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HomeMy WebLinkAbout2017-08-07 (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, August 7, 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 July 17, 2017. City Council Regular - 17 Jul 2017 - Minutes - Pdf b. Amended Minutes from the Regular City Council Meeting of July 3, 2017. City Council Regular - 03 Jul 2017 - Amended 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. Joe Anderson will present the Neighborhood USA Best Neighborhood Award Program recognition for the Be a Tool Program. Neighborhood USA Award Program - Pdf b. Kathleen Bailey, an Englewood resident, will present Council with an overview. c. Doug Cohn, an Englewood resident, will address Council regarding historic preservation. 7. Recognition of Unscheduled Public Comment Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. (This is an opportunity for the public to address City Council. There is an expec tation 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. 2017 GFOA Distinguished Budget Presentation Award Award b. Big Brothers Big Sisters of Colorado Week Proclamation Page 1 of 110 Englewood City Council Regular Agenda August 7, 2017 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Big Brothers Big Sisters of Colorado Week 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. IGA with Arapahoe County for Coordinated Election Services Council Bill 51 Staff recom mends Council approve a Bill for an Ordinance for an Intergovernmental Agreement between the City of Englewood and Arapahoe County for the November 7, 2017 Coordinated Election. Staff: Acting City Clerk Stephanie Carlile ii. Community Development Block Grant Program IGA Council Bill 49 Staff recommends Council approve a Bill for an Ordinance authorizing th e execution of an Intergovernmental Subgrantee Agreement for the 2017 Arapahoe County Community Development Block Grant Program between the Arapahoe Board of County Commissioners and the City of Englewood. Staff: Senior Planner Harold Stitt b. Approval of Ordinances on Second Reading. c. Resolutions and Motions i. Planning and Environmental Linkages Study for Santa Fe Blvd Resolution in Support of CDOT Performing a PEL - Pdf Staff recommends that the City Council approve a Resolution in support of the Colorado Department of Transportation performing a Planning and Environmental Linkages Study on Santa Fe Boulevard between Interstate 25 to Colorado 470. Staff: City Manager Eric Keck 10. Public Hearing Items a. Public Hearing for the adoption of the International Fire Code and amendments. Public Hearing - Amendments to the International Fire Code - Pdf Public Hearing on adopting a Bill for Ordinance amending Title 8, Chapter 2, Article E of the Englewood Municipal Code 2000 pertaining to the InternationalFire Code. Staff: Fire Marshal Laura Herblan 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. ServiCenter Roof Replacement Contract for ServiCenter Roof Replacement - Pdf Staff recommends Council approve, by motion, contract #CFC/17-18 to Garland/DBS Inc., in the amount of $271,806 to replace the roof on the main Page 2 of 110 Englewood City Council Regular Agenda August 7, 2017 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. building at the ServiCenter. Staff: Facility Services and Maintenance Manager Dan Long 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 3 of 110 MINUTES City Council Regular Meeting Monday, July 17, 2017 1000 Englewood Pkwy – Council Chambers 7:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Jefferson at 7:01 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 Eric Keck City Attorney McKenney Brown City Clerk Ellis Acting City Clerk Carlile Director Rinkel, Finance and Administrative Services Director Brocklander, Information Technology Director Brennan, Utilities Director Hargrove, Parks, Recreation, Library and Golf Deputy Police Chief Watson, Police Department Open Space Manager Lee, Parks and Recreation Recreation Program Facility Supervisor Anderson, Parks and Recreation Page 1 of 13 Draft Page 4 of 110 City Council Regular July 17, 2017 Recreation Services Manager Sack, Parks and Recreation Engineering and Maintenance Manager Woo, Littleton/Englewood Wastewater Treatment Plant Recreation Program Manager Wallace, Parks and Recreation Customer Service Supervisor Fritz, Parks and Recreation Customer Service Representative Schnell, Parks and Recreation Day Camp Supervisor Zezulak, Parks and Recreation Technical Support Specialist II Munnell, Information Technology 5 Consideration of Minutes of Previous Session a) Minutes from the Regular City Council Meeting of July 3, 2017. Moved by Council Member Rita Russell Seconded by Council Member Steve Yates TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 3, 2017. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell (Moved By) x Steve Yates (Seconded By) x 5 0 1 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) Recreation Services Manager Joe Sack recognized Englewood resident Leslie Anderson, Englewood Recreation Aquatic Staff Sara Mize, Regina Evans, A.J. Rivera and Englewood Recreation Guest Service Staff Susan Schnell and Gina Zezulak for their quick response to a medical emergency. b) Kathleen Bailey, an Englewood resident, addressed Council regarding conduct at a recent Study Session. c) Coween Dickerson, an Englewood resident, addressed Council regarding her concerns with the speed limit on residential streets. 7 Recognition of Unscheduled Public Comment a) Doug Cohn, an Englewood resident, addressed Council regarding the history of the General Ironworks Factory. Page 2 of 13 Draft Page 5 of 110 City Council Regular July 17, 2017 Council responded to Public Comment. 8 Communications, Proclamations, and Appointments a) Recognition of newly appointed and reappointed Board and Commission Members. Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine Motion to appoint alternate Jerry Walker as a member of the Code Enforcement Commission. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Laurett Barrentine (Seconded By) x Rita Russell (Moved By) x Steve Yates x 6 0 0 Motion CARRIED. 9 Consent Agenda Items Moved by Council Member Steve Yates, seconded by Council Member Amy Martinez to approve Consent Agenda Items 9 (b) (i - vi) and 9 (c) (i - iii). Council Member Laurett Barrentine removed Agenda Item 9 (b) (iii) from Consent Agenda. Council Member Rita Russell removed Agenda Items 9 (b) (i) and 9 (c) (i - iii) from Consent Agenda. a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (See agenda item 11(a)). b) Approval of Ordinances on Second Reading. i) Amendments to Municipal Code, City of Englewood Title 12, Chapter 2 Page 3 of 13 Draft Page 6 of 110 City Council Regular July 17, 2017 Moved by Council Member Linda Olson Seconded by Council Member Steve Yates [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] ORDINANCE NO. 48 (COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER GILLIT) AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTIONS 1, 2, 3, 4 AND 5, OF THE ENGLEWOOD MUNICIPAL CODE 2000 ENTITLED WASTEWATER UTILITY. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Steve Yates (Seconded By) x 6 0 0 Motion CARRIED. ii) Amendment to Agreement with Urban Drainage and Flood Control No. 11-07.25F ORDINANCE NO. 44 (COUNCIL BILL NO. 44 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. iii) 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 Page 4 of 13 Draft Page 7 of 110 City Council Regular July 17, 2017 [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] ORDINANCE NO. 49 (COUNCIL BILL NO. 41 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. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Steve Yates (Seconded By) x 4 2 0 Motion CARRIED. iv) P.O.S.T Grant Agreement - Fiscal Agent ORDINANCE NO. 45 (COUNCIL BILL NO. 45 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. v) Belleview Park Improvements Grant Acceptance ORDINANCE NO. 46 (COUNCIL BILL NO. 46 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. Page 5 of 13 Draft Page 8 of 110 City Council Regular July 17, 2017 vi) Rotolo Park Shelter Grant Acceptance ORDINANCE NO. 47 (COUNCIL BILL NO. 47 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. c) Resolutions and Motions i) Contract with POST/GMR Coordinator Moved by Council Member Linda Olson Seconded by Council Member Steve Yates [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Motion approving a contract for the City of Englewood to act as Fiscal Agent for the Greater Metro Region (GMR) of the Peace Officer Standards and Training (POST) Grant Program Delivery Services. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Steve Yates (Seconded By) x 6 0 0 Motion CARRIED. ii) Contract with POST/GMR Assistant Coordinator Moved by Council Member Linda Olson Seconded by Council Member Steve Yates [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Page 6 of 13 Draft Page 9 of 110 City Council Regular July 17, 2017 Motion to approve the City of Englewood as Training Region Assistant Coordinator Independent Contractor for the Greater Metro Region (GMR) of the Peace Officer Standards and Training (POST) Grant Program Delivery Services Agreement. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Steve Yates (Seconded By) x 6 0 0 Motion CARRIED. iii) Big Dry Creek Diversion & Intake - Professional Final Design Services Phase II Moved by Council Member Linda Olson Seconded by Council Member Steve Yates [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Motion to approve 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. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Steve Yates (Seconded By) x 6 0 0 Motion CARRIED. Moved by Council Member Steve Yates Seconded by Council Member Amy Martinez Page 7 of 13 Draft Page 10 of 110 City Council Regular July 17, 2017 MOTION TO APPROVE CONSENT AGENDA ITEMS 9 (b) (ii), (iv), (v), and (vi). 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 6 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) Amendments to the International Fire Code Moved by Council Member Steve Yates Seconded by Council Member Laurett Barrentine COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER YATES A BILL FOR AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE E, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL FIRE CODE, 2015 EDITION, AND SUCH AMENDMENTS AS SET FORTH HEREIN, ALL WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO AND TO SET A PUBLIC HEARING ON COUNCIL BILL NO. 50, TO BE HELD AT THE REGU LAR CITY COUNCIL MEETING ON AUGUST 7, 2017 WITH PUBLICATION OF THE LEGAL NOTICE TO APPEAR ON THE CITY OF ENGLEWOOD WEBSITE ON JULY 19, 2017 AND IN THE ENGLEWOOD HERALD ON JULY 27, 2017. For Against Abstained Amy Martinez x Joe Jefferson x Linda Olson x Page 8 of 13 Draft Page 11 of 110 City Council Regular July 17, 2017 Laurett Barrentine (Seconded By) x Rita Russell x Steve Yates (Moved By) x 6 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading (see Agenda Item 9 (b) (i-vi)). c) Resolutions and Motions i) VMWare software licensing [Clerks note: Due to a clerical error this agenda item was included in the minutes of July 3, 2017. The minutes of July 3, 2017 will be amended to remove reference to VMWare software licensing.] Moved by Council Member Linda Olson Seconded by Council Member Amy Martinez Motion to approve the purchase of VMWare ESXi version 6.5 for $37,726.90 from Peak Resources, Inc. to upgrade the City's virtual computing platform to the latest supported version. 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. ii) Resolution for 2017 Budget Supplemental Appropriation for a Citywide Document Management Solution Moved by Council Member Linda Olson Seconded by Council Member Amy Martinez Page 9 of 13 Draft Page 12 of 110 City Council Regular July 17, 2017 RESOLUTION NO. 79, SERIES OF 2017 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION FOR A CITYWIDE DOCU MENT MANAGEMENT SOLUTION. 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) L/E WWTP Nitrifying Trickling Filter Pump and Motor Repair and Rebuild Project Moved by Council Member Steve Yates Seconded by Council Member Linda Olson Motion to approve a purchase order agreement with Brimhall Industrial to repair and rebuild nitrifying trickling filter pump and motor P-05-001 in the amount of $70,285. 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) L/E WWTP Dewatering Centrifuge Repair and Rebuild Project Moved by Council Member Amy Martinez Seconded by Council Member Rita Russell Page 10 of 13 Draft Page 13 of 110 City Council Regular July 17, 2017 Motion to approve a purchase order agreement with Centrisys Centrifuge Systems to repair and rebuild dewatering centrifuge CEN -06-505 in the amount of $52,000. For Against Abstained Amy Martinez (Moved By) x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell (Seconded By) x Steve Yates x 6 0 0 Motion CARRIED. v) L/E WWTP Return Secondary Sludge Pump and Motor Repair and Rebuild Project Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez Motion to approve a purchase order agreement with Brimhall Industrial to repair and rebuild return secondary sludge pumps and motors P -04-452 and P-04-472 in the amount of $63,950. For Against Abstained Amy Martinez (Seconded By) x Joe Jefferson x Linda Olson x Laurett Barrentine x Rita Russell (Moved By) x Steve Yates x 6 0 0 Motion CARRIED. vi) Appointment of Arbitrator Moved by Mayor Joe Jefferson Seconded by Council Member Laurett Barrentine Motion to appoint John P. DiFalco as the arbitrator to hear labor relations matter. Page 11 of 13 Draft Page 14 of 110 City Council Regular July 17, 2017 For Against Abstained Amy Martinez x Joe Jefferson (Moved By) x Linda Olson x Laurett Barrentine (Seconded By) x Rita Russell x Steve Yates x 6 0 0 Motion CARRIED. 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); Moved by Mayor Joe Jefferson Seconded by Council Member Linda Olson MOTION TO MOVE INTO EXECUTIVE SESSION WITH THE CITY MANAGER, CITY ATTORNEY, UTILITIES DIRECTOR TOM BRENNAN AND COUNCIL MEMBERS TO RECEIVE LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS UNDER C.R.S. SECTION 24-6-402 (4) (b). For Against Abstained Amy Martinez x Joe Jefferson (Moved By) x Linda Olson (Seconded By) x Laurett Barrentine x Rita Russell x Steve Yates x 6 0 0 Motion CARRIED. The meeting recessed at 8:30 p.m. to go into Executive Session. The meeting reconvened at 9:14 p.m. with all six Council Members present. Page 12 of 13 Draft Page 15 of 110 City Council Regular July 17, 2017 Moved by Council Member Linda Olson Seconded by Council Member Amy Martinez MOTION TO CLOSE THE EXECUTIVE SESSION. 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. b) Council Members' Choice 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR JEFFERSON MOVED TO ADJOURN. The meeting adjourned at 9:36 p.m. Acting City Clerk Page 13 of 13 Draft Page 16 of 110 [Clerks note: These Minutes were amended at the July 17, 2017 meeting – removing reference to VMWare software licensing] MINUTES City Council Regular Meeting Monday, July 3, 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 7:08 p.m. 2 Invocation The invocation was given by Council Member Russell. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Russell. 4 Roll Call COUNCIL PRESENT: Mayor Joe Jefferson Mayor Pro Tem Rick Gillit Council Member Laurett Barrentine Council Member Amy Martinez Council Member Rita Russell Council Member Steve Yates A quorum was present. COUNCIL ABSENT: Council Member Linda Olson STAFF PRESENT: City Manager Keck City Attorney McKenney Brown Assistant City Manager Robinson City Clerk Ellis Acting Deputy City Clerk McKinnon Director Rinkel, Finance and Administrative Services Director Kuosman, Littleton/Englewood Wastewater Treatment Plant Director Brennan, Utilities Chief Building Official Montanez, Community Development Business Services Manager Goodburn, Littleton/Englewood Wastewater Treatment Plant Page 17 of 110 City Council Regular July 3, 2017 Open Space Manager Lee, Parks and Recreation Commander Englert, Police Department Technical Support Specialist Munnell, Information Technology 5 Consideration of Minutes of Previous Session a) Minutes from the Regular City Council Meeting of June 19, 2017. Moved by Council Member Amy Martinez Seconded by Council Member Rita Russell TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 19, 2017. For Against Abstained Amy Martinez (Moved By) x Joe Jefferson x Laurett Barrentine x Rita Russell (Seconded By) x Rick Gillit x Steve Yates x 5 0 1 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) Coween Dickerson, an Englewood resident, addressed Council regarding communication. 