Loading...
HomeMy WebLinkAbout2016-02-16 (Regular) Meeting Agenda Packet~EflQlewood 1000 Englewood Pkwy -Council Chambers Englewood, CO 8011 O 1. Call to Order. 2. Invocation. 3. Pledge of Allegiance. 4. Roll Call. 5. Consideration of Minutes of Previous Session. AGENDA Regular City Council Meeting Tuesday, Feb. 16, 2016 •7:30 p.m. a. Minutes from the Regular City Council Meeting of Feb. 1, 2016. 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. Elaine Hults, Englewood resident, will address Council regarding Englewood Housing Authority. b. Doug Cohn, Englewood resident, will address Council regarding historic preservation. c. Jeremy Letkomiller, Englewood resident, will address Council regarding increasing safety concerns in north Englewood. d. Josh Painter will address Council regarding the All Aboard Preschool. 7. Recognition of Unscheduled Public Comment. Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. (This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification , but there will not be any dialogue . Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion.) Council Response to Public Comment. 8. Communications, Proclamations, and Appointments. a. A resolution appointing David Pittinos from alternate seat to a regular member on the Planning & Zoning Commission and a certificate recognizing said appointment. 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. Englewood City Council Agenda February 16, 2016 Page 2 b. A proclamation declaring congratulations and appreciation for the 2016 Shen Yun show in Colorado , and recognize its artistic contribution to the people of Colorado. c. Certificate recognizing the reappointment of Joseph DeMoor to the Malley Center Trust Fund. d. Certificate recognizing the reappointment of Thomas Finn to the Board of Adjustments and Appeals. e. Certificate recognizing the reappointment of Angela Schmitz to the Board of Adjustments and Appeals. f. Certificate recognizing the reappointment of Mark Husbands to the Parks & Recreation Commission. g. Certificate recognizing the reappointment of Karen Miller to the Parks & Recreation Commission. h. Certificate recognizing the reappointment of Roger Mattingly to the Keep Englewood Beautiful Commission. i. Certificate recognizing the reappointment of Kristin Martin to the Keep Englewood Beautiful Commission. j. Certificate recognizing the reappointment of Thomas Burns to the Water and Sewer Board. k. Certificate recognizing the reappointment of Mel issa Izzo to the Public Library Board. I. Certificate recognizing the reappointment of Catherine Townley to the Planning and Zoning Commission. m. Certificate recognizing the reappointment of Steve King to the Planning & Zoning Commission. n. Certificate recognizing the reappointment of James Phelps to the Non-Emergency Retirement Board. o. Certificate recognizing the appointment of Miguel Corral to the Alliance for Commerce in Englewood Committee. p. Certificate recognizing the appointment of Thomas Kruk to the Cultural Arts Commission. Ple ase note: If you have a disability and need auxi li ary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Englewood City Council Agenda February 16, 2016 Page 3 q. Certificate recognizing the appointment of Bryce Alexander to the Cultural Arts Commission. r. Certificate recognizing the appointment of Daniel Black as the youth member to the Cultural Arts Commission. s. Certificate recognizing the appointment of Andrew Keller to the Election Commission. t. Certificate recognizing the appointment of Caroline Godwin to the Keep Englewood Beautiful Commission. u. Certificate recognizing the appointment of Brett Kotal to the Keep Englewood Beautiful Commission. v. Certificate recognizing the appointment of Bethany Wilson to the Keep Englewood Beautiful Commission. w. Certificate recognizing the appointment of Steve Reiter to the Public Library Board. x. Certificate recognizing the appointment of William Dunlap to the Public Library Board. y. Certificate recognizing the appointment of Jessica Hall to the Public Library Board. z. Certificate recognizing the appointment of Naomi Lumban-Gaol as youth member to the Public Library Board. aa. Certificate recognizing the appointment of Jim Woodard to the Englewood Urban Renewal Authority. bb. Certificate recognizing the appointment of Paul Glista as alternate to the Englewood Urban Renewal Authority. cc. Certificate recognizing the appointment of Don Roth as alternate member to the Water and Sewer Board. 9. Consent Agenda Items a. Approval of Ordinances on First Reading. b. Approval of Ordinances on Second Reading. 