its Articles A, B, and C, all regarding alcoholic beverages. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title 5, Chapter 3 shall be amended as follows: 5-3-1: Definitions. As used in this chapter, the following words and phrases shall have the following meanings: 3.2% Beer: See Fermented Malt Beverages, herein. Director: The Director of Finance. Fermented Malt Beverages: Beer and any other beverages obtained by the fermentation of any infusion or decoction of barley, malt, hops or any similar product, or any combination thereof, in water containing not less than one-half (½) of one percent (1%) alcohol by volume and not more than three and two-tenths percent (3.2%) alcohol by weight or four percent (4%) of alcohol by volume, except that "fermented malt beverage" shall not include confectionery containing alcohol within the limits as prescribed by C.R.S., § 44-3-103(18) and 44-4-103 25-5-410(1)(i)(II). Intoxicating Liquor: Liberally construed to include intoxicating liquors of every kind and character which now are in use or which in the future may come into use as a beverage, no matter by what name they may be known or called, and no matter how small the percentage of alcohol they may contain and no matter what other ingredients may be used in them. Malt liquors: Includes beer and shall be construed to mean any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar Page 194 of 390 2 products or any combination thereof, in water, containing more than three and two-tenths percent (3.2%) of alcohol by weight or four percent (4%) of alcohol by volume. not less than one-half of one percent alcohol by volume, all in conformance with C.R.S. 44-3-103(30). Medicinal Liquors: Any liquor sold by a duly licensed pharmacist or drug store solely on bona fide doctor's prescription. Medicinal Spirituous Liquors : Any alcohol beverage excepting beer and wine that has been aged in wood for four (4) years and bonded by the United States Government and is at least one hundred (100) proof. Operator: A person licensed by law to sell malt, vinous or spirituous liquors, other than medicinal liquors, for beverage purposes at retail and who is engaged at any time during the calendar year in such operation within the City. Spirituous Liquors: Any alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin, powdered alcohol, and every liquid or solid, patented or not, containing at least one-half of one percent alcohol and which are fit for use for beverage purposes. And containing one-half (½) of one percent (1%) alcohol, by volume and which is fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor, except as above defined, including malt liquors and vinous liquors, and shall not be construed to be fermented malt or malt or vinous liquors, but shall be construed to be spirituous liquor. Vinous Liquors: Includes wine and fortified wines that contain not less than one-half (½) of one percent (1%) alcohol by volume but not exceeding twenty-one percent (21%) of alcohol by volume and shall be construed to mean alcoholic beverages obtained by the fermentation of the natural sugar contents of fruits or other agricultural product containing sugar. 5-3-2: License Required. No person shall manufacture for sale or gift, sell or keep for sale, or permit another to keep for sale or sell, any intoxicating liquor, beer, malt liquor or wine, on any premises owned or controlled by the person, without a duly issued license therefor, all in accordance with Articles 3 (Alcohol Beverages), 4 (Fermented Malt Beverages), and 5 (Liquors) of Title 44, C.R.S. 2018. Section 2. Title 5, Chapter 3A shall be amended as follows: 5-3A-1: Purpose. In pursuance of the authority conferred in Articles 46, 47 and 48 3, 4, and 5, of Title 44, C.R.S. 1973 2018 this article is enacted for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the City by regulating, controlling and licensing the sale of malt, vinous and spirituous liquors and alcohol beverages, fermented malt beverages. 5-3A-3: Englewood Local Liquor and Marijuana Licensing Authority A. Vesting of Authority. The Englewood Local Liquor and Marijuana Licensing Authority (“Local Licensing Authority” or “Authority”), is vested with the authority to grant or refuse Page 195 of 390 3 permits and licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, to conduct investigations as are required by law, and to suspend or revoke such licenses for cause in the manner provided by law. Such Authority shall have all the powers of the Local Licensing Authority, as set forth in Articles 3, 4, and 5, of Title 44, C.R.S. 2018Articles 46, 47 and 48 of Title 12, C.R.S. 1973. B. Delegation of authority to City Clerk. The City Clerk is authorized to act as the Local Licensing Authority for the following Colorado Liquor Code and Colorado Beer Code licensing functions: 1. Processing and issuance of special events permits pursuant to Article 5 of Title 44, C.R.S. 2018Article 48 of Title 12, C.R.S., provided that there are no parties filing a written objection to said permit. 2. Annual Colorado Liquor Code and Colorado Beer Code license renewals, provided that the licensee has not violated any provisions of the Colorado Liquor or Beer Codes and associated regulations during the preceding year. 3. Changes in shareholders, officers, directors or trade names of a licensee, or registration and/or changes in on-site manager, provided that any investigation conducted by the City does not reveal information that may reasonably form the basis of a determination that the applicant is not qualified to hold the respective license. 4. The issuance of temporary permits pursuant to and in compliance with the provisions of C.R.S. 12-47-302 44-3-302, and C.R.S. 12-47-303 44-3-303. A temporary permit fee shall be charged in conjunction with the issuance of each temporary permit. 5. Request to Change, Alter or Modify the Premises as set forth in E.M.C. 5-3A- 8. 6. Tasting permits issued in accordance with C.R.S. 12-47-301(10) C.R.S. 44-3- 301(10) and applicable provisions of the Englewood Municipal Code. 7. Transfer of ownership. The City Clerk may refer any licensing decision authorized under this section to the Local Licensing Authority if, in the Clerk's discretion, the matter should be presented to the Local Licensing Authority. C. Duties of the City Clerk. The City Clerk shall receive all applications for licenses, and shall issue all licenses granted by the Authority, upon receipt of such license fees and taxes as are required by law and this Code. The City Clerk shall serve as the official secretary of the Local Licensing Authority and shall designate a person or persons to provide the necessary secretarial and reporting services for the Local Licensing Authority. The City Clerk or designee shall attend the meetings of the Local Licensing Authority. All public notice shall be made by publication on the City's official website, or in a newspaper designated by City Page 196 of 390 4 Council as the City's official newspaper. All signs required to be posted by the Colorado Liquor Code, shall be made by the City Clerk. 5-3A-5: Notice and Hearing Procedures. A. Public Notice. The authority shall cause to be posted and published public notice of the hearing to be held on the application as provided in Articles 46, 47 and 48 3, 4, and 5, of Title 44, C.R.S. 1973 2018 and the regulations promulgated thereunder. B. Investigation. The application, including any and all investigations performed by the designated representative of the City Manager, shall be received by the authority and applicant at least five (5) days prior to the date of hearing on said application and shall be available to any interested party at least five (5) days prior to the hearing. Petitions shall be presented to the City Clerk three (3) working days before the hearing date. C. Public Hearing. 1. The Licensing Authority shall promulgate rules of procedure for the conduct of all hearings on applications for licenses or for revocation or suspension of licenses. 2. The Licensing Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records necessary to the determination of any hearing which the Licensing Authority is authorized to conduct. It shall be unlawful for any person to fail to comply with any subpoena issued by the authority in the proper conduct of its hearings. The Municipal Court of the City shall enforce the subpoenas of the Licensing Authority, and upon good cause shown, shall enter its orders compelling witnesses to attend and testify or produce books, records or other evidence, and shall impose penalties of punishment for contempt in case of failure to comply with such orders. 3. A subpoena shall be served in the same manner as a subpoena issued by the District Court of the State of Colorado. Upon failure of any witness to comply with such subpoena, the City Attorney shall, at the direction of the authority: a. Petition any judge of the Municipal Court of the City, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, that the court, after hearing evidence in support of or contrary to the petition, enter its order compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of court, or b. Petition the District Court in and for the County of Arapahoe, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, that the court after hearing evidence in support of or contrary to the petition, enter its order as in other civil actions, compelling witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of court. Page 197 of 390 1 5-3A-8: Change in Location, Ownership, Name. A. Location, Ownership or Management of Any Licensed Premises: Any licensee desiring to change location, ownership or management of the licensed premises shall submit an application for said change to the City Clerk, which application shall be in conformity with the Colorado Liquor Code and contained in Articles 46, 47 and 48 3, 4, and 5, of Title 44, C.R.S. 1973 2018 and the ordinances of the City. B. Trade Name or Remodeling: 1. Any licensee desiring to change the trade name of the licensed premises or enlarge, modify, remodel or redecorate any premises licensed herein shall make application to the authority in conformity with the Colorado Liquor Code and contained in Articles 46, 47 and 48 3, 4, and 5, of Title 44, C.R.S. 1973 2018 and the ordinances of the City. 2. Any application to enlarge, modify, remodel or redecorate any premises licensed herein shall include as part of the application a detailed floor plan, including plans and specifications for any changes in both the interior and exterior of said premises. Section 3. Title 5, Chapter 3B shall be amended as follows: 5-3B-2: License Required. Unless otherwise provided by State law, it shall be unlawful for any person within the City to manufacture, sell, or possess for sale any malt, vinous, spirituous liquors or fermented malt beverages unless licensed to do so as provided by both this chapter and applicable provisions of Articles 3, 4, and 5 of Title 44, C.R.S. 2018Title 12, Articles 46, 47, and 48, C.R.S., and said licenses required are in full force and effect and applicable fees and taxes have been paid in full. 5-3B-10: Optional Premises Liquor License and Optional Premises with Hotel/Restaurant Liquor License. A. Standards adopted. The following standards for the issuance of optional premises licenses or for optional premises for a hotel and restaurant license are hereby adopted pursuant to the provisions of C.R.S. § 12-47-310 44-3-310. 1. Standards. These standards adopted herein shall be considered in addition to all other standards applicable to the issuance of licenses under the Colorado Liquor Code for optional premises license or for optional premises for a hotel and restaurant license. These two types of licenses for optional premises will collectively be referred to as "optional premises" in these standards unless otherwise provided. 2. Eligible facilities. An optional premises may only be approved when that premises is located on or adjacent to an outdoor sports and recreational facility as defined in Section 12-47-103(22)(a) 44-3-103(22)(a). The types of outdoor sports and recreational facilities which may be considered for an outdoor premises license include the following: a. Country clubs; b. Golf courses and driving ranges; c. Ice skating arenas; d. Mini golf course; Page 198 of 390 2 e. Swimming pools; and f. Outdoor tennis courts and clubs. There are no restrictions on the minimum size of the outdoor sports and recreational facilities which may be eligible for the approval of an optional premises license. However, the Englewood Liquor Licensing Authority may consider the size of the particular outdoor sports or recreational facility in relationship to the number of optional premises requested for the facility, and may deny any optional premises application if the it considers the related facility to be too small to require an optional premises. 3. Number of optional premises. The Englewood Liquor Licensing Authority, in its discretion, may restrict the number of optional premises which any one licensee may have. Any licensee requesting approval of more than one optional premises shall: a. Explain the reason for each optional premises requested; b. Demonstrate how the optional premises relate to each other from an operational standpoint; c. Demonstrate to the satisfaction of Englewood Liquor Licensing Authority the need for each optional premises in relationship to the outdoor sports and recreational facility and its guests; and d. Demonstrate that the optional premises will not adversely affect the neighborhood in which it is located. 4. Submittal requirements. When submitting a request for the approval of an optional premises initially and annually thereafter, an applicant shall also submit the following: a. An application fee per optional premises and the local and State license fees; b. A map or other drawing illustrating the outdoor sports or recreational facility boundaries and the approximate location of each optional premises requested; c. A legal description of the approximate area within which the optional premises shall be located; d. A description of the method which shall be used to identify the boundaries of the optional premises when it is in use; e. A description of the provisions which have been made for storing vinous and spirituous liquors in a secured area, on or off the optional premises, for the future use of the optional premises; and f. A description of the method which will be used to identify and control the optional premises when it is in use. For example, the applicant may describe the types of signs, fencing or other notices or barriers to be used in order to control the optional premises. B. Advance notification. Pursuant to Section 12-47-310 44-3-310(3) and (4), C.R.S., no alcoholic beverages may be served on an optional premises without the licensee having provided written notice to the State and the Englewood Liquor Licensing Authority. Page 199 of 390 3 C. Notice and hearing procedures. The notice, standards and hearing procedures of the Englewood Municipal Code [section] 5-3A-5 and the Colorado Liquor Code shall be used. 5-3B-11: Definitions. Definitions not specifically enumerated herein shall be as defined in Title 12, Articles 46, 47 and 48, C.R.S. Articles 3, 4, and 5 of Title 44, C.R.S. 2018. Section 4. Title 5, Chapter 3C shall be amended as follows: 5-3C-1: Unlawful to Take Orders, Handle. A. It shall be unlawful for any person to solicit or take any order or orders for any purchase or purchases of intoxicating liquors in any manner whatsoever, except as in this Chapter provided. B. It shall be unlawful for any person to carry on or about his person, or for any person to engage or employ any other person to so carry, in any quantity, any intoxicating liquors for the purpose of selling, bartering, exchanging, giving away or illegally delivering the same in the City. C. Unlawful acts—Exceptions. 1. Except as provided in C.R.S. § 18-12-122 18-13-122, it is unlawful for any person: (a) To sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving or procuring of any alcohol beverage to a visibly intoxicated person or to a known habitual drunkard. (b) To sell, serve, give away, dispose of, exchange or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one (21) years. 5-3C-3: Unlawful to Possess Open Container of Intoxicating Liquor in Public. A. It shall be unlawful for any person to have in his possession or under his control in any public place any intoxicating liquor in any container of any kind or description which is not sealed or on which the seal is broken, notwithstanding any provision of C.R.S. § 12-47- 44-3-423 to the contrary, a licensee described in Subsection 2 may permit a customer of the licensee to reseal and remove from the licensed premises one (1) opened container of partially consumed vinous liquor purchased on the premises so long as the originally sealed container did not contain more than seven hundred fifty (750) milliliters of vinous liquor. 1. The provisions of this section shall apply to a licensee: (a) That is duly licensed as a manufacturer's licensee under Colorado Revised Statutes § 44-3-40212-47-402, a limited winery licensee under § 44-3-40312-47-403, a beer and wine licensee under § 44-3-41112-47-409, a hotel and restaurant licensee under § 44-3-41312-47-411, a tavern licensee under § 44-3-41412-47-412, a brew pub Page 200 of 390 4 licensee under § 44-3-41712-47-415, or a vintner's restaurant licensee under § 44- 3-42212-47-420; and (b) That has meals, as defined in §44-3-103(31)12-47-103(20) available for consumption on the licensed premises. B. It shall be unlawful for any person to have in his possession or under his control any intoxicating liquor in any container of any kind or description which is not sealed or on which the seal is broken, in any vehicle in those areas accessible to the driver and passengers of said vehicle when such vehicle is in a public place. This subsection shall apply to possession of intoxicating liquor in a vehicle, in areas of the vehicle accessible to the driver or passengers, when such vehicle is in a public place. C. Exemption: The Englewood Liquor Licensing Authority may grant a special events permit under the procedures set forth in the liquor code. D. Concerning alcoholic beverages in motor vehicles: 1. Except as otherwise permitted in paragraph 3, a person while in the passenger area of a motor vehicle that is on a public highway of this State or the right-of-way of a public highway of this State may not knowingly: (a) Drink an alcoholic beverage; or (b) Have in his or her possession an open alcoholic beverage container. 2. The provisions of this Section (D) shall not apply to: (a) Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed, maintained or used primarily for the transportation of persons for compensation; (b) The possession by a passenger, other than the driver or front seat passenger, of an open alcoholic beverage container in the living quarters of a house coach, house trailer, motor home, as defined in C.R.S. § 42-1-102(57), or trailer coach, as defined in C.R.S. § 42-1-102(106)(a); (c) The possession of an open alcoholic beverage container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk; or (d) The possession of an open alcoholic beverage container in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk. 3. A person who violates the provisions of this Section (D) commits a traffic violation and shall be punished pursuant to the Englewood Municipal Code. E. Definitions. For purposes of this Section: Alcoholic Beverage : Means a beverage as defined in 23 CFR 1270.3(a). Container: Includes, but is not limited to, any decanter, bottle, can, jar, thermos bottle or jug. Page 201 of 390 5 Motor Vehicle : Means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways but does not include a vehicle operated exclusively on a rail or rails. Open Alcoholic Beverage Container : Means a bottle, can or other receptacle that contains any amount of alcoholic beverage and: (a) That is open or has a broken seal; or (b) The contents of which are partially removed. Passenger Area : Means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in his or her seating position, including, but not limited to, the glove compartment. Public Place: Property either owned or controlled by a governmental entity, and shall include any place open to the general public, either free or by payment of an entrance fee, any sidewalk, street, alley, parking lot, park, poolroom, field house, stadium or ball park. Seal: Includes the regular and original tax seal applied by order of the United States government over the cap of each and every container of intoxicating beverages. 5-3C-5: Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person. A. Definitions: For the purpose of this Section the following definitions apply unless the context otherwise requires: Establishment: A business, firm, enterprise, service or fraternal organization, club, institution, entity, group, or residence, and any real property, including buildings and improvements, connected therewith, and shall also include any members, employees, and occupants associated therewith. Ethyl Alcohol: Any substance which is or contains ethyl alcohol. Possession of Ethyl Alcohol: Means that a person has or holds any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his immediate presence and control. Private Property: Any dwelling and its curtilage which is being used by a natural person or natural persons for habitation and which is not open to the public and privately owned real property which is not open to the public. "Private property" shall not include: 1. Any establishment which has or is required to have a license pursuant to Article 46, 47, or 48 of Title 12, C.R.S. Articles 3, 4, and 5 of Title 44, C.R.S. 2018; 2. Any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold; or 3. Any establishment which leases, rents, or provides accommodations to members of the public generally. B. 1. Any person under twenty-one (21) years of age who possesses or consumes ethyl alcohol commits illegal possession or consumption of ethyl alcohol by an underage person. Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense. Page 202 of 390 6 C. It shall be an affirmative defense to the offense described in subsection B of this Section that the ethyl alcohol was possessed or consumed by a person under twenty-one (21) years of age under the following circumstances: 1. While such person was legally upon private property with the knowledge and consent of the owner or legal possessor of such private property and the ethyl alcohol was possessed or consumed with the consent of his parent or legal guardian who is present during such possession or consumption; or 2. When the existence of ethyl alcohol in a person's body was due solely to the ingestion of a confectionery which contained ethyl alcohol within the limits prescribed by Section 18- 13-122(5)(b)25-5-410(1)(I)(II), C.R.S., or the ingestion of any substance which was manufactured, designed, or intended solely for medicinal or hygienic purposes, or solely from the ingestion of a beverage which contained less than one-half of one percent (.5%) of ethyl alcohol by weight. D. The possession or consumption of ethyl alcohol shall not constitute a violation of this Section if such possession or consumption takes place for religious purposes protected by the First Amendment to the United States Constitution. E. Prima facie evidence of a violation of subsection B of this Section shall consist of: 1. Evidence that the defendant was under the age of twenty-one (21) years and possessed or consumed ethyl alcohol anywhere in this State; or 2. Evidence that the defendant was under the age of twenty-one (21) years and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment. F. During any trial for a violation of subsection B of this Section, any bottle, can, or any other container with labeling indicating the contents of such bottle, can, or container shall be admissible into evidence and shall not constitute hearsay. A jury or a judge, whichever is appropriate, may consider the information upon such label in determining whether the contents of the bottle, can, or other container were composed in whole or in part of ethyl alcohol. A label which identifies the contents of any bottle, can, or other container as "beer," "ale," "malt beverage," "fermented malt beverage," "malt liquor," "wine," "champagne," "whiskey," or "whisky," "gin," "vodka," "tequila," "schnapps," "brandy," "cognac," "liqueur," "cordial," "alcohol," or "liquor" shall constitute prima facie evidence that the contents of the bottle, can, or other container was composed in whole or in part of ethyl alcohol. G. A parent or legal guardian of a person under twenty-one (21) years of age or any natural person who has the permission of such parent or legal guardian, may give, or permit the possession and consumption of, ethyl alcohol to or by a person under the age of twenty-one (21) years under the conditions described in paragraph 1 of subsection C of this Section. This subsection G shall not be construed to permit any establishment which is or is required to be licensed pursuant to Article 46, 47, or 48 of Title 12, C.R.S. Articles 3, 4, and 5 of Title 44, C.R.S. 2018, or any members, employees, or occupants of any such establishment to give, provide, make available, or sell ethyl alcohol to a person under twenty-one (21) years of age. H. Nothing in this Section shall be construed to limit or preclude prosecution for any offense pursuant to Article 46, 47, or 48 of Title 12, C.R.S. Articles 3, 4, and 5 of Title 44, C.R.S. 2018, except as provided in such Articles. Page 203 of 390 7 I. The qualitative result of an alcohol test or tests shall be admissible at the trial of any person charged with a violation of subsection B of this Section upon a showing that the device or devices used to conduct such test or tests have been approved as accurate in detecting alcohol by the Executive Director of the Department of Health. J. Official records of the Department of Health relating to the certification of breath test instruments, certification of operators and operator instructors of breath test instruments, certification of standard solutions, and certification of laboratories shall be official records of the State. Copies of such records, attested by the Executive Director of the Department of Health or his deputy and accompanied by a certificate bearing the official seal for said Department, which state that the Executive Director of the Department has custody of such records, shall be admissible in Court and shall constitute prima facie evidence of the information contained in such records. The official seal of the Department described in this subsection may consist of a rubber stamp producing a facsimile of the seal stamped upon the document. K. In any judicial proceeding in the Englewood Municipal Court concerning a charge under subsection B of this Section, the Court shall take judicial notice of methods of testing a person's blood, breath, saliva or urine for the presence of alcohol and of the design and operation of devices certified by the Department of Health for testing a person's blood, breath, saliva, or urine for the presence of alcohol. This subsection K shall not prevent the necessity of establishing during a trial that the testing devices were working properly and that such testing devices were properly operated. Nothing in this subsection K shall preclude a defendant from offering evidence concerning the accuracy of testing devices. Section 5. 