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Home My WebLink About2017-07-03 (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, July 3, 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 June 19, 2017. City Council Regular - 19 Jun 2017 - Minutes - Pdf 6. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday, prior to the meeting, through the City Manager’s Office. Only those who meet the deadline can speak in this section. (This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes.) a. Coween Dickerson, an Englewood resident, will address Council regarding communication. 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 Cultural Arts Commission Alternate Rebecca Laurie-Betancourt to Regular Member. Appoint Cultural Arts Commission Liaison to regular member seat - Pdf b. Englewood Housing Authority Alternate to Regular Member Recommendation EHA Alternate to Regular Member - Pdf The current Englewood Housing Authority Board recommends Council approve a resolution appointing Ernest Arterburn from alternate to a regular seat on the Englewood Housing Authority c. A Resolution appointing Maria Alsubhi as a youth member of the Parks and Recreation Page 1 of 412 Englewood City Council Regular Agenda July 3, 2017 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Commission for the City of Englewood. d. A Resolution appointing Hannah Braun as a member to the Historic Preservation Commission for the City of Englewood. e. A Resolution appointing Dylan Carpenter as a Youth Member to the Public Library Board for the City of Englewood. f. A Resolution appointing Kaylie Carpenter as a youth member to the Cultural Arts Commission in Englewood Committee (CAC) for the City of Englewood. g. A Resolution reappointing David Carroll to the Cultural Arts Commisssion In Englewood Committee (CAC) for the City of Englewood. h. A Resolution appointing Matthew J. Crabtree as a member to the Historic Preservation Commission for the City of Englewood. i. A Resolution appointing CJ Cullinan as a member to the Historic Preservation Commission for the City of Englewood. j. A Resolution appointing Camille L. Cuypers to the Keep Englewood Beautiful Commission for the City of Englewood. k. A Resolution appointing Coween A. Dickerson as a member to the Code Enforcement Advisory Committee for the City of Englewood. l. A Resolution appointing Suzanne I. Dirckson as a member of the Budget Advisory Committee for the City of Englewood. m. A Resolution appointing Melinda Elswick as a member to the Historic Preservation Commission for the City of Englewood. n. A Resolution reappointing Amy Gallegos to the Alliance for Commerce in Englewood Committee (ACE) for the City of Englewood. o. A Resolution appointing Jennifer Heinrich as an alternate member to the Englewood Housing Authority for the City of Englewood. p. A Resolution appointing Nathan D. Hoag as an alternate member to the Alliance for Commerce in Englewood Committee (ACE) for the City of Englewood. q. A Resolution appointing Maryah Hoeft as a youth member of the Parks and Recreation Commission for the City of Englewood. r. A Resolution appointing Brianna M. Johnson to the Keep Englewood Beautiful Commission for the City of Englewood. s. A Resolution appointing Julia Kiewit as a member of the Budget Advisory Committee for the City of Englewood. t. A Resolution appointing Jeremy Lambert to the Alliance for Commerce in Englewood Committee (ACE) for the City of Englewood. u. A Resolution reappointing Richard Langdon to the Alliance for Commerce in Englewood Committee (ACE) for the City of Englewood. Page 2 of 412 Englewood City Council Regular Agenda July 3, 2017 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. v. A Resolution appointing Cassandra S. Letkomiller as a member to the Historic Preservation Commission for the City of Englewood. w. A Resolution appointing Caitlin Mercier to the Water and Sewer Board for the City of Englewood. x. A Resolution appointing Lynette E. Moore as an alternate member to the Cultural Arts Commission for the City of Englewood. y. A Resolution appointing Andrew M. Mullen as an alternate member to the Water and Sewer Board for the City of Englewood. z. A Resolution appointing Jay Rathbun to the Cultural Arts Commission in Englewood Committee (CAC) for the City of Englewood. aa. A Resolution appointing Aaron R. Rieger as an alternate member to the Board of Adjustment and Appeals for the City of Englewood. ab. A Resolution appointing Lauren E. Rieke as a member to the Historic Preservation Commission for the City of Englewood. ac. A Resolution appointing Neil Sarno as an alternate member to the Englewood Transportation Advisory Committee for the City of Englewood. ad. A Resolution reappointing Kristin Skelton to the Cultural Arts Commission in Englewood Committee (CAC) for the City of Englewood. ae. A Resolution appointing Keely Sugden to Keep Englewood Beautiful Commission for the City of Englewood. af. A Resolution appointing Gloria A Tate as a member to the Code Enforcement Advisory Committee for the City of Englewood. ag. A Resolution reappointing D. Alexander Wenzel to the Englewood Local Liquor and Medical Marijuana Licensing Authority. Board and Commission Resolutions 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. P.O.S.T Grant Agreement - Fiscal Agent Council Bill 45 - Pdf The Police Department is recommending that City Council adopt a Bill for an Ordinance on first reading authorizing the Chief of Police to sign a contract with the State of Colorado that will authorize the City of Englewood to act as the Fiscal Agent on behalf of the Peace Officer Standards and Training Board Greater Metro Region Training Committee. b. Approval of Ordinances on Second Reading. i. Amendments to the Mechanical Code Council Bill 34 Staff recommends that City Council approve a Bill for an Ordinance amending Page 3 of 412 Englewood City Council Regular Agenda July 3, 2017 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Title 8, Chapter 2, Article B of the Englewood Municipal Code 2000 pertaining to the Mechanical Code. Staff: Chief Building Official Karen Montanez, Community Development ii. Amendments to the Fuel Gas Code Council Bill 35 Staff recommends that City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article H of the Englewood Municipal Code 2000 pertaining to the Fuel Gas Code. Staff: Chief Building Official Karen Montanez, Community Development iii. Amendments to the Plumbing Code Council Bill 36 Staff recommends City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article C, of the Englewood Municipal Code 2000, pertaining to the Plumbing Code. Staff: Chief Building Official Karen Montanez, Community Development iv. Amendments to the Residential Code Council Bill 37 Staff recommends that City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article G, of the Englewood Municipal Code 2000 pertaining to the Residential Code. Staff: Chief Building Official Karen Montanez, Community Development v. Amendments to the Building Code Council Bill 38 Staff recommends City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article A, of the Englewood Municipal Code 2000 pertaining to the Building Code. Staff: Chief Building Official Karen Montanez, Community Development vi. Amendments to the Existing Building Code Council Bill 39 Staff recommends that City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article J of the Englewood Municipal Code 2000 pertaining to the Existing Building Code. Staff: Chief Building Official Karen Montanez, Community Development vii. Amendments to the Energy Conservation Code Council Bill 40 Staff recommends City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article I, of the Englewood Municipal Code, pertaining to the Energy Conservation Code. Staff: Chief Building Official Karen Montanez, Community Development viii. Englewood Senior Living Center - 3555 S. Clarkson St., Vacation of Easement and Dedication of Easement Vacation and Grant of Sewer Easement - 3555 S Clarkson Street - Pdf The Utilities staff recommends Council approval of the Vacation of Easement and Page 4 of 412 Englewood City Council Regular Agenda July 3, 2017 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Dedication of Sanitary Sewer Easement requested by KRF 965, LLC for construction of the Englewood Senior Living Center. ix. IGA with Urban Drainage and Flood Control District for the Big Dry Creek Diversion Pipe Council Bill 42 The Englewood Water and Sewer Board, at their June 6, 2017 meeting, recommended Council approve a Bill for an Ordinance approving an IGA with UDFCD to construct the diversion pipeline for the Big Dry Creek Diversion Project. The diversion pipeline is within the River Run Phase II Project currently under the UDFCD contract with Naranjo Civil Constructors. Utilities Director Tom Brennan x. Arapahoe County Consolidated C.A.D. IGA Council Bill 43 - Pdf The Police Department is recommending that the City enter into this Intergovernmental Agreement by and among: Arapahoe County, the Arapahoe County E-911 Communications Service Authority, the City of Cherry Hills Village, the City of Englewood, the City of Glendale, the City of Greenwood Village, the City of Littleton, and the City of Sheridan. This IGA pertains to the selection, design, purchase, and use of a single, consolidated Computer Aided Dispatch (C.A.D.) system to be utilized by all of the above entities, and to be hosted and operated by Arapahoe County. c. Resolutions and Motions i. Northwest Greenbelt Trail Connection Northwest Greenbelt Trail Connection Staff recommends that Council approve, by motion, a contract for the construction of the Northwest Greenbelt Trail Connection to the lowest bidder, Concrete Express Incorporated. Open Space Manager Dave Lee 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. Amendment to Agreement with Urban Drainage and Flood Control No. 11-07.25F Council Bill 44 - Pdf Staff recommends City Council adopt a bill for an ordinance to approve an Intergovernmental Agreement amending the previous agreement (Council Bill No. 50, Ordinance No. 1, Series of 2016/2017), which amended funding for the River Run Trailhead in order to complete the west-side parking lot. This is the final portion of the River Run Trailhead project. ii. Belleview Park Improvements Grant Acceptance Council Bill 46 - Pdf Staff recommends that Council approve a Bill for an Ordinance authorizing an Intergovernmental Agreement with Arapahoe County regarding acceptance of grant funding for Belleview Park Improvements. Open Space Manager Dave Page 5 of 412 Englewood City Council Regular Agenda July 3, 2017 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Lee iii. Rotolo Park Shelter Grant Acceptance Council Bill 47 - Pdf The Parks, Recreation and Library Department recommends Council approve an Ordinance authorizing an Intergovernmental Agreement between the City of Englewood and Arapahoe County for the Arapahoe County Open Space grant award in the amount of $50,000 for Rotolo Park Shelter. b. Approval of Ordinances on Second Reading i. Building Use Tax Ordinance Amendment Council Bill 48 - Pdf Staff recommends that the Council adopt the ordinance that amends Title 4, Chapter 4, of the Englewood Municipal Code 2000, pertaining to the imposition of use tax, all within the City of Englewood, Arapahoe County, Colorado. c. Resolutions and Motions i. L/E WWTP Workforce Alignment and Strategy Advisement Services (WASAS) L/E WWTP Workforce Alignment and Strategy Advisement Services (WASAS) - Pdf The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) Supervisory Committee recommends the Englewood City Council approve, by Motion, the Carollo Engineers, Inc. Professional Services Agreement for the Workforce Alignment and Strategy Advisement Services (WASAS) Master Agreement for L/E WWTP in the total not-to-exceed amount of $100,000, which includes a contingency amount of $8,000. Staff: Business Service Manager Cindy Goodburn 12. General Discussion a. Mayor's Choice i. Executive Session for a conference with the City attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6- 402(4)(b); b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 6 of 412 MINUTES City Council Regular Meeting Monday, June 19, 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 7:03 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 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: Mayor Pro Tem Rick Gillit STAFF PRESENT: City Manager Keck City Attorney McKenney Brown Assistant City Manager Robinson City Clerk Ellis Acting City Clerk Carlile Director Rinkel, Finance and Administrative Services Director Henderson, Public Works Director Brennan, Utilities Director Kuosman, Littleton/Englewood Wastewater Treatment Plant Director Power, Community Development Facilities and Operations Manager Long, Public Works Page 1 of 13 Draft Page 7 of 412 City Council Regular June 19, 2017 Engineering and Maintenance Manager Woo, Littleton/Englewood Wastewater Treatment Plant Business Services Manager Goodburn, Littleton/Englewood Wastewater Treatment Plant Senior Planner Stitt, Community Development Chief Building Official Montanez, Community Development Commander Englert, Police Department Technical Support Specialist II Munnell, Information Technology 5 Consideration of Minutes of Previous Session a) Minutes from the Regular City Council Meeting of June 5, 2017. Moved by Council Member Steve Yates Seconded by Council Member Linda Olson TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 5, 2017. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Rita Russell x Steve Yates (Moved By) x 6 0 0 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) Janice Brown addressed Council to express support of remaining in the Paris Climate Accord. b) Mark Swanson, an Englewood resident, was scheduled to speak to Council about his concerns with Code Enforcement and the Courts but was not present. c) Geoff Frazier, an Englewood resident, addressed Council regarding a commitment to lowering greenhouse gas emissions. d) Ida May Nicholl, an Englewood resident, addressed Council regarding the Englewood Depot. e) Doug Cohn, an Englewood resident, addressed Council regarding the Englewood Historic Preservation Society event on the 1918 Flu Pandemeic and the history of oxygen delivery to patients. Page 2 of 13 Draft Page 8 of 412 City Council Regular June 19, 2017 7 Recognition of Unscheduled Public Comment a) Scott Gilbert, an Englewood resident, addressed Council regarding emissions goals. b) Coween Dickerson, an Englewood resident, addressed Council regarding high density and use tax. c) Beth Borman, an Englewood resident, addressed Council regarding emissions goals. Council responded to Public Comment. 8 Communications, Proclamations, and Appointments There were no Communications, Proclamations, or Appointments. 9 Consent Agenda Items Moved by Council Member Steve Yates, seconded by Council Member Amy Martinez to approve Consent Agenda Items 9 (a) (i - viii) 9 (b) (i) and 9 (c) (i - ii). Council Member Rita Russell removed Agenda Item 9 (c) (ii) from Consent Agenda. a) Approval of Ordinances on First Reading i) Amendments to the Mechanical Code COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER YATES A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE B, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL MECHANICAL CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. ii) Amendments to the Fuel Gas Code COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER YATES A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE H, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL FUEL GAS CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. Page 3 of 13 Draft Page 9 of 412 City Council Regular June 19, 2017 iii) Amendments to the Plumbing Code COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER YATES A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE C, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL PLUMBING CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. iv) Amendments to the Residential Code COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER YATES A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE G, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL RESIDENTIAL CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. v) Amendments to the Building Code COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER YATES A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE A, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL BUILDING CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. vi) Amendments to the Existing Building Code COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER YATES A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE J, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL EXISTING BUILDING CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. vii) Amendments to the Energy Conservation Code Page 4 of 13 Draft Page 10 of 412 City Council Regular June 19, 2017 COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER YATES A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE I, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. viii) Arapahoe County Consolidated C.A.D. IGA COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER YATES BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH ARAPAHOE COUNTY, THE ARAPAHOE COUNTY E-911 COMMUNICATIONS SERVICES AUTHORITY, THE CITY OF CHERRY HILLS VILLAGE, THE CITY OF ENGLEWOOD, THE CITY OF GLENDALE, THE CITY OF GREENWOOD VILLAGE, THE CITY OF LITTLETON, AND THE CITY OF SHERIDAN FOR THE ARAPAHOE COUNTY CONSOLIDATED LAW ENFORCEMENT COMPUTER AIDED DISPATCH (CAD). b) Approval of Ordinances on Second Reading. i) Iron Works Village Metropolitan District IGA ORDINANCE NO. 33, SERIES OF 2017 (COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND IRON WORKS VILLAGE METROPOLITAN DISTRICT. c) Resolutions and Motions i) Award Contract for 2017 Chip Seal Program MOTION APPROVING A CONTRACT WITH FOOTHILLS PAVING AND MAINTENANCE INC, FOR COMPLETION OF THE 2017 CHIP SEAL PROGRAM, IN THE AMOUNT OF $321,933.10. ii) ResourceX (Priority Based Budgeting) Contract for Approval Moved by Council Member Amy Martinez Seconded by Council Member Steve Yates [Clerks note: This agenda item was removed from the Page 5 of 13 Draft Page 11 of 412 City Council Regular June 19, 2017 Consent Agenda Motion and considered independently.] MOTION APPROVING A CONTRACT WITH RESOURCEX, FOR AN ONLINE PRIORITY BASED BUDGETING TOOL AND SERVICE, IN THE AMOUNT OF $20,000 PER YEAR. THIS IS A 3 YEAR FIXED-PRICE CONTRACT. For Against Abstained Amy Martinez (Moved By) x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Steve Yates (Seconded By) x 4 2 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) Englewood Senior Living Center - 3555 S. Clarkson St., Vacation of Easement and Dedication of Easement Moved by Council Member Linda Olson Seconded by Council Member Steve Yates COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER OLSON BILL FOR AN ORDINANCE AUTHORIZING THE VACATION OF A SANITARY SEWER EASEMENT CONTAINING 2,649 SQUARE FEET, AT 3555 S. CLARKSON STREET BY THE CITY OF ENGLEWOOD AND A GRANT OF A SANITARY SEWER EASEMENT CONTAINING 1,990 SQUARE FEET, AT 3555 S. CLARKSON STREET, FROM KRF 965, LLC TO THE CITY OF ENGLEWOOD. For Against Abstained Amy Martinez x Joe Jefferson x Page 6 of 13 Draft Page 12 of 412 City Council Regular June 19, 2017 Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Steve Yates (Seconded By) x 6 0 0 Motion CARRIED. ii) IGA with Urban Drainage and Flood Control Distirct for the Big Dry Creek Diversion Pipe Moved by Council Member Linda Olson Seconded by Council Member Amy Martinez COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER OLSON BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) “AGREEMENT REGARDING CONSTRUCTION OF IMPROVEMENTS FOR BIG DRY CREEK DIVERSION PIPLINE” - AGREEMENT NO. 17-05.17 PROJECT NO. 100327, BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. For Against Abstained Amy Martinez (Seconded By) x Joe Jefferson x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Steve Yates x 6 0 0 Motion CARRIED. iii) Tabled Motion that the City of Englewood does not charge the School Board Use Tax and honor their tax exempt status. Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine Tabled Motion from the Regular City Council Meeting on June 5, 2017 to not charge Use Tax and honor the tax exemption for Englewood Public Schools. For Against Abstained Page 7 of 13 Draft Page 13 of 412 City Council Regular June 19, 2017 Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine (Seconded By) x Rita Russell (Moved By) x Steve Yates x 3 3 0 Motion DEFEATED. iv) Building Use Tax Ordinance Amendment Moved by Council Member Steve Yates Seconded by Council Member Amy Martinez COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER YATES A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO IMPOSITION OF USE TAX, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. Moved by Council Member Steve Yates Seconded by Council Member Joe Jefferson Motion to table Council Bill No. 48 to the next scheduled Regular City Council Meeting. For Against Abstained Amy Martinez x Joe Jefferson (Seconded By) x Linda Olson x Laurett Barrentine x Rita Russell x Steve Yates (Moved By) x 2 4 0 Motion DEFEATED. Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell Motion to amend Council Bill No. 48 to read: to exempt School District Page 8 of 13 Draft Page 14 of 412 City Council Regular June 19, 2017 from any Use Tax and honor their tax exempt status. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine (Moved By) x Rita Russell (Seconded By) x Steve Yates x 3 3 0 Motion DEFEATED. Moved by Council Member Steve Yates Seconded by Council Member Amy Martinez Motion to approve Council Bill No. 48 A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO IMPOSITION OF USE TAX, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. For Against Abstained Amy Martinez (Seconded By) x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Steve Yates (Moved By) x 4 2 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no additional items for Second Reading. c) Resolutions and Motions i) L/E WWTP Workforce Alignment and Strategy Advisement Services (WASAS) Page 9 of 13 Draft Page 15 of 412 City Council Regular June 19, 2017 Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell Motion to table Agenda Item 11 (c) (i) - L/E WWTP Workforce Alignment and Strategy Advisement Services (WASAS). For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine (Moved By) x Rita Russell (Seconded By) x Steve Yates x 5 1 0 Motion CARRIED, Item was tabled. ii) L/E WWTP Service Area Population Study Moved by Council Member Amy Martinez Seconded by Council Member Steve Yates Motion to approve a professional services agreement with Economic and Planning Systems Inc. (EPS) to conduct a population study for the L/E WWTP sanitary sewer service area in the amount not to exceed $40,610. For Against Abstained Amy Martinez (Moved By) x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell x Steve Yates (Seconded By) x 6 0 0 Motion CARRIED. iii) Award Pre-Construction Services for Police Headquarters Moved by Council Member Steve Yates Seconded by Council Member Linda Olson Motion to approve a Contract (AIA Document 133) with Adolfson & Peterson Construction for Construction Management and General Contractor services for the Police Headquarters project. The award will Page 10 of 13 Draft Page 16 of 412 City Council Regular June 19, 2017 authorize Pre-Construction Services only in the amount of $55,076.00. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Rita Russell x Steve Yates (Moved By) x 6 0 0 Motion CARRIED. iv) Investment Management Services Contract Amendment for the Englewood Police Headquarters Building Bond Proceeds Moved by Council Member Steve Yates Seconded by Council Member Linda Olson Motion to approve an amendment to the City's current Investment Manager contract with Insight Investment (previously Cutwater) to include services for managing the Englewood Police Headquarters Building bond proceeds. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Rita Russell x Steve Yates (Moved By) x 5 1 0 Motion CARRIED. v) Resolution for 2017 Budget Supplemental Appropriation for Security Moved by Council Member Steve Yates Seconded by Council Member Linda Olson RESOLUTION NO. 45, SERIES OF 2017 A RESOLUTION APPROVING A YEAR-END SUPPLEMENTAL Page 11 of 13 Draft Page 17 of 412 City Council Regular June 19, 2017 APPROPRIATION TO THE 2017 BUDGET. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Seconded By) x Laurett Barrentine x Rita Russell x Steve Yates (Moved By) x 6 0 0 Motion CARRIED. vi) Civic Center Security Upgrade Proposal Moved by Council Member Linda Olson Seconded by Council Member Amy Martinez Motion to approve two contracts for the proposed security access control upgrades, previously shared with Council in Executive Session, March 20, 2017. One Contract with Security Central in the amount of $134,522.37 ($1,482 monthly service fee) and One Contract with Schindler Elevator Corp. $4,356.00. For Against Abstained Amy Martinez (Seconded By) x Joe Jefferson x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Steve Yates x 6 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report Page 12 of 13 Draft Page 18 of 412 City Council Regular June 19, 2017 14 City Attorney’s Report 15 Adjournment MAYOR JEFFERSON MOVED TO ADJOURN. The meeting adjourned at 10:28 p.m. Acting City Clerk Page 13 of 13 Draft Page 19 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Debby Severa DEPARTMENT: Parks, Recreation & Library DATE: July 3, 2017 SUBJECT: Appoint Cultural Arts Commission Alternate to Regular Member DESCRIPTION: Appoint Cultural Arts Commission Alternate to Regular Member RECOMMENDATION: Appoint Cultural Arts Commission Alternate Member, Rebecca Laurie-Betancourt, as a regular member of the Commission. PREVIOUS COUNCIL ACTION: In the past, City Council has moved alternate members into regular seats when there is a vacancy on the Board. SUMMARY: In February 2017, City Council appointed Rebecca Laurie-Betancourt as Alternate Member to the Cultural Arts Commission. Cultural Arts Commission Member Sam Hakim's term will be expiring effective July 1, 2017. Mr. Hakim has notified the Department of Parks, Recreation and Library that he will not be reapplying for a second term. The vacant regular seat is for a three year term. It is the recommendation of the Parks, Recreation and Library Department and Chairperson of the Cultural Arts Commission, Tom Kruk, that City Council move Ms. Laurie-Betancourt into the regular seat. Ms. Laurie-Betancourt has actively participated in discussions and has contributed significantly towards the Board's operations and goals. Ms. Laurie-Betancourt has also volunteered to serve on the Commission's Strategic Plan Subcommittee. ANALYSIS: City Council has created alternate member positions on several of the City's boards and commissions for the purpose of lessening disruption to the board's operations when a vacancy occurs. The Cultural Arts Commission currently has an Alternate Member, Rebecca Laurie-Betancourt. Page 20 of 412 With the resignation of Commission Member Sam Hakim, the Cultural Arts Commission will have a vacant regular seat effective July 1, 2017. The Department of Parks, Recreation and Library and Chairperson of the Cultural Arts Commission is recommending that City Council move Ms. Laurie-Betancourt into the vacant regular seat. FINANCIAL IMPLICATIONS: There are no financial implications. ALTERNATIVES: City Council may choose to keep Rebecca Laurie-Betancourt as the Alternate Member and fill the vacancy in another way. CONCLUSION: Rebecca Laurie-Betancourt has proven to be a valuable member of the Cultural Arts Commission. She actively participates in discussions and has made significant contributions towards the Board's operations and goals. Therefore, it is the recommendation of Chairperson of the Cultural Arts Commission, Tom Kruk, and staff that City Council move Ms. Laurie- Betancourt into the vacant regular seat. ATTACHMENTS: Letter of Recommendation from Tom Kruk, Cultural Arts Commission Chairperson Attendance Record for Rebecca Laurie-Betancourt Resolution Page 21 of 412 April 27, 2017 To Whom It May Concern: I am highly recommending that both David Carroll’s and Kristin Skelton’s applications for reapplying to the Cultural Arts Commission (CAC) be approved. I am also highly recommending that alternate member Rebecca Laurie-Betancourt be elevated to full voting member upon the end of member Sam Hakim’s term. Sam has indicated that he will not be re-applying to the CAC. Both David and Rebecca have been very involved in the CAC’s meetings and have volunteered in sub- committee meetings where they have provided valuable input and suggestions for our future endeavors to provide public art in various forms. They both have experience in establishing synergistic relationships among various organizations and both have an enthusiasm and excitement to see what we can accomplish together. Kristin is currently the senior member of the CAC, and while she has missed several meetings due to classes she needed to attend, Kristin has completed these classes and has been very involved in both the meetings and the sub-committee meeting we held earlier this month. Kristin is very thoughtful and carefully considers our commissioned purpose when helping to set direction. Kristin is very engaged in our commission to help bring cultural arts to our city. Additionally, please note that youth liaison Daniel Black has indicated that he is no longer interested in serving; it would be wonderful to have another youth join the CAC as soon as time allows. I believe that the current membership of the CAC is quite capable of working together as a team to accomplish great things for the City of Englewood. I am humbled as their elected Chairman to lead such a talented group. Sincerely, Thomas C. Kruk Chairman, Englewood Cultural Arts Commission Page 22 of 412 Memorandum TO: Englewood City Council FROM: Debby Severa, Recording Secretary Cultural Arts Commission DATE: May 17, 2017 RE: Attendance for Rebecca Laurie-Betancourt, Cultural Arts Commission Alternate Member Rebecca Laurie-Betancourt was appointed as Alternate Member of the Cultural Arts Commission in February 2017. Rebecca has attended two of three commission meetings in addition to several subcommittee meetings. Please let me know if I can provide any additional information. Page 23 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING REBECCA LAURIE-BETANCOURT AS A 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, City Council appointed Rebecca Laurie-Betancourt as an Alternate Member to the Cultural Arts Commission for the City of Englewood; and WHEREAS, there is a vacancy on the Cultural Arts Commission; and WHEREAS, Rebecca Laurie-Betancourt has attended two out of three meetings and several subcommittee meetings; and WHEREAS, The Englewood City Council desires to appoint Rebecca Laurie-Betancourt to the Cultural Arts Commission; 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 a member of the Cultural Arts Commission for the City of Englewood. Rebecca Laurie- Betancourt’s term will become effective immediately and will expire July 1, 2020. ADOPTED AND APPROVED this 3rd day of July, 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 24 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Christa Graeve DEPARTMENT: City Manager's Office DATE: July 3, 2017 SUBJECT: Englewood Housing Authority Alternate to Regular Member Recommendation DESCRIPTION: Englewood Housing Authority Alternate to Regular Member Recommendation RECOMMENDATION: The current Englewood Housing Authority Board recommends Council approve a resolution appointing Ernest Arterburn from alternate to a regular seat on the Englewood Housing Authority PREVIOUS COUNCIL ACTION: Council regularly passes resolutions appointing alternates to fill regular vacancies that occur throughout the year on boards and commissions. SUMMARY: ANALYSIS: As an alternate member of the Englewood Housing Authority, Ernest Arterburn has attended 10 of the last 10 meetings. EHA Chair, Judy Browne, submitted a letter of recommendation stating the board unanimously supports his appointment. ATTACHMENTS: Ernest Arterburn Application Letter of Recommendation from the Chair Attendance Record Resolution Page 25 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING ERNEST ARTERBURN AS A MEMBER OF THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Housing Authority was established by the Englewood City Council with the passage of Resolution No. 42, Series of 1972; and WHEREAS, the purpose of the Englewood Housing Authority is to develop, manage and maintain dwelling units for the occupancy and benefit of low to moderate income persons residing in or intending to reside in the City of Englewood; and WHEREAS, City Council appointed Ernest Arterburn as an Alternate Member to the Englewood Housing Authority; and WHEREAS, there is a vacancy on the Englewood Housing Authority; and WHEREAS, Ernest Arterburn has attended 10 out 10 meetings of the Englewood Housing Authority; and WHEREAS, the Englewood City Council desires to appoint Ernest Arterburn to the Englewood Housing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Ernest Arterburn is hereby appointed to Englewood Housing Authority for the City of Englewood, Colorado. Ernest Arterburn’s term will become effective immediately and will expire July 1, 2022. ADOPTED AND APPROVED this 3rd day of July, 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 412 May 30,2017 The Honorable Joe Jefferson,Mayor Englewood City Council Members City of Englewood 1000 Englewood Parkway Englewood,CO 80110 Dear MayorJefferson and City Council Members: This letter is written in regard to the application of Earnest J.Arterburn,current Alternate Board Member for appointment as a regular Board Member to the Englewood Housing Authority Board of Commissioners. As you are probably aware,I,Judy Browne,Chair and Commissioner of the Englewood Housing Authority Board of Commissioners will not be seeking another term on the Board. The Englewood Housing Authority is appreciative of Mr.Arterburn’s contributions to the discussions and deliberations of the Board and his exceptional expertise in the banking and ?nancial areas as they apply to housing.As an EHA Alternate Board Member and member of the (Credit Union)Banking community he has had perfect attendance at all meetings and has provided exceptional insight into the needs and concerns of our community.Mr.Arterburn is an extremely valuable asset to the Board of Commissioners.The current Board unanimously supports his appointment as a Regular Commissioner to the Board. Thank you for your consideration. 'dy Bro ne,Chair Englewood Housing Authority Board of Commissioners Page 27 of 412 Submit Date: Jun 07, 2017 First Name Middle Initial Last Name Email Address Home Address Suite or Apt City State Postal Code Primary Phone Employer Job Title City of Englewood Boards & Commissions Application Form Profile Are you an Englewood resident? Yes No Question applies to multiple boards. How long have you lived in Englewood? 43 years What district do you live in? District 4 Which Boards would you like to apply for? Englewood Housing Authority: Submitted Question applies to multiple boards. If you are applying to multiple boards, please list your preference in order: Ernest Arterburn br0nc0s@comcast.net 4745 S. Lipan St. Englewood CO 80110 Home: (303) 981-2626 Credit Union of Colorado Vice President Ernest Arterburn Page 1 of 2 Page 28 of 412 Upload a Resume Question applies to multiple boards. Are you re-applying for a seat you currently hold? * Yes Interests & Experiences Please tell us about yourself and why you want to serve. Why are you interested in serving on a board or commission? Continue to serve on the Housing Authority as Commissioner Availability Question applies to multiple boards. Please list days of the week that you would be available for meetings. Monday Tuesday Wednesday Thursday Friday Ernest Arterburn Page 2 of 2 Page 29 of 412 EnglewoodHonsgAulllotIyaoamolCommssonuszrmNlendanceReootd3;;-Mrmmpm.__mmP715171**;_";C;;'f'='mmPrzsernmmPresunV;-;g;v;~_w_E_....pm.mmP715171“‘{;_n""-“:3!mm....mmP715171~;:«n:=:m_A_'_‘_,_mmpm.mmP715171"‘A:“:‘"';‘n':{$‘m?“HPlrsevvlPrzsemPlrsevvlPresun“-‘.T;2”Sm1..n.a.,cM...m-M--=--M--‘?;f;‘..'é..m.L..m-M---=-"M--Browne.umEnglewoodHousngAumnmyBoadofCommssnnerSzmaAltsvdanceRaxmicmPmmm.Plrsevvlmm.Pym.Pym.Pym.PusanPm11”"'=*‘*"'“'m.m.Plrsevvl.m.ym.ym.ym.PusanmVmchvPPPPPPPu5*"='9=‘-"""“Pmmm.Plrsevvlmm.5v.=.c...y""='"-E"""'.._mm.Plrsevvlmm.Pym.Pym.Pym.PusanPmua............yGruntsPzuh-m..m.Plrsevvl.m.ym.ym..._-PusanrzsavlO__m_§__mPPPPPPu"M-°“*=“m.m.Plrsevvl.m.ym.ym.ym.__m<~............yn-um.y..=...y.aP""PPPP"‘.y.....y.z....__,6“Alunme?nnmrssuuetM“PF“*5“"5"'“"“m.m.Plrsevvl.m..._ym.....__umu»..P..1.....cm,c.mau.§.y.P""PP‘V"*S-9*“Pmmm.Plrsevvlmm..._Pym.....