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 . Englewood City Council Agenda February 16, 2016 Page 4 i. Council Bill 5 -Approve a bill for an ordinance, on second reading, to amend the previous agreement for funding for the RiverRun Trailhead. Staff: Director or Parks, Recreation and Library Dorothy Hargrove ii. Council Bill 6 -Approve a bill for an ordinance, on second reading, to approve an Intergovernmental Agreement with Urban Drainage and Flood Control District for a bioretention demonstration project at RiverRun trailhead. Staff: Director of Parks, Recreation and Library Dorothy Hargrove iii. Council Bill 7 -Approve a bill for an ordinance, on second reading, authorizing the Police Department to apply for and accept funding in the amount of $20,035 from the 2016 Victim Assistance and Law Enforcement Grant. Staff: Deputy Police Chief Jeff Sanchez c. Resolutions and Motions. i. The Finance and Administrative Services Department recommends Council approve a resolution approving a contract for $43,088.70 with Structured Plus Communications for fiber connection and network connectivity from Broken Tee Golf Course to the City of Englewood Network with money from the Capital Projects Fund. Staff: Interim IT Manager Justice Saifa-Bonsu ii. The Internal Revenue Service requires certain amendments be included with the ICMA- RC Governmental Money Purchase Plan & Trust Adoption Agreement for Plan number 108369 to continue the qualified status. Staff recommends the City Council approve the attached resolution. Staff: City Manager Eric Keck iii. The Internal Revenue Service requires certain amendments be included with the ICMA- RC Governmental Money Purchase Plan & Trust Adoption Agreement for Plan number 108370 to continue the qualified status. Staff recommends the City Council approve the attached resolution. Staff: City Manager Eric Keck iv. The Internal Revenue Service requires certain amendments be included with the ICMA- RC Governmental Money Purchase Plan & Trust Adoption Agreement for Plan number 108371 to continue the qualified status. Staff recommends the City Council approve the attached resolution. Staff: City Manager Eric Keck v. The Internal Revenue Service requires certain amendments be included with the ICMA- RC Governmental Money Purchase Plan & Trust Adoption Agreement for Plan number 108372 to continue the qualified status. Staff recommends the City Council approve the attached resolution. Staff: City Manager Eric Keck 10. Public Hearing Items. 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. 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. Englewood City Council Agenda February 16, 2016 Page 5 i. Council Bill 8 -Community Development staff recommends that City Council approve a bill for an ordinance approving the Brew on Broadway's paseo lease renewal for a portion of the City-owned property at 3499 South Broadway. Staff : Economic Development Manager Darren Hollingsworth ii. Council Bill 9 -Community Development staff recommends that City Council approve a bill for an ordinance approving ZOMO's paseo lease agreement for a portion of the City- owned property at 3499 South Broadway. Staff: Economic Development Manager Darren Hollingsworth iii. Council Bill 1 O -Community Development staff recommends Council adopt a bill for an ordinance authorizing the Second Amendment to the Intergovernmental Agreement between the City of Englewood and the Regional Transportation District (RTD) for cost sharing for operation of the Art Shuttle for 2016. Staff: Senior Planner Harold Stitt b. Approval of Ordinances on Second Reading. c. Resolutions and Motions. i. The Police Department is recommending that City Council approval, by motion, of the 2016 Logistics Systems Service, License and Maintenance Agreement in the amount of $30,005.00 for the Police Department Records Management System. Staff: Police Cmdr. Tim Englert ii. The Parks, Recreation & Library Department recommends that Council approve, by motion, the purchase of a 2016 Chevrolet Silverado 2500 pickup truck . Staff: Open Space Manager Dave Lee iii. The Parks, Recreation & Library Department recommends that Council approve, by motion, the purchase of two John Deere 1580 Terrain Cut mowers with a 72 inch deck. Staff: Open Space Manager Dave Lee iv. The Utilities Department recommends Council approve, by motion, the purchase of a Chevrolet Silverado 2500 truck. Staff: Fleet Manager Pat White v. The HR Department recommends that Council approve a resolution setting the list of persons eligible for appointment as hearing officers for disciplinary and merit appeals. Staff: HR Manager Vince Vega vi. The HR Department recommends that Council approve, by motion, the appointment of a hearing officer for a disciplinary appeal. Staff: HR Manager Vince Vega 12. General Discussion. a. Mayor's Choice. 