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. 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 19th day of November, 2018. Page 204 of 390 8 Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of November, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of November, 2018 for thirty (30) days. Linda Olson, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of November, 2018. Stephanie Carlile Page 205 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie McKinnon DEPARTMENT: City Clerk's Office DATE: November 19, 2018 SUBJECT: CB 45 - Marijuana Code Update DESCRIPTION: CB 45 - Marijuana Code Update RECOMMENDATION: Staff request City Council approve Council Bill 45 - to update the City of Englewood's Municipal Code and bring it into alignment with State Statutes. PREVIOUS COUNCIL ACTION: No previous action has been taken by City Council regarding this item. SUMMARY: The Colorado State Legislature passed House Bill 18-1023 which relocated non-substantive laws related to the legalization of marijuana from Title 12, Colorado Revised Statutes, to a new Title 44 as part of the organization re-codification of Title 12. The code update will put the City of Englewood's Municipal Code in alignment with State Statutes. ANALYSIS: None. FINANCIAL IMPLICATIONS: None. ALTERNATIVES: There are no alternatives. ATTACHMENTS: Council Bill 45 Page 206 of 390 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 45 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 3E, SECTIONS ALL OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO REMOVE STATUTORY CITATIONS TO SUPERSEDED STATUTES AND INSERT STATUTORY CITATIONS TO CURRENT STATUTES. WHEREAS, The Colorado State Legislature passed House Bill 18-1023 concerning the nonsubstantive relocation of laws related to the legalization of marijuana from Title 12, Colorado Revised Statutes, to a new Title 44, as part of the organizational recodification of Title 12; and WHEREAS, The Englewood Municipal Code includes statutory citations to State Statutes within its Title 5, Chapter 3, Article E, regarding recreational marijuana. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title 5, Chapter 3D shall be amended as follows: 5-3D-2: Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority shall grant or refuse local licenses for the cultivation, manufacture, distribution, and sale of Medical Marijuana as provided by law; suspend, fine, restrict, or revoke such licenses upon a violation of this Title, or a rule promulgated pursuant to this Title; and may impose any penalty authorized by this Title or any rule promulgated pursuant to this Title. The Local Licensing Authority may take action with respect to a registration or a license pursuant to this Title, and in accordance with the procedures established pursuant to this Title. B. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the cultivation, manufacture, distribution, and sale of Medical Marijuana and for the enforcement of this Chapter. C. The Local Licensing Authority hereby adopts the minimum licensing requirements of Article 43.3 11 of Title 12 44 C.R.S. when issuing a License. D. In addition to all other standards applicable to the issuance of licenses under this Code, the Local Licensing Authority hereby adopts additional standards for the issuance of Medical Marijuana Center, Medical Marijuana Optional Premises Cultivation Operation, or Medical Marijuana-Infused Products Manufacturer Licenses consistent with the intent of Article 43.3 11 of Title 12 44 C.R.S. and this Code as follows: 1. Distance restrictions between premises in or out of City limits for which Local Licenses are issued; Page 207 of 390 2 (a) If the building in which Medical Marijuana is to be cultivated, manufactured or sold is located within two thousand feet (2,000') of a school, an alcohol or drug treatment facility, or the principal campus of a college, university, seminary, or a residential child care facility or within two thousand five hundred feet (2,500') of an existing licensed Medical Marijuana Center, Medical Marijuana-Infused Products Manufacturer or Medical Marijuana Optional Premises Cultivation Operation. The provisions of this Section shall not affect the renewal or re-issuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality; nor shall the provisions of the Section apply to existing licensed premises on land owned by the State, or apply to a license in effect and actively doing business before said principal campus was constructed. (b) The distances referred to in this Title are to be computed by direct measurement from the nearest property line of the land used for a school or campus to the nearest portion of the building in which Medical Marijuana is to be sold, cultivated or infused, using a route of direct pedestrian access. (c) After April 20, 2015, Medical Marijuana Licensed Premises shall be limited to the following locations but shall otherwise be exempt from the distance limitations of this Chapter: • 4695 South Windermere Street, Units A & B • 4332 South Broadway • 11 West Hampden Avenue, Suite 102 • 5005 South Federal Boulevard 2. Reasonable restrictions on the size of an applicant's Licensed Premises. (a) All Medical Marijuana Optional Premises Cultivation Operations shall not exceed five thousand (5,000) square feet. 3. Any other requirements necessary to ensure the control of the premises and the ease of enforcement of the terms and conditions of the License. (a) Any cultivation or manufacture of Medical Marijuana within a Multi-Tenant building shall have a heating, ventilation and air conditioning system separate from the rest of the building. 5-3D-3: Definitions. Any word or term used that is defined in Article XVIII, Section 14 (1)(f) of the Colorado Constitution; in § 25-1.5-101 et seq. C.R.S. or in the Colorado Medical Marijuana Code, § 12- 43.3-101 44-11-101 et seq. C.R.S. shall have the same meaning that is ascribed to such word or term in those Constitutional provisions or C.R.S. sections unless the definition is amended by this section. Direct Measurement: means a straight line from the nearest property line of the school or campus to the nearest portion of the building used for medical marijuana. Page 208 of 390 3 Good Cause: for purposes of refusing or denying a license renewal, reinstatement, or initial license issuance means: 1. The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of Article 43.3 11 of Title 12 44 C.R.S., and rules promulgated pursuant to this Title, or any supplemental local law, rules, or regulations; 2. The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license pursuant to an order of the State or Local Licensing Authority; 3. The licensed premises have been operated in a manner that adversely affects the public health, welfare or the safety of the immediate neighborhood in which the establishment is located. Evidence to support such a finding may include: a. A continuing pattern of offenses against the public peace, as defined in Title 7 of this Code. b. A continuing pattern of drug-related criminal conduct within the premises or in the immediate area. c. A continuing pattern of criminal conduct directly related to or arising from the facility. 4. The licensed premises will impair the use or development of adjacent conforming properties or alter the essential character of the neighborhood. License: means to grant a license or registration pursuant to this Title. Licensed Premises: means the premises specified in an application for a license under this Title, which are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, or sell Medical Marijuana in accordance with the provisions of Article 43.3 11 of Title 12 44 C.R.S. Licensee: means a person licensed or registered pursuant to Article 43.3 11 of Title 12 44 C.R.S. and this Title. Local Licensing Authority: means the Englewood Local Liquor and Medical Marijuana Licensing Authority. Local Licensing Official: means the Director of Finance and Administrative Services or designee. Location: means a particular parcel of land that may be identified by an address or other descriptive means. Medical Marijuana: means Marijuana that is grown and/or sold pursuant to the provisions of § 106 of Article 1.5 of Title 12 44 C.R.S.; Article 43.3 11 of Title 12 44 C.R.S. and for a purpose authorized by Section 14 of Article XVIII of the State Constitution. Medical Marijuana Center: means a person licensed pursuant to Article 43.3 11 of Title 12 44 C.R.S. to operate a business as described in Article 43.3 11 of Title 12 44 C.R.S. that sells Medical Marijuana to registered patients or Primary Care-Givers as defined in Section 14 of Article XVIII of the State Constitution, but is not a Primary Care-Giver. Medical Marijuana-Infused Product: means a product infused with Medical Marijuana that is intended for use or consumption other than by smoking, including, but not limited to, edible Page 209 of 390 4 products, ointments, and tinctures. These products, when manufactured or sold by a licensed Medical Marijuana Center or a Medical Marijuana-Infused Product Manufacturer, shall not be considered a food or drug for the purposes of the "Colorado Food and Drug Act", Part 4 of Article 5 of Title 25, C.R.S. Medical Marijuana-Infused Product Manufacturer: A person licensed pursuant to Article 43.3 11 of Title 12 44C.R.S. to operate a business as described in Article 43.3 11 of Title 12 44 C.R.S. Medical Marijuana Optional Premises Cultivation Operation: means the premises specified in an application for a Medical Marijuana Center License with related growing facilities in Colorado for which the Licensee is authorized to grow and cultivate Marijuana for a purpose authorized by Section 14 of Article XVIII of the State Constitution. Multi-Tenant Building: A building that is or can be occupied by more than one tenant. Patient: a person who meets the definition of patient under Article XVIII, Section 14 (1)(d) of the Colorado Constitution and applicable law or regulation. Person: means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof. Premises: means a distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area. Primary Care-Giver: In addition to the definitions set forth in Section 14(1) (f) of Article XVIII of the State Constitution, as used in Article 43.3 11 of Title 12 44 C.R.S., unless the context otherwise requires, "Primary Care-Giver" means a natural person, or as may be more fully defined in any applicable Federal or State law or regulation. School: means a public or private preschool or a public or private elementary, middle, junior high, or high school, college or campus of a college. Smoking: means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco or Medical Marijuana as defined by Article 43.3 11 of Title 12 44 C.R.S. State Licensing Authority: means the Authority created for the purpose of regulating and controlling the Licensing of the cultivation, manufacture, distribution, and sale of Medical Marijuana in this State, pursuant to Article 43.3 11 of Title 12 44 C.R.S. 5-3D-9: Persons Prohibited as Licensees. The Local Licensing Authority hereby adopts the provisions and restrictions set forth in 12- 43.4-307 44-12-307 C.R.S. 5-3D-10: Restrictions for Applications for New Licenses. A. The Local Licensing Authority shall not receive or act upon an application for the issuance of a State or Local License pursuant to this Title. 1. If the application for a State or Local License concerns a particular location that is the same as or within one thousand feet (1,000') of a location for which, within the two (2) years immediately preceding the date of the application, the State or a Local Licensing Page 210 of 390 5 Authority denied an application for the same class of license due to the nature of the use or other concern related to the location; 2. Until it is established that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises; 3. For a location in an area where the cultivation, manufacture, and sale of Medical Marijuana as contemplated is not permitted under the applicable zoning laws. 4. a. If the building in which Medical Marijuana is to be cultivated, manufactured or sold, is located within two thousand feet (2,000') of a school, an alcohol or drug treatment facility, or the campus of a college, university, seminary, or a residential child care facility or within two thousand five hundred feet (2,500') of an existing licensed Medical Marijuana Center, Medical Marijuana-Infused Products Manufacturer or Medical Marijuana Optional Premises Cultivation Operation. The provisions of this Section shall not affect the renewal or re-issuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality; nor shall the provisions of the Section apply to existing licensed premises on land owned by the State, or apply to a license in effect and actively doing business before said principal campus was constructed. b. In addition to the requirements of Section 12-43.3-303(2) 44-11-303(2) C.R.S., the Local Licensing Authority shall consider the evidence and make a specific finding of fact as to whether the building in which the Medical Marijuana is to be sold is located within any distance restrictions established by or pursuant to this Paragraph 4. c. The distances referred to in this Title are to be computed by direct measurement from the nearest property line of the land used for a school or campus to the nearest portion of the building in which Medical Marijuana is to be sold, using a route of direct pedestrian access. 5-3D-11: Transfer of Ownership. A. A State or Local License granted under the provisions of this Title shall not be transferable except as provided in this Section, but this Section shall not prevent a change of location as provided in Section 12-43.3-310(13) 44-11-310(13) C.R.S. B. For a transfer of ownership, a License Holder shall apply to the State and Local Licensing Authorities on forms prepared and furnished by the State Licensing Authority. In determining whether to permit a Transfer of Ownership, the Local Licensing Authority shall consider only the requirements of this Title, any rules promulgated by the State or Local Licensing Authority, and any other local restrictions. The Local Licensing Authority may hold a hearing on the Application for the Transfer of Ownership. The Local Licensing Authority shall not hold a hearing until the Local Licensing Authority has posted a notice of hearing in the manner described in Section 12-43.3-302(2) 44-11-302(2) C.R.S. on the Licensed Medical Marijuana Center premises for a period of ten (10) days and has provided notice of the hearing to the applicant at least ten (10) days prior to the hearing. Any transfer of ownership hearing by the Local Licensing Authority shall be held in compliance with the requirements specified in Section 12-43.3-302 44-11-302 C.R.S. Page 211 of 390 6 5-3D-12: Licensing in General. The Local Licensing Authority adopts the provisions and restrictions set forth in 12-43.3-310 44-11-310 C.R.S. and Title 5 Chapter 1 EMC. 5-3D-13: Licensing Renewal. A. Ninety (90) days prior to the expiration date of an existing License, the State Licensing Authority shall notify the Licensee of the expiration date by First Class Mail at the Licensee's address of record with the State Licensing Authority. A Licensee shall apply for the renewal of an existing License to the Local Licensing Authority not less than forty-five (45) days and to the State Licensing Authority not less than thirty (30) days prior to the date of expiration. A Local Licensing Authority shall not accept an application for renewal of a License after the date of expiration, except as provided in Subsection B of this Section. The State Licensing Authority may extend the expiration date of the License and accept a Late Application for Renewal of a License provided that the applicant has filed a timely renewal application with the Local Licensing Authority. All renewals filed with the Local Licensing Authority and subsequently approved by the Local Licensing Authority shall next be processed by the State Licensing Authority. The State or the Local Licensing Authority, in its discretion, subject to the requirements of this Title and based upon reasonable grounds, may waive the forty-five (45) day or thirty (30) day time requirement set forth in this Title. The Local Licensing Authority may hold a hearing on the application for renewal only if the Licensee has had complaints filed against it; and has a history of violations; or there are allegations against the Licensee that would constitute good cause. The Local Licensing Authority shall not hold a renewal hearing provided for by this Title for a Medical Marijuana Center until it has posted a notice on the Licensed Medical Marijuana Center premises in the manner described in Section 12-43.3-302(2) 44-11-302(2) C.R.S. for a period of ten (10) days and provided notice to the Applicant at least ten (10) days prior to the hearing. The Local Licensing Authority may refuse to renew any License for good cause, subject to Judicial Review. B. 1. Notwithstanding the provisions of Subsection A of this Section, a Licensee whose License had been expired for not more than ninety (90) days may file a Late Renewal Application upon the payment of a Nonrefundable Late Application Fee of Five Hundred Dollars ($500.00) to the Local Licensing Authority. A Licensee who files a Late Renewal Application and pays the requisite fees may continue to operate until both the State and Local Licensing Authorities have taken final action to approve or deny the Licensee's Late Renewal Application unless the State or Local License Authority summarily suspends the License pursuant to Article 4 of Title 24, C.R.S., this Title, and rules promulgated pursuant to this Title. 2. The State and Local Licensing Authorities may not accept a Late Renewal Application more than ninety (90) days after the expiration of a Licensee's Permanent Annual License. A Licensee whose Permanent Annual License has been expired for more than ninety (90) days shall not cultivate, manufacture, distribute, or sell any Medical Marijuana until all required Licenses have been obtained. 3. Notwithstanding the amount specified for the Late Application Fee, the State and Local Licensing Authority by rule or as otherwise provided by law may, in its discretion, reduce the amount of the fee. Page 212 of 390 1 5-3D-17: Disciplinary Actions: Suspension—Revocation—Fines. A. In addition to any other sanctions prescribed by the State Licensing Authority or the Local Licensing Authority has the power, on its own motion or on complaint, after investigation and opportunity for a Public Hearing at which the Licensee shall be afforded an opportunity to be heard; to suspend or revoke a License issued by the respective authority for a violation by the Licensee or by any of the agents or employees of the Licensee of the provisions of this Title, or any other terms, conditions, or provisions of the License issued by the State or Local Licensing Authority. The State Licensing Authority or a Local Licensing Authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a Hearing. B. The State or Local Licensing Authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required Notice of the Hearing pursuant to this Title, by mailing the same in writing to the Licensee at the address contained in the License. Except in the case of a Summary Suspension, a suspension shall not be for a longer period than six (6) months. If a License is suspended or revoked, a part of the fees paid therefore shall not be returned to the Licensee. Any License or Permit may be summarily suspended by the issuing Licensing Authority without Notice pending any prosecution, investigation, or Public Hearing pursuant to the terms of Section 24-4-104(4), C.R.S. or this Title. Nothing in this Section shall prevent the Summary Suspension of a License pursuant to Section 24-4-104(4), C.R.S. Each patient registered with a Medical Marijuana Center that has had its License Summarily Suspended may immediately transfer his or her Primary Center to another Licensed Medical Marijuana Center. C. 1. Whenever a decision of the State Licensing Authority or the Local Licensing Authority suspending a License for fourteen (14) days or less becomes final, the Licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having the License suspended for all or part of the suspension period. Upon the receipt of the petition, the State or Local Licensing Authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition if the State or Local Licensing Authority is satisfied that: a. The public welfare and morals would not be impaired by permitting the Licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; b. The books and records of the Licensee are kept in such a manner that the loss of sales that the Licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy; and c. The Licensee has not had his or her License suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the Motion or Complaint that resulted in a final decision to suspend the License. 2. The fine accepted shall be not less than five hundred dollars ($500.00) nor more than one hundred thousand dollars ($100,000.00). Page 213 of 390 2 3. Payment of a fine shall be in the form of cash or in the form of a certified check or cashier's check made payable to the State or Local Licensing Authority, whichever is appropriate. D. Upon payment of the fine, the State or Local Licensing Authority shall enter its further order permanently staying the imposition of the suspension. If the fine is paid to a Local Licensing Authority, the governing body of the Authority shall cause the moneys to be paid into the General Fund of the Local Licensing Authority. Fines paid to the State Licensing Authority shall be transmitted to the State Treasurer who shall credit the same to the Medical Marijuana License Cash Fund created in Section 12-43.3-501 44-11-501C.R.S. E. In connection with a petition, the Authority of the State or Local Licensing Authority is limited to the granting of such stays as are necessary for the Authority to complete its investigation and make its findings and if the Authority makes such findings, to the granting of an Order permanently staying the imposition of the entire suspension or the portion of the suspension not otherwise conditionally stayed. F. If the State or Local Licensing Authority does not make the findings required in this Section and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the State or Local Licensing Authority. G. Each Local Licensing Authority shall report all actions taken to impose fines, suspensions, and revocations to the State Licensing Authority in a manner required by the State Licensing Authority. No later than January 15 of each year, the State Licensing Authority shall compile a report of the preceding year's actions in which fines, suspensions, or revocations were imposed by Local Licensing Authorities and by the State Licensing Authority. The State Licensing Authority shall file one copy of the report with the Chief Clerk of the House of Representatives, one copy with the Secretary of the Senate; and six copies in the Joint Legislative Library. Section 2. Title 5, Chapter 3E shall be amended as follows: 5-3E-1: Purpose. A. The Englewood City Council hereby declares that this Chapter shall be deemed an exercise of the police powers of the City for the protection of the economic and social welfare and the health, peace, and morals of the people of the City. B. The City further declares that it is unlawful to cultivate, manufacture, distribute, or sell Retail Recreational Marijuana, except in compliance with the terms, conditions, limitations, and restrictions set forth in this Chapter and Section 16 of Article XVIII of the State Constitution and Article 43.4 12 of Title 1244, C.R.S., the Colorado Retail Marijuana Code. 5-3E-2: Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority shall grant or refuse local Licenses for the distribution and sale of Retail Marijuana as provided by law; suspend, fine, restrict, or revoke such Licenses upon a violation of this Chapter or a rule promulgated pursuant to this Chapter; and may impose any penalty authorized by the Chapter or any rule promulgated pursuant to this Chapter, the Local Licensing Authority may take action with respect to a License pursuant to this Title, and in accordance with the procedures established pursuant to this Chapter and in Title 5. Page 214 of 390 3 B. