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HomeMy WebLinkAbout2017-02-06 (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, February 6, 2017 ♦ 7:00 PM 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes from the Regular City Council Meeting of January 17, 2017. City Council Regular - 17 Jan 2017 - Minutes 6. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday, prior to the meeting, through the City Manager’s Office. Only those who meet the deadline can speak in this section. (This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes.) a. Mark Swanson, Englewood resident, will address Council regarding Code Enforcement. b. Jason Sakry, Englewood resident, will address Council regarding decorum. c. Jeremey Letkomiller, Englewood resident, will address Council regarding the attempted removal of the Mayor. d. Cassandra Letkomiller, Englewood resident, will address Council regarding the attempted removal of the Mayor. e. Gavin Letkomiller, Englewood resident, will address Council regarding the attempted removal of the Mayor. f. Coween Dickerson, Englewood resident, will address Council regarding communications. g. Ida May Nicholl, Englewood resident, will address Council regarding the Englewood City Council. h. Kathleen Bailey, Englewood resident, will address Council regarding the attempted removal of the Mayor. i. Elaine Hults, Englewood resident, will address Council regarding Council decorum. j. John Odenheimer, Centennial resident, will address Council regarding the sex offender residency ordinance. k. Doug Cohn, Englewood resident, will address Council regarding historic preservation. Page 1 of 141 Englewood City Council Regular Agenda February 6, 2017 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. l. Susan Walker will address Council regarding the sex offender residency restrictions. m. Bob Farris, Englewood resident and business owner, will address Council regarding miscellaneous separate issues. n. Steven Ward, Englewood resident, will address Council regarding Council's performance. 7. Recognition of Unscheduled Public Comment Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. (This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion.) Council Response to Public Comment. 8. Communications, Proclamations, and Appointments a. A Resolution appointing Richard Langdon to the Alliance for Commerce in Englewood Committee (ACE). b. A Resolution appointing Amy Gallegos as an alternate voting member to the Alliance for Commerce in Englewood Committee (ACE). c. A Resolution appointing Robert Ellstrom to the Board of Adjustment and Appeals. d. A Resolution appointing Coween Dickerson as an alternate voting member to the Board of Adjustment and Appeals. e. A Resolution appointing Jerry Walker as a non-voting alternate member to the Code Enforcement Advisory Committee. f. A Resolution appointing Julie Bowden to the Code Enforcement Advisory Committee. g. A Resolution appointing David Carroll the Cultural Arts Commission in Englewood Committee (CAC). h. A Resolution appointing Cheryl Wink the Cultural Arts Commission in Englewood Committee (CAC). i. A Resolution appointing Rebecca Laurie-Betancourt as an alternate member to the Cultural Arts Commission. j. A Resolution appointing Fermin Avila to the Election Commission. k. A Resolution appointing Robert Watson to the Election Commission. l. A Resolution appointing Laurel Rhodes to Keep Englewood Beautiful Commission. m. A Resolution appointing Nathan Pavelka to Keep Englewood Beautiful Commission. n. A Resolution appointing Jennifer Heller to Keep Englewood Beautiful Commission. Page 2 of 141 Englewood City Council Regular Agenda February 6, 2017 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. o. A Resolution appointing Meg Griffin to Keep Englewood Beautiful Commission. p. A Resolution appointing Lauren Thome to Keep Englewood Beautiful Commission. q. A Resolution appointing Christine Adams to the Parks and Recreation Commission. r. A Resolution appointing Kathy Christie to the Parks and Recreation Commission. s. A Resolution appointing Jeremy Letkomiller as an alternate member to the Planning and Zoning Commission. t. A Resolution appointing Michelle Austin to the Planning and Zoning Commission. u. A Resolution appointing Lily Siegel-Gardner to the Public Library Board. v. A Resolution appointing Kristin "Britt" Fuiks to the Urban Renewal Authority. w. A Resolution appointing Bernie Costello to the Urban Renewal Authority. x. A Resolution appointing Timothy Johnson to the Water and Sewer Board. y. A Resolution re-appointing Michelle Mayer to the Public Library Board. z. A Resolution re-appointing Daryl Kinton to the Planning and Zoning Commission. aa. A Resolution re-appointing Kathryn Sturtevant James to the Keep Englewood Beautiful Commission. Board and Commission Appointments 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. Council Bill 3 - Staff recommends that Council adopt a Bill for an Ordinance to enter into a Memorandum of Understanding (MOU) between the City of Englewood and Xcel Energy to support the Partners In Energy program. Staff: Strategy and Innovation Officer Mark Woulf Partners in Energy Program ii. Council Bill 5 - Staff recommends that Council approve a Bill for Ordinance as a cosponsor of the Small Business Administration’s (SBA) Emerging Leaders Program by waiving fees associated with the use of the Community Room. Englewood’s support for this event will allow the SBA to host this event at Englewood Civic Center. Staff: Economic Development Manager Darren Hollingsworth IGA SBA Program iii. Council Bill 7 - The Police Department recommends that City Council adopt a Bill for an Ordinance authorizing the Police Department to apply for and accept funding in the amount of $23,940 from the 2017 VALE Grant. Staff: Victim Services Coordinator Nancy Wenig IGA VALE Grant iv. Council Bill 2- Staff recommends that Council approve a Bill for an Ordinance recommend Council accepting a Water Service Line Easement to serve the City Page 3 of 141 Englewood City Council Regular Agenda February 6, 2017 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. owned Paseo. Staff: Open Space Manager Dave Lee and Planner II Brook Bell Broadway & Acoma Lofts Water Service Line Easement b. Approval of Ordinances on Second Reading. i. Council Bill 1 - Staff recommends that Council approve a Bill for an Ordinance authorizing an Intergovernmental Agreement with Arapahoe County regarding acceptance of grant funding for the Northwest Greenbelt Trail Connection Project. Staff: Open Space Manager Dave Lee IGA NW Greenbelt Trail Connection c. Resolutions and Motions i. Staff recommends that Council approve, by motion, an agreement with Slate Communications for professional services related to communications. Staff: Assistant City Manager Murphy Robinson Slate Communications Service Agreement ii. Staff recommends Council approve by motion a Services Agreement with Sprint Solutions, Inc., for Mobility as a Service. Staff: Director of IT Margaret Brocklander Sprint Mobility Service Agreement 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. Council Bill 4 – Staff recommends Council approve a Bill for an Ordinance amending the current ordinance requirement restricting convicted sex offenders to be Two Thousand Feet (2,000’) from any school, park or playground to One Thousand Feet (1,000’). Staff: Acting City Attorney Dugan Comer Amend EMC Title 7-3-3(A)(ii)(c) Distancing Requirement ii. Council Bill 6 - Staff recommends Council approve a Bill for an Ordinance amending Title One, Chapter 10, Section 3 EMC to allow for an official conducting a Quasi-Judicial Hearing to issue and enforce subpoenas to testify. Staff: Acting City Attorney Dugan Comer Amend EMC Title 1-10-3 b. Approval of Ordinances on Second Reading c. Resolutions and Motions 12. General Discussion a. Mayor's Choice b. Council Members' Choice i. If Council members want to attend the NLC Conference in Washington, D.C. from March 5-9, 2016, Council can approve a motion approving approximately $8,028 Page 4 of 141 Englewood City Council Regular Agenda February 6, 2017 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. for three Councilors to attend. NLC Conference 13. City Manager’s Report a. Agenda Review Agenda - Tentative Study Session Topics 14. City Attorney’s Report 15. Adjournment Page 5 of 141 MINUTES City Council Regular Meeting Tuesday, January 17, 2017 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 Jefferson at 7:09 p.m. 2 Invocation The invocation was given by Council Member Russell. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Russell. 4 Roll Call COUNCIL PRESENT: Mayor Joe Jefferson Mayor Pro Tem Rick Gillit Council Member Laurett Barrentine Council Member Amy Martinez Council Member Linda Olson Council Member Rita Russell Council Member Steve Yates A quorum was present. COUNCIL ABSENT: None STAFF PRESENT: City Manager Keck Acting City Attorney Comer Assistant City Manager Robinson City Clerk Ellis Deputy City Clerk Carlile Director Rinkel, Finance and Administrative Services Director Hargrove, Parks Recreation and Library Services Director Henderson, Public Works Court Administrator Wolfe, Municipal Court Open Space Manager Lee, Parks and Recreation Page 1 of 10 Draft Page 6 of 141 City Council Regular January 17, 2017 Fleet Manager White, Public Works Police Chief Collins, Police Department Commander Englert, Police Department 5 Consideration of Minutes of Previous Session a) Minutes from the Regular City Council Meeting of January 3, 2017. Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 3, 2017. For Against Abstained Amy Martinez (Seconded By) x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell (Moved By) x Rick Gillit x Steve Yates x 6 0 1 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) Coween Dickerson, an Englewood resident, addressed Council regarding communications. b) Matt Triplett, an Englewood resident, addressed Council regarding sex offender residency restrictions. c) Susan Walker addressed Council regarding Title 7. 7 Recognition of Unscheduled Public Comment a) Brian Brockhausen, an Englewood resident, addressed Council regarding Title 7. b) Dale Harris, an Englewood resident, addressed Council regarding Title 7 and citizen input. c) Ida May Nicholl, an Englewood resident, addressed Council regarding historic preservation. Page 2 of 10 Draft Page 7 of 141 City Council Regular January 17, 2017 d) Jan Hunsaker addressed Council regarding Title 7. e) Mark Swanson, an Englewood resident, addressed Council regarding code enforcement issues. Council responded to Public Comment. 8 Communications, Proclamations, and Appointments There were no Communications, Proclamations, or Appointments. 9 Consent Agenda Items a) Approval of Ordinances on First Reading i) Staff recommends that Council approve a bill for an Ordinance authorizing an Intergovernmental Agreement with Arapahoe County regarding acceptance of grant funding for the Northwest Greenbelt Trail Connection Project. Staff: Open Space Manager Dave Lee COUNCIL BILL NO. 1, INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE, STATE OF COLORADO PERTAINING TO THE NORTHWEST GREENBELT TRAIL CONNECTION. b) Approval of Ordinances on Second Reading. There were no items submitted for approval on Second Reading. c) Resolutions and Motions i) Staff recommends Council approve by motion the purchase of a 2017 250-gallon melter from Denver Industrial Sales and Service for $48,247.00, which is the lowest technically acceptable bidder through Englewood Bid #IFB-16-028. Staff: Fleet Manager Pat White ii) Staff recommends Council approve by motion the purchase of five (5) Ford Utility Police Interceptors from Spradley Barr Greeley through State Award #201600000102 in the amount of Page 3 of 10 Draft Page 8 of 141 City Council Regular January 17, 2017 $141,180.00. Staff: Fleet Manager Pat White iii) Staff recommends Council award by motion the purchase of three (3) Chevrolet Tahoes from John Elway Chevrolet through State Award #201600000137 in the amount of $111,024.00. Staff: Fleet Manager Pat White iv) Staff recommends Council approve by motion awarding the contract to L.A.W.S. in the amount of $65,469.00. Four bids were received for this project and L.A.W.S. was the lowest responsible bidder. Staff: Fleet Manager Pat White v) Staff recommends that Council approve, by motion, the purchase of a 2017 Chevrolet Silverado 2500 HD ¾ ton 4x4 pickup truck. Staff: Fleet Manager Pat White vi) Staff recommends that Council approve, by motion, the purchase of a 2017 Chevrolet Silverado 3500 pickup truck. Staff: Fleet Manager Pat White vii) Staff recommends that Council approve, by motion, the purchase of a 2017 Chevrolet Silverado 3500 regular cab pickup truck. Staff: Fleet Manager Pat White viii) Staff recommends that Council approve, by motion, the purchase of a 2017 John Deere 1580 Terrain Cut mower. Staff: Fleet Manager Pat White ix) Staff recommends that Council approve a resolution supporting the City’s grant application to Arapahoe County for the Rotolo Park Shelter project. Staff: Open Space Manager Dave Lee x) Staff recommends that Council approve a Resolution supporting the City’s Arapahoe County Open Space grant application for Belleview Park Improvements. Staff: Open Space Manager Dave Lee xi) Presiding Judge Vincent Atencio would request that the Council re-appoint David A. Sprecace to serve a 4 year term as an Associate Judge for the City of Englewood, commencing January 23, 2017 and ending January 22, 2021. Staff: Court Administrator Tamara Wolfe RESOLUTION NO. 6, SERIES OF 2017 A RESOLUTION FOR THE REAPPOINTMENT OF DAVID A. SPRECACE, AS ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. xii) Presiding Judge Vincent Atencio would request that the Council re-appoint John W. Smith III to serve a 4 year term as an Page 4 of 10 Draft Page 9 of 141 City Council Regular January 17, 2017 Associate Judge for the City of Englewood, commencing January 23, 2017 and ending January 22, 2021. Staff: Court Administrator Tamara Wolfe RESOLUTION NO. 4, SERIES OF 2017 A RESOLUTION FOR THE REAPPOINTMENT OF JOHN W. SMITH III, AS ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. xiii) Presiding Judge Vincent Atencio would request that the Council re- appoint Linda F. Cohn to serve a 4 year term as an Associate Judge for the City of Englewood, commencing January 23, 2017 and ending January 22, 2021. Staff: Court Administrator Tamara Wolfe RESOLUTION NO. 5, SERIES OF 2017 A RESOLUTION FOR THE REAPPOINTMENT OF LINDA F. COHN, AS ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson To approve Consent Agenda Items 9 (a) (i) and 9 (c) (i) through (xiii). COUNCIL MEMBER RUSSELL PULLED AGENDA ITEMS 9 (c) (i) THROUGH 9 (c) (x). [ Clerk's Note: Agenda Items 9 (c) (i) through 9 (c) (x) were considered as Agenda Items 11 (c) (iii) through 11 (c) (xii).] For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates x Page 5 of 10 Draft Page 10 of 141 City Council Regular January 17, 2017 7 0 0 Motion CARRIED. 10 Public Hearing Items a) Select a date for a public hearing related to the repeal and replacement of language within Title 7-3 relating to Sex Offender Residency Restrictions. Moved by Council Member Rick Gillit Seconded by Council Member Linda Olson To have first reading of amended Ordinance regarding Sex Offender Residency Restrictions on February 6, 2017 and a Public Hearing on February 21, 2017. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates x 5 2 0 Motion CARRIED. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading There were no additional Ordinances on First Reading. b) Approval of Ordinances on Second Reading There were no items submitted for approval on Second Reading. c) Resolutions and Motions i) Staff recommends Council approve, by motion, an agreement with CBRE for project management and workplace strategy services on the design and construction of the Englewood Police Department Page 6 of 10 Draft Page 11 of 141 City Council Regular January 17, 2017 Building in the amount of $523,000. Staff: City Manager Eric Keck Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 5 2 0 Motion CARRIED. ii) Staff recommends Council award by motion the contract to E.T. Technologies Inc., in the amount of $629,000 for the construction of above ground fuel storage tanks at the Englewood Service Center. Four bids were received for this project and E.T. Technologies Inc. was the lowest responsible bidder. Staff: Fleet Manager Pat White Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 7 0 0 Motion CARRIED. iii) Staff recommends Council approve by motion the purchase of a 2017 250-gallon melter from Denver Industrial Sales and Service for $48,247.00, which is the lowest technically acceptable bidder through Englewood Bid #IFB-16-028. Staff: Fleet Manager Pat White Page 7 of 10 Draft Page 12 of 141 City Council Regular January 17, 2017 iv) Staff recommends Council approve by motion the purchase of five (5) Ford Utility Police Interceptors from Spradley Barr Greeley through State Award #201600000102 in the amount of $141,180.00. Staff: Fleet Manager Pat White v) Staff recommends Council award by motion the purchase of three (3) Chevrolet Tahoes from John Elway Chevrolet through State Award #201600000137 in the amount of $111,024.00. Staff: Fleet Manager Pat White vi) Staff recommends Council approve by motion awarding the contract to L.A.W.S. in the amount of $65,469.00. Four bids were received for this project and L.A.W.S. was the lowest responsible bidder. Staff: Fleet Manager Pat White vii) Staff recommends that Council approve, by motion, the purchase of a 2017 Chevrolet Silverado 2500 HD ¾ ton 4x4 pickup truck. Staff: Fleet Manager Pat White viii) Staff recommends that Council approve, by motion, the purchase of a 2017 Chevrolet Silverado 3500 pickup truck. Staff: Fleet Manager Pat White ix) Staff recommends that Council approve, by motion, the purchase of a 2017 Chevrolet Silverado 3500 regular cab pickup truck. Staff: Fleet Manager Pat White x) Staff recommends that Council approve, by motion, the purchase of a 2017 John Deere 1580 Terrain Cut mower. Staff: Fleet Manager Pat White Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates To approve Agenda Items 11 (c) (iii) through 11 (c) (x). For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 5 2 0 Motion CARRIED. Page 8 of 10 Draft Page 13 of 141 City Council Regular January 17, 2017 The meeting recessed at 9:10 p.m. for a break. The meeting reconvened at 9:15 p.m. with all Council Members present. xi) Staff recommends that Council approve a resolution supporting the City’s grant application to Arapahoe County for the Rotolo Park Shelter project. Staff: Open Space Manager Dave Lee RESOLUTION NO. 7, SERIES OF 2017 A RESOLUTION SUPPORTING THE CITY OF ENGLEWOOD'S ARAPAHOE COUNTY OPEN SPACE (ACOS) GRANT APPLICATION FOR ROTOLO PARK SHELTER PROJECT. xii) Staff recommends that Council approve a Resolution supporting the City’s Arapahoe County Open Space grant application for Belleview Park Improvements. Staff: Open Space Manager Dave Lee RESOLUTION NO. 8, SERIES OF 2017 A RESOLUTION SUPPORTING THE CITY OF ENGLEWOOD'S ARAPAHOE COUNTY OPEN SPACE (ACOS) GRANT APPLICATION FOR BELLEVIEW PARK IMPROVEMENTS. Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates To approve Agenda Items 11 (c) (xi) and 11 (c) (xii). For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 7 0 0 Motion CARRIED. 12 General Discussion Page 9 of 10 Draft Page 14 of 141 City Council Regular January 17, 2017 a) Discussion ensued with Council members. Moved by Council Member Steve Yates Seconded by Council Member Amy Martinez With a majority "yes" vote, Council shall continue with current path of management. With a majority "no" vote, Council shall select a new Mayor and Mayor Pro Tem tonight. [Clerk's Note: No vote was taken as Council Members Russell, Barrentine and Mayor Jefferson left the Dias. Mayor Jefferson determined there was no quorum.] 13 Adjournment MAYOR PRO TEM GILLIT MOVED TO ADJOURN. The meeting adjourned at 9:37 p.m. Acting City Clerk Page 10 of 10 Draft Page 15 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING RICHARD LANGDON TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD COMMITTEE (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Alliance For Commerce In Englewood Committee was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 2001; and WHEREAS, the Alliance For Commerce In Englewood Committee advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, there is a vacancy on the Alliance for Commerce in Englewood Committee; and WHEREAS, Richard Langdon has applied to serve as a member of Alliance for Commerce In Englewood Committee; and WHEREAS, the Englewood City Council desires to appoint Richard Langdon to Alliance for Commerce In Englewood Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Richard Langdon is hereby appointed to Alliance for Commerce In Englewood Committee. Richard Langdon's term will be effective immediately and will expire July 1, 2017. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 201 7. Stephanie Carlile, Acting City Clerk Page 16 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING AMY GALLEGOS AS AN ALTERNATE TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD COMMITTEE (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Alliance For Commerce In Englewood Committee was established by the Englewood City Council with the passage of Ordinance No. 5, Series of2001; and WHEREAS, the Alliance For Commerce In Englewood Committee advises the Englewood City Council, focusing on the creation of an environment in which existing business can thrive and new business can prosper; and WHEREAS, there is a vacancy on the Alliance for Commerce in Englewood Committee; and WHEREAS, Amy Gallegos has graciously applied to serve as a member of Alliance for Commerce In Englewood Committee; and WHEREAS, the Englewood City Council desires to appoint Amy Gallegos as alternate member to the Alliance for Commerce In Englewood Committee; and WHEREAS, City Council has requested staff to send packets for the Alliance for Commerce in Englewood to this alternate member so that she can maintain an understanding of the current issues and rules; and WHEREAS, while the alternate will not be able to vote at the meetings, she is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues; WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Amy Gallegos is hereby appointed to Alliance for Commerce In Englewood Committee. Amy Gallegos term will be effective immediately. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. Stephanie Carlile, Acting City Clerk Page 17 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING ROBERT ELLSTROM TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Board of Adjustments and Appeals has the authority to hear and determine appeals from the refusal of building permits and other decisions regarding the enforcement of the zoning regulations, to make exceptions to the zoning regulations and to authorize variances from the strict application of zoning regulations; and WHEREAS, there is a vacancy in the Englewood Board of Adjustment and Appeals; and Angela Schmitz has applied to serve as a member of the Englewood Board of Adjustment and Appeals; and WHEREAS, the Englewood City Council desires to appoint Robert Ellstrom to the Englewood Board of Adjustment and Appeals; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Robert Ellstrom is hereby appointed to the Englewood Board of Adjustment and Appeals. Angela Schmitz's term will be effective February 1, 2017 and will expire February 1, 2021. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of2017. Stephanie Carlile, Acting City Clerk Page 18 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING CO WEEN DICKERSON AS AN AL TERNA TE VOTING MEMBER TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD. WHEREAS, Coween Dickerson has graciously offered to serve on the City of Englewood's boards and commissions; and WHEREAS, currently there are no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Coween Dickerson as alternate member to the Board of Adjustment and Appeals; and WHEREAS, City Council has requested staff to send this alternate member packets for the Board she will be serving on so that she can maintain an understanding of the current issues and rules; and WHEREAS, because of the necessity of having a quorum for this quasi-judicial board and the super majority voting requirement when a regular member is absent, the alternate for this Board may participate in the hearing and vote on the case heard; and WHEREAS, while the alternate will only vote at the meetings where a regular member is absent, she is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Coween Dickerson is hereby appointed as an alternate voting member of the Englewood Board of Adjustment and Appeals who may vote if another member of the Board is absent. Coween Dickerson's term will be effective immediately. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. Stephanie Carlile, Acting City Clerk Page 19 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING JERRY WALKER AS A NON-VOTING ALTERNATE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 71, Series of 1997; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory process of the Neighborhood Services section of the Englewood Police Department, the Committee makes recommendations to City Council and to the City Manager or designee for improvements relating to the Neighborhood Services in the City; and WHEREAS, Jerry Walker has graciously applied to serve as a member of the Englewood Code Enforcement Advismy Committee; and WHEREAS, there are no current vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Jerry Walker as an non-voting alternate to the Englewood Code Enforcement Advisory Committee; WHEREAS, City Council requested staff to send this alternate non-voting member packets for the Committee he will be serving on so that he can maintain an understanding of the current issues and rules; and WHEREAS, while an alternate will not be able to vote at the meetings, he is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestowed upon the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoints Jerry Walker as non-voting alternate member to the Code Enforcement Advisory Committee. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk 1 Page 20 of 141 I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. Stephanie Carlile, Acting City Clerk 2 Page 21 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING JULIE BOWDEN TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD. WHEREAS, the Code Enforcement Advisory Committee established in 1997, focused on the activities and services of code enforcement and regulatory processes of the Neighborhood Services section of the Department of Safety Services, the Committee makes recommendations to City Council and to the City Manager or designee for improvements relating to the Neighborhood Services in the City; and WHEREAS, there is a vacancy on the Englewood Code Enforcement Advisory Committee; and WHEREAS, Julie Bowden has applied to serve as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, Julie Bowden was previously named as an alternate to the Englewood Code Enforcement Advisory Committee; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; and WHEREAS, the Englewood City Council desires to appoint Julie Bowden to the Englewood Code Enforcement Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Julie Bowden is hereby appointed to the Englewood Code Enforcement Advisory Committee. Julie Bowden's term will be effective immediately and shall expire July 1, 2018. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of2017. · Stephanie Carlile, Acting City Clerk Page 22 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING DAVID CARROLL TO THE CULTURAL ARTS COMMISSION IN ENGLEWOOD COMMITTEE (CAC) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 1996; and WHEREAS, the purpose of the Cultural Arts Commission is to provide planning for the development of cultural arts activities and to implement an Arts Plan; and WHEREAS, there is a vacancy on the Englewood Cultural Arts Commission; and WHEREAS, David Carroll has graciously applied for appointment to the Englewood Cultural A1ts Commission; and WHEREAS, the Englewood City Council desires to appoint David Carroll to the Englewood Cultural Arts Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. David Carroll is hereby appointed to the Cultural Arts Commission for the City of Englewood, Colorado. David Carroll's term will become effective February I, 2017 and will expire July I, 2017. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby ce1tify the above is a true copy of Resolution No.___, Series of 2017. j I Stephanie Carlile, Acting City qerk I I i Page 23 of 141 RESOLUTION NO. SERIESOF2017 A RESOLUTION APPOINTING CHERYL WINK TO THE CULTURAL ARTS COMMISSION IN ENGLEWOOD COMMITTEE (CAC) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 1996; and WHEREAS, the purpose of the Cultural Arts Commission is to provide planning for the development of cultural arts activities and to implement an Arts Plan; and WHEREAS, there is a vacancy on the Englewood Cultural Arts Commission; and WHEREAS, Cheryl Wink has graciously applied for appointment to the Englewood Cultural Arts Commission; and WHEREAS, the Englewood City Council desires to appoint Cheryl Wink to the Englewood Cultural Arts Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Cheryl Wink is hereby appointed to the Cultural Arts Commission for the City of Englewood, Colorado. Cheryl Wink's term will become effective February I, 2017 and will. expire July I, 2018. · ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of2017. i Stephanie Carlile, Acting City Cietk Page 24 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING REBECCA LAURIE-BETANCOURT AS AN ALTERNATE MEMBER TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Cultural Arts Commission was established by the Englewood City Council with the passage of Ordinance No. 5, Series of 1996; and WHEREAS, Rebecca Laurie-Betancourt has graciously offered to serve on the City of Englewood's boards and commissions; and WHEREAS, currently there are no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Rebecca Laurie-Betancourt as an alternate member to the Englewood Cultural Arts Commission; and WHEREAS, City Council has requested staff to send this alternate member packets for the Commission she will be serving on so that she can maintain an understanding of the current issues and rules; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoints Rebecca Laurie-Betancourt as an alternate member of the Englewood Cultural Arts Commission. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk i I I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. I : I ! Stephanie Carlile, Acting City Cletk Page 25 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING FERMIN AVILA TO THE ELECTION COMMISSION OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Election Commission is charged with recommending to City Council rules and regulations with respect to municipal elections; and WHEREAS, there is a vacancy on the Englewood Election Commission; and WHEREAS, Fermin Avila has applied to serve as a member of the Englewood Election Commission; WHEREAS, the Englewood City Council desires to appoint Fermin Avila to the Englewood Election Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Fermin Avila is hereby appointed to the Englewood Election Commission. Fermin Avila's term will be effective February 1, 2017 with term expiring February 1, 2020. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. Stephanie Carlile, Acting City Clerk Page 26 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING ROBERT WATSON TO THE ELECTION COMMISSION OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Election Commission is charged with recommending to City Council rules and regulations with respect to municipal elections; and WHEREAS, there is a vacancy on the Englewood Election Commission; and WHEREAS, Robert Watson has applied to serve as a member of the Englewood Election Commission; WHEREAS, the Englewood City Council desires to appoint Robe11 Watson to the Englewood Election Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Robert Watson is hereby appointed to the Englewood Election Commission. Robert Watson's term will be effective February I, 2017 with term expiring February 1, 2021. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. I Stephanie Carlile, Acting City Clerk Page 27 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING LAUREL RHODES TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Laurel Rhodes has applied to serve as a member of the Keep Englewood Beautiful Commission; and WHEREAS, the Englewood City Council desires to appoint Laurel Rhodes to the Keep Englewood Beautiful Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Laurel Rhodes is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. Laurel Rhodes term will be effective February 1, 2017 and will expire February 1, 2019. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. Stephanie Carlile, Acting City Cierk I i I Page 28 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING NATHAN PAVELKA TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Nathan Pavelka has applied to serve as a member of the Keep Englewood Beautiful Commission; and WHEREAS, the Englewood City Council desires to appoint Nathan Pavelka to the Keep Englewood Beautiful Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Nathan Pavelka is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. Nathan Pavelka's term will be effective February 1, 2017 and will expire Februaiy !, 2019. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. Stephanie Carlile, Acting City Clerk Page 29 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING JENNIFER HELLER TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Jennifer Heller has applied to serve as a member of the Keep Englewood Beautiful Commission; and WHEREAS, the Englewood City Council desires to appoint Jennifer Heller to the Keep Englewood Beautiful Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Jennifer Heller is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. Jennifer Heller's term will be effective February l, 2017 and will expire February I, 2019. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certi . the above is a true copy of Resolution No. __ , Series of 2017. Stephanie Carlile, Acting City Clerk Page 30 of 141 RESOLUTION NO. SERIESOF2017 A RESOLUTION APPOINTING MEG GRIFFIN TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Meg Griffin has applied to serve as a member of the Keep Englewood Beautiful Commission; and WHEREAS, the Englewood City Council desires to appoint Meg Griffin to the Keep Englewood Beautiful Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Meg Griffin is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. Meg Griffin's term will be effective February 1, 2017 and will expire February 1, 2018. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of2017. Stephanie Carlile, Acting City Clerk Page 31 of 141 RESOLUTION NO. SERIESOF2017 A RESOLUTION APPOINTING LAUREN THOME TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Lauren Thome has applied to serve as a member of the Keep Englewood Beautiful Commission; and WHEREAS, the Englewood City Council desires to appoint Lauren Thome to the Keep Englewood Beautiful Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Lauren Thome is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. Lauren Thome's term will be effective February I, 2017 and will expire February I, 2018. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of2017. Stephanie Carlile, Acting City Clerk Page 32 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING CHRISTINE ADAMS TO THE PARKS AND RECREA~ION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. I WHEREAS, the City has established a Parks and Recreation Commission to advise on all; matters pertaining to recreation; to prepare an annual Parks and Recreation Master Plan and t~ review the annual Parks and Recreation Budget; and WHEREAS, there is a vacancy in the Englewood Parks and Recreation Commission; and WHEREAS, Christine Adams has applied to serve as a member of the Englewood Parks ~nd Recreation Commission; and WHEREAS, the Englewood City Council desires to appoint Christine Adams to the Englewood Parks and Recreation Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: i I Section I. Christine Adams is hereby appointed to the Englewood Parks and Recreation I Commission. Christine Adams term will be effective February I, 2017 and shall expire February I, 2021. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. · Stephanie Carlile, Acting City Cierk ' Page 33 of 141 RESOLUTION NO. SERIESOF2017 A RESOLUTION APPOINTING KA THY CHRISTIE TO THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City has established a Parks and Recreation Commission to advise on all matters pertaining to recreation; to prepare an annual Parks and Recreation Master Plan and to review the annual Parks and Recreation Budget; and WHEREAS, there is a vacancy in the Englewood Parks and Recreation Commission; and WHEREAS, Kathy Christie has applied to serve as a member of the Englewood Parks and Recreation Commission; and WHEREAS, the Englewood City Council desires to appoint Kathy Christie to the Englewood Parks and Recreation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Kathy Christie is hereby appointed to the Englewood Parks and Recreation Commission. Kathy Christie's term will be effective February I, 2017 and shall expire February I, 2021. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of2017. Stephanie Carlile, Acting City Clerk Page 34 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING JEREMY LETKOMILLER AS AN ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission makes recommendations to City Council regarding the master plan, the comprehensive zoning ordinance, proposed subdivisions as well as, capital improvements; and WHEREAS, Jeremy Letkomiller has graciously offered to serve on the City of Englewood's boards and commissions and currently there are no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Jeremy Letkomiller as alternate member to the Planning and Zoning Commission; and WHEREAS, City Council has requested staff to send this alternate member packets for the Board he will be serving on so that he can maintain an understanding of the current issues and rules; and WHEREAS, while the alternate will not be able to vote at the meetings, he is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues;I and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; ! NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The Englewood City Council hereby appoints Jeremy Letkomiller as an alternate member of the Englewood Planning and Zoning Commission ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. Stephanie Carlile, Acting City Clerk Page 35 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING MICHELLE AUSTIN TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission makes recommendations to City Council regarding the master plan, the comprehensive zoning ordinance, proposed subdivisions as well as capital improvements; and WHEREAS, there is a vacancy on the Englewood Planning and Zoning Commission; and WHEREAS, Michelle Austin was previously named as an alternate to the Englewood Planning and Zoning Commission; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; WHEREAS, the Englewood City Council desires to appoint Michelle Austin to the Englewood Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Michelle Austin is hereby appointed to the Englewood Planning and Zoning Commission. Michelle Austin's term will be effective immediately and shall expire February 1, 2021. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. Stephanie Carlile, Acting City Clerk Page 36 of 141 RESOLUTION NO. SERIES OF 20 I 7 A RESOLUTION APPOINTING LILY SIEGEL-GARDNER TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Public Library Board prepares and recommends to City Council a master plan for the development and maintenance of the City library system as well as policy issues; and WHEREAS, there is a vacancy on the Englewood Public Library Board; and WHEREAS, Lily Siegel-Gardner has applied to serve as a member of the Englewood Public Library Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section l. Lily Siegel-Gardner is hereby appointed to the Englewood Public Library Board. Lily Siegel-Gardner's term will be effective February I, 2017 and will expire February I, 202!. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. Stephanie Carlile, Acting City Clerk Page 37 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING KRISTIN "BRITT" FUIKS TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD. WHEREAS, the Englewood Urban Renewal Authority has the statutory authority to undertake projects which it finds necessary for the physical development of municipal land use including the improvement of areas within the City; and WHEREAS, there is a vacancy on the Englewood Urban Renewal Authority; and WHEREAS, Kristin "Britt" Fuiks has applied to serve as a member of the Englewood Urban Renewal Authority; and WHEREAS, the Mayor desires to appoint Kristin "Britt" Fuiks as a member of the Englewood Urban Renewal Authority; and WHEREAS, the Englewood City Council supports the Mayor's appointment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Kristin "Britt" Fuiks is hereby appointed to the Englewood Urban Renewal Authority. Kristin "Britt" Fuik's term will be effective February I, 2017 and shall expire February I, 2022. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby ce1tify the above is a true copy of Resolution No. __ , Series of 2017. ' Stephanie Carlile, Acting City Clerk Page 38 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION APPOINTING BERNIE COSTELLO TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD. WHEREAS, the Englewood Urban Renewal Authority has the statutory authority to undertake projects which it finds necessary for the physical development of municipal land use including the improvement of areas within the City; and WHEREAS, there is a vacancy on the Englewood Urban Renewal Authority; and WHEREAS, Bernie Costello has applied to serve as a member of the Englewood Urban Renewal Authority; and WHEREAS, the Mayor desires to appoint Bernie Costello as a member of the Englewood Urban Renewal Authority; and WHEREAS, the Englewood City Council supports the Mayor's appointment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Bernie Costello is hereby appointed to the Englewood Urban Renewal Authority. Bernie Costello's term will be effective February 1, 2017 and shall expire February 1, 2022. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. Stephanie Carlile, Acting City Clerk Page 39 of 141 RESOLUTION NO. SERIESOF2017 A RESOLUTION APPOINTING TIMOTHY JOHNSON TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Water and Sewer Board is charged with acquiring and protecting the domestic water supply and water rights from injury and pollution; and WHEREAS, there is a vacancy in the Englewood Water and Sewer Board; and WHEREAS, has applied to serve as a member of the Englewood Water and Sewer Board; and WHEREAS, the Englewood City Council desires to appoint Timothy Johnson to the Englewood Water and Sewer Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Timothy Johnson is hereby appointed to the Englewood Water and Sewer Board. Timothy Johnson's term will be effective February I, 2017 and will expire February I, 2023. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. Stephanie Carlile, Acting City Clerk Page 40 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION REAPPOINTING MICHELLE MAYER TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Public Library Board prepares and recommends to City Council a master plan for the development and maintenance of the City library system as well as policy issues; and WHEREAS, Michelle Mayer is a current member of the Englewood Public Library Board; and WHEREAS, Michelle Mayer's term expires February 1, 2017. WHEREAS, Michelle Mayer has applied for reappointment to the Englewood Public Library Board for another term; and WHEREAS, the Englewood City Council desires to reappoint Michelle Mayer to the Englewood Public Library Board for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Michelle Mayer is hereby reappointed to the Englewood Public Library Board. Michelle Mayer's term will be effective February 1, 2017 and will expire February 1, 2021. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. Stephanie Carlile, Acting City Clerk Page 41 of 141 RESOLUTION NO. SERIES OF 2017 A RESOLUTION REAPPOINTING DARYL KINTON TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission makes recommendations to City Council regarding the master plan, the comprehensive zoning ordinance, proposed subdivisions and capital improvements; and WHEREAS, Daryl Kinton is a current member of the Englewood Planning and Zoning Commission; and WHEREAS, Daryl Kinton 's current term expires February I, 2017; and WHEREAS, Daryl Kinton has applied for reappointment to the Englewood Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Daryl Kinton is hereby reappointed to the Englewood Planning and Zoning Commission. Daty! Kinton's term will be effective February I, 2017 and will expire February I, 2021. ADOPTED AND APPROVED this 6th day ofFebruaiy, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. Stephanie Carlile, Acting City Clerk Page 42 of 141 RESOLUTION NO. SERIES OF 20 I 7 A RESOLUTION REAPPOINTING KATHRYN STURTEVANT JAMES TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, Kathryn Sturtevant James is a cun-ent member of the Keep Englewood Beautiful Commission; and WHEREAS, Kathryn Stmtevant James term expires February I, 2017; and WHEREAS, Kathryn Sturtevant James has applied for reappointment to the Keep Englewood Beautiful Commission for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Kathryn Stmtevant James is hereby reappointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. Kathryn Sturtevant James term will be effective February I, 2017 and will expire February I, 2019. ADOPTED AND APPROVED this 6th day of February, 2017. ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2017. Stephanie Carlile, Acting City Clerk Page 43 of 141 COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: 2/6/2017 9ai Partners in Energy Program - Memorandum of Understanding Initiated By: Staff Source: Council Action Mark Woulf, Strategy and Innovation Officer PREVIOUS COUNCIL ACTION In 2015, the City Council approved the entrance of the City of Englewood into the Partners in Energy Program, an Xcel Energy community collaboration. RECOMMENDED ACTION To adopt an ordinance to enter into a Memorandum of Understanding (MOU) between the City of Englewood and Xcel Energy. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED After entering into the Partners in Energy program in 2015, Xcel Energy, in partnership with Brendle Group, facilitated five community planning workshops to develop a draft Energy Action Plan for the City. Participants included city council members, city staff, local hospitals, schools, local businesses, the Chamber of Commerce and Colorado State University extension staff. The diverse planning team met from March to November of this year to brainstorm and strategize how to achieve energy efficiencies across important sectors. The result of the five community meetings is a draft energy plan that seeks to reduce energy consumption across the major sectors of our local economy. The plan proposes a few working committees to collaborate and facilitate progress in our community. The goal is to reduce energy consumption in residential, commercial, and municipal properties by 1 % annually through 2030, reducing the energy cost burden on our residents. The Energy Action Plan establishes a blueprint for the City to follow in order to realize energy reduction. However, the City cannot make meaningful progress toward our energy reduction goals without assistance from community partners. Xcel Energy, in partnership with Brendle Group, has generously offered support, both financial and staff time, in exchange for city participation and leadership to implement the Energy Action Plan. The formal partnership is essential to carry out the actions in the draft plan and will result in overall energy savings for our businesses and residents. The term of the Memorandum of Understanding is from Council adoption of the attached ordinance until June 30, 2018. FINANCIAL IMPACT Xcel Energy will provide the City up to $4,900 to assist in the implementation of the Energy Action Plan. The City will provide staff support for implementation; staff time is built into current work plans, no new financial impact on the City. Page 44 of 141 LIST OF ATTACHMENTS Ordinance Draft Energy Action Plan Page 45 of 141 ORDINANCE NO. SERIESOF2017 BY AUTHORITY COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE AUTHORIZING A MEMORANDUM OF UNDERSTANDING FOR THE PARTNERS IN ENERGY PROGRAM BETWEEN XCEL ENERGY AND THE CITY OF ENGLEWOOD. WHEREAS, in 2015 the Englewood City Council approved the acceptance of the City of Englewood into the Partners in Energy Program, an Xcel Energy community collaboration; and WHEREAS, after entering into the Partners in Energy Program in 2015, Xcel in partnership with the Brendle Group, facilitated 5 community planning workshops to develop a draft Energy Action Plan for the City; and WHEREAS, the result of the 5 community meetings was a draft plan that seeks to reduce energy consumption across the major sectors of our local economy; and WHEREAS, the plan proposes a few working committees to collaborate and facilitate progress in Englewood with a goal of reducing energy consumption in residential, commercial, and municipal properties by I% annually through 2030, reducing the energy cost burden of Englewood residents and businesses; and WHEREAS, the MOU outlines how the City of Englewood and Xcel Energy will continue together to supp01t and implement the Energy Action Plan from February 20, 2017 until July 31, 2018; WHEREAS, the passage of the proposed ordinance authorizes entering into a Memorandum of Understanding (MOU) to recognize the achievement of the City of Englewood in developing and implementing a city-wide Energy Action Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The Xcel Energy Partners in Energy Memorandum of Understanding Implementation Phase, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is hereby authorized to sign said Partners in Energy Memorandum of Understanding Implementation Phase for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 6th day of February, 2017. Page 46 of 141 Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of February, 2017. Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of February, 2017 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby ce1tify 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 6th day of February, 2017. Stephanie Carlile 2 Page 47 of 141 XCEL ENERGY PARTNERS IN ENERGY Memorandum of Understanding Implementation Phase Memorandum of Understanding Phase 2: Implementation Murphy Robinson Ill Assistant City Manager City of Englewood 1000 Englewood Parkway Englewood, CO 80110 The intent of this Memorandum of Understanding (MOU) is to recognize the achievement of the City of Englewood in developing a city-wide Energy Action Plan. Xcel Energy, through its Partners in Energy offering, has supported the development ofthis Energy Action Plan. This MOU will outline how the City of Englewood and Xcel Energy will continue to work together to support the community as it implements the plan. The term of this joint support, as defined in this document, will extend from February 20, 2017 until July 31, 2018. This is a voluntary agreement and not intended to be legally binding for either party. Through this planning process the community identified a broad goal for the Energy Action Plan to drive annual energy savings of one percent each year through 2030. The table below outlines the planned impacts through the term of this agreement. City of Englewood Energy Action Plan Goal Summary Focus Area Electricity Natural Gas Conservation Goal Conservation Goal (in kWh) (in therms) Municipal/Institutional 827,300 5,500 Commercial Sector 3,089,000 47,500 Housing 360,400 26,400 Incremental Total 4,276,700 79,400 Continued Participation Based on Historic Activity 10,995,000 167,500 (2015) Conservation Goal 15,271,700 246,900 (Jan 2017-Jun 2018) 1 E X H I B I T A Page 48 of 141 XCEL ENERGY PARTNERS IN ENERGY Memorandum of Understanding Implementation Phase Xcel Energy will support the City of Englewood in achieving the goals of the energy action plan, by area of focus, in the following ways: • Municipal/Institutional: o Support for the implementation of energy-efficiency upgrades to city facilities. Develop a case study and showcase collateral to be used on the web, in newsletters, magazines, etc., to position the city to lead through example. o Assist in the design and development of an employee challenge. Support development of the challenge collateral and the tracking and measurement of results. o Provide $500.00 to be used in delivery of the employee challenge. This can be used towards a kick-off or celebration event or used to fund prizes. It can't be used for alcohol and can't be used to purchase or fund services or technology already rebated or discounted through Xcel Energy demand side management {DSM) programs. o Support funded by Xcel Energy for this focus area is not to exceed 85 hours. These hours will include those provided through our Partners in Energy team from the Brendle Group and does not include support provided by Xcel Energy internal staff. • Commercial Sector: o Support the development and delivery of a campaign for energy efficient lighting targeting the medical facilities and campuses within the City of Englewood. Develop materials and collateral to support the campaign. Coordinate marketing efforts with Xcel Energy staff and their implementation vendors to leverage co-branding. o Assist in the development and implementation of a sustainable business program to promote awareness of sustainable business practices and recognize leaders. Support the design of the program structure, assist in developing outreach materials and program collateral necessary for delivery, and develop a system for tracking participant activity and reporting goal attainment. o Provide $750 to reimburse co-branded print expenses or advertising associated with the promotion of the lighting campaign or the sustainable business program. Provide an additional $750 to reimburse expenses associated with a recognition event or awards for the sustainability program. Marketing materials and collateral that is funded needs to be pre-approved by Xcel Energy and the purchase of any alcohol will not be reimbursed. o Support funded by Xcel Energy for this focus area is not to exceed 150 hours. These hours will include those provided through our Partners in Energy team from the Brendle Group and does not include support provided by Xcel Energy internal staff. 