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. En glewood Ci ty Council Age nd a Febru ary 16, 201 6 Page 6 i. Notice of a Special City Council Meeting on Monday, February 22, 2016, at 5:30 p.m. regarding an Executive Session on the lease between the Englewood Mclellan Reservoir Foundation (EMRF) and MKS , LLC. b. Council Members ' Choice . i. Discussion on selecting an executive search firm to facilitate the City Attorney recruitment process. ii. Civic Center Facility Discussion Executive Session 13. City Manager's Report. 14. City Attorney's Report. i. Martinez vs . City of Englewood 15. Adjournment. Pl eas e no te: If yo u have a di sab ility and nee d auxil ia ry aids or services, pl ease no ti fy th e Ci ty of En glewood (3 03-762-2405) at least 48 ho urs in advance of w hen se rvices are needed . Administrative Dept. Finance Dept. Section 8 Dept. Occupancy Dept. Maintenance Dept. Adminlstrat.ive ·Manager' Financial Services Manager Agency C.lerk c::,4 ~-' c: ·-. 'Ii , 2015 Orgchart Occupancy Specialist Accounting Technician ENGLEWOOD HOUSING AUTHORITY ORGANIZATIONAL CHART Board of Commissioners Executive Director Section 8 • Administrator Property Manager Housing Technician II Housing Technician I CONTRACT Service Coordinator Vacant Until CDBG Grant Request is Funded Maintenance Admlni~trator . ./ ~. :t, ij Operations Manager Janltor/Mal ntena~ce · recfl'61ci~~ . · Maintenance Technician CONTRACT FSS Coordinator Marlene "Marty" Mossman ' ' ·-~· '.'; :: ';: ... ~ '· .. .... _ ....... ............. ~ I EHA PROPERTY LIST Owned and Managed by EHA 3425 South Sherman Street 3333S. Lincoln St 2186-88 W. Warren 2213-15 W. Vassar 3028-30 S. Fox 3123-25 S. Lincoln 3726-30 S. Inca 3002-4 S. Galapago 4761 S. Grant Limited Partnership No Management Role 3590 S. Pennsylvania 3500 S. Sherman 3550 S. Deleware EHA does not manage any property owned by the City of Englewood NAME PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED P-UBLIC COMMEN:t February 16, 2016 Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. Please limit your presentation to three minutes ADDRESS TOPIC • NAME AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT Please limit your presentation o three minutes RINT ADDRESS )TOPIC I • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: February 16, 2016 Ba Appointment of David Pittinos from alternate seat to regular seat on Planning & Zoning Commission Initiated By: Staff Source: City Council PREVIOUS COUNCIL ACTION Council has appointed alternates to fill regular seats on Boards and Commissions. RECOMMENDED ACTION The Planning & Zoning Commission recommends Council approve a resolution appointing David Pittinos from alternate to regular member on Planning & Zoning. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Although Chad Knoth applied and interviewed for his previous seat on P&Z, he had already served 3 terms, and is unable to serve 4 consecutive terms, which left a vacancy on P&Z after the February 2016 appointment process. David Pittinos applied for Planning & Zoning Commission in 2014. He was interviewed by City Council in January 2015 and appointed as alternate member for P&Z effective February 2, 2015. As an alternate, he attended 18 of 24 meetings. P&Z Vice Chair Steve King made a recommendation to appoint alternate David Pittinos to fill that vacancy. FINANCIAL IMPACT LIST OF ATTACHMENTS Resolution Application Letter of Recommendation • • • From: Steve King <skcolo@gmail.com > Sent: Wednesday, January 27, 2016 9:28 AM To: Julie Bailey Subject: Re: Letter of Recommendation for Mere Dear City Council members, This letter is to inform you that it is my recommendation that David Pittinos, the current alternate board member of the Planning and Zoning Commission, be instated as a regular member due to the vacancy of a regular member who was term limited. David has been very beneficial as an alternate and understands the Commission procedures and how we regularly function as a group. Thank you for your consideration, Steve King Vice Chair, En lewood Plannin and Zanin Commission. 1'n'f ovostf ~ ti.Fro Th is email has been sent from a virus-free computer protected by Avast. www.avast.com • {Please type or print using bla.ck Ink) CITY OF ENGLEWOOD APPLICATION FOR BOARD OR COMMISSION APPOINTMENT Date October 21, 2014 U) • -rv ,..,. ,, ' . N David M. "Mere• Plttinos ame --------~-~---------------------~ H Add 3035 South Clarkson Street, Englewood, Colorado 80113 ome ress-------------------------~~--~ B . Add 6400 South Fiddler's Green Circle, Suite 1000, Greenwood Village, CO 80111 us1ness ress~---------~~~---------~---~~~ Home Phone _3_o3_-a_o_s-_a_4a_o ____ Bus. Phone _a_oa-_1_ss_-2_s2_s ____ E-Mail mpittlnos@bfwlaw.com How long have you lived in Englewood? Years?