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the distribution and sale of Retail Marijuana and for the enforcement of this Chapter. C. The Local Licensing Authority hereby adopts the minimum licensing requirements of Article 43.4 12 of Title 1244, C.R.S., to apply to the issuance of a Retail Marijuana Store License. D. On and after January 1, 2017, the Local Licensing Authority shall begin receiving and processing applications under this Chapter. The Local Licensing Authority is authorized to administratively approve any License application under this Chapter so long as the conditions set forth in the Chapter are met and the applicant has paid the operating fee and any other fees required by this Chapter. E. Prior to January 1, 2019, the Local Licensing authority may receive and process applications for a Retail Marijuana Store pursuant to Section 5-3E-4 of this Chapter only if the applicant is a Medical Marijuana Center duly licensed as of June 1, 2016 under 5-3D-1, et seq., of the Englewood Municipal Code 2000. 5-3E-3: Definitions. Any word or term used that is defined in any of the following provisions shall have the same meaning that is ascribed to such word or term as used in the following provisions: Article XVIII, Section 16(2) of the Colorado Constitution; the Colorado Retail Marijuana Code, C.R.S. §12-43.4- 101 44-12-101, et seq.; Article XVIII, Section 14(1)(b-j) of the Colorado Constitution; or the Colorado Medical Marijuana Code, C.R.S. §12-43.3.101 44-11-101, et seq. Colorado Medical Marijuana Code: Article 43.311 of Title 1244 of the Colorado Revised Statutes, as amended, and any regulations promulgated thereto. Colorado Retail Marijuana Code: Article 43.4 12 of Title 1244 of the Colorado Revised Statues, as amended, and any regulations promulgated thereto. Direct Measurement: A straight line from the nearest property line of the school or campus to the nearest portion of the building used for retail marijuana. Good Cause: For purposes of refusing or denying a License renewal, reinstatement, or initial License issuance means: 1. The Licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of Article 43.4 12 of Title 1244 C.R.S., and rules promulgated pursuant to the CRMC, or any supplemental local law, rules, or regulations; 2. The Licensee or applicant has failed to comply with any special terms or conditions that were placed on its License pursuant to an order of the State of Local Licensing Authority; 3. The Licensed Premises have been operated in a manner that adversely affects the public health, welfare or the safety of the immediate neighborhood in which the establishment is located. Evidence to support such a finding may include: a. A continuing pattern of offenses against the public peace, as defined in Title 7 of this Code. Page 215 of 390 4 b. A continuing pattern of criminal conduct under state or local law directly related to or arising from the Licensed Premises. License: A license or registration granted pursuant to this Chapter. Licensed Premises: The premises specified in an application for a License under this Chapter, which are owned or in possession of the Licensee and within which the Licensee is authorized to distribute, or sell Retail Marijuana in accordance with the provisions of the Colorado Retail Marijuana Code. Licensee: A person licensed or registered pursuant to the Colorado Retail Marijuana Code and this Chapter. Local Licensing Authority: The Englewood Local Liquor and Marijuana Licensing Authority. Local Licensing Official: The Director of Finance and Administrative Services or designee. Location: A particular parcel of land that may be identified by an address or other descriptive means. Multi-Tenant Building: A building that is or can be occupied by more than one (1) tenant. Person: A natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof. Premises: A distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area. School: A public or private preschool or a public or private elementary, middle, junior high, or high school, college or principal campus of a college. State Licensing Authority: The Authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of Medical and Retail Marijuana in the State, pursuant to Articles 43.3 11 and 43.4 12 of Title 1244 C.R.S. 5-3E-4: Applications - Licenses. A. Eligibility for License. A Medical Marijuana Center who is duly licensed under Chapter 3D of the Code and the Colorado Medical Marijuana Code as of June 1, 2016 shall be permitted to convert to a Retail Marijuana Store or co-locate a Retail Marijuana Store with its Medical Marijuana Center by complying with the requirements of Title 5, Chapter 3D of the Englewood Municipal Code for a renewal of a marijuana license and by submitting an application as provided in Subsection 5-3E-4(C). B. An applicant for a Retail Marijuana Store License under this Section 5-3E-4 may either: 1) surrender its existing Medical Marijuana Center License upon receipt of a Retail Marijuana Store License, thereby entirely converting an existing Medical Marijuana Center to a Retail Marijuana Store; or 2) retain its existing Medical Marijuana Center License while co-locating a Retail Marijuana Store at the same location as permitted by 12-43.3-104 44-11-104 of the Colorado Retail Marijuana Code. Page 216 of 390 5 C. Application Forms. An application for a License shall be filed with the Local Licensing Authority on forms provided by the State and Local Licensing Authority. The application shall contain such information as the State and Local Licensing Authority may require. Each application shall be verified by the oath or affirmation of the persons prescribed by the State and Local Licensing Authority. Upon receipt of notice from the State Licensing Authority of the application for a license under 12-43.4-301 44-12-301 of the Colorado Retail Marijuana Code, the Local Licensing Authority shall determine whether the applicant qualifies for a License under this Chapter 5-3E. The Local Licensing Authority shall notify the State and the Applicant in writing of its determination as to whether the applicant qualifies for a License as a Retail Marijuana Store no later than forty-five (45) days from the date the application was originally received by the Local Licensing Authority. D. Other Requirements. An applicant shall file, at the time of application for a License, plans and specifications for the interior of the building. 5-3E-5: Denial of Application. A. The Local Licensing Authority shall deny a Local License if the premises on which the applicant proposes to conduct its business do not meet the requirements of this Title or for good cause. B. If the Local Licensing Authority denies a Local License, the Applicant shall be entitled to a hearing pursuant to this Title. The Local Licensing Authority shall provide written notice of the grounds for denial of the Local License to the applicant. C. If an application is denied, the Licensing Authority shall set forth in writing the grounds for denial. 5-3E-6: Persons Prohibited as Licensees. The Local Licensing Authority hereby adopts the provisions and restrictions set forth in 12- 43.4-306 44-12-305 of the Colorado Retail Marijuana Code. 5-3E-7: Restrictions for Applications for Retail Marijuana Store Licenses. A. The Local Licensing Authority shall not receive or act upon an application for the issuance of a State or Local License pursuant to this Title: 1. Until it is established that the applicant is, or will be entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises; 2. Where the location is an area where the sale of Retail Marijuana as contemplated is not permitted under the applicable zoning laws: a. If the building in which Retail Marijuana is to be sold is located within: (i) two thousand (2,000) feet of a school, an alcohol or drug treatment facility, or a licensed child care facility, (ii) within two thousand five hundred (2,500) feet of a licensed Page 217 of 390 6 Retail Marijuana Store or Medical Marijuana Business existing at the time of application; or (iii) within one hundred (100) feet of any residential dwelling unit in the City. The provisions of this Section shall not apply to a Retail Marijuana converted from or co-located with a Medical Marijuana Center under common ownership as permitted under Section 5-3E-4, or to any facility that has been previously licensed as a Medical Marijuana Business under the Code. The provisions of this Section shall not affect the renewal or re-issuance of a License once granted or apply to Licensed Premises located or to be located on land owned by a municipality; nor shall the provisions of this Section apply to existing Licensed Premises on land owned by the State, or apply to a License in effect and actively doing business before said principal campus was constructed. b. In addition to the requirements of C.R.S. §12-43.4-301 44-12-301, the Local Licensing Authority shall consider the evidence and make a specific finding of fact as to whether the building in which the Retail Marijuana is to be sold is located within any distance restrictions established by, or pursuant to, this paragraph 2. c. The distances referred to in this Title are to be computed by direct measurement from the nearest property line of the land used for a school, licensed childcare facility, residential dwelling unit, or existing Retail Marijuana Store or Medical Marijuana Business to the nearest portion of the Retail Marijuana Store, using a route of direct pedestrian access. d. The City Council may at its discretion decrease, but not increase, the distances referred to in Subsection 5-3E-7(A)(2)(a). 5-3E-8: Transfer of Ownership. A. A state or Local License granted under the provisions of this Title shall not be transferable except as provided in this Section, but this Section shall not prevent a change of location as provided in C.R.S. §12-43.4-309 44-12-309. B. For a transfer of ownership, a License Holder shall apply to the State and Local Licensing Authorities on forms prepared and furnished by the State Licensing Authority. In determining whether to permit a transfer of ownership, the Local Licensing Authority shall consider only the requirements of this Title, any rules promulgated by the State or Local Licensing Authority, and any other local restrictions. 5-3E-9: Review and Approval of License. The Local Licensing Authority adopts the provisions and restrictions set forth in C.R.S. §12- 43.4-309 44-12-309 and Title 5, Chapter 1 of the Englewood Municipal Code. 5-3E-10: Licensing Renewal. A. A Licensee shall apply for the renewal of an existing License to the Local Licensing Authority not less than forty-five (45) days prior to the date of expiration. A Local Licensing Page 218 of 390 7 Authority shall not accept an application for renewal of a License after the date of expiration, except as provided in Subsection (B) of this Section. The State Licensing Authority may extend the expiration date of the License and accept a late application for renewal of a License provided that the applicant has filed a timely renewal application with the Local Licensing Authority. All renewals filed with the Local Licensing Authority and subsequently approved by the Local Licensing Authority shall next be processed by the State Licensing Authority. The Local Licensing Authority, in its discretion, subject to the requirements of this Title and based upon reasonable grounds, may waive the forty-five (45) day time requirement set forth in this Title. The Local Licensing Authority may hold a hearing on the application for renewal only if: the Licensee has had written, verifiable complaints filed against it by the State or Local Licensing Authority: and has a history of violations as evidenced by a written determination by the State or Local Licensing Authority; or there are formal allegations against the Licensee that would constitute good cause. The Local Licensing Authority shall not hold a renewal hearing provided for by this Title for a Retail Marijuana Store until it has posted a notice on the Licensed Retail Marijuana Store premises in the manner described in C.R.S. §12-43.4-302 44-12-302 for a period not less than ten (10) days and provide notice to the Applicant at least ten (10) days prior to the hearing. The Local Licensing Authority may refuse to renew any License for good cause only after a hearing, subject to judicial review. B. 1. Notwithstanding the provisions of subsection (A) of this Section, a Licensee whose License had been expired for not more than ninety (90) days may file a late renewal application upon the payment of a nonrefundable late application fee of five hundred dollars ($500.00) to the Local Licensing Authority. A Licensee who files a late renewal application and pays the requisite fees may continue to operate until both the State and Local Licensing Authorities have taken final action to approve or deny the Licensee's Late Renewal Application. 2. The Local Licensing Authority will not accept a Late Renewal Application more than ninety (90) days after the expiration of a License. If a former Licensee files a renewal application after ninety (90) days from date of expiration, the application will be treated as a new license application. A former Licensee whose License has been expired for more than ninety (90) days shall not cultivate, manufacture, distribute, or sell any Retail Marijuana until all required Licenses have been obtained. 3. Notwithstanding the amount specified for the late application fee, the State and Local Licensing Authority by rule or as otherwise provided by law may, in its discretion, reduce the amount of the fee. 5-3E-14: Disciplinary Actions: Suspension—Revocation—Fines. A. In addition to any other sanctions prescribed by the State Licensing Authority, the Local Licensing Authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the Licensee shall be afforded an opportunity to be heard; to suspend or revoke a License issued by the Local Licensing Authority for a violation by the Licensee or by any of the agents or employees of the Licensee of the provisions of this Title, or any other terms, conditions, or provisions of the license issued by the State or Local Licensing Authority. The Local Licensing Authority has the power to administer oaths and Page 219 of 390 8 issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a Hearing. B. The Local Licensing Authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing pursuant to this Title, by mailing the same in writing to the Licensee at the address contained in the License. A suspension shall not be for a longer period than six (6) months. If a License is suspended or revoked, a portion of the fees paid therefore shall not be returned to the Licensee. C. 1. The Local Licensing Authority may, in its sole discretion, issue a fine in lieu of, or in addition to, a suspension. When determining whether to impose a fine in lieu of a suspension, the Local Licensing Authority make findings that: a. The public welfare and morals would not be impaired by permitting the Licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; b. The books and records of the Licensee are kept in such a manner that the loss of sales that the Licensee would have suffered had a suspension gone into effect can be determined with reasonable accuracy; and c. The Licensee has not had his or her License suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the motion or complaint that resulted in a final decision to suspend the License. 2. The fine accepted shall be: (a) not less than five hundred dollars ($500.00) nor more than five thousand dollars ($5,000.00) for license infractions of a minor nature that do not directly impact the public health, safety, or welfare which shall include but are not limited to failure to display badges, unauthorized minor modifications of premises of a minor nature, minor clerical errors in inventory tracking procedures; and (b) not less than one thousand dollars ($1,000.00) nor more than thirty thousand dollars ($30,000.00) for violations that have an immediate impact on the public health, safety, or welfare, including, but not limited to, a violation of C.R.S. §12-43.4 - 901(4)(e) 44-12-901(4)(e). 3. Payment of a fine shall be in the form of cash or in the form of a certified check or cashier's check made payable to the Local Licensing Authority, whichever is appropriate. D. Upon payment of the fine, the local Licensing Authority shall enter its further order permanently staying the imposition of the suspension. If the fine is paid to a Local Licensing Authority, the governing body of the Authority shall cause the moneys to be paid into the general fund of the local Licensing Authority. E. If the Local Licensing Authority does not make the findings required in this Section and does not order the suspension shall go into effect on the operative date finally set by the Local Licensing Authority. F. Each Local Licensing Authority shall report all actions taken to impose fines, suspensions, and revocations to the State Licensing Authority in a manner required by the State Licensing Authority. Page 220 of 390 9 5-3E-15: Inspection of Books and Records—Inspection Procedures. A. Each Licensee shall keep a complete set of all records necessary to show fully the business transactions of the Licensee, all of which shall be open at all times during business hours for the inspection and examination by the Local Licensing Authority or its duly authorized representatives. The Local Licensing Authority may require any Licensee to furnish such information as it considers necessary for the proper administration of this Title and may require an audit to be made of the books of account and records on such occasions as it may consider necessary by an auditor to be selected by the Local Licensing Authority who shall likewise have access to all books and records of the Licensee, and the expense thereof shall be paid by the Licensee. B. The Licensed Premises, including any places of storage where Retail Marijuana is stored, sold or dispensed shall be subject to inspection by the Local Licensing Authorities and their investigators, during all business hours and other times of apparent activity, for the purpose of inspection or investigation. For examination of any inventory or books and records required to be kept by the Licensees, access shall be required during business hours. Where any part of the Licensed Premises consists of a locked area, upon demand to the Licensee, such area shall be made available for inspection without delay, and, upon request by authorized representatives of the State or Local Licensing Authority, the Licensee shall open the area for inspection. C. Each Licensee shall retain all books and records necessary to show fully the business transactions of the Licensee for a period of the current tax year and the three (3) immediately prior tax years. Section 3. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 19th day of November, 2018. Page 221 of 390 10 Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of November, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of November, 2018 for thirty (30) days. Linda Olson, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of November, 2018. Stephanie Carlile Page 222 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Vance Fender DEPARTMENT: Police DATE: November 19, 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 223 of 390 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 224 of 390 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 225 of 390 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 36 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER MARTINEZ 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. 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. Page 226 of 390 2 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 227 of 390 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 228 of 390 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 229 of 390 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 230 of 390 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 231 of 390 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 232 of 390 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 233 of 390 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 234 of 390 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 235 of 390 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 236 of 390 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 237 of 390 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 238 of 390 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 239 of 390 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 240 of 390 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 241 of 390 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 242 of 390 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 243 of 390 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 244 of 390 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 245 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tom Brennan DEPARTMENT: Utilities DATE: November 19, 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 246 of 390 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 247 of 390 BY AUTHORITY ORDINANCE NO. _____ COUNCIL BILL NO. 37 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER RUSSELL 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. Page 248 of 390 Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of November, 2018 Read by Title and passed on final reading on the 19th day of November, 2018. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 22nd day of November, 2018. Published by title on the City’s official website beginning on the 21st 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 249 of 390 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 250 of 390 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 251 of 390 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 252 of 390 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 253 of 390 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 254 of 390 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 255 of 390 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 256 of 390 6 EXHIBIT A DESCRIPTION OF PLAZA CIRCLE – PHASE II IMPROVEMENT PROJECT Page 257 of 390 7 EXHIBIT B ENGINEER’S OPINION OF COST Page 258 of 390 8 EXHIBIT C SEPTEMBER 4, 2018 LETTER ENGLEWOOD McCLELLAN FOUNDATION Page 259 of 390 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 260 of 390 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 261 of 390 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 262 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alison McKenney Brown DEPARTMENT: Utilities DATE: November 19, 2018 SUBJECT: CB 38 - Storm Water Code Update Ordinance DESCRIPTION: CB 38 - Storm Water Code Update Ordinance RECOMMENDATION: Staff recommends approval of this Ordinance 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 263 of 390 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 264 of 390 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 38 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER WINK 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 265 of 390 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 266 of 390 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. Read by Title and passed on final reading on the 19th day of November, 2018. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 22nd day of November, 2018. Published by title on the City’s official website beginning on the 21st day of November, 2018 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor Page 267 of 390 4 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 268 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alison McKenney Brown DEPARTMENT: SPWRP DATE: November 19, 2018 SUBJECT: CB 39 - Waste Water Code Update (Sewer) DESCRIPTION: CB 39 - Waste Water Code Update (Sewer) RECOMMENDATION: Staff recommends approval of this Ordinance 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 269 of 390 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 270 of 390 1 BY AUTHORITY ORDINANCE NO. _____ COUNCIL BILL NO. 39 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER WINK 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 liquids, either directly or indirectly, into the City Wastewater system an annual service charge which shall be computed and payable as follows: Page 271 of 390 2 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 ¾ inch 29 44 176 Page 272 of 390 3 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 273 of 390 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 274 of 390 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 275 of 390 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 276 of 390 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 277 of 390 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 278 of 390 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 Read by Title and passed on final reading on the 19th day of November, 2018. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 22nd day of November, 2018. Published by title on the City’s official website beginning on the 21st 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 279 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dan Long DEPARTMENT: Public Works DATE: November 19, 2018 SUBJECT: Restoration of the Golf Course Maintenance Building DESCRIPTION: Restoration of the Golf Course Maintenance Building RECOMMENDATION: Staff recommends that Council award, by motion, a contract to KC Construction Inc., in the amount of $37,221 for the restoration of the Golf Maintenance Building to it's designed operational condition. PREVIOUS COUNCIL ACTION: None SUMMARY: The building sustained water damage throughout the facility following the storm of July 24, 2018. As staff arrived the following morning, they discovered the condition of the building and reported it immediately to City management. A restoration company was called that morning. They arrived later that afternoon and returned the next day to begin the mitigation approval. They completed the process on Monday August 6, 2018. While performing the mitigation work they submitted an estimate to perform the restoration work of $46,923.39. Based the amount of this estimate, 3 other estimates were received. Based on these estimates it was apparent this work needed to go out for proposals. RFP-18-033 was developed, and 6 (six) contractors attended the pre-bid meeting. Five (5) of the six contractors submitted proposals. KC Construction Inc. was the lowest proposal received. The following is a summary of the proposals received per the RFP: Contracto r Calahan Constructio n Services G2 Constructio n H&L Developmen t KC Constructio n W.O. Danielson Constructio n Insurance Covered Costs $70,189 $38,397 $37,717 $31,021 $59,100 Insulate Exterior Walls $690 $8,460 $8,844 $6,200 $21,900 TOTAL $70,879 $46,857 $46,561 $37,221 $59,100 Page 280 of 390 ANALYSIS: As a result of how the water mitigation was done, there are two parts to this request. The first is to repair the walls and flooring, along with reinstalling bookshelves, cabinets and cove base. This work is all covered by insurance. The second is that now that the exterior walls have been exposed, you can see they were never insulated. Now is the time to correct this condition. This work will be funded from the Golf Fund. Per the requirements of the RFP, all work must be completed by 12/31/2018. FINANCIAL IMPLICATIONS: Insurance Covered Work, "...……." $31,021 Exterior Wall Insulation, "...….." $6,200 ALTERNATIVES: Leave the building in it's current damaged state. CONCLUSION: Perform the recommended work to restore the building to it's full useful operational condition. ATTACHMENTS: Golf Maintenance Contract Approval Summary RFP Evaluation Summary RFP-18-033 Golf Course Maintenance Building Water Damage Restoration Project Golf Maintenance Building Contract Golf Course Fund Risk Management Fund Page 281 of 390 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: Dan Long Phone: 303-762-2532 Title: Facilities & Operations Manager Email: dlong@englewoodco.gov Vendor Contact Information Vendor Name: KC Construction Inc.Vendor Contact: Karen Comba Vendor Address: 4319 Chatea Ridge Road Vendor Phone: 303-807-1019 City: Castle Rock Vendor Email: kcomba@gmail.com State: CO Zip Code: 80108 Contract Type Contract Type:Construction Agreement Description of ‘Other’ Contract Type: Restore the Golf Maintenance Building to it’s operational condition prior to July 24, 2018. The work is as follows: Meeting Room * Install insulation on upper roof trough line to match existing * Install new 5/8” drywall to all areas where drywall was removed * Install fire tape to all joints, sand and finish smooth * Primer all new drywall * Paint walls, 2 coats, color to be determined by client * Install new vinyl cove base * Reinstall and finish trim book case and paint * Reinstall original cabinet bases and counter top * Reinstall and connect existing sink, faucet and dishwasher * Replace damaged ceiling grids and align * Replace missing ceiling tiles to match existing * Remove all existing flooring (VCT tiles & carpet) * Install Milliken Scattergraph “Out of the Shadows” carpet tiles or like Hallway * Install new 5/8” drywall to all areas where drywall was removed * Install fire tape to all joints, sand and finish smooth * Primer all new drywall * Paint walls, 2 coats, color to be determined by client * Install new vinyl cove base * Replace damaged ceiling grids and align * Replace missing ceiling tiles to match existing * Reinstall and finish trim 2 each book cases and paint Page 282 of 390 Contract Approval Summary V10/25/2017 Page | 2 Description of Contract Work/Services: Attachments: ☐Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: TBD End Date: 12/31/2018 Total Years of Term: Total Amount of Contract for term (or estimated amount if based on item pricing):$ 37,221 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Restore the Golf Maintenance Building to it’s operational condition prior to July 24, 2018. The work is as follows: Front Office * Install new 5/8” drywall to all areas where drywall was removed * Install fire tape to all joints, sand and finish smooth * Primer all new drywall * Paint walls, 2 coats, color to be determined by client * Install new vinyl cove base * Replace damaged ceiling grids and align * Replace missing ceiling tiles to match existing * Reinstall and finish trim 2 each book cases and paint Back Office * Install new 5/8” drywall to all areas where drywall was removed * Install fire tape to all joints, sand and finish smooth * Primer all new drywall * Paint walls, 2 coats, color to be determined by client * Install new vinyl cove base * Replace damaged ceiling grids and align * Replace missing ceiling tiles to match existing Exterior Walls Install blown insulation into walls to deliver a minimum thermal value of R-19 Patch drywall to match existing finish Paint patched areas to match existing South Wall of Meeting Room • Install 6” batt insulation into wall Page 283 of 390 Contract Approval Summary V10/25/2017 Page | 3 Payment terms (please describe terms or attach schedule if based on deliverables): Check upon completion and acceptance Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Source of funds: Budgeted Funds: $803,016.00 Line Item Description:Total this request: $31,021 Portion of Line Item spent to date: $675,904.74 Funding Source:Fund:63 Division Code:0503 Note (if needed): Budgeted Funds: $22,500 Line Item Description: R&M - General Line Item Total Funding: $ 6,200 Portion of Line Item spent to date: $4607.32 Funding Source:Fund: 43 Golf Division Code:1306 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 284 of 390 Contractor Calahan Construction Services G2 Construction H&L Development KC Construction W.O. Danielson Construction Area Meeting Room*$40,718 $19,587 $21,618 $17,958 $27,000 Hallway $8,858 $4,143 $4,723 $4,500 $10,200 Front Office $10,497 $6,643 $6,056 $3,461 $9,400 Back Office $10,116 $8,024 $5,320 $5,102 $12,500 TOTAL $70,189 $38,397 $37,717 $31,021 $59,100 * Includes flooring Insurance Covered Expenses DLong 11/13/2018 57624F1BF6954CCEBB52ED1C8D08E758-RFP Evaluation Summary \\10.206.5.34\cifshare\Data\RMS\Customers\Englewood\FileStorage\57624F1BF6954CCEBB52ED1C8D08E758-RFP Evaluation SummaryPage 285 of 390 Contractor Calahan Construction Services G2 Construction H&L Development KC Construction W.O. Danielson Construction Area Meeting Room $447 $1,500 $1,678 $2,300 $490 Exterior Walls $690 $8,460 $8,844 $6,200 $21,900* TOTAL $1,137 $9,960 $10,522 $8,500 $22,390 *furring out walls Insulation Costs Page 286 of 390 Contractor Calahan Construction Services G2 Construction H&L Development KC Construction W.O. Danielson Construction Insurance Covered Costs $70,189 $38,397 $37,717 $31,021 $59,100 Insulate Exterior Walls $690 $8,460 $8,844 $6,200 $21,900* TOTAL $70,879 $46,857 $46,561 $37,221 $59,100 TOTALS by Vendor Page 287 of 390 RFP-18-033 REQUEST NO.RFP-18-033 DATE: September 19, 2018 REQUEST FOR PROPOSAL Golf Course Maintenance Building Water Damage Restoration Project The City of Englewood will receive sealed proposals for supplying “Golf Course Maintenance Building Water Damage Restoration” per the following attachments: Scope of Work; Bid Schedule. Mandatory Pre-bid walkthrough meeting will be held at 4000 S. Clay Street, Englewood, CO 80110 on Tuesday September 25, 2018 at 10:00AM. Proposals shall be submitted no later than 2:00 P.M. prevailing time, October 11, 2018. Proposals will be received at the office of the Purchasing Division, 1000 Englewood Parkway, Englewood, Colorado 80110-1407. Bidders are asked to mark the bid envelope “Golf Course Maintenance Building Water Damage Restoration” in the lower left hand corner with the Proposal # RFP-18-033 shown on the front of the envelope in which the proposal is submitted. The City of Englewood assumes no responsibility for unmarked envelopes being considered for the award. An authorized company representative is required to sign in ink on the proposal. If City offices are closed due to inclement weather, an amendment will be issued with a new date, time and address of the proposal opening. The City of Englewood is exempt from all federal, state, and local taxes. Late proposals will not be accepted under any circumstance, and any proposal so received shall be returned to the proposing firm unopened. In addition, telegraphic and/or proposals sent by electronic devices are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposals either by air freight, postal service, or other means. The City of Englewood has contracted with BidNet and has begun utilizing a new central bid notification system created for the City of Englewood. This new system will allow vendors to register online and receive notification of new bids, amendments and awards. Vendors with internet access should review the registration options at the following website: http://www.bidnetdirect.com If you do not have internet access, please call the BidNet support group at (800) 677-1997 extension #214 or the City of Englewood Procurement Division at (303) 762-2300. All material submitted in connection with this proposal become the property of the City of Englewood. Any and all proposals received by the City shall become public record and shall be open to public inspection after the award of a contract, except to the extent the proposing entity designates trade secrets or other proprietary data to be confidential. Page 288 of 390 RFP-18-033 Any questions or clarifications concerning this proposal shall be submitted by email to Eva Boyd eboyd@englewoodco.gov or by mail to the City of Englewood, Procurement Division, 1000 Englewood Parkway, Englewood, CO 80110-1407. The proposal title and number should be referenced on all correspondence. All questions must be received no later than seven (7) calendar days prior to the scheduled proposal submittal date. All responses to questions/clarifications will be listed on the BidNet address as listed above as an addendum. The City will not be bound nor responsible for any explanations or interpretations other than those given in writing as set forth in this request for proposal. No oral interpretations shall be binding on the City. BIDDERS MUST SUBMIT PROPOSALS ON THE ATTACHED BID PROPOSAL FORM AND SUBMIT TWO (2) COPIES FOR EVALUATION PURPOSES. By submission of the proposal, the proposing firm certifies that the proposal has been arrived at independently and submitted without coordination with any other proposing entity The successful Bidder shall indemnify and save harmless the City of Englewood and all officials, agents, and employees from all suits or claims of any character brought by reason of infringement on any patent, trade mark or copyright. Any award to the successful Bidder, the Bidder may be required to use, and enter into, one of the City’s standard contracts or required to use of the City’s Purchase Order. The Vendor shall be required to abide by the terms and conditions set forth in any contract or purchase order. Bidders will be required to conform to the specifications. Deviations may deem the proposal unacceptable. Any exception to the minimum specifications, general conditions, and proposing firm’s proposal will be stated as an "exception" on the Request for Proposal form. If items called for by this Request for Proposal have been identified by a brand name or "equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. RFP’s offering "equal" products will be considered if the proposal clearly identifies such products with brand name, part number and any technical data, brochures or other information, so that the City can make a technical evaluation to determine that the products are equal. THE BIDDER IS REQUIRED TO PROVIDE A STATEMENT WITH THE PROPOSAL INDICATING THAT THE PROPOSAL IS IN ACCORDANCE WITH THE REQUEST FOR PROPOSALS WHEN THE PROPOSAL IS FOR THE EXACT REQUIREMENTS OF OUR SPECIFICATIONS. THE BIDDER IS REQUIRED TO PROVIDE A STATEMENT WITH THE PROPOSAL INDICATING THAT THE ITEMS WILL BE DELIVERED IN ACCORDANCE WITH THE REQUEST FOR PROPOSAL. The successful Bidder agrees to comply with all applicable Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein and agrees to secure all necessary licenses and permits in connection with this request and any goods or services to be provided. Where Bidders are required to enter City of Englewood property to deliver materials or perform work or services as a result of an award, the entity will assume the obligation and expense of obtaining all necessary licenses, permits and insurance. The Bidder will be required to have the greater of the following insurance amounts: Commercial General Liability in the amount of $3,000,000 per occurrence; Professional Liability/Errors and Omissions in the amount of $1,000,000 per occurrence; Employee Dishonesty and Computer Fraud in the amount of $1,000,000 per occurrence; and Page 289 of 390 RFP-18-033 Workers Compensation in the statutory amounts, or insurance amounts as required by the Intergovernmental Agreement between the City of Englewood and the Colorado Department of Transportation. The Vendor shall provide the City with copies of the certificate of insurance upon request. In addition, such certificates shall list the City and the Colorado Department of Transportation as an additional insured. The successful Bidder will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin and will comply with the Americans with Disabilities Act. The City of Englewood shall have the right to reject any or all bids, and to waive any informalities or irregularities therein and request new proposals when required. In addition, the City reserves the right to accept the proposal deemed most advantageous to the best interest of the City. Any award made in response to this Request for Proposal will be made to that responsible Bidder whose offer will technically be most advantageous to the City -- price, delivery, estimated cost of transportation, and other factors considered. The option of selecting a partial or complete proposal shall be at the discretion of the City of Englewood. Bidders shall email Dan Long at dlong@englewoodco.gov with any technical questions. Proposing entities shall email Eva Boyd, Purchasing Administrator, Procurement Division, at eboyd@englewoodco.gov with any questions relating to the Request for Bid. Eva Boyd Procurement Supervisor City of Englewood, CO Page 290 of 390 Page 291 of 390 Page 292 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tom Brennan DEPARTMENT: Utilities DATE: November 19, 2018 SUBJECT: CB 40 - Storm Water Fee Increase DESCRIPTION: CB 40 - Storm Water Fee Increase RECOMMENDATION: Staff recommends that Council approve, by ordinance, a storm water fee increase effective January 1, 2019. The fee increase will change the fees for residential properties from $1.39/month to $4.38/month and commercial properties from $20.00/month/acre to $40.00/month/acre of impervious area PREVIOUS COUNCIL ACTION: August 16, 2018 City Council discussed the city's July 24, 2018 Storm Response. September 17, 2018 City Council awarded a professional services contract to Calibre Engineering for a Storm Water Analysis and Alternatives Feasilbility Study. SUMMARY: The Storm Water fee increase is estimated to will generate an additional $350,000.00 annually. This increase will fund expanded storm drain maintenance and the Storm Water Analysis and Alternatives Feasibility Study. The increase will also build funding to cover expenses identified from the study. ANALYSIS: The city collects a fee for storm water from all properties. Currently, the fees are $16.64 per year for residential property and $0.00554 per square foot of impervious area (rooftops, parking lots, etc.) for commercial properties. In 2017, the collected fees were $405,824.00 with expenditures of $397,714.00. This fee increase will enable the city to be more proactive in addressing storm water issues. FINANCIAL IMPLICATIONS: The estimated December 31, 2018 Storm Water Fund balance is $703,330.00. This fee increase is estimated to generated $350,000.00. Future fee increases will be based on study results. ALTERNATIVES: Do nothing and leave fees as they currently exist. Page 293 of 390 CONCLUSION: Staff recommends this fee increase to fund increased maintenance, complete the study, and start building funds to cover expenses identified from the study. ATTACHMENTS: Council Bill 40 Fund 42 Budget Performance Page 294 of 390 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 40 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE ESTABLISHING STORM WATER UTILITY AND ENTERPRISE FUND USER FEES IN ACCORDANCE WITH TITLE 12, CHAPTER 5, SECTION 4, SUBSECTION E, OF THE ENGLEWOOD MUNICIPAL CODE 2000. 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 4, Subsection E of the Englewood Municipal Code provides that the Englewood City Council shall establish by ordinance those charges set forth within the storm water utility and enterprise fund for storm drainage service, with such charges maintained within the City’s Rate and Fee Schedule.; and 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. 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 adoption of the following storm water utility and enterprise fund fees in accordance with Title 12, Chapter 5, Section 4, Subsection E of the Englewood Municipal Code 2000 to become effective January 1, 2019: STORMWATER FEE BILLING CYCLE Residential = $13.16 Quarterly Commercial = $0.0110 per square foot of impervious surface Annual Page 295 of 390 2 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 19th day of November, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of November, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st 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 19th day of November, 2018. Stephanie Carlile Page 296 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tom Brennan DEPARTMENT: Utilities DATE: November 19, 2018 SUBJECT: CB 41 - Wastewater Rate Increase DESCRIPTION: CB 41 - Wastewater Rate Increase RECOMMENDATION: Staff recommends City Council approve, by Ordinance, a seven percent (7%) rate increase for wastewater utility service, to become effective January 1, 2019. This increase is anticipated to be in place for 2019 only. Future wastewater rates will be established following the Cost of Service Study scheduled to be completed by the end of the second quarter of 2019. PREVIOUS COUNCIL ACTION: June 11, 2018 - Staff provided a 2019 Operating Budget Overview to Council August 6, 2018 - Staff provided an overview of the proposed 2019 Capital Budget. August 27, 2018 - Council was provided with the proposed 2019 Operating Program Overview. September 17, 2018 - Council was presented proposed 2019 Budget. SUMMARY: The 2019 Proposed South Platte Water Renewal Partners (SPWRP) Budget is the beginning of a phase in the facility's life that will require $70M over the next five years to meet permit-driven treatment requirements as well as facility rehabilitation and replacement needs. The new discharge permit issued by the Colorado Department of Health and Environment includes a compliance schedule that begins in 2023. This deadline, coupled with the required time needed for facility planning, design and construction, make it imperative the city begin securing needed funding. ANALYSIS: The Proposed SPWRP Budget for 2019, represents an increase of $2,089,584 over the 2018 Adopted SPWRP Budget. The City of Englewood is responsible for approximately one-half of the total budget. Increases have come from cost centers including: - Permit-driven capital needed in order to develop, design and pilot-test facilities necessary to comply with compliance schedules contained in the recently issued wastewater discharge permit. - Aging infrastructure and deferred maintenance necessitated a need for increased capital as well as the need for more aggressive repair and maintenance programs. - Workforce optimization such as investments in new programs, equipment and organizational. initiatives that increase production, efficiency and effectiveness of operations. Page 297 of 390 FINANCIAL IMPLICATIONS: Sanitary Sewer costs have been held flat since 2015. The City of Littleton and the sanitation districts fund approximately eighty eight (88%) of the plant's cost. This seven percentage (7%) rate increase will generate approximately $1.1M. ALTERNATIVES: None CONCLUSION: Deferred maintenance and regulatory requirements are necessitated the need for additional funding. This rate increase will begin securing needed funding. ATTACHMENTS: Council Bill 41 Fund 41 Budget Performance Page 298 of 390 Page 1 of 4 BY AUTHORITY ORDINANCE NO. _____ COUNCIL BILL NO. 41 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER ______________ A BILL FOR AN ORDINANCE ESTABLISHING SEWER RATES IN ACCORDANCE WITH TITLE 12, CHAPTER 2, SECTION 3, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, the State of Colorado has enhanced the standards for waste water treatment, both through reduction of the permitted levels of total phosphorus and total inorganic nitrogen, and through a reduction of the permitted 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 to the connector districts; and WHEREAS, the City of Englewood has determined that a seven percent (7%) increase in sewer rates may serve as a 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 adoption of the following sewer rates in accordance with Title 12, Chapter 2, Section 3, Subsection B of the Englewood Municipal Code 2000 to become effective January 1, 2019: Sewage Treatment Charge per 1,000 gallons $3.0383 Collection System Charge per 1,000 gallons $0.4046 Total: $3.4429 Page 299 of 390 Page 2 of 4 Customer Class In City Sewer Billed Quarterly $3.4429 In City District Sewer Billed Quarterly $3.0383 In City Sewer District Water Billed Annually $21.6903 Flat Rate Min. Flat Rate Min. Rate Single Family Dwelling $72.44 $65.89 $63.92 $58.09 $263.58 Multi Family Per Unit $44.87 $40.85 $39.59 $35.99 $163.39 Mobile Home Per Unit $27.63 $25.10 $24.36 $22.19 $100.38 5/8 " $99.79 $90.91 $88.21 $80.22 $363.64 ¾" $151.54 $137.88 $133.74 $121.75 $551.54 1" $251.27 $228.58 $221.89 $201.92 $914.33 1½" $502.47 $457.30 $443.53 $403.63 $1,829.20 2" $805.39 $733.02 $710.91 $646.87 $2,932.08 3" $1,607.50 $1,462.76 $1,418.85 $1,291.00 $5,851.00 4" $2,512.60 $2,286.62 $2,217.69 $2,018.15 $9,146.42 6" $5,025.33 $4,573.13 $4,435.28 $4,036.05 $18,292.53 8" $7,984.99 $7,266.35 $7,026.75 $6,394.24 $29,065.40 10" $11,478.47 $10,445.50 $10,101.24 $9,191.94 $41,782.03 Page 300 of 390 Page 3 of 4 Customer Class Outside City District Sewer Billed Quarterly $3.0383 Outside City District Sewer Billed Annually $19.1411 Sheridan Sanitation District #1 Charges Southgate Sanitation District Charges Flat Rate Min. Flat Rate Min. Single Family Dwelling $67.01 $61.02 $267.76 $243.82 $20.00 Multi Family Per Unit $41.59 $37.78 $166.23 $150.97 Mobile Home Per Unit $25.62 $23.28 $102.35 $92.90 $15 (each unit) 5/8 " $92.55 $84.23 $370.07 $336.72 $36.60 ¾" $140.45 $127.74 $561.66 $510.82 $20.00 (Business) $36.60 1" $232.93 $211.91 $931.64 $847.49 $40.00 (Business) $73.20 1½" $465.86 $423.77 $1,863.25 $1,694.93 $146.40 2" $746.47 $679.36 $2,985.66 $2,717.22 $292.80 3" $1,489.58 $1,355.72 $5,958.20 $5,422.74 $658.80 4" $2,328.52 $2,119.00 $9,313.86 $8,475.85 $1,317.60 6" $4,657.13 $4,237.93 $18,628.32 $16,951.63 $3,440.40 8" $7,400.24 $6,734.36 $29,601.23 $26,937.06 10" $10,637.93 $9,680.74 $42,551.99 $38,722.20 Page 301 of 390 Page 4 of 4 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 2, Section 3, sets forth enforcement measures for failure to pay the assessed sanitary sewer 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 19th day of November, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of November, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st 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 19th day of November, 2018. 