2 Page 49 of 141 XCEL ENERGY PARTNERS IN ENERGY Memorandum of Understanding Implementation Phase • Housing: o Support the development of up to three marketing fliers or collateral pieces to promote energy efficiency to Englewood specific audiences regarding energy efficiency or possible program participation. o Coordinate the delivery of residential education workshop promotion and delivery in conjunction with the City of Littleton's offering. o Help facilitate the integration of energy efficiency into the school curriculum through collaboration with Arapahoe County Extension Office efforts and use of Xcel Energy School Kits. Promote kits to local schools as appropriate. o Provide $900 to reimburse printing or production cost of fliers, posters, or signage. o Support funded by Xcel Energy for this focus area is not to exceed 45 hours. These hours will include those provided through our Partners in Energy team from the Brendle Group and does not include support provided by Xcel Energy internal staff. • Additional Support: o Support for a community wide launch ofthe Energy Action Plan. This can include marketing communications support for development of flyers of press release development, assistance in developing targeted launch events for the residential and business market, and coordinating support from Xcel Energy program specialists. Provide up to $2,000 to be used for advertising, printing, food, venue or recognition awards. Funding provided can't be used to purchase alcohol or fund any technologies or services currently rebated under the existing Xcel Energy Demand Side Management programs. o Quarterly tracking and reporting on Xcel Energy program participation by the businesses and residents in the City of Englewood. Reporting will include participant counts and energy reduction. o Continued support for the strategy teams. This will include facilitation of team calls as appropriate, task tracking and reporting, and coordination with Xcel Energy program staff. o Support funded by Xcel Energy for this work is not to exceed 75 hours. These hours will include those provided through our Partners in Energy team from the Brendle Group and does not include support provided by Xcel Energy internal staff. 3 Page 50 of 141 XCEL ENERGY PARTNERS IN ENERGY Memorandum of Understanding Implementation Phase The City of Englewood commits to supporting the Energy Action Plan to the best of its ability in the following ways: • Drive the achievement of the conservation impacts and renewable energy choices outlined in the City of Englewood Energy Action Plan. o Based on historic activity, achieve an incremental 4,276,700 kWh electricity conservation and 79,400 therms natural gas, by June 30, 2018. • Municipal/Institutional: o Implement efficiency upgrades in city facilities. • Continue the process of implementing projects identified for upgrades and identify new opportunities to save energy. • Share the results with the community to position the City of Englewood as a leader in energy conservation. • Apply for rebates and assistance from Xcel Energy to support the energy efficiency upgrades. o Support a culture of resource conservation through developing an Energy Team for the city and an employee engagement campaign, including an energy challenge. • Recruit an Energy Team made up of city staff to identify city objectives, roles, and employee challenge framework based on the successful Brighton model. • Provide leadership on the design and development of the employee challenge materials. Identify and develop recognition channels and rewards. • Track participation and results. • Goals will include informing 100% of city staff and engaging 20% to actively participate in the challenge. o Commercial Sector: • Conduct a campaign to encourage medical related building stock in Englewood to implement lighting upgrades. • Work with Xcel Energy to identify the segment customers and identify the most effective channel(s) to reach and influence decision makers for lighting equipment. • Leverage direct contact with medical sector personnel in recruiting their support for the Englewood Energy Action Plan. 4 Page 51 of 141 XCEL ENERGY PARTNERS IN ENERGY Memorandum of Understanding Implementation Phase • Develop a sustainable business program for Englewood businesses. o Housing: • Coordinate with Chamber of Commerce to develop a program framework and coordinate initial outreach. • Provide direction and input in the development of outreach materials. • Recruit businesses within Englewood. Support and coordinate recognition of qualifying businesses through events and public communication venues. • Support an outreach campaign that includes delivering education on energy conservation and solar energy through City channels and community-based events. • Provide direction and support for marketing collateral development and outreach. Incorporate content on conservation opportunities into city publications. • Co-host with the City of Littleton, and the Arapahoe County Extension Office, up to three workshops for residents of Englewood and Littleton with content delivered through Arapahoe County Extension Office and supported by Xcel Energy program staff. These efforts will include providing public venues for the workshops and conducting outreach to potential participants using existing City channels. • Support Arapahoe County Extension Office energy conservation programming for elementary schools by leveraging outreach channels to encourage school participation and by publicly recognizing schools for their energy reduction efforts. • Provide Xcel Energy an opportunity to review marketing materials to assure accuracy when they incorporate the Xcel Energy and Partners in Energy logos or reference Xcel Energy or any of its products or services. • Share the collateral, Energy Action Plan document, supporting work documents, and implementation results from the City of Englewood with the public. The experience, successes, and lessons learned from this community will inform others looking at similar or expanded initiatives. 5 Page 52 of 141 XCEL ENERGY PARTNERS IN ENERGY .................................................................................................................................................................. Memorandum of Understanding Implementation Phase All communications pertaining to this agreement shall be directed to Murphy Robinson on behalf of the City of Englewood and Tami Gunderzik on behalf of Xcel Energy. Xcel Energy is excited about this opportunity to support the City of Englewood in advancing its goals around energy. The resources outlined above and provided through Partners in Energy are provided as a part of our commitment to the communities we serve and Xcel Energy's support of energy efficiency and renewable energy as important resources to meet your future energy needs. For the City of Englewood: Joe Jefferson, Mayor Date: For Xcel Energy: Date: ___________ _ 6 Page 53 of 141 COUNCIL COMMUNICATION Date: Agenda Item: Subject: Approval of an intergovernmental Agreement February 6, 2017 9aii (IGA) to cosponsor the US Small Business Administration's Emerqinq Leaders Proqram Initiated By: Staff Source: Community Development Department Darren Hollingsworth Economic Develooment Manaaer COUNCIL GOAL AND PREVIOUS COUNCIL ACTION To initiate business retention, revitalization, growth strategies and leverage City resources. Foster education and training opportunities to enhance the skill level of Englewood's businesses. City Council approved a 2016 cosponsor agreement with the US Small Business Administration to host the Emerging Leaders Initiative in Englewood. RECOMMENDED ACTION Staff recommends that City Council approve a Bill for Ordinance as a cosponsor of the Small Business Administration's (SBA) Emerging Leaders Program by waiving fees associated with the use of the Community Room. Englewood's support for this event will allow the SBA to host this event at Englewood Civic Center. The 2016 Emerging Leaders Initiative hosted by the City of Englewood was very successful with 19 participants. As a result of the positive experience, the SBA is interested in returning to Englewood for the 2017 Emerging Leaders program. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Emerging Leaders Program includes 14 executive training and peer-to-peer coaching sessions, which are scheduled to begin on April 4 and continue through October 10. The training component will provide approximately 20 small businesses with about 100 hours of intensive training over a seven month period. FINANCIAL IMPACT As cosponsor, the City of Englewood will provide an in-kind contribution of $8,820. This represents a fee waiver for the use of the Community Room, which normally carries an hourly rate of $210 for events of this nature. This expense is a non-cash expense that will be incurred by the Englewood. The SBA may invite additional nongovernmental parties to participate in this agreement, but Englewood's in-kind contribution is fixed and Page 54 of 141 defined in the agreement. This same type of agreement was unanimously approved by the City Council for the 2016 Emerging Leaders Program. LIST OF ATTACHMENTS Proposed Bill for Ordinance Page 55 of 141 ORDINANCE NO. SERIES OF 2017 BY AUTHORITY COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER _____ _ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT TO COSPONSOR THE UNITED STA TES SMALL BUSINESS ADMINISTRATION COLORADO EMERGING LEADERS PROGRAM BETWEEN THE U.S. SMALL BUSINESS ADMINISTRATION, THE GREATER ENGLEWOOD CHAMBER OF COMMERCE AND THE CITY OF ENGLEWOOD. WHEREAS, the City Council of the City of Englewood, Colorado authorized an intergovernmental agreement to cosponsor the US Small Business Administration's Emerging Leaders program by the passage of Ordinance No. 15, Series of2016; and WHEREAS, the U.S. SBA Emerging Leaders Program includes 14 executive training and peer- to-peer coaching sessions beginning April 4 and continue through October I 0, 2017; and WHEREAS, the training component will provide approximately 20 small businesses with approximately 100 hours of intensive training over a 7 month period; and WHEREAS, the training curriculum will focus on developing a winning business expansion strategy including information on access to new forms of capital and government contracting; and WHEREAS, it is designed to supp01t companies who have achieved local success and are ready for the next level of growth; and WHEREAS, during each classroom session, participants will have the opportunity to network with one another and the instructors/guest speakers; and WHEREAS, as cosponsor the City of Englewood will provide a non-cash contribution of $8,820, which represents a fee waiver for the $210 hourly rental/ attendant fee for use of Englewood's Community Room; and WHEREAS, the U.S. SBA may invite additional nongovernmental parties to pa1ticipate in the agreement, but the City of Englewood's in-kind contribution is fixed and defined in the agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The Intergovernmental Agreement between the U.S. Small Business Administration, the Englewood Greater Chamber of Commerce and the City of Englewood to Cosponsor the United States Small Business Administration Colorado Emerging Leaders Program, attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council. Page 56 of 141 Section 2. The Mayor is hereby authorized to sign said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 6th day of February, 20 I 7. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of Februa1y, 2017. Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of Februaty, 2017 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby ce1tify 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 6th day ofFebruaty, 2017. Stephanie Carlile Page 57 of 141 I .. ________________________________________ _..;:_.:.;,···1 ! I t COSPONSORSHIP AGREEMENT between U.S. Small Business Administration Colorado District Office and Accion Colorado City of Englewood Colorado Enterprise Fund Colorado Lending Source Colorado Small Business Development Center -Aurora and South Metro SBDC First National Denver Bank Greater Englewood Chamber of Commerce Mi Casa Resource Center -Women's Business Center Authorization No: (Provide by SBA's OSA) 1. Parties This co-sponsorship agreement ("Agreement") is between the U.S. Small Business Administration ("SBA") and the following cosponsor(s) (individually a "Cosponsor" or collectively the "Cosponsors"): (1)Accion Colorado Brittany Woedl, Regional Senior Loan Officer P.O Box 181367 Denver, CO 80218 720-376-9475 I 1-800-508-7624 www.accionco.org bwoedl@accionco.org Accion is an award-winning nonprofit organization dedicated to providing the tools individuals need to operate, grow or start their business. They increase access to business credit, make loans and provide training to help entrepreneurs realize their dreams and to help businesses thrive. {2) City of Englewood Joe Jefferson, City Mayor 1000 Englewood Parkway Englewood, CO 8011 O iiefferson@englewoodqov.org I 720-373C5639 City of Englewood's Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. (3) Colorado Enterprise Fund Ceyl Prinster, President and CEO 1888 Sherman Street, #530 Denver, CO 80203 303.860.0242 www.coloradoenterprisefund.org Colorado Enterprise Fund (CEF)'s mission is to accelerate community prosperity by financing and supporting entrepreneurs and small businesses. CEF, the first non-profit lending institution in Colorado, offers loans to small businesses unable to get traditional bank financing. Page1 o/10 !A Page 58 of 141 (4)Colorado Lending Source Mike O'Donnell, Executive Director 1441 18th Street, Suite 100, Denver, CO 80202 303.657.001 O I mike@coloradolendingsource.org Colorado Lending Source is Colorado's trusted not-for-profit resource for small business financing. We serve as a bridge connecting small business owners with the loan programs, lenders and support they need to succeed. (5) Colorado Small Business Development Center Aurora and South Metro Small Business Development Center Kelly Manning c/o Executive Director Marcia McGilley -Aurora-South Metro SBDC 1625 Broadway, Ste 1700 Denver, CO 80203 303.892.3840 www.coloradosbdc.org The Colorado Small Business Development Center (SBDC) Network is dedicated to helping small businesses throughout Colorado achieve their goals by providing free confidential counseling and various training programs. (6) First National Denver Tom Francis, Senior Vice President & Colorado SBA Lending Manager 1400 16th Street, Suite 250 Denver, CO 80202 303.962.8089 I tfrancis@firstnationaldenver.com For business leaders, entrepreneurs and individuals seeking a personalized banking experience, First National is committed to helping you thrive with the ideal combination of scale and a personalized, collaborative approach-providing trusted, expert financial solutions. (7) Greater Englewood Chamber of Commerce Randy Penn, Executive Director 3501 S. Broadway Englewood, CO 80113 randy@myenglewoodchamber.com I 303.789.4473 To Promote the Greater Englewood Business Community, To Develop strong Community Relationships, and To be a Voice for our Community (B) Mi Casa Resource Center -Women's Business Center Elena Vasconez, Director of Business Development Programs 360 Acoma St. Denver, CO 80223 303.573.1302 info@MiCasaResourceCenter.org The Mi Casa Women's Business Center offers entrepreneurial training, individual business counseling, technology training and networking opportunities to help aspiring entrepreneurs and emerging businesses achieve their goals. 2. Purpose The purpose of this Agreement is to describe the rights and responsibilities of each Cosponsor regarding the activity described below pursuant to SSA's cosponsorship authority, section 132(a) of Division Kin Public Law No. 108-447, as extended by Public Law No. 114-113, 15 U.S.C. 6360), and 13 C.F.R. Part 106. The Agreement encompasses this document, and all Attachments and cosponsor shall comply with all applicable laws and regulations in its performance under this Agreement. Except as properly amended, this Agreement is the final and complete agreement of the Cosponsors. It does not authorize the expenditure of any funds, other than by express terms of this Agreement nor does it create special consideration by SBA regarding any other matter. This Agreement shall not limit any Cosponsor from participating in similar activities or arrangements with other entities. Page 2 of 10 Page 59 of 141 ·. 3. Cosponsored Activity a) Name of event: Emerging Leaders b) Date(s): April 2017 -November 2017 c) Place: Englewood Civic Center, 1000 Englewood Parkway, Englewood, CO 8011 O d) Estimated Number of Attendees: 15 -20 participants e) Estimated Direct Cost of Cosponsored Activity: $45,000 f) Summary of event: The Cosponsors will cosponsor SBA Emerging Leaders activities to include executive educational training and coaching sessions. The training component will provide 15 -20 small businesses owners and approximately 100 hours of intensive training over a seven month period. The education series focuses on developing business expansion strategies and includes information on access to new forms of capital and government contracting. It is designed to support companies who have achieved local success and are ready for the next level of growth. During each classroom session, participants will also have the opportunity for peer-to-peer networking, as well as instructors/guest experts. At the conclusion of the executive-level training program, firms will participate in a graduation ceremonial event (Attachment B). 4. Cosponsors' Responsibilities The Cosponsors agree that each will do the following in support of the cosponsored activity: (a) SBA will: • Coordinate and manage overall planning and marketing of the cosponsored activities • Coordinate the registration process of small business participants • Coordinate all training logistics • Coordinate national and local media outreach • Provide course instructors (directly or through contract) • Provide subject matter experts and session panelists • Provide all marketing and registration materials • Provide participants with the training curriculum and other required course materials • Market the training opportunity to interested small business executives • Have final approval of all cosponsored materials and activities (b) (Cosponsor) will: • Market the Emerging Leaders program to interested small business owners • Have the ability to host and provide refreshments for the cosponsored event • Provide meeting space for Emerging Leaders activities and cosponsored events • Plan and coordinate with the logistics in paying the vendor directly for refreshments and/or meeting space • Assist in the coordination of Emerging Leaders kick-off events and graduation ceremonies • Assist in participant recruitment and registration of small business owners • Assist in local media outreach and communications • Serve as subject matter experts and/or session panelists 5. Budget and Fees A budget showing estimated direct costs and anticipated sources of funds is attached and will be followed to the extent practicable (Attachment A). The Cosponsors agree that no fees will be charged to Page 3 of 10 Page 60 of 141 participants for the cosponsored activities outlined in this Agreement. Cosponsor(s) agrees that it will not make a profit on this event. 6. Appropriate Recognition Cosponsor will include appropriate recognition for SBA in all materials Cosponsor creates for this cosponsorship. Each Cosponsor will be given appropriate recognition by SBA for cosponsors hip of the activity outlined in this Agreement, however such recognition does not constitute an express or implied endorsement by SBA of any of the opinions, products or services of any Cosponsor, its subsidiaries or its contractors. As such, all appropriate disclaimers and authorization numbers will be visible on all Cosponsored Materials. SBA has the right to determine what constitutes appropriate recognition, in its reasonable discretion. 7. Cosponsored Material Cosponsored material refers to all print and electronic materials used to promote the cosponsored activity or material used during or as the cosponsored activity. This includes, but is not limited to, flyers, brochures, mailers, email promotional pieces, web pages, cosponsored promotional items, or any other physical, print or electronic item bearing SSA's name or logo. Cosponsor grants SBA a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license to use and to create derivative works of any copyrighted cosponsors hip material Cosponsor develops for the cosponsorship outlined in this Agreement. 8. Use of SBA Logo Each Cosponsor agrees to use its name and logo in connection with SSA's on cosponsored materials or in factual publicity only for the cosponsored activity as outlined in this Agreement. Factual publicity includes dates, times, locations, purposes, agendas, fees and speakers involved with the activity. Any materials, print or electronic, bearing SSA's logo must include the appropriate disclaimers as outlined in paragraph 1 O and be approved in advance by SSA's Responsible Program Official. Cosponsor is not permitted to use SSA's name or logo for commercial purposes, such as advertising a product or service. 9. Political Speech It is SSA's policy that public officials or candidates for public office (including their staff), whether a direct cosponsor or invitee of a cosponsor, be informed by the SBA that they may not include political comment as part of their participation. Political comment includes speech or remarks designed to facilitate, or be directed toward, the success or failure of a political party, candidate for public office, or political group. 10. Disclaimers All cosponsored materials, print or electronic, bearing the SBA name or logo must be approved in advance by SSA's Responsible Program Official and contain the following statement(s): a. Cosponsorship Authoritation # (supplied by OSA). SSA's participation in this cosponsored activity is not an endorsement of the views, opinions, products or services of any cosponsor or other person or entity. All SBA programs and services are extended to the public on a nondiscriminatory basis. b. Reasonable arrangements for persons with disabilities will be made if requested at least two weeks in advance. Contact: E-mail: sarah.hughes@sba.gov I 303.844.6505 11. Points of Contact The respective Points of Contact for this Cosponsorship will be as following: Accion Colorado Brittany Woedl, Regional Senior Loan Officer bwoedl@accionco.org I 720.376.9475 City of Englewood Page4of10 Page 61 of 141 Darren Hollingsworth, Economic Development Manager dhollinqsworth@enqlewoodqov.org I 303.762.2599 Colorado Enterprise Fund Alisa Zimmerman, Director of Marketing and Communications Alisa@coloradoenterprisefund.org I 303.860.0242 Colorado Lending Source Lauren Kloock, Marketing and Communications Officer lauren@coloradolendinqsource.org I 303.657.001 O Colorado Small Business Development Center Charles Hahn, Small Business Specialist chahn@auroraqov.org I 303.326.8692 First National Denver Megan Sheehan, SBA Banker msheehan@firstnationaldenver.com I 303.962.8089 Greater Englewood Chamber of Commerce Nancy Byers, Board Member nbconsultinq@comcast.net I 303.619.1309 Mi Casa-Women's Business Center Elena Vasconez, Director of Business Development Programs evasconez@micasaresourcecenter.org I 303.573.1302 SBA local contact name: Sarah Hughes, 303.844.6505 and sarah.hughes@sba.gov. This individual will facilitate contact between the Co-sponsors to plan, organize and execute the activity(s) contemplated in this Agreement. 12. Term, Amendment and Termination This Agreement will take effect upon signature of all Cosponsors and will remain in effect through November 31, 2017. This Agreement can only be amended in writing. Any Cosponsor may terminate its participation in the activity upon 30 calendar days advance written notice to the other Cosponsors. Such termination will not require changes to materials already produced, and will not entitle the terminating cosponsor to a return of funds or property contributed. 13. Additional Cosponsors SBA and Cosponsors agree that other entities may join this Agreement as Additional Cosponsors to help plan, market and participate in the activity. The Cosponsors agree that Additional Cosponsors may join this Agreement upon execution of a Joinder Agreement {Attachment C). The Cosponsors agree that SBA and (Cosponsor) must executive all Joinder Agreements with Additional Cosponsors. 14. Political Speech It is SBA's policy that public officials or candidates for public office (including their staff), whether a direct cosponsor or invitee of a cosponsor, be informed by the SBA that they may not include political comment as part of their participation. Political comment includes speech or remarks designed to facilitate, or be directed toward, the success or failure of a political party, candidate for public office, or political group. 15. Signature Each of the persons signing this Agreement represents that he/she has the authority to enter into this Agreement on behalf of the entity involved. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Page 5 of 10 Page 62 of 141 SBA Accion Colorado City of Englewood Associate Administrator Communications and Public Liaison Frances Padilla District Director Colorado District Office Brittany Woedl Regional Senior Loan Officer Joe Jefferson, City Mayor Colorado Enterprise Fund Ceyl Prinster President and CEO Colorado Lending Source Mike O'Donnell Executive Director Colorado Small Business Development Center Network Kelly Manning, Director First National Denver Bank Date Date Date Date Date Date Date Megan Sheehan, SBA Banker Date Greater Englewood Chamber of Commerce Randy Penn, Executive Director Date Page, 6 of 10 Page 63 of 141 t Mi Casa-Women's Business Center Elena Vasconez Date Director of Business Development Page 7 of 10 ' Page 64 of 141 . Attachment A -Proposed Budget (Proposed Budget) Direct Expenses Cash In-kind Course Instructors (Contract by SBA) $40,000 Facilities/Room Rental $ $8,820 Room set-up fees $ $ Graduation Event $ $XXX Sub-total expenses $ $ Total Expenses $ Sources of Income Cash In-kind SBA $40,000 $ City of Englewood $ $8,820 (waive facility rental costs) Accion Colorado $ $ Colorado Enterprise Fund $ $ Colorado Lending Source $ $ First National Denver Bank $ $ Greater Englewood Chamber of Commerce $ $ MiCasa -Women's Business Center $ $ Sub-total income $ $ Total Income $ In-kind expenses are planned and coordinated with the logistics in paying the vendor directly for refreshments and/or meeting space Page 8 of 10 Page 65 of 141 Attachment B -Draft Agenda Emerging Leaders Awards Ceremony S:30-5:4Spm S:45-6pm 6-6:lSpm 6:15-6:30pm 6:30-6:3Spm 6:35-6:SSpm 6:55-7pm Networking Welcoming Addresses Welcome from the City of Englewood SBA Region VIII Administrator/ SBA Colorado District Director Introduction of Denver Emerging Leaders' Partners Address(es) by Sponsor(s) of Graduation Event Introductions to Co-Sponsorship Partners in Attendance from: • Accion Colorado • Colorado Enterprise Fund • Colorado SBDC Network • Colorado Lending Source • First National Denver • Greater Englewood Chamber of Commerce Women's Business Center at Mi Casa Resource Center Denver Emerging Leader 2017 Highlights Instructor of Denver Emerging Leaders Acknowledgement of 2017 Volunteer Guest Experts Address by 2017 Emerging Leader Cohort Speaker Presentation of Awards to the 2017 Denver Emerging Leaders Acknowledged in alphabetical order of businesses' names. Next Steps & Closing Address Page 9 of 10 Page 66 of 141 Attachment C • Joinder Agreement Template Pursuant to SBA Cosponsorship Agreement Authorization Number: _________ _ As set forth in the Cosponsorship Agreement ("Agreement") indicated above between the U.S. Small Business Administration ("SBA") and (Cosponsor), the Cosponsors agree to add (additional cosponsor) to this Agreement and work together in support of the cosponsored activity. All terms and provisions of the Agreement are incorporated herein by reference. 1. Additional Cosponsor's Information (insert· Name, address, and description of cosponsor) 2. Cosponsor's Responsibilities: (Additional cosponsor) will: (state roles of cosponsor) 3. Point of Contact: (Name; Phone or Email) By their signatures below, the Cosponsors agree to incorporate this Joinder Agreement# __ into the Agreement. Each of the persons executing this Agreement represents that he or she has the authority to enter into this Agreement on behalf of their respective organization. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Additional Cosponsor: SBA: Cosponsor: Name Title (date) Name (date) Associate Administrator, Communications and Public Liaison Name Title Page 10 of 10 (date) Page 67 of 141 COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 6, 2017 9aiii Intergovernmental Agreement - VALE Grant Initiated By: Staff Source: Police Department Nancy Wenig, Victim Services Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has previously approved Victim Assistance and Law Enforcement (VALE) grants from 1990-2016. RECOMMENDED ACTION The Police Department is recommending that City Council adopt a Bill for an Ordinance on first reading authorizing the Police Department to apply for and accept funding in the amount of $23,940 from the 2017 VALE Grant. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The VALE Grant finances approximately 40% of the salary for the Victim Witness Advocate position which is assigned to the Englewood Municipal Court. The Victim Witness Advocate provides services for victims of domestic violence. FINANCIAL IMPACT If we receive full funding, the VALE Grant will fund $23,940 towards the Victim Advocate position. The funding for the VALE grant program comes from fees that are collected by courts in the 18th Judicial District. LIST OF ATTACHMENTS Bill for an Ordinance 2017 VALE Grant Application Page 68 of 141 ORDINANCE NO. SERIES OF 2017 BY AUTHORITY COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. WHEREAS, the City of Englewood Police Department applied for funding under the VALE Grants Program to be used for funding the Victim/Witness Program in the Englewood Municipal Court; and WHEREAS, the Victim/Witness Program in the Englewood Municipal Court has served the victims of domestic violence since 1990; and WHEREAS, the Englewood City Council authorized the 2015 VALE Grant acceptance by the passage of Ordinance No. 6, Series of 2015; and WHEREAS, the Englewood City Council authorized the 2016 VALE Grant acceptance by the passage of Ordinance No. 9 Series of 2016; and WHEREAS, the staff seeks Council approval of an Ordinance authorizing the application for and, if granted the acceptance of a 2017 VALE grant in the amount of $23,940, for the period of July 1st, 2017 to June 30th, 2018. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The City Council of the City of Englewood, Colorado hereby authorizes the application for and acceptance of the VALE Grant and accompanying intergovernmental agreement, a copy of which is marked as "Exhibit A" and attached hereto. Section 2. The Mayor is hereby authorized to sign said VALE Grant and accompanying intergovernmental agreement on behalf of the City of Englewood. Section 3. The funds for the VALE grant come from fines assessed by the Colorado 18th Judicial District. No Federal funds will be used. Introduced, read in full, and passed on first reading on the 6th day of February, 2017. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of February 2017. Page 69 of 141 Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of February, 20 I 7 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of February 201 7. Stephanie Carlile Page 70 of 141 For Official Use Only: Date Received _______ _ Application Number ___ _ V/S or UE Project Duration ___ to ___ _ Previously Funded Yes No All Materials Included Yes No Date of Board Review _____ _ Approved __ Denied __ _ Award Amount __ _ ***************************************************************************** VICTIM ASSISTANCE AND LAW ENFORCEMENT GRANT APPLICATION 18th Judicial District 6450 S Revere Pkwy Centennial, CO 80111 (720) 87 4-8608 tlassiter@da1a.state.co.us Please be advised that the board may revoke any contract/grant if used inappropriately. Application must be typed or printed in black ink. Applications must be copied on both sides (duplex). All application pages must be numbered. Please submit one original and eight copies of your application. Limit application to 12 pages including cover sheet and signature page, but excluding attachments. Do not use a font any smaller than 12 point. I. 11. 111. IV. APPLICANT AGENCY _....,,E:.:.n,..,,g""le'""w'""o"'o.,,,_d.,_P_,,o""lic,,,e'--'D""e""p""'a.,._rt,,,m"-'e<'-n,.,_t _______ _ PROJECT TITLE ___ ..:.V_,..,,ic"'tim'-'-"-'/W'--'-'-"itn,_,,e"-'s""s..,_A.,,.d..,.v""'oc.,,a.,te,.__ ________ _ Project Director __ C,<.hceie::e.,_f J,._,o,,,h...,_n.,_C=ol~lin..,,s,,__ _____________ _ Phone (303) 762-2460 Fax (303) 783-6902_ Address 3615 S. Elati St Englewood. CO 80110 E-mail:nwenig@englewoodgov.org Webpage http://www.englewoodgov.org/lndex.aspx?page=487 AMOUNT REQUESTED __ __,$=2=3.=94_,_,0=.0=0'------------ NON-PROFIT STATUS: __ Yes XX_ No __ lnProgress Tax ID Number ____________ _ GOVERNMENT AGENCY: XX YES NO V. REQUIRED ATTACHMENTS (Include with all copies): A. Budgets 1. Agency Budget (Waived for governmental agencies) 2. Victim Assistance Program Budget 3. Itemized Project Budget (must include budget narrative) B. Copy of 501 (c) (3) IRS Tax Ruling (if applicable) C. Listing of Board of Directors and Key Officers D. Copy of current Financial Statement and Audit Report-(Waived for governmental agencies) (Attach to angina! copy only) E. Management Letter from Auditor -(Waived for governmental agencies) F. Random Sampling of Client Satisfaction Surveys G. If you are requesting a full or part-time position, you must attach your agency's classification of that position and job description H. Resume of program/project administrator 1 I! ~ I B I T A Page 71 of 141 APPLICATIONS RECEIVED AFTER THE DEADLINE WILL NOT BE CONSIDERED (01/2016) SECTION A: PROJECT CONCEPT/DESIGN 1. Description of the applicant agency: Englewood Police Department provides emergency response to crime and non-crime incidents within the City of Englewood as the primary law enforcement agency for the City. 2. Substantiate or quantify the problem your program is designed to address within this community, i.e. factually or with other supportive documentation. Englewood Victim Assistance provides the Victim/Witness Advocate to assist victims of domestic violence for the Englewood Municipal Court. This position is currently held by Nicole Maynard. The Victim/Witness Advocate position is designed to assist victims of domestic violence who are seen in the Municipal Court. In 2016, the Englewood Police Department made 125 overall domestic violence arrests. 3. Description of the project, which would be funded by VALE funds in the 18th Judicial District. (Be specific regarding what services VALE funds will provide to this community.) The Victim/Witness Advocate for the Englewood Municipal Court provides support for victims of domestic violence through the Court process. The position also ensures that victims are informed of their Rights under the Constitution and assists in providing those Rights. During the period from July 1, 2015 to June 30, 2016 there were 112 arraignments of domestic violence crimes in the Municipal Court. The Victim/Witness Advocate contacted 27 4 victims during that time and 86 were new victims. There were 576 contacts with victims at arraignments, penalty hearings, probation reviews, motions hearings, show cause hearings, and trials. Ms. Maynard also contacted victims through telephone calls, personal appointments, and letters. These contacts were to answer questions, inform victims of their Rights, and to discuss needs. Ms. Maynard also counsels family members who come to Court with the victims. We expect the need for services to remain the same, or increase, for this upcoming Grant cycle. 4. A. lderitify and describe the project's goals and objectives. Your objectives must be measurable and specific. • To provide a Victim/Witness position to ensure support for victims of domestic violence through the Court process according to the standards set forth in the Victim's Bill of Rights; • To ensure that victims in the Englewood Municipal Court are informed of their Rights under the Victim's Bill of Rights; • To provide follow-up with victims after Court; • To educate victims of the dynamics of domestic violence; • To provide referrals to appropriate community resources such as Victim Compensation, counseling, legal or financial assistance; • To maintain contact with agencies or individuals such as Victim Compensation, Interfaith Task Force, Human Services, shelters and therapists to maintain up-to-date resources available to the victim; • To work closely with the probation officer to be sure thatthe goals of therapy are being met and the needs of the victim are being considered; 2 Page 72 of 141 (Section A question 4. A. continued) • To keep a client "check list" form for each domestic violence client served. This checklist will include referrals made, Victim Compensation application given, therapists suggested and restitution requests; • To maintain Court information, brochures and referral resources for clients from various ethnic backgrounds using translation and counseling services. B. What is your timetable and work plan for accomplishing your objectives? Our timeline is ongoing. 5. A. Address what problems, if any, you anticipate in implementing the program/ project goals and objectives. We do not anticipate any problems in implementing the program goals. The program has been successful in the past and any concerns/problems that have arisen have been mediated with all parties involved. B. How do you plan to resolve these problems? Victim Assistance has an excellent working relationship with the Prosecutor's Office and the Court. Victim Assistance is part of a collaborative effort to solve the problem and represent victims in the solution. This includes constant conversations with all parties to ensure victims are being kept informed and considered in the solutions. SECTION 8: SERVICE INFORMATION 1. A. Define the population and geographic area targeted for services through this project.. This program will be available to all victims of domestic violence who are victimized in the City of Englewood and whose case is heard in the Englewood Municipal Court. B. If the project is not located entirely in the 18th Judicial District, what percentage of services would be for victims and witnesses in the 18th Judicial District? The project is located entirely in the 18th Judicial District. 3 Page 73 of 141 2. A. Include a brief description of how the project strives to provide culturally competent services. Cultural competence is defined as a process in which an agency continuously strives to achieve the ability to work effectively within the cultural context of an individual or community from a diverse culture/ethnic background. If the project does not now strive to offer culturally competent services, how will you do this in the coming grant period? Include cultural competency efforts in the goals and objectives in Section A, question 4. • We use the services of the Translation and Interpreting Center for translations in Court to include spoken languages as well as sign language. • The Court is equipped with a FM system for people who are Deaf or Hard of Hearing. • All of the Court information is translated into Spanish. We have a Spanish speaking translator for Court hearings which are scheduled once a month for all the Spanish speaking clients. These services are provided by Executive Languages. • We have available a list of agencies from many ethnic backgrounds and are constantly updating this list. Examples include: Asian Pacific Development Center, DOVE, CHAI, Servicios de la Raza, and Muslim Family Services. • We have packets designed specifically for the Gay, Lesbian, Bisexual, Transgendered, Queer population and the unique dynamics presented. • We have packets designed to address male victims. In addition to providing information in native languages, the program strives to provide culturally competent services by attending trainings and meetings to update the Advocates. Ms. Maynard and Ms. Wenig have attended several trainings, provided by the Colorado Coalition Against Domestic Violence and the Colorado Organization for Victim Assistance, on culturally appropriate responses and interventions. Ms. Maynard and Ms. Wenig take advantage of training opportunities to further cultural competence and the conversation continues within the Victim Assistance Unit and the Department as a whole. 3. A. What number of people is in need of the services as proposed by this project? (Identify source of information). · From July 1, 2015 to June 30, 2016, there were 112 new cases and 274 total victims served in the Municipal Court as documented by Court records. The Victim/Witness Advocate attempts to contact all those whose lives are impacted by dOmestic violence, identified by either offense reports or incident reports. During this time period, Ms. Maynard contacted 118 people affected by domestic violence outside of the Court process. These victims made contact with the Police Department and the incident did not rise to the level of an arrest; however, services were offered to these victims. Historically, these numbers remain similar and we anticipate the same level of need for the upcoming Grant cycle. B. What number of people are currently being served in the 18th Judicial District and how? (Identify source of information.) Explain how you report client numbers and service numbers. At present, there are approximately 255 domestic violence cases active in the Municipal Court and approximately 195 victims being served from 2016 and previous years. Each month, approximately 10 cases are finalized; hence, the number of active cases is constantly changing. Ms. Maynard keeps a written record of all client contacts. At any point during the case, a victim may require notification or intervention. There are approximately 10 to 15 new cases each month. 4 Page 74 of 141 C. What percent of the victims you serve are monolingual Spanish speakers? There are approximately 2% monolingual Spanish speaking victims. One afternoon per month is designated as a Spanish-speaking docket. All of the Spanish-speaking domestic violence cases are set on this docket. The Victim/Witness Advocate has access to an interpreter and is able to interview victims. D. How will your project diminish or eliminate any duplication of services? There are no similar services in the Municipal Court. This program is designed to refer victims to agencies that are providing services outside of the scope of this program to avoid duplication of services. Each victim is matched with referral resources that meet her or his needs. E. How will you coordinate services with similar or like programs? The program is designed to refer victims to services that will respond to their specific needs. Through appropriate referral, each victim is matched with referral resources that meet her or his needs. Ms. Maynard continuously networks with other agencies and advocates in order to better coordinate services when needed. Our working relationship with other agencies is excellent. 4. Define the management plan for the program/project. Identify specifically who will: • be responsible for daily operations • be accountable for the expenditure of grant funds. • Include the resume of program/project administrator The Victim Services Coordinator, Nancy Wenig, is the coordinator and supervisor of the project. The Victim/Witness Advocate, Nicole Maynard, submits a daily record of court activity to Ms. Wenig, which includes victim name, referrals made, victim compensation information, restitution requests, and any other pertinent information. Ms. Wenig is responsible for the expenditure of the grant funds under the supervision of the Chief of Police, John Collins, and the Director of Finance, Kathleen Rinkel. 5. In compliance with the American Disability Act (ADA) on providing access, how does your agency provide accommodations for crime victims or victim service providers? The Englewood Municipal Court is fully accessible to persons with disabilities. We collaborate with other service providers to address all areas of disability. 5 Page 75 of 141 SECTION C: EVALUATION INFORMATION 1. How will you evaluate whether or not this project has met its stated goals and objectives? Explain how you evaluate the following: • Process Evaluation -Did the program meet the project goals and objectives? • Outcome/Impact Evaluation -Did the program achieve the stated outcomes or behavioral changes? How did the delivery of services improve the life situation of your clients? • Overall agency success -How do you measure if your agency is "doing its job" well? Process Evaluation: The program will have met its goals and objectives by providing all victims with ongoing support during and after his/her Court appearance. The program will have provided all victims with information on their Rights as well as referrals to resources that may assist victims with recovery. Outcome Evaluation: Our goal is to provide safety and support for victims of domestic violence as well as to educate victims of the Court process and services available. One measure of success is the rate of acceptance of Victim Compensation applications for counseling. In 2016, 89 victims contacted at arraignment took applications for Victim Compensation. We constantly encourage victims to participate in counseling. We hope our efforts to encourage counseling for victims will help them recover. It is difficult to quantify this measure of success. It is noted; however, that many victims contact the Advocate months or years later when facing a separate life crisis. It is a measure of success that the victim feels safe contacting Ms. Maynard to receive counsel, advice, and knowledge of systems even after the case is final. The program also refers victims to community resources to aid with financial recovery. In particular, we refer frequently to Catholic Charites and Integrated Community Family Services (IFCS) to assist those fleeing violence with financial assistance: In 2016, there were 30 referrals made to IFCS to assist domestic violence victims with various financial needs, such as rent, cell phone replacement, bus tickets, and moving expenses. Additional referrals were made to Catholic Charities. We have recently begun using the Apriss record management system and will be able to better track the referrals through that program. Overall agency success: Our relationship with the City Attorney and Judge is excellent. The . proc,ess with which victims move through the Court process is efficient and informative._ . Survey reports and follow up phone calls reflect a positive experience in the Court. Victims are encouraged to keep in contact with Ms. Maynard to work through any rough spots in their recovery. If a victim has a concern or complaint at any time during the process, it is immediately staffed between Ms; Maynard and Ms. Wenig. The concern is then addressed where the problem is concerned. This may be with Court, Prosecution, or Victim/Witness procedures and the solution is always victim-centered and allows the victim to have a voice in the process. 6 Page 76 of 141 SECTION D: CONSTITUTIONAL AMENDMENT 1. A. Define how this program/project will address the guidelines for assuring the rights of victims and witnesses as outlined in the Victim Rights Act (Section 24-4.1-302.5 C.R.S.). List specific services to be provided. • The Victim/Witness Advocate ensures compliance with the guideline listed for assuring these Rights to victims of domestic violence in the Municipal Court; • Englewood Police Department has made a clear effort to provide victims with the services entitled to them by the Victim Bill of Rights. The Court program addresses all of these rights including: the right to be present and informed of critical stages in Court, to be heard at Court proceedings, and to confer with the prosecuting attorney prior to disposition; • The victim is asked if restitution is requested and is offered services such as financial or legal help, shelters, or Victim Compensation; • The Victim/Witness Advocate has a private office and waiting room at Court so that the victim is assured of safety and privacy before Court proceedings; • Each victim is given a brochure at the arraignment, which outlines Victim's Rights; These Rights are reviewed by the Victim/Witness Advocate periodically to determine the victim's comprehension of these Rights; • Victims are informed of each stage of his/her case; • No plea agreement is made with the defendant without consulting the victim; • The victim is allowed to address the Court at most hearings; • All victims are treated with fairness, dignity, and respect; • Victims are informed, present, and heard; • Victims are given a free copy of the initial report when requested; B. What services are you providing as outlined in the VALE statute (Section 24-4.2- 105 R.S.). The Victim/Witness Advocate program provides the services outlined and ensures compliance with assuring Rights to victims of domestic violence in the Municipal Court through: • Providing crisis intervention to victims; • Referring victims to appropriate resources, to include Victim Compensation, and assisting victims with filling out forms; • Educating victims on the criminal justice system; • Assisting with the prompt return of property; • Notification of all stages of the case; • Intercession with employers or landlords; • Provision of translation services through language line or interpretation services in person; • Assistance with transportation to Court through taxi or RTD pass. 7 Page 77 of 141 2. Does your agency have a statutory mandate to notify victims under the Victim Rights Amendment (VRA)? xx_ Yes __ No If yes, please answer the following questions. How do you presently notify victims of their rights under the VRA? A folder is provided to each victim at arraignment, which contains No Contact Orders, literature on Domestic Violence, a Victim's Rights brochure, Victim Compensation application and the Victim/Witness Advocate's card. Ms. Maynard explains these Victim's Rights to her/him at the arraignment and continues to keep the victim informed of changes in the status of the case, schedules and results of hearings, availability of property return and other information pertinent to the victim's case while the case is active in Court. Ms. Maynard makes these contacts in person, by phone, and by letter. What is the approximate number of clients who receive notifications made by your agency each year? (N= # of clients) There were approximately 274 victims contacted from July 1, 2015 to June 30, 2016. These victims had cases in various stages of resolution, each needing information on the status of the case as well as other information pertinent to the victim's needs, e.g. property return, Victim Compensation information, etc. What is the approximate total number of notifications made by your agency each year? (N=# of total notifications) Each victim has on average 5 contacts with the Victim/Witness Advocate during the course of the case in Court. With 274 victims in this time period, this equals approximately 1,370 contacts with victims in person, by phone, and by letter. Ms. Maynard also contacts victims who have made a police report that does not result in charges filed to assess safety, review Rights, and provide resources and support. These additional contacts are not reflected in these numbers. However, 118 additional contacts were made to victims facing domestic violence outside of the Court process. 3. Does your agency have a victim rights brochure that is distributed to victims? A Victim's Rights Brochure is attached. This is given to each victim at the time of arraignment or through a letter sent to the victim. We are in the process of updating the brochure. 4. Describe the training your agency provides to all staff and volunteers about informing victims of their rights under the Colorado Constitution. Date of last training: ___ A'-=p'""ril'-'2"-"0:....:1-=6'------- Training provide by: __ _,_N"'a,.,.,n-=-cy,_,_W"'"-'e=n=ig"------ What percent of your staff attended the above training? 100% Who conducted the training session? Nancy Wenig, Victim Assistance Coordinator 8 Page 78 of 141 If last training was more than a year ago, Date of your next training: ___________ _ Who is the trainer? _____________ _ 5. Are any of the services provided by your agency eligible for Crime Victim Compensation reimbursement? ___ Yes ...,xx"-'.!-_ No Is so, list services: Does your agency regularly conduct or receive Crime Victim Compensation training for direct services staff or volunteers? xx Yes __ No Describe the training on victim compensation that has been provided to your staff and volunteers. Date of last training: . ....,A_,p.,.,r..,il-=2,.,,0...!.1-"'6 _____ _ Training provide by: Nancy Wenig, ____ _ SECTION E: ADDITIONAL COMMENTS We would like to express our gratitude and appreciation for the funding that the VALE Board has given to this program. The program is essential to the operation of the Municipal Court domestic violence program. The presence of a full-time Advocate in the Municipal Court provides an invaluable resource to victims of domestic violence. Due to the size of the program and population, Ms. Maynard is able to provide victims with compassionate and professional advocacy. 