_8 _______ Months7_2 _____ _ How long have you lived at this address? Years7_8 _______ Months?_2 _____ _ Education and Emerience List schools or colleges attended, courses of study, degrees conferred, and years attended. Duke University, Environmental Science and Policy, A.B .. 1992-1996 University of Denver College of Law, J.O., 2001-2004 Starting from the most recent, please list professional or general experience you want considered; i.e. name of business or profession, position held or type of experience, and dates worked. Shareholder, Bums, Figa & Will, P.C. I began working at Bums Figa & Wiii in 2003 while I was in law school and have worked there since. My practice is focused on helping clients resolve real estate disputes. Community Activities List community, civic, social, or other activities you want considered. Please include name of organization, nature of your involvement and dates involved. City of Englewood, Board of Adjustment and Appeals, 2011 to Present. University of Denver Law School, Alumni Council, 2011 to Present For City use, only. Please do not fill In. • Date Received: // • f • .!l ()l"f= 2 ____ _ 3 _____ 4 ____ ~_5 ____ ~_ Choices: District------------ • • • Narrative Statement Please provide a brief statement indicating your interest in being appointed to a board or commission. You may attach a separate sheet with additional information you want considered. I currently am on the Board of Adjustment and Appeals and would like to move to the Planning and Zoning Commission. I have had a great experience on the Board of Adjustment and Appeals but would like to participate on a more active commission that Is more Involved in the development of Englewood. Board. Commission. or Authority Preference Are you currently serving on a Board or Commission? _Y ...... es...__ __ If so, which one? Board of Adjustment and Appeals Are you interested in applying for reappointment to this Board or Commission? If there is no P+Z seat If you are a new applicant or a current board member interested in serving on additional boards, please list the Boards or Commissions on which you might like to serve. Please indicate your preference, up to five (5) boards, numerically with number '1' being your first choice. _2__ Board of Adjustment and Appeals __ Budget Advisory Committee __ Code Enforcement Advisory Committee Election Commission __ Flreftghter's Pension Board __ Housing Authority __ Keep Engh:wuuu Bt!auliful Co111111issio11 ___ Malley Center Trust Fund ___ Non-Emergency Retirement Board ___ Parks & Recreation Commission Police Officer's Pension Board ------Public Library Board ___ Transportation Advisory Committee ___ Urban Renewal Authority Are you a City employee?_N_o ________ Former City employee?_N_o _______ _ If yes, what department/position?_N-/A"---------------------- Are you related to a City employee? _N __ o ____ If yes, what is relationship? .... N-.IA ______ _ \Vhatisnameofperson? __________________________ ~ \Vhat evenings (Monday through Thursday) are you unavailable to attend meetings? Second Tuesday of Each Month If you are now a board, commission or authority member and are reapplyine for your current board or commission, the application deadline is Friday, November 7, 2014 at S p.m. If you are a new applicant, please complete an application and return it by Friday, January 2, 2015 at S p.m. to the City Manager's Office, City of Englewood, 1000 Englewood Parkway, Englewood, Colorado 80110. Interviews will be held by appointment Monday evening, January 12, 2015. If you have any questions, please call the City Manager's Office at 303-762-2311 . Revised 10/14/14 • • • RESOLUTION NO. SERIES OF 2016 A RESOLUTION APPOINTING DAVID PITTINOS TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission makes recommendations to City Council regarding the master plan, the comprehensive zoning ordinance, proposed subdivisions as well as capital improvements; and WHEREAS, there is a vacancy on the Englewood Planning and Zoning Commission; and WHEREAS, David Pittinos was previously named as an alternate to the Englewood Planning and Zoning Commission; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; WHEREAS, the Englewood City Council desires to appoint David Pittinos to the Englewood Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. David Pittinos is hereby appointed to the Englewood Planning and Zoning Commission. David Pittinos term will be effective February 1, 2016 and shall expire February 1, 2020. ADOPTED AND APPROVED this 16th day of February, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2016. Loucrishia A. Ellis, City Clerk , COUNCIL COMMUNICATION ruary 16 , 2016 Initiated By: Agenda Item: 9bi Staff Source: Subject: Amendment to Agreement regarding RiverRun Trailhead-2nd Reading Department of Parks , Recreation and Library Dorothy Hargrove , Parks , Recreation and Library Director COUNCIL GOAL The development of parks and access to open space supports the City's mission to promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity . PREVIOUS COUNCIL ACTION • Council Bill No . 