__.._5AlumnaCnmalmmPage 30 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING MARIA ALSUBHI AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Parks and Recreation Commission was established to advise City Council in all matters pertaining to recreation; and WHEREAS, Maria Alsubhi has offered to serve and has applied for appointment to the Englewood Parks and Recreation Commission; and WHEREAS, the Englewood City Council applauds the volunteerism of this Englewood youth and desires to appoint Maria Alsubhi 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. Maria Alsubhi is hereby appointed as a youth member to the Parks and Recreation Commission, with a term expiring July 1, 2018 ADOPTED AND APPROVED this 3rd day of July, 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. Page 31 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING HANNAH BRAUN AS A MEMBER TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Historic Preservation Commission was established by the Englewood City Council with the passage of Ordinance No. 27, Series 2017; and WHEREAS, The Englewood Historic Preservation Commission is established to focus on preserving the aesthetic, historical, architectural, and geographic heritage of the City; and WHEREAS, Hannah Braun has applied for appointment to the Englewood Historic Preservation Commission; and WHEREAS, there is a vacancy on the Englewood Historic Preservation Commission; and WHEREAS, the Englewood City Council desires to appoint Hannah Braun to the Englewood Historic Preservation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Hannah Braun is hereby appointed to the Englewood Historic Preservation Commission, with a term expiring July 1, 2020 ADOPTED AND APPROVED this 3rd day of July, 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 32 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING DYLAN CARPENTER AS A YOUTH MEMBER 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, Dylan Carpenter has applied to serve as a youth member of the Englewood Public Library Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Dylan Carpenter is hereby appointed as a youth member to the Englewood Public Library Board, with a term expiring July 1, 2018 ADOPTED AND APPROVED this 3rd day of July 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 33 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING KAYLIE CARPENTER AS A YOUTH MEMBER 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 youth representative vacancy on the Englewood Cultural Arts Commission; and WHEREAS, Kaylie Carpenter has graciously applied for appointment as a youth member to the Englewood Cultural Arts Commission; and WHEREAS, the Englewood City Council desires to appoint Kaylie Carpenter as a youth member to the Englewood Cultural Arts Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Kaylie Carpenter is hereby appointed as a youth member to the Cultural Arts Commission for the City of Englewood, Colorado, with a term expiring July 1, 2018. ADOPTED AND APPROVED this 3rd day of July, 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 34 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION REAPPOINTING 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 reappointment to the Englewood Cultural Arts Commission; and WHEREAS, the Englewood City Council desires to reappoint 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 1. David Carroll is hereby reappointed to the Cultural Arts Commission for the City of Englewood, Colorado, with a term expiring July 1, 2020. ADOPTED AND APPROVED this 3rd day of July, 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 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING MATTHEW J. CRABTREE AS A MEMBER TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Historic Preservation Commission was established by the Englewood City Council with the passage of Ordinance No. 27, Series 2017; and WHEREAS, The Englewood Historic Preservation Commission is established to focus on preserving the aesthetic, historical, architectural, and geographic heritage of the City; and WHEREAS, Matthew J. Crabtree has applied for appointment to the Englewood Historic Preservation Commission; and WHEREAS, there is a vacancy on the Englewood Historic Preservation Commission; and WHEREAS, the Englewood City Council desires to appoint Matthew J. Crabtree to the Englewood Historic Preservation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Matthew J. Crabtree is hereby appointed to the Englewood Historic Preservation Commission, with a term expiring July 1, 2021 ADOPTED AND APPROVED this 3rd day of July, 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 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING CJ CULLINAN AS A MEMBER TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Historic Preservation Commission was established by the Englewood City Council with the passage of Ordinance No. 27, Series 2017; and WHEREAS, The Englewood Historic Preservation Commission is established to focus on preserving the aesthetic, historical, architectural, and geographic heritage of the City; and WHEREAS, CJ Cullinan has applied for appointment to the Englewood Historic Preservation Commission; and WHEREAS, there is a vacancy on the Englewood Historic Preservation Commission; and WHEREAS, the Englewood City Council desires to appoint CJ Cullinan to the Englewood Historic Preservation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. CJ Cullinan is hereby appointed to the Englewood Historic Preservation Commission, with a term expiring July 1, 2021 ADOPTED AND APPROVED this 3rd day of July, 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 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING CAMILLE L. CUYPERS 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, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Camille L. Cuypers has applied to serve as a member of the Keep Englewood Beautiful Commission; and WHEREAS, the Englewood City Council desires to appoint Camille L. Cuypers to the Keep Englewood Beautiful Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Camille L. Cuypers is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado, with a term expiring February 1, 2018. ADOPTED AND APPROVED this 3rd day of July, 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 38 of 412 1 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING COWEEN A. DICKERSON AS A 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, Coween A. Dickerson has graciously applied to serve as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council desires to appoint Coween A. Dickerson as a member 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoints Coween A. Dickerson as a member to the Code Enforcement Advisory Committee, with a term expiring July 1, 2018. ADOPTED AND APPROVED this 3rd day of July, 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 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING SUZANNE I. DIRCKSON AS A MEMBER OF THE BUDGET ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Budget Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 16, Series 2013; and WHEREAS, the City's finances and budget activities are important to the very essence of the City of Englewood’s community; and WHEREAS, the City Council recognizes the importance of citizen involvement in setting the scope of the budget activities in the City; and WHEREAS, Suzanne I. Dirckson has applied for appointment to the Englewood Budget Advisory Committee; and WHEREAS, there is a vacancy on the Englewood Budget Advisory Committee; and WHEREAS, the Englewood City Council desires to appoint Suzanne I. Dirckson to the Englewood Budget Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Suzanne I. Dirckson is hereby appointed to the Englewood Budget Advisory Committee, with a term expiring July 1, 2020 ADOPTED AND APPROVED this 3rd day of July, 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 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING MELINDA ELSWICK AS A MEMBER TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Historic Preservation Commission was established by the Englewood City Council with the passage of Ordinance No. 27, Series 2017; and WHEREAS, The Englewood Historic Preservation Commission is established to focus on preserving the aesthetic, historical, architectural, and geographic heritage of the City; and WHEREAS, Melinda Elswick has applied for appointment to the Englewood Historic Preservation Commission; and WHEREAS, there is a vacancy on the Englewood Historic Preservation Commission; and WHEREAS, the Englewood City Council desires to appoint Melinda Elswick to the Englewood Historic Preservation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Melinda Elswick is hereby appointed to the Englewood Historic Preservation Commission, with a term expiring July 1, 2021 ADOPTED AND APPROVED this 3rd day of July, 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 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION REAPPOINTING AMY GALLEGOS 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, Amy Gallegos has applied to be reappointed as a member of Alliance for Commerce In Englewood Committee; and WHEREAS, the Englewood City Council desires to reappoint Amy Gallegos 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. Amy Gallegos is hereby reappointed to Alliance for Commerce In Englewood Committee, with a term expiring July 1, 2020. ADOPTED AND APPROVED this 3rd day of July, 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 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING JENNIFER HEINRICH AS AN ALTERNATE MEMBER TO THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Housing Authority was established by the Englewood City Council with the passage of Resolution No. 42, Series of 1972; and WHEREAS, the purpose of the Englewood Housing Authority is to develop, manage and maintain dwelling units for the occupancy and benefit of low to moderate income persons residing in or intending to reside in the City of Englewood; and WHEREAS, Jennifer Heinrich has graciously offered to serve as an Alternate Member to the Englewood Housing Authority; 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, 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; 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 Jennifer Heinrich as an alternate member of the Englewood Housing Authority, with no term expiration. ADOPTED AND APPROVED this 3rd day of July, 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 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING NATHAN D. HOAG 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 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, Nathan D. Hoag has graciously applied to serve as an alternate member of Alliance for Commerce In Englewood Committee; and WHEREAS, the Englewood City Council desires to appoint Nathan D. Hoag 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 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; 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 Nathan D. Hoag is hereby appointed as an alternate to Alliance for Commerce In Englewood Committee, with no term expiration. ADOPTED AND APPROVED this 3rd day of July, 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 44 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING MARYAH HOEFT AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Parks and Recreation Commission was established to advise City Council in all matters pertaining to recreation; and WHEREAS, Maryah Hoeft is a current member of the Englewood Parks and Recreation Commission; and WHEREAS, Maryah Hoeft has offered to serve and has applied for appointment to the Englewood Parks and Recreation Commission; and WHEREAS, the Englewood City Council applauds the volunteerism of this Englewood youth and desires to appoint Maryah Hoeft 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. Maryah Hoeft is hereby appointed as a youth member to the Parks and Recreation Commission, with a term expiring July 1, 2018 ADOPTED AND APPROVED this 3rd day of July, 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. Page 45 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING BRIANNA M. JOHNSON 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, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Brianna M. Johnson has applied to serve as a member of the Keep Englewood Beautiful Commission; and WHEREAS, the Englewood City Council desires to appoint Brianna M. Johnson to the Keep Englewood Beautiful Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Brianna M. Johnson is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado, with a term expiring February 1, 2018. ADOPTED AND APPROVED this 3rd day of July, 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 46 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING JULIA KIEWIT AS A MEMBER OF THE BUDGET ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Budget Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 16, Series 2013; and WHEREAS, the City's finances and budget activities are important to the very essence of the City of Englewood’s community; and WHEREAS, the City Council recognizes the importance of citizen involvement in setting the scope of the budget activities in the City; and WHEREAS, Julia Kiewit has applied for appointment to the Englewood Budget Advisory Committee; and WHEREAS, there is a vacancy on the Englewood Budget Advisory Committee; and WHEREAS, the Englewood City Council desires to appoint Julie Kiewit to the Englewood Budget Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Julia Kiewit is hereby appointed to the Englewood Budget Advisory Committee, with a term expiring July 1, 2020 ADOPTED AND APPROVED this 3rd day of July, 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 47 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING JEREMY LAMBERT 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, Jeremy Lambert has applied to serve as a member of Alliance for Commerce In Englewood Committee; and WHEREAS, the Englewood City Council desires to appoint Jeremy Lambert 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, with a term expiring July 1, 2020. ADOPTED AND APPROVED this 3rd day of July, 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 48 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION REAPPOINTING 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 be reappointed as a member of Alliance for Commerce In Englewood Committee; and WHEREAS, the Englewood City Council desires to reappoint 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 reappointed to Alliance for Commerce In Englewood Committee, with a term expiring July 1, 2020. ADOPTED AND APPROVED this 3rd day of July, 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 49 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING CASSANDRA S. LETKOMILLER AS A MEMBER TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Historic Preservation Commission was established by the Englewood City Council with the passage of Ordinance No. 27, Series 2017; and WHEREAS, The Englewood Historic Preservation Commission is established to focus on preserving the aesthetic, historical, architectural, and geographic heritage of the City; and WHEREAS, Cassandra S. Letkomiller has applied for appointment to the Englewood Historic Preservation Commission; and WHEREAS, there is a vacancy on the Englewood Historic Preservation Commission; and WHEREAS, the Englewood City Council desires to appoint Cassandra S. Letkomiller to the Englewood Historic Preservation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Cassandra S. Letkomiller is hereby appointed to the Englewood Historic Preservation Commission, with a term expiring July 1, 2020 ADOPTED AND APPROVED this 3rd day of July, 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 50 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING CAITLIN MERCIER 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 Caitlin Mercier to the Englewood Water and Sewer Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Caitlin Mercier is hereby appointed to the Englewood Water and Sewer Board, with a term expiring February 1, 2022. ADOPTED AND APPROVED this 3rd day of July, 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 51 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING LYNETTE E. MOORE 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, Lynette E. Moore 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 Lynette E. Moore 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 Lynette E. Moore as an alternate member of the Englewood Cultural Arts Commission, with no term expiration. ADOPTED AND APPROVED this 3rd day of July, 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 52 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING ANDREW M. MULLEN AS AN ALTERNATE MEMBER 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, the Englewood City Council desire to appoint Andrew M. Mullen as an alternate member to the Water and Sewer Board; 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; 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 Andrew M. Mullen as an alternate member of the Water and Sewer Board for the City of Englewood, with no term expiration. ADOPTED AND APPROVED this 3rd day of July, 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 53 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING JAY RATHBUN 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, Jay Rathbun has graciously applied for appointment to the Englewood Cultural Arts Commission; and WHEREAS, the Englewood City Council desires to appoint Jay Rathbun to the Englewood Cultural Arts Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Jay Rathbun is hereby appointed to the Cultural Arts Commission for the City of Englewood, Colorado, with a term expiring July 1, 2018. ADOPTED AND APPROVED this 3rd day of July, 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 54 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING AARON R. RIEGER AS AN ALTERNATE MEMBER 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, the Englewood City Council desires to appoint Aaron R. Rieger as an alternate to the Englewood Board of Adjustment and Appeals; 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; 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. Aaron R. Rieger is hereby appointed as an alternate to the Englewood Board of Adjustment and Appeals, with no term expiration. ADOPTED AND APPROVED this 3rd day of July, 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 55 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING LAUREN E. RIEKE AS A MEMBER TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Historic Preservation Commission was established by the Englewood City Council with the passage of Ordinance No. 27, Series 2017; and WHEREAS, The Englewood Historic Preservation Commission is established to focus on preserving the aesthetic, historical, architectural, and geographic heritage of the City; and WHEREAS, Lauren E. Rieke has applied for appointment to the Englewood Historic Preservation Commission; and WHEREAS, there is a vacancy on the Englewood Historic Preservation Commission; and WHEREAS, the Englewood City Council desires to appoint Lauren E. Rieke to the Englewood Historic Preservation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Lauren E. Rieke is hereby appointed to the Englewood Historic Preservation Commission, with a term expiring July 1, 2021 ADOPTED AND APPROVED this 3rd day of July, 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 56 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING NEIL SARNO AS AN ALTERNATE MEMBER TO THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Transportation Advisory Committee has been established as an advisory committee focused on transportation issues in the City of Englewood and shall seek to promote close cooperation between the City, individuals, businesses, institutions and agencies concerned with transportation related activities; and WHEREAS, the Englewood Transportation Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 65, Series of 2001; and WHEREAS, the Englewood City Council desire to appoint Neil Sarno as an alternate member to the Transportation Advisory Committee; 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; 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 Neil Sarno as an alternate member of the Englewood Transportation Advisory Committee, with no term expiration. ADOPTED AND APPROVED this 3rd day of July, 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 57 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION REAPPOINTING KRISTIN SKELTON 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, Kristin Skelton has graciously applied for reappointment to the Englewood Cultural Arts Commission; and WHEREAS, the Englewood City Council desires to reappoint Kristin Skelton to the Englewood Cultural Arts Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Kristin Skelton is hereby reappointed to the Cultural Arts Commission for the City of Englewood, Colorado, with a term expiring July 1, 2020. ADOPTED AND APPROVED this 3rd day of July, 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 58 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING KEELY SUGDEN 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, Keely Sugden has applied to serve as a member of the Keep Englewood Beautiful Commission; and WHEREAS, the Englewood City Council desires to appoint Keely Sugden to the Keep Englewood Beautiful Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Keely Sugden is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado, with a term expiring February 1, 2019. ADOPTED AND APPROVED this 3rd day of July, 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 59 of 412 1 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION APPOINTING GLORIA A. TATE AS A 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, Gloria A. Tate has graciously applied to serve as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council desires to appoint Gloria A. Tate as a member 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. The Englewood City Council hereby appoints Gloria A. Tate as a member to the Code Enforcement Advisory Committee, with a term expiring July 1, 2019. ADOPTED AND APPROVED this 3rd day of July, 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 60 of 412 RESOLUTION NO. _____ SERIES OF 2017 A RESOLUTION REAPPOINTING D. ALEXANDER WENZEL TO THE ENGLEWOOD LOCAL LIQUOR AND MEDICAL MARIJUANA LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Local Liquor and Medical Marijuana Licensing Authority has been created and has all powers of the local licensing authority as set forth by the State of Colorado to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, to conduct investigations as required by law, and to suspend or revoke such licenses for cause in the manner provided by law; and WHEREAS, the Local Liquor and Medical Marijuana Licensing Authority shall grant or refuse local licenses for the cultivation, manufacture, distribution, and sale of Medical Marijuana; to conduct investigations as required by law; suspend, fine, restrict, or revoke such licenses; and WHEREAS, D. Alexander Wenzel desires to serve the City and has applied for reappointment to the Englewood Local Liquor and Medical Marijuana Licensing Authority; and WHEREAS, there is a vacancy on the Englewood Local Liquor and Medical Marijuana Licensing Authority; and WHEREAS, the Englewood City Council desires to reappoint D. Alexander Wenzel to the Englewood Local Liquor and Medical Marijuana Licensing Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. D. Alexander Wenzel is hereby reappointed to the Englewood Local Liquor and Medical Marijuana Licensing Authority. D. Alexander Wenzel’s term will be effective immediately and will expire July 1, 2020. ADOPTED AND APPROVED this 3rd day of July, 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 61 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Englert DEPARTMENT: Police DATE: July 3, 2017 SUBJECT: P.O.S.T Grant Agreement - Fiscal Agent DESCRIPTION: P.O.S.T Grant Agreement - Fiscal Agent RECOMMENDATION: The Police Department is recommending that City Council adopt a Bill for an Ordinance on first reading authorizing the Chief of Police to sign a contract with the State of Colorado that will authorize the City of Englewood to act as the Fiscal Agent on behalf of the Peace Officer Standards and Training Board Greater Metro Region Training Committee. PREVIOUS COUNCIL ACTION: City Council has previously approved these agreements every year since 2012. SUMMARY: The Peace Officer Standards and Training Board (P.O.S.T) of the Office of the Colorado Attorney General has the primary mission to establish and maintain the standards for peace officer training and certification that are relevant, realistic and responsive to an ever-changing world. The purpose of this grant is to assist the State in fulfilling its responsibility to provide professional quality training programs to Colorado peace officers who risk their lives every day in the normal course of their duties. Quality training is crucial for peace officers who are expected to make quick and difficult health and safety decisions that are in the best interests of the citizens of Colorado and to the officer. State funding for peace officer training programs enable the P.O.S.T. board to provide substantial training for peace officers who serve the citizens of Colorado. Each year, various regions within the State submit applications for the grant award that has been established. The Greater Metro Region, of which the Englewood Police Department is a voting member, provides low-cost and free training to the members of the Greater Metro Region, as well as scholarships to those agencies that could not otherwise afford the training. One of the requirements for each region is that a Fiscal Agent be established so that disbursement of training dollars can be issued to vendors or local law enforcement agencies. The Greater Metro Region has asked the City of Englewood’s Finance and Administrative Services Department to act as their Fiscal Agent. ANALYSIS: Page 62 of 412 The Police Department is recommending that City Council adopt a Bill for an Ordinance on first reading. FINANCIAL IMPLICATIONS: The Fiscal Agent will be responsible for distributing checks. In turn the P.O.S.T. Board has authorized that the City of Englewood receive a 5% Administrative fee for acting as the Fiscal Agent. ALTERNATIVES: N/A - This is keeping with the status quo. CONCLUSION: The Police Department is recommending that City Council adopt a Bill for an Ordinance on first reading. ATTACHMENTS: Bill for an Ordinance Exhibit A 2018 POST Grant Agreement Page 63 of 412 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 45 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO AND AUTHORIZING THE CITY OF ENGLEWOOD, AS THE FISCAL AGENT FOR THE PEACE OFFICER STANDARDS AND TRAINING BOARD GREATER METRO REGION TRAINING COMMITTEE. WHEREAS, the Peace Officer Standards and Training Board (POST) of the Office of the Colorado Attorney General has the primary mission to establish and maintain the standards for peace officer training and certification that are relevant, realistic and responsive to an ever- changing world; and WHEREAS, this Grant is for the City to assist the State in fulfilling its responsibility of providing professional quality training programs to Colorado peace officers who risk their lives every day in the normal course of their duties and are expected to make quick and difficult health and safety decisions that are in the best interests of the citizens of Colorado; and WHEREAS, the Greater Metro Region, of which the Englewood Police Department is a voting member, provides low-cost and free training to the members of the Greater Metro Region as well as scholarships to those agencies that could not otherwise afford the training; and WHEREAS, one of the requirements for each region is that a Fiscal Agent be established so that disbursement of training dollars can be issued to vendors or local law enforcement agencies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. . The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of the grant from the State of Colorado to act as the Fiscal Agent on behalf of the Peace Officer Standards and Training Board (POST) Greater Metro Region Training Committee for the July 1, 2017 fiscal year ending June 30, 2018, attached hereto as Exhibit A. Section 2. The Chief of Police is hereby authorized to sign the POST Grant for the Greater Metro Regional Training Committee. Read by Title and passed on final reading on the 3rd day of July, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 6th day of July, 2017. Published by title on the City’s official website beginning on the 5th day of July, 2017 for thirty (30) days. Page 64 of 412 2 This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Page 65 of 412 Page 1 Routing # CMS # STATE OF COLORADO Department of Law Grant Agreement with CITY OF ENGLEWOOD TABLE OF CONTENTS 1. PARTIES ................................................................................................................................................................... 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. ..................................................................................... 1 3. RECITALS ................................................................................................................................................................ 1 4. DEFINITIONS .......................................................................................................................................................... 2 5. TERM and EARLY TERMINATION. ..................................................................................................................... 3 6. STATEMENT OF WORK ........................................................................................................................................ 3 7. PAYMENTS TO GRANTEE.................................................................................................................................... 3 8. REPORTING - NOTIFICATION ............................................................................................................................. 4 9. GRANTEE RECORDS ............................................................................................................................................. 4 10. CONFIDENTIAL INFORMATION-STATE RECORDS ...................................................................................... 5 11. CONFLICTS OF INTEREST ................................................................................................................................. 6 12. REPRESENTATIONS AND WARRANTIES ....................................................................................................... 6 13. INSURANCE .......................................................................................................................................................... 6 14. BREACH ................................................................................................................................................................. 7 15. REMEDIES ............................................................................................................................................................. 8 16. NOTICES and REPRESENTATIVES .................................................................................................................... 9 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............................................................. 10 18. GOVERNMENTAL IMMUNITY ........................................................................................................................ 10 19. STATEWIDE GRANT MANAGEMENT SYSTEM ........................................................................................... 10 20. GENERAL PROVISIONS .................................................................................................................................... 11 21. COLORADO SPECIAL PROVISIONS ............................................................................................................... 13 22. SIGNATURE PAGE ............................................................................................................................................. 15 EXHIBIT A – STATEMENT OF WORK ................................................................................................................. A1 EXHIBIT B - APPLICATION ................................................................................................................................... B1 EXHIBIT C - OPTION LETTER ............................................................................................................................... C1 1. PARTIES This Grant Agreement (hereinafter called “Grant”) is entered into by and between City of Englewood (hereinafter called “Grantee”), and the STATE OF COLORADO acting by and through the Department of Law, Peace Officer Standards and Training (POST) (hereinafter called the “State or DOL” or “POST”). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the “Effective Date”). The State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. RECITALS A. Authority, Appropriation, and Approval Authority to enter into this Grant exists in Colorado Revised Statutes C.R.S.24-31-310 and funds have been budgeted, appropriated and otherwise made available pursuant to C.R.S.42-3-3004 (24) and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. Page 66 of 412 Page 2 B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose The Grantee will deliver law enforcement training services as identified in Exhibit B (Application). D. References All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Budget “Budget” means the budget for the Work described in Exhibit A and B. B. Evaluation “Evaluation” means the process of examining Grantee’s Work and rating it based on criteria established in §6 and Exhibit A and B. C. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A (Statement of Work), Exhibit B (Application), and Exhibit C (Option Letter). D. Goods “Goods” means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. E. Grant “Grant” means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. F. Grant Funds “Grant Funds” means available funds payable by the State to Grantee pursuant to this Grant. G. Party or Parties “Party” means the State or Grantee and “Parties” means both the State and Grantee. H. Program “Program” means the POST Region Law Enforcement Training grant program that provides the funding for this Grant. I. Review “Review” means examining Grantee’s Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6 and Exhibit A and B. J. Services “Services” means the required services to be performed by Grantee pursuant to this Grant. K. Subgrantee “Subgrantee” means third-parties, if any, engaged by Grantee to aid in performance of its obligations. L. Work “Work” means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit A and B, including the performance of the Services and delivery of the Goods. M. Work Product “Work Product” means the tangible or intangible results of Grantee’s Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. Page 67 of 412 Page 3 5. TERM A. Initial Term-Work Commencement The Parties respective performances under this Grant shall commence on the later of either the Effective Date or July 1, 2017. This Grant shall terminate on June 30, 2018 unless sooner terminated or further extended as specified elsewhere herein. 6. STATEMENT OF WORK A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit A and B on or before June 30, 2018. The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed by Grantee or Subgrantees shall be considered Grantee’s or Subgrantees’ employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. 7. PAYMENTS TO GRANTEE The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the State is $442,264.00, as determined by the State from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Work. B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Grant or in Exhibit A shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. ii. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by Grantee previously accepted by the State. Uncontested amounts not paid by the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of day’s interest to be paid and the interest rate. iii. Available Funds-Contingency-Termination The State is prohibited by law from making fiscal commitments beyond the term of the State’s current fiscal year. Therefore, Grantee’s compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are used with this Grant in whole or in part, the State’s performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State’s liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Grant, the State may immediately terminate this Grant in whole or in part without further liability in accordance with the provisions herein. iv. Erroneous Payments Page 68 of 412 Page 4 At the State’s sole discretion, payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other Grants, grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the State. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Grantee may adjust budgeted expenditure amounts up to 10% within each line item of said Budget without approval of the State. Adjustments in excess of 10% shall be authorized by the State in an amendment to this Grant. The State’s total consideration shall not exceed the maximum amount shown herein. 8. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §19, if applicable. A. Performance, Progress, Personnel, and Funds State shall submit a report to the Grantee upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee’s performance and the final status of Grantee's obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit A. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee’s ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State’s principal representative as identified herein. If the State’s principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of Department of Law. C. Performance Outside the State of Colorado and/or the United States [Not applicable if Grant Funds include any federal funds] Following the Effective Date, Grantee shall provide written notice to the State, in accordance with §16 (Notices and Representatives), within 20 days of the earlier to occur of Grantee’s decision to perform, or its execution of an agreement with a Subgrantee to perform, Services outside the State of Colorado and/or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. All notices received by the State pursuant to this §8.C shall be posted on the Colorado Department of Personnel & Administration’s website. Knowing failure by Grantee to provide notice to the State under this §8.C shall constitute a material breach of this Grant. D. Noncompliance Grantee’s failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Grant. E. Subgrants Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subgrants be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record Retention Period) until the last to occur of the following: (i) a period of three years after the date this Grant is completed or terminated, or (ii) final payment is made hereunder, whichever is later, or (iii) for such Page 69 of 412 Page 5 further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (the “Record Retention Period”). B. Inspection Grantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period for a period of three years following termination of this Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee’s sole expense. If the Work cannot be brought into conformance by re- performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or inequity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee’s performance hereunder. D. Final Audit Report If an audit is performed on Grantee’s records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 10. CONFIDENTIAL INFORMATION-STATE RECORDS Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records, and information concerning individuals. A. Confidentiality Grantee shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State’s principal representative. B. Notification Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State. D. Disclosure-Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the State or their respective agents. Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability Page 70 of 412 Page 6 and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to this §10. 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee’s obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the apparent conflict constitutes a breach of this Grant. 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority – Grantee and Grantee’s Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any part thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee’s authority to enter into this Grant within 15 days of receiving such request. C. Licenses, Permits, Etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 13. INSURANCE Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the “GIA”), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each Grant with Subgrantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Subgrantee’s liabilities under the GIA. Page 71 of 412 Page 7 ii. Non-Public Entities If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to Subgrantees that are not "public entities". B. Grantee and Subgrantees Grantee shall require each Grant with Subgrantees, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements substantially similar to the following: i. Worker’s Compensation Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance covering all of Grantee and Subgrantee employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Subgrantee shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with this provision. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of Grantee and Subgrantees shall be primary over any insurance or self-insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in accordance with §16 (Notices and Representatives) within seven days of Grantee’s receipt of such notice. vii. Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14. BREACH A. Defined Page 72 of 412 Page 8 In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §14(B). The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non-performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant’s terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State’s property. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. iii. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State’s damages, until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for Page 73 of 412 Page 9 excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State’s obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii. Payments If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee’s obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee’s performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State’s directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee’s performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to Grantee’s actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Demand removal of any of Grantee’s employees, agents, or Subgrantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State’s best interest. v. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State’s option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 16. NOTICES and REPRESENTATIVES Page 74 of 412 Page 10 Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Cory Amend Department of Law - POST 1300 Broadway, 9th Floor Denver, CO 80203 Email: cory.amend@coag.gov B. Grantee: City of Englewood Chief John Collins 1000 Englewood Parkway Englewood, CO 80110-2373 Email: jcollins@englewoodgov.org 17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State’s exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Grantee's obligations hereunder without the prior written consent of the State. 18. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS §24-30-1501, et seq., as amended. 19. STATEWIDE GRANT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Grant management system. Grantee’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Grantee’s performance shall be part of the normal Grant administration process and Grantee’s performance will be systematically recorded in the statewide Grant Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee’s obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee’s obligations. Such performance information shall be entered into the statewide Grant Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the Page 75 of 412 Page 11 end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel & Administration (Executive Director), upon request by the DOL, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause. 20. GENERAL PROVISIONS A. Assignment and Subgrants Grantee’s rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or subgranting without such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. B. Binding Effect Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. F. Indemnification-General Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Modification i. By the Parties Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS - TOOLS AND FORMS. ii. By Operation of Law Page 76 of 412 Page 12 This Grant is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. I. Order of Precedence The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions, ii. The provisions of the main body of this Grant, iii. Exhibit A, iv. Exhibit B, v. Exhibit C. J. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. K. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. L. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. M. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. N. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. O. CORA Disclosure To the extent not prohibited by federal law, this Grant and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et seq. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 77 of 412 Page 13 21. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all Grants except where noted in italics. A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. D. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits will be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Grant or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. Page 78 of 412 Page 14 I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee’s services and Grantee shall not employ any person having such known interests. J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Grant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate the subgrant if a Subgrantee does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101. Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this Grant. SPs Effective 1/1/09 Page 79 of 412 Page 15 22. SIGNATURE PAGE Grant Routing Number THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee’s behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE CITY OF ENGLEWOOD By: ______________________________________ Title: Chief of Police ______________________________________________ *Signature Date: _________________________ STATE OF COLORADO Cynthia H. Coffman, Attorney General By and through Colorado Attorney General’s Office Department of Law Signature By: Melanie J. Snyder, Chief of Staff Date: _________________________ ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Grants. This Grant is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Melissa Moynham, Controller Colorado Department of Law Date:_____________________ Page 80 of 412 Exhibit A1 EXHIBIT A - STATEMENT OF WORK All terms not defined in this Exhibit A shall be the meaning given in the main body of the Grant Agreement. 1. PROJECT DESCRIPTION 1.1 Work. Grantee has submitted a Grant Application (Exhibit B) to POST detailing the Work to be performed by Grantee throughout the term of this Grant. Grantee agrees to complete the Work identified in Exhibit B by the Grant termination date specified in §5(A). 2. PERSONNEL 2.1 Replacement. Grantee shall immediately notify POST if the Responsible Administrator specified in §2.2 ceases to serve. Provided there is a good-faith reason for the change, if Grantee wishes to replace its key personnel, it shall notify POST and seek its approval, which shall be at POST’s sole discretion as the State issued this Grant in part reliance on Grantee’s representation regarding key personnel. Such notice shall specify why the change is necessary, who the proposed replacement is, what their qualifications are, and when the change will take effect. Anytime key personnel cease to serve, the State, in its sole discretion may direct Grantee to suspend work on the Project until such time as their replacement is approved. 2.2 Responsible Administrator. Grantee’s performance hereunder shall be under the direct supervision of Chief John Collins an employee or agent of the Grantee, who is hereby designated as the responsible administrator of this Project. 3. BUDGET 3.1 Budget. The maximum amount payable under this Grant to Grantee by the State is $442,264.00. 3.2 Budget Flexibility. Grantee may adjust indiviudal budget line item expenditure amounts within an indiviudal training course without approval of POST, provided that, there is no increase to the administrative line items, and the cummulative budgetary line item changes do not exceed ten percent (10%) of the total budgeted amount of the line item. All other budgetary modifications shall require POST approval in accordance with the Modification subsection of the General Provisions of this Grant. The request mut be approved by POST before deviating from the current approved budget and scope of work. Requests that are not pre-approved may not be reimburseable. 4. PAYMENT 4.1 Payment. Grantee shall submit a request for reimbursement at a minimum on a calendar quarter basis. All invoices must be submitted within 60 days of the training or purchase date and no later than June 30th to be eligible for payment. All requests shall be for eligible expenses, as described in detail in Exhibit B. Requests shall be made using the Grant Management System and be accompanied by supporting documentation equal to 100% of the reimbursement request, a POST-approved Student Attendance Roster or Certificate of Completion, and a completed reimbursement form. 4.2 Final Payment. The final grant payment request must be requested no later than June 30th and shall include only actual expenses incurred prior to June 30th. Payment for training can only be approved for actual services received or performed and completed by June 30th. Page 81 of 412 Exhibit A2 Equipment purchases must be made and the receipt of the equipment must be completed by June 30th to be eligible for payment. 4.3 Electronic Fund Transfer. Payments will be remitted by electronic fund transfer. 5. ADMINISTRATIVE REQUIREMENTS 5.1 Accounting. Grantee must maintain properly segregated accounts of POST grant funds and other funds associated with the Work and make those records available to the State upon request. Grantee must have a system that classifies all revenues and expenditures by funding source. The accounting system must have an adequate method of internal controls to safeguard the funds. Expenditures must be tracked and reconciled with the general ledger. 5.2 Procurement. The grantee agrees to have procurement procedures and will document its procurement procedures and maintain the documentation in the grant records when applicable. 5.3 Grant Guidelines. The grantee agrees to develop, implement, and maintain written grant procedures or guidelines that, at a minimum identify how to access training and scholarship funds through the Region, what the Region’s allowable costs are, and any applicable rules to be followed by a Region member organization. 5.4 Region Board and By-laws. The grantee agrees to develop, implement, and maintain a Region Board representative of the Region that, at a minimum recommends how annual POST funds will be applied for and distributed throughout the Region. The Region Board shall develop, implement, and maintain written by-laws describing the role and responsibilities of the board. 5.5 Allowable Program Costs. Expenditures shall be in accordance with the approved budget detailed in Exhibit B and Sections 5-9 of the POST Law Enforcement Training Region Grant Program Guidelines. 5.6 Enrollment Management. Grantee agrees to limit enrollment for training, including the host agency, to four (4) seats, or 20% of the class size (whichever is greater) for each agency within the Region, until two (2) weeks prior to the start of training. The exception to this is when a course is held at a venue that can accommodate a large number of attendees or the class is announced to the Region within a month of its start date. 5.7 Audits. Grantee is required to submit to DOL any audit performed for any fiscal year covering a portion of the term of this Grant or any other grants/contracts with DOL. Such audits include but are not limited to a financial-statement audit or single audit in accordance with the Office of Management and Budget’s (OMB) A-133 is required when non-federal entities expend $500,000 or more in federal awards in the entity’s fiscal year. Grantee shall insure that audits required are performed and submitted to POST within 6 months of Grantee’s fiscal year-end. The final audit report shall be sent to: Department of Law Criminal Justice Section, POST Attention: Becky Calomino, Grant Manager 1300 Broadway, 9th Floor Denver, CO 80203 5.8 Reporting. Grantee shall submit the following reports, and any other reports requested by POST using the State-provided reporting forms by their due date. A report must be submitted for every calendar quarter, including partial calendar quarters, as well as for periods where no grant activity occurs. Future awards and fund draw-downs may be withheld if these reports are delinquent. Page 82 of 412 Exhibit A3 Report Period Report Type Due Date July 1st-September 30th Progress and Financial October 6th October 1st- December 31st Progress and Financial January 5th January 1st –March 31st Progress and Financial April 6th July 1st – June 30th Equipment Inventory June 30th April 1st-June 30th Final Progress and Final Financial July 6th 5.9 Reporting of Unexpended Funds. Grantee shall inform POST in writing, no later than March 31, 2018 of the status of any potential unexpended balance (cost savings). Grantees failure to notify POST of any unexpended balance may result in the reduction or termination of future awards. 5.10 Monitoring. The State shall monitor this Grant through review of submitted reports and other documents as necessary, or may also conduct on-site monitoring of the Grantee to determine whether performance goals, administrative standards, financial management and other requirements of the Grant have been met. 5.11 Mandatory Attendance. Grantee attendance at webinars and trainings conducted by POST to enhance the administration of the Grant program is required. Grantee will be notified of all such training at least 30 days in advance and shall be reimbursed by POST for per diem and lodging. 5.12 POST Acknowledgement. Grantees are encouraged to make the results and accomplishments of their project activities available to the public. All materials published or resulting from award activities, including videos must contain an acknowledgement of POST support. 5.13 Publications. The grant recipient agrees that any publications, whether written, visual or audio, but excluding press releases, newsletters and issue analysis, issued by the grantee describing training funded in whole or part shall contain the following statement: “This training was supported by a grant from the State of Colorado Office of Peace Officer Standards and Training”. 5.14 Curriculum and Instructor Review. Training courses (except for out of state training) and instructors funded by the POST Region Grant Program must be reviewed by POST and assigned a course number prior to the course start date. POST is not liable to reimburse the Grantee for classes that have not been reviewed or assigned a course code number prior to the training. Instructor programs require POST-Board Subject Matter Expert (SME)Committee approval. 5.15 Eligible Training Recipients. POST training region funds are for peace officers who are current employees of law enforcement agencies within the State of Colorado. Civilian employees, civilian employees of law enforcement agencies, federal employees or military personnel may enroll in these courses only if there are extra spaces available and no peace officers are displaced or wait listed. Civilian, federal and military personnel may not be provided POST funds for scholarships, nor may funds be used to provide refreshments or class supplies. If personnel attending classes are not peace officers the Training Region is responsible to identify those names on the attendance roster prior to submitting the roster to POST. Grantees may not include civilian, military or military personnel in their reporting numbers to POST or include them in the number of students attending in the grant management data base. Page 83 of 412 Exhibit A4 5.16 Ineligible Training Recipients: Law enforcement agencies who are suspended from receiving or attending any POST funded training may not benefit from POST-funded classes. The suspension remains in affect until December 31, 2017. The Training Region is responsible to ensure officers from these agencies are not the recipients of POST-funded training. POST is not liable to reimburse the Grantee for personnel attending classes from law enforcement agencies who are suspended from receiving or attending POST-funded training. The following law enforcement agencies are suspended from receiving or attending any POST funded training until December 31, 2017: Greater Metro Training Region North Central Training Region Northeast Training Region Commerce City Police Dept. Ault Police Dept. Wiggins Police Dept. San Luis Valley Training Region Southeast Training Region West Central Training Region Del Norte Police Dept. Baca County Sheriff’s Office Mount Crested Butte Police Dept. Granada Police Dept. Springfield Police Dept. 5.17 Equipment Report. If your grant purchased equipment a POST-Inventory Equipment Report must be submitted by June 30th each year. Equipment records must be retained for seven (7) years from the date the report is submitted to POST. If any litigation, claim or audit is started before the expiration of the seven-year period, the records shall be retained until the litigation, claims, or audit findings involving records have been resolved. 5.18 Retention of Records. All grant records must be retained for seven (7) years after the end of the state fiscal year that includes the end date of the grant. For example, if the grant ended 6/30/2015, the state fiscal year would be July 1, 2015 to June 30, 2016. The files could be destroyed after June 30, 2023. If an audit is in progress and/or the findings of a completed audit have not been resolved satisfactorily, then records must be retained beyond the seven-year period until such issues are resolved. 5.19 Grant Records. Grant records include all financial records, supporting documentation, statistical records, and all other records pertinent to the grant. These include books of original entry, source documents supporting accounting transactions, the general ledger, subsidiary ledgers, personnel and payroll records, consultant/volunteer time and activity reports, canceled checks, related documents and records. 5.20 Conflict of Interest. In addition to any other applicable laws, the provisions of this section shall apply to all POST grant agreements: The following individuals shall not solicit or accept, directly or indirectly, any personal benefit or promise of a benefit from the grant recipient or a person negotiating, doing business with, or planning, within the individual’s knowledge, to negotiate or do business with the contracting agency: Page 84 of 412 Exhibit A5 A member, or any other person or entity under contract with any governmental body that exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the project, including but not limited to any employee of the contracting agency or any person serving as the monitor of a personal services contract or a member of the immediate family of any individual described above. No individual described in paragraph (2) of this subsection shall use his or her position, influence, or information concerning such negotiations, business, or plans to benefit him or herself or another. A grant recipient shall agree that at the time of contracting the grant recipient has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the grant recipient’s services. The grant recipient shall further covenant that, in the performance of the contract, the grant recipient shall not employ persons having any such known interests. 5.21 Insurance. Grantee shall obtain and maintain insurance as specified in the grant agreement at all times during the term of the award. 5.22 Revision to Guidelines. In response to new state regulations, or to changing circumstances among law enforcement training community or to resources available to peace officers, it may, from time to time, be necessary to change the POST Region Grant Program Guidelines. Changes impacting grant recipients will be communicated prior to their implementation and will only be implemented at the beginning of a grant cycle. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 85 of 412 GMR does not currently have programComments: guidelines and policies. For FY18 POST Grant Program Guidelines will be used. REQUESTED APPROVED Training $316,505.00 $316,505.00 Equipment $11,235.00 $11,235.00 Scholarships $40,813.00 $40,813.00 Subtotal $368,553.00 $368,553.00 Grant Management $18,427.65 $18,427.65 Program Delivery $55,283.35 $55,283.35 Grant Total $442,264.00 $442,264.00 Greater Metro Training Region Application FY2017-2018 SUMMARY Exhibit B-1 Page 86 of 412 Expense Categories Requested Approved $750.00 $750.00 Refreshments $7,000.00 $7,000.00 Instructor Costs $7,750.00 $7,750.00 Total From 8/21/2017 to 8/25/2017Class Date: The Supervisory Institute is designed toDescription: provide participants with foundational information and ideas with which to build their future as law enforcement leaders. Individual modules will introduce contemporary and historical leadership theories and philosophies, strategies to improve and polish communication skills, the prevailing human resource and risk management requirements, an examination of the legal requirements for supervisors, a study of agency and individual ethics for the manager, the importance and practice of performance evaluations and a look at the role of the first line supervisor in the success of the agency. Students will be required to participate in various activities during the program to apply the principles presented. Vendor: CSOC SupervisionTraining Category: Broomfield Police DepartmentName of Facility: Broomfield , COClass Location: Broomfield Police DepartmentHosting Agency: 30Anticipated Number of Students: 40.0 hour(s)Estimated length of class: TRAINING Training 1- Supervisory Institute SV0004 Exhibit B-2 Page 87 of 412 Expense Categories Requested Approved $500.00 $500.00 Refreshments $7,000.00 $7,000.00 Instructor Costs $7,500.00 $7,500.00 Total From 9/4/2017 to 9/8/2017Class Date: A basic instructor methodology courseDescription: that complies with POST rules to prepare academy instructors. Vendor: CSOC Train the TrainerTraining Category: Arapahoe CSOName of Facility: Littleton , COClass Location: Arapahoe County Sheriff's OfficeHosting Agency: 20Anticipated Number of Students: 40.0 hour(s)Estimated length of class: Expense Categories Requested Approved $750.00 $750.00 Refreshments $7,000.00 $7,000.00 Instructor Costs $7,750.00 $7,750.00 Total From 3/12/2018 to 3/16/2018Class Date: The Supervisory Institute is designed toDescription: provide participants with foundational information and ideas with which to build their future as law enforcement leaders. Individual modules will introduce contemporary and historical leadership theories and philosophies, strategies to improve and polish communication skills, the prevailing human resource and risk management requirements, an examination of the legal requirements for supervisors, a study of agency and individual ethics for the manager, the importance and practice of performance evaluations and a look at the role of the first line supervisor in the success of the agency. Students will be required to participate in various activities during the program to apply the principles presented. Vendor: CSOC SupervisionTraining Category: Parker Police DepartmentName of Facility: Parker , COClass Location: Parker Police DepartmentHosting Agency: 30Anticipated Number of Students: 40.0 hour(s)Estimated length of class: Training 2- Supervisory Institute SV0004 Training 3-Train the Trainer ID0001 Exhibit B-3 Page 88 of 412 Expense Categories Requested Approved $500.00 $500.00 Refreshments $7,000.00 $7,000.00 Instructor Costs $7,500.00 $7,500.00 Total From 5/28/2018 to 6/1/2018Class Date: A basic instructor methodology courseDescription: that complies with POST rules to prepare academy instructors. Vendor: CSOC Train the TrainerTraining Category: Broomfiled PDName of Facility: Broomfield , COClass Location: Broomfield Police DepartmentHosting Agency: 20Anticipated Number of Students: 40.0 hour(s)Estimated length of class: Expense Categories Requested Approved $500.00 $500.00 Refreshments $7,000.00 $7,000.00 Instructor Costs $7,500.00 $7,500.00 Total From 4/23/2018 to 4/27/2018Class Date: A basic instructor methodology courseDescription: that complies with POST rules to prepare academy instructors. Vendor: CSOC Train the TrainerTraining Category: Adams CSOName of Facility: Brighton , COClass Location: Adams County Sheriff's OfficeHosting Agency: 20Anticipated Number of Students: 40.0 hour(s)Estimated length of class: Training 4- Train the Trainer ID0001 Training 5- Train the Trainer ID0001 Exhibit B-4 Page 89 of 412 Expense Categories Requested Approved $1,500.00 $1,500.00 Refreshments $8,250.00 $8,250.00 Instructor Costs $9,750.00 $9,750.00 Total From 9/5/2017 to 9/7/2017Class Date: The Crime Free Multi-HousingDescription: Programs consist of three-phases. Each phase is completed under the supervision of local law enforcement. The cornerstone of the Crime Free Multi-Housing Program is the voluntary partnership between law enforcement and the community, working together to prevent crime. Law enforcement coordinators are certified trainers of the Crime Free programs and will provide the initial program training to property staff and conduct the property survey. The third and final phase is a Safety Social with the residents, to provide them information on the program and how it works. Property owners and managers make the commitment to learn and apply the Crime Free Programs to help keep illegal activity off their rental property. This combination of resources has proven to be successful in fighting crime. Vendor: International Crime Free Assoc. OtherTraining Category: Aurora PDName of Facility: Aurora , COClass Location: Aurora Police DepartmentHosting Agency: 100Anticipated Number of Students: 24.0 hour(s)Estimated length of class: Training 6- Crime Free Multi-Housing Exhibit B-5 Page 90 of 412 Expense Categories Requested Approved $500.00 $500.00 Refreshments $7,000.00 $7,000.00 Instructor Costs $7,500.00 $7,500.00 Total From 11/13/2017 to 11/17/2017Class Date: Prepares new field training officers toDescription: participate in a legally defensible agency training program. Includes teaching skills and evaluation techniques that help the trainer and agency make field training more efficient and avoid legal liability. Vendor: CSOC SupervisionTraining Category: Adams CSO/FlatrockName of Facility: Brighton , COClass Location: Adams County Sheriff's OfficeHosting Agency: 20Anticipated Number of Students: 40.0 hour(s)Estimated length of class: Expense Categories Requested Approved $1,500.00 $1,500.00 Refreshments $8,250.00 $8,250.00 Instructor Costs $9,750.00 $9,750.00 Total From 5/8/2018 to 5/10/2018Class Date: The Crime Free Multi-HousingDescription: Programs consist of three-phases. Each phase is completed under the supervision of local law enforcement. The cornerstone of the Crime Free Multi-Housing Program is the voluntary partnership between law enforcement and the community, working together to prevent crime. Law enforcement coordinators are certified trainers of the Crime Free programs and will provide the initial program training to property staff and conduct the property survey. The third and final phase is a Safety Social with the residents, to provide them information on the program and how it works. Property owners and managers make the commitment to learn and apply the Crime Free Programs to help keep illegal activity off their rental property. This combination of resources has proven to be successful in fighting crime. Vendor: International Crime Free Assoc. OtherTraining Category: Westminster PDName of Facility: Westminster , COClass Location: Westminster Police DepartmentHosting Agency: 100Anticipated Number of Students: 24.0 hour(s)Estimated length of class: Training 7- Crime Free Multi-Housing Training 8- Field Training Officer ID0005 Exhibit B-6 Page 91 of 412 Expense Categories Requested Approved $300.00 $300.00 Refreshments $2,500.00 $2,500.00 Instructor Costs $2,800.00 $2,800.00 Total From 10/23/2017 to 10/27/2017Class Date: Basic on-scene Accident InvestigationsDescription: teaches evidence identification, collection and photography to assist other higher trained officers in accident investigations. Accident InvestigationTraining Category: Denver PDName of Facility: Denver , COClass Location: Denver Police DepartmentHosting Agency: 12Anticipated Number of Students: 40.0 hour(s)Estimated length of class: Expense Categories Requested Approved $500.00 $500.00 Refreshments $7,000.00 $7,000.00 Instructor Costs $7,500.00 $7,500.00 Total From 3/5/2018 to 3/9/2018Class Date: Prepares new field training officers toDescription: participate in a legally defensible agency training program. Includes teaching skills and evaluation techniques that help the trainer and agency make field training more efficient and avoid legal liability. Vendor: CSOC SupervisionTraining Category: Broomfield PDName of Facility: Broomfield , COClass Location: Broomfield Police DepartmentHosting Agency: 20Anticipated Number of Students: 40.0 hour(s)Estimated length of class: Training 9- Field Training Officer ID0005 Training 10- Accident Investigation Level I TA0030 Exhibit B-7 Page 92 of 412 Expense Categories Requested Approved $1,000.00 $1,000.00 Refreshments $7,500.00 $7,500.00 Instructor Costs $8,500.00 $8,500.00 Total From 4/16/2018 to 4/27/2018Class Date: TBDDescription: Accident InvestigationTraining Category: Aurora PDName of Facility: Aurora , COClass Location: Aurora Police DepartmentHosting Agency: 20Anticipated Number of Students: 80.0 hour(s)Estimated length of class: Expense Categories Requested Approved $1,000.00 $1,000.00 Refreshments $5,000.00 $5,000.00 Instructor Costs $6,000.00 $6,000.00 Total From 1/15/2018 to 1/26/2018Class Date: Level II Accident Investigations classDescription: teaches the physic of traffic accidents and the math formulas to determine speeds of vehicles. This course also teaches the time/distance formula to determine the position of the vehicles leading up to the crash. Accident InvestigationTraining Category: Denver PDName of Facility: Denver , COClass Location: Denver Coroner's OfficeHosting Agency: 20Anticipated Number of Students: 80.0 hour(s)Estimated length of class: Training 11- Accident Investigation Level II TA0028 Training 12- Accident Investigation Level III Exhibit B-8 Page 93 of 412 Expense Categories Requested Approved $150.00 $150.00 Refreshments $4,000.00 $4,000.00 Instructor Costs $4,150.00 $4,150.00 Total 8/14/2017Class Date: This reality-based training familiarizesDescription: participants with a basic overview of communication and verbal de-escalation theory and practice as well as a synopsis of mental health awareness. Participants learn to implement key concepts of conflict management, communication and de-escalation skills and strategies. The class addresses special populations by presenting an overview of clusters of observable signs and symptoms pertaining to a selection of mental illnesses. Students learn to identify, understand, and respond to commonly encountered signs and symptoms of mental illnesses and substance-use disorders. Training Goals include: • Understand the communication system presented in the class. • Understand the PERF decision-making model. • Become familiar with critical thinking skills to safely de-escalate and manage escalated situations. • Identify commonly encountered signs and symptoms of mental illnesses and substance-use disorders. Vendor: CWorx Training-Joe Cassa OtherTraining Category: Wheat Ridge PDName of Facility: Wheat Ridge , COClass Location: Wheat Ridge Police DepartmentHosting Agency: 30Anticipated Number of Students: 8.0 hour(s)Estimated length of class: Training 13- Verbal De-Escelation Exhibit B-9 Page 94 of 412 Expense Categories Requested Approved $150.00 $150.00 Refreshments $4,000.00 $4,000.00 Instructor Costs $4,150.00 $4,150.00 Total 3/6/2018Class Date: This reality-based training familiarizesDescription: participants with a basic overview of communication and verbal de-escalation theory and practice as well as a synopsis of mental health awareness. Participants learn to implement key concepts of conflict management, communication and de-escalation skills and strategies. The class addresses special populations by presenting an overview of clusters of observable signs and symptoms pertaining to a selection of mental illnesses. Students learn to identify, understand, and respond to commonly encountered signs and symptoms of mental illnesses and substance-use disorders. Training Goals include: • Understand the communication system presented in the class. • Understand the PERF decision-making model. • Become familiar with critical thinking skills to safely de-escalate and manage escalated situations. • Identify commonly encountered signs and symptoms of mental illnesses and substance-use disorders. Vendor: CWorx Training-Joe Cassa OtherTraining Category: Douglas CSOName of Facility: Castle Rock , COClass Location: Douglas County Sheriff's OfficeHosting Agency: 30Anticipated Number of Students: 8.0 hour(s)Estimated length of class: Training 14- Verbal De-Escelation Exhibit B-10 Page 95 of 412 Expense Categories Requested Approved $625.00 $625.00 Refreshments $12,375.00 $12,375.00 Instructor Costs $13,000.00 $13,000.00 Total From 2/19/2018 to 2/23/2018Class Date: This Technical Surveillance OperationsDescription: Class, hosted by Tactical Technologies, Inc., and the Middle-Atlantic, Great Lakes Organized Crime Law Enforcement Network (MAGLOCLEN), is designed to educate attendees in the areas of electronics and surveillance operations. This includes hands-on practical exercises involving the use of audio and video equipment from different manufacturers. Attendees will become familiar with the most current technology used in the field today. Participants are also encouraged to bring any of their own equipment on which they might need to be trained. Vendor: Tactical Technologies Inc. OtherTraining Category: Jefferson CSOName of Facility: Golden , COClass Location: Jefferson County Sheriff's OfficeHosting Agency: 25Anticipated Number of Students: 40.0 hour(s)Estimated length of class: Training 15- Technical Surveilance Operations Exhibit B-11 Page 96 of 412 Expense Categories Requested Approved $687.50 $687.50 Refreshments $9,500.00 $9,500.00 Instructor Costs $10,187.50 $10,187.50 Total From 10/9/2017 to 10/13/2017Class Date: The primary reason for the existence ofDescription: any investigator, whether in the criminal, loss prevention, personnel, intelligence, safety, or private investigation field, is to gather information. The success of the investigator is directly related to his ability to conduct effective interviews and interrogations. In 1975, the Rand Corporation concluded through research that the single most important factor directly affecting the outcome of any investigation was the quality of information obtained from the witness or victim of the event. It is reasonable, therefore, to also believe that the proper interview and interrogation of possible suspects has an equal, if not greater, effect on the success of an investigation. The concept of interviewing held by many investigators is that it appears to be a skill one is possibly born with and is something that cannot be taught. It would also seem that interview and interrogation is viewed as a method of merely following a list of questions presented in some disciplined and structured manner with little or no variation. In reviewing current, as well as dated texts and articles, the new interviewer is led to believe that interview and interrogation is also merely an exercise in asking the "who, what, where, when, and how" that are routinely used in reporting. All such concepts appear to ignore the fact that human behavior, not to mention human interpersonal communication, is complex and multifaceted, and that neither can be approached in a restrictive, structured manner. Vendor: PATC Interview and InterrogationTraining Category: Jefferson CSOName of Facility: Golden , COClass Location: Jefferson County Sheriff's OfficeHosting Agency: 55Anticipated Number of Students: 20.0 hour(s)Estimated length of class: Training 16- Interview & Interrogation Exhibit B-12 Page 97 of 412 Expense Categories Requested Approved $687.50 $687.50 Refreshments $9,500.00 $9,500.00 Instructor Costs $10,187.50 $10,187.50 Total From 3/26/2018 to 3/30/2018Class Date: The primary reason for the existence ofDescription: any investigator, whether in the criminal, loss prevention, personnel, intelligence, safety, or private investigation field, is to gather information. The success of the investigator is directly related to his ability to conduct effective interviews and interrogations. In 1975, the Rand Corporation concluded through research that the single most important factor directly affecting the outcome of any investigation was the quality of information obtained from the witness or victim of the event. It is reasonable, therefore, to also believe that the proper interview and interrogation of possible suspects has an equal, if not greater, effect on the success of an investigation. The concept of interviewing held by many investigators is that it appears to be a skill one is possibly born with and is something that cannot be taught. It would also seem that interview and interrogation is viewed as a method of merely following a list of questions presented in some disciplined and structured manner with little or no variation. In reviewing current, as well as dated texts and articles, the new interviewer is led to believe that interview and interrogation is also merely an exercise in asking the "who, what, where, when, and how" that are routinely used in reporting. All such concepts appear to ignore the fact that human behavior, not to mention human interpersonal communication, is complex and multifaceted, and that neither can be approached in a restrictive, structured manner. Vendor: PATC Interview and InterrogationTraining Category: Arapahoe CSOName of Facility: Littleton , COClass Location: Arapahoe County Sheriff's OfficeHosting Agency: 55Anticipated Number of Students: 20.0 hour(s)Estimated length of class: Training 17- Interview & Interrogation Exhibit B-13 Page 98 of 412 Expense Categories Requested Approved $750.00 $750.00 Refreshments $10,900.00 $10,900.00 Instructor Costs $11,650.00 $11,650.00 Total From 9/18/2017 to 9/22/2017Class Date: Cities and Counties throughout theDescription: country are adopting CPTED ordinances requiring site plan reviews with crime prevention in mind. Law enforcement officers who are specially trained in CPTED are now working closely with Planners, Architects, City Officials, and Educators to ensure the proper design of structures, schools, and neighborhoods. Participants will learn how the design and use of the environment can control human / criminal behavior and reduce the fear of crime. They will learn crime prevention through natural means. How natural access control and natural surveillance decrease the opportunity for crime. Participants will learn the different aspects of lighting and its effects on human behavior. Participants will work together on a site survey and provide a group presentation of their results utilizing CPTED strategies. They will learn the advantages of having a CPTED ordinance and how to construct and present it to lawmakers Vendor: National Institute of Crime Prevention MiscellaneousTraining Category: Aurora PDName of Facility: Aurora , COClass Location: Aurora Police DepartmentHosting Agency: 30Anticipated Number of Students: 40.0 hour(s)Estimated length of class: Training 18- Crime Prevention Through Environmental Design CP0003 Exhibit B-14 Page 99 of 412 Expense Categories Requested Approved $450.00 $450.00 Refreshments $8,900.00 $8,900.00 Instructor Costs $9,350.00 $9,350.00 Total From 11/13/2017 to 11/15/2017Class Date: Cities and Counties throughout theDescription: country are adopting CPTED ordinances requiring site plan reviews with crime prevention in mind. Law enforcement officers who are specially trained in CPTED are now working closely with Planners, Architects, City Officials, and Educators to ensure the proper design of structures, schools, and neighborhoods. Participants will learn how the design and use of the environment can control human / criminal behavior and reduce the fear of crime. They will learn crime prevention through natural means. How natural access control and natural surveillance decrease the opportunity for crime. Participants will learn the different aspects of lighting and its effects on human behavior. Participants will work together on a site survey and provide a group presentation of their results utilizing CPTED strategies. They will learn the advantages of having a CPTED ordinance and how to construct and present it to lawmakers Vendor: National Institute of Crime Prevention MiscellaneousTraining Category: Aurora PDName of Facility: Aurora , COClass Location: Aurora Police DepartmentHosting Agency: 30Anticipated Number of Students: 24.0 hour(s)Estimated length of class: Training 19- Advanced Crime Prevention Through Environmental Design Exhibit B-15 Page 100 of 412 Expense Categories Requested Approved $180.00 $180.00 Refreshments $10,000.00 $10,000.00 Instructor Costs $10,180.00 $10,180.00 Total From 5/14/2018 to 5/16/2018Class Date: The Simunition Safety CertificationDescription: Course is designed to prepare Certified Firearms Instructors to safely use FX Marking Cartridges, Weapon Conversion Kits and Protective Equipment. The Simunition Training System gives firearms instructors the ability to conduct safe training practically anywhere, indoors or out. FX® Marking Cartridges can be utilized for firearm familiarization, malfunction/transition drills, magazine changes, shoot don’t shoot situations, utilization of cover, off-hand shooting, firing on the move and team shooting drills. Vendor: Simunition OtherTraining Category: Northglenn PDName of Facility: Northglenn , COClass Location: Northglenn Police DepartmentHosting Agency: 12Anticipated Number of Students: 24.0 hour(s)Estimated length of class: Expense Categories Requested Approved $180.00 $180.00 Refreshments $10,000.00 $10,000.00 Instructor Costs $10,180.00 $10,180.00 Total From 11/13/2017 to 11/15/2017Class Date: The Simunition Safety CertificationDescription: Course is designed to prepare Certified Firearms Instructors to safely use FX Marking Cartridges, Weapon Conversion Kits and Protective Equipment. The Simunition Training System gives firearms instructors the ability to conduct safe training practically anywhere, indoors or out. FX® Marking Cartridges can be utilized for firearm familiarization, malfunction/transition drills, magazine changes, shoot don’t shoot situations, utilization of cover, off-hand shooting, firing on the move and team shooting drills. Vendor: Simunition OtherTraining Category: Parker PDName of Facility: Parker , COClass Location: Parker Police DepartmentHosting Agency: 12Anticipated Number of Students: 24.0 hour(s)Estimated length of class: Training 20- Simmunition Train the Trainer Training 21- Simmunition Train the Trainer Exhibit B-16 Page 101 of 412 Expense Categories Requested Approved $150.00 $150.00 Refreshments $4,000.00 $4,000.00 Instructor Costs $4,150.00 $4,150.00 Total 3/26/2018Class Date: ’Winning the Battle’ is not a seminarDescription: on police or military suicide but an emotional day of addressing the bi-products of police and military stress that when untreated or ignored, can and quite often do, result in suicide. We address Depression/PTSD/Cumulative Stress, Progression of Stress, Perception Protection, Spousal & Family involvement, Officer Involved Domestic Violence, Stress & Women in Law Enforcement and Suicide/Prevention.This is not a depressing day but a motivational one. Most hosting agencies re-book for another presentation within 2-3 years. Vendor: Pain Behind the Badge OtherTraining Category: Denver PDName of Facility: Denver , COClass Location: Denver Police DepartmentHosting Agency: 30Anticipated Number of Students: 8.0 hour(s)Estimated length of class: Expense Categories Requested Approved $150.00 $150.00 Refreshments $4,000.00 $4,000.00 Instructor Costs $4,150.00 $4,150.00 Total 9/18/2017Class Date: ’Winning the Battle’ is not a seminarDescription: on police or military suicide but an emotional day of addressing the bi-products of police and military stress that when untreated or ignored, can and quite often do, result in suicide. We address Depression/PTSD/Cumulative Stress, Progression of Stress, Perception Protection, Spousal & Family involvement, Officer Involved Domestic Violence, Stress & Women in Law Enforcement and Suicide/Prevention.This is not a depressing day but a motivational one. Most hosting agencies re-book for another presentation within 2-3 years. Vendor: Pain Behind the Badge Stress ManagementTraining Category: NorthglennName of Facility: Northglenn , COClass Location: Northglenn Police DepartmentHosting Agency: 30Anticipated Number of Students: 8.0 hour(s)Estimated length of class: Training 22- Pain Behind the Badge Training 23- Pain Behind the Badge Exhibit B-17 Page 102 of 412 Expense Categories Requested Approved $500.00 $500.00 Refreshments $17,000.00 $17,000.00 Instructor Costs $17,500.00 $17,500.00 Total From 10/16/2017 to 10/20/2017Class Date: The Crisis Intervention Teams (CIT)Description: model was developed in 1988 in Memphis, Tennessee, as a partnership between the police department, advocacy groups and treatment providers for people with mental illness, and other community stakeholders to manage crisis situations involving mentally ill subjects. Since that time, many law enforcement agencies have adopted the program and have realized significant benefits in their communities through dramatic declines in injury rates among both citizens and police officers, decreased utilization of the SWAT team to resolve crisis situations and the diversion of people with mental illness from incarceration to community-based mental health services. The goals of CIT are to train law enforcement officers in the recognition of mental illness, to enhance their verbal crisis de-escalation skills, and to provide more streamlined access to community-based mental health services. By engaging mental health consumers with appropriate community supports, the well-being of the individual and the safety of the community can both be enhanced. To that end, this class will include site visits to mental health service providers in the local community to help officers and deputies learn what services are available for people they contact who have mental illness, and to provide community re-entry services for people getting ready to leave jail. Vendor: CSOC CITTraining Category: Golden PDName of Facility: Golden , COClass Location: Golden Police DepartmentHosting Agency: 20Anticipated Number of Students: 40.0 hour(s)Estimated length