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(00'000‘s0I)0 (000005)00'00'00'(00'000's)00'(00‘000'5) 0c'zz9'n os §L‘560'5 sz'9a0's 00'00'00’Z6I'OI 00'0o'zsx'ox 001100501 0 00‘00O'SOI 00'00'00'00'000's0I 00'D0'000'50I (I9'699'I9£)+++00'00'00'00'00'00'00' m»'9n'zs +++00'00'00'00'00'00'00' I9'699'I9E 00:00'00’000'00I 00'00'000'00I 00'000'0DI 00'D0'000'00l wan‘:L8 0016:00'co9'z 00'00'00000‘:00'00000‘: 00'0 00'000'1 00'00'00'00000‘:00'001100’! u'9z6'I 6:1 (96'm:t~)96'zv6'I 00'00'00905’!00'00‘bD§'I oov +++grxz (9I'IZ)00‘00'00'00'00‘ 00'0 00001 00'00'00'0009 00'00091 00'0 00'o00'v 00'00'00'00000 0 00'00000» 00'00s 001 00'00005 00'00'00009 00'00005 04'3c9'z1 90 wet:H 0s'0vI‘za mess’:6Z‘ZlZ'9L 0D'000'00I 00'D0'000'00l zvzse +++00'00'00'00'00‘00'00' 30009 W W655 stow 00'00'00000‘!00'D0’000'I 00'51 now Z6'ZI 00'00'0010 00'0018 00'9991 (0211)00:0 00'00'00's 00'00's £Z’S€£'I 9 6Z'6H)'H Moss 00'zross 0000051 00'00’000'SI pung a5Eu|E.Iu uunzs-zy pun;a?zuma uuuas zv uonmslu In-mt asuadxq uogsuad aws)asuadxaenuaa $613101 aswesJqaa |?dl3"|Jd anwasmad Aennomud?) asuadxg uouepamau a5E\||E1C||L|.lO)S sang vasdxusmqmaw ?ululeu.IE3l|||P3J. ?unuudanrsano anuemsui uiav 3]|'| SBMEIDl3lEM ILDOIS zuanuaeu?v33|JEll3lU|Ew ammpneu/ammuos asuadxaupnv snwas Ivuosssaund |e1aua9 -sauddns?ugluado nousmud 95E150d dnuszuuaSl?llll-HIS-|9l|103 dnusMid ?unuudams-:1 S9:-was new/anzzsoa uonwsvulumv L09! _a 106 WL 101 1059 5W195 WIS 90Zl> Sb0Zb SIOZb SISIZS SOIZ S60125 EOIZ SZOIZ S 3SN3d)C-I mo;:23;mud ppaa suognzsum;suomesuu;saauuquuoua suomzsuu;ya?png sguaunpuawv la?png unndlnsaaxunaaw mnotnv /P350%CLLA-135908 CLLA CLLA “WON5lU3«|"D D3P||3|-"V a:>ueuuo;.Iad ;a6png Z J°Z 3 Ed Nd 6012310 EIOZ/ZZ/OIU0 UEUU3-‘G'-“DJ.N “"8 1Un0:>:>v01 dnuoapue qunoaav dnuouapnpu1 12351:; poo/v\a|6u3 ;o TIVJJIIL3SN3dX 3FIVLQJ. 5‘lVJ.DJ.3SN3dX 3 SS 9 9 5 SNJDL 3SN3d)G SIPIDJ.Duejg 5|9l°1 '£091 umsuua uogswa - 5|El0J_pumg Page 304 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie McKinnon DEPARTMENT: City Clerk's Office DATE: December 17, 2018 SUBJECT: CB 48 - Retail Cultivation Ordinance DESCRIPTION: CB 48 - Retail Cultivation Ordinance RECOMMENDATION: Staff recommends City Council approve Council Bill #48 to amend the Englewood Municipal Code to allow retail marijuana cultivation within the City. PREVIOUS COUNCIL ACTION: On November 5, 2013, the citizens of the City of Englewood defeated referred question #2B which would have prohibited the sale, cultivation, and manufacture of recreational marijuana within the City. On November 8, 2016, the citizens of the City of Englewood approved ballot question #302 to permit the regulation and licensing of retail marijuana stores. Part of ballot question #302 provided that only currently licensed medical marijuana centers could apply to convert to a retail facility, or operate as both a retail and medical facility, until January 1, 2019. After that date an entity without an existing medical marijuana facility license may apply to become a retail marijuana store. Also included within initiative #302 was the language set forth in E.M.C. 2-6- 1(C) which specifically allows for medical marijuana cultivation but makes no provision either permitting or prohibiting retail marijuana cultivation. On March 6, 2017, the City Council approved Ordinance #8, Series of 2017, which modified E.M.C. 7-6D-12(C) to allow for retail marijuana stores within the City, and prohibiting any other type of recreational or retail marijuana establishment. Currently, E.M.C. 2-6-1(C) limits the issuance of licenses associated with the cultivation or sale of marijuana to: 1. A Medical Marijuana Center License; 2. A Medical Marijuana Optional Premises Cultivation Operation License; 3. A Medical Marijuana-Infused Products Manufacturer License; 4. A Retail Marijuana Store License. On July 23, 2018 retail cultivation was discussed by the City Council at a Study Session. At the conclusion of the Study Session a consensus vote directed staff to develop an ordinance allowing for retail cultivation within the City. Page 305 of 390 SUMMARY: Currently two medical marijuana cultivation facilities are licensed to operate within the City. A new retail marijuana cultivation license would allow existing medical cultivation operations to grow both medical and retail marijuana. The proposed licensing limitations associated with a retail marijuana cultivation operation are as follows: Existing medical marijuana cultivation facilities could apply for a multi-use license, allowing for medical and retail cultivation. Marijuana cultivation operations could exceed five thousand (5,000) square feet. ANALYSIS: City Council has received requests from Nature's Kiss for amendments to the City's Code allowing for retail marijuana cultivation within the City of Englewood in addition to its current medical marijuana cultivation facilities. FINANCIAL IMPLICATIONS: A licensing and application fee will be charged for the retail cultivation license. License Fee: $1,000.00 Application Fee: $1,000.00 ATTACHMENTS: Council Bill #48 Letter from Nature's Kiss to City Council Official Abstract of Votes Cast November 5, 2013 Official Abstract of Votes Cast 2016 Ordinance No. 17 Series of 2013 Page 306 of 390 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 48 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE AMENDING TITLE 2, CHAPTER 6, SECTION 1, TITLE 5, AND ESTABLISHING CHAPTER 3F, TO PROVIDE FOR RETAIL CULTIVATION OF MARIJUANA, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Article XVIII, Section 16(5)(f) of the Constitution of the State of Colorado provides that a locality may enact ordinances or regulations, not in conflict with the Constitution or State law, regarding marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores; governing the time, place, manner and number of retail marijuana establishment operations; and establishing procedures for the issuance, suspension, and revocation of a license issued by the locality; WHEREAS, the City of Englewood is a home rule City, established in accordance with Article XX of the Constitution of the State of Colorado, and through Section 30 of its home Rule Charter, endows its City Council with all municipal legislative powers as conferred by general law, and the authority to delegate those powers to Boards and Commissions by ordinance; WHEREAS, the City of Englewood is a “locality” as defined by Article XVIII, Section 16(5)(f) of the Constitution of the State of Colorado; WHEREAS, the Local Liquor, Medical and Retail Marijuana Licensing Authority has been established as a Board or Commission within Title 2, Chapter 6 of the Englewood Municipal Code; WHEREAS, no action permitting retail marijuana cultivation facilities has been approved within the City of Englewood through the enactment of an ordinance or through an initiated or referred measure; WHEREAS, no action prohibiting retail marijuana cultivation facilities has been approved within the City of Englewood through the enactment of an initiated or referred measure; WHEREAS, on November 5, 2013, in Referred Question No. 2B, when asked to provide an advisory opinion, the voters of the City of Englewood rejected banning retail marijuana activities, specifically including retail marijuana cultivation; WHEREAS, on November 8, 2016, in Ballot Question No. 301, the voters of the City of Englewood rejected banning retail marijuana activities, specifically including retail marijuana cultivation; and WHEREAS, on November 8, 2016, in Ballot Issue No. 300, the voters of the City of Englewood, passed an initiated ordinance providing for the distribution and sale of retail marijuana within the City. Page 307 of 390 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title 2, Chapter 6, Section 1 shall be amended as follows: 2-6-1: Licensing Authority Established. A. There is hereby established a Local Licensing Authority, which shall have and is vested with the authority to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided by law, to suspend or revoke such licenses for cause in the manner provided by law. Such authority shall have all the powers of the Local Licensing Authority as set forth in Articles 3, 4, and 5, of Title 44, C.R.S. 2018Articles 46, 47 and 48 of Title 12, C.R.S. 1973.. See Title 5, Chapter 3, Article A of this Municipal Code for the organization, powers, functions and duties of the Local Licensing Authority. B. There is hereby established a Local Licensing Authority to issue only the following Medical and Retail Marijuana Licenses upon payment of a fee and compliance with all Local Licensing requirements to be determined by the Local Licensing Authority as set forth in Article 43.3 11 and 43.4 12 of Title 12 44 C.R.S.: 1. A Medical Marijuana Center License; 2. A Medical Marijuana Optional Premises Cultivation Operation License; 3. A Medical Marijuana—Infused Products Manufacturer License; 4. A Retail Marijuana Store License; 5. A Retail Marijuana Cultivation Facility License. Section 2. Title 5, Chapter 3F, shall be established as follows: 5-3F-1: Retail Marijuana Cultivation Established. A. The Englewood City Council hereby declares that this Chapter shall be deemed an exercise of the police powers of the City for the protection of the economic and social welfare and the health, peace, and morals of the people of the City. B. The City further declares that it is unlawful to cultivate Retail Marijuana, except in compliance with the terms, conditions, limitations, and restrictions in Section 16 of Article XVIII of the State Constitution and/or the terms, conditions, limitations, Article 44 of Title 12 C.R.S., and all applicable provisions of the Englewood Municipal Code. 5-3F-2: Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority, as established in Title 2, Chapter 6, Section 1, shall grant or refuse local licenses for the cultivation of Retail Marijuana as provided by all applicable State and local law; suspend, fine, restrict, or revoke such licenses upon a violation of law or a rule promulgated pursuant to this Title; and may impose any penalty authorized by this Title or Page 308 of 390 3 any rule promulgated pursuant to this Title. The Local Licensing Authority may take action with respect to a registration or a license pursuant to this Title, and in accordance with the procedures established pursuant to this Title. B. Pursuant to Section 30 of the Englewood Home Rule Charter, the authority to establish rules and regulations for the proper control of the cultivation of Retail Marijuana is vested in the Local Licensing Authority. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the cultivation of Retail Marijuana cultivation and for the enforcement of this Chapter. C. The Local Licensing Authority shall adopt and enforce regulations for retail marijuana cultivation that are at least as restrictive as the provisions of Article 12 of Title 44 C.R.S., including 44-12-403, and any rule promulgated pursuant to that article, all in conformance with the provisions set forth within this Chapter. D. In addition to all other standards applicable to the issuance of licenses under this Code, the following additional standards for the issuance of Retail Marijuana Cultivation Operation consistent with the intent of Article 44 of Title 12 C.R.S. and this Code are adopted as follows: 1. Distance restrictions between premises in or out of City limits for which Local Licenses are issued: (a) If the building in which Retail Marijuana is to be cultivated is located within two thousand feet (2,000') of a school, an alcohol or drug treatment facility, or the principal campus of a college, university, seminary, or a residential child care facility or within two thousand five hundred feet (2,500') of an existing licensed Retail or Medical Marijuana Center, Retail or Medical Marijuana-Infused Products Manufacturer or Retail or Medical Marijuana Optional Premises Cultivation Operation. The provisions of this Section shall not affect the renewal or re-issuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality; nor shall the provisions of the Section apply to existing licensed premises on land owned by the State, or apply to a license in effect and actively doing business before said principal campus was constructed. (b) The distances referred to in this Title are to be computed by direct measurement from the nearest property line of the land used for a school or campus to the nearest portion of the building in which Retail Marijuana is to be cultivated using a route of direct pedestrian access. (c) After April 20, 2015, Marijuana Licensed Premises shall be limited to the following locations but shall otherwise be exempt from the distance limitations of this Chapter: • 4695 South Windermere Street, Units A & B • 4332 South Broadway • 11 West Hampden Avenue, Suite 102 • 5005 South Federal Boulevard 2. Reasonable restrictions on the size of an applicant's Licensed Premises. Page 309 of 390 4 (a) All Retail Marijuana Cultivation Operations shall not exceed five thousand (5,000) square feet. 3. Any other requirements necessary to ensure the control of the premises and the ease of enforcement of the terms and conditions of the License. (a) Any cultivation or manufacture of Retail Marijuana within a Multi-Tenant building shall have a heating, ventilation and air conditioning system separate from the rest of the building. E. The provisions of Title 5, Article 3E shall be applicable to interpreting this Article 3F. F. Definitions not provided within Title 5, Article 3E, shall be as provided in Title 7, Article 6D, Section 12-2. G. Enforcement of this Chapter shall be in conformance with E.M.C. Title 1, Chapter 4, “General Penalty” provisions. 5-3F-3: Licensing Fees. All licensing and application fees shall be established by the City Council by regular Resolution and set forth within the City’s Fee and Rate Schedule, or adopted by inclusion within the City’s Fee and Rate Schedule as approved by Resolution. In 2019 such licensing and application fees shall be equal in amount to those fees as established for the cultivation of medical marijuana. On or after January 1, 2020, such fees shall be as provided by law and established in accordance with this section. Section 3. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Page 310 of 390 5 Introduced, read in full, and passed on first reading on the 17th day of December, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of December, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of December, 2018 for thirty (30) days. Linda Olson, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 17th day of December, 2018. Stephanie Carlile Page 311 of 390 Dear Council Member Sierra, Thank you for taking a moment to read this email. My name is Edmond Bartel. I am a manager at Nature’s Kiss here in Englewood. I am writing you and the other city council members today to ask for your assistance in amending Englewood’s ordinance to permit existing Medical Marijuana Optional Cultivation Operations to grow cannabis for the regulated retail marijuana sector. We would like to request an amendment that will not adversely affect any Englewood businesses, residents or visitors and ultimately does nothing to substantially change our operations except for the licenses we receive from the state and city as well as the color of the seed to sale tracking tag on our plants. Currently, Nature’s Kiss’ operations are vertically integrated on our medical side, meaning the medical cultivation facility at 4332 S Broadway in Englewood supplies our medical store at 4332 S. Broadway. For retail or adult-use sales, Nature’s Kiss buys retail marijuana from other licensed retail cultivation facilities throughout Colorado and packages it for sale here at our licensed retail store location. Every plant in every licensed grow in Colorado is tagged with a seed to sale METRC RFID tag. Medical marijuana plants wear yellow RFID tags and retail marijuana plants are tagged blue. From the moment each plant is rooted and placed in a growing medium, that plant tag remains with the plant its entire life. Once it is harvested, that plant tag is replaced with a package tag that ties the new package of marijuana to the plant(s) it came from. This tag ensures that wherever this marijuana ends up; may it be in a jar to be sold, or at a marijuana infused products processor to be made into concentrate or edibles, the same exact package is tracked all the way to the point of sale. As for the life of a retail marijuana plant, it has an identical process. The only difference is the color of the plant tag. Nature’s Kiss would embrace the opportunity to join the majority of co-located cultivation facilities in the metropolitan area and grow retail plants with blue tags, alongside the yellow medically tagged plants currently being cultivated in our licensed facility at 4332 S Broadway. This is not a request to physically expand, modify, or operate our licensed premises in a substantially different manner. Instead, this change would allow us to hire additional employees and obtain a state and local license for medical and retail co-location within the confines of our existing licensed premises. The cost to the city associated with any addition licensing can be recovered with additional fees required during the co-located retail cultivation facility the licensing process. We would like you to consider raising this issue during a future City Council meeting. We believe that such a change will provide positive benefits for the City of Englewood and will not substantially change any enforcement or oversight requirements. Furthermore, it will allow us to increase local hiring and create parity with other facilities in the region that are permitted to co- locate. Nature’s Kiss would be more than happy to participate in any study sessions, activities or expenditures necessary to make this process as easy as it can be for anyone involved. We look forward to hearing from you, answering any questions you may have, and continuing to contribute and support this great City. Page 312 of 390 Sincerely, --Edmond Bartel Manager at Nature’s Kiss Nature's Kiss 303-484-9327 4332 S Broadway Englewood, Colorado Page 313 of 390 Statement and Ceni?cate of Determination of an Election held in 5+l‘\ .Colorado,on lh8 _ .44sorwannaANDrnacmcrsANDVOYEScur IN EACH Question on me22"day at November.2lJtJ. l Q?a/£6 ' LaucrlsnlaA Elia,Clty Clerk To1.1|‘ No."“‘6§‘p‘§5p%‘s’%.5‘L‘§"‘°"“1 “"5”'0“”'.A -v.,..‘2Cal ||||l||l|tlll.ll|"°’- Releued ._.._ ,nunttnn No.23 ’\ 1 Shall me Englewond Munldpal cocoolthn City ctanguewoott.cameo out litemunuln nlreaeutlmal ntaliuutn, tun laaullmul muiulnl um-um tudlttles,bclt reaelllonal mnriiulnlnunulum-n‘:-.;fadillal.mmbut ? ;recreational nu-luau:testing tadille .in Mt tumasng puwut uu Ind qnmtt at nmtjuun u allowedutdev T oFp|¢M|_ ‘the column Constitution.nu manit -tt-at Enqtawomra curenuylloennd mndh?mnrliuutubuslrveues.milury j IN THE cm’ ‘E51-RAT-C7OFVOTES en‘,_V’(2m—g'vell.patient:and cod:prmllslons muutg lllolet.‘ j OF ENGLEWO:g;,lé:la(;:AsDgo€:ODRDINATEDELECTION -I -> 3593 Yes 3582 Na ‘D F __ ————-T M . 'ly- - Rh:R ell Imam’ W‘607 _ _ um“DI OIIDIIJDIINo.100 30"759 ",I Sltlll the Englewood Munilipll Code at Ihi Cityat En?awood,Cnuwadobe amended In ildudn onidal deliqvuliul }«Put:pmpenywittanttncnyorsngvewoodinuuutapmtaamapeopuovenqtcwooautatmirngntmvotam ' V m 5 ,f ~Ilvssaleawaitproper!/tmdedluaIeu'Fut'myptopetty|dmmf¢am2006EngtewoodFIrksm¢Raau?ottLMum:Plan Is I Part:Inducing but not Ended In:Baku.Elma.Batnvtogln.Belvlow.Cellleilllill.Cllthon, -,'..Cushha.Depot.Dtntzn.Enlennn.Hnsanna,Jason.Milli’Fields.?mtuts and F.mnlu7 jg RH Gilt!I425 ‘T “J55 V“572 M‘j - 'Scott G ‘- __«Sky 2745 l__: _ Sluven R.Yltel 3J2!State 1:!Colorado _) I )ss j ,5 I P‘J 1 County 0'Ninahoe )—— I rte .W I,the undersigned.dn hereby cemly the precedlng Ol?cial Election Results at the Clty ul Englewnod_—j- Calatadn pottlon at the coovdlnaled Elecllon held an Ntwembev 5.2013.tor the elec?an at three (3)VtneutlR Manda suz‘Council Members,the Munldpal Judge,one Council Referred Question and an:Citizen Initiated Elallot -— STATE OF CQLORADO, “ We.at:undersigned.Cutvassen ul‘the EluctiotluuntsL1!and Election held in ma _.._.C.|._._9§_,.EJ';1c§l'€'.l:~__U_n_c\5__._____.in In sum of Culnmdn. Cmntty anti.._I£L~.Q_4.....pq- . on _‘lT.s:.ida_..........Ihe .......5.*I‘__..._.~_day at _J:‘.°_“m‘£¢.1_"_.......A.D.Nana.rm Ilse election ut..T!1x:::_£_aD_Cn.tnc.i.l.£fl.cn-b<J‘S o:Je.(1)"’“‘-“‘°‘l'5\’5“0°a'—...D .(;Ll3<e.£sa1a_:&nlls:3c_swls£m=n._Lnn_!1oe_(;D._Cttgm...._1'_J;.2.'r2«;l__&.m_r_Q«,Lr.s;t:toz1_._.._ dé;‘mta,-certify that Ih:above and foregoml Is :lruz aml correct abslnct M the vale:cast I!ma election;shown by the atmmtlr I ..:Fn...%tsi..ClJ-’..n£ Mata- "'/' MI!sun QT‘;7035""o _l!é15_1£1:.4._...__n>/.5 ‘- 2 MW:WITNE/SSmm«in tn.day 1 A D ,9’L‘__‘_g_[dcmk ._§_=.—./“’»_L_:‘;i.k:).['s.,a.L5?trVclrjcnm.1 Lpoyzpzq/sreaco mag ///51349 70, -....__..4 .........W... ______Mum MK swrvv A?lmr/NHW/E uwzeé) Var/mt /U suumu-7/0//7 '57:70Page 314 of 390 OFFICIAL ABSTRACT OF VOTES CAST IN THE CITY OF ENGLEWOOD, COLORADO COORDINATED ELECTION NOVEMBER 8, 2016 Referred Ballot Issue No. 2B SHALL CITY OF ENGLEWOOD TAXES BE INCREASED BY $512,500 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THERE AFTER BY IMPOSING AN ADDITIONAL SALES TAX OF 3.5% ON THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS, WITH THE TAX REVENUES BEING USED TO FUND ANY LAWFUL GOVERNMENTAL PURPOSE DETERMINED BY THE CITY COUNCIL, WITH THE RATE OF THE TAX BEING ALLOWED TO BE INCREASED OR DECREASED WITHOUT FURTHER VOTER APPROVAL SO LONG AS THE RATE OF TAXATION DOES NOT EXCEED 15%, AND THE RESULTING TAX REVENUE BEING ALLOWED TO BE COLLECTED AND SPENT NOTWITHSTANDING ANY LIMITATIONS PROVIDED BY LAW? YES 7,376 NO 8,646 _________________________________________________________________________________________________________________________ Referred Ballot Issue No. 2C SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $27 MILLION, WITH A REPAYMENT COST OF UP TO $47.9 MILLION, AND SHALL THE CITY TAXES BE INCREASED BY UP TO $2.2 MILLION ANNUALLY FOR THE PURPOSE OF PROTECTING CRIME VICTIMS, POLICE OFFICERS AND THE COMMUNITY BY FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF LAND, IF NECESSARY, AND RELATED CAPITAL IMPROVEMENTS FOR USE AS A NEW ENGLEWOOD POLICE DEPARTMENT HEADQUARTERS BUILDING INCLUDING: - PROVIDING MODERN FACILITIES FOR OUR POLICE TO PRESERVE RECORDS AND DNA EVIDENCE FROM COLD CASE FILES TO MEET NATIONAL CERTIFICATION STANDARDS; - PROVIDING SUFFICIENT SECURED AREAS SO VICTIMS WHO GIVE THEIR STATEMENTS ABOUT A CRIME ARE NOT IN CLOSE PROXIMITY TO THOSE ARRESTED FOR COMMITTING THE CRIME; - REPLACING THE CURRENT POLICE STATION WITH A FACILITY THAT ALLOWS FOR MODERN INTERNET, MODERN COMPUTERS, LOCKER ROOMS AND TRAINING EQUIPMENT FOR UP-TO-DATE POLICING NEEDS; AND - PROVIDING ENGLEWOOD POLICE ADDITIONAL TOOLS, SUCH AS MORE HOLDING CELLS THAT THEY NEED TO MORE SAFELY HANDLE THOSE ARRESTED FOR SUSPECTED CRIMINAL ACTIVITY AND PROTECT THE PUBLIC SAFETY, AND SECURED PARKING TO PROTECT OFFICERS AND THEIR FAMILIES; AND TO THE EXTENT FUNDS ARE AVAILABLE ADDRESSING OTHER SAFETY SERVICES NEEDS, BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS WHICH SHALL BEAR INTEREST, MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED AT SUCH TIME, AT SUCH PRICE (AT ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT WITH THIS BALLOT ISSUE, AS THE CITY COUNCIL MAY DETERMINE; SHALL AD VALOREM PROPERTY TAXES BE LEVIED WITHOUT LIMIT AS TO THE MILL RATE TO GENERATE AN AMOUNT SUFFICIENT IN EACH YEAR TO PAY THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON SUCH DEBT AND SHALL ANY INVESTMENT EARNINGS FROM THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER-APPROVED REVENUE CHANGE? YES 9,267 NO 6,700 Initiated Ballot Issue No. 300 SHALL THE CITY OF ENGLEWOOD IMPOSE AN ADDITIONAL SALES TAX OF 3.5% THAT MAY BE RAISED UP TO 15% ON THE SALE OF RETAIL MARIJUANA IN ENGLEWOOD; PROVIDED THE TAX SHALL NOT BE RAISED ABOVE 3.5% ON OR BEFORE JANUARY 1, 2018, AND CANNOT BE RAISED BY MORE THAN 1.5% PER YEAR, WITH THE TAX REVENUES BEING COLLECTED AND USED TO FUND LOCAL LAW ENFORCEMENT, EDUCATIONAL PROGRAMS DESIGNATED BY THE CITY AND OTHER GENERAL OPERATING EXPENSES OF THE CITY OF ENGLEWOOD? YES 9,067 NO 7,047 Initiated Ballot Question No. 301 A “yes” vote for this Initiative will prohibit the retail sale, commercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood. A “no” vote indicates the voter does not want to prohibit the retail sale, commercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood. In support of Amendment 64 (Section 5, “Regulation of Marijuana,” Part 9F*) as passed by Colorado voters in 2012, should the citizens of the City of Englewood, Colorado exercise their right and prohibit the sale of Marijuana for recreational use as well prohibit Marijuana cultivation and manufacturing facilities within City Limits? This in no way affects the personal use of Marijuana according to said Amendment. *Amendment 64, SECTION 