48, Ordinance No. 43, series of 2015 , authorizing an amendment to the Intergovernmental Agreement regarding the construction of drainage and flood control improvements for South Platte River at Oxford Avenue between the Urban Drainage and Flood Control District, the Colorado Water Conservation Board and Arapahoe County by adding the City of Englewood , the City of Sheridan and the South Suburban Parks and Recreation District as participants . • Resolution No . 87 , Series of 2015, authorizing The City's Arapahoe County Open Space grant application for the construction of the River Run Trailhead Phase II. • Council Bill No . 25 , Ordinance No . 27 , series of 2015, authorizing an intergovernmental agreement with Arapahoe County for the acceptance and use of Open Space grant funding in the amount of $300 ,000 for • the construction of the River Run Trailhead Phase I. Resolution No . 6, Series of 2015, authorizing The City's Arapahoe County Open Space grant application for the construction of the River Run Trailhead Phase I. • Council Bill No . 56 , Ordinance No. 50 , series of 2014, authorizing an Intergovernmental Agreement regarding the construction of drainage and flood control improvements for South Platte River at Oxford Avenue between the Urban Drainage and Flood Control District, the Colorado Water Conservation Board and Arapahoe County by adding the City of Englewood , the City of Sheridan and the South Suburban Parks and Recreation District as participants . • Resolution No. 38, Series of 2014 , authorizing $100 ,000 funding for River Run Project support from Arapahoe County Open Space Fund . • Council Bill No . 41 , Ordinance No . 38 , Series of 2011 , authorizing an Intergovernmental Agreement accepting the 201 O Riverside Park Planning grant between Arapahoe County and the City of Englewood , Colorado . • Resolut ion No . 89 Series of 2010 , in support of the City's Arapahoe County Open Space (ACOS) grant application for the Riverside Park Planning grant. RECOMMENDED ACTION Staff recommends City Council adopt a bill for an ordinance , on second reading, to approve an Intergovernmental Agreement amending the previous agreement (Council Bill No . 48, Ordinance No. 43 , series of 2015), which amended funding for the RiverRun Project. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The South Platte Working Group is a consortium of interested parties whose goal is to make improvements along the South Platte River. The intent is to provide better accessibility to the river for recreational use. South • tte Working Group members include ; City of Englewood, City of Sheridan , City of Littleton, Arapahoe unty, South Suburban Parks and Recreation District, the Colorado Water Conservation Board , Urban Drainage and Flood Control District, the Army Corp of Engineers and other interested parties . The primary focus area for the City of Englewood has been the area between Union Avenue and Oxford Avenue known as "RiverRun Project". Key projects in the area include a passive walking/biking trail on the east side of the river, new kayak shoots in the river at Oxford Avenue, channelization of the river for faster water flow, improvements for fishing and recreation access and the development of the RiverRun Trailhead • (northeast corner of Oxford Avenue and the South Platte River) at Broken Tee Golf Course. The South Platte Working Group Project Funding Summary Table is included as part of the Amendment to the Funding Agreement between the City of Englewood, Urban Drainage and Flood Control District, the City of Sheridan, South Suburban Parks and Recreation District and Arapahoe County . The agreement formalizes the 2016 funding of $1 ,025 ,000 to the RiverRun Project from the City of Englewood. FINANCIAL IMPACT Funding Sources : 2015 Arapahoe County Open Space Grant Phase II 2015 Conservation Trust Fund 2015 Open Space Fund LIST OF ATTACHMENTS Ordinance Total - $ 500,000 $ 75 ,000 $ 450,000 $1,025,000 • • • • • ORDINANCE NO. SERJES OF 2016 BY AUTHORJTY COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING AN AMENDMENT TO AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH PLATTE RJVER AT OXFORD AVENUE AGREEMENT NO. 11-07.25D BETWEEN THE CITY OF ENGLEWOOD, THE URBAN DRAINAGE AND FLOOD CONTROL DISTRJCT, ARAPAHOE COUNTY, THE CITY OF SHERIDAN AND THE SOUTH SUBURBAN PARKS AND RECREATION DISTRJCT REGARDING RJVERRUN TRAILHEAD. WHEREAS, the purpose of this Agreement is the construction of drainage and flood control improvements for the South Platter River at Oxford Avenue ("Project"); and WHEREAS, the implementation Agreement and this Amendment define the responsibilities and financial commitments of all of the parties; and WHEREAS, the implementation Agreement and this Amendment defines the financial commitments and responsibilities of the parties regarding maintenance of the project; and WHEREAS, the "Principles of Cooperation" Agreement outlines the implementation strategy for the South Platte River at Oxford Avenue improvement project with the goal of promoting a healthy river in an attractive setting which creates a quality recreational experience; and WHEREAS, in 2011 the Urban Drainage and Flood Control District and the Colorado Water Conservation Board entered into an intergovernmental agreement entitled " Agreement Regarding Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue" (Agreement NO. 11-07 .25); and WHEREAS, the Urban Drainage and Flood Control District, the Colorado Water Conservation Board and Arapahoe County entered into "Amendment to Agreement Regarding Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue-Agreement No. 11-07.25B" which added the City of Englewood, the City of Sheridan and the South Suburban Parks and Recreation District as participants by the passage of Ordinance No . 50, Series of 2014; and WHEREAS, the Urban Drainage and Flood Control District, the Colorado Water Conservation Board and Arapahoe County entered into "Agreement Regarding Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue" (Agreement No. 11 07 .25C) in 2015; and WHEREAS, the Englewood City Council authorized an amendment to the Intergovernmental Agreement regarding the construction of drainage and flood control improvements for South 1 Platte River at Oxford Avenue between the Urban Drainage and Flood Control District, the Colorado Water Conservation Board and Arapahoe County by adding the City of Englewood, the City of Sheridan and the South Suburban Parks and Recreation District as participants and added additional funding for final design to increase the level of funding by $3,020,000, by the passage of Ordinance No. 43, Series of 2015; and WHEREAS, the County Commissioners, the City of Sheridan and the City of Englewood, the Board of Directors of South Suburban Parks and Recreation District and the Urban Drainage and Flood Control District have authorized, by appropriation or resolution, all of Project costs of the respective Parties and establishing funding for the RiverRun Project; and WHEREAS, the passage of this proposed ordinance approves an Intergovernmental Agreement entitled "Amendment to Agreement Regarding Construction of Drainage and Flood Control Improvements For South Platte River At Oxford Avenue-Agreement No. 11-07.25D" amending funding for the River Run Project and formalizes the 2016 funding of $1,025,000 to the RiverRun Project from the City of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. The City Council of the City of Englewood, Colorado hereby authorizes "Amendment To Agreement Regarding Construction of Drainage And Flood Control Improvements For South Platte River At Oxford Avenue" Agreement No. 11-07 .25D, between Urban Drainage and Flood Control District, Board of County Commissioners Arapahoe County, City of Englewood, City of Sheridan and South Suburban Parks and Recreation District regarding construction of drainage and flood control improvements for the South Platte River at Oxford Avenue, attached hereto as Exhibit A. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, the "Amendment to Agreement Regarding Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue" Agreement No . 11-07.25D, for and on behalf of the City Council of the City of Englewood, Colorado. Section 3. There are no federal funds being used by Englewood on this Project. Englewood funds are from Open Space and Shareback funds. Introduced, read in full, and passed on first reading on the 1st day of February, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 4th day of February, 2016. 