of class: Training 24- Crisis Intervention Training Exhibit B-18 Page 103 of 412 Expense Categories Requested Approved $600.00 $600.00 Refreshments $5,200.00 $5,200.00 Instructor Costs $5,800.00 $5,800.00 Total From 4/30/2018 to 5/2/2018Class Date: How to be an Effective Peer Supporter,Description: Managing a High Risk Relationships. Ethical and Confidentiality Issues in Peer Support, Suicide and Suicide Prevention. Overview of Mental Health Issues, Grief and Loss, Death Notifications. Stress Management, Substance and Abuse Addictions. Issues Related to Family and Children, Counseling and Listening Skills. Anger Management. Vendor: Nicoletti-Flater Stress ManagementTraining Category: Englewood PDName of Facility: Englewood , COClass Location: Englewood Police DepartmentHosting Agency: 24Anticipated Number of Students: 40.0 hour(s)Estimated length of class: Training 25- Peer Support SM0016 Exhibit B-19 Page 104 of 412 Expense Categories Requested Approved $1,000.00 $1,000.00 Refreshments $15,500.00 $15,500.00 Instructor Costs $16,500.00 $16,500.00 Total From 9/18/2017 to 9/19/2017Class Date: This program, created and instructedDescription: exclusively by the Force Science Institute, is designed to clearly present, in a practical and understandable fashion, the results of the most cutting edge research into the dynamics of human behavior during life-threatening encounters. The class will explore Force Science, the application of unbiased scientific principles and processes in repetitive physical experiments designed to determine the true nature of suspect provocation and officer response (action-reaction dynamics). The goal of the program is to encourage law enforcement professionals to apply the important concepts revealed in this research when investigating, reconstructing, recalling or otherwise analyzing a use of force. The integration of this information has been proven to enhance the accuracy and thoroughness of decisions made relative to behavior and performance during the incident. The Force Science Institute uses sophisticated time-and-motion measurements to document—often for the first time—critical hidden truths about the physical and mental dynamics of life-threatening events, particularly officer-involved shootings. Its startling findings profoundly impact officer training and safety, and the public’s naive perceptions. In fact, the Institute’s findings have been directly credited with saving officer lives on the street and with preventing some officers from going to prison after being wrongly accused of criminally using deadly force. Vendor: Force Science Institute Street SurvivalTraining Category: Westminster PDName of Facility: Westminster , COClass Location: Westminster Police DepartmentHosting Agency: 100Anticipated Number of Students: 16.0 hour(s)Estimated length of class: Training 26- Force Science IV0069 Exhibit B-20 Page 105 of 412 Expense Categories Requested Approved $1,000.00 $1,000.00 Refreshments $15,500.00 $15,500.00 Instructor Costs $16,500.00 $16,500.00 Total From 4/9/2018 to 4/13/2018Class Date: This program, created and instructedDescription: exclusively by the Force Science Institute, is designed to clearly present, in a practical and understandable fashion, the results of the most cutting edge research into the dynamics of human behavior during life-threatening encounters. The class will explore Force Science, the application of unbiased scientific principles and processes in repetitive physical experiments designed to determine the true nature of suspect provocation and officer response (action-reaction dynamics). The goal of the program is to encourage law enforcement professionals to apply the important concepts revealed in this research when investigating, reconstructing, recalling or otherwise analyzing a use of force. The integration of this information has been proven to enhance the accuracy and thoroughness of decisions made relative to behavior and performance during the incident. The Force Science Institute uses sophisticated time-and-motion measurements to document—often for the first time—critical hidden truths about the physical and mental dynamics of life-threatening events, particularly officer-involved shootings. Its startling findings profoundly impact officer training and safety, and the public’s naive perceptions. In fact, the Institute’s findings have been directly credited with saving officer lives on the street and with preventing some officers from going to prison after being wrongly accused of criminally using deadly force. Vendor: Force Science Institute Street SurvivalTraining Category: Arapahie CSOName of Facility: Littleton , COClass Location: Arapahoe County Sheriff's OfficeHosting Agency: 100Anticipated Number of Students: 16.0 hour(s)Estimated length of class: Training 27- Force Science IV0069 Exhibit B-21 Page 106 of 412 Expense Categories Requested Approved $230.00 $230.00 Refreshments $4,700.00 $4,700.00 Instructor Costs $4,930.00 $4,930.00 Total From 5/21/2018 to 5/25/2018Class Date: Patrol Supervisors response to criticalDescription: incidents. This course filled very quickly again this year as a favorite for departments to get patrol supervisors very good training in two days Vendor National Tactical Officers Association SupervisionTraining Category: Lakewood PDName of Facility: Lakewood , COClass Location: Lakewood Police DepartmentHosting Agency: 23Anticipated Number of Students: 16.0 hour(s)Estimated length of class: Expense Categories Requested Approved $230.00 $230.00 Refreshments $4,700.00 $4,700.00 Instructor Costs $4,930.00 $4,930.00 Total From 9/4/2017 to 9/8/2017Class Date: Patrol Supervisors response to criticalDescription: incidents. This course filled very quickly again this year as a favorite for departments to get patrol supervisors very good training in two days Vendor: National Tactical Officers Association SupervisionTraining Category: Adams CSOName of Facility: Brighton , COClass Location: Adams County Sheriff's OfficeHosting Agency: 23Anticipated Number of Students: 16.0 hour(s)Estimated length of class: Training 28- Critical Response for Supervisors SV0043 Training 29- Critical Response for Supervisors SV0043 Exhibit B-22 Page 107 of 412 Expense Categories Requested Approved $525.00 $525.00 Refreshments $11,000.00 $11,000.00 Instructor Costs $11,525.00 $11,525.00 Total From 9/25/2017 to 9/28/2017Class Date: The FBI-LEEDA Supervisor LeadershipDescription: Institute is a cutting edge 4 1/2-day program built especially for first-line supervisors and middle managers with the goal of enhancing their leadership competencies. The Supervisor Leadership Institute faculty members are senior law enforcement leaders who are committed to passing on their lessons learned. Attendees will be engaged in personality diagnostics, leadership case studies, mentoring, developing your people, performance management, risk management and credibility. This institute is student-centered and rich in facilitated dialogue and group work. Vendor: FBI LEEDA SupervisionTraining Category: Broomfield PDName of Facility: Broomfield , COClass Location: Broomfield Police DepartmentHosting Agency: 30Anticipated Number of Students: 36.0 hour(s)Estimated length of class: Training 30- Supervisory Leadership Institute SV0041 Exhibit B-23 Page 108 of 412 Expense Categories Requested Approved $525.00 $525.00 Refreshments $11,000.00 $11,000.00 Instructor Costs $11,525.00 $11,525.00 Total From 2/5/2018 to 2/8/2018Class Date: This innovative program is designed forDescription: executive level law enforcement leaders and focuses on the emerging challenges facing our profession. This highly-interactive program follows the FBI-LEEDA "Cops Talking to Cops" model of professional development. The seminar uses a wide range of source material and calls upon participants' own professional experiences to facilitate individual development and learning. Vendor: FBI LEEDA OtherTraining Category: Lonetree PD*Name of Facility: Lonetree , COClass Location: Lone Tree Police DepartmentHosting Agency: 30Anticipated Number of Students: 36.0 hour(s)Estimated length of class: Expense Categories Requested Approved $525.00 $525.00 Refreshments $11,000.00 $11,000.00 Instructor Costs $11,525.00 $11,525.00 Total From 12/4/2017 to 12/7/2017Class Date: The FBI·LEEDA CommandDescription: Leadeership Institute is a dynamic, intensive and challenging 4 1/2-day program specifically and uniquely designed to prepare law enforcement leade for command level positions. The Command Leadership lnsmute's focus is to provide real life contemporary, best-practice strategies and techniques for those aspiring to command level assignments. Command Institute faculty members are passionate instructors who have executive level law enforcement and teadership experience. Command Leadership Institute students will be engaged in such topics as credibility, command discipline and liability, dealing with problem employees, and leading change within an organization. The Command Leadership Institute is student-centered with a high degree of student involvement. Vendor: FBI LEEDA SupervisionTraining Category: Lakewood PDName of Facility: Lakewood , COClass Location: Lakewood Police DepartmentHosting Agency: 30Anticipated Number of Students: 36.0 hour(s)Estimated length of class: Training 31- Command Leadership Institute SV0042 Training 32- Executive Leadership Institute SV0014 Exhibit B-24 Page 109 of 412 Expense Categories Requested Approved $480.00 $480.00 Refreshments $3,800.00 $3,800.00 Instructor Costs $4,280.00 $4,280.00 Total From 5/21/2018 to 5/24/2018Class Date: Topics covered: A Brief History ofDescription: Public Safety Cycling, Basic Nutrition, Basic Physical Fitness, Bicycle Maintenance and Repairs, Bicycle Safety Education for Children, Bicycles Clothing and Personal Protective Equipment, Cycling at Night, Firearms Training, Fundamental Cycling Skills and Vehicular Cycling, Hazards and Crashes, On-Bike Equipment, Patrol Equipment, Patrol Procedures and Tactics, The Bicycle Response Team, Armed Felon-Possible Foot Pursuit, Burglary-in-Progress, Emotionally Disturbed Person, Terry Stop of Suspicious Person (Non-Arrest), and Traffic Stop (Moving Violation). Vendor: International Police Mountain Bike Association (IPMBA) Bike TrainingTraining Category: Westminster PDName of Facility: Westminster , COClass Location: Westminster Police DepartmentHosting Agency: 24Anticipated Number of Students: 32.0 hour(s)Estimated length of class: Training 33- IPMBA-Police Cyclist OT0043 Exhibit B-25 Page 110 of 412 Expense Categories Requested Approved $875.00 $875.00 Refreshments $3,500.00 $3,500.00 Instructor Costs $4,375.00 $4,375.00 Total From 4/23/2018 to 4/27/2018Class Date: Jefferson County DA's Office hosts andDescription: trains new detectives on the proper ways to investigate and file a case with the District Attorneys office Vendor: Jeffco DA's Office Basic Detective SchoolTraining Category: Jefferson CSOName of Facility: Golden , COClass Location: Jefferson County Sheriff's OfficeHosting Agency: 35Anticipated Number of Students: 40.0 hour(s)Estimated length of class: Expense Categories Requested Approved $480.00 $480.00 Refreshments $3,800.00 $3,800.00 Instructor Costs $4,280.00 $4,280.00 Total From 5/28/2018 to 5/31/2018Class Date: Topics covered: A Brief History ofDescription: Public Safety Cycling, Basic Nutrition, Basic Physical Fitness, Bicycle Maintenance and Repairs, Bicycle Safety Education for Children, Bicycles Clothing and Personal Protective Equipment, Cycling at Night, Firearms Training, Fundamental Cycling Skills and Vehicular Cycling, Hazards and Crashes, On-Bike Equipment, Patrol Equipment, Patrol Procedures and Tactics, The Bicycle Response Team, Armed Felon-Possible Foot Pursuit, Burglary-in-Progress, Emotionally Disturbed Person, Terry Stop of Suspicious Person (Non-Arrest), and Traffic Stop (Moving Violation). Vendor: International Police Mountain Bike Association (IPMBA) Bike TrainingTraining Category: Aurora PDName of Facility: Aurora , COClass Location: Aurora Police DepartmentHosting Agency: 24Anticipated Number of Students: 32.0 hour(s)Estimated length of class: Training 34- IPMBA-Police Cyclist OT0043 Training 35- New Detective Academy IV0031 Exhibit B-26 Page 111 of 412 Expense Categories Requested Approved $500.00 $500.00 Training Supplies $200.00 $200.00 Refreshments $1,200.00 $1,200.00 Instructor Costs $1,900.00 $1,900.00 Total From 3/5/2018 to 3/6/2018Class Date: This class will cover basic crime sceneDescription: investigation and evidence preservation. Crime Scene InvestigationTraining Category: Jefferson CSOName of Facility: Golden , COClass Location: Jefferson County Sheriff's OfficeHosting Agency: 20Anticipated Number of Students: 16.0 hour(s)Estimated length of class: Expense Categories Requested Approved $200.00 $200.00 Refreshments $10,000.00 $10,000.00 Instructor Costs $10,200.00 $10,200.00 Total From 8/17/2017 to 8/18/2017Class Date: The Single Officer Response to anDescription: Active Shooter program has been developed to provide officers options to either interdict or interrupt an active shooter. It is a Colorado POST certified course and it is a required portion of the Colorado POST School Resource Officer Curriculum. After successful completion of this course the student will be well versed in reading and manipulating the environment, understanding and gathering information, and employ effective tactics to save lives in an active shooter incident. The mindset and tactics taught in this course will give the student confidence that they can move to an active shooter quickly and safely and interdict through glass if necessary. This class includes classroom lecture, weapons retention, live range drills to include shooting through glass and force on force practicals. All principals and tactics are supported through force on force training. Vendor: Centurio Training & Consulting LLC. OtherTraining Category: ArvadaName of Facility: Arvada , COClass Location: Arvada Police DepartmentHosting Agency: 20Anticipated Number of Students: 16.0 hour(s)Estimated length of class: Training 36- Single Officer Response SS0003 Training 37- Crime Scene Investigations Exhibit B-27 Page 112 of 412 Expense Categories Requested Approved $500.00 $500.00 Refreshments $2,800.00 $2,800.00 Instructor Costs $3,300.00 $3,300.00 Total From 4/16/2018 to 4/17/2018Class Date: High in Plain Sight covers such topicsDescription: as: Alcohol/drug clothing, signs and symptoms, Alcoholic energy drinks and alcopops, Non-traditional alcoholic beverages, Synthetic drugs (including opioids), Popular party drugs, E-cigarettes, Inhalants, Concentrates, OTC drugs, Alcohol/drug containers and concealment methods, Drug paraphernalia, Drug-related music and groups, New alcohol/drug-related technology, Youth party tendencies, Party games, Social networking sites. Vendor: Tall Cop Says Stop OtherTraining Category: LakewoodName of Facility: Lakewood , COClass Location: Lakewood Police DepartmentHosting Agency: 100Anticipated Number of Students: 8.0 hour(s)Estimated length of class: Expense Categories Requested Approved $300.00 $300.00 Refreshments $6,000.00 $6,000.00 Instructor Costs $6,300.00 $6,300.00 Total From 9/13/2017 to 9/14/2017Class Date: Sex Offenders: What Investigators andDescription: Child Advocates Should Know Selection, Engagement and Seduction of Children and Adults by Child Molesters Protecting our Children: “Advice From Child Molesters” A Child Safety and Crime Prevention Program What Sex Offenders Can Teach Us About Interviewing Vendor: Cory Jewell Jensen OtherTraining Category: Lakewood PDName of Facility: Lakewood , COClass Location: Lakewood Police DepartmentHosting Agency: 30Anticipated Number of Students: 16.0 hour(s)Estimated length of class: Training 38- What Child Sex Offenders Can Teach You Training 39- High in Plain Sight: Current Alcohol, Drug and Concealment Trends and Identifiers Exhibit B-28 Page 113 of 412 Expense Categories Requested Approved $175.00 $175.00 GMR web site hostingDescription: MiscellaneousEquipment Category: Expense Categories Requested Approved $1,200.00 $1,200.00 TI simulator warrantyDescription: OtherEquipment Category: Expense Categories Requested Approved $9,500.00 $9,500.00 Annual cost of Driving SimulatorDescription: Insurance, Tags and warranty MiscellaneousEquipment Category: Expense Categories Requested Approved $360.00 $360.00 GoToMeeting software to facilitateDescription: phone participation for meetings. MiscellaneousEquipment Category: EQUIPMENT Equipment 1- GoToMeeting Software Equipment 2-Driving Simulator Insurance, Tags & Warranty Equipment 3- TI Simulator Insurance Equipment 4- GMR Website Hosting Exhibit B-29 Page 114 of 412 Expense Categories Requested Approved $40,813.00 $40,813.00 Tuition/Registration $40,813.00 $40,813.00 Total General scholarships for classes thatDescription: are not hosted in region or are identified throughout the year. SCHOLARSHIP Scholarship 1-General Scholarships Exhibit B-30 Page 115 of 412 Exhibit C-1 EXHIBIT C - GRANT FUNDING CHANGE LETTER (OPTION LETTER) GRANT FUNDING CHANGE LETTER (GRANTEE NAME) Date: Original Contract CMS #: Grant Funding Change Letter # CMS Routing # TO: Grantee Name: In accordance with Section 7 of the Original Contract between the State of Colorado, on behalf and through the Department of Law, and (Grantee Name) beginning (Effective Date) and ending on (Termination Date) the undersigned commits the following funds to the Grant: The amount of grant funds available and specified in Section 7 are increased $(Amount) to a new total funds available of $ (Amount) for law enforcement training. Amount Project Description $ Section 7. A is hereby modified accordingly. This Grant Funding Change Letter does not constitute an order for services under this Grant. The effective date of hereof is upon approval of the State Controller or (Date) whichever is later. STATE OF COLORADO John W. Hickenlooper, Governor by and through the DEPARTMENT OF LAW By:_________________________________________ Melanie J. Snyder, Chief of Staff Date: _________________________ ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State contracts. This Grant Funding Change Letter is not valid until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ____________________________________ Melissa Moynham, Controller Date: __________________ Page 116 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Building Division DATE: July 3, 2017 SUBJECT: Amendments to the Mechanical Code DESCRIPTION: Amendments to the Mechanical Code RECOMMENDATION: Staff recommends that City Council approve a Bill for an Ordinance amending Title 8, Chapter 2, Article B of the Englewood Municipal Code 2000 pertaining to the Mechanical Code. PREVIOUS COUNCIL ACTION: The adoption of the International Mechanical Code was reviewed by City Council at the June 5, 2017 study session. City Council passed a bill for an ordinance on June 19, 2017. SUMMARY: The City of Englewood has adopted the Uniform Building Codes and subsequent updates as the model construction codes for the City since 1971. Per the Intergovernmental Agreement by and between the City of Englewood and the City of Denver, "Englewood agrees to adopt within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fire Codes and to adopt any subsequent versions of the building and fire codes with six (6) months of Denver's adoption of said subsequent versions of said codes." In the spirit of interlocal cooperation, Englewood's proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief. The Chief Building Official for the City of Englewood has thoroughly reviewed the International Mechanical Code and recommends adoption with certain exceptions, modifications and amendments. FINANCIAL IMPLICATIONS: The costs associated with the adoption of the most current code cycle would be the purchase of revised code books. The estimated amount is approximately $500 and has been funded in the 2017 Community Development Department budget. Page 117 of 412 ATTACHMENTS: Ordinance Page 118 of 412 1 BY AUTHORITY ORDINANCE NO.____ COUNCIL BILL NO. 34 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER YATES AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE B, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL MECHANICAL CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, the City of Englewood has adopted Uniform Building Codes, and subsequent updates as promulgated by the publisher, as the model construction codes for the City since 1971; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fires Codes and to adopt any subsequent versions of the building and fire codes within six (6) months of Denver’s adoption of said subsequent versions of said codes.”; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees not to adopt any laws or amendments to said codes that conflict with or are materially inconsistent with the applicable uniform building and fire codes without obtaining the prior, written approval of the Denver Fire Chief (which approval will not be unreasonably withheld); WHEREAS, the Chief Building Official for the City of Englewood has determined that none of the proposed amendments to the International Mechanical Code, 2015, conflict with or are materially inconsistent with the applicable uniform building and fire codes; WHEREAS, in the spirit of interlocal cooperation, Englewood’s proposed modifications to the Building and associated safety codes have been forwarded to the Denver Fire Chief; and WHEREAS, the Chief Building Official for the City of Englewood has thoroughly reviewed the International Mechanical Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Page 119 of 412 2 Section 1. Adoption of the International Mechanical Code, 2015 Edition, as the Mechanical Building Code, with certain additions and deletions. There is hereby adopted by reference by the City of Englewood, Colorado, for the purpose of establishing standards for the safety, health, and public welfare, the International Mechanical Code, 2015 Edition, as the Mechanical Building Code, as published by the International Code Council, 4051 Flossmoor Road Country Club Hills, IL 60478, and such amendments and appendices as set forth as set forth Title 8, Chapter 2, Article B shall be amended as follows: 8-2B-1: CODE ADOPTED: There is hereby adopted, by reference thereto, the International Mechanical Code 2015 Edition, in its entirety including errata updates, published as part of the Code, by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, subject to the exceptions, modifications and amendments set forth in Section 8-2B-2 of this Article. The City Clerk shall maintain a copy o f the Code and errata updates which will be available for inspection during regular business hours. 8-2B-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made to the provisions of the International Mechanical Code 2015, hereinabove adopted: A. CHAPTER 1. ADMINISTRATION. 1. 101.1 Title. (Insert the following) These regulations shall be known as the Mechanical Code of the City of Englewood, hereinafter referred to as “this Code”. 2. 106.5.2 Permit Fee Schedule. (Add the following) Refer to Section 109.2 of the amended Building Code of the City of Englewood for requirements of this Section. 3. 106.5.3 Fee Refunds. (Delete in its entirety and substitute the following) Refer to Section 109.6 of the amended Building Code of the City of Englewood for requirements of this Section. 4. 107.3.3 Reinspections. (Delete in its entirety and substitute the following) Refer to Section 110.7 of the amended Building Code of the City of Englewood for requirements of this Section. 5. 108.4 Violation Penalties. (Delete in its entirety and substitute the following) Refer to Englewood Municipal Code 8-1-10 for requirements of this Section. Page 120 of 412 3 6. 108.5 Stop Work Orders. (Amend the last sentence) Upon notice from the code official that work is being done contrary to the provisions of this Code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner’s agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine as prescribed in 108.4 as amended. 7. 109 Means of Appeal. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code of the City of Englewood for requirements of this Section. B. CHAPTER 3. INSTALLATION 1. 304.11 Guards. (Delete in its entirety and substitute the following) Guards shall be provided where appliances, equipment, fans or other components that require service and roof hatch openings are located within 10 feet (3048 mm) of a roof edge or open side of a walking surface and such edge or open side is located more than 30 inches (762 mm) above the floor, roof or grade below. The guard shall extend not less than 30 inches (762 mm) beyond each end of such appliances, equipment, fans, components and roof hatch openings and the top of the guard shall be located not less than 42 inches (1067 mm) above the elevated surface adjacent to the guard. The guard shall be constructed so as to prevent the passage of a 21-inch diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code. Section 2. 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 3. Inconsistent Ordinances. All other Codes, 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 4. 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, Page 121 of 412 4 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 5. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. Read by Title and passed on final reading on the 3rd day of July, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 6th day of July, 2017. Published by title on the City’s official website beginning on the 5th day of July, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Page 122 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Building Division DATE: July 3, 2017 SUBJECT: Amendments to the Fuel Gas Code DESCRIPTION: Amendments to the Fuel Gas Code RECOMMENDATION: Staff recommends that City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article H of the Englewood Municipal Code 2000 pertaining to the Fuel Gas Code. PREVIOUS COUNCIL ACTION: The adoption of the International Fuel Gas Code was reviewed by City Council at the June 5, 2017 study session. City Council passed a bill for an ordinance on June 19, 2017. SUMMARY: The City of Englewood has adopted the Uniform Building Codes and subsequent updates as the model construction codes for the City since 1971. Per the Intergovernmental Agreement by and between the City of Englewood and the City of Denver, "Englewood agrees to adopt within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fire Codes and to adopt any subsequent versions of the building and fire codes with six (6) months of Denver's adoption of said subsequent versions of said codes." In the spirit of interlocal cooperation, Englewood's proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief. The Chief Building Official for the City of Englewood has thoroughly reviewed the International Fuel Gas Code and recommends adoption with certain exceptions, modifications and amendments. FINANCIAL IMPLICATIONS: The costs associated with the adoption of the most current code cycle would be for the purchase of code books. The estimated amount is $500.00 and has been funded in the 2017 Community Development Department budget. Page 123 of 412 ATTACHMENTS: Ordinance Page 124 of 412 1 BY AUTHORITY ORDINANCE NO.____ COUNCIL BILL NO. 35 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER YATES AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE H, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL FUEL GAS CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, the City of Englewood has adopted Uniform Building Codes, and subsequent updates as promulgated by the publisher, as the model construction codes for the City since 1971; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fires Codes and to adopt any subsequent versions of the building and fire codes within six (6) months of Denver’s adoption of said subsequent versions of said codes.”; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees not to adopt any laws or amendments to said codes that conflict with or are materially inconsistent with the applicable uniform building and fire codes without obtaining the prior, written approval of the Denver Fire Chief (which approval will not be unreasonably withheld)”; WHEREAS, the Chief Building Official for the City of Englewood has determined that none of the proposed amendments to the International Fuel Gas Code, 2015, conflict with or are materially inconsistent with the applicable uniform building and fire codes; WHEREAS, in the spirit of interlocal cooperation, Englewood’s proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief; and WHEREAS, the Chief Building Official for the City of Englewood has thoroughly reviewed the International Fuel Gas Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein. Page 125 of 412 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Adoption of the International Fuel Gas Code, 2015 Edition, as the Fuel Gas Code, with certain additions and deletions. There is hereby adopted by reference by the City of Englewood, Colorado, for the purpose of establishing standards for the safety, health, and public welfare, the International Fuel Gas Code, 2015 Edition, as the Fuel Gas Code, as published by the International Code Council, 4051 Flossmoor Road Country Club Hills, IL 60478, and such amendments and appendices as set forth as set forth below. Title 8, Chapter 2, Article H shall be amended as follows: 8-2H-1: CODE ADOPTED: There is hereby adopted, by reference thereto, the International Fuel Gas Code 2015 Edition, in its entirety including errata updates, published as part of the Code, by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, subject to the exceptions, modifications and amendments set forth in Section 8-2G-2 of this Article. The City Clerk shall maintain a copy o f the Code and errata updates which will be available for inspection during regular business hours. 8-2H-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made in the provisions of the International Fuel Gas Code 2015, hereinabove adopted: A. CHAPTER 1. ADMINISTRATION. 1. 101.1 Title (Insert the following) These regulations shall be known as the Fuel Gas Code (IFGC) of the City of Englewood, hereinafter referred to as “this Code”. 2. 106.6.2 Fee schedule. (Add the following) Refer to Section 109.2 of the amended Building Code of the City of Englewood for requirements of this Section. 3. 106.6.3 Fee refunds. (Delete in its entirety and substitute the following) Refer to Section 109.6 of the amended Building Code of the City of Englewood for requirements of this Section. 4. 107.3.3 Reinspections. (Delete in its entirety and substitute the following) Refer to Section 110.7 of the amended Building Code of the City of Englewood for requirements of this Section. 5. 108.4 Violation penalties. (Delete in its entirety and substitute the following) Refer to Section 8-1-10 of the Englewood Municipal Code for the requirements of this Section. Page 126 of 412 3 6. 108.5 Stop Work Orders. (Change the last sentence) Upon notice from the code official that work is being done contrary to the provisions of this Code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner’s agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than [AMOUNT] dollars penalties as prescribed in 108.4 as amended. 7. 109 MEANS OF APPEAL. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code of the City of Englewood for the requirements of this Section. Section 2. 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 3. Inconsistent Ordinances. All other Codes, 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 4. 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 5. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Page 127 of 412 4 Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. Read by Title and passed on final reading on the 3rd day of July, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 6th day of July, 2017. Published by title on the City’s official website beginning on the 5th day of July, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Page 128 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Building Division DATE: July 3, 2017 SUBJECT: Amendments to the Plumbing Code DESCRIPTION: Amendments to the Plumbing Code RECOMMENDATION: Staff recommends City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article C, of the Englewood Municipal Code 2000, pertaining to the Plumbing Code. PREVIOUS COUNCIL ACTION: The adoption of the International Plumbing Code was reviewed by City Council at the June 5, 2017 study session. City Council passed a bill for an ordinance on June 19, 2017. SUMMARY: The City of Englewood has adopted the Uniform Building Codes and subsequent updates as the model construction codes for the City since 1971. Per the Intergovernmental Agreement by and between the City of Englewood and the City of Denver, "Englewood agrees to adopt within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fire Codes and to adopt any subsequent versions of the building and fire codes with six (6) months of Denver's adoption of said subsequent versions of said codes." In the spirit of interlocal cooperation, Englewood's proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief. The Chief Building Official for the City of Englewood has thoroughly reviewed the International Plumbing Code and recommends adoption with certain exceptions, modifications and amendments. FINANCIAL IMPLICATIONS: The costs associated with the adoption of the most current code cycle would be for the purchase of code books. The estimated amount is $500.00 and has been funded in the 2017 Community Development Department budget. Page 129 of 412 ATTACHMENTS: Ordinance Page 130 of 412 1 BY AUTHORITY ORDINANCE NO.____ COUNCIL BILL NO. 36 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER YATES AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE C, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL PLUMBING CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, the City of Englewood has adopted Uniform Building Codes, and subsequent updates as promulgated by the publisher, as the model construction codes for the City since 1971; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fires Codes and to adopt any subsequent versions of the building and fire codes within six (6) months of Denver’s adoption of said subsequent versions of said codes”; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees not to adopt any laws or amendments to said codes that conflict with or are materially inconsistent with the applicable uniform building and fire codes without obtaining the prior, written approval of the Denver Fire Chief (which approval will not be unreasonably withheld); WHEREAS, the Chief Building Official for the City of Englewood has determined that none of the proposed amendments to the International Plumbing Code, 2015, conflict with or are materially inconsistent with the applicable uniform building and fire codes; WHEREAS, in the spirit of interlocal cooperation, Englewood’s proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief; and WHEREAS, the Chief Building Official for the City of Englewood has thoroughly reviewed the International Plumbing Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Page 131 of 412 2 Section 1. Adoption of the International Plumbing Code, 2015 Edition, as the Plumbing Code, with certain additions and deletions. There is hereby adopted by reference by the City of Englewood, Colorado, for the purpose of establishing standards for the safety, health, and public welfare, the International Plumbing Code, 2015 Edition, as the Plumbing Code, as published by the International Code Council, 4051 Flossmoor Road Country Club Hills, IL 60478, and such amendments and appendices as set forth as set forth below. Title 8, Chapter 2, Article C shall be amended as follows: 8-2C-1: CODE ADOPTED: There is hereby adopted, by reference thereto, the International Plumbing Code 2015 Edition, in its entirety including errata updates, published as part of the Code, by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, subject to the exceptions, modifications and amendments set forth in Section 8-2C-2 of this Article. The City Clerk shall maintain a copy o f the Code and errata updates which will be available for inspection during regular business hours. 8-2C-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made to the provisions of the International Plumbing Code 2015, hereinabove adopted: A. CHAPTER 1. ADMINISTRATION. 1. 101.1 Title. (Insert the following) These regulations shall be known as the International Plumbing Code of the City of Englewood, hereinafter referred to as “this Code”. 2. 106.6.2 Fee Schedule. (Add the following) Refer to Section 109.2 of the amended Building Code of the City of Englewood for requirements of this Section. 3. 106.6.3 Fee Refunds. (Delete in its entirety and substitute the following) Refer to Section 109.6 of the amended Building Code of the City of Englewood for requirements of this Section. 4. 107.4.3 Reinspection and Testing. (Delete in its entirety and substitute the following) Refer to Section 110.7 of the amended Building Code of the City of Englewood for requirements of this Section. 5. 108.4 Violation Penalties. (Delete in its entirety and substitute the following) Refer to Englewood Municipal Code 8-1-10 for requirements of this Section. 6. 108.5 Stop Work Orders. (Change the last sentence) Upon notice from the code official that work is being done contrary to the provisions of this Code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the Page 132 of 412 3 owner of the property, the owner’s agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than [MOUNT] dollars or more than [AMOUNT] dollars penalties as prescribed in 108.4 as amended. 7. 109 Means of Appeal. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code of the City of Englewood for requirements of this Section. B. CHAPTER 3. GENERAL REGULATIONS. 1. 305.4.1 Sewer Depth. (Insert the following) Building sewers that connect to private sewage disposal systems shall be a minimum of twelve inches (12”) below finished grade at the point of septic tank connection. Building sewers shall be a minimum of twelve inches (12”) below grade. C. CHAPTER 9. VENTS. 1. 903.1 Roof Extension. (Insert the following) Open vent pipes that extend through a roof shall be terminated at least six inches (6”) above the roof, except where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least seven feet (7’) above the roof. Section 2. 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 3. Inconsistent Ordinances. All other Codes, 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 4. 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 5. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Page 133 of 412 4 Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. Read by Title and passed on final reading on the 3rd day of July, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 6th day of July, 2017. Published by title on the City’s official website beginning on the 5th day of July, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Page 134 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Building Division DATE: July 3, 2017 SUBJECT: Amendments to the Residential Code DESCRIPTION: Amendments to the Residential Code RECOMMENDATION: Staff recommends that City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article G, of the Englewood Municipal Code 2000 pertaining to the Residential Code. PREVIOUS COUNCIL ACTION: The adoption of the International Residential Code was reviewed by City Council at the June 5, 2017 study session. City Council passed a bill for an ordinance on June 19, 2017. SUMMARY: The City of Englewood has adopted the Uniform Building Codes and subsequent updates as the model construction codes for the City since 1971. Per the Intergovernmental Agreement by and between the City of Englewood and the City of Denver, "Englewood agrees to adopt within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fire Codes and to adopt any subsequent versions of the building and fire codes with six (6) months of Denver's adoption of said subsequent versions of said codes." In the spirit of interlocal cooperation, Englewood's proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief. The Chief Building Official for the City of Englewood has thoroughly reviewed the International Residential Code and recommends adoption with certain exceptions, modifications and amendments. FINANCIAL IMPLICATIONS: Page 135 of 412 The costs associated with the adoption of the most current code cycle would be for the purchase of code books. The estimated amount is $500.00 and has been funded in the 2017 Community Development Department budget. ATTACHMENTS: Ordinance Page 136 of 412 1 BY AUTHORITY ORDINANCE NO.