7 Recognition of Unscheduled Public Comment a) Liz Weber, an Englewood resident, addressed Council regarding a fence issue. b) Rhonda Filetti, an Englewood resident, addressed Council regarding a fence issue. c) Kathleen Bailey, an Englewood resident, addressed Council regarding Citizen concerns. d) Christine McMahon addressed Council regarding West Adriatic Place. e) Doug Cohn, an Englewood resident, addressed Council regarding a citizen's fence issue. Council responded to Public Comment. Page 18 of 110 City Council Regular July 3, 2017 8 Communications, Proclamations, and Appointments Motion to approve Agenda Items 8 (a)-(ag). Moved by Council Member Steve Yates and seconded by Council Member Amy Martinez. Motion to remove 8(k) moved by Council Member Rick Gillit and seconded by Council Member Steve Yates. a) A Resolution appointing Cultural Arts Commission Alternate Rebecca Laurie-Betancourt to Regular Member. RESOLUTION NO. 46, SERIES OF 2017 A RESOLUTION APPOINTING REBECCA LAURIE-BETANCOURT AS A MEMBER TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. b) Englewood Housing Authority Alternate to Regular Member Recommendation RESOLUTION NO. 47, SERIES OF 2017 A RESOLUTION APPOINTING ERNEST ARTERBURN AS A MEMBER OF THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. c) A Resolution appointing Maria Alsubhi as a youth member of the Parks and Recreation Commission for the City of Englewood. RESOLUTION NO. 48, SERIES OF 2017 A RESOLUTION APPOINTING MARIA ALSUBHI AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. d) A Resolution appointing Hannah Braun as a member to the Historic Preservation Commission for the City of Englewood. RESOLUTION NO. 49, SERIES OF 2017 A RESOLUTION APPOINTING HANNAH BRAUN AS A MEMBER TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. e) A Resolution appointing Dylan Carpenter as a Youth Member to the Public Library Board for the City of Englewood. Page 19 of 110 City Council Regular July 3, 2017 RESOLUTION NO. 50, SERIES OF 2017 A RESOLUTION APPOINTING DYLAN CARPENTER AS A YOUTH MEMBER TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. f) A Resolution appointing Kaylie Carpenter as a youth member to the Cultural Arts Commission in Englewood Committee (CAC) for the City of Englewood. RESOLUTION NO. 51, 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. g) A Resolution reappointing David Carroll to the Cultural Arts Commisssion In Englewood Committee (CAC) for the City of Englewood. RESOLUTION NO. 52, SERIES OF 2017 A RESOLUTION REAPPOINTING DAVID CARROLL TO THE CULTURAL ARTS COMMISSION IN ENGLEWOOD COMMITTEE (CAC) FOR THE CITY OF ENGLEWOOD, COLORADO. h) A Resolution appointing Matthew J. Crabtree as a member to the Historic Preservation Commission for the City of Englewood. RESOLUTION NO. 53, SERIES OF 2017 A RESOLUTION APPOINTING MATTHEW J. CRABTREE AS A MEMBER TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. i) A Resolution appointing CJ Cullinan as a member to the Historic Preservation Commission for the City of Englewood. RESOLUTION NO. 54, SERIES OF 2017 A RESOLUTION APPOINTING CJ CULLINAN AS A MEMBER TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. j) A Resolution appointing Camille L. Cuypers to the Keep Englewood Beautiful Commission for the City of Englewood. RESOLUTION NO. 55, SERIES OF 2017 Page 20 of 110 City Council Regular July 3, 2017 A RESOLUTION APPOINTING CAMILLE L. CUYPERS TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. k) A Resolution appointing Coween A. Dickerson as a member to the Code Enforcement Advisory Committee for the City of Englewood. Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell [Clerks note: This agenda item was considered independently.] RESOLUTION NO. 78, SERIES OF 2017 A RESOLUTION APPOINTING COWEEN A. DICKERSON AS A MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Amy Martinez x Joe Jefferson x Laurett Barrentine (Moved By) x Rita Russell (Seconded By) x Rick Gillit x Steve Yates x 6 0 0 Motion CARRIED. l) A Resolution appointing Suzanne I. Dirckson as a member of the Budget Advisory Committee for the City of Englewood. RESOLUTION NO. 56, SERIES OF 2017 A RESOLUTION APPOINTING SUZANNE I. DIRCKSON AS A MEMBER OF THE BUDGET ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. m) A Resolution appointing Melinda Elswick as a member to the Historic Preservation Commission for the City of Englewood. RESOLUTION NO. 57, SERIES OF 2017 A RESOLUTION APPOINTING MELINDA ELSWICK AS A MEMBER TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. Page 21 of 110 City Council Regular July 3, 2017 n) A Resolution reappointing Amy Gallegos to the Alliance for Commerce in Englewood Committee (ACE) for the City of Englewood. RESOLUTION NO. 58, SERIES OF 2017 A RESOLUTION REAPPOINTING AMY GALLEGOS TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD COMMITTEE (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. o) A Resolution appointing Jennifer Heinrich as an alternate member to the Englewood Housing Authority for the City of Englewood. RESOLUTION NO. 59, SERIES OF 2017 A RESOLUTION APPOINTING JENNIFER HEINRICH AS AN ALTERNATE MEMBER TO THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. 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. RESOLUTION NO. 60, 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. q) A Resolution appointing Maryah Hoeft as a youth member of the Parks and Recreation Commission for the City of Englewood. RESOLUTION NO. 61, SERIES OF 2017 A RESOLUTION APPOINTING MARYAH HOEFT AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. r) A Resolution appointing Brianna M. Johnson to the Keep Englewood Beautiful Commission for the City of Englewood. RESOLUTION NO. 62, SERIES OF 2017 A RESOLUTION APPOINTING BRIANNA M. JOHNSON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. s) A Resolution appointing Julia Kiewit as a member of the Budget Advisory Committee for the City of Englewood. Page 22 of 110 City Council Regular July 3, 2017 RESOLUTION NO. 63, SERIES OF 2017 A RESOLUTION APPOINTING JULIA KIEWIT AS A MEMBER OF THE BUDGET ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. t) A Resolution appointing Jeremy Lambert to the Alliance for Commerce in Englewood Committee (ACE) for the City of Englewood. RESOLUTION NO. 64, SERIES OF 2017 A RESOLUTION APPOINTING JEREMY LAMBERT TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD COMMITTEE (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. u) A Resolution reappointing Richard Langdon to the Alliance for Commerce in Englewood Committee (ACE) for the City of Englewood. RESOLUTION NO. 65, SERIES OF 2017 A RESOLUTION REAPPOINTING RICHARD LANGDON TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD COMMITTEE (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. v) A Resolution appointing Cassandra S. Letkomiller as a member to the Historic Preservation Commission for the City of Englewood. RESOLUTION NO. 66, SERIES OF 2017 A RESOLUTION APPOINTING CASSANDRA S. LETKOMILLER AS A MEMBER TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. w) A Resolution appointing Caitlin Mercier to the Water and Sewer Board for the City of Englewood. RESOLUTION NO. 67, SERIES OF 2017 A RESOLUTION APPOINTING CAITLIN MERCIER TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. x) A Resolution appointing Lynette E. Moore as an alternate member to the Cultural Arts Commission for the City of Englewood. RESOLUTION NO. 68, SERIES OF 2017 A RESOLUTION APPOINTING LYNETTE E. MOORE AS AN ALTERNATE MEMBER TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF Page 23 of 110 City Council Regular July 3, 2017 ENGLEWOOD, COLORADO. y) A Resolution appointing Andrew M. Mullen as an alternate member to the Water and Sewer Board for the City of Englewood. RESOLUTION NO. 69, 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. z) A Resolution appointing Jay Rathbun to the Cultural Arts Commission in Englewood Committee (CAC) for the City of Englewood. RESOLUTION NO. 70, SERIES OF 2017 A RESOLUTION APPOINTING JAY RATHBUN TO THE CULTURAL ARTS COMMISSION IN ENGLEWOOD COMMITTEE (CAC) FOR THE CITY OF ENGLEWOOD, COLORADO. aa) A Resolution appointing Aaron R. Rieger as an alternate member to the Board of Adjustment and Appeals for the City of Englewood. RESOLUTION NO. 71, 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. ab) A Resolution appointing Lauren E. Rieke as a member to the Historic Preservation Commission for the City of Englewood. RESOLUTION NO. 72, SERIES OF 2017 A RESOLUTION APPOINTING LAUREN E. RIEKE AS A MEMBER TO THE HISTORIC PRESERVATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. ac) A Resolution appointing Neil Sarno as an alternate member to the Englewood Transportation Advisory Committee for the City of Englewood. RESOLUTION NO. 73, SERIES OF 2017 A RESOLUTION APPOINTING NEIL SARNO AS AN ALTERNATE MEMBER TO THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. ad) A Resolution reappointing Kristin Skelton to the Cultural Arts Commission in Englewood Committee (CAC) for the City of Englewood. Page 24 of 110 City Council Regular July 3, 2017 RESOLUTION NO. 74, SERIES OF 2017 A RESOLUTION REAPPOINTING KRISTIN SKELTON TO THE CULTURAL ARTS COMMISSION IN ENGLEWOOD COMMITTEE (CAC) FOR THE CITY OF ENGLEWOOD, COLORADO. ae) A Resolution appointing Keely Sugden to Keep Englewood Beautiful Commission for the City of Englewood. RESOLUTION NO. 75, SERIES OF 2017 A RESOLUTION APPOINTING KEELY SUGDEN TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. af) A Resolution appointing Gloria A Tate as a member to the Code Enforcement Advisory Committee for the City of Englewood. RESOLUTION NO. 76, SERIES OF 2017 A RESOLUTION APPOINTING GLORIA A. TATE AS A MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. ag) A Resolution reappointing D. Alexander Wenzel to the Englewood Local Liquor and Medical Marijuana Licensing Authority. RESOLUTION NO. 77, 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. Moved by Council Member Steve Yates Seconded by Council Member Amy Martinez MOTION TO APPROVE AGENDA ITEMS 8 (a) - (ag). Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates MOTION TO REMOVE AGENDA ITEM 8 (k). For Against Abstained Amy Martinez x Joe Jefferson x Laurett Barrentine x Page 25 of 110 City Council Regular July 3, 2017 Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 4 2 0 Motion CARRIED. Moved by Council Member Steve Yates Seconded by Council Member Amy Martinez MOTION TO APPROVE AGENDA ITEMS 8 (a) - (j) and 8 (l) - (ag). Agenda Item 8 (k) was pulled and considered independently. For Against Abstained Amy Martinez (Seconded By) x Joe Jefferson x Laurett Barrentine x Rita Russell x Rick Gillit x Steve Yates (Moved By) x 6 0 0 Motion CARRIED. 9 Consent Agenda Items Moved by Council Member Rick Gillit, seconded by Council Member Steve Yates to approve Consent Agenda Items 9 (a) (i), 9 (b) (i - x) and 9 (c) (i). Council Member Laurett Barrentine removed Agenda Item 9 (b) (viii) from Consent Agenda. Council Member Rita Russell removed Agenda Item 9 (c) (i) from Consent Agenda. a) Approval of Ordinances on First Reading i) P.O.S.T Grant Agreement - Fiscal Agent COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO AND AUTHORIZING THE CITY OF ENGLEWOOD, AS THE FISCAL AGENT FOR THE Page 26 of 110 City Council Regular July 3, 2017 PEACE OFFICER STANDARDS AND TRAINING BOARD GREATER METRO REGION TRAINING COMMITTEE. b) Approval of Ordinances on Second Reading. i) Amendments to the Mechanical Code ORDINANCE NO. 34, SERIES OF 2017 (COUNCIL BILL NO. 34 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. ii) Amendments to the Fuel Gas Code ORDINANCE NO. 35, SERIES OF 2017 (COUNCIL BILL NO. 35 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. iii) Amendments to the Plumbing Code ORDINANCE NO. 36, SERIES OF 2017 (COUNCIL BILL NO. 36 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. iv) Amendments to the Residential Code ORDINANCE NO.37, SERIES OF 2017 (COUNCIL BILL NO. 37 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 Page 27 of 110 City Council Regular July 3, 2017 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 ORDINANCE NO. 38, SERIES OF 2017 (COUNCIL BILL NO. 38 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. vi) Amendments to the Existing Building Code ORDINANCE NO. 39, SERIES OF 2017 (COUNCIL BILL NO. 39 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. vii) Amendments to the Energy Conservation Code ORDINANCE NO. 40, SERIES OF 2017 (COUNCIL BILL NO. 40 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. viii) Englewood Senior Living Center - 3555 S. Clarkson St., Vacation of Easement and Dedication of Easement Moved by Council Member Rick Gillit Seconded by Council Member Amy Martinez [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Page 28 of 110 City Council Regular July 3, 2017 MOTION TO APPROVE COUNCIL BILL NO. 41, SERIES OF 2017. Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine MOTION TO TABLE THIS AGENDA ITEM TO THE REGULAR CITY COUNCIL MEETING OF JULY 17, 2017. For Against Abstained Amy Martinez x Joe Jefferson x Laurett Barrentine (Seconded By) x Rita Russell (Moved By) x Rick Gillit x Steve Yates x 6 0 0 Motion CARRIED. Item was tabled. ix) IGA with Urban Drainage and Flood Control District for the Big Dry Creek Diversion Pipe ORDINANCE NO. 41, SERIES OF 2017 (COUNCIL BILL NO. 42 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. x) Arapahoe County Consolidated C.A.D. IGA ORDINANCE NO. 42, SERIES OF 2017 (COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER YATES) 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). Page 29 of 110 City Council Regular July 3, 2017 c) Resolutions and Motions i) Northwest Greenbelt Trail Connection Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] MOTION APPROVING A CONTRACT WITH CONCRETE EXPRESS INCORPORATED, FOR THE CONSTRUCTION OF THE NORTHWEST GREENBELT TRAIL CONNECTION, IN THE AMOUNT OF $331,400. For Against Abstained Amy Martinez x Joe Jefferson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 6 0 0 Motion CARRIED. Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates MOTION TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i), 9 (b) (i-vii) and 9 (b) (ix-x). For Against Abstained Amy Martinez x Joe Jefferson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 6 0 0 Motion CARRIED. 10 Public Hearing Items Page 30 of 110 City Council Regular July 3, 2017 No public hearing was scheduled before Council. 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 Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates 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. For Against Abstained Amy Martinez x Joe Jefferson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 6 0 0 Motion CARRIED. ii) Belleview Park Improvements Grant Acceptance Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates COUNCIL BILL NO. 46, SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR 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. Page 31 of 110 City Council Regular July 3, 2017 For Against Abstained Amy Martinez x Joe Jefferson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 6 0 0 Motion CARRIED. iii) Rotolo Park Shelter Grant Acceptance Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates COUNCIL BILL NO. 47, SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER GILLIT A BILL FOR 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. For Against Abstained Amy Martinez x Joe Jefferson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 6 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading i) Building Use Tax Ordinance Amendment Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates Page 32 of 110 City Council Regular July 3, 2017 ORDINANCE NO. 43, SERIES OF 2017 (COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER YATES) 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 x Joe Jefferson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 4 2 0 Motion CARRIED. c) Resolutions and Motions i) L/E WWTP Workforce Alignment and Strategy Advisement Services (WASAS) Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates MOTION APPROVING A CONTRACT WITH CAROLLO ENGINEERS, INC., FOR WORKFORCE ALIGNMENT AND STRATEGY ADVISEMENT SERVICES, IN THE TOTAL NOT-TO-EXCEED AMOUNT OF$100,000 WHICH INCLUDES A CONTINGENCY AMOUNT OF $8,000. For Against Abstained Amy Martinez x Joe Jefferson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 4 2 0 Motion CARRIED. Page 33 of 110 City Council Regular July 3, 2017 The meeting recessed at 9:20 p.m. for a break. The meeting reconvened at 9:27 p.m. with all six Council Members present. 