5, Regulation of Marijuana, “Part 9F”: “A LOCALITY MAY PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES THROUGH THE ENACTMENT OF AN RESOLUTION OR THROUGH AN INITIATED OR REFERRED MEASURE.” YES 5,996 NO 10,167 Initiated Ballot Question No. 302 Shall the City of Englewood Municipal Code be amended to permit for the regulation and licensing of Retail Marijuana stores, subject to the conditions and limitations set forth in the Initiative Petition? YES 9,965 NO 5,812 ________________________________________________________ /s/ Stephanie Carlile, Deputy City Clerk Date 11/22/16 Page 315 of 390 Page 316 of 390 Page 317 of 390 Page 318 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: John Voboril DEPARTMENT: Community Development DATE: November 19, 2018 SUBJECT: CB 2 - Accessory Dwelling Unit (ADU) Ordinance First Reading DESCRIPTION: CB 2 - Accessory Dwelling Unit (ADU) Ordinance First Reading RECOMMENDATION: Community Development Staff recommends approval of the Planning and Zoning Commission Recommended Accessory Dwelling Unit Ordinance with City Attorney Enforcement Revisions. At First Reading, City Council may choose to: 1. Further discuss the ADU Ordinance language as recommended by the Planning and Zoning Commission; 2. Modify language found within the ADU Ordinance. Please note that in the "Alternatives" Section of this Council Communication are potential language modifications as previously discussed by City Council; 3. Vote to Approve on First Reading the ADU Ordinance as amended by City Council, or, as recommended by the Planning and Zoning Commission; or 4. Vote to Deny the ADU Ordinance on First Reading. Unlike Zoning Map changes, text amendments to the Zoning Code do not require resubmission to the Planning and Zoning Commission to make modifications of an original recommendation. City Council has the authority to change the text as consensus dictates. In accordance with E.M.C. 16-2-6(E) the Englewood City Council previously held a public hearing on the proposed amendment to Chapter 16 of the Englewood Municipal Code regarding the regulation of Accessory Dwelling Units (ADU’s) on October 1, 2018. PREVIOUS COUNCIL ACTION: Council was given a project status briefing on ADU’s at the October 10, 2016 Council study session. Council was briefed on the June 13, 2017 ADU Open House and was presented with the proposed ADU zoning text amendments at the September 18, 2017 Council study session. A second ADU Open House was requested by Council and held on November 14, 2017. Council was briefed on the second ADU Open House at the February 5, 2018 Council study session. Council held an ADU Town Hall Meeting on May 24, 2018. Council was briefed on various zoning district options for ADU’s at the May 29, 2018 Council study session. Council requested additional information regarding how the ADU owner occupancy requirements would be enforced before moving forward with consideration of the Planning and Zoning Commission Recommended ADU Ordinance. Community Development staff addressed Council’s requests Page 319 of 390 for additional information and presented Council with a revised ordinance that incorporates the City Attorney’s Recommended Enforcement Revisions at the September 4, 2018 City Council study session. Council held a public hearing on the recommended ADU ordinance at the October 1, 2018 regular City Council meeting. Council elected to table the recommended ADU ordinance on First Reading at the October 15, 2018 to November 5, 2018, which was subsequently scheduled for November 19, 2018. SUMMARY: Accessory Dwelling Units, known as ADU’s, are small secondary residential structures located behind a primary house or on top of a garage. ADU’s were historically built in Englewood during the 1920’s, 30’s, and 40’s in response to housing shortages. There are over 180 existing ADU’s scattered throughout the older portions of the City of Englewood. ADU’s began falling out of favor in the United States in the 1950’s as the post war suburbs developed to meet housing needs. Englewood, like communities all across the country, began removing ADU’s from the zoning code at that time. ADU’s have slowly made a comeback since the 1990’s, particularly in the northwestern United States, in response to tight and expensive housing markets. The City of Denver, as well as a number of Denver suburbs, has reinstated ADU’s as allowed uses in certain zone districts. Many cities allow ADU’s in established neighborhoods as a way to provide additional value to property owners, increase housing options, and provide infill development opportunities without additional public infrastructure costs. These small residential units are used to provide a dditional living space for a guest or relative, or are sometimes rented for additional income. Amending the code to allow these smaller residential units on the same property as a single family home can provide additional housing options and promote investment in the City. The City of Englewood Comprehensive Plan has included a housing objective in support of adopting an ADU Ordinance since 2003. In recent years, Englewood citizens have increasingly inquired about the possibility of constructing ADU’s. The Englewood Planning and Zoning Commission elected to place ADU’s on the Commission’s work program in 2014. After a number of delays, the Commission was able to form a complete preliminary ADU recommendation that was then presented to the community through two open house meetings. Using feedback from the open house meetings, the Planning and Zoning Commission formulated a final ADU Ordinance recommendation. The Planning and Zoning Commission held a public hearing on the proposed ADU Ordinance at the September 6, 2017 Planning and Zoning Commission meeting. The Planning and Zoning Commission voted to recommend adoption of the Recommended ADU Ordinance by City Council. ANALYSIS: The Englewood Planning and Zoning Commission began preliminary work on ADU’s began in 2015 with seven study sessions. ADU’s were then put on hold in favor of completing the Englewood Forward plans and development cases. ADU study sessions (six) resumed in the fall of 2016. An open house community meeting (Back to the Future: Accessory Dwelling Units) was held on June 13, 2017, featuring ten informational stations, and a corresponding survey. Fifty-one surveys were collected and analyzed by the Commission on July 18, 2017, with minor adjustments made to the ADU final proposals. Page 320 of 390 A detailed summary of the Englewood Planning and Zoning Commission’s recommended ADU regulatory amendments is provided here for the benefit of Council members: Five Officially Declared Purposes of ADU’s 1. Provide options for varied and flexible lifestyle arrangements; 2. Provide options for alternative building structures/living space; 3. Provide potential supplemental source of income; 4. Increase property values and encourage higher levels of property maintenance; 5. Provide options for building structure/living space expansion while simultaneously encouraging preservation of existing structures. ADU Format ADU’s can take many different forms. The proposed code amendment includes the following ADU formats: • Garden Cottage – a free standing structure located in the rear yard • Carriage House - above or attached to a detached garage ADU Eligibility Types and sizes of lots eligible for specific types of ADU’s include the following: One Unit Detached Dwelling Standard Lot (50 Foot Minimum W idth) • Garden Cottage (1 Unit) or Carriage House (1 Unit) One Unit Detached Dwelling Small Lot (37 Foot Minimum Width) • Carriage House (1 Unit) ADU Creation ADU’s may be created in three different ways: • New construction • Conversion of a qualifying alley house located in the rear yard to a Garden Cottage while simultaneously constructing a new principal dwelling in the front yard. ADU Occupancy Requirements 1. The owner of record with a fifty-one percent (51%) minimum ownership interest in the property must occupy either the Principal Dwelling Unit or the Accessory Dwelling Unit (ADU) as their legal permanent address as demonstrated by voter and vehicle registration. Page 321 of 390 2. Owner shall verify on an annual basis that the owner continues to occupy either the Principal Dwelling Unit or the Accessory Dwelling Unit (ADU) as their legal permanent address through the City’s Annual Conforming ADU Registered Use Mailing. 3. Owner must reside on the property for a minimum of nine (9) months of the year. The owner may not rent the owner’s legal residence without applying for a leave of absence. 4. If owned by a corporation or similar entity, the property must be occupied by a person authorized to bind such entity in real estate matters. ADU Leave of Absence Requirements Owners may apply to the City for an extended Leave of Absence due to the following situations: • Temporary job assignments • Military deployments • Educational and research sabbaticals • Formal voluntary service for a humanitarian organization • Religious missionary service • Long term hospital, nursing home, and assisted living facility stays due to adverse medical conditions 1. Owner must reside on the subject property for at least one year after construction of the Accessory Dwelling Unit (ADU) before applying to the City for a Leave of Absence. 2. Owner may apply for a City-approved Leave of Absence of up to one year, and which may be reapplied for dependent on a clean record for the property, with no code violations. 3. During approved Leave of Absence, owner may rent both the Principal Dwelling Unit and the Accessory Dwelling Unit at the same time. ADU Design Requirements 1. An ADU shall not exceed 650 square feet of gross floor area. 2. Exterior stairs for access to an upper level accessory suite shall not be located on the side of the accessory structure parallel to the nearest side lot line. 3. An ADU shall not exceed a maximum height of 26 feet. 4. The lot coverage for a garden cottage ADU shall be counted toward the maximum allowed lot coverage. 5. ADU placement is restricted to the rear 35% of the lot. 6. ADU must conform to all existing accessory structure setbacks. 7. A maximum bulk plane height of 12 feet will be established at side property lines. 8. One off-street parking space shall be provided for each ADU. 9. ADU must connect to principal dwelling unit water and sewer lines. Separate lines are not allowed. 10. ADU's may not be subdivided or sold separately. ADU Allowed Zoning Districts ADU’s will be allowed in the following zone districts: • MU-R-3-B: Mixed Use Medium to High Density Residential and Limited Office • MU-R-3-A: Mixed Use Low Density Residential and Limited Office Page 322 of 390 • R-2-B: Medium Density Single and Multi-Dwelling Unit Residential • R-2-A: Low Density Single and Multi-Dwelling Unit Residential • R-1-C: Single Unit Residential Conformance with Englewood Forward Goals and Objectives The ADU code amendment is in conformance with goals and objectives found in Englewood Forward: The 2016 Englewood Comprehensive Plan. Goal Live-1: Promote a balanced mix of housing opportunities serving the needs of current and future Englewood citizens. Obj. Live-1.1: Allow for housing that meets the needs of all income groups, including appropriate type and location of housing. Obj. Live-1.2: Allow for housing investments that improve the housing mix and serve different life cycle stages and groups with special needs in appropriate locations, including both smaller and larger unit sizes and a wider range of housing types, including single-family, duplex, townhome, condominium, multi-family, and accessory dwelling units. (Emphasis added) FINANCIAL IMPLICATIONS: There are no significant financial impacts to the City associated with the adoption of the ADU Ordinance. Local street and utility infrastructure are already in place. Utilities have been designed to accommodate a population of 60,000, based on population projections at the time of the adoption of the City of Englewood, Colorado: Comprehensive Investigation of the Municipal Water System (1975). This document served as the blueprint for the planning and development of the City’s modern water system. The City’s water treatment plant has a capacity of 28 million gallons per day, while the current maximum usage is 12 million gallons per day. The wastewater treatment plant has a capacity of 50 million gallons per day, while the current maximum usage is 23 million gallons per day. The water and wastewater figures were provided by the City of Englewood Utilities Department. ALTERNATIVES: Potential Amendments to Recommended ADU Ordinance 1. Amend Section 2, paragraph 7, letter g, (3), by striking the word “corporation”. 2. Amend Section 2, paragraph 7, letter g, through the addition of (5), reading as follows: Corporation and for profit Business Partnership prohibitions. Corporations and for profit business partnerships are prohibited from constructing accessory dwelling units on corporate or business partnership owned properties. Corporations and business partnerships are prohibited from separately renting a pre-existing accessory dwelling unit structure constructed after 2018 to a separate party as a separate unit from the principal structure. 3. Amend Section 1, paragraph C, Table 16-5-1.1 "Table of Allowed Uses", Accessory Uses Page 323 of 390 section, Household Living, Accessory Dwelling Unit, striking the letter "A" from the R-2-B, R-2-A, and R-1-C columns. ATTACHMENTS: A - CB 2 - Planning and Zoning Commission Recommended ADU Ordinance with City Attorney Revisions B - Planning and Zoning Commission ADU Ordinance Public Hearing Findings of Fact C - Planning and Zoning Commission ADU Ordinance Public Hearing Meeting Minutes Page 324 of 390 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 2 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE, TITLE 16, CHAPTERS 5 AND 6 OF THE ENGLEWOOD MUNICIPAL CODE 2000, RELATING TO ALTERNATIVE DWELLING UNITS. WHEREAS, Alternative Dwelling Units (ADU’s) were primarily built in Englewood during the 1920’s, 1930’s and 1940’s, with fewer ADU’s built after the 1950’s due to expanded development of suburban areas within the City; WHEREAS, More than 180 ADU’s currently exist within the City of Englewood; WHEREAS, ADU’s have experienced a resurgence in popularity in the Denver metropolitan area in recent years in response to a tight and increasingly expensive housing market; WHEREAS, ADU’s are an economical and practical housing option for young families, couples, “empty nesters”, singles, guests, and older adults who need to live close to their children while maintaining some autonomy; WHEREAS, ADUs increase housing stock within the City which adds value to established neighborhoods, increase the value of properties upon which an ADU is located, increase housing options within the City, and increase infill development opportunities without requiring additional infrastructure costs; WHEREAS, ADU’s provide housing to allow for the addition of new residents who then support local businesses, provide young families and singles an introductory living experience to the overall community, and provide incentive for established residents to remain within the community when they are ready to upgrade their property or move to a larger residence; WHEREAS, The Planning and Zoning Commission studied the issues and impacts of ADU’s from 2015 through 2017 by holding study sessions to discuss where ADU’s should be allowed, drafting regulations governing the use and construction of ADU’s, and gathering citizen input concerning ADU’s; WHEREAS, The Planning and Zoning Commission developed recommendations to allow ADU’s to be permitted in specifically identified zoning districts, and developed regulations governing ADU’s to protect property values and ensure ADU’s were not being used for speculative purposes; and WHEREAS, On August 22, 2017, the Planning and Zoning Commission held a public hearing regarding proposed changes to the Unified Development Code relating to ADU’s within the City, and following the public hearing voted to recommend those code changes to the City Council. Page 325 of 390 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 5, Section 1, Subsection C, Table 16-5-1.1 “Table of Allowed Uses”, of the Englewood Municipal Code 2000 as follows: Page 326 of 390 3 TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Additional Regulations R 1 A R 1 B R 1 C R 2 A R 2 B MUR 3 A MUR 3 B MUR 3 C M 1 M 2 — MO 2 M U B 1 M U B 2 T S A I 1 I 2 RESIDENTIAL USES Group Living Group living facility, large/special C C C C C P P 16-5-2.A.1 Group living facility, small P P P P P P P P P P P P P 16-5-2.A.1 Small treatment center C C C C C P P 16-5-2.A.1 Household Living Live/work dwelling P P P P L L 16-5-2.A.2 Manufactured home park P 16-5-2.A.3 Multi-unit dwelling P P P P P P P P P P 16-5-2.A.4 16-6-1.C.4 One-unit dwelling P P P P P P P P P P 16-5-2.A.5 16-5-2.A.6 One-unit dwelling on a small lot P P P P P P P P P P 16-5-2.A.6 Boarding or rooming house C C C C C C C 16-5-2.A.7 PUBLIC/INSTITUTIONAL USES Animal Shelter Not-for-profit animal shelter P P Emergency Temporary Shelter Housing shelter, food shelter C C Government and City All other buildings and facilities not specified under the public/ institutional uses category P P P P P P P P P P P P P P P Library Public P P P P P Museum/Cultural All uses P P P P P P P Park and Open Space Athletic field C C C C C C C C C P P Community garden C C C C C C C C C C C Park P P P P P P P P P P P P P P P Religious Assembly Religious institutions and associ- ated accessory uses P P P P P P P P P P L L L L L School Education institution P P P P P P P P P P P P C Telecommunication Facility (See Chapter 16-7, "Telecommuni- cations," for applicable use-re- lated guidelines and standards) Alternative tower structure P P P P P P P P P P P P P P P Antenna (microwave antenna, sectorized panel antenna, whip antenna) P P P P P P P P P P P P P P P Tower structure C C C C C C C C C C C C C P P Transportation Facility RTD maintenance facility P P Transit center P Utility Facility (not including Telecommunication Facility) Major utility facility P P 16-5-2.B.1 Minor utility facility (as a princi- pal use of land) C C C C C C C C C C C C C C C COMMERCIAL USES Adult Use All types as defined in Chapter 16-11 P P 16-5-2.C.1 Agricultural Use Greenhouse/ nursery, raising of plants, flowers, or nursery stock P P 16-5-2.C.2 Animal Sales and Service Animal shelter P P Kennel/day care L P P Pet store (live animal sale) P P P P P P Small animal veterinary hospital or clinic L L P C P P Page 327 of 390 4 TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Additional Regulations R 1 A R 1 B R 1 C R 2 A R 2 B MUR 3 A MUR 3 B MUR 3 C M 1 M 2 — MO 2 M U B 1 M U B 2 T S A I 1 I 2 Assembly Assembly hall or auditorium, hall rental for meetings or social occa- sions P P P C P P Membership organization (ex- cluding adult use) P P P C P P Dependent Care Dependent care center (less than 24-hour care, any age) C C C C C P P P P P P P C 16-5-2.C.7 Entertainment/Amusement: Indoor Amusement establishment C C C C C C Hookah lounge P P P P P Physical fitness center/spa P P P P P P Theater and performance/concert venue, not including adult enter- tainment P P P P P Entertainment/ Amusement: Out- door General outdoor recreation C C C Financial Institution Check cashing facility P P P P Financial institution, with drive- through service L P P Financial institution, without drive-through service P P P P P P Food and Beverage Service Brew Pub P P P P P P Caterer P P P P Restaurant, bar, tavern with or without outdoor operations P P P P P P Restaurant, with drive-through service L P P Sales Room (associated with Brewery, Distillery or Winery) C C C C C Take out and delivery only P P P Medical/Scientific Service Clinic P P P P P P P P P Hospital P P P P P P Laboratory (dental, medical or optical) P P P P P P P P P P Medical Marijuana Medical marijuana center P P P P P 16-5-2.C.13 16-5-4.C.1.f Medical marijuana optional premises cultivation operation A A A P P 16-5-2.C.13 16-5-4.C.1.f Medical marijuana infused prod- ucts manufacturer A A A P P 16-5-2.C.13 16-5-4.C.1.f Office Office, type 1 (general) P P P P P P P P P Office, type 2 (limited) P P P P P P P P P P 16-5-2.C.8 Retail Sales and Service (Personal Service) Crematorium C Dry cleaner, drop-off site only P P P P P P Instructional service P P P P P Massage therapy P P P P P P P P Mortuary P P Personal care P P P P P P Service: photography studio and photo lab, upholstery, printer, locksmith, tailor P P P P P P Tattoo and body-piercing estab- lishment P P Temporary employment business C C 16-5-2.C.11 Page 328 of 390 5 TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Additional Regulations R 1 A R 1 B R 1 C R 2 A R 2 B MUR 3 A MUR 3 B MUR 3 C M 1 M 2 — MO 2 M U B 1 M U B 2 T S A I 1 I 2 Retail Sales and Service (Repair and Rental) Equipment rental L P P Repair shop (not including auto) P P P P P P Retail Sales and Service (Sales) Antique store P P P P P P Art gallery P P P P P P Auction house P P P Buy-back, second-hand, thrift, consignment stores, large P P P P Buy-back, second-hand, thrift, consignment stores, small P P P P P Convenience store P P P P P Grocery/specialty food store P P P P P P Internet sales location P P P P Liquor store P P P P P P Pawnbroker P P 16-5-2.C.10 Retail sales, general merchandise P P P P/C P P For TSA, P if ≤ 20,000 sq. ft., C if > 20,000 sq. ft. of gross leasable floor area School Trade or business school P P P C P P 16-5-2.C.12 Studio Radio/television broadcasting stu- dio, recording/film studio P P P P Vehicle and Equipment Automobile pawnbroker P P P 16-5-2.C.10 Automotive sales, rental L P P 16-5-2.C.3 Automotive service and repair, including body or fender work P P 16-5-2.C.4 Automotive service and repair, not including body or fender work L P P 16-5-2.C.4 Automotive service station (gaso- line facility) L P P 16-5-2.C.5 Car wash, auto detailing L L L 16-5-2.C.6 16-5-2.C.4 Commercial storage of operable vehicles P P 16-5-2.C.3 Fuel dispensing L P P Parking facility, structure (opera- ble vehicles), principal use C C C C L L C P P 16-5-2.C.3 16-5-2.C.9 Parking area, surface (operable vehicles), principal use C C C C L L C P P 16-5-2.C.9 16-5-2.C.3 Recreational vehicles and boats, sales or rental L P P Visitor Accommodation Bed and breakfast P P P Hotel P P P P P Hotel, extended stay P P P Wholesale Sales and distribution P P Page 329 of 390 6 TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Additional Regulations R 1 A R 1 B R 1 C R 2 A R 2 B MUR 3 A MUR 3 B MUR 3 C M 1 M 2 — MO 2 M U B 1 M U B 2 T S A I 1 I 2 MANUFACTURING/INDUSTRIAL USES Industrial Service Industrial service, light C P P 16-5-2.D.3 (TSA only) Industrial service, heavy P Manufacturing, Including Processing, Fabrication, or Assembly Brewery C C C P P 16-5-2.C.14 Distillery C C C P P 16-5-2.C.14 Winery C C C P P 16-5-2.C.14 Manufacturing, light C P P 16-5-2.D.4 (TSA only) Manufacturing, heavy P Warehouse/Storage Fuel storage (principal use) L Mini-storage facility P P Moving and storage P P Outdoor storage P P 16-6-7.G Storage yard for vehicles, equip- ment, material, and/or supplies P P 16-5-2.D.6 Warehousing and/or storage P P Waste/Salvage Automobile wrecking/ salvage yard C P 16-5-2.D.1 Commercial incinerator C Hazardous waste handling C C 16-5-2.D.2 Recycling operation, all process- ing occurs within enclosed struc- ture P P 16-5-2.D.5 Recycling operation, some or all processing occurs outside an en- closed structure C C 16-5-2.D.5 Sanitary service C Waste transfer station (not in- cluding hazardous waste) C C ACCESSORY USES - See Section 16-5-4 for additional regulations Household Living (Accessory to Principal One-Unit Detached Dwelling Uses Only) Accessory Dwelling Unit A A A A A Home Care Accessory Uses (Accessory to Principal One-Unit Dwelling Uses Only) Adult dependent care C-A A A A A A A A A A Family child care home C-A A A A A A A A A A Infant/toddler home C-A A A A A A A A A A Large child care home L-A L-A L-A L-A Other Accessory Uses Caretaker's quarter A A A A A A Dormitory A A A Home occupation A A A A A A A A A A 16-5-4.C.1 Minor utility facility (as acces- sory use of land) L-A L-A L-A L-A L-A L-A L-A L-A L-A L-A L-A L-A L-A L-A L-A 16-5-2.B.1 Parking area (surface) A A A A A A A A A A A 16-5-4.C.2 Parking garage (structure) A A A Satellite dish antenna A A A A A A A A A A A A A A A 16-5-4.C.3 Page 330 of 390 7 TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Additional Regulations R 1 A R 1 B R 1 C R 2 A R 2 B MUR 3 A MUR 3 B MUR 3 C M 1 M 2 — MO 2 M U B 1 M U B 2 T S A I 1 I 2 TEMPORARY USES - See Section 16-5-5 for additional regulations Car wash T T T T T T T T T T T T T T T Expansion or replacement of ex- isting facilities T T T T T T T T T T T T T T Farmers market T T T T T T Food vendor carts T T T T T T T Mobile storage (with or without building permit) T T T T T T T T T T T T T T T Real estate sales or leasing office (also model homes) T T T T T T T T T T T T T T T Outdoor sales (e.g., tent sales, parking lot sales, seasonal sales, windshield repair, sales from re- tail vendor carts, etc.) T T T T T T Special event (e.g., carnival, ba- zaar, fair) T T T T T T T T T T T T T T T Tents, canopies T T T T T T T T T T T T T T T USES NOT MENTIONED See 16-5-1.B for procedures and criteria for approving unlisted uses, including unlisted accessory and temporary uses. (Ord. 04-5; Ord. 