9 Page 79 of 141 SECTION F: BUDGET SUMMARY/FINANCIAL INFORMATION 1. Total amount of VALE funds requested: $ 23,940.00 2. Will the amount requested provide full funding for the project? __ Yes xx No If no, please identify other funding sources and amounts received within the past two years. Do not include other VALE funding. Please also include other pending grants. Source Date of Award Amount 3. Are you currently receiving VALE funding? xx Yes No If yes, please identify the Judicial District and the amount requested and received. current year funding from the 18th Judicial District. Date of Award District Amount Requested 04/01/2016 18th $20,035.00. __ _ Amount Received $20,035.00 4. Will you be applying to other VALE Boards for funding? __ Yes xx No If yes, please identify the Judicial District and the amount requested. Date of Request District Amount Requested Include 5. Does your agency receive victim assistance funding through the use of a municipal surcharge? If yes, you must provide specific documentation outlining your agency's surcharge intake for the last two fiscal years and detailing how these funds were distributed. In 2014, Judge Atencio granted a domestic violence fee of $50.00 to be assessed on each case involving a domestic violence disposition. The Court has collected $3579.25 thus far. Please find documentation attached. None of these monies have been spent When assessing the fee, Judge Atencio indicated that the program may use it to benefit victims of domestic violence or to offset costs of the program. There are not enough funds to supplement salary at this point. The fund depends on payment from defendants and will most likely not see a significant balance for some time; however, we are excited for this step. 6. If an increased amount of funding over this year's grant award is being requested, please provide written justification. Substantiate or quantify factually or with other supportive documentation. The amount we are requesting is an increase from previous Grant requests due to increased employee costs and a continued decline in revenues. 7. Anticipated client fees if any, from this project: $. __ none. ____ _ 10 Page 80 of 141 8. Describe the volunteer and/or in-kind services that will be used for this program/project. No volunteer hours contribute to this program. 9. What percentage of your total budget is this request for VALE funds? Approximately 40% of the total budget would be VALE funded. 10. If this program/project is to continue beyond the initial funding period, please identify how the program/project will be funded in the future. Please be specific. The City of Englewood is committed to the Victim/Witness Program in the Municipal Court. The City is willing to provide the difference in the total cost of the program. The City of Englewood has been responsible in assuming their share of successful programs when it is financially able. 11. Have you applied for VOCA funding? If not why? We have not applied for VOCA funding. Historically, the program has been able to operate with funding provided by the City of Englewood as well as VALE. We did not apply for the recent release of additional funding from VOCA to be used for Capital expenses. We accessed our needs as a Department and Unit and did not determine much of a need for equipment, software or computer, or office furniture. However, when the VOCA funds are released we plan to apply. 11 Page 81 of 141 The applicant assures that the following signatories and all staff and volunteers assigned to this project have read and understand the rights afforded to crime victims pursuant to section 24-4.1-302.5 C.R.S. and the services delineated pursuant to sections 24-4.1-303 C.R.S. and 23-4.1- 304 C.R.S. I hereby certify that the information contained herein is true and correct to the best of my knowledge and belief. Nancy Wenig Project Director Typed Name of Project Director Signature Project Director's Date John Collins Agency Director Typed Name of Agency Director Signature, Agency Director Date Eric Keck Financial Officer Typed Name of Financial Officer Signature, Financial Officer Date Joe Jefferson Authorized Official Typed Name of Authorized Official Signature Authorized Official Date Project Director: The person who has direct responsibility for the implementation of the project. This person should combine knowledge and experience in the project area with ability to. administer the project and supervise personnel. He/She shares responsibility with the Financial Officer for seeing that all expenditures are within the approved budget. This person will normally devote a major portion of his/her time to the project and is responsible for meeting all reporting requirements. The Project Director must be a person other than the Authorized Official of the Financial Officer. Agency Director: The executive director of the agency. This may in some agencies be the same person as the project director or authorized official. Financial Officer: The person who is responsible for all financial matters related to the program and who has responsibility for the accounting, management of funds, and verification of expenditures, audit information and financial reports. The person who actually prepares the financial reports may be under the supervision of the Financial Officer. The Financial Officer must be a person other than the Authorized Official or the Project Director. Authorized Official: The authorized official is the person who is, by virtue of such person's position, authorized to enter into contracts for the grant recipient. This could include: Mayor or City Manager, Chairperson of the County Commissioners, District Attorney, President of Chairperson of the Board of Directors, Superintendent, 12 Page 82 of 141 or other Chief Executive Officer. 13 Page 83 of 141 COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: February 6, 2017 Broadway and Acoma Lofts 9aiv -Grant of Water Service Line Easement to the City of Englewood Initiated By: Staff Source: Parks, Recreation and Library Department Dave Lee -Open Space Manager Community Development Department Brook Bell -Planner II, Community Development Department PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION The Parks, Recreation and Library Department in conjunction with the Community Development Department recommend Council acceptance of a Water Service Line Easement by Ordinance to serve the City owned Paseo. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 2009, the City of Englewood owned property at 3449 S. Broadway (the Paseo) was reconstructed to create the public space that exists today. When the Paseo was constructed, the irrigation system was connected to the existing water service line that served the City owned green space across the alley to the west of the Paseo. More specifically, the irrigation system for the Paseo and green space to the west shared water from the same tap and water service line fed from S. Acoma St. In July of 2016, the City and Englewood Urban Renewal Authority sold property to Broadway Lofts, LLLP for the development of the Broadway and Acoma Lofts project. The property for the Broadway and Acoma Lofts project included the green space previously maintained by Parks, as well as the associated tap and water service line from S. Acoma St. that served the Paseo. In order to maintain water service to the Paseo's irrigation system, Broadway Lofts, LLLP wishes to grant an easement through their property to the City, and to install a new tap and water service line for the Paseo within that easement. On January 10, 2017 the Englewood Water and Sewer Board approved an exception to the Englewood Municipal Code (attached) to allow the proposed water service line to cross the Broadway Lofts property at 3450 S. Acoma St. The Bill for Ordinance, proposed Grant of Water Service Line Easement, and associated legal description exhibits are attached. Page 84 of 141 FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance Grant of Water Service Line Easement Utilities Memorandum for Exception to Cross Property. Page 85 of 141 e EnYOFlewood gUTILITIES DEPARTMENT TO: FROM: DATE: RE: MEMORANDUM Brook Bell, Planner II -Community Development Tom Brennan, Director of Utilities ' January 19, 2017 Acoma Lofts, Request for Exception Broadway Lofts, LLLP, has requested an exception to the Englewood Municipal Code that prohibits water service lines from crossing adjoining properties, and approval to cross the Broadway Lofts property at 3450 S. Acoma St. with a water service line to serve the City of Englewood's property at 3449 S. Broadway (The Paseo). To restore the water service to The Paseo, Broadway Lofts is granting an easement and will be installing a water service line for The Paseo within this easement. The Englewood Water and Sewer Board, via a January 10, 2017 phone vote, unanimously approved the exception to cross the adjoining property with a water service line . 1000 Englewood Parkway , Englewood, Colorado 80110 , 303-762-2635 • www.englewoodgov.org •• • Page 86 of 141 ORDINANCE NO. SERIES OF 2017 BY AUTHORITY COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE ACCEPTING A "WATER SERVICE LINE EASEMENT" FROM BROADWAY LOFTS, LLLP. TO PROVIDE WATER TO THE CITY OWNED PASEO LOCATED AT 3449 SOUTH BROADWAY. WHEREAS, in 2009 the City of Englewood reconstructed the City of Englewood owned property at 3449 South Broadway (the Paseo) to create public space; and WHEREAS, the Paseo was constructed with an irrigation system sharing water from the same tap and water service line with the green space to the west fed from South Acoma Street; and WHEREAS, in July 2016 the City of Englewood Urban Renewal Authority sold the Acoma street property to Broadway Lofts, LLLP. for development which included the green space previously maintained by the Parks Department, as well as the associated tap and water service to the Paseo's irrigation system; and WHEREAS, Broadway Lofts, LLLP. wishes to grant an Water Service Line Easement through their property to the City, and to install a new tap and water service line for the Paseo within that easement; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended City Council approve an exception to the Englewood Municipal Code to allow the proposed Grant of Water Service Line Easement to cross Broadway Lofts, LLLP. property in order to provide water for the Paseo irrigation system at their January 10, 2017 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The "Grant of Water Service Line Easement" from Broadway Lofts, LLLP. to the City of Englewood, attached hereto as Exhibit I, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the Acting City Clerk attest the "Grant of Water Service Line Easement "for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 6th day of February, 2017. I Page 87 of 141 Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of February, 2017. Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of February, 2017 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of February, 2017. Stephanie Carlile 2 Page 88 of 141 GRANT OF WATER SERVICE LINE EASEMENT TEilS GRANT of a Water Service Line Easement ("this Grant") is made this __ day of -------~ 2017 by the BROADWAY LOFTS, LLLP, ("Grantor"), whose address is 2140 South Delaware Street-Suite 104, Denver, CO 80223, to the CITY OF ENGLEWOOD, COLORADO ("Grantee" or "City"), whose address is 1000 Englewood Parkway, Englewood, Colorado 80110. ·· · The Parties covenant and agree as follows: 1. Easement Property. The "Easement Property" shall mean the real property located in the City of Englewood, County of Arapahoe, State of Colorado, more particularly described in Exhibit A, attached hereto consisting of 2 pages. 2. Consideration. As consideration for this Grant, Grantee shall pay to Grantor the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by Grantee, receipt of which is hereby acknowledged by Grantor. 3. Grant of Water Service Line Easement. Grantor hereby grants to City, its successors and assigns, a perpetual easement (the Easement) over, under, across and through the easement property for the purpose of constructing, operating, maintaining, repairing, replacing, removing and enlarging those structures or improvements of Grantee that Grantee finds necessary or desirable for a water service line including related equipment and appurtenances. 4. Access. Grantee shall have the perpetual, nonexclusive right to ingress and egress in, to, over, through and across the Easement for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 5. Restoration. Grantee agrees that after the construction, maintenance, repair, replacement, or enlargement of any of the water service lines and appurtenances, Grantee shall restore the surface of the Easemeni as nearly as reasonably possible to the grade and condition it was in immediately prior to said construction, · ·· ·· ,.· · ·., ... ,.· · , ..... ·,· "·maintenance; repair;creplacement;cor·enlargement;. except·as may·be·necessary toe·,·,,.·, accommodate the water service lines and appurtenances. 6. No improvements. Grantor covenants and agrees not to construct, erect, place or plan any "improvements," as hereinafter defined, on the Easement without obtaining the prior written consent of Grantee. "Improvements" shall mean any structure, or building, other than landscaping, grass, concrete, or asphalt paving and fencing. Grantee shall have the right to remove, without any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement without Grantee's having obtained the prior written consent of Grantor. 7. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement to the extent necessary for the full rights granted to Grantee under this Grant. I E X H I B I T 1 Page 89 of 141 8. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership, use and occupancy of the Easement insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 9. Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all rights, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold Easement property, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all Water Service Lines and appurtenances from the Easement. In the event that Easement is abandoned by Grantee, Grantor shall have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee. 10. Warranty of Title. Grantor warrants and represents that Grantor is the fee simple owner of the Easement property; that Grantor has full right, title and authority to make this grant and that this Grant is effective to grant and convey to Grantee the easement. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 11. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal representatives, successors and assignees of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant Of Water Service Line Easement the day and year first above written. STATE OF COUNTY OF ) ) ss. ) GRANTOR: : ~ C;,lf The foregoing instrument was$knowlec\ged before me this _L..J_ • day of .,\"'l0<JA-W , 2017, by .~a, t-f il.,<,.f,;.-t,C. as A.,'r~zc'°f) 2t-P . , of Broadway Lofts, LLLP. My Commission expires: 2 /z 4 I 'Z..t> I '8" ~-r~bl_ic----,-,,.....,...,,...,,...---u-.... 2 Julie A Balley Notary Public State of Colorado Notary ID: 20144008811 My Commission Expires February 24, 2018 Page 90 of 141 GRANTEE: CITY OF ENGLEWOOD, COLORADO By: ______________ _ ATTEST: Joe Jefferson, Mayor Stephanie Carlile, Acting City Clerk 3 Page 91 of 141 ' . . ·. ' EXHIBIT A A PARCEL OF' LAND BEING A PORTION OF' LOT 1, BROADWAY AND ACOMA LOF'TS SUBDIVISION AS F'ILED IN THE ARAPAHOE COUNTY CLERK AND RECORDER'S OF'FICE AT RECEPTION NO. D6083126; SITUATED IN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: . COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE soo·o8'12"W, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 242.99 FEET TO THE POINT OF BEGINNING; THENCE S89"15'42"E A DISTANCE OF' 78.02 FEET; THENCE S4414'51"E A DISTANCE OF 29.73 FEET; THENCE S00'02'39"E A DISTANCE OF 26.87 FEET; THENCE S43"48'02''E A DISTANCE OF 17.15 FEET; THENCE N90'00'00"E A DISTANCE OF 14.21 FEET TO A POINT ON THE EAST BOUNDARY OF SAID LOT 1; THENCE S00'08'12"W, ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET; THENCE S90'00'00"W A DISTANCE OF 18.45 FEET; THENCE N43"48'02''W A DISTANCE OF 25.43 FEET; THENCE N00'02'39"W A DISTANCE OF 26.83 FEET; THENCE N4414'51"W A DISTANCE OF 21.52 FEET; THENCE NB9'15'42"W A DISTANCE OF 73.77 FEET TO A POINT ON THE WEST BOUNDARY OF SAID LOT 1; THENCE NOO'OB'12"E, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 1,660 SQUARE FEET, 0.038 ACRES, MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY: DON LAMBERT, PLS 30830 FOR AND ON BEHALF OF Esl land surveying, lie ·-·-""'"' •••··-•'•• .,-·-·· ... ..,.,. .. ,, .. ,,,,•,,,,. ·u·-· • ,.,., .. "'""'' ·-,,.·, '' 'C ••• ,_,--,-•,, ,• .,, •• ,.,,-, .__. •. , . .,, ',,,,-,,,-.,---,•"' ,•.,,.,~"'•'"''"""''"--·• •: .,,•,c, .,,,,._.,, •. , SHEET 1 OF' 2 Esi land surveying, Ile 3531 S. Logan St. D-324 Englewood, CO 80113 Ph: 303-340-0113 P:\ESI PROJECTS\BROAOWAY LOFTS\OWG\ESI WAlER LINE EXHIBIT BROADWAY LOFTS 121616.0WG 12/16/2016 4:36 PM DATE 12/18/18 PROJECT Na. 1S-14-4 Page 92 of 141 1~. ' ·.,, '~ ' N00"08' 12"E 10.00 ;3:: "N ~ <XI 0 • 0 0 u, EXHIBIT A POINT OF C01\1MENCEMENT NW COR. LOT 1 0, 0, ~ "" POINT OF BEGINNING LOT 1 N00'02'39"W 26.83 LOT 1 N43'48'02"W 25.43 S44' 14'51"E 29.73 S90'00'00"W 18.45 EJflOJ.\.01?\JJ.\Y J.\lJ.O J.\tOJ't]J.\ LOP·t 5 5UEl.Ol'J]~]Ol! REC. NO. 06083126 P: \ESI PROJECTS\BROADWAY LOFTS\DWG\ESI WATER LINE EXHIBIT BROADWAY LOFTS 121616,DWG 12/16/2D16 4:37 PM Scale: 1" ,. 30' l : I' ! I S43" 48'02"E 17.15 N90'00'00"E 14.21 SHEET 2 OF' 2 Esi land surveying, !le 3531 S. Logan St. D-324 Englewood, CO 80113 Ph: 303-340-0113 DATE 12/16/16 PROJ£CT NO. 15-1+1 Page 93 of 141 COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: February 6, 2017 9bi Bill for Ordinance authorizing an IGA for Arapahoe County Open Space grant award for Northwest Greenbelt Trail Connection Initiated By: Staff Source: Parks, Recreation and Library Dave Lee, Open Space Manager PREVIOUS COUNCIL ACTION Council approved Resolution No. 95, Series of 2016, authorizing the City of Englewood's Arapahoe County Open Space grant application for Northwest Greenbelt Trail Connection Project. RECOMMENDED ACTION Staff recommends that Council approve a bill for an Ordinance authorizing an Intergovernmental Agreement with Arapahoe County regarding acceptance of grant funding for the Northwest Greenbelt Trail Connection Project. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The existing trail runs the entire length of Northwest Greenbelt and is comprised of an eight foot wide half mile long asphalt trail that is in need of replacement due to the condition and age of the asphalt. A new ten foot wide half mile long concrete trail is being proposed to connect Colorado Heights College to the Mary Carter Greenway Trail along the Platte River. The Englewood Parks and Recreation Commission has identified the trail replacement as a priority and a vital east-west connection to the Mary Carter Greenway Trail. FINANCIAL IMPACT The Arapahoe County grant award for the trail connection project is $250,000 with a required cash match of $91,500 from the 2017 Open Space Fund. LIST OF ATTACHMENTS Grant Resolution Page 94 of 141 ORDINANCE NO. SERIES OF 20 I 7 BY AUTHORITY COUNCIL BILL NO. I INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE, STA TE OF COLORADO PERTAINING TO THE NORTHWEST GREENBELT TRAIL CONNECTION. WHEREAS, in November 2003 and in November 201 I, the voters of Arapahoe County approved a county-wide sales and use tax to be deposited in the Arapahoe County Open Space Fund and used for specified Open Space purposes as set fo1th in County Resolution No. 030381, as amended by Resolution No. I 10637 (Open Space Resolution); and WHEREAS, County Resolution No. 030381 authorized the County to award grants to fund from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and WHEREAS, the City of Englewood submitted an application for the award of grant funds from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and WHEREAS, the City Council of the City of Englewood authorized the City's Arapahoe County Open Space Grant Application for Northwest Greenbelt Trail Connection Project by the passage of Resolution No. 95, Series of2016; and WHEREAS, the City of Englewood has been awarded an Arapahoe County Open Space Program Grant for the Nmthwest Greenbelt Trail Connection ("Grant Project") in the amount of $250,000, with a required cash match of$91,500 which has been budgeted in the 2017 Open Space Fund Budget; and WHEREAS, this Ordinance will authorize the Intergovernmental Grant Agreement between the Board of County Commissioners of Arapahoe, State of Colorado for the Northwest Greenbelt Trail Connection. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The Intergovernmental Grant Agreement between the City of Englewood, Colorado and the Board of County Commissioners of Arapahoe, State of Colorado for the Nmthwest Greenbelt Trail Connection project, attached as "Attachment I", is hereby accepted and approved by the Englewood City Council. 1 Page 95 of 141 Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Grant Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 17 th day of January, 2017. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 19th day of January, 2017. Published as a Bill for an Ordinance on the City's official website beginning on the 18 th day of January, 20 I 7 for thirty (30) days. Read by title and passed on final reading on the 6th day of February, 2017. Published by title in the City's official newspaper as Ordinance No._, Series of 2017, on the 9th day of February, 2017. Published by title on the City's official website beginning on the 8th day of Februa1y, 2017 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2017. Stephanie Carlile 2 Page 96 of 141 A T T A C INTERGOVERNMENTAL AGREEMENT REGARDING H 2016 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS M PROJECT NAME: NORTHWEST GREENBELT TRAIL CONNECTION E N T This Intergovernmental Agreement ("Agreement"), is made and entered into by and 1 between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (the "Grantee") ( collectively, "Parties" and individually a "Party"). WHEREAS, on November 4, 2003, and on November I, 201 I, the voters of Arapahoe County approved a county-wide sales and use tax to be deposited in the Arapahoe County Open Space Fund and used for specified open space purposes as set forth in County Resolution No. 030381, as amended by Resolution No. 110637 (Open Space Resolution); and WHEREAS, the Open Space Resolution authorizes the County to award discretionary grants from its Open Space Fund to municipalities and special districts, as more fully set forth therein; and WHEREAS, on December 6, 2016 the County approved the Grantee's Grant Proposal for the Northwest Greenbelt Trail Connection ("Grant Project"), which is attached hereto and incorporated by re.ference herein as Exhibit A, subject to the execution of an intergovernmental agreement and subject to the terms and conditions contained herein; and WHEREAS, .this intergovernmental agreement is authorized by Article XIV, Section 18 of the Colorado Constitution and COLO. REv. STAT.§ 29-1-203. NOW, THEREFORE, the County and the Grantee agree as follows: I. Amount of Grant. . The County hereby awards Grantee an amount not to exceed $250,000 ("Grant Funds") for the Grant Project from the Arapahoe County Open Space Fund. 2. Use of Grant Funds. The Grantee agrees that it shall only use the Grant Funds for the Grant Project, as described in Exhibit A. 3. Disbursement of Grant Funds. Subsequent to execution of this Agreement, the Grant Funds shall be paid via ACH transfer on a reimbursement basis upon receipt of the approved status report and documentation of expenditures as outlined in Paragraph IO below and no more often than bi-annually. No more than 7 5% of the grant funds will be reimbursed prior to the Final Report approval. The final 25% of grant funds will be reimbursed following the project inspection and review and approval of the Final Report and project deliverables. 4. Time for Use of Grant Funds. The Grantee agrees that the Grant Project must begin within 60 days of the award notification. The Grantee agrees that the Grant Project will be completed and the Grant Funds will be expended by no later than I Page 97 of 141 5. 6. 7. 8. 9. 10. two years from the date of this fully executed Agreement, unless a longer period of time is otherwise agreed to by the County in writing. The Grantee understands and agrees that if the Grant Project cannot be completed by the end of the agreed upon time period the County may require that the Grant Funds be refunded to the County Open Space Grant Fund, be re-distributed to another agency and/or be used for another viable and timely grant project. Interest on Grant Funds. The Grantee further agrees that, after receipt of the Grant Funds, the Grantee will use any interest earned on the Grant Funds only for the Grant Project as set forth in Exhibit A. Administration of Grant Project. The Grantee shall be responsible for the direct supervision and administration of the Grant Project. The County shall not be liable or responsible for any cost overruns on the Grant Project, nor shall the County have any duty or obligation to provide any additional funding for the Grant Project if the Grant Project cannot be completed with the awarded Grant Funds. Grantee also agrees to comply with all local, state and federal requirements while completing the Project unless specifically waived. Grant Project Site Visits. Upon 24 hours written notice to the Grantee, the Grantee agrees to allow the County to make site visits before, during, at the completion of and/or after the Grant Project. Acknowledgement of County by Grantee. The Grantee agrees to acknowledge the County as a contributor to the Grant Project in all publications, news releases and other publicity issued by the Grantee related to the Grant Project and agrees to allow the County to do the same. If any events are planned in regards to the Grant Project, the County shall be acknowledged as a contributor in the invitation to such events. Grantee shall cooperate with the County in preparing public information pieces, providing photos of the Grant Project from time to time, and providing access to the Grant Project for publicity purposes. Event information, event materials and press release information related to the Grant Project must be sent to the County Grants Program Administrator for review and filing. Required Sign at Project Site. The County agrees to purchase a standard sign for each grant project. Grantee agrees to pay the sign cost to the County for each grant project. Grantee agrees to erect and permanently maintain at least one sign in a publicly visible area in recognition of the Grant from the Arapahoe County Open Space Program. If the Grantee wishes to use their own sign and design, the Grantee must submit the sign location, design, and wording to the County Grants Program Administrator for approval prior to manufacture and/or installation of such sign. Such sign shall be erected prior to the completion of the Grant Project or its public opening, whichever is earlier. Report Requirements. On or before January 31 st and July 31 st annually, the Grantee agrees to provide the County with Grant Project Progress Reports that conform to the format provided by the County. Each Grant Project Progress Report shall include supporting financial documentation as requested in the form 2 Page 98 of 141 provided. Upon completion of the Grant Project, the Grantee also agrees to submit to the County a Final Report that conforms to the format provided by the County; a final spreadsheet comparing the original budget to actual expenses that certifies Grant Funds used in compliance with the Open Space Resolution; and GIS data with location and boundaries of the Grant Project. The Final Report shall also include suppmiing financial documentation as requested in the County report form and high resolution photographs of the progress and finished results of the Grant Project. The Grantee further agrees to provide the County with digital copies of said photographs, delivered as separate high resolution jpeg images. The Final Report shall be submitted within three (3) months of Grant Project completion unless a longer period of time has been agreed to by the County in writing. The County shall be allowed to use information and images from these reports in publications, public information updates, and on the County's web site. 11. Failure to Submit Required Reports. Upon written notice from the County's Open Space Grants Program Administrator, informing the Grantee that it has failed to submit any required status report and/or final report, the Grantee shall submit such reports to the County through the County's Open Space Grants Program Administrator within thirty (30) days, and, if it fails to do so, the Grantee shall be deemed to be in violation this Agreement pursuant to Paragraph 15, below. 