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); Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates TO MOVE INTO EXECUTIVE SESSION 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). For Against Abstained Amy Martinez x Joe Jefferson x Laurett Barrentine x Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 6 0 0 Motion CARRIED. The meeting recessed at 9:28 p.m. to go into Executive Session. The meeting reconvened at 10:07 p.m. with all six Council Members present. Moved by Council Member Rick Gillit Seconded by Council Member Steve Yates TO CLOSE THE EXECUTIVE SESSION. For Against Abstained Amy Martinez x Joe Jefferson x Laurett Barrentine x Page 34 of 110 City Council Regular July 3, 2017 Rita Russell x Rick Gillit (Moved By) x Steve Yates (Seconded By) x 6 0 0 Motion CARRIED. b) Council Members' Choice 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR JEFFERSON MOVED TO ADJOURN. The meeting adjourned at 10:29 p.m. Acting Deputy City Clerk Page 35 of 110 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Eric Keck DEPARTMENT: City Manager's Office DATE: August 7, 2017 SUBJECT: Neighborhood USA Best Neighborhood Award Program DESCRIPTION: Neighborhood USA Best Neighborhood Award Program RECOMMENDATION: Council receipt of the Neighborhood USA Best Neighborhood Award Program recognition for the Be a Tool Program SUMMARY: The City of Englewood, along with Arvada and Golden, were selected as the 2nd place winner of Neighborhood USA's Best Neighborhood program for the Be a Tool Day in 2016. This is a national award and is quite an honor for the City's work with the Neighborhood Rehabilitation Program Page 36 of 110 Page 37 of 110 Page 38 of 110 Page 39 of 110 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: City Clerk's Office DATE: August 7, 2017 SUBJECT: IGA with Arapahoe County for Coordinated Election Services DESCRIPTION: IGA with Arapahoe County for Coordinated Election Services RECOMMENDATION: Staff recommends Council approve a Bill for an Ordinance for an Intergovernmental Agreement between the City of Englewood and Arapahoe County for the November 7, 2017 Coordinated Election. PREVIOUS COUNCIL ACTION: The City of Englewood has participated with Arapahoe County in conducting coordinated elections for every City of Englewood General Municipal Election since 1993. SUMMARY: Because of State Legislation and the Taxpayer’s Bill of Rights (TABOR) amendment approved by the voters in 1992, coordinated elections are to be conducted throughout the State by County Clerks. The County has the capability of coordinating this election and including the City of Englewood. The Election Commission has agreed that it is in the best interest of the electors of Englewood to conduct future elections jointly with the other political entities within the County. In order to participate in the 2017 Coordinated Election, the City of Englewood must enter into an Intergovernmental Agreement with Arapahoe County. Staff has reviewed the proposed Intergovernmental Agreement Between Arapahoe County Clerk and Recorder and City of Englewood Regarding the Conduct and Administration of the November 7, 2017 General Election and concurs with the Commission’s recommendation. FINANCIAL IMPLICATIONS: Since costs are based on several variables, e.g. the number of registered electors in the City of Englewood at the time of the election, the number of entities participating in the election, the financial impact is only an estimate. The County's estimate of our final cost is $19,237.46. ATTACHMENTS: Page 40 of 110 Council Bill 51 IGA Attachment A- Cost Estimate Page 41 of 110 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 51 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER ________________ A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 7, 2017. WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1, C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, the City of Englewood has participated with Arapahoe County in conducting coordinated elections since 1993; and WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a Coordinated Election on November 7, 2017; and WHEREAS, the ordinance shall further authorize the presiding officer of the City or other designated person to execute this Agreement; and WHEREAS, Arapahoe County and the City of Englewood desire to set forth their respective responsibilities for the Coordinated Election pursuant to the Intergovernmental Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The “Intergovernmental Agreement between Arapahoe County Clerk and Recorder and City of Englewood Regarding the Conduct and Administration of the November 7, 2017 General Election” is attached hereto as “Exhibit A”. The Intergovernmental Agreement for Coordinated Election is hereby accepted and approved by the Englewood City Council. Section 2. The City’s designated election official is authorized to sign said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 7th day of August, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of August, 2017. Page 42 of 110 2 Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of August, 2017 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for Ordinance introduced, read in full, and passed on first reading on the 7th day of August, 2017 Stephanie Carlile Page 43 of 110 Arapahoe County Elections IGA Page 1 INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY CLERK AND RECORDER AND CITY OF ENGLEWOOD REGARDING THE CONDUCT AND ADMINISTRATION OF THE NOVEMBER 7, 2017 COORDINATED ELECTION PREPARED BY: ARAPAHOE COUNTY CLERK AND RECORDER’S OFFICE ELECTIONS DIVISION 5334 S. PRINCE STREET LITTLETON, COLORADO 80120 303-795-4511 Page 44 of 110 Arapahoe County Elections IGA Page 2 THIS AGREEMENT is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, on behalf of the Arapahoe County Clerk and Recorder (hereinafter referred to as the "County") and City of Englewood (hereinafter referred to as the “Jurisdiction") (hereinafter collectively referred to as the “Parties”); and WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1, C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, pursuant to section 1-7-116, C.R.S. if more than one jurisdiction holds an election on the same day in November and the eligible electors for each such election are the same or the boundaries overlap, the County Clerk and Recorder is the coordinated election official and, pursuant to section 1–5–401, C.R.S. shall conduct the elections on behalf of all jurisdictions whose elections are part of the coordinated election utilizing the mail ballot procedures set forth in article 7.5 of title 1; and WHEREAS, the County and Jurisdiction have determined that section 1-7-116, C.R.S. applies and it is in the best interest of the taxpayers and the electors to enter into this Agreement to conduct a Coordinated Election on November 7, 2017; and WHEREAS, such agreements are authorized by State law. NOW, THEREFORE, for and in consideration of the promises herein contained, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: This election shall be conducted as a Coordinated Election in accordance with the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C.R.S.). The election participants will execute agreements with Arapahoe County for this purpose and may include municipalities, school districts, and special districts within the Arapahoe County limits and the State of Colorado. The Arapahoe County Clerk and Recorder shall be designated as the Coordinated Election Official (hereinafter “CEO”) and the Jurisdiction hereby identifies Stephanie Carlile as its Designated Election Official (hereafter “DEO). FURTHER, the Parties agree as follows: Page 45 of 110 Arapahoe County Elections IGA Page 3 SECTION I. PURPOSE AND GENERAL MATTERS 1.01 DEFINITIONS. A. “Address Library Report” means the address report from the Secretary of State voter registration system that defines street addresses and precincts within the jurisdiction. B. “Coordinated Election Official” (hereinafter “CEO”) shall mean the County Clerk and Recorder who shall act as the “coordinated election official,” as defined within the Code and Rules and, as such, shall conduct the election for the Jurisdiction for all matters in the Code and the Rules which require action by the CEO. C. "Colorado Election Code" or “Code” means any part of the Uniform Election Code of 1992, (Articles 1-13 of Title 1, C.R.S.) or any other Title of C.R.S governing participating Jurisdiction's election matters, as well as the Colorado Constitution, and the State of Colorado Secretary of State (SOS) Rules. D. “Coordinated Election" means an election where more than one jurisdiction with overlapping boundaries or the same electors holds an election on the same day and the eligible electors are all registered electors, and the County Clerk is the Coordinated Election Official for the jurisdictions. E. “Contact Officer” means the individual who shall act as the primary liaison or contact between the Jurisdiction and the County Clerk. The Contact Officer shall be that person under the authority of the County Clerk who will have primary responsibility for the coordination of the election for the Jurisdiction and the procedures to be completed by the County Clerk hereunder. F. “Designated Election Official" (hereinafter “DEO”) means the individual who shall be identified by the Jurisdiction to act as the primary liaison between the Jurisdiction and the Contact Officer and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. To the extent that the Code requires that an Election Official of the Jurisdiction conduct a task, the DEO shall conduct same. G. “IGA” or “Agreement” means this Intergovernmental Agreement between the County and the Jurisdiction for election coordination. H. “Jurisdiction” means a political subdivision as defined in § 1-7.5-103(6), C.R.S. and referenced in the Code and, in this Agreement, is interpreted to refer to [Coordinating Entity Name]. I. “Logic and Accuracy Test” means a test of all electronic and electromagnetic voting equipment to test mail, provisional and audio ballots, in accordance with § 1-7-509, C.R.S. by processing a preaudited group of ballots. J. “Mail Ballot Packet” means the packet of information provided by the CEO to eligible electors in the mail ballot election. The packet includes the ballot, instructions for completing the ballot, a secrecy envelope, and a return envelope. § 1-7.5-103(5), C.R.S. Page 46 of 110 Arapahoe County Elections IGA Page 4 K. “Post Election Audit” means such audit as set forth substantially in the Colorado Election Code. L. “Precinct” means an area with established boundaries within a political jurisdiction used to establish election districts. M. “Proposed Jurisdiction” means a jurisdiction which may be formed pursuant to this election which is not yet identified by a tax authority code in the County Assessor database. When the context of this Agreement so requires, a Proposed Jurisdiction will simply be referred to as a Jurisdiction. N. “SOS” means the Colorado Secretary of State. O. “SOS Election Calendar” means the most recent election calendar as published on the SOS website located at www.sos.state.co.us and attached hereto as Attachment B and incorporated herein by this reference. P. “TABOR” means a ballot issue that is governed by article X, § 20 of the Colorado Constitution. Q. “UOCAVA voters” means military personnel and overseas civilians who are registered to vote and receive services under the Uniformed and Overseas Citizens Absentee Voting Act of 1986 and the Military and Overseas Voter Empowerment Act of 2009. 1.02 JURISDICTIONAL LIMITATION. A. The Jurisdiction encompasses territory within Arapahoe County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Arapahoe County. SECTION II. COUNTY/JURISDICTION RESPONSIBILITIES 2.01 JOINT RESPONSIBILITIES. Nothing herein shall be deemed or construed to relieve the County or the Jurisdiction from their official responsibilities for the conduct of the election as generally set forth in the Colorado Election Code. All parties shall: B. Familiarize themselves and adhere to all applicable provisions and timelines of the Colorado Election Code while performing their official responsibilities for the conduct of the election, unless superseded by other legal authority. C. Enforce all applicable provisions of the Fair Campaign Practices Act. D. Review and execute this IGA with all required signatures on or before the deadline set forth in § 1-7- 116(2), C.R.S. Page 47 of 110 Arapahoe County Elections IGA Page 5 E. Confirm they have sufficient funds available and appropriated in an approved budget to pay their expenses for this election. 2.02 COUNTY RESPONSIBILITIES. The County shall perform the following duties: F. Designate a Contact Officer to provide assistance and information to the DEO of the Jurisdiction on matters relating to the conduct of this election. Such information shall not include legal advice. G. Maintain voter records and an address library for Arapahoe County voters within the Colorado SCORE voter registration database. Comply with Colorado Secretary of State and Arapahoe County cyber-security recommendations to protect confidential voter information. H. Send a certified list of registered voters to the Jurisdiction via secure FTP transfer. I. In order to identify which addresses are eligible to receive and vote on the Jurisdiction’s ballot question, the County shall perform the following duties for the Address Library: a. Use the Colorado SCORE voter registration database to produce an Address Library Report that indicates residential street ranges included within the boundaries of the Jurisdiction. b. Provide the Jurisdiction with the Address Library Report in an electronic format, along with an Acknowledgement Form that the Jurisdiction should use to confirm the accuracy of the ranges or note any errors, omissions, and/or corrections. c. Verify any errors, omissions, and/or corrections identified by the Jurisdiction against County Assessor data, and where appropriate, modify street ranges to accurately define the eligible electors within the Jurisdiction. J. Prepare and deliver a proposed mail ballot plan and election contingency plan to the Secretary of State no later than 90 days prior to the Election. K. Receive certified ballot content from the Jurisdiction in electronic format. Layout the text of the official ballot using the certified content without any modifications or formatting changes. Provide an electronic proof of the ballot to the Jurisdiction’s DEO via email for written approval prior to final production. Post a sample ballot to www.arapahoevotes.com. L. Determine the number and letter of each ballot issue and question for the Jurisdiction and any other coordinating jurisdictions participating in the election, in accordance with SOS Rule 4.5.2: a. If the Jurisdiction is entirely contained within Arapahoe County, the County has authority to set the ballot measure order and number. Page 48 of 110 Arapahoe County Elections IGA Page 6 b. If the Jurisdiction includes territory in more than one county, the County will coordinate with the other applicable counties for purpose of determining the controlling county and agreeing upon ballot measure numbers for shared issues and questions. M. Conduct a Logic and Accuracy Test in accordance with § 1-7-509, C.R.S. Invite the Jurisdiction to participate along with the Testing Board to verify the accuracy of electronic vote tabulation equipment. Post a public notice of the Test seven (7) days in advance. N. Provide a candidate hotline at 303-734-5365, which every candidate running for office in the Jurisdiction (if applicable) shall call to provide the phonetic pronunciation of their name as it appears on their Statement of Intent, title of the office, and Jurisdiction for which they are running. O. Prepare an accessible audio ballot for the electronic ballot marking devices to be made available to voters upon request at any Voter Service and Polling Center. P. Contract with a vendor acceptable to the SOS to print and send Mail Ballot Packets to every active registered voter and transmit ballots electronically to every active registered UOCAVA voter. Q. Publish and post the required legal notice of election pursuant to § 1-5-205(1), C.R.S. for the Jurisdiction’s ballot issues, ballot questions, and/or candidates. R. If the Jurisdiction’s election includes a TABOR issue, the County shall perform the following duties relative to the TABOR Notice: a. Provide a Microsoft Word document template for the TABOR Notice to the jurisdiction with instructions to submit its certified ballot language, pro/con statements and financial summary for each ballot question or issue governed by TABOR by the deadline listed in Attachment B. b. Prepare the TABOR Notice using the certified content provided by the Jurisdiction, without revision. c. Contract with a printing vendor to produce and mail one copy of the TABOR notice to every household where an active registered voter of the Jurisdiction resides at the least cost possible in the time frame as required by law. If the Jurisdiction is a special district, the TABOR notice also will be mailed to every eligible property owner who is not already a registered voter in Arapahoe County. The County may send the TABOR Notice to persons other than electors of the Jurisdiction in an effort to mail the TABOR Notice package at the “least cost.” d. Post the TABOR Notice on www.arapahoevotes.com. e. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to the County’s TABOR Notice services for the Jurisdiction. The Jurisdiction’s proportional share of actual costs shall be based on the County’s total expenditures relative to the TABOR Notice. S. Hire, instruct and oversee election judges and temporary workers necessary for the conduct of the election. Page 49 of 110 Arapahoe County Elections IGA Page 7 T. Establish and maintain mail ballot drop-off locations, and designate and operate Voter Service and Polling Centers as required by the Code. U. Provide trained personnel to pick up sealed ballot containers containing voted ballots from every drop-off location and Voter Service and Polling Center each business day. Provide a replacement sealed empty ballot container(s), except if the location is a stand-alone 24-hour drop-box. V. Provide the necessary equipment, the adequately trained personnel, and the secure facility, and conduct and oversee the process to receive, verify voter signatures, open, tabulate and store ballots. W. Maintain a record of every eligible voter’s registration and every ballot sent, received, voided and cast using the Colorado SCORE voter registration and election management system. X. Send letters to voters whose mail ballots are missing a signature, missing identification or have a signature discrepancy, and provide instructions and an affidavit to cure this issue within eight (8) days of Election Day for the ballot to be counted. Conduct the process to receive and verify voter affidavits and where appropriate, cure and count these ballots. Y. Maintain the following reports for all Arapahoe County eligible voters, and publish a public version (excluding confidential voters) on www.arapahoevotes.com: a. A registered voter list, including the names of eligible electors; b. A turnout list, including the names of eligible electors, precinct number, date mail ballot was sent, and date ballot was received or cast at a Voter Service and Polling Center. Z. Accept public inquiries by phone at 303-795-4511 and by email at elections@arapahoegov.com. Respond to all correspondence and calls within the County’s expertise relating to election procedures. Refer members of the public and news media to the DEO for any matters pertaining to the Jurisdiction’s race, questions, measures or operations. AA. Post unofficial election results by ballot question after the polls close on Election Night at www.arapahoevotes.com, and regularly update the unofficial results as more eligible ballots are counted. BB. Conduct a recount of the ballots cast if required by law or if requested by the Jurisdiction for any reason. In either scenario, the cost of the recount will be charged to the Jurisdiction. If more than one Jurisdiction is involved in the recount, the cost will be pro-rated among the participating Jurisdictions equally. CC. Prepare and run the required Post Election Audit in accordance with the Code before certifying election results. DD. Appoint a Canvass board and conduct a canvass of the votes in order to certify the results of the Jurisdiction's election. Provide the Jurisdiction with a copy of all election statements and certificates which are to be created under the Code. Page 50 of 110 Arapahoe County Elections IGA Page 8 EE. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to the County’s administration of the election. FF. Submit to the Jurisdiction an itemized invoice for all expenses incurred under this Agreement. GG. Store all election records as required by the Code for 25 months in such a manner that they may be accessed by the Jurisdiction, if necessary, to resolve any challenges or other legal questions that might arise regarding the election. 2.03 JURISDICTION RESPONSIBILITIES. The Jurisdiction shall perform the following duties: A. Identify a Designated Election Official to act as liaison between the Jurisdiction and the County. B. Notify the County prior to executing this IGA if the Jurisdiction’s boundaries include property in any other county. C. Review the Address Library Report provided by the County, which determines which residential addresses are within the jurisdiction. View the street ranges in a map format at: http://gis.arapahoegov.com/ArapaMAP/. Confirm the street ranges are correct and identify any errors, omissions or deletions if necessary. Provide the County with certification of any annexations, inclusions, and/or exclusions to the Jurisdiction, including all supporting documents. Return via email a signed copy of the provided Acknowledgement Form to the County, including any corrections if necessary, by the date set forth in Attachment B. a. If the Jurisdiction is a Proposed Jurisdiction not already identified by a tax authority code in the County Assessor’s records, the Jurisdiction shall provide the County with a certified legal description, map, and a list of street ranges for all streets within the Proposed Jurisdiction on or before eighty (80) days prior to Election Day. If residential addresses are not available, provide a list of the land parcel numbers that are within the boundaries of the Proposed Jurisdiction. D. For elections where owning property in the Jurisdiction is a requirement for voting in the election, the Jurisdiction must perform the following tasks relating to the property owners list: a. Coordinate directly with the Arapahoe County Assessor’s Office to order and pay for an initial and a supplemental certified list of all recorded owners of taxable real and personal property within the Jurisdiction’s boundaries in Arapahoe County, in accordance with § 1-5-304, C.R.S. and by the deadlines in Attachment B. b. Using the list from the Assessor’s Office, remove non-person entities and those persons not living in the state of Colorado. c. Contact Minerva Padron at the Colorado Secretary of State’s Office to receive access to DEO SCORE lookup. (Minerva Padron, 855-428-3555 ext. 6332, minerva.padron@sos.state.co.us). Page 51 of 110 Arapahoe County Elections IGA Page 9 d. Take the remaining names from the Assessor’s Office list and look up each person using the Secretary of State SCORE look up tool to determine if each person is a registered voter. Remove from the list those individuals who are not registered to vote. e. Review the names remaining on the Assessor’s Office list for any who actually reside in the district. These names should be removed as they are already receiving a ballot. f. The remaining names should be a list of persons who are property owners in the district, registered to vote in the state of Colorado, and not physically residing in the district. g. Deliver to the County via email an initial and a supplemental list of property owners who are not registered voters in Arapahoe County but should receive a ballot. The list should be delivered by the deadlines indicated in Attachment B. The list should be a Microsoft Excel spreadsheet and shall contain no more than one (1) eligible elector’s name per line. Each line shall consist of the following separated fields: eligible elector’s voter identification number, last name, first name, middle name, mailing address, city, state, zip, parcel number, and phone number, if available. E. Directly manage the responsibilities defined in §§ 1-4-901 to 912, C.R.S. for all candidate petitions for all local election races held by the Jurisdiction, including but not limited to: reviewing the petition format, receiving petitions that are filed, verifying voter validity, determining sufficiency, notifying candidates of sufficiency, responding to protest filings, and cures if applicable. F. Determine the title and text of the Jurisdiction’s ballot races, measures and/or issues using plain, non-technical language, worded with simplicity and clarity, in accordance with § 1-40-105(1), C.R.S. Determine the order of candidates in each race by lot drawing, or if applicable, city/town charter. G. Defer to the County to determine the number and letter of each ballot issue and question, as outlined in Section 2.02. Abstain from communicating or publicizing a ballot issue or question in conjunction with a letter or number before it has been officially determined by the County. H. Submit the Jurisdiction’s certified ballot content, verbatim, as it should appear on the ballot for the Jurisdiction’s races, questions and issues to the County. Submit the ballot content via email to chenage@arapahoegov.com on or before the deadline as set forth within Attachment B. Format the ballot content in a Microsoft Word document in plain text; do not include bold, italic, underline, bullets, tables, strikethrough or indentation. Titles should indicate whether the question is a referred measure or an initiative from a citizen petition. TABOR issues must be in all caps. All other measures and races must be mixed case. (Ballot content submitted to the County after the deadline will not appear on the ballot.) I. Within one business day of receipt from the County, proofread the layout and the text of the Jurisdiction’s portion of the official ballots and provide written notice of acceptance to the County via email to chenage@arapahoegov.com. J. If the Jurisdiction’s election includes a race, contact all candidates on the ballot and ask them to call the County’s candidate hotline at 303-734-5365 by the deadline indicated in Attachment B and record a voicemail with the phonetic pronunciation of their name, the title of the race and jurisdiction for which they are running. Page 52 of 110 Arapahoe County Elections IGA Page 10 K. If the Jurisdiction’s election includes a TABOR issue, the Jurisdiction shall perform the following duties relative to the TABOR Notice: a. Receive petition representative’s written summary of comments relating to ballot issues/ballot questions. Receive and compile community members’ written summary of pro/con statements relating to ballot issues/ballot questions. b. Prepare a financial summary for each ballot question or issue. c. Prepare a Microsoft Word document using the template provided by the County for the TABOR Notice with the final and exact text of its certified ballot language, pro/con statements and financial summary for each ballot question or issue governed by TABOR by the deadline listed in Attachment B. d. Defend and resolve, at the Jurisdiction’s sole expense, all challenges related to the candidates, ballot issues and/or ballot questions, or to the TABOR Notice if applicable, as certified to the County. L. Publish and post any required legal notices for the Jurisdiction’s candidates, ballot issues and/or ballot questions, other than the notice published by the County in conformance with § 1-5-205, C.R.S. A copy of such published legal notice shall be submitted to the County for its records. M. Respond to all correspondence and calls for any matters pertaining to the Jurisdiction’s race, question or measures or operations. Refer members of the public and news media to the County for any matters outside of the DEO’s expertise relating to election procedures. N. Notify the CEO by the statutory deadline whether a recount is required or desired. The Jurisdiction shall reimburse the County for the full cost of the recount. If other Jurisdictions are included in the recount, the cost of the recount will be prorated among the participating Jurisdictions as per § 1-10.5- 101, C.R.S. O. Remit to the County the total payment for the Jurisdiction’s prorated share of costs for the printing and mailing of ballots, TABOR Notice (if required), any additional or unique election costs resulting from Jurisdiction delays and/or special preparations or cancellations, and all other election expenses within sixty (60) days from the date of receipt of an invoice from the County. SECTION III. CANCELLATION OF ELECTIONS 3.01 CANCELLATION OF ELECTION BY THE JURISDICTION. In the event that the Jurisdiction resolves not to hold the election, notice of such resolution shall be provided to the CEO immediately. The Jurisdiction shall be liable for the full actual costs of the activities of the CEO relating to the election incurred before receipt of such notice and activities of the CEO relating to cancelling the election after the receipt of such notice. The Jurisdiction shall provide and post notice by publication as defined in the Code. In the event that the Jurisdiction resolves not to hold the election after the last day for the DEO to certify the ballot order and content to the CEO (see Page 53 of 110 Arapahoe County Elections IGA Page 11 Attachment B), the text provided by the Jurisdiction cannot be removed from the ballot and/or the Ballot Issue notice (TABOR Notice). SECTION IV. MISCELLANEOUS 4.01 NOTICES. Any and all notices required to be given by this Agreement are deemed to have been received and to be effective: (1) three days after they have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that an email or fax was received; to the address of a Party as set forth below or to such Party or addresses as may hereafter be designated in writing: To County: Jennifer Morrell Arapahoe County Clerk and Recorder’s Office Elections Division 5334 S. Prince St. Littleton, Colorado 80120 Fax: (303) 794-4625 Email: jmorrell@arapahoegov.com To Jurisdiction: Stephanie Carlile City of Englewood Acting City Clerk 1000 Englewood Parkway Englewood, CO 80110 Fax: 303-783-6896 Email: scarlile@englewoodco.gov 4.02 TERM OF AGREEMENT. The term of this Agreement shall continue until all statutory requirements concerning the conduct of the election and the creation, printing, and distribution of the TABOR Notice, if needed, are fulfilled. 4.03 AMENDMENT. This Agreement may be amended only in writing, and following the same formality as the execution of the initial Agreement. 4.04 INTEGRATION. The Parties acknowledge that this Agreement constitutes the sole and entire Agreement between them relating to the subject matter hereof and that no Party is relying upon any oral representation made by another Party or employee, agent or officer of that Party. Page 54 of 110 Arapahoe County Elections IGA Page 12 4.05 CONFLICT OF LAW. In the event that any provision in this Agreement conflicts with the Code or other statute, this Agreement shall be modified to conform to such law. 4.06 TIME OF ESSENCE. Time is of the essence for this Agreement. The time requirements of the Code shall apply to completion of the tasks required by this Agreement. Failure to comply with the terms of this Agreement and/or the deadlines in Attachment B or the Code may result in consequences up to and including termination of this Agreement. 