05-25; Ord. 08-13, § 1; Ord. 08-37, § 3; Ord. 08-55, § 1; Ord. 08-48, § 11; Ord. 09-4, § 1; Ord. 09-28, § 4; Ord. 10-20, § 1; Ord. 11-27, § 1; Ord. 23-12, § 4; Ord. 7-13, § 4; Ord. 45-13, § 1) Page 331 of 390 8 Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 5, Section 4, “Accessory Uses” Subsection C, by adding a new Paragraph 7, all within the Englewood Municipal Code 2000, such paragraph 7 to be written as follows: 7 Accessory Dwelling Units a. Purpose. Accessory Dwelling Units (ADUs) are allowed in certain situations to: (1) Provide flexibility for changing family situations; (2) Provide alternative types of living space; (3) Provide a supplemental source of income and assist with housing expenses; (4) Provide opportunities to increase property value; (5) Preserve neighborhood character. b. Definition. An Accessory Dwelling Unit (ADU) is a smaller, secondary residential dwelling unit on the same lot as a principal one-unit dwelling. ADUs are independently habitable and provide the basic requirements of living, sleeping, cooking, and sanitation. Two (2) types of ADUs are permitted within the City: (1) Garden Cottages are detached residential structures on the same lot as a principal detached one-unit dwelling. (2) Carriage Houses are dwelling units above or attached to a detached garage or other permitted detached accessory structure, on the same lot as a principal detached one-unit dwelling. c. Eligibility. Garden Cottages and Carriage Houses may be developed on One-unit Detached Dwelling standard lots. Carriage Houses may be developed on One-unit Detached Dwelling standard lots and One-unit detached small lots. ADU’s are not permitted on any property with existing attached dwelling units (duplex, townhouse, etc.). d. Number. One (1) Accessory Dwelling Unit (ADU) is permitted per detached one-unit dwelling lot. e. Creation. An Accessory Dwelling Unit (ADU) may be created through new construction, or conversion of a qualifying existing house to a garden cottage while simultaneously constructing a new principal dwelling on the site. f. Approval. Applications for Accessory Dwelling Units (ADU’s) shall meet the following criteria: (1) The applicant must demonstrate the ADU complies with all applicable development and design standards of this Title. Page 332 of 390 9 (2) The applicant must demonstrate the proposed design complies with applicable building and fire safety codes. (3) Approval of application is dependent on City inspection of existing primary structure. All primary structure deficiencies and code violations documented in the City’s pre-ADU permit inspection form must be brought into full compliance with City housing and building code standards for ADU properties. (4) The applicant must provide a signed and notarized deed restriction in a form provided by the City. The deed restriction will be recorded as a legal document with the Arapahoe County Clerk and Recorder, and will serve as a permanent restriction upon the use and occupancy of both the primary structure and the ADU. g. Occupancy and Use. Occupancy and use standards for an Accessory Dwelling Unit (ADU) shall be the same as those applicable to a principal dwelling on the same lot. An ADU shall be considered a separate and distinct dwelling from the principal dwelling on the property for the purposes of defining a “household” as determined by this code. The applicant agrees to provide annual documentation of compliance with the following regulations in order to continue the active rental use of one structure located on the subject property: (1) Occupancy. An individual holding an ownership interest of fifty percent (50%) in the Principal Dwelling Unit must occupy either the Principal Dwelling Unit or the ADU as their legal permanent address as demonstrated by two forms of proof of residency: A. Vehicle Registration, Motor Vehicle License, or Voter Registration; and B. Credit Card Statement, Mortgage Bill, or Property Tax Statement. (2) Annual verification of occupancy. Owner shall verify on an annual basis that the owner continues to occupy either the Principal Dwelling Unit or the ADU as their legal permanent address through the City’s Annual Conforming ADU Registered Use Mailing. Until an updated verification is filed with the City, all notices of compliance or violation shall be properly mailed to, or served upon, the owner who signed the verification at the verified legal permanent address. (3) Legally responsible agent. If the primary dwelling is owned by a corporation, trust, or other entity, an individual may complete and sign the annual verification described in (g)(2) above, thereby assuming all legal responsibility and liability for the property, and for assuring that all of the property remains in compliance with the City’s codes. Additionally, both the legal entity and the individual must sign a notarized document providing that the occupant of the property is an individual authorized to bind such entity in real estate matters. Page 333 of 390 10 (4) Limitation on rental. To maintain the nature of a One-unit Detached Dwelling standard lot the verified occupant (owner or legally responsible agent) may not rent that dwelling unit identified as such individual’s permanent residence within the annual verification described in (g)(2) above. h. Leave of Absence. Accessory Dwelling Unit (ADU) Owners may apply to the City for an extended Leave of Absence due to the following situations: • Temporary job assignments • Military deployments • Educational and research sabbaticals • Formal voluntary service for a humanitarian organization • Religious missionary service • Long term hospital, nursing home, and assisted living facility stays due to adverse medical conditions (1) Owner must reside on the subject property for at least one year after construction of the ADU before applying to the City for a Leave of Absence. (2) Owner may apply for a City-approved Leave of Absence of up to one year. Owner must reapply for an additional year, with a maximum absence of two (2) years, dependent on a clean record with no code violations or nuisance or criminal activity. Owners called away on overseas military tours of duty may be granted additional years, dependent on a clean record with no code violations or nuisance or criminal activity. (3) During approved Leave of Absence, owner may rent both the Principal Dwelling Unit and the ADU at the same time. i. Design. It is intended that the design of Accessory Dwelling Units (ADU’s) be compatible with the design and quality of the principal structure on the lot. Elements of design include, but are not limited to, building material (wood siding, brick, stucco, etc.), color, window treatments, roof pitch, etc. Design standards for ADU’s are stated in this section. If not addressed in this section, base district zone development standards shall apply. (1) Size. An ADU shall not exceed six hundred fifty (650) square feet of gross floor area or the size of the principal dwelling, whichever is less. The City Manager or designee may approve Administrative Adjustments as permitted within Section 16-2-17 of this code. (2) Exterior stairs. Exterior stairs for access to an upper level accessory suite shall not be located on the side of the accessory structure parallel to the nearest side lot line. (3) Height. The maximum height allowed for an ADU shall not exceed twenty six (26) feet. Page 334 of 390 11 (4) Lot coverage. The lot coverage of an ADU shall be counted toward the maximum allowed lot coverage. (5) Lot placement. ADU placement is restricted to the rear thirty-five (35) percent of the lot. (6) Setbacks. ADU’s shall meet the minimum setbacks as required by Table 16- 6-1.2 “Summary of Dimensional Requirements for Accessory Structures” unless the building or structure complies with setback exemptions available elsewhere in the code. (7) Bulk Plane. Bulk Plane regulations in the Section 16-6-1-G of this Title shall apply to ADU structures. j. Parking. One (1) off-street parking space shall be provided for each Accessory Dwelling Unit (ADU), located within the rear thirty-five (35) percent of the lot. Existing required off- street parking for the principal dwelling shall be maintained or replaced on-site. k. Impact Fees. All impact fees applicable to new construction shall also apply to Accessory Dwelling Units (ADU’s) created after adoption of this ordinance. l. Utilities. Accessory Dwelling Units must connect to the water and sewer lines of the principal dwelling, subject to requirements and restrictions of the Englewood Water and Sewer Board. m. No Subdivision Allowed. An Accessory Dwelling Unit (ADU) shall not be subdivided or sold separately from the principal dwelling unit on a lot, unless all structures and lots meet the required dimensional standards upon completion of the subdivision, including but not limited to minimum lot area, minimum lot width, setbacks, bulk plane and other dimensional standards that may apply. A covenant restricting the future subdivision of the ADU shall be recorded with the Arapahoe County Clerk and Recorder, prior to issuance of a building permit. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 6, Section 1, Subsection G, Paragraph 3, “Bulk Plane Requirements”, by adding a new subparagraph e, numbers 1 and 2 of the Englewood Municipal Code 2000 as follows: e. Accessory Dwelling Units 1. A horizontal line that is located directly above the side lot line and which passes through a point twelve feet (12’) above the base plane described in paragraph (a) above; and 2. The intersecting lines that extend over the lot at a pitch of 12:12 (45-degree angle) from the horizontal lines defined in paragraph (c)(1) above. Page 335 of 390 12 Section 4. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 6, Section 1, Subsection H, Paragraph 3, subparagraph c, of the Englewood Municipal Code 2000 as follows: c. Residential Occupancy. No accessory structure shall allow residential occupancy, except as permitted for approved accessory structures occupied by caretakers or watchmen, or for approved accessory dwelling units on owner-occupied principal One-unit detached properties. Section 5. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 6, Section 1, Subsection 1.2, “Table 16-6-1.2 Summary Table of Dimensional Requirements for Accessory Structures” of the Englewood Municipal Code 2000 as follows: Page 336 of 390 13 TABLE 16-6-1.2: SUMMARY TABLE OF DIMENSIONAL REQUIREMENTS FOR ACCESSORY STRUCTURES Use Districts Allowed Maximum Number Max. Height (ft) Minimum Setback (ft) Maximum Total Floor Area (sq ft) Add'l Regulati Front Side Rear Accessory Dwelling Units (ADU’s) R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B 1-unit dwelling: 1 ADU 26 Entire structure shall be located within rear 35% of the lot 3 Garden Cottage: 3 Carriage House: 6 If vehicle entrance faces street or side lot line: 3 Residential portion of structure shall not exceed 650 SF Detached garages and all carports All Residential Districts 1-unit dwelling: 1 garage and 1 car- port, 2-unit dwell- ing: 1 garage and 1 carport per unit. More than two-unit dwelling: 1 garage or carport per unit 16 Shall conform to the zone district's minimum front set- back applicable to the principal struc- ture and to applica- ble residential de- velopment and design standards of this Chapter R-1-A: 5 Other districts: 3 If entrance faces alley: 6 If entrance faces street or side lot line: 3 Combined maxi- mum total floor area of all garages and carports shall not exceed 1,000 square feet per unit. If a garage or car- port is converted to another use, an equivalent amount of off-street parking shall be provided. When a garage or carport is converted to another use the existing driveway or carport in the f bk Detached garages and all carports TSA, and all Medi- cal, Business and Industrial Districts Shall conform to zone district standards for principal structures. Storage sheds All Residential Dis- tricts, TSA, Medi- cal, Business, and Industrial Districts 1 10 All R Districts: Shall be located be- hind the rear build- ing line of the prin- cipal structure B Districts: Shall be located behind the front building line of the principal structure TSA & I Districts: Shall conform to zone district stan- dards for principal structures R-1-A: 5; Other R Districts: 3; M M, B, TSA, I Dis- tricts: Shall con- form to zone dis- trict standards for principal structures R-1-A: 5; Other R Districts: 3; M B, TSA, I Districts: Shall conform to zone district stan- dards for principal structures 150 See 16-2-9.A.2 for structures 120 square feet or smaller Other accessory structures not listed above All Residential and Medical Districts 1 12 Other accessory structures shall be located behind the rear building line of the principal struc- ture R-1-A: 5 Other R Districts: 3 R-1-A: 5 Other R Districts: 3 200 See 16-2-9.A.2 for structures 120 square feet or smaller (Ord. 04-5; Ord. 05-25; Ord. 05-26; Ord. 08-37, § 5; Ord. 08-48, §§ 16—19; Ord. 09-28, § 6; Ord. 1-11/12, § 13; Ord. 23-12, § 6; Ord.7-13, § 5; Ord. 45-14, § 3; Ord. 3-15, § 1; Ord. 4-15, § 1) Page 337 of 390 14 Section 6. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 6, Section 4, Subsection E, Paragraph 1, subparagraph 4.1 “Table 16-6-4.1 Minimum Off-Street Vehicle Parking Rations” of the Englewood Municipal Code 2000 as follows: TABLE 16-6-4.1: MINIMUM OFF-STREET VEHICLE PARKING RATIOS Use Off-Street Vehicle Parking Standard Additional Requirements RESIDENTIAL USES Group Living Dormitory, fraternity, sorority 1 parking space per two beds Group living facility, large/special or small 1 parking space per 3 resident beds, plus 1 parking space for each 3 employees Nursing home 1 parking space per 4 resident beds plus 1 parking space for each 3 employees Senior citizen .75 parking spaces per unit plus one guest space for each 5 units Household Living One-unit, detached or attached dwelling 2 spaces per each dwelling unit Senior citizen residential complex (35 per- cent or more of total units reserved for persons 60 years and older) 1 space per 2 dwelling units, plus one guest space for each 5 units Two-unit and multi-unit dwelling: Effi- ciency, 1- or 2-bedroom unit 1.5 spaces per each dwelling unit.(1) Such parking shall be designated and identified as parking for the occupants of the build- ing only. (2) Guests or Visitor Parking for buildings with 5 or more dwelling units: 1 space for each 5 units. Such parking shall be designated and identified as temporary parking for the use of guests or visitors or the occupants of the building only. Two-unit and multi-unit dwelling: 3 or more bedroom unit 2 spaces per each dwelling unit. Boarding or Rooming Houses 1 space for each guest bed, in addition to the one-unit dwelling requirement Accessory Dwelling Unit 1 space in addition to the one-unit dwelling requirement Parking space must be entirely located within rear 35% of the lot PUBLIC/INSTITUTIONAL USES Religious Assembly All 1 space for each 3 seats or every 6 feet of bench length in the main assembly area or auditorium School Education institution - elementary 1 space for each classroom and adminis- trative office Education institution - secondary An area equal to 1/2 the gross floor area in the structure Public Buildings All An area equal to 1/2 the gross floor area in the structure Page 338 of 390 15 ABLE 16-6-4.1: MINIMUM OFF-STREET VEHICLE PARKING RATIOS Use Off-Street Vehicle Parking Standard Additional Requirements COMMERCIAL USES Assembly Assembly hall or auditorium, hall rental for meetings or social occasions 1 space for each 3 seats Entertainment/ Amusement: Indoor Amusement facilities, convention facili- ties, dance halls, gymnasiums, theaters, skating rinks 1 space for each 3 seats Bowling alley 4 spaces per lane, plus 1 additional space for each 2 employees Food and Beverage Service Restaurant, bar, tavern, with or without outdoor operations 1 space per each 100 square feet of gross floor area Medical/Scientific Service Hospital 1 space for each 2 patient beds, plus 1 space for each 2 employees Office All 1 space per each 300 square feet Retail Sales and Service All Under 7,500 square feet: an area equal to 1/2 of the gross floor area; 7,500 square feet gross floor area and above: an area equal to the gross floor area. As applicable, plus adequate stacking spaces as per Section 16-6-4-J below. Vehicle and Equipment Automotive sales, rental; Automobile pawn- broker 1 space for each 2 employees at maximum employment on a single shift, plus 2 spaces for each 300 square feet of sales/office, repair, or maintenance space. Visitor Accommodation Hotel; Hotel, Extended Stay 1 space for each guest room, plus 1 addi- tional space for each 2 employees. Parking for convention facilities and dining areas in the hotel shall conform with the require- ments set forth within. MANUFACTURING/INDUSTRIAL USES Industrial Service and/or manufacturing An area equal to 1/4 the gross floor area occupied by the use in a structure Warehouse/Storage Mini-storage facility Customer parking shall be provided at the manager's office calculated on the basis of one space for each six thousand (6,000) square feet of floor area and open storage, or one space for each one hundred (100) storage units or spaces, whichever is greater. Plus, 2 additional parking spaces for employees shall be provided at the manager's office. Wholesale business An area equal to 1/4 of the gross floor area of the structure or structures. Warehousing and/or storage An area equal to 1/4 of the gross floor area of the structure or structures. Section 7. 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. Page 339 of 390 16 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. 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 19th day of November, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of November, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of November, 2018. Linda Olson 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 19th day of November, 2018. Stephanie Carlile Page 340 of 390 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #2014-01 ) ACCESSORY DWELLING UNITS ) FINDINGS OF FACT, ) CONCLUSIONS AND ) RECOMMENDATIONS RELATING ) FINDINGS OF FACT AND TO AMENDMENTS TO THE UNIFIED ) CONCLUSIONS OF THE DEVELOPMENT CODE ) PLANNING AND ) ZONING COMMISSION INITIATED BY: ) Community Development Department ) 1000 Englewood Parkway ) Englewood, CO 80110 ) Commission Members Present: Townley, Kinton, Pittinos, Brick, Freemire, Madrid, Fish, Austin, Coleman Commission Members Absent: None This matter was heard before the City Planning and Zoning Commission on September 6, 2017, in the Community Room of the Englewood Civic Center. Testimony was received from staff and members of the public. The Commission received notice of Public Hearing, the Staff Report, and a copy of the proposed amendments to Title 16 Unified Development Code which were incorporated into and made a part of the record of the Public Hearing. After considering the statements of the witnesses and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT the Public Hearing on the proposed amendments to the Unified Development Code, Title 16, relating to Accessory Dwelling Units, was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood. 2. THAT notice of the Public Hearing was published in the Englewood Herald on August 24, 2017 and was posted on the City’s website August 17, 2017 through September 6, 2017. 3. THAT the Community Development Department held 13 study sessions on Accessory Dwelling Units and held an open house on June 13, 2017, at which 51 surveys were collected and analyzed. Page 341 of 390 4. THAT ten members of the public spoke in favor of permitting accessory dwelling units. CONCLUSIONS 1. THAT the proposed accessory dwelling unit regulatory text amendments conform to the vision, goals, and objectives outlined in Englewood Forward: The 2016 Englewood Comprehensive Plan. 2. THAT the proposed accessory dwelling unit regulatory text amendments establish purpose, format, eligibility, creation, occupancy, and design parameters for accessory dwelling units, and identifies the MU-R-3-B, MU-R-3-A, R-2-B, R-2-A, and R-1-C zone districts as suitable for new accessory dwelling unit development. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that Case #2014-01 Accessory Dwelling Units be referred to the City Council with a favorable recommendation. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on September 6, 2017, by Fish, seconded by Madrid, which motion states: CASE #2014-01 ACCESSORY DWELLING UNITS BE APPROVED AND FORWARDED TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION. AYES: Townley, Kinton, Pittinos, Brick, Madrid, Austin, Coleman NAYS: Fish, Freemire ABSTAIN: None ABSENT: None Motion carried. These Findings and Conclusions are effective as of the meeting on September 6, 2017. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Daryl Kinton, Chair Page 342 of 390 MINUTES Planning and Zoning Commission Meeting Wednesday, September 6, 2017 1000 Englewood Pkwy – Community Room 7:00 PM COMMISSIONERS PRESENT: Cate Townley Daryl Kinton Merc Pittinos John Brick Mike Freemire Patrick Madrid Ron Fish Michele Austin Randall Coleman COMMISSIONERS ABSENT: STAFF PRESENT: Audra Kirk, Planner II John Voboril, Planner II Harold Stitt, Senior Planner 1. Call to Order The meeting was called to order at 7:00 pm in the Community Room by Chair Kinton. 2. Public Hearing Case ZON2017-002, 3333 South Pearl Street Moved by Member Michele Austin Seconded by Member Mike Freemire TO OPEN THE PUBLIC HEARING FOR CASE ZONE2017-002, 3333 SOUTH PEARL STREET. For Against Abstained Cate Townley x Daryl Kinton x Merc Pittinos x John Brick x Mike Freemire (Seconded By) x Patrick Madrid x Ron Fish x Michele Austin (Moved By) x Page 343 of 390 Planning and Zoning Commission September 6, 2017 Randall Coleman x 9 0 0 Motion CARRIED. Audra Kirk, Planner II was sworn in. The public hearing is for an application to rezone 3317, 3323 and 3333 South Pearl Street from R-1-C Single-Unit Residential to a Planned Unit Development. Proof of posting and publication were submitted for the record, along with three emails from residents that were received after materials were sent to Commissioners. Ms. Kirk provided an overview of the project and surrounding properties; she answered questions from the Commission. John Voboril, Planner II was sworn in. Mr. Voboril answered questions from Commissioners regarding the Comprehensive Plan and exploring transitional areas. Casey Adragna, 2192 West Caley Avenue, was sworn in. Mr. Adragna stated he was the owner of 3333 South Pearl Street. Mr. Adragna reviewed the project and how it meets various goals within the Comprehensive Plan. Parking is a concern in the neighborhood; therefore, each townhome would have a 2-car garage. He is researching a public-private partnership with the City to pave the entire alley. Scott Brann, 8474 South Brentwood Street, was sworn in. Mr. Brann and his wife are the property owners of 3323 South Pearl Street. Their plan is to redevelop the property in order to lease out one unit and live in the other while they travel. Kelley Rhodes, 3317 South Pearl Street, was sworn in. Her plan is to upgrade her home and keep it in her family. Mr. Adragna answered questions from the Commission. Ian Wisekal, 3301 South Pearl Street, was sworn. He testified in favor of the application. Britt Fuiks, 3151 South Clarkson Street, was sworn. She spoke in favor of paving the alleys. Ms. Kirk stated the properties cannot be rezoned to R-2-B or MU-R-3-C because the applicant does not have 37,500 square feet of property; however, he has enough property for a PUD which only requires 21,280 square feet. Ms. Kirk answered questions regarding rezoning the entire block, the rezoning process and the PUD criteria. Moved by Member John Brick Seconded by Member Mike Freemire Page 344 of 390 Planning and Zoning Commission September 6, 2017 TO CLOSE THE PUBLIC HEARING FOR CASE ZON2017-002. For Against Abstained Cate Townley x Daryl Kinton x Merc Pittinos x John Brick (Moved By) x Mike Freemire (Seconded By) x Patrick Madrid x Ron Fish x Michele Austin x Randall Coleman x 9 0 0 Motion CARRIED. Commissioners discussed the case and the criteria. Commissioners then voted and stated their findings. Moved by Member Ron Fish Seconded by Member Mike Freemire APPROVE CASE ZON2017-002, 3317, 3323, AND 3333 SOUTH PEARL STREET PLANNED UNIT DEVELOPMENT AND FORWARD TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION. For Against Abstained Mike Freemire (Seconded By) x Ron Fish (Moved By) x Cate Townley x Daryl Kinton x Merc Pittinos x John Brick x Patrick Madrid x Michele Austin x Randall Coleman x 4 5 0 Motion DEFEATED. 