12. Record Keeping Requirements. The Grantee shall maintain a complete set of books and records documenting its use of the Grant Funds and its supervision and administration of the Grant Project. The County or any of its duly authorized representatives shall have reasonable access to any books, documents, papers, and records of the Grantee which are pertinent to the Grant Project for the purpose of making an audit, examination, or excerpts. The Grantee shall keep all books, documents, papers, and records, which are pertinent to the Grant Project, for a minimum of three years from the project completion date. 13. Changes to Grant Project. The Grantee agrees and understands that its Grant Project, once it has been approved by the County, may not be changed without the County's prior approval. Proposed changes must be formally requested using the applicable Grant Project Modification Form provided by the County. Changes may not begin until the County has issued an approval, which may also require the execution of an amendment to this Agreement. 14. Maintenance. Grantee agrees to assume responsibility for continuous long-term maintenance and public safety of open space lands, trails, recreation facilities, amenities, signage or other projects funded by the Grant Funds. 15. Failure to Comply and Reimbursement of Grant Funds. The Grantee understands and agrees that the County may require the Grantee to reimburse the County if any portion of the Grant Funds are not used in accordance with its approved Grant Proposal and this Agreement. Failure to comply with the terms of this Agreement shall result in default and the Grantee shall be ineligible for any future Grant 3 Page 99 of 141 Funds until the violation is remedied or after such other time period as determined by the County. 16. Remedies. The rights and remedies of the County as set forth in this Agreement shall not be exclusive and are in addition to any other rights or remedies provided bylaw. 17. No Waiver of Rights. A waiver by either Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. 18. Relationship of the Parties. The Grantee shall perform all duties and obligations under this Agreement as an independent contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint venture, employer/employee, or other relationship with the County. I 9. No Third Party Beneficiaries. Nothing in this Agreement shall give or allow any claim or right of action whatsoever by any third party, including, but not limited to, any agents or contractors of the Grantee. 20. Severability. Should any one or more provisions of this Agreement be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the Parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the Parties hereunder. 21. Written Amendment Required. This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the County and the Grantee. 22. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 23. Notices. Notices, as referred to in this Agreement, shall be sent to: COUNTY: Board of County Commissioners of Arapahoe County 5334 South Prince Street Littleton, Colorado 80120-1136 and Arapahoe County Attorney 5334 South Prince Street Littleton, Colorado 80120-1136 and Arapahoe County Open Space Grants Program Administrator 6934 S Lima St, Unit A Centennial, Colorado 80112 4 Page 100 of 141 GRANTEE: and City of Englewood 1155 E. Oxford Ave. Englewood, CO 801 IO 24. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and.the same agreement. 26. Incorporation of Exhibits. Unless otherwise stated in this Agreement, any exhibits, applications, resolutions, or other documents referenced in this Agreement shall be incorporated by reference into this Agreement for all purposes. 27. Section Headings. The headings for any section of this Agreement are only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 28. Assignment. The rights, or any parts thereof, granted to the Parties herein may be assigned only with the prior written consent of the non-assigning party. 29. Extent of Agreement. This Agreement constitutes the entire agreement of the Parties hereto. The Parties agree that there have been no representations made regarding the subject matter hereof other than those, if any, contained herein, that this Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another. 30. Signatures. The signatories to this Agreement represent that they are fully authorized to execute this Agreement and bind their respective entities. 5 Page 101 of 141 IN WITNESS WHEREOF, the County and the Grantee have executed this Agreement as of the date set forth below. DATED this ____ day of ________ , 201_. ATTEST: By: __________ _ Name Title ATTEST: Stephan'ie -Carlile Acting City Clerk By:. __________ _ Name Title GRANTEE: By: _____________ _ Name Title Joe Jefferson Mayor COUNTY OF ARAPAHOE STATE OF COLORADO .. By: ____________ _ Shannon Carter, Director, Intergovernmental Relations and Open Spaces Pursuant to Resolution No. ----- 6 Page 102 of 141 COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: 02/6/2017 9ci Communications Department -Professional Services Contract Initiated By: Staff Source: Communications Department Communications Manager Alison Carney PREVIOUS COUNCIL ACTION In 2016, City Council approved the Communications Strategy and the creation of a Communications Department. On January 3, 2017, staff presented Council with the attached contract and Council requested a Study Session with Slate Communications. Representatives from Slate Communications attended the January 23, 2017, Study Session and presented more information to Council. At that time, Council requested staff bring the contract back to the February 6 meeting. RECOMMENDED ACTION To approve the contract between the City of Englewood and Slate Communications, Inc. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On October 3, 2016, City Council approved the direction of creating a new communications department and consolidating and coordinating communication activities through the new department. Communications activities were historically managed through staff in the City Manager's Office. This new department allows for better collaboration across the organization in assisting departments meet their communication and marketing goals. Slate Communications will assist the City in producing an Englewood Magazine, create Englewood Presents Events and assist the Parks, Recreation and Library Department with communications and marketing. The utilization of Slate Communications, a leading local expert in communications and marketing, will ensure delivery of a high-quality product while stretching limited public resources further. The consolidation of city departmental resources through the new department and the expertise of Slate will maximize reach, effectiveness, and long-term sustainability of the Communications Strategy. Slate Communications will be under the direction of the City of Englewood's Communications Manager. Page 103 of 141 Budget from various departments' current advertising, marketing and other communication activities are being consolidated for the purposes of this contract. Other funding is currently budgeted through the Communications Department. FINANCIAL IMPACT A combination of salary savings in the City Manager's Office and existing departmental budgets in the area of advertising and marketing will be utilized for the contract. The entirety of the contract is currently budgeted for 2017. The budget details for the contract: 2017 Professional Services: $73,450 The professional services funding for 2017 is derived from a combination of salary savings from the Communications Office and budgeted event costs from Parks, Recreation and Library and budgeted city-wide events. This contract is for professional services. LIST OF ATTACHMENTS Proposed Contract Page 104 of 141 . EnYOFLewood gPROCUREMENT DIVISION PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/16-63 Communications and Marketing Services $ 73,400.00 This Professional Services Agreement (the "Agreement") is made as of this 16"d, day of December, 2016, (the "Effective Date") by and between Slate Communications, a Colorado Corporation ("Consultant"), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado ("City"). City desires that Consultant, from time to time, provide certain consulting services, systems integration services, data conversion services, training services, and/or related services as described herein, and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Definitions. The terms set forth below shall be defined as follows: (a) "Intellectual Property Rights" shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask- works, (2) trademark and trade name rights and similar rights, (3) trade secret rights, (4) patents, designs, algorithms and other industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, "rental" rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (6) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b) "Work Product" shall mean all patents, patent applications, inventions, designs, mask works, processes, methodologies, copyrights and copyrightable works, trade secrets including confidential information, data, designs, manuals, training materials and documentation, formulas, knowledge of manufacturing processes, methods, prices, financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared, documented and/or delivered by Consultant, pursuant to the provision of the Services. 2. Statements of Work. During the term hereof and subject to the terms and conditions contained herein, Consultant agrees to provide, on an as requested basis, the consulting services, systems integration 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org PSA/16-63 Communicntions & Mnrketing Services Page 105 of 141 services, data conversion services, training services, and related services (the "Services") as further described in Schedule A {the "Statement of Work") for City, and in such additional Statements of Work as may be executed by each of the parties hereto from time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated starUfinish dates, and other relevant information and shall incorporate all terms and conditions contained in this Agreement 3. Performance of Services. (a) Performance. Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications, if any, set forth in the Statement of Work, and in accordance with industry standards. Consultant agrees to exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. {b) Delays. Consultant agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Consultant's ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Consultant shall secure written instructions from City's project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work. If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice. City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion, City shall pay to Consultant the resolved amount. 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 PSA/16-63 Communicntions & Marketing Services Page 106 of 141 5. Taxes. City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Consultant. Upon written notification by City and subsequent verification by Consultant, Consultant shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. City shall provide Consultant with, and Consultant shall accept in good faith, resale, direct pay, or other exemption certificates, as applicable. 6. Out of Pocket Expenses. Consultant shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance in writing by City, provided Consultant has furnished such documentation for authorized expenses as City may reasonably request. 7. Audits. Consultant shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Consultant's operations and compliance with this Agreement. Consultant shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other customer of Consultant are not impacted adversely. 8. Term and Termination. The term of this Agreement shall commence on the Effective Date and shall continue unless this Agreement is terminated as provided in this Section 8. (a) Convenience. City may, without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Consultant, pay Consultant for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. (b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Work. (c) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party. (d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors; (2) applies for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian, or liquidator for its business or all or substantially all of its assets; (3) files, or consents to or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or insolvency laws; or (4) files a 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 PSA/16·63 Communications & Mmketing Services Page 107 of 141 petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60) days after it was filed. (e) TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31. Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. (f) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Consultant to perform its obligations hereunder. City shall provide to Consultant's employees performing its obligations hereunder at City's premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third party hardware or software operated by or on behalf of City, City shall, at no expense to Consultant, obtain all consents, licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 10. Staff. Consultant is an independent consultant and neither Consultant nor Consultant's staff is, or shall be deemed to be employed by City. City is hereby contracting with Consultant for the Services described in a Statement of Work and Consultant reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Consultant or Consultant's staff, and City shall not be required to hire, supervise or pay any assistants to help Consultant perform the Services under this Agreement. Except to the extent that Consultant's work must be performed on or with City's computers or City's existing software, all materials used in providing the Services shall be provided by Consultant. 11. Confidential Information. (a) Obligations. Each party hereto may receive from the other party information which relates to the other party's business, research, development, trade secrets or business affairs ("Confidential Information"). Subject to the provisions and exceptions set forth in the Colorado Open Records Act, CRS Section 24-72-101 et. seq., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information of a similar nature, but in no event less than a reasonable degree of care. Without limiting the generality of the 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 PSA/16-63 Communications & Marketing Services Page 108 of 141 foregoing, each party hereto agrees not to disclose or permit any other person or entity access to the other party's Confidential Information except such disclosure or access shall be permitted to an employee, agent, representative or independent consultant of such party requiring access to the same in order to perform his or her employment or services. Each party shall insure that their employees, agents, representatives, and independent consultants are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section 11. Further, each party agrees not to alter or remove any identification, copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession, use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced by written documentation; (2) subsequently becomes publicly available through no fault of that party; (3) is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure; or (4) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure. (b) Know-How. For the avoidance of doubt neither City nor Consultant shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c) Remedies. Each of the parties hereto agree that if any of them, their officers, employees or anyone obtaining access to the Confidential Information of the other party by, through or under them, breaches any provision of this Section 11, the non-breaching party shall be entitled to an accounting and repayment of all profits, compensation, comm1ss1ons, remunerations and benefits which the breaching party, its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach. In addition to, and not in limitation of the foregoing, in the event of any breach of this Section 11, the parties agree that the non-breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non-breaching party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party, its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12. Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of Work, who shall act for that party on all matters under the Statement of Work. Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work. 13. Warranties. 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 PSA/16-63 Communications & Marketing Services Page 109 of 141 (a) Authority. Consultant represents and warrants that: (1) Consultant has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Consultant, and the performance by Consultant of its obligations and duties hereunder, do not and will not violate any agreement to which Consultant is a party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Consultant, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms; and (4) Consultant acknowledges that City makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement (b) Service Warranty. Consultant warrants that its employees and consultants shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c) Personnel. Unless a specific number of employees is set forth in the Statement of Work, Consultant warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work. During the course of performance of Services, City may, for any or no reason, request replacement of an employee or a proposed employee. In such event, Consultant shall, within five (5) working days of receipt of such request from City, provide a substitute employee of sufficient skill, knowledge, and training to perform the applicable Services. Consultant shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. (d) Compensation and Benefits. Consultant shall provide for and pay the compensation of employees and shall pay all taxes, contributions, and benefits (such as, but not limited to, workers' compensation benefits) which an employer is required to pay relating to the employment of employees. City shall not be liable to Consultant or to any employee for Consultant's failure to perform its compensation, benefit, or tax obligations. Consultant shall indemnify, defend and hold City harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 14. Indemnification. (a) Consultant Indemnification. Consultant shall indemnify, defend and hold harmless City, its directors, officers, employees, and agents and the heirs, executors, successors, and permitted assigns of any of the foregoing (the "City lndemnitees") from and against all losses, claims, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries, damage to tangible property, and other damages, of any kind or nature, suffered or incurred by a City lndemnitee directly or indirectly arising from or related to: (1) any negligent or intentional act or omission by Consultant or its representatives in the performance of Consultant's obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Consultant contained in this Agreement. (b) Infringement. Consultant will indemnify, defend, and hold City harmless from all lndemnifiable Losses arising from any third party claims that any Work Product or 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 PSNl6-63 Communications & Marketing Services Page 110 of 141 methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party; provided, however, that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on: (1) use of the Work Product in combination with products or services not provided by Consultant to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwith-standing anything else contained in this Agreement, no obligation to indemnify which is set forth in this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the claim, suit or proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided, however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys, all at such party's cost and expense; provided further, however, that no settlement or compromise of an asserted third- party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification. (d) Immunity. City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. Insurance. (a) Requirements. Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during ttie term of this Agreement: ( 1) The Consultant shall comply with the Workers' Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers' Compensation claims arising from performance of the work under this contract. Workers' Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, as well as the Employers' Liability within the minimum statutory limits. (2) Commercial General Liability Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000) per occurrence, and two million per aggregate, with a $10,000,000 per occurrence umbrella on the General Liability insurance. (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of Consultant's operations or Services in an amount not less than two million dollars ($2,000,000) per aggregate. (4) Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Consultant personnel, acting alone or with 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 PSA/16-63 Communications & Marketing Services Page 111 of 141 others, in an amount not less than one million dollars ($1,000,000) per occurrence. (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country, state or territory where the Services are being performed. (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance will list the City of Englewood as an additional insured. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days' notice of such cancellation, reduction or material change has been provided to City. 16. Rights in Work Product. (a) Generally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to the Work Product produced or provided by Consultant under any Statement of Work shall remain the property of Consultant. With respect to the Work Product, Consultant unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights, a non-exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual Property Rights. (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and consultants shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17. Relationship of Parties. Consultant is acting only as an independent consultant and does not undertake, by this Agreement, any Statement of Work or otherwise, to perform any obligation of City, whether regulatory or contractual, or to assume any responsibility for City's business or operations. Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work. 18. Complete Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the matters covered herein. 19. Applicable Law. Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 PSNl6-63 Communications & Marketing Services Page 112 of 141 extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Additional Work. After receipt of a Statement of Work, City, with Consultant's consent, may request Consultant to undertake additional work with respect to such Statement of Work. In such event, City and Consultant shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22. Sub-consultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier, specifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24. Assignment. This Agreement may not be assigned by Consultant without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 25. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26. Headings. The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation. The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement. The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into this Agreement. 27. Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not effect in any way the full right to require such performance at any subsequent time; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28. Force Majeure. If performance by Consultant of any service or obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communications failures, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any governmental or judicial authority or representative of any such government, or any other act whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 PSNl6-63 Communicntions & Mnrketing Services Page 113 of 141 Consultant, then Consultant shall be excused from such performance to the extent of such prevention, restriction, delay or interference. If the period of such delay exceeds thirty (30) days, City may, without liability, terminate the affected Statement of Work(s) upon written notice to Consultant. 29. Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30. Permits. Consultant shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Consultant shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31. Media Releases. Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Consultant, all media releases, public announcements, or public disclosures (including, but not limited to, promotional or marketing material) by Consultant or its employees or agents relating to this Agreement or its subject matter, or including the name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Consultant shall not represent directly or indirectly that any Services provided by Consultant to City has been approved or endorsed by City or include the name, trade mark, or symbol of City on a list of Consultant's customers without City's express written consent. 32. Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other supplier's services similar to the Services. Consultant agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Consultant prior to or during the term of this Agreement shall not constitute commitments. 33. Survival. The provisions of Sections 5, 8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 shall survive any expiration or termination for any reason of this Agreement. 34. Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Hiring of Illegal Aliens: (a) Employees, Consultants and Sub-consultants: Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Consultant shall not contract with a sub- consultant that fails to certify to the Consultant that the sub-consultant will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8- 17.5-102(2)(a){I) & (11).] {b) Verification: Consultant will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8- 17.5-101 (3.3) and 8-17.5-101 (3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. Consultant is prohibited from using the E-Verify 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 PSNJ6.63 Communications & Marketing Services Page 114 of 141 program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Consultant obtains actual knowledge that a sub-consultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Consultant shall; (1) notify the sub-consultant and the City within three days that the Consultant has actual knowledge that the sub-consultant is employing or contracting with an illegal alien; and (2) terminate the subcontract with the sub-consultant if, within three days of receiving notice required pursuant to this paragraph the sub- consultant does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the sub-consultant if during such three days the sub- consultant provides information to establish that the sub-consultant has not knowingly employed or contracted with an illegal alien. (d) Duty to Comply with State Investigation: Consultant shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5) (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Consultant's breach of any section of this paragraph or provisions required pursuant to CRS 8-17.5-102. Consultant shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph 34. 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 11 PSA/16-63 Communicntions & Marketing Services Page 115 of 141 IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By: _______________ ,Date: ____ _ (Department Director) By: _______________ Date: ____ _ (City manager) By: ---------------'Date: ____ _ (Mayor) ATTEST: _______________ _ City Clerk S \ ak Com n1u vii ccchon S (Consultant Name) City, State, Zip Code ) .. - PSA/t(l..6.1 Communicatlm~ &: Metktling Sen"kes Title: ---=(,--=f,=---0 ______ _ Date: _...,,/2-::::.,fµ../b;c{;+/-'-'/(..;:..f ___ _ I I 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 12 Page 116 of 141 SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL The City of Englewood (City) is purchasing the professional services and hereby entering into a contract with Slate Communications. This document will outline the scope of work and deliverables for Slate and the payment schedule and budget to be paid to Slate for the services provided by the City. The contract will be effective immediately upon execution by the parties and will continue for 1 year or until all deliverables are completed whichever comes first. 2. NAMES OF PROJECT COORDINATORS For the City of Englewood: Alison Carney, Communications Manager For Slate Communications.: Kim Newcomer, Chief Executive Officer 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Slate Communications will be providing professional services to the City of Englewood in the areas of communications and marketing. Slate will be responsible for assisting the City in establishing strategies to maximize the reach of City messaging in order to sustain effective public communication well into the future. Slate will work closely with the Communications Manager throughout the duration of this contract. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) In addition to the financial resources that the City is providing through this contract to complete the deliverables, the City will provide meeting spaces and work spaces as requested by Slate. 5. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES I. Produce the Englewood Magazine a. Slate shall create a full-color magazine for Englewood that communicates all departmental and city information through, but not limited to, thoughtful storytelling featuring citizens and businesses. Slate shall not exceed the current budgeted dollars for the design, customization, printing and distribution of the magazine. Slate shall establish a sponsorship target for the magazine (can be included in the overall sponsorship package) and use revenue to offset costs whenever possible. Deliverable: Produce an Englewood Magazine. b. Slate shall establish an ongoing process with the Communications Manager for all city departments to follow and utilize the Communications Manager to compile and prioritize content from departments and the community. Page 117 of 141 Deliverable: Work with Communications Manager to establish a standard process for content solicitation, collection, and prioritization. c. Slate shall utilize their existing professional network to publish, print, and distribute the magazine. Slate will work with the City to determine distribution networks and scope. All printing costs shall be competitive and approved by the city prior to printing. Deliverable: Publish, print, and distribute the magazine. II. Launch the Englewood brand with increased marketing and formalize an annual sponsorship package. a. Slate shall create a theme and subsequent campaign that reintroduces Englewood to the community. Deliverable: Create theme for campaign to be approved by the CMO. b. Slate shall work with the Communications Manager in strategically executing the campaign by integrating paid advertising targeting local channels and coordinating mixed media efforts, key City publications, and City events, as well as a digital advertisement board on Englewood Civic Center. Deliverable: Execute the campaign by securing advertising in the local markets and through coordination with the Communications Manager for integration into the city controlled publications, media outlets, and events. c. Slate shall create an annual promotional benefit program for businesses and organizations wishing to sponsor Englewood events and publications. Deliverable: Create an annual promotional benefit program for City events and publications. d. Using the new campaign, Slate shall assist the Communications Manager in executing an integrated public relations campaign to formally and professionally keep Englewood relevant to the community. Deliverable: Provide the Communications Manager the tools in order to successfully integrate the campaign into daily public relation functions. Ill. Produce "Englewood Presents" events. a. Slate shall work in conjunction with relevant city staff to produce three signature Englewood events in 2017. The events shall include the Fourth of July event, a holiday event, and an additional event to be determined at a later date. Deliverable: Produce three signature Englewood events on behalf of the City. i. Fourth of July - 1. Event budget: $10,000 Professional Services for planning the event. ii. A holiday event - 1. Event budget: $5,000 Professional Services for planning the event. iii. TBD Event - Page 118 of 141 1. Event budget: $5,000 Professional Services for planning the event. 2. Slate and the City will meet and agree in writing on the scope of this event to ensure that it does not exceed allocated budget. b. Slate shall consult on additional citywide events that are not signature but are important opportunities to create destination experiences with City presence. Example of such events are Museum of Outdoor Arts exhibits and initiatives, Hampden Hall attractions, concerts, golf events, etc. Slate shall also examine opportunities to increase city facility utilization for events and private rentals. Deliverable: Consult with city departments organizing community events and/or advise on facility utilization on a case by case basis in consultation with the Communications Manager, to offer input to successfully create destination events across the City. c. Slate shall coordinate with the Mayor and the City Manager's Office to assist with the development of a State of the City event. Slate will work with the Communications Manager and the City Manager's Office to help plan and execute the event. Deliverable: Plan and execute the State of the City event. Develop a State of the City speech in consultation with the Mayor. i. State of the City event budget: $5,000 for professional services. IV. Specific and intensive support of Parks, Recreation and Library Department in communications and marketing. a. Slate shall work with the Department of Parks, Recreation, and Library Services to develop a department-specific communications plan and protocol. Deliverable: Develop a customized communications strategy for the Department of Parks, Recreation, and Library services. b. Slate shall work with the Department of Parks, Recreation, and Library Services to bring community events up to brand standards and assist in the planning and effectiveness of said events. Deliverable: Assist in the planning and effectiveness of community events with the Department of Parks, Recreation, and Library Services. 6. MODE OF PAYMENT PAYMENT SCHEDULE AND BUDGET Slate shall not exceed the agreed upon budget set forth in this scope of work and contract. The total budget includes a regular payment schedule subject to completed milestones and an account for hard costs for supplies and publications. All payments will be made upon invoice. I The total budget for the duration of the contract: $73,400 Page 119 of 141 Professional Services -Payment Schedule City will pay Slate for the work as set forth in this document. Payments shall be made so long as work performed falls within the scope set forth in this Statement of Work. Performance of work shall follow the standard client approval process established by Slate. Prior to each payment date, Slate shall submit an invoice to the City that provides the breakdown of staff time by hour and individual rate. Invoices for each month shall not exceed the maximum amount. Overages must be approved by the Assistant City Manager prior to payment and will be subject to reductions in another month. Scope of Work Amount Production of Enolewood Maaazine $31,150.00 Production of Enalewood Signature Events $20,000.00 State of the Citv $5,000.00 Marketina Camoaian $10,000.00 Parks, Recreation & Librarv Suooort $7,250.00 TOTAL $73,400.00 7. SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by Consultant. Slate will give updates to City Council as needed. Deliverables Deadline Create an annual promotional benefit program for City March 2017 events and oublications Ensure digital brand and presence matches all other design standards through coordinating with vendors and the May 2017 Communications Manaaer Work with Communications Manager to establish a standard process for content solicitation, collection, and December 2017 orioritization Plan and execute the State of the City event. 2°' Quarter of 2017 Create theme for campaign to be approved by the CMO May 2017 Develop a customized communications strategy for the December 2017 Deoartment of Parks, Recreation, and Librarv services Assist the Department of Parks, Recreation, and Library Services in the planning and effectiveness of community Ongoing events Assist city departments organizing community events and/or advise on facility utilization on a case by case basis in consultation with the Communications Manager, to offer Ongoing input to successfully create destination events across the Citv Execute the campaign by securing advertising in the local markets and through coordination with the May-December 2017 Communications Manager for integration into the city controlled oublications, media outlets, and events Produce three signature Englewood events on behalf of the Corresponding with annual events. Cih• Publish, print, and distribute the magazine June 1, Sept. 1, & Dec. 12017 Page 120 of 141 8. ACCEPTANCE AND TESTING PROCEDURES 9. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by Slate at its regular office located in tlfi Ul \\iV1S 1 CO. City will provide the City office space and support as it agrees may be appropriate, at its ______ facility. IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated _______ , 20_, the parties have executed this Statement of Work as of this ___ day of , 20_. CITY OF ENGLEWOOD, COLORADO By:------------ (Signature) (Print Name) Title: ____________ _ Date: ____________ _ Title: _ _,6=&--={) ______ _ Date: ---==2=-if'-'-I.J....1/;-.,7'------r: 1 Page 121 of 141 COUNCIL COMMUNICATION Meeting Date: Agenda Item: February 6, 2017 Initiated By: Information Technology PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION 9cii Subject: Approve By Motion Sprint Mobility as a Service -Service Agreement Staff Source: Margaret Brocklander, Director IT Staff recommends Council approve by motion a Services Agreement with Sprint Solutions, Inc., for Mobility as a Service. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Centralizing management of cell phones was identified as a priority initiative. The purpose of the initiative was to identify and eliminate underutilized cell phones, consolidate cell phones into a more economical shared minutes plan, and centralize management of cell phone services. Implementing centrally managed cell phones will also provide better visibility that leads to more strategic decisions regarding mobility deployments and cost containment strategies. IT staff contacted representatives from the City's primary cell phone providers, Sprint Solutions, Inc., Verizon Wireless and T-Mobile. The selection criteria included decreasing cell phone costs as well as cell phone coverage and mobility options to provide more capabilities to employees. The evaluation team looked at both bottom-line efficiency and the role of mobility as an enabler for efficiency. Staff selected Sprint's Mobility as a Service (MaaS) due to their robust management service and technology that improves management efficiency and security for cellular devices. FINANCIAL IMPACT Integration of funds in the amount of $100,000 for the cell phone consolidation project was included in the Information Technology adopted FY-2017 Budget. LIST OF ATTACHMENTS Sprint Mobility as a Service -Services Agreement Page 122 of 141 MOBILITY as a SERVICE -SERVICE AGREEMENT Customer Name: CITY OF ENGLEWOOD Address: 1000 ENGLEWOOD PIWvY ENGLEWOOD, CO 80110 No.: BSG1701-005B Date: January 31, 2017 This Mobility as a Service -Service Agreement ("Maas Service Agreement') is entered into between SPRINT SOLUTIONS, INC., as contracting agent on behalf of the applicable Sprint affiliated entities providing the Products and Services ("Sprint"), and CITY OF ENGLEWOOD ("Customer'). "Agreement" refers to this Maas Service Agreement and all Attachments, documents incorporated by reference, and related Order(s). 1. TERM. This Agreement begins on the Effective Date and its terms and conditions will remain in effect through the longest Term of any Attachment under this Agreement ("Term"). Upon expiration of an Attachment, Sprint may continue to provide some or all of the Products and Services on a month-to-month basis under the terms, conditions and pricing in this Agreement and the applicable Attachment, excluding minimum commitments, or, with advance notice, at standard list pricing, until either party provides 30 days' advance written notice to terminate. 2. ADDITIONAL PROVISIONS. 2.1 Existing Service Agreement. In the event Customer is a party to-or is otherwise authorized by Sprint to purchase Services under an existing service agreement between Customer and Sprint (as may have been amended, the 'Existing Service Agreemenr) the terms and conditions of the Existing Service Agreement are Incorporated into this Maas Service Agreement and apply to all Sprint Products and Services acquired or used under this Maas Service Agreement; provided, however, that if a conflict exists between this Maas Service Agreement and the Existing Service Agreement, the terms of this Maas Service Agreement will control. Capitalized terms that are not otherwise defined in this Maas Service Agreement have the meaning defined in the Existing Service Agreement. 2.2 Standard Terms and Conditions. In the event Customer does not have a valid Existing Service Agreement with Sprint, Sprint's Standard Terms and Conditions for Communications Services ("Standard Terms and Conditions") as posted at www.sprlnt.com/bysinesstsuaoorVratesWelcome.html (the "Rates and Conditions Website"} and as amended from time to time are incorporated into this Maas Service Agreement and apply to all Sprint Products and Services acquired or used under this Maas Service Agreement. Capitalized terms not defined in this Maas Service Agreement are defined in the Standard Terms and Conditions, an Attachment, or a document Incorporated by reference. 2.3 Precedence. Sections 3, 4, 5, 6 and 7 of this Agreement take precedence over all other conflicting terms and conditions in the Standard Terms and Conditions or Product-specific Terms. 3. CONFIDENTIAL INFORMATION. The parties agree that Section 8 ('Confidential Information") of the Standard Terms and Conditions Is amended to add a new Subsection 8.5 ("Open Records") as follows: 4. Open Records. Sprint acknowledges that due to Customer being an arm of the State of Colorado, the Agreement and the Confidential Information may be subject to disclosure in whole or In part under the Colorado Open Records Act, C.R.S 24-72-201 et. Seq. ('Open Records Act"). In the event that a disclosing party receives an Open Records Act request, the disclosing party shall notify the other party to this Agreement of such request, provide citations to or copies of the applicable Open Records request for review, and an appropriate opportunity to seek protection of Confidential Information. INDEMNIFICATION. The parties agree that Section 10 ("Indemnification") of the Standard Terms and Conditions is deleted in its entirety and replaced as follows: 10. INDEMNIFICATION 10.1 Personal Injury, Death or Damage to Personal Property. Sprint will indemnify and defend Customer, its directors, officers, employees, agents and their successors against all claims for damages, losses, liabilities or expenses, including reasonable attorneys' fees, brought against Customer by a third party (collectively, "Claims"), arising directly from Sprint's performance of this Agreement and relating to personal injury, death, or damage to tangible personal property to the extent such Claims are alleged to have resulted from the negligence or willful misconduct of the indemnifying party or its subcontractors, directors, officers, employees or authorized agents. 10.2 Intellectual Property. Sprint will indemnify and defend Customer, Customer's directors, officers, employees, agents and their successors against Claims enforceable in the United States alleging that Services as provided infringe any third party United States patent or copyright or contain misappropriated third party trade secrets. Sprint's obligations under this section will not apply to the extent that the infringement or violation is caused by (A) functional or other specifications that were provided or requested by Customer, or (B) Customer's continued use of infringing Services after Sprint provides reasonable notice to Customer of the infringement. For any Claim that Sprint receives, or to minimize the potential for a Claim, Sprint may, at Its option, either. (i) procure, at Sprint's expense, the right for Customer to continue using the Services; (ii) modify the Services or replace the Services with comparable Services, each at Sprint's expense; or (iii) terminate the Services. 10.3 Rights of Indemnified Party. To be indemnified, Customer must (A) give Sprint prompt written notice of the claim, (B) give Sprint full and complete authority, information and assistance for the claim's defense and settlement, and (C) not, by any act including but not limited to any admission or acknowledgement, materially prejudice Sprint's ability to satisfactorily defend or settle the claim. Sprint will retain the right, at its option, to settle or defend the claim, at its own expense and SPRINT CONFIDENTIAL AND PROPRIETARY INFORMATION Rev. 08/18/2016 Page 1 of5 Page 123 of 141 No.: BSG1701-0058 Date: January 31, 2017 with its own counsel. Customer will have the right, at its option, to participate in the settlement or defense of the claim, with its own counsel and at its own expense, but Sprint will retain sole control of the claim's settlement or defense. 10.4 Exclusive Remedies. The provisions of this Indemnification section state the entire liability and obligations of Sprint and any of its Affiliates or licensors, and the exclusive remedy of Customer, with respect to any claims Identified in this section. 5. TERMINATION FOR NONAPPROPRIATION. The parties agree that Section 11.2 ("Customer Right to Terminated') is hereby amended in the Standard Terms and Conditions by adding a new paragraph C ('Termination for Nonappropriation") as follows: C. Termination for Nonappropriation. The parties understand and acknowledge that Customer is subject to Article X, § 20 of the Colorado Constitution ('TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning ofTABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of Customer are expressly dependent and conditioned upon the continuing availability of funds beyond the term of Customer's current fiscal period ending upon the next succeeding December 31. Financial obligations of Customer payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the Customer and applicable law. Upon the failure to appropriate such funds, Customer may terminate this Agreement at the end of the then-current fiscal period, without incurring any form of payment liability In excess of previously appropriated amounts ('Termination for Non-appropriation"). Following Termination for Non-appropriation, Customer will not be obligated for payments for any fiscal period after the effective date of termination. Customer will give Sprint written notice of any termination for non-appropriation at least 30 days before the effective date of the termination. At Sprint's request, Customer will provide supplemental documentation regarding the non-appropriation of funds. Customer must take all necessary action to budget and secure eny funds required to fulfill its contractual obligations for each fiscal year during the Tenn. 6. ARBITRATION. The parties agree that Section 14.2 ('Arbitration") is hereby deleted in its entirety from the Standard Terms and Conditions and replaced as follows: 14.2 Mediation. In the event any dispute arising between the parties relating to this Agreement is not resolved through the negotiation process outlined In Section 14.1 above either party may refer the dispute to a court of competent jurisdiction or, if both parties agree, to mediation. Each party shall continue to perform its obligations under the Agreement pending final resolution of the dispute. Except as otherwise provided under the Agreemen~ Customer and Sprint shall each bear its own costs and expenses incurred in connection with dispute resolution pursuant to this Agreement. In addition, Customer and Sprint shall share equally all third-party mediation costs In connection with any attempt to resolve disputes pursuant to this Agreement, unless otherwise agreed. 7. MISCELLANEOUS. The parties agree that Section 16 ('Miscellaneous") is hereby deleted in its entirety from the Standard Terms and Conditions and replaced as follows: 16. MISCELLANEOUS. The Agreement, along with any special customer arrangement forms signed by both parties, constitutes the entire agreement and understanding between the parties and supersedes all prior or contemporaneous negotiations or agreements, whether oral or written, relating to its subject matter. The Agreement may only be amended or altered by a writing signed by both parties' authorized representatives. If a conflict exists among provisions within the Agreement, specific terms will control over general provisions, and negotiated, added or attached terms, conditions or pricing will control over standardized, posted or non-negotiated terms, conditions and pricing, to the extent permitted by law. References to Uniform Resource Locators (URLs} in the Agreement Include any successor URLs designated by Sprint. The failure to exercise any right under the Agreement does not constitute a waiver of the party's right to exercise that right or any other right in the future. Except for the indemnified parties referenced in the Indemnification section, the Agreement's benefits do not extend to any third party. The Agreement does not create an employer-employee relationship, association, joint venture, partnership, or other form of legal entity or business enterprise between the parties, their agents, employees or Affiliates. Customer may not assign any rights or obligations under the Agreement or any Order without Sprint's prior written consent, except that Customer may assign the Agreement, after 30 days' prior written notice, to an Affiliate or an entity that has purchased all or substantially all of Customer's assets. Each party agrees that it will comply with all applicable laws in performance of its obligations under the Agreement. The Agreement will be governed by the laws of the State of Colorado, without regard to its choice of law principles. The English version of the Agreement will prevail over any foreign language versions. The terms and conditions of the Agreement regarding confidentiality, indemnification, limitations of liability, warranties, payment, dispute resolution and all others that by their sense and context are intended to survive the expiration of the Agreement will survive. 8. ATTACHMENTS. The following attachments are incorporated into this Agreement: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Reserved Reserved Reserved Reserved Mobility as a Service Pricing & Policies SPRINT CONFIDENTIAL AND PROPRIETARY INFORMATION Page 2 of 5 Rev. OB/18/2016 Page 124 of 141 No.: BSG1701-0058 Date: January 31. 2017 9. AGREEMENT EXECUTION. To become effective, this Maas Service Agreement must be: (A) signed by an authorized Customer representative; (B) delivered to Sprint on or before March 5, 2017; and (C) signed by a Sprint officer or authorized designee. The parties may execute and deliver this Maas Service Agreement manually or electronically. in one or more counterparts, each of which will be an original and all of which together will constitute one agreement. CITY OF ENGLEWOOD SPRINT SOLUTIONS. INC .• as contracting agent on behalf of the applicable Sprint affiliated entitles providing the By: Name: Title: Date: Address: ~~oo Name: Michaela Clairmonte Title: Manager, Contract Negotiations Date: //3; )-;;i.o17 F I Address: 12502 Sunrise Vallev Drive Reston, VA20196 Sprint-Approved es lo Legal Form KAC-27 Jan 2017 SPRINT CONFIDENTIAL AND PROPRIETARY INFORMATION Page 3 of 5 MG Rev. 08/1812016 Page 125 of 141 ATTACHMENT E MOBILITY AS A SERVICE PRICING & POLICIES No.: BSG1701-0058 Date: January 31, 2017 1. TERM. The Term of this MobiliJy as a Service Pricing & Policies Attachment will expire 24 months from the Effective Date. 2. PROVISION OF MOBILITY AS A SERVICE. 