____ COUNCIL BILL NO. 37 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER YATES AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE G, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL RESIDENTIAL CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, the City of Englewood has adopted Uniform Building Codes, and subsequent updates as promulgated by the publisher, as the model construction codes for the City since 1971; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fires Codes and to adopt any subsequent versions of the building and fire codes within six (6) months of Denver’s adoption of said subsequent versions of said codes.”; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees not to adopt any laws or amendments to said codes that conflict with or are materially inconsistent with the applicable uniform building and fire codes without obtaining the prior, written approval of the Denver Fire Chief (which approval will not be unreasonably withheld); WHEREAS, the Chief Building Official for the City of Englewood has determined that none of the proposed amendments to the International Residential Code, 2015, conflict with or are materially inconsistent with the applicable uniform building and fire codes; WHEREAS, in the spirit of interlocal cooperation, Englewood’s proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief; and WHEREAS, the Chief Building Official for the City of Englewood has thoroughly reviewed the International Residential Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Adoption of the International Residential Code, 2015 Edition, as the Residential Building Code, with certain additions and deletions. There is hereby adopted Page 137 of 412 2 by reference by the City of Englewood, Colorado, for the purpose of establishing standards for the safety, health, and public welfare, the International Residential Code, 2015 Edition, as the Residential Building Code, as published by the International Code Council, 4051 Flossmoor Road Country Club Hills, IL 60478, and such amendments and appendices as set forth as set forth below. Title 8, Chapter 2, Article G shall be amended as follows: 8-2G-1: CODE ADOPTED: There is hereby adopted, by reference thereto, the International Residential Code 2015 Edition, in its entirety including errata updates, published as part of this Code, by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, subject to the exceptions, modifications and amendments set forth in Section 8-2G-2 of this Article. The City Clerk shall maintain a copy o f the Code and errata updates which will be available for inspection during regular business hours. 8-2G-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made in the provisions of the International Residential Code 2015, hereinabove adopted: A. CHAPTER 1. ADMINISTRATION. 1. R101.1 Title. (Insert the following) These regulations shall be known as the Residential Code of the City of Englewood, and shall be cited as such and will be referred to as “this Code”. 2. R105.2 Work Exempt from Permit. Building: (Delete in its entirety and substitute the following) 2. Refer to Section 16-2-9 of the Englewood Municipal Code for fence requirements. 3. Refer to Section 16-2-9 of the Englewood Municipal Code for retaining wall requirements. 10. Refer to Section 16-2-9 of the Englewood Municipal Code for deck requirements, 3. R108.2 Schedule of Permit Fees. (Add the following) Refer to Section 109.2 of the amended Building Code of the City of Englewood for requirements of this Section. 4. R108.3 Building Permit Valuations. (Delete in its entirety and substitute the following) Refer to Section 109.3 of the amended Building Code of the City of Englewood for additional requirements of this Section. 5. R108.5 Fee Refunds. (Delete in its entirety and substitute the following) Page 138 of 412 3 Section 109.6 of the amended Building Code of the City of Englewood shall replace the requirements of this Section. 6. R110.4.1 Temporary Occupancy Fee. (Add the following new section) Refer to Section 111.3.1 of the amended Building Code of the City of Englewood for requirements of this Section. 7. R112 Board of Appeals. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code for requirements of this Section. 8. R113.1 Unlawful Acts. (Delete in its entirety and substitute the following) Refer to Section 8-1-8 of the Englewood Municipal Code for requirements of this Section. 9. R113.4 Violation penalties. (Delete in its entirety and substitute the following) Refer to Sections 8-1-9 and 8-1-10 of the Englewood Municipal Code for requirements of this Section. B. CHAPTER 3 – BUILDING AND PLANNING. 1. Table R301.2(1) (Insert the following) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Ground Snow Load – 30 PSF Wind Speed – 105 MPH Topographic Effects – Yes Special Wind Region – No Wind-borne Debris Zone – No Seismic Design Category – B Weathering – Severe Frost Line Depth – 36” Termite – Slight Winter Design Temp – 1 Degree F Ice Barrier Underlayment Required – Yes Flood Hazards – FIRM Air Freezing Index – 1500 Mean Annual Temp - 45 2. R313.1 Townhouse automatic fire sprinkler systems. (Amend the following sentence) An automatic residential fire sprinkler system shall may be installed in townhouses. Page 139 of 412 4 3. R313.2 One – and two family dwellings automatic fire systems. (Amend the following sentence) An automatic residential fire sprinkler system shall may be installed in one – and two family dwellings. C. CHAPTER 10– CHIMNEYS AND FIREPLACES 1. R1001.1.1 Fireplace Restrictions. (Add the following new section) Fireplaces shall comply with Sections 6-1-11 and 6-1-12 of the Englewood Municipal Code. 2. R1004.1.1 Fireplace Restrictions. (Add the following new section) Fireplaces shall comply with Sections 6-1-11 and 6-1-12 of the Englewood Municipal Code. D. CHAPTER 26 – GENERAL PLUMBING REQUIREMENTS 1. P2603.5.1 Sewer Depth. (Insert the following) Building sewers that connect to private sewage disposal systems shall be a minimum of twelve inches (12”) below finished grade at the point of septic tank connection. Building sewers shall be a minimum of twelve inches (12”) below grade. E. APPENDICES. 1. Appendix H Patio Covers. 2. Appendix M Home Day Care R-3 Occupancy. Section 2. 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 3. Inconsistent Ordinances. All other Codes, 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 4. 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. Page 140 of 412 5 Section 5. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. Read by Title and passed on final reading on the 3rd day of July, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 6th day of July, 2017. Published by title on the City’s official website beginning on the 5th day of July, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Page 141 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Building Division DATE: July 3, 2017 SUBJECT: Amendments to the Building Code DESCRIPTION: Amendments to the Building Code RECOMMENDATION: Staff recommends City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article A, of the Englewood Municipal Code 2000 pertaining to the Building Code. PREVIOUS COUNCIL ACTION: The adoption of the International Building Code was reviewed by City Council at the June 5, 2017 study session. City Council passed a bill for an ordinance on June 19, 2017. SUMMARY: The City of Englewood has adopted the Uniform Building Codes and subsequent updates as the model construction codes for the City since 1971. Per the Intergovernmental Agreement by and between the City of Englewood and the City of Denver, "Englewood agrees to adopt within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fire Codes and to adopt any subsequent versions of the building and fire codes with six (6) months of Denver's adoption of said subsequent versions of said codes." In the spirit of interlocal cooperation, Englewood's proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief. The Chief Building Official for the City of Englewood has thoroughly reviewed the International Building Code and recommends adoption with certain exceptions, modifications and amendments. FINANCIAL IMPLICATIONS: The costs associated with the adoption of the most current code cycle would be for the purchase of code books. The estimated amount is $500.00 and has been funded in the 2017 Community Development Department budget. Page 142 of 412 ATTACHMENTS: Ordinance Page 143 of 412 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 38 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER YATES AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE A, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL BUILDING CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, the City of Englewood has adopted Uniform Building Codes, and subsequent updates as promulgated by the publisher, as the model construction codes for the City since 1971; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fires Codes and to adopt any subsequent versions of the building and fire codes within six (6) months of Denver’s adoption of said subsequent versions of said codes”; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees not to adopt any laws or amendments to said codes that conflict with or are materially inconsistent with the applicable uniform building and fire codes without obtaining the prior, written approval of the Denver Fire Chief (which approval will not be unreasonably withheld); WHEREAS, the Chief Building Official for the City of Englewood has determined that none of the proposed amendments to the International Building Code, 2015, conflict with or are materially inconsistent with the applicable uniform building and fire codes; WHEREAS, in the spirit of interlocal cooperation, Englewood’s proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief; and WHEREAS, the Chief Building Official for the City of Englewood has thoroughly reviewed the International Building Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Adoption of the International Building Code, 2015 Edition, as the Building Code, with certain additions and deletions. There is hereby adopted by reference by the Page 144 of 412 2 City of Englewood, Colorado, for the purpose of establishing standards for the safety, health, and public welfare, the International Building Code, 2015 Edition, as the Building Code, as published by the International Code Council, 4051 Flossmoor Road Country Club Hills, IL 60478, and such amendments and appendices as set forth as set forth below. Title 8, Chapter 2, Article A shall be amended as follows: 8-2A-1: CODE ADOPTED: There is hereby adopted, by reference thereto, the International Building Code 2015 Edition, in its entirety including errata updates, published as part of the Code, by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, subject to the exceptions, modifications and amendments set forth in Section 8-2A-2 of this Article. The City Clerk shall maintain a copy of the Code and errata updates which will be available for inspection during regular business hours. 8-2A-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made to the provisions of the International Building Code 2015, hereinabove adopted: A. CHAPTER 1. ADMINISTRATION. 1. 101.1 Title. (Add the following) These regulations shall be known as the Building Code of the City of Englewood, hereinafter referred to as “this Code”. 2. 105.2 Work Exempt from Permit. Building: (Delete sections 2 and 4 and substitute the following section 2 and 4) 2. Refer to Section 16-2-9 of the Englewood Municipal Code for Zoning Site Plan Review requirements. 4. Refer to Section 16-2-9 for Zoning Site Plan Review requirement. 3. 109.2 Schedule of Permit Fees. (Add the following) These fees shall be determined by the City Council and set by resolution. 4. 109.3 Building Permit Valuations. (Add the following sentence) The Chief Building Official may also utilize Building Valuation Data published in the ICC Building Safety Journal as a guideline to establish valuation. 5. 109.6 Fee Refunds. (Delete in its entirety and substitute the following) The Chief Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The Chief Building official may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code. Page 145 of 412 3 The Chief Building Official may authorize not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The Chief Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of the fee payment. 6. 110.7 Reinspections. (Add the following new section) A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete; the corrections called for are not made; the inspection record card is not posted or otherwise available on the work site; the approved plans are not readily available to the inspector; no access is provided to the site or for deviating from plans requiring approval of the chief building official. To obtain a reinspection, the applicant shall file an application therefore in writing on a form furnished for that purposed and pay the reinspection fee in accordance with Table 1. In instances where reinspection fees have been assessed, no additional inspections of the work will be performed until the reinspection fees have been paid. 7. 111.3.1 Temporary Occupancy Fee. (Add the following new section) The fee for a Temporary Certificate of Occupancy is as set forth in Section 109.2 of this Chapter. 8. 113 Board of Appeals. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code for the requirements of this section. 9. 1608.2 Ground Snow Loads. (Add the following sentence to the end of this section) Ground snow load as determined by Case Study shall be 30 lb/sq ft. 10. 1612.3 Establishment of Flood Hazard Areas. (Insert the following) To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for City of Englewood, dated November 1, 2010, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this Section. 11. 2111.1.1 Fireplace Restrictions. (Add the following new section) Fireplaces shall comply with Sections 16-1-11 and 16-1-12 of the Englewood Municipal Code. B. CHAPTER 35 – REFERENCED STANDARDS. (Delete 2008 and substitute 2011) Page 146 of 412 4 1. A18.1 2008 2011 Safety Standard for Platform Lifts and Stairway Chairlifts. Section 2. 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 3. Inconsistent Ordinances. All other Codes, 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 4. 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 5. 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 147 of 412 5 Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. Read by Title and passed on final reading on the 3rd day of July, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 6th day of July, 2017. Published by title on the City’s official website beginning on the 5th day of July, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Page 148 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Building Division DATE: July 3, 2017 SUBJECT: Amendments to the Existing Building Code DESCRIPTION: Amendments to the Existing Building Code RECOMMENDATION: Staff recommends that City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article J of the Englewood Municipal Code 2000 pertaining to the Existing Building Code. PREVIOUS COUNCIL ACTION: The adoption of the International Existing Building Code was reviewed by City Council at the June 5, 2017 study session. City Council passed a bill for an ordinance on June 19, 2017. SUMMARY: The City of Englewood has adopted the Uniform Building Codes and subsequent updates as the model construction codes for the City since 1971. Per the Intergovernmental Agreement by and between the City of Englewood and the City of Denver, "Englewood agrees to adopt within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fire Codes and to adopt any subsequent versions of the building and fire codes with six (6) months of Denver's adoption of said subsequent versions of said codes." In the spirit of interlocal cooperation, Englewood's proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief. The Chief Building Official for the City of Englewood has thoroughly reviewed the International Existing Building Code and recommends adoption with certain exceptions, modifications and amendments. FINANCIAL IMPLICATIONS: The costs associated with the adoption of the most current code cycle would be for the purchase of code books. The estimated amount is $500.00 and has been funded in the 2017 Community Development Department budget. Page 149 of 412 ATTACHMENTS: Ordinance Page 150 of 412 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 39 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER YATES AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE J, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL EXISTING BUILDING CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, the City of Englewood has adopted Uniform Building Codes, and subsequent updates as promulgated by the publisher, as the model construction codes for the City since 1971; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fires Codes and to adopt any subsequent versions of the building and fire codes within six (6) months of Denver’s adoption of said subsequent versions of said codes.”; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees not to adopt any laws or amendments to said codes that conflict with or are materially inconsistent with the applicable uniform building and fire codes without obtaining the prior, written approval of the Denver Fire Chief (which approval will not be unreasonably withheld); WHEREAS, the Chief Building Official for the City of Englewood has determined that none of the proposed amendments to the International Existing Building Code, 2015, conflict with or are materially inconsistent with the applicable uniform building and fire codes; WHEREAS, in the spirit of interlocal cooperation, Englewood’s proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief; and WHEREAS, the Chief Building Official for the City of Englewood has thoroughly reviewed the International Existing Building Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein. Page 151 of 412 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Adoption of the International Existing Building Code, 2015 Edition, as the Existing Building Code, with certain additions and deletions. There is hereby adopted by reference by the City of Englewood, Colorado, for the purpose of establishing standards for the safety, health, and public welfare, the International Existing Building Code, 2015 Edition, as the Existing Building Code, as published by the International Code Council, 4051 Flossmoor Road Country Club Hills, IL 60478, and such amendments and appendices as set forth as set forth below. Title 8, Chapter 2, Article J shall be amended as follows: 8-2J-1: CODE ADOPTED: There is hereby adopted, by reference thereto, the International Existing Building Code 2015 Edition, in its entirety including errata updates, published as part of the Code, by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, subject to the exceptions, modifications and amendments set forth in Section 8-2A-2 of this Article. The City Clerk shall maintain a copy of the Code and errata updates which will be available for inspection during regular business hours. 8-2J-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made to the provisions of the International Existing Building Code 2015, hereinabove adopted: A. CHAPTER 1. ADMINISTRATION. 1. 101.1 Title. (Insert the following) These regulations shall be known as the Existing Building Code of the City of Englewood, hereinafter referred to as “this Code”. 2. 108.2 Schedule of Permit Fees. (Add the following) Refer to Section 109.2 of the amended Building Code of the City of Englewood for requirements of this Section. 3. 108.6 Refunds. (Delete in its entirety and substitute the following) Refer to Section 109.6 of the amended Building Code of the City of Englewood for requirements of this Section. 4. 113.4 Violation Penalties. (Delete in its entirety and substitute the following) Refer to Section 8-1-10 of the Englewood Municipal Code for the requirements of this Section. 5. 109 Board of Appeals. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code for the requirements of this Section. Page 152 of 412 3 Section 2. 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 3. Inconsistent Ordinances. All other Codes, 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 4. 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 5. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. Read by Title and passed on final reading on the 3rd day of July, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 6th day of July, 2017. Published by title on the City’s official website beginning on the 5th day of July, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Page 153 of 412 4 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 Page 154 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Karen Montanez DEPARTMENT: Building Division DATE: July 3, 2017 SUBJECT: Amendments to the Energy Conservation Code DESCRIPTION: Amendments to the Energy Conservation Code RECOMMENDATION: Staff recommends City Council adopt a Bill for Ordinance amending Title 8, Chapter 2, Article I, of the Englewood Municipal Code, pertaining to the Energy Conservation Code. PREVIOUS COUNCIL ACTION: The adoption of the International Energy Conservation Code was reviewed by City Council at the June 5, 2017 study session. City Council passed a bill for an ordinance on June 19, 2017. SUMMARY: The City of Englewood has adopted the Uniform Building Codes and subsequent updates as the model construction codes for the City since 1971. Per the Intergovernmental Agreement by and between the City of Englewood and the City of Denver, "Englewood agrees to adopt within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fire Codes and to adopt any subsequent versions of the building and fire codes with six (6) months of Denver's adoption of said subsequent versions of said codes." In the spirit of interlocal cooperation, Englewood's proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief. The Chief Building Official for the City of Englewood has thoroughly reviewed the International Energy Conservation Code and recommends adoption with certain exceptions, modifications and amendments. FINANCIAL IMPLICATIONS: The costs associated with the adoption of the most current code cycle would be for the purchase of code books. The estimated amount is $500.00 and has been funded in the 2017 Community Development Department budget. Page 155 of 412 ATTACHMENTS: Ordinance Page 156 of 412 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 40 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER YATES AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE I, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, the City of Englewood has adopted Uniform Building Codes, and subsequent updates as promulgated by the publisher, as the model construction codes for the City since 1971; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees within one (1) year of the Effective Date of this Agreement to adopt the 2015 International Building and Fires Codes and to adopt any subsequent versions of the building and fire codes within six (6) months of Denver’s adoption of said subsequent versions of said codes”; WHEREAS, Section 4.2 of the 2015 Intergovernmental Agreement by and between the City of Englewood and the City of Denver regarding fire protection services provides that “Englewood agrees not to adopt any laws or amendments to said codes that conflict with or are materially inconsistent with the applicable uniform building and fire codes without obtaining the prior, written approval of the Denver Fire Chief (which approval will not be unreasonably withheld); WHEREAS, the Chief Building Official for the City of Englewood has determined that none of the proposed amendments to the International Energy Conservation Code, 2015, conflict with or are materially inconsistent with the applicable uniform building and fire codes; WHEREAS, in the spirit of interlocal cooperation, Englewood’s proposed modifications to the Building and associated safety codes have been provided to the Denver Fire Chief; and WHEREAS, the Chief Building Official for the City of Englewood has thoroughly reviewed the International Energy Conservation Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Page 157 of 412 2 Section 1. Adoption of the International Energy Conservation Code, 2015 Edition, as the Energy Conservation Code, with certain additions and deletions. There is hereby adopted by reference by the City of Englewood, Colorado, for the purpose of establishing standards for the safety, health, and public welfare, the International Energy Conservation Code, 2015 Edition, as the Energy Conservation Code, as published by the International Code Council, 4051 Flossmoor Road Country Club Hills, IL 60478, and such amendments and appendices as set forth as set forth below. Title 8, Chapter 2, Article I shall be amended as follows: 8-2I-1: CODE ADOPTED: There is hereby adopted, by reference thereto, the International Building Code 2015 Edition, in its entirety including errata updates, published as part of the Code, by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795, subject to the exceptions, modifications and amendments set forth in Section 8-2I-2 of this Article. The City Clerk shall maintain a copy of the Code and errata updates which will be available for inspection during regular business hours. 8-2I-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following specific changes, modifications and amendments are hereby made to the provisions of the International Energy Conservation Code 2015, hereinabove adopted: COMMERCIAL PROVISIONS A. CHAPTER 1. ADMINISTRATION. 1. C101.1 Title. (Insert the following) These regulations shall be known as the International Energy Conservation Code of the City of Englewood and shall be cited as such. It is referred to herein as “this code.” 2. C107.2 Permit Fee Schedule. (Add the following) Refer to Section 109.2 of the amended Building Code of the City of Englewood for requirements of this Section. 3. C107.5 Refunds. (Delete in its entirety and substitute the following) Refer to Section 109.6 of the amended Building Code of the City of Englewood for requirements of this Section. 4. C109 Means of Appeals. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code for the requirements of this Section. Page 158 of 412 3 RESIDENTIAL PROVISIONS B. CHAPTER 1. ADMINISTRATION 1. R101.1 Title. (Insert the following) These regulations shall be known as the International Energy Conservation Code of the City of Englewood and shall be cited as such. It is referred to herein as “this code.” 2. R107.2 Permit Fee Schedule. (Add the following) Refer to Section 109.2 of the amended Building Code of the City of Englewood for requirements of this Section. 3. R107.5 Refunds. (Delete in its entirety and substitute the following) Refer to Section 109.6 of the amended Building Code of the City of Englewood for requirements of this Section. 4. R109 Means of Appeals. (Delete in its entirety and substitute the following) Refer to Section 8-1-7 of the Englewood Municipal Code for the requirements of this Section. Section 2. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. 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 Codes, 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. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Page 159 of 412 4 Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. Read by Title and passed on final reading on the 3rd day of July, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 6th day of July, 2017. Published by title on the City’s official website beginning on the 5th day of July, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Page 160 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tom Brennan DEPARTMENT: Utilities DATE: July 3, 2017 SUBJECT: Englewood Senior Living Center - 3555 S. Clarkson St., Vacation of Easement and Dedication of Easement DESCRIPTION: Englewood Senior Living Center - 3555 S. Clarkson St., Vacation of Easement and Dedication of Easement RECOMMENDATION: The Utilities staff recommends Council approval of the Vacation of Easement and Dedication of Sanitary Sewer Easement requested by KRF 965, LLC for construction of the Englewood Senior Living Center. PREVIOUS COUNCIL ACTION: Council approved a Bill for an Ordinance at its June 19, 2017 meeting. This Bill for an Ordinance was tabled at the July 3rd council meeting. SUMMARY: The Englewood Water and Sewer Board, at their June 6, 2017 meeting, approved the Vacation of Easement and Dedication of Easement to KRF 965, LLC. ANALYSIS: KRF 965, LLC purchased the building site at 3555 S. Clarkson St., the former Plaza Del Medico. They are proposing to sell to CA Senior Living Holdings, LLC to build a senior housing facility that will require reconfiguring the property for the most advantageous use of the site. KRF 965, LLC submitted a request to exchange the existing 20' wide sewer easement and will be establishing a new 15' wide easement which is the required width per City of Englewood Wastewater Collection System Specifications. The Englewood Water Board, at their June 6, 2017 meeting, approved the Vacation of Easement and Dedication of Easement to KRF 965, LLC. FINANCIAL IMPLICATIONS: Exchanging the existing sewer easement with a vacation of easement and dedication of easement will be done at the sole expense and liability of the licensee, KRF 965, LLC. ATTACHMENTS: Page 161 of 412 June 6, 2017 Water and Sewer Board Minutes & Phone Vote Ordinance Exhibit 1 - Vacation and Grant of Sewer Easement Page 162 of 412 ENGLEWOOD WATER AND SEWER BOARD MINUTES JUNE 6, 2017 1. CALL TO ORDER The meeting was called to order at 5:12 p.m. Members present: Wiggins, Yates, Roth, Johnson, Gillit Members absent: Jefferson, Habenicht, Moore The Board received the Minutes of the May 9, 2017 meeting. Motion: To approve the May 9, 2017 Water & Sewer Board Minutes. Moved: Ross Seconded: Roth Abstain: Gillit Johnson Motion passed unanimously. 2. NEW BUSINESS A. ENGLEWOOD SENIOR LIVING CENTER – 3555 S. CLARKSON ST. VACATION OF EASEMENT AND DEDICATION OF EASEMENT KRF 965 LLC purchased the building site at 3555 S. Clarkson St., the former Plaza Del Medico. They are proposing to sell to CA Senior Living Holdings, LLC to build a senior housing facility that will require reconfiguring the property for the most advantageous use of the site. DRF 965 LLC submitted a request to exchange the existing 20’ wide sewer easement and will be establishing a new 15’ wide easement which is the required width per City of Englewood Wastewater Collection System Specifications. Page 163 of 412 Exchanging the existing sewer easement with a vacation of easement and dedication of easement will be done at the sole expense and liability of the licensee, KRF 965 LLC Motion: To recommend Council approval of the Vacation of Easement and Dedication of easement for KRF 965 LLC for the Englewood Senior Living Center at 3555 S. Clarkson St. Moved; Gillit Seconded: Johnson Motion passed unanimously. B. BIG DRY CREEK DIVERSION PIPE Residents of Englewood have expressed their desire that we provide softer water for their consumptive use. The improved raw water quality at the City’s primary drinking water intake on the S. Platte River at Union Avenue will address the hardness of our treated water. Water quality, particularly hardness, in the Big Dry Creek is poor creating treatment issues. In 2013 the City reached a settlement with Denver Water to address our hardness issue. This settlement earmarked $600,000 for this effort. With this funding the City studied adding a softening process to the plant which would have not only capital costs to construct but yearly O & M costs. In the same time period staff found old plans detailing a diversion structure and pipe that intercepted the flows of Big Dry Creek and carried them around the Union Avenue intake. With this staff initiated in March of 2015 the Big Dry Creek Diversion Project. McLaughlin Whitewater was retained to perform preliminary design and permitting support. This effort produced the required permitting which included a US Army Corps of Engineers permit, Federal Emergency Management Agency permit, an easement from the Colorado Water Conservation Board, a preliminary design of the diversion structure and a completed diversion pipeline design. The diversion pipeline construction is what the IGA will authorize. Finally, the City filed a water rights application in December 2015 to allow the City to divert the Big Dry Creek water. You will be seeing a contract for the final design services for the diversion structure. Construction is scheduled for 2018. This diversion pipeline is under the concrete trail being constructed as part of Phase II of the River Run Project. This is the most economical location for the pipeline. The alternative if we do not include this work in the Phase II River Run is to construct the pipeline by boring which would require closing the new trail and removing several sections of the concrete trail to complete the construction. UDFCD uses an alternative project delivery approach, called Project Partners. This approach utilizes pre‐ qualified contractors that must meet the best value selection process which consists of the following criteria: ‐ Capability of Contractor to Perform work. ‐ Experience and Qualification of Proposed Construction Team. ‐ Understanding Risks and Identifying Mitigation. ‐ Value Engineering Approaches. Page 164 of 412 ‐ Unit Costs of General Bid Items. Naranjo Civil Constructors was selected for all three phases of the River Run Project. Their unit prices were assessed by UDFCD and found to be reasonable and competitive. The advantage of using Naranjo is they are a premier contractor for this type of work, their pricing is fair, and there will be a direct savings to the Big Dry Creek Project since mobilization costs have already been paid for with the River Run Phase II Project. Motion: Recommend Council approval, by motion, of the contract with McLaughlin Whitewater Design Group in the amount of $78,435.00 for the preliminary design and permitting support for the Big Dry Creek Diversion Project. Moved; Gillet Seconded: Yates Motion passed unanimously. C. BIG DRY CREEK DIVERSION & INTAKE – PROFESSIONAL FINAL DESIGN SERVICES McLaughlin Whitewater completed the preliminary diversion design and permitting support in February, 2017 and this effort produced the required permits from the US Army Corps of Engineers, Federal Emergency Management Agency and approval from the Colorado Water Conservation Board. McLaughlin’s scope of work will cover Final Design and Special Services – easement preparation, soils investigation and permitting. McLaughlin Whitewater will be teaming with ERO Resources for permitting, Ground Engineering for geotechnical and soils, RG McNutt for electrical, Close & Associates for structural and Aztec Survey for surveying and easement. Construction is proposed to begin in 2018. Final design elements will include final design of the diversion structure on Big Dry Creek, the sluicing gate, intake vault and screen, the hydropower station and electrical system for site lighting. Final Design Services is $53,000, Special Services is $27,000 and Construction Phase Services is $17,000 for a total of $97,000.00. Funding will be from the 2013 Denver Water settlement which stipulates that the funds be dedicated to alleviating water hardness. Motion: Recommend Council approval, by motion, of the Professional Final Design Services Proposal for the Big Dry Creek Diversion Replacement – Diversion & Intake Phase to McLaughlin Whitewater Design Group in the amount of $97,000.00. Moved Gillit Seconded: Yates. Motion approved unanimously. Page 165 of 412 Councilman Gillit inquired about the Integral Report regarding Allen Plant alum residuals. Tom noted that the consultants will be presenting their official report at an upcoming Council Study Session. The meeting adjourned at 5:35 p.m. The next Water and Sewer Board meeting will be Tuesday, July 11, 2017 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Englewood Water and Sewer Board Page 166 of 412 PHONE VOTE FOR JUNE 6, 2017 WATER & SEWER BOARD MEETING 1. MINUTES OF THE JUNE 6, 2017 WATER & SEWER BOARD MEETING. The Board received the Minutes of the June 6, 2017 Water & Sewer Board Meeting. Motion: To approve the Minutes of the June 6, 2017 Water & Sewer Board Meeting. Moved: Yates Seconded Wiggins Ayes: Yates, Gillit, Wiggins, Ross, Johnson Not reached: Jefferson, Habenicht, Moore Motion carried. The next Water & Sewer Board meeting will be held Tuesday, July 5, 2017 at 5:00 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Englewood Water and Sewer Board Page 167 of 412 Page 168 of 412 1 ORDINANCE NO. BY AUTHORITY COUNCIL BILL NO. 41 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING THE VACATION OF A SANITARY SEWER EASEMENT CONTAINING 2,649 SQUARE FEET, AT 3555 S. CLARKSON STREET BY THE CITY OF ENGLEWOOD AND A GRANT OF A SANITARY SEWER EASEMENT CONTAINING 1,990 SQUARE FEET, AT 3555 S. CLARKSON STREET, FROM KRF 965, LLC TO THE CITY OF ENGLEWOOD. WHEREAS, KRF 965, LLC, purchased the property at 3555 S. Clarkson, and are in the process of selling the property to CA Senior Living Holdings, LLC to build a senior housing facility; and WHEREAS, the construction of the senior housing facility will require reconfiguring the property in order for CA Senior Living Holdings, LLC to make the most advantageous use of the building site; and WHEREAS, KRF 965, LLC has requested that the City vacate the current twenty foot (20’) sanitary sewer easement as set forth on Exhibits A and B of the Agreement, in exchange for a grant of a new fifteen foot (15’) sanitary sewer easement, as set forth on Exhibits C and D of the Agreement and, which meets the existing easement standards as set forth under the City of Englewood Wastewater Collection System Specifications; and WHEREAS, at its June 6, 2017 meeting the Englewood Water and Sewer Board approved the vacation of the existing sanitary sewer easement and a dedication of the new sanitary sewer easement to the City of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado, hereby authorizes the Vacation of the sanitary Sewer Easement located at 3555 S. Clarkson Street as shown on Exhibits A and B, attached hereto. Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the acceptance of the Sanitary Sewer/Utility Easement located at 3555 S. Clarkson Street as shown on Exhibits C and D, to the City of Englewood from the KRF 965, LLC, attached hereto. Section 3. The Mayor is hereby authorized to sign and the City Clerk shall attest said Exhibits A and B Vacation of the Sanitary Sewer Easement for and on behalf of the City of Englewood. Page 169 of 412 2 Section 4. The Chief Executive Officer, Dimitrios Balafas, is hereby authorized to sign said Exhibits C and D Grant of Sanitary Sewer/Utility Easement for and on behalf of KRF 965, LLC. Introduced, read in full, and passed on first reading on the 19th day of June, 2017. On July 3rd, 2017 Bill for an Ordinance was presented for second reading and was tabled until July 17, 2017. Read by Title and passed on final reading on the 17th day of July, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 20th day of July, 2017. Published by title on the City’s official website beginning on the 19th day of July, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Page 170 of 412 Page 171 of 412 Page 172 of 412 Page 173 of 412 Page 174 of 412 Page 175 of 412 Page 176 of 412 Page 177 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tom Brennan DEPARTMENT: Utilities DATE: July 3, 2017 SUBJECT: IGA with Urban Drainage and Flood Control District for the Big Dry Creek Diversion Pipe DESCRIPTION: IGA with Urban Drainage and Flood Control District for the Big Dry Creek Diversion Pipe RECOMMENDATION: The Englewood Water and Sewer Board, at their June 6, 2017 meeting, recommended approval of an IGA with UDFCD to construct the diversion pipeline for the Big Dry Creek Diversion Project. The diversion pipeline is within the River Run Phase II Project currently under the UDFCD contract with Naranjo Civil Constructors. PREVIOUS COUNCIL ACTION: Englewood City Council, at their June 15, 2015 meeting, approved by motion the contract with McLaughlin Whitewater Design Group in the amount of $78,435.00 for preliminary design and permitting support for the Big Dry Creek Diversion Project. City Council approved a Bill for an Ordinance at their June 19, 2017 meeting. SUMMARY: Residents of Englewood have expressed their desire that we provide softer water for the consumptive use. The improved raw water quality at the City's primary drinking water intake on the S. Platte River at Union Avenue will address the hardness of our treated water. Water quality, particularly hardness, in the Big Dry Creek is poor and creating treatment issues. In 2013 the City reached a settlement with Denver Water to address our hardness issue. This settlement earmarked $600,000 for this effort. With funding, the City studied adding a softening process to the plant which would have not only capital costs to construct but yearly O & M costs. In the same time period staff found old plans detailing a diversion structure and pipe that intercepted the flows of Big Dry Creek and carried them around the Union Avenue intake. With this, staff initiated in March of 2015 the Big Dry Creek Diversion Project. McLaughlin Whitewater was retained to perform preliminary design and permitting support. This effort produced the required permitting which included a US Army Corps of Engineers permit, Federal Emergency Management Agency permit, approval from the Colorado Water Conservation Board, a preliminary design of the diversion structure and a completed diversion pipeline design with a hydropower vault for generation of electricity for future path lighting. The diversion pipeline and hydropower vault construction is what the IGA will authorize. You will be Page 178 of 412 seeing a contract for the final design services for the diversion structure. Construction is scheduled for 2018. ANALYSIS: This diversion pipeline is under the concrete trail being constructed as part of Phase II of the River Run Project. This is the most economical location for the pipeline. The alternative if we do not include this work in the Phase II River Run Project is to construct the pipeline by boring which would require closing the new trail and removing several sections of the concrete trail to complete the construction. UDFCD uses an alternative project delivery approach, called Project Partners. This approach utilizes pre-qualified contractors that must meet the best value selection process which consists of the following criteria: - Capability of Contractor to Perform Work. - Experience and Qualification of Proposed Construction Team. - Understanding Risks and Identifying Mitigation. - Value Engineering Approaches. - Unit Costs of General Bid Items. Naranjo Civil Constructors was selected for all three phases of the River Run Project. Their unit prices were assessed by UDFCD and found to be reasonable and competitive. The advantage of using Naranjo is they are a premier contractor for this type of work, their pricing is fair, and there will be a direct savings to the Big Dry Creek Project since mobilization costs have already been paid for with the River Run Phase II Project. FINANCIAL IMPLICATIONS: The full contract amount will be funded from the 2013 Denver Water settlement which stipulates that the funds be dedicated to alleviating water hardness. The Big Dry Creek Diversion pipeline and hydropower vault construction is estimated at $400,000.00. ATTACHMENTS: Minutes of the June 6, 2017 Water Board Meeting & Phone Vote Ordinance Exhibit A - Intergovernmental Agreement with UDFCD Page 179 of 412 ENGLEWOOD WATER AND SEWER BOARD MINUTES JUNE 6, 2017 1. CALL TO ORDER The meeting was called to order at 5:12 p.m. Members present: Wiggins, Yates, Roth, Johnson, Gillit Members absent: Jefferson, Habenicht, Moore The Board received the Minutes of the May 9, 2017 meeting. Motion: To approve the May 9, 2017 Water & Sewer Board Minutes. Moved: Ross Seconded: Roth Abstain: Gillit Johnson Motion passed unanimously. 