4.07 GOOD FAITH. The parties shall implement this Agreement in good faith, including acting in good faith in all matters that require joint or general action. 4.08 NO WAIVER OF GOVERNMENTAL IMMUNITY ACT. The Parties understand and agree that the County, its commissioners, officials, officers, directors, agents, and employees, are relying on, and do not waive or intend to waive by any provisions of this Agreement, the monetary limitations or any other rights, immunities, protections or defenses provided by the Colorado Governmental Immunity Act (the “CGIA”), §§ 24-10-101 to 120, C.R.S., or otherwise available to the County or the Jurisdiction. To the extent the CGIA imposes varying obligations or contains different waivers for cities and counties, both the Jurisdiction and the County agree that they will remain liable for their independent obligations under the CGIA, and neither party shall be the agent of the other or liable for the obligations of the other. 4.09 NO THIRD PARTY BENEFICIARIES. The enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the County and the Jurisdiction, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person under such Agreement. 4.10 GOVERNING LAW: JURISDICTION AND VENUE. Unless otherwise agreed in writing, this Agreement and the interpretation thereof shall be governed by the laws of the State of Colorado. Venue for any and all legal actions arising under this IGA shall lie in the District Court in and for the County of Arapahoe, State of Colorado. 4.11 SEVERABILITY. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent of the parties hereto that the remaining provisions of this Agreement shall be of full force and effect. Page 55 of 110 Arapahoe County Elections IGA Page 13 4.12 ATTACHMENTS. The following attachments are incorporated herein by this reference. Attachment A - 2017 Cost Estimate Attachment B - Key Dates for Coordinating Jurisdictions (subject to updates) END OF PAGE Page 56 of 110 Arapahoe County Elections IGA Page 14 Arapahoe County _______________________________________ _____________________ Matt Crane, Coordinated Election Official Date Clerk and Recorder City of Englewood _______________________________________ _____________________ Stephanie Carlile, Designated Election Official Date Acting City Clerk Page 57 of 110 Page 1 of 4 Jurisdiction's Share of Total Election Costs Based On: Total Jurisdiction Active Registered Voters 20,640 ÷ Sum of Active Registered Voters for all Coordinating Entities 778,033 = Weighted Population Average (WPA)0.026528 Election Expenses Incurred for 2017 Coordinated Election Total Cost Department/Office Staff Election staff overtime compensation (after _ _/_ _ /_ _ _ _ )-$ Non-Election support staff overtime compensation (after _ _ /_ _ / _ _ _ _)14,000.00$ Temporary election staff compensation (after _ _/_ _ /_ _ _ _ )4,576.00$ Total 18,576.00$ Election Judge Training & Support Materials Total Cost Election Judge training & materials 500.00$ Election Judge recruitment & retention 250.00$ Election Judge hiring & timekeeping 300.00$ Total 1,050.00$ Voting Equipment Total Cost Voting system annual license fees 22,028.16$ Voting system annual warranty fees -$ Voting system - election set up -$ Voting system on-site support -$ Ballot sorter annual license fees 4,620.00$ Ballot sorter annual warranty fees 2,310.00$ Ballot sorter maintenance costs 2,475.00$ BOD materials (paper, toner, etc)3,570.00$ BOD system annual license fees 660.00$ BOD system annual warranty fees n/a BOD system maintenance costs n/a ATTACHMENT A - COST ESTIMATE City of Englewood Nov. 7, 2017 Coordinated Election Costs Page 58 of 110 Page 2 of 4 Voting machine/BMD annual license fees 5,288.25$ Voting machine/BMD annual warranty fees 10,766.25$ Voting machine/BMD maintenance costs -$ Total 51,717.66$ VSPC Costs Total Cost VSPC Election Judge salaries 45,000.00$ VSPC Election Judge hotline/phone staff -$ Laptops/Tablets 5,620.00$ VSPC Location Rental Fees -$ Communications/network/internet 3,000.00$ VSPC set up support (technical, equipment, delivery)-$ VSPC pre-printed ballots/ballot stock 1,200.00$ Total 54,820.00$ Mail Ballot Processing Costs Total Cost Ballot Processing Election Judge salaries 55,000.00$ Mail Ballot Processing computers/laptops 960.00$ Ballot Runner Team fleet vehicle rental costs 4,000.00$ Ballot processing location rental fees & utilities -$ Communication/network -$ Ballot processing set up support (technical, equipment)-$ Travel to Ballot Vendor for ballot inspection -$ UOCAVA email vendor/ballot processing 1,000.00$ Total 60,960.00$ Other costs attributable to Admin/VSPC's/Mail Ballot Processing Total Cost Cell phone use/stipend 200.00$ Mileage/parking reimbursement 2,000.00$ Supplies (signage, seals, pens, forms, etc.)7,000.00$ Transfer cases (tubs) and portable ballot boxes -$ Security costs/video surveillance (not drop box)-$ Security personnel costs 500.00$ CBI background checks for Election Judges/temp staff 3,000.00$ Drug tests for Election Judges/temp staff -$ Total 12,700.00$ Ballot Printing, Programming & Insertion Total Cost Page 59 of 110 Page 3 of 4 Ballot printing (mail, provisional, test ballots)250,000.00$ Shipping/freight 10,400.00$ Outgoing & return envelopes 32,000.00$ Secrecy sleeves and voter instructions 32,000.00$ Provisional ballot affidavits and envelopes -$ UOCAVA envelopes -$ Ballot insertion and mailing fees (3rd party vendor only)-$ Ballot tracking application 15,000.00$ Total 339,400.00$ Postage Total Cost Mail ballots - initial mailing 40,000.00$ Daily/supplemental ballot mailing 8,000.00$ Cure/rejection Letters 420.00$ 8 Day letter -$ Mailing ballots to other counties -$ Undeliverable ballots 100.00$ TABOR Notice Postage 20,000.00$ Total 68,520.00$ Election Notices Total Cost Statutory notice of election 120.00$ Ballot issue notice (TABOR) - printing & production 115,000.00$ Total 115,120.00$ Non-mandatory notices & voter outreach (after _ _/_ _ /_ _ _ _ )Total Cost Sample ballots -$ Production costs (software subscriptions, photographer, graphics,etc.) -$ Print media -$ Social media, radio & TV air time 100.00$ Email service 1,000.00$ Event booths -$ Total 1,100.00$ Drop box Costs Total Cost Temporary, standalone ballot box -$ Video surveillance system 1,200.00$ Total 1,200.00$ Page 60 of 110 Page 4 of 4 Miscellaneous Total Cost -$ -$ Total -$ Total Election Expense 725,163.66$ x Weighted Population Average (WPA) 0.0265 Total Due to Arapahoe County 19,237.46$ Page 61 of 110 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Harold Stitt DEPARTMENT: Community Development DATE: August 7, 2017 SUBJECT: CDBG IGA DESCRIPTION: CDBG IGA RECOMMENDATION: Approve a Bill for an Ordinance authorizing the execution of an Intergovernmental Subgrantee Agreement for the 2017 Arapahoe County Community Development Block Grant Program between the Arapahoe Board of County Commissioners and the City of Englewood. PREVIOUS COUNCIL ACTION: Council passed Ordinance No. 19, Series of 2015 authorizing the City’s participation in the Urban County Entitlement Program for CDBG and HOME funds for fiscal years 2016 through 2018. Council passed Resolution No. 105, Series of 2016 authorizing the Community Development Department to submit an application for 2017 CDBG funding. ANALYSIS: The Federal Community Development Block Grant (CDBG) Program provides grants to units of local government and urban counties to meet housing and community development needs. The objective of the Program is achieved through projects developed by the local government that are designed to give priority to those activities that benefit low and moderate-income families. Funds are allocated by statutory formula to each entitlement area. Arapahoe County is an approved entitlement area. The grant funds are distributed by Arapahoe County to each participating city within the county. For FY2017, funds were approved to support the following project: $115,000 for the Energy Efficient Englewood (E3) project to provide matching grants to twelve low to moderate-income homeowners for energy efficiency interior and exterior home improvements. FINANCIAL IMPLICATIONS: The employees in Community Development are available to administer the projects and their salaries and benefits are part of the City's contribution. The City will utilize a portion of the CDBG funding from the project (est. $4,000) to partially offset the costs of those salaries and benefits. Page 62 of 110 ATTACHMENTS: Bill for an Ordinance Subgrantee Agreement Page 63 of 110 1 BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 49 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER ________________ A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR A 2017 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council of the City of Englewood approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 19, Series of 2015, covering the City’s participation in the Arapahoe County CDBG Entitlement Program for funding years 2016 through 2018; and WHEREAS, the Englewood City Council passed Resolution 96, Series of 2015, that authorized Housing and Community Development to submit an application for 2017 CDBG funding; and WHEREAS, the Energy Efficient Englewood (E3) Project has been categorized as a housing rehabilitation activity. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Subgrantee Agreement for Arapahoe County Community Development Block Grant Funds – Subgrantee: City of Englewood, Project Name: Energy Efficient Englewood (E3) Project Number: ENHS 1703, attached hereto as Attachment 1, is hereby accepted and approved by the Englewood City Council. Section 2. Community Development Block Grant (CDBG) funds are Federal Housing and Urban Development funds which are administered through Arapahoe County, Colorado. Section 3. The Mayor is hereby authorized to sign said Agreements for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 7th day of August, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of August, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of August, 2017 for thirty (30) days. Page 64 of 110 2 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 Bill for Ordinance introduced, read in full, and passed on first reading on the 7th day of August, 2017. _________________________________ Stephanie Carlile Page 65 of 110 1 SUBGRANTEE AGREEMENT FOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: City of Englewood PROJECT NAME: Energy Efficient Englewood (E3) PROJECT NUMBER: ENHS1703 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Resources Department (hereinafter referred to as the County) and City of Englewood (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons. The project by the SubGrantee known as Energy Efficient Englewood (E3) (Project) will be carried out in accordance with the Scope of Services, attached to, and incorporated herein as Exhibit A. The SubGrantee may proceed to incur costs for the Project upon receipt of an official “Notice to Proceed” from the County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE The grant funds are to be used only to provide services to Arapahoe County residents, excluding residents of the city of Aurora, per County CDBG guidelines. A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $115,000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budget and in accordance with performance criteria established in Exhibit A Scope of Services. The parties expressly recognize that the SubGrantee is to be paid with CDBG funds received from the federal government, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds. In the event that said funds, or any part thereof, are, or become, unavailable, then the County may immediately terminate or, amend this agreement. To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available. Page 66 of 110 2 Upon expiration of this Agreement, as identified by the Agreement Date and Project Deadline (Deadline) in Exhibit A, the SubGrantee shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. These transferred funds shall revert to the County and be utilized for other purposes. B. Timeline All Project activities shall be completed and draw requests submitted by the Deadline unless the Subgrantee notifies the County in writing thirty (30) days prior to the Deadline that the funds cannot be disbursed. An extension may be granted, in writing, in which all draw requests be submitted and Project activities shall be completed by thirty (30) days following the Deadline. In the event that the completion deadline falls on a weekend or holiday, the Deadline will be considered the work day prior to the scheduled completion date. If the project requires additional time past the extended Deadline, the Agreement must be modified by mutual agreement of the County and the SubGrantee. C. Performance Criteria In accordance with the funding application submitted by the SubGrantee for the Project, the criteria listed below are to be met during the execution of the Project as identified in Exhibit A Scope of Services. 1. Quantifiable Goals 2. Community Impact 3. Monthly Performance Standards D. Reporting Requirements 1. Project reports will be due within twenty (20) days following the end of each reporting period as specified in Exhibit A Scope of Services until the Project is completed. 2. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the CDBG Projects described herein are detailed are due annually. The last completed official annual audit report and/or Financial Statements shall be due on May 31, and for four (4) years thereafter on May 31. 3. Non-profit organizations that expend $750,000 or more annually in federal funds shall comply with the Single Audit Act of 1984, as amended, as implemented in OMB Uniform Guidance §200.501, and other applicable federal regulations. Page 67 of 110 3 III. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all provisions of the grant agreements received from the U.S. Department of Housing and Urban Development (HUD) by the County. These include but are not limited to compliance with the provisions of the Housing and Community Development Act of 1974 and all rules, regulations, guidelines and circulars promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG Program. A listing of some of the applicable laws and regulations are as follows: 1. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85 as applicable per 24 CFR 570.502; 3. Title VI of the Civil Rights Act of 1964; 4. Title VIII of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; 10. Non-discrimination in employment, established by Executive Order 11246; 11. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 12. Section 3 of the Housing and Urban Development Act of 1968; The purpose of section 3 is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons. 13. Federal procurement rules when purchasing services, supplies, materials, or equipment. The applicable federal regulations are contained in: 24 CFR Part 85 or through 24 CFR Part 84, as applicable; 14. Lead Based Paint regulations established in 24 CFR Parts 35 and 570.608; 15. Audit Requirements established in OMB Uniform Guidance §200.501; and 16. Cost principles established in OMB Uniform Guidance §200.430 and §200.431 as applicable per 24 CFR 570.502; 17. Conflict of Interest: a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by the County and by the SubGrantee, the conflict of interest Page 68 of 110 4 provisions in 24 CFR 85.36 and 24 CFR 84.42, respectively shall apply. (2) In all cases not governed by 24 CFR 85.36 and 84.42, the provisions of 24 CFR 570.611 (2) shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the County or by its SubGrantees to individuals, businesses, and other private entities under eligible activities that authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to 24 CFR 570.202; or grants, loans, and other assistance to businesses, individuals, and other private entities pursuant to 24 CFR 570.203, 570.204, 570.455, or 570.703 (i)). b) Conflicts prohibited. The general rule is that persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may not obtain a financial interest or benefit from a CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, or any designated public agencies, or of the SubGrantee that are receiving funds under this part. d) Exceptions. Upon the written request of the County, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it has satisfactorily met the threshold requirements of (d)(1) of this section, taking into account the cumulative effects of paragraph (d)(2) of this section. (1) Threshold requirements. HUD will consider an exception only after the County has provided the following documentation: i. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and ii. An opinion of the County’s attorney that the interest for which the exemption is sought would not violate State or local law. (2) Factors to be considered for exceptions. In determining whether to grant a requested exception after the County has satisfactorily met the requirements of paragraph (d)(1) of this section, HUD shall conclude that such an exception will serve to further the purposes of the Act and the effective and efficient administration of Page 69 of 110 5 the County’s program or project, taking into account the following factors, as applicable: i. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available; ii. Whether an opportunity was provided for open competitive bidding or negotiation; iii. Whether the person affected is a member of a group or class of low- or moderate-income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; iv. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; v. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; vi. Whether undue hardship will result either to the County or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and vii. Any other relevant considerations. 18. The SubGrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs. 19. Labor Standards (Davis-Bacon) Except for the rehabilitation of residential property that contains less than eight (8) units, the SubGrantee, and its contractor and all subcontractors shall comply with the Davis-Bacon Act, 40 U.S.C. 276a to 276a-7, and applicable regulations of the Department of Labor under 29 C.F.R. Part 5, requiring the payment of wages at rates of not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, when the project costs total $2,000 or more and the work is financed in whole or in part with assistance provided under this Agreement. The applicable Davis-Bacon wage rate schedule must be included in all bid and contract documents, as well as the “Federal Labor Standards Provisions”, Form HUD-4010. 20. Lead Based Paint Regulations If the Project involves acquisition, construction, demolition, rehabilitation, or any other activity related to residential housing, and Page 70 of 110 6 the building was built prior to 1978, Lead Based Paint Laws and Regulations apply, as established in 24 CFR Parts 35 and 24 CFR 570.608. Further, all applicable federal and state laws relating to lead- based paint must be followed, including such regulations promulgated by the U.S. Environmental Protection Agency and the State Department of Public Health and Environment, including regulations for non-housing buildings. If the SubGrantee does not follow and document lead based paint laws and regulation compliance, the SubGrantee will not be eligible for reimbursement. 21. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and, if required, receipt by Arapahoe County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County’s determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review. 22. Uniform Relocation Act (URA) The Project is subject to the relocation and acquisition requirements of the Uniform Relocation Act of 1970, as amended, and implemented at 49 CFR Part 24; Section 104(d) of the Housing & Community Development Act, as amended, and implemented at 24 CFR Part 42; and Displacement, Relocation, Acquisition, and Replacement of Housing implemented at 24 CFR 570.606. The SubGrantee must comply with the County’s Anti Displacement and Relocation Assistance Plan on file and must pay all relocation expenses as applicable under the Act. Relocation payment calculations, records of Relocation payments and all other Relocation records are subject to County or federal review and monitoring. The SubGrantee agrees that it will pay any relocation expenses required by the Act and will reimburse the County for any relocation payments the County paid as a result of monitoring review by the County or any federal agency, as required by the Act. B. Non-Appropriations Clause The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG monies for funding, a non-appropriation clause that will protect itself, and the County from any liability or responsibility or any suit which might result from the discontinuance of CDBG Page 71 of 110 7 funding for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and the federal statutes control rather than the provisions of Section 24-91- 103.6, C.R.S. with regard to any public work projects. C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, including those that are identified for the SubGrantee's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified. D. Agreement Changes No projects or activities, nor the amount allocated therefore, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantee's staff, agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees. Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee. 1. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes. 2. The SubGrantee agrees that the funds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding. F. Indemnity To the extent allowed by law, the SubGrantee shall indemnify and hold harmless the County and its elected and appointed officials, officers, employees and agents from and against any and all losses, damages, liabilities, claims, suits, actions or costs, including attorneys fees, Page 72 of 110 8 made, asserted or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising out of or in any way connected with the Project or the performance of this contract. G. Bonding and Insurance If the SubGrantee's projects involve construction activities, any Contractor it uses for said activities shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimum amounts of insurance as follows: 1. Comprehensive General Liability: In the amount of not less than $1,000,000 combined single limit. Coverage to include: a. Premises Operations b. Products/Completed Operations c. Broad Form Contractual Liability d. Independent Contractors e. Broad Form Property Damage f. Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured i. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $1,000,000 combined single limit for bodily injury and property damage. Coverage to include: a. Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: a. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance. b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County, or the SubGrantee. Page 73 of 110 9 c. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County, or the SubGrantee for payment of any premiums due or for any assessments under any form of any policy. d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. Certificate of Insurance: The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has complied with the foregoing insurance requirements. The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County. In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold (currently $150,000): 1. A bid guarantee from each bidder equivalent to 5% of the bid price; 2. A performance bond on the part of the contractor for 100% of the contract price; and 3. A payment bond on the part of the contractor for 100% of the contract price. H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantee shall provide full access to these books and records to the County, the Secretary of HUD or his designee, the Office of the Inspector General, and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed. The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD. This shall Page 74 of 110 10 include providing to the County the information necessary to complete annual Performance Reports in a timely fashion. J. Timeliness The SubGrantee shall comply with the performance standards established in Exhibit A of this Agreement. The SubGrantee understands that failure to comply with the established standards may lead to a cancellation of the Project and a loss of all unexpended funds. K. Reimbursement for Expenses The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division documentation in the form required by that Division which properly and fully identifies the amount which the SubGrantee is requesting at that time. The County shall have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible. L. Program Income All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be returned to the County unless authorized in Exhibit A Scope of Services to be retained by the SubGrantee and dispersed for its approved CDBG Project activities. If the retention and re-use of Program Income is Authorized, it must be dispersed for its approved CDBG Project activities before additional CDBG funds are requested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all program income directly generated from the use of CDBG funds will be remitted to the County. M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Exhibit A Scope of Services attached to and made a part of this Agreement. Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantee shall adhere to the requirements of 24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State of Colorado statutes and County ordinances, resolutions, rules, and regulations. O. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. Page 75 of 110 11 P. Suspension or Termination This Agreement may be immediately suspended or terminated upon written notification from the County if the SubGrantee materially fails to comply with any term of this Agreement. This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee. Q. Urban County Designation In the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation, this Agreement shall terminate as of the termination date of the County's CDBG grant Agreement with HUD. R. Certification The SubGrantee certifies that to the best of its knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. S. Disallowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance. T. Reversion of Assets Upon expiration of this Agreement, the SubGrantee shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use Page 76 of 110 12 of CDBG funds. Any real property under the SubGrantee's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the SubGrantee in the form of a loan) in excess of $25,000 is either: (i) Used to meet one of the national objectives in §570.208 (formerly §570.901) until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the County and specified in Exhibit A Scope of Services; or (ii) Not used in accordance with national objectives in §570.208 (formerly §570.901), in which event the SubGrantee shall pay to the County an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. IV. RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds. Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements. B. Performance and Compliance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide Housing and Community Development Services staff whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations. C. Reporting to HUD The County will be responsible for seeing that all necessary reports and information required of the County are filed with HUD and other applicable Federal agencies in a timely fashion. V. EXTENT OF THE AGREEMENT This agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County, and SubGrantee and supersedes all prior negotiations, representations or agreements, either written or oral. Any amendments to this agreement must be in writing and signed by both the County, and SubGrantee. If any portion of this agreement is found by a court of competent Page 77 of 110 13 jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect. VI. NOTICES Notices to be provided under this Agreement shall be given in writing and either delivered by hand or deposited in the United States mail with sufficient postage to the addresses set forth: To the County: Arapahoe County Attorney 5334 S. Prince Street Littleton, CO 80120-1136 and Arapahoe County Housing and Community Development 1690 W. Littleton Blvd., #300 Littleton, CO 80120-2069 To the SubGrantee: City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Attn: Nancy Fenton In Witness Whereof, the Parties have caused this Agreement to be duly executed this _____________ day of _________________________________, ___________. SubGrantee: City of Englewood ________________________________________________ Signature ________________________________________________ Name & Title Board of County Commissioners Arapahoe County, Colorado ________________________________________________ Don Klemme on behalf of the Board of County Commissioners Page 78 of 110 14 Pursuant to Resolution #170252 Page 79 of 110 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Eric Keck DEPARTMENT: City Manager's Office DATE: August 7, 2017 SUBJECT: Planning and Environmental Linkages Study for Santa Fe Blvd DESCRIPTION: Planning and Environmental Linkages Study for Santa Fe Blvd RECOMMENDATION: Staff recommends that the City Council approve a Resolution in support of the Colorado Department of Transportation performing a Planning and Environmental Linkages Study on Santa Fe Boulevard between Interstate 25 to Colorado 470. PREVIOUS COUNCIL ACTION: Tri Cities Meeting with the Cities of Sheridan, Littleton and Englewood on Friday 5 May 2017 SUMMARY: At the Tri Cities meeting in May of 2017, the City of Littleton raised the issue of pressing the Colorado Department of Transportation to perform a planning and environmental linkages study on the Santa Fe corridor between I25 and C470. This study would look at adding capacity to this heavily traveled corridor as well as look at ways in which to accommodate and facilitate pedestrian and bicycle traffic moving east and west. This regionally significant corridor has not been studied to ensure that critical environmental, economic, and community-specific goals can be accommodated into the future. The PEL would be the first step in ensuring that future projects that would improve this corridor can be planned now. The City of Englewood desires to join Littleton, Denver, Arapahoe County and Sheridan in the support of this study. FINANCIAL IMPLICATIONS: There are no financial implications at this time which are tied to the Planning and Environmental Linkages Study. However, CDOT may ask for all governmental entities who share this corridor to participate financially in the future. At this point in time, representatives from CDOT indicated that they have the funding necessary to perform the initial PEL study. ATTACHMENTS: Resolution Concerning the Planning and Environmental Linkage Study Page 80 of 110 CITY OF ENGLEWOOD, COLORADO Resolution No. ___ Series, 2017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, SUPPORTING A JOINT PROJECT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION, ARAPAHOE COUNTY, CITY OF LITTLETON, CITY OF SHERIDAN AND THE CITY AND COUNTY OF DENVER TO COMPLETE A PLANNING AND ENVIRONMENTAL LINKAGES STUDY FOR SANTA FE DRIVE (UNITED STATES HIGHWAY 85) FROM COLORADO 470 TO INTERSTATE 25 WHEREAS, the municipal jurisdictions along the US 85 corridor have a vested interest in assuring sound transportation and environmental planning along this regionally significant corridor. A Planning and Environmental Linkages Study (PEL) provides a platform to support smart transportation management, define important future right-of-way needs, and support local interests while balancing environmental and social justice impacts. WHEREAS, the PEL process represents an approach to transportation decision making that considers environmental, community, and economic goals early in the planning stage and carries them through project development, design, and construction. A PEL study can lead to a seamless decision-making process that accomplishes the following: minimizes duplication of effort, promotes efficient and cost-effective solutions and environmental stewardship and reduces delays in project implementation. The proposed PEL ties into PEL projects that are both completed or underway, south and north of the project boundaries on US 85. WHEREAS, the City of Englewood seeks to be a leading partner in supporting this project effort by the Colorado Department of Transportation (CDOT); other projected participants include Arapahoe County, the City of Littleton, the City of Sheridan, and the City and County of Denver. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council, of the City of Englewood, supports a joint project with the Colorado Department of Transportation, Arapahoe County, City of Littleton, City of Sheridan and the City and County of Denver to complete a Planning and Environmental Linkages study for Santa Fe Drive (United States Highway 85) from Colorado 470 to Interstate 25. ADOPTED and APPROVED this Day of August, 2017 Page 81 of 110 ATTEST: __________________________ __________________________ Stephanie Carlisle, Joe Jefferson, Acting City Clerk Mayor I, Stephanie Carlisle, Acting City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series 2017. Stephanie Carlisle, Acting City Clerk Page 82 of 110 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Laura Herblan DEPARTMENT: Police DATE: August 7, 2017 SUBJECT: Amendments to the International Fire Code DESCRIPTION: Amendments to the International Fire Code RECOMMENDATION: Public Hearing on adopting a Bill for Ordinance amending Title 8, Chapter 2, Article E of the Englewood Municipal Code 2000 pertaining to the International Fire Code. PREVIOUS COUNCIL ACTION: The adoption of the International Fire Code was reviewed by City Council at Study Sessions held on July 13, 2015, April 3, 2017, May 8, 2017 and July 3,2017. City Council passed a bill for Ordinance on July 17, 2017 and set a Public Hearing on Council Bill No. 50 to be held at the Regular City Council meeting on August 7, 2017. SUMMARY: The City of Englewood has adopted Uniform Safety Codes, and subsequent updates, as the model construction and safety 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 s ix (6) months of Denver's adoption of said subsequent versions ofsaid codes." In the spirit of interlocal cooperation, Englewood's proposed modifications to the Building and associated safety codes have been provided to the Denver FireChief. The Chief Building Official for the City of Englewood has determined that none of the proposed amendments tothe International Fire Code, 2015, conflict with or are materially inconsistent with the applicable uniform building and firecodes. The Fire Marshal for the City of Englewood has thoroughly reviewed the International Fire Code 2015 and recommends adoption with certain exceptions, modifications and amendments. Page 83 of 110 FINANCIAL IMPLICATIONS: There is no cost associated with this Ordinance, as on online code s ubscription is renewed annually, which provides electronic access to all of the 2015International Codes, as well as subsequenteditions. ATTACHMENTS: Ordinance Page 84 of 110 BY AUTHORITY ORDINANCE NO.____ COUNCIL BILL NO. 50 SERIES OF 2017 INTRODUCED BY COUNCIL MEMBER YATES_______________ AN ORDINANCE CONCERNING THE AMENDMENT OF TITLE 8, CHAPTER 2, ARTICLE E, OF THE ENGLEWOOD MUNICIPAL CODE, IN CONNECTION WITH ADOPTION OF THE INTERNATIONAL FIRE 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 Safety Codes, and subsequent updates as promulgated by the publisher, as the model construction and safety 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 Fire 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 Fire Code have been provided to the Denver Fire Chief, and the Denver Fire Chief has provided a letter of support; and WHEREAS, the Fire Marshal for the City of Englewood has thoroughly reviewed the International Fire Code 2015 and recommends adoption thereof subject to certain exceptions, modifications and amendments as set forth herein, and with Attachment A to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Adoption of the International Fire Code, 2015 Edition, as the Fire Code, with certain additions and deletions. Title 8, Chapter 2, Article E shall be amended as follows: 8-2C-1: CODE ADOPTED: 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 Fire Code, 2015 Edition, as the Fire Code for the City, as published by the International Code Council, 4051 Flossmoor Road Country Club Hills, IL 60478, as Title 8, Chapter 2, Article E, of the Englewood Municipal Code, Page 85 of 110 and such amendments, exceptions, modifications, and appendices as set forth within this Article E. One copy of said code book, and such amendments, exceptions, modifications, and appendices as set forth within this Article E are available for inspection at the office of the City Clerk. 8-2E-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: Specific changes, modifications and amendments are hereby made to the following listed provisions of the International Fire Code 2015, as hereinabove adopted, with all such changes, modifications and amendments as fully set forth within Attachment A to this Ordinance, and all are hereby incorporated into this Ordinance as if fully set forth herein, and such Attachment A shall be codified as Section 8- 2E-2 of the Englewood Municipal Code: CHAPTER 1 PAGE SCOPE AND ADMINISTRATION SECTION 101 SCOPE AND GENERAL REQUIREMENTS 1 SECTION 102 APPLICABILITY 2 SECTION 103 DEPARTMENT OF FIRE PREVENTION – FIRE MARSHAL’S OFFICE 3 SECTION 104 GENERAL AUTHORITY AND RESPONSIBILITIES 3 SECTION 105 PERMITS 7 SECTION 106 INSPECTIONS 27 SECTION 107 MAINTENANCE 29 SECTION 108 BOARD OF APPEALS 29 SECTION 109 VIOLATIONS 30 SECTION 110 UNSAFE BUILDINGS 30 SECTION 114 LICENSES 31 SECTION 115 PUBLIC FIRE EDUCATION 32 SECTION 116 EMERGENCY PLANS AND PROCEDURES 33 SECTION 117 FIRE ALARM MONITORING – PERMITS AND LICENSES 33 CHAPTER 2 DEFINITIONS SECTION 202 GENERAL DEFINITIONS 35 CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 43 SECTION 302 43 Page 86 of 110 DEFINITIONS SECTION 304 COMBUSTIBLE WASTE MATERIAL 43 SECTION 308 OPEN FLAMES 44 SECTION 309 POWERED INDUSTRIAL TRUCKS 44 SECTION 315 GENERAL STORAGE 46 SECTION 316 HAZARDS TO FIREFIGHTERS 46 CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS SECTION 401 GENERAL 47 SECTION 402 DEFINITIONS 48 SECTION 403 EMERGENCY PREPAREDNESS REQUIREMENTS 48 SECTION 404 FIRE SAFETY EVACUATION AND LOCKDOWN PLANS 49 SECTION 405 EMERGENCY EVACUATION DRILLS 49 CHAPTER 5 FIRE SERVICE FEATURES SECTION 502 DEFINITIONS 50 SECTION 503 FIRE APPARATUS ACCESS 50 SECTION 504 ACCESS TO BUILDING OPENINGS AND ROOFS 52 SECTION 505 PREMISES IDENTIFICATION 53 SECTION 507 FIRE PROTECTION WATER SUPPLIES 53 SECTION 508 FIRE COMMAND CENTER 54 SECTION 509 FIRE PROTECTION UTILITY EQUIPMENT AND ACCESS 55 SECTION 510 EMERGENCY RESPONDER RADIO ENHANCEMENT COVERAGE SYSTEM (RES)55 CHAPTER 6 BUILDING SERVICES AND SYSTEMS SECTION 603 FUEL-FIRED APPLIANCES 59 SECTION 604 EMERGENCY AND STANDBY POWER SYSTEMS 59 SECTION 606 MECHANICAL REFRIGERATION 60 Page 87 of 110 SECTION 607 ELEVATOR OPERATION, MAINTENANCE AND FIRE SERVICE KEYS 61 SECTION 608 STATIONARY STORAGE BATTERY SYSTEMS 64 CHAPTER 8 INTERIOR FINISH, DECORATIVE MATERIALS AND FURNISHINGS SECTION 806 DECORATIVE VEGETATION IN NEW AND EXISTING BUILDINGS 65 SECTION 807 DECORATIVE MATERIALS OTHER THAN DECORATIVE VEGETATION IN NEW AND EXISITING BUILDINGS 65 CHAPTER 9 FIRE PROTECTION SYSTEMS SECTION 901 GENERAL 68 SECTION 902 DEFINITIONS 68 SECTION 903 AUTOMATIC SPRINKLER SYSTEM Except: Section 903.2.8.5, Section 903.2.11.1.4, and Section 903.3.1.1.1 68 SECTION 904 ALTERNATIVE AUTOMATIC FIRE-EXTINGUISHING SYSTEMS 72 SECTION 905 STANDPIPE SYSTEMS 72 SECTION 906 PORTABLE FIRE EXTINGUISHERS 74 SECTION 907 FIRE ALARM AND DETECTION SYSTEMS Except: Section 907.2.6.2, Section 907.2.14, and Section 907.5.2.3.3 74 SECTION 908 EMERGENCY ALARM SYSTEMS 91 SECTION 910 SMOKE AND HEAT REMOVAL 92 SECTION 912 FIRE DEPARTMENT CONNECTION 93 SECTION 913 FIRE PUMPS 93 SECTION 916 EMERGENCY RESPONDER RADIO ENHANCEMENT SYSTEMS (RES) 94 SECTION 917 CENTRAL ALARM STATIONS 95 SECTION 918 TRANSMISSION OF CITY MICROWAVE SYSTEMS 96 SECTION 919 ELEVATORS AND CONVEYING SYSTEMS 96 Page 88 of 110 CHAPTER 10 MEANS OF EGRESS 99 SECTION 1009 ACCESSIBLE MEANS OF EGRESS 100 SECTION 1018 AISLES 100 CHAPTER 11 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS SECTION 1101 GENERAL 101 SECTION 1103 FIRE SAFETY REQUIREMENTS FOR EXISTING BUILDINGS 101 SECTION 1105 CONSTRUCTION REQUIREMENTS FOR EXISTING GROUP I-2 102 SECTION 1107 REQUIREMENTS FOR COMPRESSED GAS SYSTEMS 103 SECTION 1108 FIREFIGHTER FALL PROTECTION 103 CHAPTER 20 AVIATION FACILITIES SECTION 2001 GENERAL 105 SECTION 2005 PORTABLE FIRE EXTINGUISHERS 105 SECTION 2006 AIRCRAFT FUELING 105 SECTION 2007 HELISTOPS AND HELIPORTS 106 CHAPTER 23 MOTOR FUEL-DISPENSING FACILITIES AND GARAGES SECTION 2303 LOCATION OF DISPENSING DEVICES 107 SECTION 2304 DISPENSING OPERATIONS 107 SECTION 2305 OPERATIONAL REQUIREMENTS 107 SECTION 2306 FLAMMABLE AND COMBUSTIBLE LIQUID MOTOR FUEL- DISPENSING FACILITIES 107 SECTION 2308 COMPRESSED NATURAL GAS MOTOR FUEL-DISPENSING FACILITIES 108SECTION 2309 HYDROGEN MOTOR FUEL-DISPENSING AND GENERATION FACILITIES 108 SECTION 2311 REPAIR GARAGES 108 Page 89 of 110 SECTION 2312 EXISTING MOTOR FUEL-DISPENSING FACILITIES 109 CHAPTER 24 FLAMMABLE FINISHES SECTION 2401 GENERAL 110 136 136 SECTION 2404 SPRAY FINISHING 110 SECTION 2405 DIPPING OPERATIONS 110 SECTION 2410 FLOOR SURFACING AND FINISHING OPERATIONS 110 CHAPTER 25 FRUIT AND CROP RIPENING SECTION 2403 FRUIT AND CROP RIPENING SECTION 2503 ETHYLENE GAS 111 CHAPTER 26 FUMIGATION AND INSECTICIDAL FOGGING SECTION 2601 GENERAL 112 SECTION 2603 FIRE SAFETY REQUIREMENTS 112 CHAPTER 27 SEMICONDUCTOR FABRICATION FACILITIES SECTION 2703 GENERAL SAFETY PRECAUTIONS 113 CHAPTER 28 LUMBER YARDS AND AGRO-INDUSTRIAL, SOLID BIOMASS AND WOODWORKING FACILITIES SECTION 2804 FIRE PROTECTION 114 SECTION 2809 EXTERIOR STORAGE OF FINISHED LUMBER AND SOLID BIOFUEL PRODUCTS 114 CHAPTER 30 SECTION 3003 LOCATION INDUSTRIAL OVENS 115 CHAPTER 31 SECTION 3103 TEMPORARY TENTS AND MEMBRANE STRUCTURES TENTS AND OTHER MEMBRANE STRUCTURES 116 SECTION 3104 TEMPORARY AND PERMANENT TENTS AND MEMBRANE STRUCTURES 116 CHAPTER 32 HIGH-PILED COMBUSTIBLE STORAGE SECTION 3201 GENERAL 117 SECTION 3206 GENERAL FIRE PROTECTION AND LIFE SAFETY FEATURES 117 Page 90 of 110 CHAPTER 35 WELDING AND OTHER HOT WORK SECTION 3501 GENERAL 151 SECTION 3505 GAS WELDING AND CUTTING 151 SECTION 3508 ACETYLENE GENERATORS 151 CHAPTER 38 ALCOHOL BEVERAGE PRODUCTION FACILITIES SECTION 3801 GENERAL 152 SECTION 3802 DEFINITIONS, ACRONYMS AND ABBREVIATIONS 153 SECTION 3803 GENERAL REQUIREMENTS 155 SECTION 3804 EQUIPMENT 165 CHAPTER 39 MARIJUANA OPERATIONS SECTION 3901 GENERAL 174 SECTION 3902 DEFINITIONS 174 SECTION 3903 EXTRACTION OPERATIONS 174 SECTION 3904 MARIJUANA GROWING OPERATIONS 176 CHAPTER 50 HAZARDOUS MATERIALS—GENERAL PROVISIONS SECTION 5001 GENERAL 177 SECTION 5002 DEFINITIONS 177 SECTION 3211 EXISTING BUILDINGS 119 CHAPTER 33 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION SECTION 3301 GENERAL 122 SECTION 3311 MEANS OF EGRESS 122 SECTION 3313 STANDPIPES 122 SECTION 3318 ASBESTOS OPERATIONS 149 CHAPTER 34 TIRE REBUILDING AND TIRE STORAGE SECTION 3408 FIRE PROTECTION 150 Page 91 of 110 SECTION 5003 GENERAL REQUIREMENTS GENERAL REQUIREMENTS 178 SECTION 5004 STORAGE 178 SECTION 5005 USE, DISPENSING AND HANDLING 178 CHAPTER 53 COMPRESSED GASES SECTION 5307 CARBON DIOXIDE (CO2) SYSTEMS IN BEVERGAGE DISPENSING APPLICATIONS 179 SECTION 5309 INERT GAS SYSTEMS USED IN COMMERCIAL,MANUFACTURING OR INDUSTRIAL APPLICATIONS 184 SECTION 5310 CARBON DIOXIDE (CO2) GAS ENRICHMENT SYSTEMS USING ONSITE SUPPLY TANKS OR CYLINDERS IN PLANT GROWING (HUSBANDRY) APPLICATIONS 190 SECTION 5311 (CO2) GAS ENRICHMENT SYSTEMS USING A NATURAL GAS BURNER IN PLANT GROWING (HUSBANDTY) APPLICATIONS 195 CHAPTER 56 EXPLOSIVES AND FIREWORKS SECTION 5601 GENERAL 199 CHAPTER 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS SECTION 5701 GENERAL 200 SECTION 5703 GENERAL REQUIREMENTS 200 SECTION 5704 STORAGE 201 SECTION 5706 SPECIAL OPERATIONS 201 CHAPTER 60 HIGHLY TOXIC AND TOXIC MATERIALS SECTION 6004 HIGHLY TOXIC AND TOXIC COMPRESSED GASES 202 SECTION 6005 OZONE GAS GENERATORS 202 CHAPTER 61 LIQUEFIED PETROLEUM GASES SECTION 6101 GENERAL 203 SECTION 6103 INSTALLATION OF EQUIPMENT 203 Page 92 of 110 SECTION 6104 LOCATION OF LP-GAS CONTAINERS 203 SECTION 6107 SAFETY PRECAUTIONS AND DEVICES 204 SECTION 6109 STORAGE OF PORTABLE LP-GAS CONTAINERS AWAITING USE OR RESALE 204 CHAPTER 63 OXIDIZERS, OXIDIZING GASES AND OXIDIZING CRYOGENIC FLUIDS SECTION 6301 GENERAL 205 CHAPTER 80 REFERENCED STANDARDS 206 APPENDICES APPENDIX ADOPTION STATUS 209 APPENDIX B FIRE-FLOW REQUIREMENTS FOR BUILDINGS SECTION B104 FIRE-FLOW CALCULATION AREA 210 SECTION B105 FIRE-FLOW REQUIREMENTS FOR BUILDINGS 210 APPENDIX C FIRE HYDRANT LOCATIONS AND DISTRIBUTION SECTION C106 WATER MAINS SERVING FIRE HYDRANTS 212 APPENDIX N SHOP DRAWING AND SYSTEM GRAPHIC REQUIREMENTS FOR FIRE PERMIT APPLICATION SECTION N101 GENERAL 213 SECTION N103 TECHNICAL REQUIREMENTS 213 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 93 of 110 10 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 17th day of July, 2017. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of July, 2017. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of July, 2017 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Stephanie Carlile, Acting City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 47, Series of 2017. Page 94 of 110 11 Stephanie Carlile Page 95 of 110 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dan Long DEPARTMENT: Public Works DATE: August 7, 2017 SUBJECT: ServiCenter Roof Replacement DESCRIPTION: ServiCenter Roof Replacement RECOMMENDATION: Staff recommends Council approve, by motion, contract #CFC/17-18 to Garland/DBS Inc., in the amount of $271,806 to replace the roof on the main building at the ServiCenter. PREVIOUS COUNCIL ACTION: Council approved the 2017 Budget SUMMARY: The roof on the main building at the ServiCenter has many leaks in numerous areas of the building. Many repairs, by several different contractors have been made over the years in an attempt to stop the chronic leaking. To this date, none have been successful and the lea ks continue. During our 2016 roof inspection by Garland engineers, the roof was identified as no longer repairable and needs to be replaced. Early in 2017 Garland executed an Invitation to Bid process to provide the possible cost. the scope of the work for the project was as follows: 1- New gutter system and downspouts will be installed. 2- Over the existing Standing Seam roof assembly, install precut ISO flue filler insulation in all flutes. 3- Steel framing sections shall be anchored to the roof purlins. Install 6" wide 20 ga. G-90 galvanized flat sheet through the existing metal roof panel to roof purlins every 12" o.c. The 6" wide sheet sections are installed in the pattern of the steel framing grid. Steel framing sections shall then be installed by fastening to the 6" wide 20 ga. sheet with metal deck fasteners. 4- 3/4" hat channels will be installed as per manufacturers guidelines. 5- Installed 3/4" hat channels will be filled with RIGID ISO insulation. 6- Over the new insulation the contractor will install a new R-Mer lite insulated steel roof system including all necessary components and flashings. ANALYSIS: Page 96 of 110 FINANCIAL IMPLICATIONS: The cost of the replacement is $271,806. It will be funded from the ServiCenter Fund, 61 -1008- 61201. ServiCe nter Fund Status: 2016 Year End Fund Balance $2,085,385 2017 Year to Date Capital Expense (thru June) $587,190* Fund Balance thru June $1,424,704 2017 Projects Expenditures: • Vehicle Wash* • Fuel Island* • Front Gate Relocation • Roof Replacement • Paint Main Building • Asphalt resurfacing Projected Year End Fund Balance $365,000 ATTACHMENTS: Garland Proposal ServiCenter Video Contract Page 97 of 110 GarIandlDBS,Inc.rm 3800 East 91*‘Street “’I °'”“".