2.1 Generally. Sprint provides Mobility as a Service ('MaaS") as a bundled offering that includes the features set forth below and in the Mobilily as a Service Product Annex, which is posted In the "Product-specific Terms" section of the Rates and Conditions Website ("Maas Annex"), the applicable data allowance noted in the Pricing Tables below, and the use of a Maas Device (as defined below) for a certain period of time ("Maas Bundle"). The terms and conditions in this Attachment apply only to Sprint's provision of the Maas Bundle. Capitalized Jerms not otherwise defined in this Attachment will have the meaning assigned to such terms in the Wireless Services Product Annex or the Agreement. 2.2 Maas Devices. The devices utilized with the Maas Bundle ("Maas Devices") are provided to Customer under the terms set forth in this Attachment and the Maas Annex. Customer is not purchasing the Maas Devices; Sprint retains title to the Maas Devices at all times. Maas Devices must be used for lawful business purposes. 3. MAAS BUNDLE BUSINESS PLANS. Customer may select from the Maas Bundle Business Plans listed in this Attachment or other Sprint Business Plans, promotions, or trial offers that Sprint may offer on a limited time basis, provided that such other Sprint Business Plans, promotions, or trial offers are identified as being eligible for inclusion in a Maas Bundle. 3.1 Maas Bundle Business Plan Pricing. A. Minimum Service Term. Maas Bundles must remain active for the Minimum Service Term set forth in the applicable Pricing Table below ('Minimum Service Term"). The Minimum Service Term begins on the Maas Device activation date and ends after the completion of the applicable Minimum Service Term duration. Minimum Service Terms may extend beyond the Term of this Attachment. 8. Maas Device Tiers. To select a Maas Bundle, Customer will select a Maas Device from one of the Tiers in the Pricing Tables below ('Tier'). Sprint determines which Maas Devices are assigned to each Tier, and Sprint may move Maas Devices to different Tiers; provided that the Tier assigned to a Maas Device at the time of activation will apply to that Maas Device until the Maas Device is returned to Sprint and the Minimum Service Term has been completed. Within a Tier, certain devices may be available with increased memory configurations for an additional charge. C. Discounts. If Customer has at least 25 active Maas Bundles on a billing account number, Customer will receive the discounted Maas Bundle Business Plan monthly recurring charge (MRCl as set forth in the Pricing Tables below for those Maas Bundles active on that billing account number. Discounts are applied within 2 bill cycles and discounts are not prorated. The Maas Bundle Business Plan MRC is not eligible for Customer's Service Pricing Discount. D. Pricing Tables, Maas Bundle Business Plans • Two Year Minimum Service Term Overage charge for addltional data services 100 MB 1 2GB 4GB 6GB Unlimited' Maas Device Tier MRC MRC MRC MRC MRC usage above plan limit In Megabytes l 11 MBs 11 l and Giaabvtes l0 GBs11 \1 Tier 1 • Premium N/A NIA $52 NIA $58 $0.010/MB ($10/GBl Iconic Smartohone Tier 2 • Iconic NIA N/A $42 NIA $48 $0.010/MB ($10/GB) Smartohone Tier 3 -Smartohone NIA N/A $39 N/A $45 $0.010/MB ($10/GBl Tier 4 • Premium Tablet and Mobile NIA $33 $36 $38 $45' $0.010/MB ($10/GBl Broadband Tier 5 • Tablet, Feature Phone and $20 $25 $34 $36 $40 2 $0.010/MB ($10/GB) Mobile Broadband 2 Except for excess Sprint Mobile Hotspot usage as described below, overage charges do not apply for Unlimited Maas Bundle Business Plans. Unlimited use available while on the Sprint network. Sprint will throttle to 64kb and reserves the right to modify or suspend wireless data Service to a Wireless Data Connection Device on the 3G/4G Unlimited for Acceptable Use Plan above if such Wireless Data Connection Device exceeds 7GB/month of data usage, 100 MB/month of usage while Roaming or engages in the following prohibited uses: server devices or host computer Applications, including, but not limited to, continuous streaming video and Web camera posts; automatic data feeds; automated continuous streaming machine-to-machine connections; or peer-to-peer (P2Pl file-sharing Applications broadcasting to multiple servers or recipients such that they could enable "bots" or similar routines. SPRINT CONFIDENTIAL AND PROPRIETARY INFORMATION Page 4 of 5 Rev. 08/18/2016 Page 126 of 141 3.2 Maas Bundle Features. No.: BSG1701-005B Date: January 31, 2017 A. The Maas Bundle includes unlimited talk and text, which consists of unlimited Domestic voice, text, Direct Connect®, and Group Connect®; provided that Roaming in a given month may not exceed BOO minutes or a majority of minutes for voice Services. Direct Connect and Group Connect are available only on select Maas Devices. In addition, unlimited talk and text includes unlimited international textfortext messages sent to, or received from, over 1 BO countries while a Maas Device is located in the United States (subject to Maas Device capability). Additional charges apply for text messages sent or received while Roaming internationally. More information is available at sprint.com/international. B. The data allowance for Maas Bundles includes any Sprint Mobile Hotspot usage for Sprint Mobile Hotspot capable devices. Sprint Mobile Hotspot usage on an Unlimited Maas Bundle Business Plan is limited to 3GBs of usage and does not pool. If Custome~s Sprint Mobile Hotspot usage on an Unlimited Maas Bundle Business Plan exceeds 3GBs, Customer will be liable for a $0.010 per MB ($10 per GB) overage charge. C. For Smartphones and feature phones, data Roaming in a given month may not exceed 100 MBs or a majority of kilobytes. For other devices, data Roaming Is limited to 25MB for the 100MB Maas Bundle Business Plan; 100MB for the 2GB Maas Bundle Business Plans; and 300MB for other Maas Bundle Business Plans. Customer will be charged D. $0.25/MB for data Roaming above these limits. This Roaming limitation includes Sprint Mobile Hotspot usage. The E. Roaming data allowance does not pool. F. Except for Maas Devices on Unlimited Maas Bundle Business Plans, data usage will be pooled among all Maas Devices under the same billing account number. 4. FEES AND DISCOUNTS. 4.1 Cancellation Fee. If Customer terminates a Maas Bundle prior to the completion of the applicable Minimum Service Term, Customer will pay the cancellation fee set forth in the Supplemental Schedule of Maas Devices ("Cancellation Fee"). Cancellation Fees are not eligible for any early termination fee waivers that may be identified in the Agreement or in a Separate Agreement. 4.2 Activation Faes. For Custome~s Meas billing accounts, Sprint will waive the otherwise nonrefundable activation fee of $30 that typically applies to Customer billing accounts. 4.3 Accessory Discount. Customer will receive a 20% discount off of the national retail price for select accessories purchased for Maas Devices. 5. ADDITIONAL MAAS TERMS AND CONDITIONS. 5.1 Return of Maas Devices, Customer must return a Maas Device to Sprint within 30 days of the date Customer replaces the Maas Device or the applicable Maas Bundle is terminated. If Customer fails to return a Maas Device within that 30 day period, Customer will pay Sprint either (A) the Non-Return Fee set forth in the Supplemental Schedule of Maas Devices, in addition to any applicable Cancellation Fee, If Customer was obligated to return the Maas Device to Sprint prior to, or at the conclusion of, the applicable Minimum Service Term, or (8) fair market value for the Maas Device if Customer was obligated to return the Maas Device during the month-to-month period described in the Maas Annex. 5.2 Maas Extended Warranty Program ("Maas Warranty"). Sprint will provide this program for all Maas Devices, which covers mechanical or electrical failure due to defects in material or workmanship or normal wear and use, including cracked screens, to the Maas Device unless and until Customer chooses to cancel the Maas Warranty or the Maas Bundle is terminated. There is no claim service fee for the first two covered claims for a Maas Device that are fulfilled by Sprint in any consecutive 12 month period. For the third and any additional covered claim(s) for a Maas Device that are fulfilled by Sprint in any consecutive 12 month period, Customer will Incur a non-refundable claim service fee of $25 payable at the time of service. Customer may incur a service fee up to $50 payable at the time of service if a Maas Device is not serviced at a Sprint retail store location. Once a claim is approved, Customer will usually receive the replacement Maas Device within three business days. Claims may be fulfilled with a new or a Sprint certified remanufactured device. ti the same make and model is not available, a comparable model will be substituted. Colors, features, and accessory compatibility are not guaranteed. Customer may cancel the Maas Warranty without penalty. The value of the Maas Warranty is $2.57 per month, per Maas Device. Maas Warranty program terms and conditions apply and are posted in the "Product-specific Terms" section of the Rates and Conditions Website. EXCEPT WHERE EXPRESS CUSTOMER EXEMPTIONS ARE PROVIDED, THE MAAS WARRANTY TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES THE SUBMISSION OF ALL DISPUTES BETWEEN CUSTOMER AND ASURION, THE MAAS WARRANTY PROVIDER IN CERTAIN JURISDICTIONS, TO FINAL AND BINDING ARBITRATION. Notwithstanding the foregoing, the parties agree that the City cannot agree to Arbitration provisions and any dispute arising between the parties relating to this Agreement, which Is not resolved by mutual agreement of the parties, shall be resolved pursuant to the Mediation provision in Section 14.2 of the Standard Terms and Conditions, as revised by the Maas Service Agreement. 5.3 Wireless Services Product Annex. Customer must comply with the Wireless Services Product Annex, which is posted in the "Product-specific Terms" section of the Rates and Conditions Website and is incorporated into the Agreement. SPRINT CONFIDENTIAL AND PROPRIETARY INFORMATION Page 5 of 5 Rev. 08/18/2016 Page 127 of 141 COUNCIL COMMUNICATION Meeting Date:Agenda Item:Subject:Amendment to 7-3-3(A)(ii)(c)Distancing 11ai Requirement February 6,2017 Initiated By:Staff Source: City Council City Attorney’s Office PREVIOUS COUNCIL ACTION In 2006 the Englewood City Council passed an Emergency Ordinance addressing the residency of convicted sex offenders who must register with the State of Colorado as part of their probation requirements. RECOMMENDED ACTION Staff recommends an amendment to the current ordinance requirement restricting convicted sex offenders to be Two Thousand Feet (2,000’)from any school,park or playground to One Thousand Feet (1 ,000’). BACKGROUND,ANALYSIS,AND ALTERNATIVES IDENTIFIED The City Council in 2006 set the distancing requirement at Two Thousand Feet (2,000’) from any school,park or playground for any convicted sex offender required to register. Over the past six months City Council took testimony from a variety of individuals urging a repeal or amendment of the current ordinance.The City Council reviewed several alternatives and on December 12,2016 decided to reduce the current distancing of Two Thousand Feet (2,000’)to One Thousand Feet (1 ,000’)from any school,park,or playground. FINANCIAL IMPACT None LIST OF ATTACHMENTS Bill for an Ordinance Map of residences open to occupancy under the new 1,000 foot distancing. Page 128 of 141 l ‘st 52 .‘‘OZ 2'E,E ‘:5 §*.1.‘S 2'N >.2 ,0 EVANSAVE.8 E WARRENAVE. ILIFFAVE. WESLEYAVE._.,=;_. V ___vs 5 :5 ‘mi »,;;.——_..,._2‘. HARVARDAVE.——,_->~';*2 =<§2 G ‘.7,lo‘37,,Lo -.4 , "I "‘ 2 5.‘E 8 Q §2 6.»Qt K2‘‘5 "”- V‘55"'”VE-—:~§5.E 3 1‘.E 3 5 5 1%5%35 §:'5 2‘ _':‘:%EE:§%:3’+“‘U",3'8i£g< YALEAVE..v“'<'5 3.‘‘E; AMHERSTAVE.E 2 V»: 2 2 \EATESAVE.E:V 5 §_ 5.3 3CORNELLAVE.A .4 g ,4 §Ix DARTMOUTHAVE. EASTMANAVE., s'F_LUYDAVE. GIRARDAVE.: —l{.S.2:;mmpuerrgvs. .' JEFFERSON A l/E. '/THACAAVE.— KENYONAVE. lg.,.i LEHIGHAVE.lfzl , ~1- ‘ g _.MANSFIELD AVE. .2‘? «'a’v ~NASSAL/AVE. -9‘‘‘OXFORD A VE. W3.‘i_,;\=‘‘L’' ’ 7417--v~—V PRINCETDNAVE. ;.3:;_-;..-...i .,,r , inn ‘,_«§,Imj QUINCYAVE. .1 :2.la,la‘- « E.<21 3;:>~— 5 ‘my,3 —-RADCLIFFAVE. -‘E '5‘ —-——STANFORDAVE. _~-———~TL/FTSAVE.i ,‘ —~A —»——A UNIONAVE.‘ I ‘.——L—.~—LAYTONAVE, J E.‘ in —~——CHE/VANGDAVE. ‘E ‘;——GRANDAVE. is i E BELLEVIEWAVE. E ‘/CENT‘ENNiALAvs. Proposed Revision of the Sex Offender Residency Ban:1,000 Foot Buffers-Schools,Playgrounds,and Parks 1,000 Foot Buffers —-Arterial and Collector Streets Recreation and Daycare Facilities 1,000 Foot Buffers 0 Sex Offender Locations —Local StreetsaCityBoundary H Wnburil‘vnwx\vl<7mscx_!zr\_1D0Q_!uul_mm=n par 1 ennonnj sr. V Page 129 of 141 BY AUTHORITY ORDINANCE NO.COUNCIL BILL NO.4 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AMENDING TITLE 7,CHAPTER 3,SECTION 3,SUBSECTION A, PARAGRAPH ii,SUBPARAGRAPH c,PROHIBITIONS,OF THE ENGLEWOOD MUNICIPAL CODE 2000 WHICH PERTAINS TO PROHIBITED RESIDENCY OF SEX OFFENDERS DISTANCE RESIDENCE REQUIREMENTS. WHEREAS,the Englewood City Council approved the passage of an Emergency Ordinance No.34,Series 2006,which addressed the residency requirements of convicted sex offenders who must register with the State of Colorado as part oftheir probation requirements;and WHEREAS,over the past six months City Council has heard from members of the community regarding the current Sex Offender Ordinance,speci?cally the distancing requirement;and WHEREAS,City Council discussed changes to the Ordinance at several Study Sessions, including who the Ordinance would apply to;adding an appeal process or individual assessment procedure and reducing the current Ordinance distances;and WHEREAS,on December 12,2016 The Englewood City Council came to a consensus to amend the distancing requirement to any school,park,or playground from two Thousand Feet (2,000)to One Thousand Feet (1,000), 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 7,Chapter 3,Section 3,Subsection A,Paragraph (ii),Subparagraph (c)entitled Prohibitions,of the Englewood Municipal Code 2000,to read as follows: 7-3-3:-Prohibitions. A.It shall be unlawful for: i.Any person who has been found to be a sexually violent predator pursuant to 18-3-414.5 C.R.S.;or ii.Any person required to register under the Colorado Sex Offender Registration Act,C.R.S.Section 16-22-101,et.seq.who has been: Page 130 of 141 a.Convicted of a felony for an offense requiring registration;or b.l-[as multiple convictions for offenses requiring registration;or c.Whose offense(s)requiring registration involved multiple victims to establish a permanent residence or temporary residence within two one thousand feet (2 1,000‘)of any school,park,or playground or within one thousand feet (1,000‘)of any licensed day care center,recreation center or swimming pool (other than pools located at private,single-family residences),or any property located adjacent to any designated public or private school bus stop,walk-to-school route,or recreational trail. B.It is unlawful to let or rent any portion ofany property,place,structure,trailer or other vehicle with the knowledge that it will be used as a permanent or temporary residence by any person prohibited from establishing such permanent or temporary residence pursuant to this Chapter. Section 2.Safety Clauses.The City Council hereby ?nds,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. Section 3.Severability.Ifany clause,sentence,paragraph,or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competentjurisdiction invalid,such judgment shall not affect,impair or invalidate the remainder ofthis Ordinance or it application to other persons or circumstances. Section 4.Inconsistent Ordinances.All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5.Effect of repeal or modi?cation.The repeal or modification of any provision of the Code ofthe City of Englewood by this Ordinance shall not release,extinguish,alter,modify, or change in whole or in part any penalty,forfeiture,or liability,either civil or criminal,which shall have been incurred under such provision,and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions,suits, proceedings,and prosecutions for the enforcement of the penalty,forfeiture,or liability,as well as for the purpose of sustaining any judgment,decree,or order which can or may be rendered, entered,or made in such actions,suits,proceedings,or prosecutions. Section 6.Penalg.The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced,read in full,and passed on first reading on the 6"‘day of February,2017. Page 131 of 141 Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 9th day of February,2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 8th day of February,2017 for thiity (30)days. Joe Jefferson,Mayor ATTEST: Stephanie Carlile,Acting City Clerk 1,Stephanie Carlile,Acting City Clerk ofthe City of Englewood,Colorado,hereby certify that the above and foregoing is a true copy ofa Bill for an Ordinance,introduced,read in full,and passed on first reading on the 6"‘day of February,2017. Stephanie Carlile Page 132 of 141 COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: Amending Title 1-10-3 Authority to Issue 11 aii Subpoenas February 6, 2017 Initiated By: Staff Source: Dugan Comer, Acting City Attorney City Attorney's Office PREVIOUS COUNCIL ACTION In 1985 the Englewood City Council passed Title 1, Chapter 10, Subsections 1 through 3 EMC, setting forth the hearing procedures to be followed by the City Council, any Board, Commission or Official, conducting a Quasi-Judicial Hearing respecting the issuance, suspension or revocation of any License issued by the City. RECOMMENDED ACTION To amend Title One, Chapter 10, Section 3 EMC to allow for an official conducting a Quasi-Judicial Hearing to issue and enforce subpoenas to testify. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In December, 2016 City Council directed staff to revoke the License of iBake/Studio 420, and approved a special counsel to represent the City. During preliminary discussions with counsel for iBake/Studio 420 it was discovered that the official did not have authority to issue and enforce subpoenas. In order to protect due process rights of License holders and to insure a fair proceeding for all parties, amending 1-10-3 EMC of Title 1 will accomplish this task. No other alternatives have been identified. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for an Ordinance Page 133 of 141 BY AUTHORITY ORDINANCE NO. SERIES OF 2017 COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE AMENDING TITLE I, CHAPTER 10, SECTION 3, AUTHORITY TO ISSUE SUBPOENAS, OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, Title I, Chapter IO Notice And Hearing Procedures of the Englewood Municipal Code 2000, provides and sets forth the Hearing Procedures to be followed by the City Council, Board or Commission or official of the City; and WHEREAS, under Title 1-10-2-2(A) EMC a Hearing Body is defined as the City Council or any board, commission or official of the City; and WHEREAS, under Title 1-10-3 EMC the authority to issue subpoenas in quasi-judicial hearings rests with the City Clerk, Mayor, Chairman of the board or secretary of the board; and WHEREAS, amending Title 1-10-3 EMC to Hearing Body will allow an officer to issue and enforce subpoenas while maintaining the right of the City Council, board, or commission to also issue subpoenas; and WHEREAS, amending the current ordinance will also provide clarity to all participants regarding the issuance and enforcement of subpoenas for future hearings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The City Council of the City of Englewood, Colorado hereby authorizes amending Title I, Chapter I 0, Section 3, entitled Authority to Issue Subpoenas, of the Englewood Municipal Code 2000 to read as follows: 1-10-3: -Authority to Issue Subpoenas. The City Co1nieil Hearing Body or aRy eoara or eommissioR authorized to exercise quasi-judicial authority shall have the power to issue subpoenas to any person or entity in order to carry out its duties and responsibilities. A. The City Clerk, Mayor, ehairmaR ofthe eoara or seeretary oHhe eoara Hearing Body shall have the authority to sign said subpoenas for aREi OR eehalf eHhe CoHReil er bearEi. 1 Page 134 of 141 B. The subpoenas shall be served in the same manner as a subpoena issued by a Municipal Court. C. Upon failure of any witness to comply with such subpoena, the City Clerk, er M0j,•er, er ehairmaR efthe bears er seeretary efthe bears Hearing Body shall cause a summons and complaint to be filed in the Municipal Court of the City and a copy of the complaint to be served on the witness/defendant for a violation of this section for which the court shall promptly set a hearing date and review evidence in support of or contrary to the issuance of the subpoena, and the court may enter an order compelling the witness to attend and testify before the bears er eemmissie11. Hearing Body under penalty of punishment for contempt, in the case of unlawful failure to comply with the order of the court. D. A violation of this section shall also be a separate offense of the Englewood Municipal Code and shall be subject to all other penalties provided for in this Code. Section 2. 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. Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 6th day of February, 2017. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of February, 2017. 2 Page 135 of 141 Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of February, 2017 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day ofFebruaty, 2017. Stephanie Carlile 3 Page 136 of 141 COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: February 6, 2017 12bi $12,000 for Council members to attend National League of Cities Conference in Washington, D.C. Initiated By: Staff Source: City Manager's Office City Manager Eric Keck PREVIOUS COUNCIL ACTION Each year, City Council members attend the National League of Cities Conference in Washington, D.C. In order for Council to use funds from its travel budget, Council must approve the spending, which has always been done at a regular City Council meeting prior to the travel. RECOMMENDED ACTION If Council members want to attend the NLC Conference in Washington, D.C. from March 10-16, 2017, Council can approve a motion approving approximately $12,000 for four Councilors to attend. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The National League of Cities Conference in Washington, D.C., will be March 10-16, 2017. Approval for travel must be made at a regular City Council meeting. FINANCIAL IMPACT Early registration costs are $590/Councilor. Hotel rates for the conference are $269/night, for a total of $1,345 for five nights per Councilmember. Airfare costs currently average $500. Meals and transportation costs will be approximately $456 for each person. Total conference costs, including additional class registration, are approximately $3,000 per Councilmember. City Council's travel budget for 2017 is $19,500, which includes registration and travel. LIST OF ATTACHMENTS Page 137 of 141 2/2/2017 TENTATIVE STUDY SESSIONS TOPICS FOR ENGLEWOOD CITY COUNCIL February 6 Study Session Review of Candidates for Boards and Commission Appointments February 6 Regular Meeting (Materials due 24 Jan. 17) February 13 Study Session Emerald Ash Borer Presentation/Japanese Beetle Discussion Hearing Officer Proposal for Liquor and Marijuana Applications Historic Preservation Ordinance Review LEWWTP VFD Design-Build Project PBB Budget Review February 21 Study Session City Center Englewood and ULI February 21 Regular Meeting (Materials due 31 Jan. 17) February 27 Study Session City Council Policy and Procedures South Broadway Improvements Discussion Strategic Plan Update Discussion on Impact Fee Study and Implementation PBB Budget Review PIO Update March 6 Study Session Discussion of Adopting 2015 International Codes March 6 Regular Meeting (Materials due 14 Feb. 17) March 13 Study Session Cancelled due to NLC March 20 Study Session Review and Selection of Citizen of the Year Nominations March 20 Regular Meeting (Materials due 28 Feb. 17) March 27 Study Session Slate Communications Update Englewood Housing Authority Board Update Code Enforcement Advisory Board Update City Council Policy and Procedures Follow up on Closure of Englewood Ironworks Urban Renewal Area PBB Budget Review Page 138 of 141 2/2/2017 PIO Update April 3 Regular Meeting (Materials due 14 Mar. 17) April 10 Study Session Transportation Advisory Committee Board Update Water and Sewer Board Update LEWWTP Bennett Property Sale Proposal PBB Budget Review April 17 Regular Meeting (Materials due 28 Mar. 17) April 24 Study Session Slate Communications Update Alliance for Commerce in Englewood Board Update PBB Budget Review PIO Update May 1 Regular Meeting (Materials due 11 Apr. 17) May 8 Study Session Budget Advisory Committee Board Update PBB Budget Review May 15 Regular Meeting (Materials due 25 Apr. 17) May 22 Study Session Slate Communications Update PBB Budget Review PIO Update May 29 Memorial Day – Tues No planned meeting – 5th week Jun 5 Regular Meeting (Materials due 16 May 17) Jun 12 Study Session Cultural Arts Commission Board Update PBB Budget Review Jun 19 Regular (Materials due 30 May 17) Jun 26 Study Session PBB Budget Review PIO Update Jul 3 Regular (Materials due 13 Jun. 17) Jul 10 Study Session Parks and Recreation Commission Board Update PBB Budget Review Page 139 of 141 2/2/2017 Jul 17 Regular (Materials due 27 Jun. 17) Jul 24 Study Session PBB Budget Review Jul 31 No planned meeting – 5th Monday Aug 7 Regular Meeting (Materials due 18 Jul. 17) Aug 14 Study Session PBB Budget Review Aug 21 Regular Meeting (Materials due 30 Jul. 17) Aug 28 Study Session PBB Budget Review Sept 5 Regular Meeting Sept 11 Study Session PBB Budget Review Sept 18 Regular Meeting Sept 25 Study Session PBB Budget Review Oct 2 Regular Meeting Oct 9 Study Session PBB Budget Review Oct 16 Regular Meeting Oct 23 Study Session PBB Budget Review Oct 30 No planned meeting – 5th Monday Nov 6 Regular Meeting Nov 13 Study Session PBB Budget Review Nov 20 Regular Meeting Nov 27 Study Session PBB Budget Review Page 140 of 141 2/2/2017 Dec 4 Regular Meeting Dec 11 Study Session PBB Budget Review Dec 18 Regular Meeting Christmas Holidays FUTURE STUDY SESSION TOPICS Joint Meeting with Englewood School District Board & Commission Presentations Discharge Permit for LEWWTP Boards and Commissions Board and Commission Interviews (January and June) Alliance for Commerce in Englewood Committee Board of Adjustment and Appeals Budget Advisory Committee Code Enforcement Advisory Board (May) Cultural Arts Commission Election Commission Englewood Housing Authority (February) Keep Englewood Beautiful Commission (May) Liquor Licensing Authority Fire Pension, Police Pension and Retirement Board Parks and Recreation Commission Planning and Zoning Commission (February) Public Library Board (June) Transportation Advisory Committee Urban Renewal Authority Water and Sewer Board Page 141 of 141