2. NEW BUSINESS A. ENGLEWOOD SENIOR LIVING CENTER – 3555 S. CLARKSON ST. VACATION OF EASEMENT AND DEDICATION OF EASEMENT KRF 965 LLC purchased the building site at 3555 S. Clarkson St., the former Plaza Del Medico. They are proposing to sell to CA Senior Living Holdings, LLC to build a senior housing facility that will require reconfiguring the property for the most advantageous use of the site. DRF 965 LLC submitted a request to exchange the existing 20’ wide sewer easement and will be establishing a new 15’ wide easement which is the required width per City of Englewood Wastewater Collection System Specifications. Page 180 of 412 Exchanging the existing sewer easement with a vacation of easement and dedication of easement will be done at the sole expense and liability of the licensee, KRF 965 LLC Motion: To recommend Council approval of the Vacation of Easement and Dedication of easement for KRF 965 LLC for the Englewood Senior Living Center at 3555 S. Clarkson St. Moved; Gillit Seconded: Johnson Motion passed unanimously. B. BIG DRY CREEK DIVERSION PIPE Residents of Englewood have expressed their desire that we provide softer water for their consumptive use. The improved raw water quality at the City’s primary drinking water intake on the S. Platte River at Union Avenue will address the hardness of our treated water. Water quality, particularly hardness, in the Big Dry Creek is poor creating treatment issues. In 2013 the City reached a settlement with Denver Water to address our hardness issue. This settlement earmarked $600,000 for this effort. With this funding the City studied adding a softening process to the plant which would have not only capital costs to construct but yearly O & M costs. In the same time period staff found old plans detailing a diversion structure and pipe that intercepted the flows of Big Dry Creek and carried them around the Union Avenue intake. With this staff initiated in March of 2015 the Big Dry Creek Diversion Project. McLaughlin Whitewater was retained to perform preliminary design and permitting support. This effort produced the required permitting which included a US Army Corps of Engineers permit, Federal Emergency Management Agency permit, an easement from the Colorado Water Conservation Board, a preliminary design of the diversion structure and a completed diversion pipeline design. The diversion pipeline construction is what the IGA will authorize. Finally, the City filed a water rights application in December 2015 to allow the City to divert the Big Dry Creek water. You will be seeing a contract for the final design services for the diversion structure. Construction is scheduled for 2018. This diversion pipeline is under the concrete trail being constructed as part of Phase II of the River Run Project. This is the most economical location for the pipeline. The alternative if we do not include this work in the Phase II River Run is to construct the pipeline by boring which would require closing the new trail and removing several sections of the concrete trail to complete the construction. UDFCD uses an alternative project delivery approach, called Project Partners. This approach utilizes pre‐ qualified contractors that must meet the best value selection process which consists of the following criteria: ‐ Capability of Contractor to Perform work. ‐ Experience and Qualification of Proposed Construction Team. ‐ Understanding Risks and Identifying Mitigation. ‐ Value Engineering Approaches. Page 181 of 412 ‐ Unit Costs of General Bid Items. Naranjo Civil Constructors was selected for all three phases of the River Run Project. Their unit prices were assessed by UDFCD and found to be reasonable and competitive. The advantage of using Naranjo is they are a premier contractor for this type of work, their pricing is fair, and there will be a direct savings to the Big Dry Creek Project since mobilization costs have already been paid for with the River Run Phase II Project. Motion: Recommend Council approval, by motion, of the contract with McLaughlin Whitewater Design Group in the amount of $78,435.00 for the preliminary design and permitting support for the Big Dry Creek Diversion Project. Moved; Gillet Seconded: Yates Motion passed unanimously. C. BIG DRY CREEK DIVERSION & INTAKE – PROFESSIONAL FINAL DESIGN SERVICES McLaughlin Whitewater completed the preliminary diversion design and permitting support in February, 2017 and this effort produced the required permits from the US Army Corps of Engineers, Federal Emergency Management Agency and approval from the Colorado Water Conservation Board. McLaughlin’s scope of work will cover Final Design and Special Services – easement preparation, soils investigation and permitting. McLaughlin Whitewater will be teaming with ERO Resources for permitting, Ground Engineering for geotechnical and soils, RG McNutt for electrical, Close & Associates for structural and Aztec Survey for surveying and easement. Construction is proposed to begin in 2018. Final design elements will include final design of the diversion structure on Big Dry Creek, the sluicing gate, intake vault and screen, the hydropower station and electrical system for site lighting. Final Design Services is $53,000, Special Services is $27,000 and Construction Phase Services is $17,000 for a total of $97,000.00. Funding will be from the 2013 Denver Water settlement which stipulates that the funds be dedicated to alleviating water hardness. Motion: Recommend Council approval, by motion, of the Professional Final Design Services Proposal for the Big Dry Creek Diversion Replacement – Diversion & Intake Phase to McLaughlin Whitewater Design Group in the amount of $97,000.00. Moved Gillit Seconded: Yates. Motion approved unanimously. Page 182 of 412 Councilman Gillit inquired about the Integral Report regarding Allen Plant alum residuals. Tom noted that the consultants will be presenting their official report at an upcoming Council Study Session. The meeting adjourned at 5:35 p.m. The next Water and Sewer Board meeting will be Tuesday, July 11, 2017 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Englewood Water and Sewer Board Page 183 of 412 PHONE VOTE FOR JUNE 6, 2017 WATER & SEWER BOARD MEETING 1. MINUTES OF THE JUNE 6, 2017 WATER & SEWER BOARD MEETING. The Board received the Minutes of the June 6, 2017 Water & Sewer Board Meeting. Motion: To approve the Minutes of the June 6, 2017 Water & Sewer Board Meeting. Moved: Yates Seconded Wiggins Ayes: Yates, Gillit, Wiggins, Ross, Johnson Not reached: Jefferson, Habenicht, Moore Motion carried. The next Water & Sewer Board meeting will be held Tuesday, July 5, 2017 at 5:00 in the Community Development Conference Room. Sincerely, Cathy Burrage Recording Secretary Englewood Water and Sewer Board Page 184 of 412 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 42 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) “AGREEMENT REGARDING CONSTRUCTION OF IMPROVEMENTS FOR BIG DRY CREEK DIVERSION PIPELINE” - AGREEMENT NO. 17-05.17 PROJECT NO. 100327, BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, the citizens of the City of Englewood have expressed a desire for softer water for their consumptive use; and WHEREAS, currently the City’s water intake is located downstream of where Big Dry Creek intersects with the South Platte River; and WHEREAS, waters carried by Big Dry Creek directly impact the hardness and quality of the water the City diverts for consumptive use, and creates treatment issues at the Allen Filter Plant; and WHEREAS, to mitigate these impacts, the City studied adding a softness process to address the hardness issue, which would have had capital costs as well as operating and maintenance costs over the life of the softness process; and WHEREAS, during the study surrounding the softness process, decades old plans were discovered showing a diversion structure and pipe that would intercept the flows of Big Dry Creek and divert them around the City’s Union Avenue Intake; and WHEREAS, in 2015 McLaughlin Whitewater was retained to perform a preliminary design and permitting process resulting in producing the required permits from the US Army Corps of Engineers, Federal Emergency Management Agency, and approval for the Colorado Water Conservation Board; and WHEREAS, a preliminary design of the diversion structure and completed diversion pipeline design have been completed as well as a hydropower vault to provide for the generation of electricity for future bike path illumination; and WHEREAS, Urban Drainage and Flood Control District (UDFCD) is already on site engaged in the construction of Phase II of the River Run project; and WHEREAS, UDFCD has been using Naranjo Civil Constructors in all three phases of the River Run Project, due to their competitive pricing and the fact that they are a premier contractor for this type of diversion pipeline work; and Page 185 of 412 2 WHEREAS, the entire cost of the diversion will be $400,000.00 and will be fully funded by the 2013 Denver Water settlement which stipulates that the funds be used to alleviate water hardness; and WHEREAS, the passage of this Ordinance authorizes an Intergovernmental Agreement for the Urban Drainage and Flood Control District to construct the Big Dry Creek Diversion Pipeline and hydropower vault construction. WHEREAS, no Federal or State funds will be used in this project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of Englewood, Colorado, hereby approves the Intergovernmental Agreement Regarding Construction Of Improvements for Big Dry Creek Diversion Pipeline - Agreement No. 17-05.17 Project No. 100327, between the Urban Drainage and Flood Control District and the City Of Englewood, attached hereto as Exhibit 1. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, the Intergovernmental Agreement Regarding Construction of Improvements for Big Dry Creek Diversion Pipeline, for and on behalf of the City Council of the City of Englewood, Colorado. Section 3. There are no federal funds being used by Englewood on this project. Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. Read by Title and passed on final reading on the 3rd day of July, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 6th day of July, 2017. Published by title on the City’s official website beginning on the 5th day of July, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk Page 186 of 412 3 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 Page 187 of 412 \dcm\agrmnt\17\170517 1 AGREEMENT REGARDING CONSTRUCTION OF IMPROVEMENTS FOR BIG DRY CREEK DIVERSION PIPELINE CITY OF ENGLEWOOD Agreement No. 17-05.17 Project No. 100327 THIS AGREEMENT, dated _________________________________________, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT") and CITY OF ENGLEWOOD (hereinafter called "CITY") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, DISTRICT, in a policy statement previously adopted, (Resolution No. 14, Series of 1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have heretofore enacted floodplain regulation measures; and WHEREAS, PARTIES have identified a stormwater need and now desire to proceed with construction of improvements for Big Dry Creek Diversion Pipeline (hereinafter called "PROJECT"); and WHEREAS, the City Council of CITY has authorized, by appropriation or resolution, all of PROJECT costs. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. SCOPE OF AGREEMENT This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT. 2. SCOPE OF PROJECT PROJECT shall include construction by DISTRICT of the improvements as set forth in the final design including vegetation establishment. Project limits are as shown on Exhibit A. 3. PUBLIC NECESSITY PARTIES agree that the work performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit to the inhabitants of DISTRICT and the property therein. 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following: 1. Construction of improvements; 2. Contingencies mutually agreeable to PARTIES. B. It is understood that total PROJECT costs as defined above are not to exceed $400,000 without amendment to this Agreement. Page 188 of 412 \dcm\agrmnt\17\170517 2 PROJECT costs for the various elements of the effort are estimated as follows: ITEM AMOUNT 1. Construction $400,000 Total $400,000 This breakdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this Agreement provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest, if applicable. C. Based on the flood control construction PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Maximum Share Contribution DISTRICT 0.00% $ -0- CITY 100.00% $400,000 TOTAL 100.00% $400,000 5.MANAGEMENT OF FINANCES CITY will pay 100% of the costs of the construction improvements. Cost shall not exceed maximum amount of approved funds without CITY approval. 6.FINAL DESIGN The design of PROJECT has been provided by CITY. 7.MANAGEMENT OF CONSTRUCTION A.Costs. Construction costs shall consist of those costs as incurred by the most qualified contractor(s) including detour costs, licenses and permits, utility relocations, and construction related engineering services as defined in Paragraph 4 of this Agreement. B.Construction Management and Payment 1. DISTRICT, with the concurrence of CITY, shall administer and coordinate the construction-related work as provided herein. 2.DISTRICT, with concurrence of CITY, shall select and award construction contract(s). 3.DISTRICT shall require the contractor to provide adequate liability insurance that includes CITY. The contractor shall be required to indemnify CITY. Copies of the insurance coverage shall be provided to CITY. 4.DISTRICT, with assistance of CITY, shall coordinate field surveying; staking; inspection; testing; acquisition of right-of-way; and engineering as required to construct PROJECT. DISTRICT, with assistance of CITY, shall assure that construction is performed in accordance with the construction contract documents including approved plans and specifications and shall accurately record the quantities Page 189 of 412 \dcm\agrmnt\17\170517 3 and costs relative thereto. Copies of all inspection reports shall be furnished to COUNTY on a weekly basis. 5. PARTIES shall have access to the site during construction at all times to observe the progress of work and conformance to construction contract documents including plans and specifications. 6. DISTRICT shall review and approve contractor billings. DISTRICT shall remit payment to contractor based on billings. 7. DISTRICT, with concurrence of CITY, shall prepare and issue all written change or work orders to the contract documents. 8. PARTIES shall jointly conduct a final inspection and accept or reject the completed PROJECT in accordance with the contract documents. C. Construction Change Orders. In the event that it becomes necessary and advisable to change the scope or detail of the work to be performed under the contract(s), such changes shall be rejected or approved in writing by the contracting officers. No change orders shall be approved that increase the costs beyond the funds available in the PROJECT fund, unless and until the additional funds needed to pay for the added costs are committed by all PARTIES. 8. MAINTENANCE PARTIES agree that CITY shall own and be responsible for maintenance of the completed and accepted PROJECT. DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at all times for observation of flood control facility conditions and for maintenance when funds are available. 9. TERM OF AGREEMENT The term of this Agreement shall commence upon final execution by all PARTIES and shall terminate after the final payment is made to the construction contractor 10. LIABILITY Each party hereto shall be responsible for any suits, demands, costs, or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 11. CONTRACTING OFFICERS AND NOTICES A. The contracting officer for CITY shall be the Director of Utilities, 1000 Englewood Parkway, Englewood, Colorado 80110. B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, Colorado 80211. C. Any notices, demands or other communications required or permitted to be given by any provision of this Agreement shall be given in writing, delivered personally or sent by registered mail, postage prepaid and return receipt requested, addressed to PARTIES at the addresses set forth above or at such other address as either party may hereafter or from time to time designate by written notice to the other party given when personally delivered or Page 190 of 412 \dcm\agrmnt\17\170517 4 mailed, and shall be considered received in the earlier of either the day on which such notice is actually received by the party to whom it is addressed or the third day after such notice is mailed. D. The contracting officers for PARTIES each agree to designate and assign a PROJECT representative to act on the behalf of said PARTIES in all matters related to PROJECT undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT-related issues between PARTIES, shall attend all progress meetings, and shall be responsible for providing all available PROJECT-related file information to the engineer upon request by DISTRICT or CITY. Said representatives shall have the authority for all approvals, authorizations, notices or concurrences required under this Agreement. However, in regard to any amendments or addenda to this Agreement, said representative shall be responsible to promptly obtain the approval of the proper authority. 12. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments or modifications to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 13. SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 14. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State of Colorado and venue for the same shall lie in the County where PROJECT is located. 15. ASSIGNABILITY No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 16. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 17. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 18. TERMINATION OF AGREEMENT This Agreement may be terminated upon thirty (30) day's written notice by any of PARTIES, but only if there are no contingent, outstanding contracts. If there are contingent, outstanding Page 191 of 412 \dcm\agrmnt\17\170517 5 contracts, this Agreement may only be terminated upon mutual agreement of all PARTIES and only upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions and subject to the maximum amount of each party's contribution as set forth herein. 19. EMPLOYMENT STATUS This Agreement shall not change the employment status of any employees of PARTIES. No party shall have the right to control or direct the activities of any employees of another related to this Agreement. 20. PUBLIC RELATIONS It shall be at CITY’S sole discretion to initiate and to carry out any public relations program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact it may have on them. In any event DISTRICT shall have no responsibility for a public relations program, but shall assist COUNTY as needed and appropriate. 21. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified because of race, color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability and further agree to insert the foregoing provision in all subcontracts hereunder. 22. APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of CITY and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of CITY and/or DISTRICT. 23. NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than any one of PARTIES receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 24. ILLEGAL ALIENS PARTIES agree that any public contract for services executed as a result of this intergovernmental agreement shall prohibit the employment of illegal aliens in compliance with §8-17.5-101 C.R.S. et seq. The following language shall be included in any contract for public services: "The contractor certifies, warrants, and agrees that the contractor does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and will confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Page 192 of 412 \dcm\agrmnt\17\170517 6 Agreement, through participation in the United States Department of Homeland Security and the Social Security Administration E-Verify Program or the Colorado Department of Labor and Employment (CDLE) program established pursuant to 8-17.5-102 (5)(c) C.R.S. The contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a subcontract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under Agreement. The contractor shall (a) not use the E-Verify Program or the CDLE program established pursuant to 8-17.5-102 (5)(c) C.R.S., to undertake pre-employment screening of job applicants while this Agreement is being performed, (b) notify the subcontractor and DISTRICT within three days if the contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement, (c) terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) comply with the reasonable request made in the course of an investigation, undertake pursuant to 8-17.5-102 (5)(c) C.R.S, by the CDLE. If the contractor participates in the CDLE program, the contractor shall, within twenty days after hiring an employee who is newly hired for employment to perform work under this Agreement, deliver to DISTRICT a written, notarized affirmation, affirming that the contractor has examined the legal work status of such employee, retained file copies of the documents required by 8 U.S.C. Section 1324a, and not altered or falsified the identification documents for such employees. If the contractor fails to comply with any requirement of this Section or 8-17.5-101 et seq. C.R.S, DISTRICT may terminate this Agreement for breach and, if so terminated, the contractor shall be liable for actual and consequential damages. DISTRICT shall notify the Colorado Office of the Secretary of State if the contractor violates this Section and DISTRICT terminates this Agreement for such a breach. The contractor acknowledges that the CDLE may investigate whether the contractor is complying with this Section of the Agreement. This may include on-site inspections and the review of documentation that proves the citizenship of any person performing work under this Agreement and any other reasonable steps necessary to determine compliance with the provisions of this Section." 25. EXECUTION IN COUNTERPARTS – ELECTRONIC SIGNATURES This Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. PARTIES approve the use of electronic signatures for execution of this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. Only the following two forms of electronic signatures shall be permitted to bind PARTIES to this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. A. Electronic or facsimile delivery of a fully executed copy of a signature page; or Page 193 of 412 \dcm\agrmnt\17\170517 7 B. The image of the signature of an authorized signer inserted onto PDF format documents. Documents requiring notarization may also be notarized by electronic signature, as provided above. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, CRS §§ 24-71.3-101 to -121. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year first above written. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By ___________ Name Ken A. MacKenzie Checked By Title Executive Director CITY OF ENGLEWOOD By Name Title Page 194 of 412 AGREEMENT REGARDING CONSTRUCTION OF IMPROVEMENTS FOR BIG DRY CREEK DIVERSION PIPELINE CITY OF ENGLEWOOD Agreement No. 17-05.17 Project No. 100327 Exhibit A Page 195 of 412 Page 196 of 412 "iv.Page 197 of 412 T '-.'wv?tUV]1 «Ralm0-Nr‘BIaIEN#5 53'g. *ni_*ref. um PRELIMINARY REVIEW SET NOT FOR CONSTRUCTION 'V""'1'I"IW’~Page 198 of 412 nun-.nup. mm mm PRELIMINARY REVIEW SET NOT FOR CONSTRUCTION K:--htubolvll. call-.,..a. CITV OF ENGLEWOOD ENGLEWOOD.COLORADO BIG DRYCREEKDIVEIEION PRELIMINARYDESIGN PLAN8 PROFILE 6¢00T0 I062?Page 199 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Englert DEPARTMENT: Police DATE: July 3, 2017 SUBJECT: Arapahoe County Consolidated C.A.D. IGA DESCRIPTION: Arapahoe County Consolidated C.A.D. IGA RECOMMENDATION: The Police Department is recommending that the City enter into this Intergovernmental Agreement by and among: Arapahoe County, the Arapahoe County E-911 Communications Service Authority, the City of Cherry Hills Village, the City of Englewood, the City of Glendale, the City of Greenwood Village, the City of Littleton, and the City of Sheridan. This IGA pertains to the selection, design, purchase, and use of a single, consolidated Computer Aided Dispatch (C.A.D.) system to be utilized by all of the above entities, and to be hosted and operated by Arapahoe County. PREVIOUS COUNCIL ACTION: There has been no previous council action regarding this issue. SUMMARY: Arapahoe County, Englewood, Glendale, Greenwood Village, and Littleton each operate a public safety answering point (P.S.A.P.). Each of these P.S.A.P.'s provide 9-1-1 call taking and law enforcement dispatching services. The Arapahoe County P.S.A.P. also provides services to Cherry Hills Village and Sheridan. The P.S.A.P.'s provide dispatching services utilizing Computer Aided Dispatching (C.A.D.). In order to save costs and increase interoperability among the Parties' law enforcement agencies, several of the Parties desire to select, design, purchase, and use a single consolidated C.A.D. (including all hardware and software associated therewith), the C.A.D. to be hosted and operated by Arapahoe County. The Arapahoe County E-911 Communications Service Authority is authorized to collect the emergency telephone charge and to spend the same on qualifying expenditures, all pursuant to Colorado Revised Statutes. The E-911 Authority provides financial assistance to all of the P.S.A.P.'s within Arapahoe County. The E-911 Authority will pay for a large portion of the Consolidated C.A.D. pursuant to the IGA. ANALYSIS: Page 200 of 412 This Consolidated C.A.D. project has been in process for about the last 12 months. The team has chosen a vendor and Arapahoe County will implement the C.A.D. system in the fourth quarter of 2017. The other P.S.A.P.'s would implement in the first quarter of 2018. The Consolidated Law Enforcement C.A.D. will be managed by a board consisting of board members from each Law Enforcement Agency (L.E.A.) involved and would have oversight of Consolidated C.A.D., providing direction for the operation, administration, and maintenance of the C.A.D. The C.A.D. that has been selected for this project is manufactured by "Tritech Software Systems." Tritech is one of the largest providers of public safety software and programming in the country. Their C.A.D. product is currently being used throughout the State of Colorado, to include the City of Denver, Loveland, AdComm 911 (Adams County regional dispatch), and other agencies. This C.A.D. system is state of the art and will increase efficiencies for the Police Department, such as response times, crime analysis, officer safety, and citizen satisfaction regarding calls for service and accountability. FINANCIAL IMPLICATIONS: The E-911 authority is purchasing the entire system, to include interfaces between the C.A.D. system and our existing Records Management System. The Police Department is responsible for the purchase all of the required hardware, software, licensing and network connectivity specific to our node that is necessary for E.P.D. to interface with, access to, or utilize the Consolidated C.A.D. system. The Police Department will utilize all mobile hardware currently in place, has the software compatibility and network connectivity and is working with Information Technology closely on this project. The mobile licensing, for the Consolidated C.A.D. system will cost approximately $28,954.00. These funds will be paid by the E-911 Authority on behalf of the Englewood Police Department and that amount will be deducted from the "Agency Operating Fund", (A.O.F.) that E-911 provides to all P.S.A.P.'s in their jurisdiction. The A.O.F. fund can pay for dispatch related expenditures such as portable radios, communications center equipment and related expenses. Englewood's distribution from the E-911 A.O.F. is $99,968 per year and our 2017 balance is $151,078. The yearly maintenance fees for the Tritech "mobile licenses" are approximately $5,000 per year compared to almost $13,000 per year for the "Mobilecop" program we currently utilize. ALTERNATIVES: The Consolidated C.A.D. system is coming at a very opportune time for the Police Department. The "Mobile Cop" application and our current C.A.D. system is supported by "LogiSYS", who is also our R.M.S. provider. LogiSYS business future is uncertain at this point in time. CONCLUSION: It is recommended that Council approve this I.G.A. with all of the other listed government entities within Arapahoe County. This Consolidated C.A.D. system is not only a benefit for the City of Englewood, but for all of the law enforcement agencies in Arapahoe County. ATTACHMENTS: an Ordinance Exhibit A - Intergovernmental Agreement Page 201 of 412 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 43 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER ________________ AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH ARAPAHOE COUNTY, THE ARAPAHOE COUNTY E-911 COMMUNICATIONS SERVICES AUTHORITY, THE CITY OF CHERRY HILLS VILLAGE, THE CITY OF ENGLEWOOD, THE CITY OF GLENDALE, THE CITY OF GREENWOOD VILLAGE, THE CITY OF LITTLETON, AND THE CITY OF SHERIDAN FOR THE ARAPAHOE COUNTY CONSOLIDATED LAW ENFORCEMENT COMPUTER AIDED DISPATCH (CAD) WHEREAS, Arapahoe County, Englewood, Glendale, Greenwood Village and Littleton each operate a public safety answering point (“P.S.A.P.”) which provide call taking and dispatching services; and WHEREAS, Arapahoe County provides P.S.A.P. services for the Cities of Cherry Hills Village and Sheridan; and WHEREAS, P.S.A.P’s. provide dispatching services utilizing Computer Aided Dispatching (CAD), and in order to save costs and increased interoperability among the Parties’ law enforcement agencies, the Parties desire to select, design, purchase, and use a single consolidated CAD to be hosted by Arapahoe County; and WHEREAS, the City Council of the City of Englewood approved an Intergovernmental Agreement to use the Arapahoe County Trunked Radio System (DTRS) by the passage of Ordinance No. 27, Series of 2005; and WHEREAS, over the past twelve (12) months the project upgrade has been in process and the Parties have chosen Tritech Software Systems to provide the software and programming for the new system; and WHEREAS, Tritech Software CAD Systems are currently being used throughout the State of Colorado, including the City and County of Denver, Loveland, Adams County and other agencies; and WHEREAS, the new system will provide a state of the art CAD system, and will increase efficiencies of the Police Department in the areas of response times, crime analysis, officer safety, and citizen satisfaction regarding calls for service and accountability; and WHEREAS, Arapahoe County will implement the CAD system in the fourth quarter of 2017 with the other parties following suit in the first quarter of 2018; and WHEREAS, this Intergovernmental Agreement is necessary, proper and convenient for the continued preservation of the public peace, health and safety and for providing a more cost effective and efficient use of governmental resources; and Page 202 of 412 2 WHEREAS, the City of Englewood’s cost will be $28,954.00 which will be paid by the E- 911 Authority, and reimbursed by the Police Department Agency Operating Fund, with a realized saving of almost $8,000.00 per year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes entering the “Intergovernmental Agreement with Arapahoe County, the Arapahoe County E- 911 Communications Services Authority, the City of Cherry Hills Village, the City of Englewood, the City of Glendale, the City of Greenwood Village, the City of Littleton, the City of Sheridan for the Arapahoe County Consolidated Law Enforcement Computer Aided Dispatch (CAD) attached hereto as Exhibit A. Section 2. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Read by Title and passed on final reading on the 3rd day of July, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 6th day of July, 2017. Published by title on the City’s official website beginning on the 5th day of July, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Page 203 of 412 3 Page 204 of 412 Page 205 of 412 Page 206 of 412 Page 207 of 412 Page 208 of 412 Page 209 of 412 Page 210 of 412 Page 211 of 412 Page 212 of 412 Page 213 of 412 Page 214 of 412 Page 215 of 412 Page 216 of 412 Page 217 of 412 Page 218 of 412 Page 219 of 412 Page 220 of 412 Page 221 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Lee DEPARTMENT: Parks, Recreation & Library DATE: July 3, 2017 SUBJECT: Northwest Greenbelt Trail Connection DESCRIPTION: Northwest Greenbelt Trail Connection RECOMMENDATION: Staff recommends that Council approve, by motion, a contract for the construction of the Northwest Greenbelt Trail Connection to the lowest bidder, Concrete Express Incorporated. PREVIOUS COUNCIL ACTION: Council previously approved Ordinance #3, Series of 2017 authorizing an IGA with Arapahoe County pertaining to Northwest Greenbelt Trail Connection. Council previously approved Resolution #95, Series of 2016, authorizing the City's grant application for Northwest Greenbelt Trail Connection. SUMMARY: The existing trail runs the entire length through Northwest Greenbelt and is comprised of an eight foot wide, half mile long, asphalt trail that is in need of replacement due to safety issues, condition and age of the asphalt. ANALYSIS: The Englewood Parks and Recreation Commission identified the trail replacement as a priority and a vital east-west connection to the Mary Carter Greenway Trail. A new ten foot wide, half mile long, concrete trail will be installed through the greenbelt to connect Colorado Heights College to the Mary Carter Greenway Trail along the South Platte River. FINANCIAL IMPLICATIONS: Funding for the project is budgeted in the 2017 Open Space Fund, reflecting a grant from ACOS for $250,000 and a matching contribution of $91,500, from Arapahoe County Shareback Funds, for a total of $341,500. The low bid of $331,400 for the project was submitted by Concrete Express Incorporated. Any excess will cover possible change orders. ALTERNATIVES: No other alternatives have been identified. CONCLUSION: Page 222 of 412 The trail construction project should start within a month of Council approval. ATTACHMENTS: Bid Tabulation Sheet Invitation to Bid Bid Contract Page 223 of 412 City of Englewood Bid Tabulation SheetBid Opening Date: May 23, 2017 2:00 PM MDTApparent Low BidderITEM BID: ITB-17-004 North West Greenbelt Trail Replacement ProjectVendorBid Bond Y/NSOQ Y/NReceipts of Addendums 1-5 Y/NTraffic Control per DaySilt FenceEarthwork - ExcavationEarthwork - Structural BackfillHauling & DisposalConcrete Paving 6" DepthTopsoil ImportedSoil Preperation Sod Seeding Total BidDouble R Excavating, Inc Y Y Y 550.00$ 2.00$ 10.00$ 12.00$ 20.00$ 70.00$ 40.00$ 80.00$ 2.00$ 1.00$ $398,650.006800 North Highway 85P.O.Box 493Sedalia, CO 80135-0493303-688-2703PLM Asphalt & Concrete, Inc Y Y Y 1,000.00$ 1.35$ 23.00$ 16.50$ 70.00$ 54.00$ 51.00$ 50.00$ 0.95$ 0.50$ $361,205.003313 Moline StreetAurora, CO 80010303-287-0777Dan Skierkiewicz Colt & Steel Corporation Y Y Y 1,250.00$ 1.90$ 27.50$ 17.00$ 44.50$ 63.50$ 93.50$ 91.50$ 0.80$ 0.20$ 348,616.30$ 2150 W 6th Ave Unit GBroomfield, CO 80020303-442-2888Van Miranda Noraa Concrete Construction Y Y Y 828.00$ 2.00$ 55.00$ 65.00$ 60.00$ 78.00$ 50.00$ 48.00$ 1.00$ 0.07$ 542,245.00$ 39673 E 160th AveKeenesburg, CO 80643303-637-9233 Concrete Express, Inc Y Y Y 6,100.00$ 2.40$ 16.50$ 22.00$ 23.00$ 63.00$ 60.00$ 53.00$ 1.00$ 0.65$ 331,400.00$ 2027 West Colfax AvenueDenver, CO 80204303-562-2000Joseph M. O'Dea Jalisco International, Inc Y Y Y 1,400.00$ 3.00$ 29.00$ 41.00$ 53.00$ 54.00$ 64.00$ 11.50$ 2.00$ 0.30$ 440,000.00$ 6663 Colorado Blvd.Commerce City, CO 800022303-287-8905Richard Ledezma Page 224 of 412 Page 225 of 412 Page 226 of 412 Page 227 of 412 Page 228 of 412 2.3:.man 38mam?sooq_um;2<m<.m:c_msaoq.no_23omo._3.3a ace$~.~uoo<2<S.m:u.mioon_uo<.oa nmn:~.S2.5043-1uno=.==:_u.u_oo_ O_._.<O_u mzo:m<<ooo ms Um?n AU__.mn_o: 9:_um_m_ 85._<_m=mmmJ _z <<_._.zmmmExmxmou.:5 _um_.:mm:m_.m.o:m<mmxmnima Em ooznqmn.3m .5 man<mm_.mam.Sana: mUo<m. E30; Um?u >._.._.mm? 05.DE}Page 229 of 412 Page 230 of 412 Page 231 of 412 Page 232 of 412 Page 233 of 412 Page 234 of 412 Page 235 of 412 Page 236 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Lee DEPARTMENT: Parks, Recreation & Library DATE: July 3, 2017 SUBJECT: Amendment to Agreement with Urban Drainage and Flood Control No. 11-07.25F DESCRIPTION: Amendment to Agreement with Urban Drainage and Flood Control No. 11-07.25F RECOMMENDATION: Staff recommends City Council adopt a bill for an ordinance to approve an Intergovernmental Agreement amending the previous agreement (Council Bill No. 50, Ordinance No. 1, Series of 2016/2017), which amended funding for the River Run Trailhead in order to complete the west- side parking lot. This is the final portion of the River Run Trailhead project. PREVIOUS COUNCIL ACTION: • Council Bill No. 50, Ordinance No. 1, Series of 2016/2017 authorizing an amendment to an agreement regarding construction of drainage and flood control improvements for the South Platte River at Oxford Avenue Agreement No. 11-07.25E between the City of Englewood, Urban Drainage and Flood Control District, Arapahoe County, City of Sheridan and the South Suburban Parks and Recreation District regarding River Run Trailhead. • Council Bill No. 5, Ordinance No. 7, Series of 2016 authorizing an amendment to an agreement regarding construction of drainage and flood control improvements for the South Platte River at Oxford Avenue Agreement No. 11-07.25D between the City of Englewood, Urban Drainage and Flood Control District, Arapahoe County, City of Sheridan and the South Suburban Parks and Recreation District regarding River Run Trailhead. SUMMARY: Urban Drainage and Flood Control intends to construct a 58 space parking lot on the west side of the South Platte River directly across from River Run Trailhead in order to help alleviate parking lot overcrowding at Broken Tee Golf Course parking lot due to the popularity of the new river chute amenities. ANALYSIS: The South Platte Working Group is a consortium of interested parties whose goal is to make improvements along the South Platte River. The intent is to provide better accessibility to the river for recreational use. South Platte Working Group members include City of Englewood, City of Sheridan, Arapahoe County, South Subruban Parks and Recreation District, Colorado Water Conservation Board, Urban Drainage and Flood Control District and other interested parties. Page 237 of 412 The primary focus area for the City of Englewood has been the area between Union Avenue and Oxford Avenue known as "River Run Project". Key amenities in the area include a passive walking/biking trail on the east side of the river, kayak/surfing chutes in the river at Oxford Avenue, channelization of the river for faster water flow, improvements for fishing and recreational access. This agreement formalizes funding for increasing the size of the West Parking Lot at a cost of $70,000.00. FINANCIAL IMPLICATIONS: The financial impact to the City of Englewood for this amendment to the agreement is $70,000. Englewood previously contributed 15.09% as a percentage share toward the project or $1,675,000.00. There are no further funding contributions anticipated toward this project as River Run Trailhead will be 100% completed. ALTERNATIVES: No other alternatives have been identified. ATTACHMENTS: Bill for an Ordinance Page 238 of 412 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 44 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING AN AMENDMENT TO AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH PLATTE RIVER AT OXFORD AVENUE AGREEMENT NO. 11-07.25F BETWEEN THE CITY OF ENGLEWOOD, THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, ARAPAHOE COUNTY, THE CITY OF SHERIDAN AND THE SOUTH SUBURBAN PARKS AND RECREATION DISTRICT REGARDING RIVERRUN TRAILHEAD. WHEREAS, the purpose of this Agreement is the construction of drainage and flood control improvements for the South Platter River at Oxford Avenue (“Project”); and WHEREAS, the implementation Agreement and this Amendment define the responsibilities and financial commitments of all of the parties; and WHEREAS, the implementation Agreement and this Amendment defines the financial commitments and responsibilities of the parties regarding maintenance of the project; and WHEREAS, the “Principles of Cooperation” Agreement outlines the implementation strategy for the South Platte River at Oxford Avenue improvement project with the goal of promoting a healthy river in an attractive setting which creates a quality recreational experience; and WHEREAS, in 2011 the Urban Drainage and Flood Control District and the Colorado Water Conservation Board entered into an intergovernmental agreement entitled “ Agreement Regarding Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue” (Agreement NO. 11-07.25); and WHEREAS, the Urban Drainage and Flood Control District, the Colorado Water Conservation Board and Arapahoe County entered into “Amendment to Agreement Regarding Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue – Agreement No. 11-07.25B” which added the City of Englewood, the City of Sheridan and the South Suburban Parks and Recreation District as participants by the passage of Ordinance No. 50, Series of 2014; and WHEREAS, the Urban Drainage and Flood Control District, the Colorado Water Conservation Board and Arapahoe County entered into “Agreement Regarding Page 239 of 412 2 Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue” (Agreement No. 11 07.25C) in 2015; and WHEREAS, the Englewood City Council authorized an amendment to the Intergovernmental Agreement regarding the construction of drainage and flood control improvements for South Platte River at Oxford Avenue between the Urban Drainage and Flood Control District, the Colorado Water Conservation Board and Arapahoe County by adding the City of Englewood, the City of Sheridan and the South Suburban Parks and Recreation District as participants and added additional funding for final design to increase the level of funding by $3,020,000, by the passage of Ordinance No. 43, Series of 2015; and WHEREAS, the County Commissioners, the City of Sheridan and the City of Englewood, the Board of Directors of South Suburban Parks and Recreation District and the Urban Drainage and Flood Control District have authorized, by appropriation or resolution, all of Project costs of the respective Parties and establishing funding for the RiverRun Project; and WHEREAS, the Englewood City Council authorized an amendment to the Intergovernmental Agreement entitled “Amendment to Agreement Regarding Construction of Drainage and Flood Control Improvements For South Platte River At Oxford Avenue – Agreement No. 11-07.25D” amending funding for the River Run Project and formalized the 2016 funding of $1,025,000 to the RiverRun Project from the City of Englewood. WHEREAS, the Englewood City Council authorized an amendment to the Intergovernmental Agreement “Amendment to Agreement Regarding Construction of Drainage and Flood Control Improvements for South Platte River At Oxford Avenue – Agreement No. 11-07.25E”. WHEREAS, the passage of this proposed ordinance approves an Intergovernmental Agreement entitled “Amendment to Agreement Regarding Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue – Agreement No. 11-07.25F” amending and approving further funding for the River Run Project. WHEREAS, the Colorado Water Conservation Board’s (“CWCB”) contribution for design have been fulfilled and will no longer be a party to the Agreement; and WHEREAS, the Parties now desire to add additional funding for construction of Phase III River Improvements; and WHEREAS, the City of Englewood now desires to increase the size of the West Parking Lot and the additional cost is $70,000.00 as set forth in the Project Costs and Allocation of Costs in the attached amendment, attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Page 240 of 412 3 Section 1. The City Council of the City of Englewood, Colorado hereby authorizes “Amendment To Agreement Regarding Construction of Drainage And Flood Control Improvements For South Platte River At Oxford Avenue” Agreement No. 11-07.25F, between Urban Drainage and Flood Control District, Board of County Commissioners Arapahoe County, City of Englewood, City of Sheridan and South Suburban Parks and Recreation District regarding construction of drainage and flood control improvements for the South Platte River at Oxford Avenue, attached hereto as Exhibit A. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, the “Amendment to Agreement Regarding Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue” Agreement No. 11-07.25F, for and on behalf of the City Council of the City of Englewood, Colorado. Section 3. There are no federal funds being used by Englewood on this Project. Englewood funds are from Open Space and Shareback funds. Read by Title and passed on final reading on the 3rd day of July, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 6th day of July, 2017. Published by title on the City’s official website beginning on the 5th day of July, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Page 241 of 412 Page 242 of 412 Page 243 of 412 Page 244 of 412 Page 245 of 412 Page 246 of 412 Page 247 of 412 Page 248 of 412 Page 249 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Lee DEPARTMENT: Parks, Recreation & Library DATE: July 3, 2017 SUBJECT: Belleview Park Improvements Grant Acceptance DESCRIPTION: Belleview Park Improvements Grant Acceptance RECOMMENDATION: Staff recommends that Council approve a Bill for an Ordinance authorizing an Intergovernmental Agreement with Arapahoe County regarding acceptance of grant funding for Belleview Park Improvements. PREVIOUS COUNCIL ACTION: Council previously approved Resolution #8, Series of 2017, supporting the City's grant application for Belleview Park Improvements. SUMMARY: Arapahoe County Open Space notified the City of Englewood that the Belleview Park Improvements grant was approved by the County Commissioners. The grant funding will allow for the construction of a shelter, trails, picnic tables, grills, vault toilet and a 15 space parking lot. ANALYSIS: The existing shelter had to be removed due to rotting timbers and other unsafe conditions. The new park improvements will allow citizens an opportunity to better utilize the upper western portions of Belleview Park for picnicing and relaxation. FINANCIAL IMPLICATIONS: The Arapahoe County Open Space grant of $250,000 requires a cash match of $83,900. The City's cash match is supported entirely through the Arapahoe County Shareback funds and is budgeted in the 2017 Open Space Fund. The 2017 Open Space Fund has a revenue balance of $1,359,522, with an unappropriated fund balance of $176,516 after all projects and expenses are accounted for. ALTERNATIVES: Without grant funding, this project would not have come to fruition. No other alternatives were identified for this area of Belleview Park. Page 250 of 412 CONCLUSION: Belleview Park will now have 4 alternatives for shelter use and reservations, making this area much more useful for park patrons. ATTACHMENTS: Grant Notification Letter Bill for an Ordinance Intergovernmental Agreement Exhibit A Page 251 of 412 Dom.‘Um<m\ ._.:m>$um:omno:3<oum:mumnm033 P.omB3 _mEmmmma3.103.Em Q2 o?m:m_m<<oon_25.1.8 muzsm Nopumm__m<_m<<_um113_3o<m3m3 _u3_.mQm32__ma_033 mEu__nm:o::3 32.mu_u3<ma«o1n::n=:m_:Em m3oc3o+mmmoboo. <<m_oo_1o2<ma.822.3w5:...<9..3 BmazmEra.u8_.mQ m«mm_:<_ m.:nm8_<.Page 252 of 412 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 46 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT 2017 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE, STATE OF COLORADO PERTAINING TO THE BELLEVIEW PARK IMPROVEMENT PROJECT WHEREAS, in November 2003 and in November 2011, 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 for the 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 funds from its Open Space Fund to municipalities and special districts; and WHEREAS, the City of Englewood submitted an application for the award of grant funds from the Open Space fund 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 Belleview Park Improvement Project by the passage of Resolution No. 8, Series 2017; and WHEREAS, the City of Englewood has been awarded an Arapahoe County Open Space Grant in the amount not to exceed $250,800 with a cash match of $83,900 for the Belleview Park Improvements (“Grant Project”); and WHEREAS, this Ordinance will authorize the Intergovernmental Grant Agreement between the Board of County Commissioners of Arapahoe, State of Colorado for the Belleview Park Improvement Project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Grant Agreement between the City of Englewood, Colorado and the Board of County Commissioners of Arapahoe, State of Colorado for the Belleview Park Improvement Project, attached as “Attachment 1”, is hereby accepted and approved by the Englewood City Council. A copy of Exhibit A to Attachment 1 (the Grant application) is available in the Office of the Englewood City Clerk. 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. Page 253 of 412 Read by Title and passed on final reading on the 3rd day of July, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 6th day of July, 2017. Published by title on the City’s official website beginning on the 5th day of July, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Page 254 of 412 1 INTERGOVERNMENTAL AGREEMENT REGARDING 2017 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: BELLEVIEW PARK IMPROVEMENT PROJECT _____________________________________________________________________________________________________________ This Intergovernmental Agreement (“Agreement”), is made and entered into by and 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 1, 2011, 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 May 16, 2017 the County approved the Grantee’s Grant Proposal for the Belleview Park Improvement Project ("Grant Project"), which is attached hereto and incorporated by reference 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: 1. 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 10 below and no more often than bi-annually. No more than 75% 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 Page 255 of 412 2 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. Required Sign at Project Site. The County agrees to provide a standard sign 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. 10. Report Requirements. On or before January 31st and July 31st 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 provided. Upon completion of the Grant Project, the Grantee also agrees to submit Page 256 of 412 3 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; supporting 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 Funds until the violation is remedied or after such other time period as determined by the County. Page 257 of 412 4 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 by law. 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. 19. 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 and GRANTEE: Page 258 of 412 5 City of Englewood 1000 Englewood Parkway Englewood, CO 80110 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. Page 259 of 412 6 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: GRANTEE: By:____________________________ By:__________________________________ Name Name Title Title ATTEST: COUNTY OF ARAPAHOE STATE OF COLORADO By:____________________________ By:__________________________________ Name Shannon Carter, Director, Intergovernmental Title Relations and Open Spaces Pursuant to Resolution No. 170252 Page 260 of 412 Page 261 of 412 Page 262 of 412 Page 263 of 412 .1H. . x II‘_n Lxu ...1*.I4.. .. 4 u \.._m.1..w_.In.n._. 3?u.I.,..F|.uI ‘ _._|1Ins.nlniui.mV|V'I—Hl_.lV\|\xi.Hi?_ u .. 3:nI>_uu=nm:o:n=2_._..... cmmSmm_u_u__nm:o:n:mn_A__m~3<m_.:<33 m__2 3m ..mnc.3n_n_on:3m:.G mam3n_camq 5 .3; m_uu__nm:o:33moamq_.m.§._om_o<<.>__mmnzoamm_.m8n.._..mq man35»cmno3_u_m88 3mm" 3.33:3n:m__mnm:o:m.Oamo1m_:m_mason.m_o_o__nm:o:manosm 83 35...2...3n_:omo ..oqm__ mmnzosm3.02.3:>33cm:3:023m n.§.._.....3:3 9...2_£.2.mmosm no3u_m8 on: aon:3m3o...m3:3...q:<m2:._m_um_ma<23 Sm m3..<zm3m._u3.mQ zm3m.>_o_o__nmzo:em. >_.m_umromnoc:2._um1%_m:.>oo_.nm:o3. 3.4>I>oo_.nm:o:m:33m..<«Q3 3:mI_<=:_3:3D:m_.mnm:o:mman.m=m=o._:<«Q3 ?.n:m& 3:nI>_ou=nm:o_..Q.mn_A=mn .5:UI_u3..m2._..3m_.:m3.5.3%3...2.. 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EmQ2m_§__._no:..u_mnmmEms.m=.«mumman__.:u8<mn_.omms6=G mano:-mn_.mmnExm_m:mm25 SE nc?SEE moo am.a.m<m2EE.moam326.E6 mmammoomas._um_._..u.._.m<mno 2om...<<m=$ow_.3m...a2.m...:m2=:u_.o<m3m:? EEmm:_._,oc=n=:m_§mz.o3oa. arm.8_uEqmm_u_._o_.Emmgo.‘_._._m_.oqum}_.mamm.m_._m.:n_:omncmzom.2...?manommo:31¢.UmnucmmoqEm umaxmommmm2... mqmmnmmnm_...umm_8Em8..=3c:.2.>=3m_.o_.um}_.m=o<mso=m5:.caomqmom.EEo:m_omm?a2:...3832 5...»..._um<o:o 3....:33.Em:man5.:ammo8§___%2_%_o.a.2%3?:ouuoncammm. >:=m1.u.mE mzmrmsoou255as_~mn_~ma_ozEma»_u_.>2_uz>_4 z_._Page 309 of 412 2o1_>,z.wm+mnotos AIL emu-resG;REEIu N2!—....u..—uu)2 EH 3:»:S. !.3u ul?.H3 wm:n<_mE val.N S. mu 5.nrnzmzno ?? .Lipan Dr.Page 310 of 412 wm:m<_ni 12...mcmu u unl?:.§n:I?l>2 2.1..:21.:.nur. 3.5.:35 H.- Uoci>wPm+Mmn+..o5 40 _._..£.:...nzmnrzrr Jurwur Page 311 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Lee DEPARTMENT: Parks, Recreation & Library DATE: July 3, 2017 SUBJECT: Rotolo Park Shelter Grant Acceptance DESCRIPTION: Rotolo Park Shelter Grant Acceptance RECOMMENDATION: The Parks, Recreation and Library Department recommends Council approve an Ordinance authorizing an Intergovernmental Agreement between the City of Englewood and Arapahoe County for the Arapahoe County Open Space grant award in the amount of $50,000 for Rotolo Park Shelter. PREVIOUS COUNCIL ACTION: Council previously approved Resolution #39, Series of 2016 supporting the City's grant application to Arapahoe County Open Space for Rotolo Park Playground Redevelopment and Resolution #7, Series of 2017 supporting the City's grant application to Arapahoe County Open Space for Rotolo Park Shelter. SUMMARY: Arapahoe County Open Space notified the City of Englewood that the Rotolo Park Shelter grant was approved by the County Commissioners. The grant funding will allow for the construction of a shelter, sidewalk, bench and grill to enhance the newly constructed playground. ANALYSIS: The picnic shelter will allow parents to watch their children on the playground in the comfort of the shade and to provide shelter during inclement weather. Families will be able to use the shelter facility to picnic and play at Rotolo Park. FINANCIAL IMPLICATIONS: The Arapahoe County Open Space grant of $50,000 requires a cash match of $13,200. The City's cash match is supported entirely through the Arapahoe County Shareback funds and is budgeted in the 2017 Open Space Fund. The 2017 Open Space Fund has a revenue balance of $1,359,522, with an unappropriated fund balance of $176,516 after all projects and expenses are accounted for. ALTERNATIVES: Page 312 of 412 There are no alternatives identified other than Council may choose not to accept the grant funding. CONCLUSION: Both of the Arapahoe County grants that were received for the playground, shelter and amenities for Rotolo Park will greatly enhance this park for the surrounding neighborhood and the community. ATTACHMENTS: Grant Award Letter Bill for an Ordinance Intergovernmental Agreement Exhibit A - Grant Application Page 313 of 412 UmmqUm<m. ._.:m>$um:omno:3<Cum:mumnm033v_6m$3 _mEmmmmq3 .102:2.5 Q2 o.”m:m_m<<ooa2.3 5 m_2_=m ~95xo3_o3;25.3.m3m__033 muu=nm:o:3...cmm:muu_.o<mn_3..Eznzzm.3 Em maoci 2 mmoboo. <<m_oox+o2<ma3<<o:A_:m5::<9.3 3m_a:m 2...».u3_.mn»m8m_:<_ m_:nm_.m_<\Page 314 of 412 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 47 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT 2017 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE, STATE OF COLORADO PERTAINING TO THE ROTOLO PARK SHELTER PROJECT WHEREAS, in November 2003 and in November 2011, 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 for the 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 funds from its Open Space Fund to municipalities and special districts; and WHEREAS, the City of Englewood submitted an application for the award of grant funds from the Open Space fund 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 Rotolo Park Shelter Project by the passage of Resolution No. 7, Series 2017; and WHEREAS, the City of Englewood has been awarded an Arapahoe County Open Space Grant in the amount not to exceed $50,000 with a cash match of $13,200 for the Rotolo Park Shelter Project (“Grant Project”); and WHEREAS, this Ordinance will authorize the Intergovernmental Grant Agreement between the Board of County Commissioners of Arapahoe, State of Colorado for the Belleview Park Improvement Project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Grant Agreement between the City of Englewood, Colorado and the Board of County Commissioners of Arapahoe, State of Colorado for the Rotolo Park Project, attached as “Attachment 1”, is hereby accepted and approved by the Englewood City Council. A copy of Exhibit A to Attachment 1 (the Grant application) is available in the Office of the Englewood City Clerk. 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. Page 315 of 412 Read by Title and passed on final reading on the 3rd day of July, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 6th day of July, 2017. Published by title on the City’s official website beginning on the 5th day of July, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Page 316 of 412 1 INTERGOVERNMENTAL AGREEMENT REGARDING 2017 GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECT NAME: ROTOLO PARK SHELTER _____________________________________________________________________________________________________________ This Intergovernmental Agreement (“Agreement”), is made and entered into by and 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 1, 2011, 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 May 16, 2017 the County approved the Grantee’s Grant Proposal for the Rotolo Park Shelter ("Grant Project"), which is attached hereto and incorporated by reference 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: 1. Amount of Grant. The County hereby awards Grantee an amount not to exceed $50,000 ("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 transferred within 45 days of the execution of this Agreement. The required method used by the County for transfer of the Grant Funds is by ACH Authorization. ACH Authorization form must be submitted with the IGA for execution. Grantee agrees to this method. 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 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 Page 317 of 412 2 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. Required Sign at Project Site. The County agrees to provide a standard sign 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. 10. Report Requirements. On or before January 31st and July 31st 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 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 Page 318 of 412 3 Grant Funds used in compliance with the Open Space Resolution; supporting 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 Funds until the violation is remedied or after such other time period as determined by the County. Page 319 of 412 4 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 by law. 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. 19. 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 and GRANTEE: Page 320 of 412 5 City of Englewood 1000 Englewood Parkway Englewood, CO 80110 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. Page 321 of 412 6 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: GRANTEE: By:____________________________ By:__________________________________ Name Name Title Title ATTEST: COUNTY OF ARAPAHOE STATE OF COLORADO By:____________________________ By:__________________________________ Name Shannon Carter, Director, Intergovernmental Title Relations and Open Spaces Pursuant to Resolution No. 170252 Page 322 of 412 _u3_.mQ_3no._..3m:o: mama.“nm.8mo2”m3m__ Pd_.mn.?.2_um“nosm?cnsos _u3_.m2._.:_m”20.8.0_um2Am:m_$. >an_«mmmEb»m._._:3:m?mmrm:m_m<<ooQ.mo?o Q2oacsinozuoazmq>_&_um:omno.5?” mumnoo&_:m.8mA3cm~cm.3qmn_3m_ammammmw §_§_9$.mwmm3._.o:m_.Eam”-Ho$3mmH 083mmn_cmm.nmmoboo nmm:_<_m~n:.33:mmhoo _ vmqnmznmmm24o.8_3o_.mn.nN?x. 33._u3_.m2>3oc:.nmmwboo mxmnca<mm:33mJ::5Q29.m:m_m<<oon_<5:cm_:m8___:mm:92Hm.xNm.>U>no3_u__m3 m:m_$qm&.mnm382.5_~o.8_o_um1A_u_m<m3c:n_.>n_n=:o:m_U332m_m3m:.G_:n_cgmm: 92.33m_n_m<<m_w3.,mnnmmm=u__:<magno::mn:<:<.N233SE3manamznsmmQmm: «mnmn$n_m.mam.mwasm2__.:5_..o:mm:o_n_m31%mqmmmam_..:mn_o3_:m~m_<_o<<m1:no3mmag Smn:__q«m:mag..m3___mm.403:.__m:m_m_.._uo}oon_<<___m«mm.._<.83.:$03:m<_:mm:92 m:m_Hmq\u_n:_nmqmm.<<:_.._:Emcmma2,6<33.Emno33:::<.3523m:92.%%§_mag mm..m_u_m<m_.oSa<<:_n:>nom_..mm33%mag_...mn:mn_:_ma3cm__..m.8__mn_muzsm~03.._.:m uqouomma...=m_§u3_.m2<<=_msrmznmSmu_m<m3c:n__u3_.m2u<_o8<.n___..mmmm?m_.mm9:3 _:n_m_.:m32832magm:8_133Emma:cmzmm?zmm___o_m<m3::n_mam_um2Acmma.._._..m _3m:qma_.mmc_.1:_:m.8___:mmm_..m_.8q_m8UzsmSmmz?qSmno3:.E:_.2.3m.mmnu.. _u_m<mqmmman._u3<_n_mEn:_n\mmm::m\_.m.£.nmn__Emm3a:5:n:__n_qm:mm<<m__mmm__.. >m>_u>:omonmzm_mmur__mz.2 >n_o__nm3_3no:.:m:o: 2.3.9 Q?9"m_..m_m<<ooa >an_8mm_88 m_._m_m<<ooq31255 m:m_m<<oon_.no mSS-~wd _u23m2 noz?mnn _<:._um<mrmm .219 oum:mumnm_<_m:mmm_, .am_mu_..o:m”wowqm~-~mm.\. m3m__“q_mm®m:m_m<<oon.._mo<.oqm 3.33 3:52 _3.oq3m.a Eqqiozi nansma30:5 cm3.55 2m3m” >%_«mmm_ nos?mnn ._._:m” .am_m_u:o:mu m3m__” _um_.:..m_.xmmuo:m__u___:mm” .0: 3 3 won.3 HNEU:> N95 >_.m_um_._omno:..:<Gum:mumnmm_.m_.:>u_u=nm:o=2 M3233 Q3Q m3n=Q33? um:>I >u_u=nm:o:_uo..3 .Page 323 of 412 Page 324 of 412 Page 325 of 412 Page 326 of 412 Page 327 of 412 Page 328 of 412 .._ 3...; Z.._S Em:m E_ . ,___ County Grant Total ProjectCashMatchIn-Kind Match Funds $13,200 Sources of Funds ‘ Arapahoe County Oen Sace Applicant Cash Match (Specify)Partner Cash Match/Other Funding Source (Specify)Partner Cash Match/Other Funding Source Requirements:Total Project Amount:$63,200.00 In-kind Match:$0.00 Total Project w/out In-kind:$63,200.00 Cash Match Percentage Require 10.00% Project Cash Match $13,200.00 Minimum Met:Y or N $50,000 3313,200 $63,200 Applicant:City of Englewood Project Title:Rotolo Park Shelter Use for Planning and Small Grant Applications Only Date Secured Jun-17 Required Cash Match Amount: Summary Budget Form Year:2017 $6,320.00 $0 $0 $0 Page 329 of 412 v:—_|b City of Englewood DETAILEDEXPENSEWORKSHEET NUMBER Category Description Line Item Detial ACOS Grantee Partner All TOTAL Code (Or In-Kind Description)Description Grant Cash Match Cash Match In-kind Match Mobilization $5,160.00 $5,160.00 $0.00 Demolition $1,712.00 $1,712.00 $0.00 Site Improvements $0.00 Grading $1,692.00 $1,692.00 Sidewalk $11,700.00 $11,700.00 Irrigation,Soil Preparation and Sod $4,896.00 $4,896.00 $0.00 Site Amenities $33,404.00 $4,636.00 $38,040.00 Shelter,Picnic Tables, BBQGrill,Bench,Trash Recptacle ACTUALTOTALS —$50,000.00 $13,200.00 $0.00 $0.00 $63,200.00 Applicant:City of Englewood Project title:Rotolo Park Shelter Februag 1,2017 Use for All Grant ApplicaitonPage 330 of 412 Page 331 of 412 A wm_mnmo:9:25Dcmmmosmn H.UmmnzamEm_ua2.mnamom_.mxamsa9.mnoummaamxumnama325.mmmumn?nnzmncmm5:2 Em _uao_.mnH<<____uao<Em.ncmazzmm.mam.uao_.m2m_m3m_...G.:mm:.__Em ca_uao_.mmano3uo:m:.B.maa n_m=<mam_o_mm.QmncmmEmncaama:mosaic:2Emuao_.mnamnmmaa<<:m.13uao<m3m_.:moa Emammmmam_um_a.muaouommamag<E<._uao<Emn_m3__mn_3m_um._u_m:mman_u:o.8mS 3:m. 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EmnonEamm30.2310.3m_.o«um}«mqmmmm:m_:n__.amn:m:_:m.3:2.mzammmo:_um1$.cmnmcmmo3.._._mum_._G:mmamm:q mammnmm?mu_umm_8Emno3:._::3..>=:..m_.oqvmqxqm:o<m.:o:m <3:::am~mo25308.qmm?:m:a*mm.n.E=:<mEn:mm_um<o:a EazmmamnEm:m:a<5::mma3 _:n_:n_mmaE:o:m__u:c__n o_u_mo:::Emm. v_m<w8::q :um_.mn_mm_mzmzma.«mmn3o3m.mamcum:mumnmmag:mE«m_m_.mmm?<:m3:2 m:mma<no3n_m$3. o>noanzmi<<m=2<m<m.nrium.man2...m:‘oo3m §.=ml.._.mE n_._.<ommzmrmsooaEaaas_~m%m>:oz 25%55Page 370 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Eric Keck DEPARTMENT: City Manager's Office DATE: July 3, 2017 SUBJECT: Building Use Tax Ordinance Amendment DESCRIPTION: Building Use Tax Ordinance Amendment RECOMMENDATION: Staff recommends that the Council adopt the ordinance that amends Title 4, Chapter 4, of the Englewood Municipal Code 2000, pertaining to the imposition of use tax, all within the City of Englewood, Arapahoe County, Colorado. PREVIOUS COUNCIL ACTION: Building Use Tax was discussed at the following meetings: Council Study Session of 8 May 2017 Council Regular Meeting of 5 June 2017 Council Study Session of 12 June 2017 Council approved a bill for ordinance on its first reading at the regular meeting on 19 June 2017 SUMMARY: The subject of Building Use Tax has been studied extensively by the Council in 2017 and the subject has been brought forward with a sense of urgency by the Englewood School District with the imminent construction of new elementary schools. Title 4 of the Englewood Municipal Code will need to amended in a narrow means in order to allow for public schools to be exempted from the payment of the Building Use Tax. The first proposed amendment of the EMC would need to occur in Section 4-4-4-3 as follows: 4-4-4-3(A)(7). For transactions consummated on or after January 1, 1986, the City's sales tax shall not apply to the sale of construction and building materials, as the term is used in Section 29-2-109, C.R.S., if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to the City evidencing that a local use tax has been paid or is required to be paid, or that such purchaser presents a building permit or other documentation acceptable to the City evidencing that such purchaser is exempt from payment of Use Tax pursuant to 4-4-5-2. The City Council has examined the current narrative of Title 4 Municipal Finances and Taxation and determined that Section 4-4-5-2 relating to Use Tax should also be amended to reflect and Page 371 of 412 honor the tax exempt status of public school districts as well as to ensure that the City of Englewood is not left responsible for the construction of public improvements required by a school project. The following amendment has been proposed: 4-4-5-2(D). Nothing herein contained shall be deemed to exempt from the tax levied by Subsection 4-4-5-3B on the storage, use or consumption of any tangible personal property to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in subsection A5 above, except any tangible personal property to be used by a contractor for construction projects associated with any capital improvement project of any public school district,for which bond financing has been approved by majority vote of the applicable electors of such public school district, shall be deemed exempt. All costs associated with municipal infrastructure projects connected to such school district construction project(s) will be the responsibility of the public school district, and will be completed in conformance with City regulations, including but not limited to crosswalks, lighting, curb and guttering, utility lines, and roadway access. These proposed amendments emanated from Council's discussion on Monday 12 June 2017 and reflect the consensus direction on the matter. FINANCIAL IMPLICATIONS: The City will no longer work to assess Building Use Tax to the Englewood School District, or any public school district constructing facilities within the City of Englewood. ATTACHMENTS: Council Bill CB 48 related to Use Tax Page 372 of 412 BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 48 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO IMPOSITION OF USE TAX, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, Title 4, Chapter 4 of the Englewood Municipal Code, as adopted by Ordinance, sets forth the parameters for imposing the sales and use tax within the City of Englewood, and defines “Use Tax” as “[T]he tax to be paid or required to be paid by a consumer for using, storing, distributing or otherwise consuming tangible personal property or taxable services inside the City.” WHEREAS, E.M.C. 4-4-5-2(A)(5) exempts from Use tax the United States government, the State of Colorado, Colorado institutions, or political subdivisions of Colorado, all in their governmental capacities only, and religious, charitable, and eleemosynary institutions in the conduct of their regular religious or charitable functions; WHEREAS, E.M.C. 4-4-5-2(D) provides that “Nothing herein contained shall be deemed to exempt from the tax levied by Subsection E.M.C. 4-4-5-3B on the storage, use or consumption of any tangible personal property to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in subsection A5”; WHEREAS, the City of Englewood desires to modify E.M.C. 4-4-5-2(D) to exempt capital construction projects of public school districts financed with public funds following public vote, as such capital construction projects incorporate and provide for the costs of municipal infrastructure arising out of such construction projects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 4, Chapter 4. Title 4, Chapter 4 of the Englewood Municipal Code shall be amended as follows: 4-4-4-3: - Exemptions to Sales Tax. A. Exempt Items: The sale of the following classes of tangible personal property are exempt from the tax imposed by Section 4-4-4-2: 1. Motor vehicles, trailers and semi-trailers, registered outside of the City. 2. Sales of tangible personal property where both the following conditions exist: a. The sales are to parties who are residents of, or doing business in, the State of Colorado, but outside the City; and Page 373 of 412 b. The articles purchased are to be delivered to the purchaser outside the City by common carrier or by the conveyance of the seller or by mail. 3. Sale of fuel used for the operation of internal combustion engines. 4. Sale of medicine, medical supplies, orthopedic braces and appliances, dental appliances, hearing aids, crutches, wheel chairs, eye glasses or other mechanical contrivances when purchased with a licensed practitioner's written prescription. 5. Sales of food products which are to be consumed off the premises of the vendor. As used herein "food" means food which is advertised or marketed for home consumption and sold in the same form, condition, quantities and packaging as is commonly sold by grocers. The term includes cereals and cereal products; milk and milk products; meat and meat products; fish and fish products; eggs and egg products; vegetables and vegetable products; fruit and fruit products; sugar, sugar products and sugar substitutes; coffees and coffee substitutes; teas, cocoa and cocoa products; spices, condiments, salt and oleomargarine. The term "food" does not include chewing gum; spirituous malt or vinous liquors; cocktail mixes; proprietary medicines; nostrums; lozenges; tonics; vitamins and other dietary supplements; water, mineral water and carbonated water marketed in containers; ice; pet foods; food or drink purchased and used by a business or commercial entity by serving to customers or employees (not resold); food or drink furnished, prepared or served for consumption at tables, chairs or counters or from trays; glasses, dishes or other tableware provided by the retailer; prepared food or drink sold by retailers who regularly sell for consumption on or near the premises of the retailer even though such food or drink is sold on a "take out" or "to go" order and is bagged, packaged or wrapped and taken from the premises of the retailer; and food or drink vended by or through machines on behalf of a vendor. 6. Sales of goods manufactured within the City and sold directly by the manufacturer to a common carrier operating in interstate commerce as the ultimate consumer thereof. 7. For transactions consummated on or after January 1, 1986, the City's sales tax shall not apply to the sale of construction and building materials, as the term is used in Section 29- 2-109, C.R.S., if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to the City evidencing that a local use tax has been paid or is required to be paid, or that such purchaser presents a building permit or other documentation acceptable to the City evidencing that such purchaser is exempt from payment of Use Tax pursuant to 4-4-5-2. 8. Sales of newspapers and magazines. 9. Sales of tangible personal property at a garage sale as defined herein and not in violation of 15-16-2 EMC. B. Exempt Taxpayers: Sales to the following classes of taxpayers shall be exempt from the tax imposed by this Chapter: 1. Sales to the United States government; to the State of Colorado, its departments or institutions and to the political subdivisions thereof, in their governmental capacity only; in all sales to the City; providing, however, that no commercial, industrial or other banking institution, organized or chartered by the United States government, any agency or department thereof, or by the State of Colorado, shall be considered a governmental institution for the purpose of this exemption. 2. Sales to religious, charitable and eleemosynary institutions, in the conduct of their regular religious, charitable and eleemosynary functions and activities. Page 374 of 412 3. Nothing herein contained shall be deemed to exempt from the tax levied by this Chapter, sales of building materials or supplies to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in subsection B1 or B2 hereof. 4. Persons purchasing tangible personal property at a garage sale as defined herein and not in violation of 15-16-2 EMC. C. Burden of Providing Exemptions; Disputes: The burden of proof that any retailer is exempt from collecting a tax upon any goods sold and paying the same to the City, or from making return for the same, shall be on the retailer under such reasonable requirements of proof as the City may prescribe. Should a dispute arise between any purchaser and seller as to whether or not any retail sale is exempt from taxation hereunder, the seller shall, nevertheless, collect and the purchaser shall pay such tax; and the seller shall thereupon issue to the purchaser a receipt, or certificate, on forms prescribed by the City showing the names of the seller and purchaser, the items purchased, the date, price, amount of tax paid, and a brief statement of the claim of exemption. Thereafter the purchaser may apply to the City for a refund of such taxes and it shall then be the duty of the City to determine the question of exemption. In any case where the City refunds any taxes, it may collect from the retailer the amount of taxes retained by him/her as a fee which is attributable to the transaction. 4-4-5-2: - Exemptions to Use Tax. A. The tax or excise levied by Section 4-4-5-1 is hereby declared to be supplementary to the tax levied by Section 4-4-4 hereof, and for this reason, the following transactions shall be exempt therefrom: 1. The storage, use or consumption of personal property, the sale of which is subject to the tax levied by Section 4-4-4. 2. The storage, use or consumption of any tangible personal property purchased for resale to this City, either in its original form or as an ingredient of a manufactured or compounded product, in the regular course of a business. 3. The storage, use or consumption of motor fuel upon which there has accrued, or has been paid, the motor fuel tax prescribed by the Colorado Motor Fuel Tax Law of 1933, or any amendments thereto. 4. The storage, use or consumption of tangible personal property which was acquired at a time when the user or consumer thereof was a nonresident of the City; provided its use or consumption is for the benefit of said user or consumer. 5. The storage, use or consumption of tangible personal property of the United States government, or the State of Colorado, or its institutions, or its political subdivisions, in their governmental capacities only; or by religious, charitable or eleemosynary institutions in the conduct of their regular religious or charitable functions; provided, however, that no commercial, industrial or other banking institutions, organized or chartered by the United States government, any agency or department thereof, or by the State of Colorado, shall be considered a governmental institution for the purpose of this exemption. 6. The storage, use or consumption of tangible personal property by a person engaged in the business of manufacturing, compounding for sale, profit or use, any article, substance or commodity, which tangible personal property meets all of the following conditions. a. Is actually and factually transformed by the process of manufacture; Page 375 of 412 b. Becomes by the manufacturing process a necessary and recognizable ingredient, component or constituent part of the finished product; and c. Its physical presence in the finished product is essential to the use thereof in the hands of the ultimate consumer. B. For transactions consummated on or after January 1, 1986, the City's use tax shall not apply to the storage, use, or consumption of any article of tangible personal property, the sale or use of which has already been subjected to a sales or use tax of another statutory or home rule municipality properly and proportionally imposed on the purchaser or user equal to or in excess of three and one-half percent (3.5%). A credit shall be granted against the City's use tax with respect to the person's storage, use or consumption in the City of tangible personal property, the amount of the credit to equal the tax paid by him/her by reason of the imposition of a sales or use tax of the previous statutory or home rule municipality on his/her purchase or use of the property. The amount of the credit shall not exceed three and one-half percent (3.5%). C. For transactions consummated on or after January 1, 1986, the City's use tax shall not be imposed with respect to the use or consumption of tangible personal property within the City which occurs more than three (3) years after the most recent sale of the property if, within the three (3) years following such sale, the property has been significantly used within the State for the principal purposes for which it was purchased. D. Nothing herein contained shall be deemed to exempt from the tax levied by Subsection 4-4-5-3B on the storage, use or consumption of any tangible personal property to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in subsection A5 above, except any tangible personal property to be used by a contractor for construction projects associated with any capital improvement project of any public school district, for which bond financing has been approved by majority vote of the applicable electors of such public school district, shall be deemed exempt. All costs associated with municipal infrastructure projects connected to such school district construction project(s) will be the responsibility of the public school district, and will be completed in conformance with City regulations, including but not limited to crosswalks, lighting, curb and guttering, utilities, and roadway access. Section 2. 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 3. 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 4. 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 5. Safety Clauses. The City Council of Englewood, Colorado, hereby finds, determines, and declares that this Ordinance 1) is promulgated under the general police Page 376 of 412 power of the City of Englewood, 2) is promulgated for the health, safety, and welfare of the public, and 3) is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that this Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 19th day of June, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of June, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of June, 2017 for thirty (30) days. Read by Title and passed on final reading on the 3rd day of July, 2017. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2017, on the 6th day of July, 2017. Published by title on the City’s official website beginning on the 5th day of July, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. 