°-Cleveland,OH44105 D B S V 1 Phone:(soo)762-8225 ... S i n C e 1 8 9 5 Fax:(216)883-2055 5T’ ROOFING MATERIAL AND SERVICES PROPOSAL City of Englewood Service Center Date Submitted:05/19/2017 Proposal #:25-CO-170529 MICPA #14-5903 Please Note:The following estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA)with Cobb County, GA and U.S.Communities.This estimate should be viewed as the maximum price an agency will be charged under the agreement.Garland/DBS,Inc.administered a competitive bid process for the project with the hopes of providing a lower market adjusted price whenever possible. Scope of Work: 1.New Gutter system and downspouts will be installed. 2.Over the existing Standing Seam roof assembly,install precut ISO flue filler insulation in all flutes. 3.Steel framing sections shall be anchored to the roof purlins.Install 6"wide 20 ga.G-90 galvanized ?at sheet through the existing metal roof panel to roof purlins every 12''0c. The 6"wide sheet sections are installed in the pattern of the steel framing grid.Steel framing sections shall then be installed by fastening to the 6"wide 20 ga sheet with the metal deck fastener. %”Hat channels will be installed as per manufacturers guidelines. Install '/4“Hat Channels will be filled with Rigid ISO insulation. .Over the new insulation the contractor will install a new R—MerLite insulated steel roof system including all necessary components and flashings. °‘.°".4> Line Item Pricing Item Description Unit Price Quantity Unit Extended Price METAL ROOFING SYSTEMS -LOW SLOPE & STEEP SLOPE (2):ROOF CONFIGURATION Flat Seam Metal Roof System —8‘Wide /30 Gauge: INSULATION OPTION:-Mechanically Fastened Polyisocyanurate with an Average R-Value of 20 - Includes Panel and Installation of Roof System 14.51.02 19500 SF $243,555 Page 98 of 110 Sub Total Prior to Multipliers $243,555 JOB SITE SPECIFIC MULTIPLIERS APPLIED TO EACH LINE ITEM ON ASSOCIATE JOB: MULTIPLIER -ROOF SIZE IS GREATER THAN 10,000 SF,BUT LESS THAN 20,000 SF 22.46 MultiplierApplied when Roof Size is Less than 20,000 SF,but Greater than 10,000 SF Fixed Costs:Equipment,Mobilization,Demobilization, Disposal,&Set—UpLabor are Not Completely Absorbed Across Roof Area 15%%$36,533 Sub-Totals After Multipliers $280,088 Base Bid Total Maximum Price of Line Items under the MICPA $280 088 Competitive Bid Results: Tri-Lam Roo?ng and Waterproo?ng $271,806 Progressive Roofing $302,848 Roofmasters Roo?ng &Sheet Metal Co.,Inc.$352,039 Flynn Southwest LP $489,775 Unforeseen Site Conditions: Wood Blocking Replacement 11.40 per If Decking Replacement 17.10 per sqft ClarificationsIExclusions: 1.Sales and use taxes are excluded.Please issue a Tax Exempt Certificate. 2.Permits are excluded. 3.Bonds are included. 4.Plumbing,Mechanical,Electrical work is excluded. 5.Masonry work is excluded. 6.Any work not exclusively described in the above proposal scope of work is excluded. Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications.This could range anywhere from wet insulation,to the replacement of deteriorated wood nailers.Proposal pricing valid through 12/31/2017. Page 99 of 110 lf you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, Jeff Kozak Garland/DBS,Inc. (216) 430-3518 'kozak@ga rlandind.com Page 100 of 110 Page 101 of 110 .E??lewoodPROCUREMENTDIVISION CONTRACT #CFCI17-18 §271,806 THIS CONTRACT and agreement,made and entered into this 27th day of June 2017,by and between the City of Englewood,a municipal corporation of the State of Colorado hereinafter referred to as the “City",and GarlandIDBS lnc.whose address is 3800 East 915‘Street,Cleveland,OH,44105,(“Contractor"), commencing on the 27"‘day ofJune,2017,and continuing for at least ten (1 0)days thereafter the City advertised that sealed proposals would be received for furnishing all labor,tools,supplies,equipment,materials and everything necessary and required for the following: PROJECT:Servicenter Roof Replacement WHEREAS,proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of Public Works to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore,and ' WHEREAS,pursuant to said recommendation,the Contract has been awarded to the above named Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE,in consideration of the compensation to be paid and the work to be performed under this contract,the parties mutually agree as follows: A.Contract Documents:It is agreed by the parties hereto that the following list of instruments,drawings and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments,drawings,and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full: Invitation to Bid Contract (this instrument) Insurance Performance Payment Maintenance Bond Scope of Work:The Contractor agrees to and shall furnish all labor,tools,supplies,equipment, materials and everything necessary for and required to do,perform and complete all the work described, drawn,set forth,shown and included in said Contract Documents. C.Terms of Performance:The Contractor agrees to undertake the performance of the work under this Contract within ten (10|days from being notified to commence work by the Director of Public Works. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.englewooclgov.org CFCI17-18 Servicenler Roof Replacement Page 102 of 110 D.indemnification:The city cannot and by this Agreement/Contract does not agree to indemnify,hold harmless,exonerate or assume the defense of the Contractor or any other person or entity,for any purpose.The Contractor shall defend,indemnify and save harmless the City,its of?cers,agents and employees from any and all claims,demands,suits,actions or proceedings of any kind or nature including Worker's Compensation claims,in any way resulting from or arising out of this Agreemenfjcontract: provided,however,that the Contractor need not indemnify or save harmless the City,its of?cers,agents and employees from damages resulting from the sole negligence of the City’s officers,agents and Employees. E.Termination of Award for Convenience:The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination,at least thirty (30)days before the effective date of such termination.in that event all finished or un?nished service, reports,material (s)prepared or furnished by the Contractor after the award shall,at the option of the City, become its property.Ifthe award is terminated by the City as provided herein,the Contractor willbe paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful ?rm agreed to perform under this award,less payments of compensation previously made,Ifthe award is terminated due to the fault of the Contractor the clause relating to termination of the award for cause shall apply. F.Termination of Award for Cause:if,through any cause,the Contractor shall fail to ful?ll in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants,agreements or stipulations of the award,the City shall have the right to terminate the award by giving written notice to the Contractor of such termination and specifying the effective date of termination.In that event,all furnished or un?nished services,at the option of the City,become its property,and the Contractor shall be entitled to receive just,equitable compensation for any satisfactory work documents,prepared completed or materials as furnished. Notwithstanding the above,the Contractor shall not be relieved of the liabilityto the City for damages sustained by the City by virtue of breach of the award by the Contractor and the City may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined. G.Terms of Payment:The City agrees to pay the Contractor for the performance of all the work required under this contract,and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's proposal attached and made a part hereof,the total estimated cost thereof being Iwg Hundred Seventy One Thousand Eiqht Hundred and Six Dollars.($271,806.00).A 5%retainage of the awarded project amount will be withheld until final inspection and acceptance by the Project Manager. H.Appropriation of Funds:At present,$271,806.00 has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary,the parties understand and acknowledge that each party is subject to Article X,§20 of the Colorado Constitution (“TABOR").The parties do not intend to 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/Contract to the contrary,all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period ending upon the next succeeding December 31.Financial obligations of the City payable after the 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.englewoodgov.org CFCI17-18 Servicenler Roof Replacement Page 103 of 110 current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available in accordance with the rules,regulations,and resolutions of the City and applicable law.Upon the failure to appropriate such funds,this Agreement shall be deemed terminated.The City shall immediately notify the Contractor or its assignee of such occurrence in the event of such termination. I.Liguidated Damages:The City and Contractor recognize that time is of the essence in this Agreement because of the public interest in health and safety,and that the City will suffer financial loss,and inconvenience,if the Work is not complete within the time specified in the bid documents,plus any extensions thereof allowed in accordance with the General Conditions.They also recognize the delays,expense and difficulties involved in proving,in a legal proceeding,the actual loss suffered by the City if the Work is not complete on time.Accordingly,instead of requiring any such proof,the City and Contractor agree that as liquidated damages for delay,but not as a penalty,Contractor shall pay the City $0.00 for each day that expires after the time specified for substantial completion until the Work is complete,and $0.00 for each day that expires after the time specified for ?nal completion until the Work is finally complete. J.Assignment:Contractor shall not,at any time,assign any interest in this Agreement or the other Contract Documents to any person or entity without the prior written consent of the City specifically including,but without limitation,moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law).Any attempted assignment which is not in compliance with the terms hereof shall be null and void.Unless specifically stated to the contrary in any written consent to an Assignment,no Assignment willrelease or discharge the Assignor from any duty or responsibility under the Contract Documents. K.Contract Binding:It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto,their heirs,executors,administrators,assigns,and successors. L.State Statute:if this project is for a public works project or public project,as de?ned in Section 849-102(2) C.R.S.the contractor shall comply with 8-17-101 C.R.S.which requires the contractor to use at least eighty percent (80%)Colorado labor for any public works project financed in a whole or in part by State, counties,school districts,or municipal monies. M.Contractors Guarantee:The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of one (1)year from all causes arising from defective workmanship and materials,and to make all repairs arising from said causes during such period without further compensation.The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof,shall rest entirely with the Director of Public Works whose decision upon the matter shall be final and obligatory upon the Contractor. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.eng|ewoodgov.org CFCI17-18 Servicenler Root Replacement Page 104 of 110 VERIFICATION OF COMPLIANCE WITH C.R.S.8-17.5-101 ET.SEQ.REGARDING HIRING OF ILLEGAL ALIENS (a)Employees,Contractors and Subcontractors:Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract.Contractor shall not contract with a subcontractor that fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract.[CRS 8-17.5-102(2)(a)(|)&(II).] (b)Veri?cation:Contractor will participate in either the E—Verifyprogram or the Department program,as defined in C.R.S.8-17.5-101 (3.3)and 8-1 7.5—101(3.7)respectively,in orderto confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract.Contractor is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c)Duty to Terminate a Subcontract:If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien,the Contractor shall: (1)notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien;and (2)terminate the sub-contract with the subcontractor if,within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien;except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with the illegal alien. (d)Duty to Comply with State Investigation:Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S.8-17.5-102 (5). (e)Damages for Breach of Contract:The City may terminate this contract for a breach of contract,in whole or in part,due to Contractor's breach of any section of this paragraph or provisions required pursuant to C.R.S.8-17.5-102.Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph. 1000 Englewood Parkway.Englewcod,Colorado 80110-2373 (303)762-2300 vwvw.englewoodgov.org CFC/I7-18 servicenler Rant Replacement Page 105 of 110 IN WITNESS WHEREOF,the parties hereto have executed this Contract the day and year first written above. CITY OF ENGLEWOOD By:Date: (Director) By:Date: (City Manager) By:Date: (Mayor) ATTEST: City Clerk 44%;/Des1; Contractor (print compan name) By:Date:('27-?Ol7 (Signature) (Print name and Title) 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 vwvw.engIewoodgov.org CFCI17-18 Servicenter Roof Replacement Page 106 of 110 SCHEDULE A OUTLlNE OF STATEMENT OF WORK (Provide the requested below information) 1.GENERAL Dan Long Facilities &Operations Manager City of Englewood,Co. 2800 S.Platte River Dr. Englewood,Co.80110 303-762-2582 d|ong@englewoodco.gov Hayden Garrett Territory Manager The Garland Company Cell 970-415-3255 hgarrett@garlandind.com PSAI15-8,May 11,20156 2.NAMES,PHONE NUMBERS AND EMAlLS OF PROJECT COORDINATORS Hayden Garrett Territory Manager The Garland Company Cell 970-415-3255 3.SUMMARY OF PURPOSE FOR STATEMENT OF WORK Replace roof,gutters and downspouts on north section of Servicenter 4.EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) 5.OTHER CONSULTANT RESOURCES [if desired,provide for the Consu|tant’s commitment of its own staff,facilities,and other resources by nature or item] 6.DESCRlPTlON OF WORK PRODUCT AND DELIVERABLES Scope of Work: 1-New Gutter system and downspouts will be installed. 2-Over the existing Standing Seam roof assembly,install precut ISO flue ?ller insulation in all flutes. 3-Steel framing sections shall be anchored to the roof purlins.lnstall 6"wide 20 ga.G-90 galvanized flat sheet through the existing metal roof panel to roof purlins every 12"o.c. Page 107 of 110 The 6"wide sheet sections are installed in the pattern of the steel framing grid.Steel framing sections shall then be installed by fastening to the 6"wide 20 ga sheet with the metal deck fastener. 4-3/.”Hat channels will be installed as per manufacturers guidelines. 5-Install 3/s”Hat Channels will be filled with Rigid ISO insulation. 6-Over the new insulation the contractor will install a new R-Mer Lite insulated steel roof system including all necessary components and flashings. 7.SPECIAL TERMS,IF ANY Work is not yet scheduled 8.MODE OF PAYMENT Check based on approved pay application 9.PAYMENT SCHEDULE City will pay Consultant for the work in accordance with the following payment schedule.All payments to Consultant are contingent on Consu|tant’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. [Insert payment schedule] 10.SCHEDULE AND PERFORMANCE MILESTONES No schedule has been established for this project.The goal is to begin as soon as it can be scheduled following Council approval. 11.ACCEPTANCE AND TESTING PROCEDURES 12.LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by Consultant at its regular office located in __Denver City will provide the City office space and support as it agrees may be appropriate,at its facility. IN WITNESS WHEREOF,pursuant and in accordance with the Professional Services Agreement between the parties hereto dated ,20___,the parties have executed this Statement of Work as of this clay of ,20 CITY OF ENGLEWOOD,COLORADO By: (Signature) (Print Name) Page 108 of 110 Title: Date: Consultant Name By: (Signature) (Print Name) Title: Date: Page 109 of 110 égténl ZS:. Consultant Name (Print Name) Title:Cg,»-(1.,//cf 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762-2300 www.eng|ewoodgov.org CFCII 7-18 Sarvicenler Raof Replacemenl Page 110 of 110