3. Public Hearing Case 2014-01 Accessory Dwelling Units Moved by Member Ron Fish Seconded by Member Randall Coleman Page 345 of 390 Planning and Zoning Commission September 6, 2017 TO OPEN THE PUBLIC HEARING FOR CASE 2014-01 ACCESSORY DWELLING UNITS. For Against Abstained Cate Townley x Daryl Kinton x Merc Pittinos x John Brick x Mike Freemire x Patrick Madrid x Ron Fish (Moved By) x Michele Austin x Randall Coleman (Seconded By) x 9 0 0 Motion CARRIED. John Voboril, Planner II, was sworn in. Notice of the public hearing was published in the Englewood Herald on August 24, 2017 and was published on the City's website on August 17. Further, the public was notified of the public hearing through the City's website and the June 13, 2017 open house. Mr. Voboril introduced the case by stating the public hearing is regarding accessory dwelling unit regulatory amendments to Title 16 of the Unified Development Code. Mr. Voboril reviewed the Commission's previous action on accessory dwelling units, provided the background and analysis of the case, and the various requirements. Mr. Voboril answered questions from the Commission. Rebecca Alexis, 1982 South Pennsylvania, Denver, was sworn in. Ms. Alexis spoke in favor of accessory dwelling units. Brian Pearson, 2962 Montclair Ct. Highlands Ranch, was sworn in. Mr. Pearson spoke in favor of accessory dwelling units. Jeff Stillwell, 2935 South Marion, was sworn in. Mr. Stillwell questioned why the R-1-A and R-1-B zone districts were excluded from having accessory dwelling units. Cynthia Searfos, 3297 South Downing St, was sworn in. Ms. Searfos spoke in opposition of accessory dwelling units. She does not want the increased traffic, crime, and density. Randal Friesen, 4581 South Cherokee St., was sworn in. Mr. Friesen spoke in favor of accessory dwelling units. Tiffany Madrid, 3396 South Grant St., was sworn in. Ms. Madrid spoke in favor Page 346 of 390 Planning and Zoning Commission September 6, 2017 of accessory dwelling units; however, she would like the size requirements larger. Jacob Bettis, 2961 South Bannock St., was sworn in. Mr. Bettis spoke in favor of accessory dwelling units. Judy Brown, 1033 West Stanford Pl., was sworn in. Ms. Brown spoke in favor of accessory dwelling units and the residency restriction. Laura Jones, 3106 South Sherman Street, was sworn in. Ms. Jones spoke in favor of accessory dwelling units. Barbara Peterson, 3371 South Corona Street, was sworn in. Ms. Peterson spoke in favor of keeping the restricted zone districts and the residency requirements. Britt Fuiks, 3151 South Clarkson Street, was sworn in. Ms. Fuiks encouraged those with strong feelings about the regulations to attend the City Council study session. Moved by Member John Brick Seconded by Member Mike Freemire TO CLOSE THE PUBLIC HEARING FOR CASE 2014-01 ACCESSORY DWELLING UNITS. For Against Abstained Cate Townley x Daryl Kinton x Merc Pittinos x John Brick (Moved By) x Mike Freemire (Seconded By) x Patrick Madrid x Ron Fish x Michele Austin x Randall Coleman x 9 0 0 Motion CARRIED. The Commission took a 5 minute recess. The Commission asked Mr. Voboril additional questions and discussed the case. The Commissioners then voted and stated their findings. Moved by Member Ron Fish Seconded by Member Patrick Madrid Page 347 of 390 Planning and Zoning Commission September 6, 2017 THAT CASE 2014-01 ACCESSORY DWELLING UNITS BE APPROVED AND FORWARDED TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION. For Against Abstained Cate Townley x Daryl Kinton x Merc Pittinos x John Brick x Mike Freemire x Patrick Madrid (Seconded By) x Ron Fish (Moved By) x Michele Austin x Randall Coleman x 7 2 0 Motion CARRIED. Moved by Member Mike Freemire Seconded by Member Patrick Madrid THAT THE REMAINDER OF THE AGENDA BE SUSPENDED DUE TO TIME. For Against Abstained Cate Townley x Daryl Kinton x Merc Pittinos x John Brick x Mike Freemire (Moved By) x Patrick Madrid (Seconded By) x Ron Fish x Michele Austin x Randall Coleman x 9 0 0 Motion CARRIED. 4. Adjourn The meeting adourned at 10:00 pm. Page 348 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Lee DEPARTMENT: Parks, Recreation & Library DATE: November 19, 2018 SUBJECT: Romans Park Tennis Courts and Playground Design Services DESCRIPTION: Romans Park Tennis Courts and Playground Design Services RECOMMENDATION: Staff recommends that Council approve by motion a Professional Services Agreement for design services for Romans Park Tennis Courts and Playground. PREVIOUS COUNCIL ACTION: There has been no previous Council action on this issue. SUMMARY: Staff intends to apply for an Arapahoe County Open Spaces grant in the amount of $500,000 in early 2019 for replacement of the deteriorated and aging tennis courts and playground at Romans Park. In order to complete the grant application, a design, construction documents, bid specifications and budget are necessary. Goodbee and Associates, Inc. has agreed to provide the necessary design services for preparation of the grant and construction support. ANALYSIS: Goodbee and Associates was selected to provide design and construction support based on their extensive experience and previous experience with the City for design work on other grant projects. Goodbee has the resources and time available to complete this project before the grant application is due. FINANCIAL IMPLICATIONS: The fees for design, construction documents and bid specifications provided by Goodbee and Associates is based on a time and materials basis that is not to exceed $31,800.57 for their services. A breakdown of tasks, associated fees and rates is attached. Funding for this work is budgeted in the 2018 Open Space Fund under Contingency. A Fund Balance Report is attached. ALTERNATIVES: The alternative would be to openly advertise a request for design services. T his would cause a delay in the process and effectively cause staff to miss the grant deadline. The Arapahoe County grant application will be available January 16, 2019 and is due back to the County on Page 349 of 390 April 12, 2019. This is a very short window for gathering information, providing design, building detailed and summary budgets, providing community input and support along with grant writing. CONCLUSION: Staff recommends hiring Goodbee and Associates to provide Professional Services for the design and other necessary documents. This is necessary in order to move forward quickly with the required documents to complete a grant application in a very short period of time, thus allowing the City to secure a grant and improve the amenities and quality of Romans Park. ATTACHMENTS: Contract Approval Summary - Goodbee Professional Services Agreement 18-63 Goodbee Open Space Fund - 18 Page 350 of 390 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: Dave Lee Phone: 303-762-2687 Title: Open Space Manager Email: dlee@englewoodco.gov Vendor Contact Information Vendor Name: Goodbee & Associates, Inc. Vendor Contact: Patti Miers Vendor Address: 7600 Landmark Way, 902-2 Vendor Phone: 303-912-9334 City: Greenwood Village Vendor Email: patti@goodbeeassoc.com State: Colorado Zip Code: 80111 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 2018 End Date: August 2019 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $31,800.57 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Page 351 of 390 Contract Approval Summary V10/25/2017 Page | 1 Payment terms (please describe terms or attach schedule if based on deliverables): Monthly upon invoice Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Source of funds (Insert Excel Document): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☒Prior Month Project Status and Fund Balance Report Process for Choosing Vendor: ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of proposed awardee ☐RFP: ☐ RFP Evaluation Summary attached ☐ RFP Response of proposed awardee ☐Quotes: Copy of Quotes attached ☐Sole Source: Explain Need below ☒Other: Please describe Page 352 of 390 Contract Approval Summary V10/25/2017 Page | 1 Page 353 of 390 _m3u_0<<OOt vmo_ummm_oz>_.mmm<_omm>ommm_smz._. 00:260.z:_._._um_.323.8 Oo:m:=_:mwm_.<.ommIo:..m:mum...»mm:o<m=o:meS.moo.mq ._._.=w_u_.oammm.o:m_mm_.<8mm>m_.mm..:m.:Em..>namm:._m:3_m33¢mm2 EW 32 2 _mo.Em..m2mo._<mUm.m..V.2man_um2<mm:oooaummw>mmoo_m"mm.En.m oo_o_.mao no_._uo_.m=o_._A..Oo:m:=m:3_man._._._m92Qm:c_m<<ooa.oo_oEao.mBE...mum.no_.noB__o:oamanma _._:am_.Em_m<<m2Emm..8_mcaOo_o_.maoA..O:<J. 0.2amm._.mmEm:ooamczma.:0333m8.._am._..._.o<Emom:m_:oo:m:=__._omm_.<_omm.m<m.m3m E_mc_.m=o:mm_.<mnmm_nm?oo:<m_.m_o:mm_.<_nmm.am.Somm2.omm_m:n_\o._.m_m8a mm2_omm mm%m2.a.a _..m«m__._.manOo:m:=m_:amw__.mm8um_.8_.3man:mm2_omwo:cm:m=205o:Em "m_.3m manoozqaosm mm"8:::mE._:. _:oo:mEm_.m=o:o.Em8«muo=._mmanEm.m:.:mEmamimzmqmm"8::manoEm.moonmam<m_:mu_m no:mEm_.m:o:.Em«mom?.manm::_o_m:o<oq<<_..._o:m..m_..m_.mc<mo_3o<<_maoma.Em umamm:m_.m8_ _3m:a_.._u8cm_mam__<cocwa.mo_.mmmm8__o<<m” 4.Ummamzosm.._.:m.m_.:._mmm.8::cm_o<< 25..am8.38mm8__o<<m” A3.._:»m__mnEm__u3um:<3638.. m_..m__3mm:m:<manm__?<<<:m8<m_.:m3mo_. 8::.392:onamw._m:m.m&.m:mE_mman .:.m_.6=u_mman:92.302...2Em?mmnmqmx_m=:m 3.638mmmon?nm<<_E<<o_.xm2mcEoB:_u E_.o:o:oSEm..=.._<m..mm._:o_:a_:mUSso. ___.:=mn_8oou<_,6Em_3o_.m_3:8.manBmmx. 50:8.5._.mam3m«xmanzmam:m3m_.6:.m manm=:__m_._..n:.m.8V3%mmn_.m_.6393 um.m:.m.amw?am.m_uo1E3mmanoEm« Ea_._m=_m_u8um:<«aim.A9m__232 _:.m__moEm_man_:QcwEm_u6um:<«E38A3 m<m_.<Esqman:mE..mE..o:mEoSEm::_<mGm man:o<<m<m.nmm6:m_m&e_..n_:q_:u_onom. ...m_._.m_..33¢man_._o_..88.m3::m..m._o3. <<:mEmqmzmiuc<oum_.m._o:Q_m<<.oo:._.mor msmm.o_.oEm:2_mm.munA3m__.mm.m._.m=o:m._.m_mnu__om._o:m._.m:m<<m_m.mx"m_._m.o_._m_ oo:z:.._m._o:m_a_<mm_o:mo_.qmmmmcmw_._m_.mo*:92 o_.Em.mm=m1:83me:o_cn.:nm:<_.6:_mEm:< 2Em8_.muo_:9. 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Eo_...im_m.<.63»32.3 SEO:_=n_nm.mm=5 88mao?zoaa_um:2B<mauisoon.oeoaaoR:3.83 any:..~.mu8<2sz.m_..n_o£oo3o<.o6 Page 357 of 390 Page 358 of 390 Page 359 of 390 Page 360 of 390 Page 361 of 390 Page 362 of 390 Page 363 of 390 Page 364 of 390 Page 365 of 390 Page 366 of 390 Page 367 of 390 Page 368 of 390 Page 369 of 390 A B C A+B+C D E D+E A+B+C-D-E Fund Bal.Budget New World Project Carry Fwd.2018 BUDGET Amend REVISED 2018 2018 TOTAL APPROP. Project Task #PROJECT End Date 12/31/2017 Approp.Amendments Notes BUDGET EXPEND.ENCUMB.EXP. AND ENC.BALANCE 10 1300 001 Parks Equipment Ongoing 35,268.24 10,000.00 45,268.24 29,667.80 29,667.80 15,600.44 10 1300 002 Tree Replacement Ongoing 14,317.00 30,000.00 44,317.00 15,273.64 15,273.64 29,043.36 10 1300 003 Parks flower bed program Ongoing 14,107.52 35,000.00 49,107.52 26,116.75 26,116.75 22,990.77 10 1300 004 Parks Rules Signage Ongoing 27,031.16 20,000.00 47,031.16 312.00 312.00 46,719.16 10 1300 005 Parks Landscape Improvements Ongoing 77,419.71 65,000.00 142,419.71 2,714.41 460.00 3,174.41 139,245.30 10 1300 006 Open Space Land Bank Ongoing 502,090.00 502,090.00 - 502,090.00 10 1300 007 Tennis/Basketball Court Renovation Ongoing 75,000.00 75,000.00 - 75,000.00 10 1300 008 Irrigation System Replacement Ongoing 114,047.24 20,000.00 134,047.24 4,553.26 4,553.26 129,493.98 10 1300 009 Parks Maintenance Employee Compensation Ongoing - 115,000.00 115,000.00 15,733.54 15,733.54 99,266.46 10 1300 010 Canine Corral - - 745.00 745.00 (745.00) 10 1300 100 FabriDam Replacement - PW 2017 224,282.34 224,282.34 32,933.00 32,933.00 191,349.34 10 1300 101 Belleview Railroad Bridge Repair - - 490.94 490.94 (490.94) 10 1300 102 Concrete Trail Replacement - PW Sum 17 65,800.00 20,000.00 85,800.00 - 85,800.00 10 1300 103 Miller Building Demolition - PW May-17 2,234.10 3,065.90 From Task 999 5,300.00 5,300.00 5,300.00 - 10 1300 104 Parks Irrigation Well Assessments Fall 17 102,037.66 (102,037.66) Close to FB - - - 10 1300 105 Belleview Maintenance Building - PW 40,000.00 40,000.00 36,111.00 36,111.00 3,889.00 10 1300 998 Grant Matching Funds Ongoing 156,913.00 250,000.00 406,913.00 - 406,913.00 10 1300 999 Contingency Ongoing 138,643.00 50,000.00 (27,867.40) 160,775.60 50,366.87 23,146.13 73,513.00 87,262.60 SUBTOTAL 1,589,190.97 615,000.00 (126,839.16) - 2,077,351.81 220,318.21 23,606.13 243,924.34 1,833,427.47 10 1300 500-01 Rotolo Park Grant - - - - 10 1300 500-02 Rotolo Park Shelter Grant 50,000.00 - 50,000.00 50,000.00 50,000.00 - 10 1300 500-03 Rotolo Park Shelter Match 13,200.00 - 24,801.50 From Task 999 38,001.50 38,001.50 38,001.50 - SUBTOTAL 63,200.00 - 24,801.50 88,001.50 88,001.50 - 88,001.50 - 10 1300 501-01 NW Greenbelt Trail Connection Grant - - - - - 10 1300 501-02 NW Greenbelt Trail Connection Match 7,115.41 - 7,115.41 5,303.70 5,303.70 1,811.71 SUBTOTAL 7,115.41 - - 7,115.41 5,303.70 - 5,303.70 1,811.71 10 1300 503-01 Belleview Park Improvements Grant 250,000.00 250,000.00 194,985.08 7,771.95 202,757.03 47,242.98 10 1300 503-02 Belleview Park Improvements Match 83,900.00 83,900.00 64,995.03 2,590.65 67,585.68 16,314.33 Sub Total 333,900.00 - - - 333,900.00 259,980.10 10,362.60 270,342.70 63,557.30 TOTALS 1,993,406.38 615,000.00 (102,037.66) - 2,506,368.72 573,603.51 33,968.73 607,572.24 1,898,796.48 OPEN SPACE FUND PROJECT STATUS AND FUND BALANCE REPORT September 30, 2018 OSF-18.xlsx 10:28 AM 11/8/2018 Page 370 of 390 COUNCIL COMMUNICATION TO: Mayor and Council FROM: John Voboril DEPARTMENT: Community Development DATE: November 19, 2018 SUBJECT: Resolution Supporting the Englewood Light Rail Corridor FY 2019 Next Steps Study Application for DRCOG FY 2019 Station Area Master Plan and Urban Center Studies Planning Grant Funding DESCRIPTION: Resolution Supporting the Englewood Light Rail Corridor FY 2019 Next Steps Study Application for DRCOG FY 2019 Station Area Master Plan and Urban Center Studies Planning Grant Funding RECOMMENDATION: Community Development recommends Council approval of a Resolution supporting the Englewood Light Rail Corridor FY2019 Next Steps Study Application for Denver Regional Council of Governments (DRCOG) FY2019 Station Area Master Plan and Urban Center Studies planning grant funding. The Resolution will authorize the Community Development Department to submit an application for funding by the November 30 deadline. PREVIOUS COUNCIL ACTION: City Council previously supported applications to obtain planning grant funding from the DRCOG Station Area Master Plan and Urban Center Studies funding pool. Community Development successfully applied for funding to complete the Englewood Light Rail Corridor Station Area Master Plan (2013) and the Englewood Light Rail Corridor Next Steps Study (2015), both of which were adopted by City Council. SUMMARY: The original Englewood Light Rail Corridor Station Area Master Plan established a vision of the development potential of Englewood’s station area neighborhoods, and key infrastructure investments that would connect each neighborhood to the Englewood and Oxford LRT Stations. The Englewood Light Rail Corridor Next Steps Study provided engineering analysis for the key infrastructure investments, as well as a competitive market and strategic redevelopment analysis of the CityCenter Englewood area. The strategic analysis recommended the establishment of a Downtown Development Authority as the key organizational structure to plan for and finance future redevelopment initiatives in the CityCenter, Downtown, and Medical District areas. The Downtown Development Authority strategy was reaffirmed through inclusion in Englewood Forward: The 2016 Englewood Comprehensive Plan. City Council was briefed at the October 22, 2018 study session by Chief Redevelopment Officer Dan Poremba on the subject of the Englewood Redevelopment Action Plan. This included information on the initial phase Downtown Development Authority feasibility analysis work currently being completed by Portell Works and Progressive Urban Management Associates Page 371 of 390 (PUMA) and the initial phase of CityCenter redevelopment planning and design work being completed by Tryba Architects. Both of these initial phase contracts were initiated earlier in 2018 in conjunction with the recent foreclosure of the Weingarten Realty commercial property at CityCenter and the related recommendations by the Urban Land Institute studies to better connect and integrate Englewood’s commercial core, consisting of CityCenter, Downtown Englewood, the Broadway Corridor and the Hospital/Healthcare District. The initial Portell Works and Tryba Architects professional services work is expected to have significant subsequent phases, likely in tandem with additional professional services work from other consultants. The DRCOG Station Area Master Plan and Urban Center Study planning grant funding represents a timely opportunity for the City of Englewood to fund a continuation of these critical activities beyond the limited extent to which they could be funded under the City’s 2019 budget. ANALYSIS: As an “inner ring” Metro Denver city that is already built-out, Englewood must be proactive and creative in implementing redevelopment and revitalization initiatives to remain competitive in attracting and retaining employers, retailers and residents. As such, some of the goals of the Englewood Redevelopment Action Plan are to: • Improve Englewood’s attractiveness, vibrancy and financial sustainability, • Build on our authentic character while minimizing the impacts of uncoordinated market- driven redevelopment, • Protect and grow property values and tax revenues and generate new revenue sources for the City. Coincidentally, Englewood’s redevelopment and revitalization goals are very consistent with the overarching goals of the DRCOG Station Area Master Plan and Urban Center Study planning grant as well as the specific tasks eligible for funding. The availability of this possible funding source coincides well with the urgency of the Englewood’s timing based on the following: • Importance of proactively protecting the City’s various interests in connection with the Weingarten foreclosure in CityCenter, • Favorable redevelopment opportunities available to Englewood, especially at CityCenter, due to the Metro Denver area’s very high current profile among national and international real estate developers and investors, • Optimum window of opportunity for attracting real estate and new business investment capital under the new Federal Opportunity Zones Program (Englewood’s commercial core is located within designated Opportunity Zones), • Need for Englewood to implement a special district strategy (most likely a Downtown Development Authority), as many similar Colorado municipalities have done, in order to provide a practical, fair and efficient platform to help finance, market and operate their central commercial areas within an increasingly competitive regional marketplace. Based on the urgency of addressing Englewood’s redevelopment and revitalization needs, the DRCOG Station Area Master Plan and Urban Center Study planning grant funding could not be better timed. Given the nature of Englewood’s funding needs, the related initial-phase contract Page 372 of 390 work already underway and the continuity with past DRCOG grant awards, it would appear that Englewood is well positioned to pursue this grant funding at this time. The potential Englewood Light Rail Corridor FY2019 Next Steps Study application may address the following subjects as outlined in the DRCOG FY19 Station Area Master Plan and Urban Center Studies eligibility criteria: • Access management plans • Corridor redevelopment strategies • Design studies and concepts for multi-modal infrastructure projects • Street design standards/manuals • Multi-use trail/bike facilities plan • Pedestrian facilities plan • Urban design guidelines • Comprehensive wayfinding plans and strategies • Traffic circulation studies • First/last-mile mobility implementation, financing, partnership studies • Transit enhancement feasibility studies • Transportation demand management studies and implementation activities • Parking management strategies FINANCIAL IMPLICATIONS: Community Development recommends applying for the maximum funding amount of $200,000.00. In order to leverage the full $200,000.00, the City will be required to put up a local match of $41,575.00. The breakdown of federal versus local share is 82.79% to 17.21%. The City’s match will come from the Community Development professional services budget. If Community Development is successful in applying for funding from DRCOG, an Intergovernmental Agreement (IGA) will be presented to Council for approval by Ordinance. Council will also need to approve consulting contracts in the amount of $25,0000 and over in order to authorize the funds to be spent. ATTACHMENTS: 1. Resolution 2. Application for DRCOG FY2019 Station Area Master Plan and and Urban Studies Planning Grant Funding Page 373 of 390 RESOLUTION NO. ____ SERIES OF 2018 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE AN APPLICATION WITH THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) FOR FISCAL YEAR 2019 DRCOG TRANSPORTATION IMPROVEMENT PROGRAM (TIP), SURFACE TRANSPORTATION BLOCK GRANT WHEREAS, the Denver Regional Council of Governments (“DRCOG”) provides funding to support communities in efforts to create local visions and action strategies that ultimately assist in the implementation of Metro Vision, the regions long-range plan for growth and development; WHEREAS, there are four types of planning studies eligible through this funding opportunity, Urban Center Study/Station Area Master Plan,; Next Steps Study; Corridor-wide Plan; and Area Planning and Implementation Strategies; WHEREAS, eligible study sponsors include local governments, RTD, and non-profits; WHEREAS, the funding source originates from the Federal Highway Administration, and administered by DRCOG; WHEREAS, the City may apply for up to $200,000.00 in grant funding with a City cash match of $41,575.00, for a total of $241,575.00 dollars; WHEREAS, City Council previously supported applications to obtain planning grant funding from the DRCOG Station Area Master Plan and Urban Center Studies funding pool, successfully applying for and completing the Englewood Light Rail Corridor Station Area Master Plan (2013) and the Englewood Light Rail Corridor Next Steps Study (2015); WHEREAS, the Englewood Light Rail Corridor Next Steps Study and Englewood Forward: The 2016 Englewood Comprehensive Plan recommend the establishment of a Downtown Development Authority and associated Downtown Plan of Development to oversee and implement physical infrastructure improvements and facilitate private real estate investments in the CityCenter, Downtown, and Medical Districts; WHEREAS, the Englewood City Council was briefed at the October 22, 20018 City Council study session on the subject of the Englewood Redevelopment Action Plan initial phase feasibility analysis and planning and design work, and needs for subsequent phase professional services work; WHEREAS, the DRCOG Station Area Master Plan and Urban Center Studies planning grant funding may be used by the City of Englewood to address subjects outlined in the FY19 Station Area Master Plan and Urban Center Studies eligibility criteria; WHEREAS, the City of Englewood, Colorado, desires to apply for these funds through the Denver Regional Council of Governments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Page 374 of 390 Section 1. The City of Englewood, Colorado, is hereby authorized to file an application for Transportation Improvement Program (TIP), Surface Transportation Block Grant funds, through DRCOG for fiscal year 2019. Section 2. The Mayor and City Clerk are authorized to sign and attest all necessary forms, documents, assurances, certifications and letters for the Englewood Light Rail Corridor FY 2019 Next Steps Study Application for DRCOG FY 2019 Station Area Master Plan and Urban Center Studies planning grant funding. ADOPTED AND APPROVED this 19th 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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PREVIOUS COUNCIL ACTION: City Council, on November 5, 2018, announced that negotiations with the selected candidate had failed. Since November 5th an internal candidate (Dorothy Hargrove) has indicated her desire to be appointed as Interim City Manager. SUMMARY: Ms. Dorothy Hargrove has been acting Interim City Manager, since Mr. Eric Keck left the city's employment. Ms. Hargrove is now requesting appointment as Interim City Manager. ATTACHMENTS: Resolution Contract Letter of Interest Page 383 of 390 1 RESOLUTION NO. _____ SERIES OF 2018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH DOROTHY HARGROVE FOR PROVISION OF INTERIM CITY MANAGEMENT SERVICES TO THE CITY OF ENGLEWOOD. WHEREAS, the City and Ms. Hargrove have agreed to the terms of a professional services agreement, under which Ms. Hargrove shall provide certain professional services to the City for approximately six months, dependent upon the date of selection of a permanent City Manager, all as more specifically set forth in that certain Professional Services Agreement attached hereto as Exhibit A (the "Agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council hereby (a) approves the Agreement, in substantially the form attached hereto as Exhibit A, (b) authorizes the City Attorney to make such changes as may be needed to correct any nonmaterial errors or language or to negotiate such changes to the Agreement as may be appropriate that do not substantially increase the obligations of the City, and (c) authorizes the Mayor to execute the same on behalf of the City with the approval of the City Attorney. Section 2. Effective Date. This Resolution shall take effect upon its approval by the City Council. Section 3. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining issues of this Resolution. ADOPTED AND APPROVED this 19th day of November, 2018. Linda Olson, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk Page 384 of 390 2 I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2018. ______________________________ Stephanie Carlile, City Clerk Page 385 of 390 .JII m_<=.._.o<_smz..>mamm_<_mz4 ._.:_m>mzmm_<_mz._.W3mam3macm2<mm:EmQ22m:m_m<<oon.no_o_muo.mno_o«mao 3E:n:...m_no_.uo_.mzo:A..Q2=:msnUo3EIma_.o<mm:_2:<E.._m_um_.uo:?:m.._3Q2_<_m:mmm_.:. 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