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 Page 377 of 412 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Cindy Goodburn, John Kuosman DEPARTMENT: WWTP DATE: July 3, 2017 SUBJECT: L/E WWTP Workforce Alignment and Strategy Advisement Services (WASAS) DESCRIPTION: L/E WWTP Workforce Alignment and Strategy Advisement Services (WASAS) RECOMMENDATION: The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) Supervisory Committee recommends the Englewood City Council approve, by Motion, the Carollo Engineers, Inc. Professional Services Agreement for the Workforce Alignment and Strategy Advisement Services (WASAS) Master Agreement for L/E WWTP in the total not-to-exceed amount of $100,000, which includes a contingency amount of $8,000. PREVIOUS COUNCIL ACTION: Council approval of the 2017 Littleton/Englewood Wastewater Treatment Plant Budget. SUMMARY: The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) formally evaluated the organizational structure and staffing resources in the late 1990’s. Since that time, there have been numerous organizational changes that impact our staffing levels such as the treatment facility improvements, integration of new technologies and information systems, more stringent regulatory requirements, focus on resource recovery and increased public accountability. In addition, 2017 will be a pivotal year for the L/E WWTP, as three members of our management team retire, we reach the 40th year in operation, and begin to integrate the 2016 Strategic Operational Plan. The L/E WWTP’s Strategic Plan, developed by the Executive Management Team in July 2016, identifies Leadership and Management, and Workforce Planning and Development as two of the top five the areas for improvement. Leadership to meet these challenges and embrace the emerging opportunities within our industry, and competent, engaged workforce to deliver the performance results that meet or surpass performance expectations requires an assessment of the existing organizational competencies. Furthermore, it requires an analysis of industry best practices and the resource requirements that are needed to fully leverage and engage existing staff toward achieving these best practices. To achieve this level of leadership, L/E WWTP staff developed a request for proposals and scope of work for the Workforce Alignment and Strategy Advisement Services Project. The Page 378 of 412 project will evaluate and benchmark current leadership competencies against wastewater industry best practices, utilizing a Strengths Weaknesses Opportunities Threats (SWOT) analysis or other similar analytical tool. From this analysis a portfolio of recommendations will be developed and finalized using a workshop to prioritize and implement the highest value recommendations. This assessment is necessary for the L/E WWTP to fulfill its business objectives and meet the Strategic Plan goals established. The results of the assessment will be aligned with L/E WWTP’s primary objective in meeting the needs of its customers, providing exceptional health, safety, and environmental protection and regulatory permit requirements. ANALYSIS: L/E WWTP staff extended invitations to four consulting firms to demonstrate their qualifications for completing the assessment including: • Brown and Caldwell • Carollo Engineers • CDM Smith • CH2M Two firms declined to submit proposals, CDM Smith and CH2M, leaving Carollo Engineers and Brown and Caldwell as the two proposing firms. The L/E WWTP review team determined both firms’ bids were responsive and unanimously recommended Carollo Engineers for selection. The reviewers believed the Carollo proposal was more thorough, and provided a clearer understanding and project approach which aligned with the 2016 Strategic Plan. In addition, the Carollo team includes strong individual expertise and experience directly related to each business unit of the plant and direct Utility Management experience. The Carollo proposal clearly articulates a well-defined project scope to address the overall challenges and opportunities facing L/E WWTP. FINANCIAL IMPLICATIONS: The project will operate under a Master Services Agreement with Carollo Engineers, Inc., with a not to exceed value of $100,000. This contract will be divided into Task Orders, each with their own scope of work and dollar amount. Each Task order builds upon the work completed in the previous task order and provides the foundational research and data that will drive the recommendations and High Value Tasks that have been identified for implementation. Each Task Order is also a decision making point for the L/E WWTP staff to review progress, understand the findings and decide how or if the next Task Order should proceed. 1. Task Order 1: Wastewater Utility Leadership Competencies Audit: Develop assessment framework to determine how the L/E WWTP performs relative to industry practices and established wastewater utility leadership competencies. The assessment will summarize organization strengths, current weaknesses, and strategic opportunities for continuous improvement. Task Order 1 is budgeted at $30,000. 2. Task Order 2: Practices and Competency Improvement Recommendations: Develop a portfolio of specific improvement opportunities related to business processes, decision making, communications, and approaches identified in the Competencies Audit (Task Order 1). The schedule and cost for implementation of each portfolio item will be Page 379 of 412 developed and all items will be prioritized as part of a half day prioritization workshop. Task Order 2 is budgeted at $30,000. 3. Task Order 3: Implementation of Highest Value Recommendations: Staff will report to Supervisory Committee the findings from Task Orders 1 & 2 and seek approval to fund the completion of the highest value recommendations identified within them. Task Order 3 has been budgeted between $32,000 and $40,000 and the final cost will be determined subsequent to the completion of Task Orders 1 and 2. The proposal amount has been budgeted and is available under the 2017 Professional Services Budget. Costs will be shared by the Cities of Englewood and Littleton. The proposed costs for the received two proposals are: • Carollo Engineers $92,000 • Brown and Caldwell $91,242 ATTACHMENTS: WASAS PowerPoint Presentation May 18, 2017 Supervisory Committee Meeting minutes Professional Services Agreement Page 380 of 412 Workforce Alignment and Strategy Advisement Services Englewood City Council Presentation July 3, 2017 Page 381 of 412 Environmental Scan •Strategic Planning Work Began in 2016 •Need to Intentionally Reestablish Culture •Alignment & Commitment driven By Leadership •Focused on Communications, Strategy, & Operational Excellence •2017 is Transition Year •Leadership Team Retirements –New Perspectives •Begin Implementation of Strategic Plan •Characterize Risks of Aging Asset Base •Strategically Consider Effluent Regulation Pressures •Identify Cost Saving and Revenue Generating Opportunities •Improve Transparency in Business Operations •Extract More Value Out of Existing Resources •Accelerate Future Success Page 382 of 412 Workforce Alignment and Strategy Advisement Services •Identified in 2017 Budget •Last evaluation done in late 1990’s •Workforce and Leadership Competency Analysis: Benchmark against industry (wastewater) best practices to address workforce focus area in Strategic Planning •Three Main Outcomes: 1.Analysis of Current Workforce/Leadership Competencies and Best Practices •How do our workforce competencies align with our business and benchmark against industry best practices Strengths, Weaknesses, Opportunities, Threats (SWOT) analysis •Identify areas for improvement, realignment or change 2.Recommendations for Current Workforce & Resource Optimization •Portfolio of recommendations to address issues and fortify strengths identified in the SWOT analysis •Best alignment of current staffing level •Recommendations for change 3.Change Recommendations •Organization or workplace change, focused training, utility shadowing •Training from former Utility Managers on Consultant Team Page 383 of 412 Selection Process & Cost •Advertised RFP to 4 firms: •Brown & Caldwell* •Carollo Engineers* •CDM Smith •CH2M •Carollo Engineers Proposal Recommended •Team is local and has significant, recent utility leadership experience •Best understanding of scope and clearest approach •Aligned with strategic plan and focused on capitalizing on opportunities •Assessment Cost: •Base Fee: $ 92,000 •Contingency: $ 8,000 •Total Assessment:$100,000 •Majority of Work to be completed in 2017 Page 384 of 412 Service Agreement Structure •Master Services Agreement with Carollo Engineers •One Agreement with a “not to exceed value of $100,000 •Task Orders with their own scope of work and dollar amount •Each Task Order builds upon the work completed in the previous task order •Each Task Order is a decision making point for L/E WWTP staff •Task Orders: •Task Order 1: Wastewater Utility Leadership Competencies Audit: Task Order 1 is budgeted at $30,000. •Task Order 2: Practices and Competency Improvement Recommendations: Task Order 2 is budgeted at $30,000. •Task Order 3: Implementation of Highest Value Recommendations:Staff reports findings to Supervisory Committee from Task Orders 1 & 2 and seeks approval to fund completion of the highest value recommendations identified. Task Order three has been budgeted between $32,000 and $40,000. Final cost will be determined subsequent to completion of Task Orders 1 and 2.Page 385 of 412 2017 Business Services Budget Page 386 of 412 Questions Page 387 of 412 /2//4?”LITTLETON/ENGLEWOODWASTEWATERTREATMENTPLANTCityofCityof§:‘;f,f;.,'Z:f‘3.§‘.;',:'.,'§';“;.,oLlttletonEnglewood(ans)762-2500FAX7s2—2a2nMINUTESSUPERVISORYCOMMITTEEMEETINGMay18,201710:00am.ATTENDING:EricKeckEnglewoodCityManagerMarkRelphLittletonCityManager(viaConferenceCall)BrentThompsonCityofLittleton,EngineerDaveHendersonEnglewoodPublicWorksDirectorDavidRobbinsHill&RobbinsMattMontgomeryHill&RobbinsDennisW.StoweL/EWWTPDirectorChongWooL/EWWTPEngineering/MaintenanceDivisionManagerCindyGoodburnL/EWWTPBusinessServicesDivisionManagerDanDeLaughterL/EWWTPEnvironmentalComplianceDivisionManagerJimTallentL/EWWTPTreatmentDivisionManagerShahidMalikL/EWWTPEnvironmentalServicesDivisionManagerTimGrossbachL/EWWTPPretreatmentSpecialistIIBrendaVarnerL/EWWTPExecutiveAssistantGUESTS:CynthiaLanePlatteCanyonWater&SanitationDistrict,AssistantManagerGunterRitterL/EWWTPProjectEngineerSarahReevesBrownandCaldwell1,WELCOME,APPROVALOFPRIORMEETINGMINUTES,ANDFLOWSANDLOADINGSDennisW.Stowe,Littleton/EnglewoodWastewaterTreatmentPlant(L/EWWTP)Director,openedtheMaymeetingwithreviewandapprovaloftheApril20,2017SupervisoryCommittee(Committee)meetingminutes.ACTIONTAKEN—TheSupervisoryCommitteeapprovedtheminules?omtheApril20,2017SupervisoryCommitteemeeting.DaveHendersunmoved,EricKeckrewnded,allinfavar.Therecordingsecretary,BrendaVamer,notedthatthemeetingminutesfortheMay18,2017meetingwillneedelectronicapprovalsothattheycanbeattachedtoCouncilCommunicationsfortheJune19,2017EnglewoodCouncilmeeting.BrendawillsubmitmeetingminutesforapprovaltoCommitteemembersviaemail.Thisprocesswillbeuseduntilproceduresthataremoreefficientareidentified.DennisStowesummarizedthe?owsandloadingstotheLIEWWTP.TheL/EWWTPaveragedatotal?owof21.0milliongallonsperday(mgd)duringthemonthofApril2017.Themonthly?owaverageincreasedby0.9Page 388 of 412 MINUTESSUPERVISORYCOMMITTEEMEETINGMay18,2017Page2of7mgdfromMarch2017.Thesplitoftheaveragemonthly?owsforthecitiesofLittletonandEnglewoodrespectivelywere42.1%and579%.ll.ACTIONITEMSforPresentationPopulationStudy—ChongWooChongWooreviewedtheMarch9,2017JointCouncilMeeting.Atthemeeting,theCouncilsdirectedL/EWWTPtoupdatethepopulationstudyand?owdatafortheLIEWWTPservicearea.L/EWWTPsolicitedarequestforservices?omtwoconsultantsknownintheindustrytoperformpopulationdataandforecastprojections,ClarionAssociatesandEconomicandPlanningSystems,Inc.(EPS).Clariondeclinedtosubmitaresponse,statingthatEPSwouldbebetterequippedandquali?edtoprovideservices.L/EWWTPstaffhavereviewedEPS’sresponse,andhavedeterminedthattheproposalmeetsL/EWWTP’:goalsandobjectives.Thepreviouspopulationstudywascompletedaspartofthe2013L/EWWTPMasterPlan.Inthisanalysis,datawascollectedfromDRCOG'sTrafficAnalysisZone(TAZ)information,andthecity'scensusdata.Forthisnewstudy,EPSwillincorporatemanyotherdatasourcesinadditiontothedatasourcesusedprior.EPSwillcompileallofthisdataandputitintooneGISdatabaseforanalysis.EricKecknotedthattheEPSstudywillgowellbeyondWhattheL/EWWTPhasusedinthepasttoanalyzepopulationgrowth;andthisstudywillultimatelyhelpwhomeverselectedtocomplete?owprojections.MarkRelphaskedChongtoreachouttothesanitationdistrictstomakesurethattheyareinvolvedinthisprocess.ACTIONTAKEN—TheSupervisoryCommitteeapproved[/15WWTP’srecommendationofaprofessionalservicesagreementwithEconomicandPlanningSystems,Inc.,intheamountnottoexceed$40,610.00toconductapopulationstudyfortheIJEWWTPservicearea.EricKeckmoved,DaveHendersonsecondedallayes,nonays,approvedbyallIJEWWTPstaffwillpresenttotheEnglewoodCityCouncilforconsideration.WorkforceAlignmentandStrategyAdvisementServices—CindyGoodburnCindyGoodbumbrie?ydiscussedtheWorkforceAlignmentandStrategyAdvisementServicesProject(formerlyknownastheSta?ingandSpaceNeedsAssessment)withtheCommittee,Themainchangestothescopeoftheprojectweretochangeitstitle,removespaceneedsfromthescopeofwork,andseparatethescopeofworkintothreeseparatetasksaspartofTaskOrdercontract.ThethreetasksnowgiveL/EWWTPoptions,attheendofeachtask,todecidewhethertoproceed.CindyaskedtheCommitteetodelayconsiderationofthisitemuntilshecoulddiscussinfurtherdetailwithJohnKuosman,L/EWWTPDirector.Cindyproposedvotingelectronicallyonthisactionitem.EricKeckaskedfortheCommittee,priortovoting,tobeprovidedwithanamendedscope,anarrativesummaryofthechangesmadefromthetimetheCommitteefirstsawthepresentation,andasummaryofthekeyaspectsofthedeliverablesfromCarollo.ACTIONTAKEN—EricKeckmadeamotiontohavetheUHWWTPstaffpreparethematerialsrequestedbytheSupervisoryCommitteeandsentelectronicallytotheCommittee.OncethereceivedtheSupervisoryCommitteewillvoteonthesematerialstoallowtheWorkforceAlignmentandStrategyAdvisementServicesProjecttomoveforwardtotheEnglewoadCityCouncilforapproval,soresultscanbesharedattheAugustJointCouncilmeeting.MarkRelphsecondedallayes,nonays,approvalbyulLPage 389 of 412 MINUTESSUPERVISORYCOlVllV[[TTEEMEETINGMay18,2017Page3of7III.InterceptorOwnershipDelineationIntergovernmentalAgreement—ChongWooChongWoodiscussedtherecommendationtoformalizetheagreementsbetweenL/EWWTP,theCityofEnglewood,theCityofLittleton,andtheValleySanitationDistrict.PreviousdocumentationdidnotclarifythedelineationofownershipoffourinterceptorscomingontotheLIEWWTPsite.TheL/EWWTPstaffandHill&RobbinshavebeenworkingwiththeCityofLittleton,CityofEnglewood,andtheValleySanitationDistricttodelineateownershipoftireinterceptors.L/EWWTPstaffwouldliketo?nalizetheagreementwiththeCityofEnglewood(CityofLittletonalreadyapprovedbyseparateordinance)andValleySanitationDistrictinJune2017.EricKeckthankedtheL/EWWTPstaffforprovidingexhibitsshowingtheinterceptorsandpipelines.ACTIONTAKEN—TheSupervisoryCommitteeapprovedtheMemosofUnderstanding(MOUS)withValleySanitationDistrictandtheCityoflfnglewood,whichdelineatetheOwnershipoftheInterceptorLines,whichconveyflowtotheI./EWWTP.DaveHendersonmoved,MarkRelphsecondedallayes,nonays,approvedbyall.L/EWWTPstaffwillpresenttotheEnglewoodCityCouncilforconsiderationa?erapprovalsbytheWaterandSewerBoard.INFORMATIONALITEMSforPresentationUseTaxApplicabilityAssessmentStatusUpdate—MattMontgomeryMattMontgomerydiscussedhis?m1’sresearchonusetaxes.Hill&Robbinshasconcludedthat,asamatteroflaw,theCityofEnglewoodmayimposeusetaxesonitselfandtheCityofLittletonderivedfromthebuildingandconstructionmaterialsfurnishedbyindependentcontractorstotheL/EWWTP.Mattnoted,however,thatwhetherornottheCityofEnglewoodshouldimposethesetaxesontheCityofLittletonanditselfarepoliticaldecisionswithinthediscretionoftheEnglewoodCityCouncilunderitsArticleXXpowers.Hill&Robbins,ascounseltotheL/EWWTP,cannotopineonthispoliticalquestion.EricKeckandMarkRelphappreciatedtheworkHill&RobbinscompletedonthiissuesincetherehasbeensomerecentdebatewithintheCityofEnglewoodinrelationtoUseTax.DennisStowepointedoutthatmostoftheUseTaxcomesfromoumideofthetwoCitiesthemselves.DavidRobbinssuggestedreleasingtheUseTaxMemotobothCityManagersandtheirrespectiveCityAttorneyssotheycoulddecidehowtomoveforwardwiththeirCouncils.BiogasApplicationFeasibilityStudyStatusUpdate-ChungWooChongWoodiscussedtheprogresssincelastmonth’smeeting.TheBiogasApplicationFeasibilityStudyisdesignedtoidentifytechnicalandeconomicopportunitiestoextractrenewableenergyfromtheL/EWWTPdigestionprocess.InApril,CarolloEngineersInc.conductedaworkshoptopresentitsfindingstoL/EWWTPstaff.Carollorecommendedpurchasing,constructing,andoperatingadigestergas-conditioningskidtopurifydigesterbiogastoachieverenewablenaturalgasquality.CarollobelievesthatthisaltemativewillgivetheL/EWWTPtheabilitytosellgasbacktoXcelEnergy,viathenationalpipelinesystemlocatedalongtheNorthsideoftheLIEWWTPpropertyboundary;andthattheL/EWWTPwillseeafullreturnoninvestmentwithin4-7years.Carollodevelopedaninitialcostestimateforthecapitalinvestmentintherangeof$8milliondollars.ThisprojectiseconomicallyfeasibilitybecauseofincentivesprovidedbytheFederalRenewableFuelStandard.RenewableIdenti?cationNumbers(RINs)aregeneratedandtheirproofoftitleistrackedfromtheproducertoPage 390 of 412 MINUTESSUPERVISORYCOMMITTEEMEETINGMay18,2017Page4of7theenduser.RINsaremonetizedatthetimeofsaleandretiredwhentherenewablenaturalgasisconsumed.ThemonetizationoftheseRlNsallowsforthespeedyreturnofcapitalandoperatinginvestments.IfL/EWWTPwereabletoassumethecun'entrateoftheRINs,theplantwouldseeareturnoninvestmentwithin4years.TheCommitteefurtherdiscussedfundingoptionsforengineeringdesign,legalsupport,brokerageservices,andconstruction.TheL/EWWTPstaffplanstopresentabusinesscasereporttotheCommitteeinJune,totheEnglewoodCityCouncilStudySessioninJuly,andtobothCityCouncilsduringtheAugistJointCouncilmeeting.StrategicOperatingPlan(SOP)StatusUpdate—ChungWooChongWoodiscussedthedevelopmentofa5-yearStrategicOperatingPlan(SOP)thatisdesignedtoprovideL/EWWTPwithaholisticapproachtomeetingthecurrentRegulationNo.85limitsandtoputL/EWWTPinagoodpositiontomeetRegulationNo.31inthefuture.TheSOPintendstoprovidearoadmaptoachieveoperationalexcellence,manageassets,andidentifycapitalimprovementstosustainablyprotectandextendresourcestoensurethelivelihoodofourcommunitiesandtheenvironment.AdditionallytheSOPwilladdresshighestriskofagingassetsandinfrastructure,operationalchallenges(maintenanceandstaffresources),chemicalandenergyintensivenessofprocesses,andresourcerecoveryopportunities.L/EWWTPstaffisaskingforsupportfromtheCommitteetomoveforwardinissuinganRFP(RequestforProposal)assoonaspossible,tohelpselectaquali?edengineeringconsultanttoconducttheproposedSOP.EricKecksuggestedincludinglanguageintheRFPallowingforpolicymaker‘sdirectiontoin?uencethescopeofwork.MarkRelphsuggestedaddinglanguageexplaininghowthepopulationstudyandplantcapacityshouldbecoordinatedintothisproject.RECOMMENDEDACTION—TheSupervisoryCommitteesapportedl./EWWTPstaffmovingforwardwiththeRequestforProposal(RFP)toselectaqualifiedengineeringconsultanttoconducttheproposedStrategicOperatingPlan.EricKeckmoved,MarkRelphsecondedallayes,nonays,approvedbyall.RegulatoryUpdates——DanDeLaughterDanDeLaugl1terupdatedtheCommitteeontheWaterQualityForumWorkgroupprogressandtheupcomingRulemakingHearingprocess.ThemainworkgroupforReg.85hasconcludedandL/EWWTPwassuccessfulintakingcertaintopicsoffofthetable,oneofthosewasthereductionoftheTIN(TotalInorganicNitrogen)limit.ThecurrentproposaltheWaterQualityForumWorkgroupismovingtowardsisanincentiveprogramforearlyreductionsbelowReg.85limits,whichwouldmakepennitteeseligibleforanextendedcompliancescheduleforfutureReg.31limits.Itwouldbeavoluntaryincentiveprogram;L/EWWTP,MetroWastewater,CentennialandtheCityofBoulderhaveallbeenheavilyinvolvedwiththedetailsofthisprogram.RegulatoryproposalsareduetotheWaterQualityControlCommission(WQCC)officebyMay26,2017.TheRulemakingHearingisscheduledforOctober10,2017.PartystatusrequestsareduebyAugust7,2017.DannotedthattherewouldlikelybesomelegalcostsassociatedwiththeRulemakingHearinginOctober;thelegalcostswillbedependentonhowmanypartiesgotinvolved.TheColoradoWastewaterUtilityCouncil(CWWUC)seemstobeleaningtowardssupportingthewastewatergroup.DanrecommendsthatL/EWWTPparticipateintheRulemakingHearingbyrequestingpartystatusinAugustandcontinuetoparticipateinworkgroupmeetings.Page 391 of 412 MINUTESSUPERVISORYCOMIVIITTEEMEETINGMay18,2017Page5of7DavidRobbinsdiscussedhowthisisacriticalissueforL/EWWTPbecausephosphorusandnitrogenremovalaregoingtoeventuallyrequirelargecapitalandoperatingexpensesforcompliance.TheworkthatDanisdoingisintendedtoprovidetheframeworkthatwillallowthedeferralofsomeofmajorregulatorychangesthatcouldpotentiallycostL/EWWTPmorethanahalfabilliondollars.TheL/WWWTPisengagedintheseprocessesandworkgroupstotrytoscienti?callyguidethemtowardlimitingL/EWWTP’sexposureforaslongaswecanwhilestillbeingmindfulofdienetenvironmentalimpacts.DanupdatedtheCommitteeregardingthestatusoftheRulemakingHearingprocessforReg.34andReg.35,whichistheSanJuan/GunnisonBasinRulemakingHearing.L/EWWTPpreviouslyrequestedpartystatusandsubmittedaResponsivePrehearingStatementforthishearing.Atthishearing,thereweresomeproposalsforsite-speci?ctemperaturestandardsandsomeproposalstoremovethewatersupplyusefromsegmentsoftheriver;bothofwhichareofinteresttoL/EWWTP.TheWQCDisnowproposingtokeepthechloridevalueinplaceandremovethesulfatestandardifthewatersupplyusewasremoved.L/EWWTPisinterestedintheseproposalsbecausethesetwoparametersarecontainedinthemetalsaltsthatL/EWWTPmayaddforfuturephosphomsremoval,anditmaybepossibletoremovethewatersupplyuseclassi?cationdesignationfromportionofSegment14future.Inrelationtothesite-speci?ctemperaturestandard,L/EWWTPwasconcernedthatdecisionsbytheWQCCinthishearingcouldsetaprecedentonhowtheWQCDwoulddealwiththisissuestate-wide.Wehaveexpressedourviewsandnoadditionalworkisneededforthishearingatthistime.DanDeLaughterupdatedtheCommitteeondownstreampennitsthatwererecentlyissued.L/EWWTPwasoriginallyissuedwitha5mgdreservecapacity;thesewere?owsfrompotentialdownstreamdischargersthatweremodeledwithL/EWWTPinordertocalculateL/EWWTP’sappropriatepermitlimits.Sincethattime,L/EWWTPhashadextensivenegotiationswiththeWQCDtoremovethisconceptfromL/EWWTP'spermit.TheWQCDrecentlyissuedtwoindustrialpennitswhichhada5mgd“allotment”.Thedifferencebetweenthe“allotment”andreservecapacityconceptsisnowtheWQCDhasidenti?edspeci?cdischargers,butsomeoftheidenti?edpermitsshouldnotbegivenanyassimilativecapacity,particularlyforfacilitiesdischargingundergeneralpermitsorthosethathaveonlyappliedforpreliminaryef?uentlimits(PELs).ltisL/EWWTP’spositionthatthesedownstreampennitsshouldnotbeincludedinthemodelingforourpermitlimits.L/EWWTPstaffhascommentedextensivelyonthesepermits,andtheWQCDhassinceagreedtoremovethesefacilities’?owsfromL/EWWTP’spermit.Thebiggestwinfromthisisthattheconceptofreservecapacityisdead.DavidRobbinsnotedhowHill&RobbinsandL/EWWTPstaffmountedasigni?cantcampaigntocollaboratewithotherdischargersaroundthestatetojoininandwritelettersopposingthisconcept.DanmentionedthatforthepermitsthatareoktomodelwithL/EWWTPsomespeci?cpollutants(thosethatarenotpollutantsofcommonconcernorforwhichthedownstreamfacilitieshavestringentlimitations)downstreamfacilityflowswillnotbeincludedinthecalculationsforourpermit.Theseparametersincludecyanide,temperature,andTIN.ThisisimportantbecauseL/EWWTPissubjecttoBarr-Miltonregulation,andsubjecttotheSegment14TotalMaximumDailyLoad(TMDL)forTIN;sowhennewfacilitiescomeinfordischargepermitstheyareessentiallynotgivenaloadallocation.DannotedaquickupdateonTemperature.TheWQCDhadreachedouttoL/EWWTPandMetroWastewaterregardinga?shstudyontheJohnnyDarter,whichisoneofthemoresensitivewarmwater?sh.DanmaybecomingbacktotheCommitteelookingforsupportonthisstudy.Fundsareallocatedinthe2017EnvironmentalComplianceBudgetforthisstudy.DandiscussedhowthisstudywouldbecompletedbyColoradoStateUniversity(CSU).EricKeckaskedifwehavealreadydoneastudyontheJohnnyDarter.DavidRobbinsPage 392 of 412 NHNUTESSUPERVISORYCOMMITTEEMEETINGMay18,2017Page6of7clari?edthattheymostrecentstudywascompletedonevaluatingthe?shscienceonthespeciesknowntoexistinSegment14.NewandUpdatedConnectorAddendumsStatusUpdate—TimGrossbachTimGrossbachupdatedtheCommitteeonthestatusoftheConnectorAddendums.AllbutoneoftheEnglewoodConnectorServiceAgreementAddendumswereapprovedbytheEnglewoodCityCouncilonApril17,2017.TheexceptionwastheCherryvaleSanitationDistrictAddendum,whichwasjustrecentlysigned.TheCherryvaleAddendumwillbepresentedtotheEnglewoodCityCouncilforfirstreadingonJuly5,2017.TimnotedthatfouroftheAddendumsareintheprocessofbeingrevised.Thesefour,CherryHillsVillageSanitation,SouthArapahoeSanitation,SouthgateSanitationandtheCityofSheridan,wereoriginallysignedandretumedtoL/EWWTPwithoutanycomment.Sincethen,otherConnectorAddendumshaveincludedadditionalchanges,andthereforethesefourneedtobeupdatedtomakethemconsistentwiththeotherAddendums.TheCherryvaleSanitationDistrictAddendumandthefourrevisedAddendumswerepresentedtotheEnglewoodWater&SewerBoardonMay9,2017.TheywillnotbeofficiallyapproveduntiltheWater&SewerBoardMeetingminutesareapprovedonJune13,2017.TheCherryvaleSanitationDistrictAddendumandthefourrevisedAddendumswillbepresentedtotheEnglewoodCityCouncilforfirstreadingonJuly5,2017andforsecondreadingonJuly17,2017.AllbutoneoftheLittletonConnectorServiceAgreementAddendumswereapprovedbytheLittletonCityCouncilonsecondreadingonMay16,2017.TheexceptionwastheKenCarylRanchAgreementAddendum,whichwasjustrecentlysigned,andincludesanInterpretativeMemorandumprovidedbytheKenCarylRanehlegalgroup.ThisInterpretativeMemowaspresentedtoHill&Robbinsforlegalreview,andtheircommentswereincorporatedintotheagreement.KenCarylRanchAgreementAddendumwillbepresentedtotheLittletonCityCouncilforfirstreadingonJune27,2017andforsecondreadingonJuly18,2017.MarkRelphconfirmedthattheJune27”‘LittletonCityCouncilmeetingwillbearegularsession.TheMunicipalCodewasapprovedbybothCityCouncilsinearlyAprilforfirstreading.Asthenextstep,EPArequiresa30-daypublicnoticeperiod.L/EWWTPstaffdoesnotknowwhenEPAwillnoticetheMunicipalcodechanges.DavidRobbinssuggestedsubmittingtoEPAashortletteraskingEPAtonoticethecodechanges.LIEWWTPEnergyUsageGraph—JimTallentJimTallentbrie?ydiscussedtheLIEWWTP'senergyusagegraphwiththeCommittee.L/EWWTPisactivelyinitiatingelectricalconservationprograms.ThroughApril2017L/EWWTPhasreduceditselectricalusageby2.8%fromthesameperiodlastyear.Thisis12%lowerthanthebaselineyearof2007.L/EWWTPisalwayslookingatwaystolowerelectricalusagetoreducethecostpertreatmentunit.TheL/EWWTP’sannualelectricalexpendituresarecurrentlyestimatedat1.2milliondollars.Page 393 of 412 MINUTESSUPERVISORYCOMMITTEEMEETINGMay18,2017Page7of7JointCouncilActionItemsStatusUpdate—DennisStoweDennisStowediscussedupdatesontheJointCouncilActionItemsfromthemeetingonMarch9,2017.Denniscon?rmedthenextJointCouncilMeetingwouldoccuronThursday,August17,2017.BothMarkRelphandEricKeckcon?rmedthisdatefortheirrespectiveCouncils.DennisnotedtheUseTaxMemocompetition.DennisupdatedtheCommitteeontheBennettproperty.Thereisanappraisalbeingcompletednowandwillbereadywithinacoupleofweeks.JohnKuosmanisreviewingthepreliminaryleasefromanenergycompanyinterestedinusingthepropertyforasolarfarm.L/EWWTPshouldbeabletomoveforwardwithevaluatingthatsoon.Dennismentionedtheupcomingplant,farmandindustrytours.BrendaVamernotedthatL/EWWTPstaffarecurrentlysolidifyingtimelinesforthesetoursandplanonsendingoutaninvitationtothetwoCityManagerstodistributetotheirCouncilswhenthesetimesare?nalized.DennisnotedtheapprovalforthePopulationStudyfromthismeeting,whichwillmoveusforwardonthe?owandloadstudy.FeedbackonNewLayoutofMonthlyReport—-DennisStoweOnbehalfofJohnKuosman,DennisStoweaskedtheCommitteeforfeedbackonthenewlayoutoftheMonthlyProgressReport.EricKeckstatedthatheappreciatedhavingthematerialssentoutaheadoftime,asthisiscriticalfortheCommittee’sunderstanding.MarkRelphagreed.EriclikedhowL/EWWTPistakingadditionaltimefortheinformationalitemsbecausethishaspromptedquestionsfromtheCommittee.Speci?cally,EricnotedhowimportantitwastohearfromDanDeLaughterbecausethetopicsheisinvolvedwithhavelargecostimplicationsiftheyarenotmanagedcorrectly.FeedbackonSlateCommunications—BrendaVarnerBrendaVarneraskedEricKeckandMarkRelphifitwouldbeappropriatetoreachouttothetwocities‘mayorsandaskfortheirfeedbackinregardstotheLIEWW'l'P’srebrandingeffortscurrentlybeingconductedbySlateCommunications.BothEricandMarkagreedthatthiswouldbeacceptable.IV.ADJOURNMENTThenextSupervisoryCommitteemeetingisscheduledforThursday,June15,2017.Thismeetingwillbeheldat9:00amattheLittleton/EnglewoodWastewaterTreatmentPlant.Adjoumedat10:12amRecordingSecretarySignatureBrendaJ.erThe1/11‘WWTPSupervisoryCommitteeapprovedtheWorkforceAlignmentandStrategyAdvirementServicesAgreementwithCorollaEngineers,Ine.,intheamountof$100,000,viaemailvoteonMonday,May22,2017.EricKeck,MarkRelplt,DaveHenderron,BrentThompsonallayes,nonays.The1/5WWTPSupervisoryCommitteeapprovedthesemeetingminutesviaemailanThurrdoy,JuneI,2017andFriday,June2,2017.EricKeck,MarkRelph,DaveHenderson,BrentThompsonallayes,nonayr,minutesapproved.Page 394 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA /17-10 Consulting Services at L/E WWTP PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/17-10 Workforce Alignment and Strategy Advisement Services Master Agreement for L/E WWTP $ 100,000 (not to exceed) This Professional Services Agreement (the “Agreement”) is made as of this 15th day of June, 2017, (the “Effective Date”) by and between Carollo Engineers, Inc., a Delaware 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 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 Page 395 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 PSA /17-10 Consulting Services at L/E WWTP 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 start/finish 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 the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services in the State of Colorado. Consultant agrees to exercise 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. 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 Page 396 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 PSA /17-10 Consulting Services at L/E WWTP 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 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 Page 397 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 PSA /17-10 Consulting Services at L/E WWTP 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. However, Consultant shall be entitled to keep one (1) copy of any such property, including Confidential Information, that Consultant used and relied upon in undertaking the services required hereunder. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Consultant to perform its obligations hereunder, which Consultant shall be entitled to use and rely upon. 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 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 Page 398 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 PSA /17-10 Consulting Services at L/E WWTP 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, commissions, 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. (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 Page 399 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 PSA /17-10 Consulting Services at L/E WWTP shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in accordance with the standard of care delineated in Section 3 (a) . (c) Personnel. Unless a specific number of employees is set forth in the Statement of Work, Consultant 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 Indemnitees”) 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 Indemnitee to the extent caused by : (1) any negligent 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. Notwithstanding the foregoing, in the event the subject action alleges negligence on the part of Consultant and/or City, or any third party not under contract with Consultant, Consultant’s obligations regarding City’s defense under this paragraph include only the reimbursement of the City’s reasonable defense costs incurred to the extend od Consultant’s negligence as expressly determined by a final judgment, arbitration, award, order, settlement, or other final resolution. Consultant shall not be responsible for breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to City or any third party arising out of breach of contract, termination, or for any other reason whatsoever. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s sub consultants, that impact project completion and/or success (b) Infringement. Consultant will indemnify, defend, and hold City harmless from all Indemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party; provided, however, that the foregoing indemnification obligation Page 400 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 PSA /17-10 Consulting Services at L/E WWTP 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 the term of this Agreement: (1) The Consultant shall comply with the Workers’ Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’ Compensation claims arising from performance of the work under this contract. Workers’ Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, as well as the Employers’ Liability within the minimum statutory limits. (2) Commercial General 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 three million dollars ($3,000,000) per occurrence. (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 one million dollars ($1,000,000) per occurrence. (4) Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Consultant personnel, acting alone or with 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. Page 401 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 PSA /17-10 Consulting Services at L/E WWTP (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, except as to Worker’s Compensation and Professional Liability/Errors and Omissions Insurance. Each certificate of insurance shall provide that the issuing company shall not cancel or reduce, the insurance afforded under the above policies unless thirty (30) days’ notice of such cancellation or reduction 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 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 Page 402 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 PSA /17-10 Consulting Services at L/E WWTP 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. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant’s performance of its services hereunder, and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant’s services hereunder. 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 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 Page 403 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 PSA /17-10 Consulting Services at L/E WWTP 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) & (II).] (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 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 Page 404 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 11 PSA /17-10 Consulting Services at L/E WWTP 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. (f) Estimates and Projections: In providing options of cost, financial analyses, economic feasibility projections, and schedules for potential projects. Consultant has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that my affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultants’ opinions, analyses, projections, or estimates. Page 405 of 412 Page 406 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 13 PSA /17-10 Consulting Services at L/E WWTP SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL This Schedule is attached to and made a part of the Professional Services Agreement dated _________________, 2017, between the City of Englewood (CITY) and Carollo Engineers, Inc. (CONSULTANT) for professional services for the Workforce Alignment and Strategy Advisement Services Master Agreement. 2. NAMES OF PROJECT COORDINATORS The City’s Project Manager will be Cindy Goodburn. The Consultant’s Project Manager will be David Pier, P.E. 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK The Consultant will provide technical support and expertise to support the Littleton Englewood Wastewater Treatment Plant (LE WWTP) with respect to Workforce Alignment and Strategy Advisement Services through a series of Task Orders as more specifically described herein. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) The CITY will provide data and information requested by the CONSULTANT, if available. 5. OTHER CONSULTANT RESOURCES The CONSULTANT will provide the management and technical expertise to complete the scope of work described below. These individuals consist of the following but are not limited to; project management, technical experts in wastewater treatment operations, maintenance, engineering, and utility management. 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES The CONSULTANT’s scope of work includes the following tasks and deliverables. Task Order 1 – Wastewater Utility Leadership Competencies Audit Task 1.1 – Project Management for Task Orders 1 and 2. The CONSULTANT shall provide project management services, which include the following tasks:  Prepare progress reports and invoices.  Maintain and monitor project scope, budget, and schedule.  Provide administrative guidance and supervision of staff, including project planning. Page 407 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 14 PSA /17-10 Consulting Services at L/E WWTP Task 1.2 – Project Kick-off Meeting. The CONSULTANT will coordinate and facilitate a project kickoff meeting to review the scope of work, project schedule and develop and define the CITY’s goals and objectives for Task Orders 1 and 2. The kickoff meeting will briefly review existing documentation, identify utilities and sources of data to consider, and benchmark data from other utilities. The CONSULTANT shall prepare and provide the meeting agenda and meeting summary to the CITY. Task 1.3 – Develop SWOT Assessment Framework. The CONSULTANT will develop a draft strengths, weaknesses, opportunities, and threats (SWOT) assessment framework to determine how the LE WWTP performs relative to industry best practices for wastewater utility leadership competencies. The CONSULTANT will meet with the CITY to review and refine the draft. The CONSULTANT will revise and finalize the SWOT assessment framework based on input and feedback from the meeting. Task 1.4 – Conduct Interviews. The CONSULTANT will conduct up to 8 one-on-one interviews with LE WWTP staff or cross-functional focus groups to populate the SWOT Assessment using the framework from the previous task. The CONSULTANT assumes each interview will last up to 1 hour. Task 1.5 – Draft Wastewater Utility Leadership Competencies Audit. The CONSULTANT will develop a draft Wastewater Utility Leadership Competencies Audit using the SWOT assessment, based on the results of the interviews from the previous tasks. Task 1.6 – Revise and Finalize Wastewater Utility Leadership Competencies Audit. The CONSULTANT will meet with the CITY to discuss the draft Wastewater Utility Leadership Competencies Audit, then finalize the Wastewater Utility Leadership Competencies Audit using input from the meeting and written comments received from the CITY. Deliverables for this Task Order include the following:  Monthly Progress Reports and Invoices; PDF files provided by email to the CITY’s Project Manager.  Meeting agendas, meeting summaries; PDF files by email.  Interview summaries; PDF files by email.  Draft Wastewater Utility Leadership Competencies Audit; five (5) copies will be provided on request along with PDF files.  Final Wastewater Utility Leadership Competencies Audit; five (5) copies will be provided along with PDF files. Task Order 2 – Wastewater Utility Leadership Competencies Recommendations Task 2.1 – Draft Recommendations. CONSULTANT will develop a draft list of recommendations in matrix form, cross-referenced against the SWOT analysis from the Wastewater Utility Leadership Competencies Audit, with a recommended set of priorities to address competencies identified in the benchmarking process from Task Order 1. The draft matrix will be sent to the CITY's Project Ma nager for review and revision in advance of the Task 2.3 workshop. Page 408 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 15 PSA /17-10 Consulting Services at L/E WWTP Task 2.2 – Recommendations Workshop. A half-day workshop will be held at the LE WWTP to discuss, review, and refine the recommendations matrix and to refine the priorities for implementation. Task 2.3 – Recommendations Memorandum. CONSULTANT will develop a draft project memorandum to document the recommendations as further developed at the workshop. CONSULTANT will address CITY comments, and issue a final memorandum. Deliverables for this Task Order include the following:  Monthly Progress Reports and Invoices; PDF files provided by email to the CITY’s Project Manager.  Meeting agendas, meeting summaries; PDF files by email.  Draft Recommendations Memorandum; five (5) copies will be provided on request along with PDF files.  Final Recommendations Memorandum; five (5) copies will be provided along with PDF files. Task Order 3 – Implementation of Highest Value Recommendations Task Order 3 will include implementation of the highest value recommendations from Task Order 2, as directed by the CITY upon conclusion of Task Order 2. An allocation of project funding has been reserved for this Task Order. Deliverables are to be determined based on the findings and recommendations of previous Task Orders. 7. SPECIAL TERMS, IF ANY None identified. 8. MODE OF PAYMENT The CITY and CONSULTANT have established a not-to-exceed budget of $100,000 for the scope of services described in this letter. CONSULTANT shall submit the deliverables for Task Orders 1 and 2 within six (6) months from written Notice to Proceed. 9. PAYMENT SCHEDULE CITY will pay CONSULTANT for the work in accordance with the following payment schedule. All payments to CONSULTANT are contingent on CONSULTANT’s satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon CITY’s written confirmation to CONSULTANT that the Deliverables-Milestones have been satisfied. Performance Milestone Payment Schedule % of Total Budget Notice to Proceed $0 0% Page 409 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 16 PSA /17-10 Consulting Services at L/E WWTP Kick-Off meeting conducted and minutes submitted to CITY. SWOT Assessment Framework submitted to CITY. Invoice #1 includes project management, Task 1.2, and Task 1.3 services. $12,000 12% Conducted interviews and submitted summaries to the CITY. Submitted draft WULC Audit to the CITY. Invoice #2 includes project management, Task 1.4, and Task 1.5 services. $18,000 18% Submitted final WULC Audit to the CITY. Invoice #3 includes project management, Task 2.4, and Task 2.5 services. $6,200 6.2% Submitted Draft Recommendations to CITY. Held Recommendations Workshop. Invoice #4 includes project management, Task 2.1, and Task 2.2 services. $15,400 15.4% Final Recommendations Memorandum submitted to CITY Invoice #5 includes final payment. $8,400 8.4% Task Order 3 Deliverables (To Be Determined) $40,000 40% TOTAL $100,000 100% 10. SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by CONSULTANT. Page 410 of 412 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 17 PSA /17-10 Consulting Services at L/E WWTP Performance Milestone Responsible Party Target Date (Calendar days) Task Order 1 Notice to Proceed CITY TBD (Day 0) Kick-Off Meeting CONSULTANT Day 25 Conduct Interviews and On-Site Visits CONSULTANT Day 46 - 50 Draft Wastewater Utility Leadership Competencies Audit CONSULTANT Day 90 Task Order 2 Notice to Proceed CITY Day 110 Draft Recommendations Memorandum CONSULTANT Day 160 11. ACCEPTANCE AND TESTING PROCEDURES Not applicable. 12. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by CONSULTANT at its regular office located in Littleton or Broomfield, Colorado. CITY will provide the CITY office space and support as it agrees may be appropriate, at its Littleton Englewood WWTP facility. 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