2 • • • • • • Published as a Bill for an Ordinance on the City 's official website beginning on the 3rd day of February, 2016 for thirty (30) days . Read by title and passed on final reading on the 16th day of February, 2016 . Published by title in the City's official newspaper as Ordinance No._, Series of 2016, on the 18th day of February, 2016 . Published by title on the City's official website beginning on the 17th day of February, 2016 for thirty (30) days. ATTEST : Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No ._, Series of 2016 . Loucrishia A. Ellis 3 AMENDMENT TO AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH PLATTE RNER AT OXFORD AVENUE Agreement No. l l-07.25D THIS AGREEMENT, made this day of , 2016, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"), ARAPAHOE COUNTY (hereinafter called "COUNTY"), CITY OF ENGLEWOOD (hereinafter called "ENGLEWOOD"), CITY OF SHERIDAN (hereinafter called "SHERIDAN"), SOUTH SUBURBAN PARKS AND RECREATION DISTRICT (hereinafter called "SSPR"), and collectively known as "PARTlES"; WITNESS ETH: WHEREAS, DISTRICT and COLORADO WATER CONSERVATION BOARD (hereinafter called "CWCB") have entered into "Agreement Regarding Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue" (Agreement No. 11-07.25) dated December 8, 2011; and WHEREAS, DISTRICT, CWCB and COUNTY have entered into "Agreement Regarding Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue" (Agreement No. 11-07.25A) dated April 17, 2014, WHEREAS, DISTRICT, CWCB, COUNTY, ENGLEWOOD, SHERIDAN, and SSPR have entered into "Agreement Regarding Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue" (Agreement No. 11-07.25C) dated December 3, 2015); and WHEREAS, CWCB's contribution for design have been fulfilled and will no longer will be party to the Agreement; and WHEREAS, PARTlES now desire to add additional funding for construction; and WHEREAS, PARTlES desire to increase the level of funding by $2,531,500; and WHEREAS, the County Commissioners of COUNTY, the City Council of SHERIDAN and ENGLEWOOD the Board of Directors of SSPR and DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective P ARTlES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTlES hereto agree as follows: 1. Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as follows: 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following: 1. Final design \dcm\agrmnt\l l\110725D 1 E x H I e· I T A • • • • • • 2. Construction of improvements; 3. Contingencies mutually agreeable to PARTIES . B. It is understood that PROJECT costs as defined above are not to exceed $8,643,500 without amendment to this Agreement. PROJECT costs for the various elements of the effort are estimated as follows: ITEM AS AMENDED PREVIOUSLY AMENDED 1. Final Design 1,470,000 $1,470,000 2. Construction 7,173,500 4,642,000 3. Contingency -0- Grand Total $8,643,500 $6,112,000 This breakdown of costs is for estimating purposes only. Costs tnay vary between the various elements of the effort without amendment to this Agreement provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest. C . Based on total PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Previously Additional Maximum Share Contributed Contribution Contribution DISTRICT 27.15% $1,547,000 $800,000 $2,347,000 CWCB 1.72% $149,000 $-0-$149,000 COUNTY 38.44% $2,891,000 $431,500 $3,322,500 SHERIDAN 10.41 % $625,000 $275,000 $900,000 ENGLEWOOD 19.38% $650,000 $1,025,000 $1,675,000 SSPR 2.90% $250,000 $-0-$250,000 TOTAL 100.00% $6,112,000 $2,531,500 $8,643,500 The City of Englewood contribution to the project is $130,000 directly contracted with CONSULT ANT to design the Broken Tee Trailhead located on the northeast corner of Oxford A venue and the South Platte River . \dcm\agnnnt\l l\110725D 2 2 . Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows: 3. 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's one- half share may come from its own revenue sources or from funds received from state, federal or other sources of funding without limitation and without prior Board approval. Payment of each party's full share (CWCB -$149,000, COUNTY -$3,322,500, SHERIDAN -$900,000, ENGLEWOOD-$1,675,000; SSPR-$250,000; DISTRICT-$2,347,000) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein . DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to COUNTY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares. All other terms and conditions of Agreement No. 11-07 .25 shall remain in full force and effect. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year first above written. (SEAL) ATTEST: \dcm\agnnnt\11\1107250 3 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT Title Executive Director Date ____________ _ • • • For the Board of County Commissioners ARAPAHOE COUNTY • By: ________ _ Authorization pursuant to Resolution 150211 Title: Director, Open Space and Intergovernental Relations Date: _________________ _ (SEAL) ATIEST: • • \dcm\agrmnt\11\1107250 4 CITY OF SHERIDAN (SEAL) AITEST: \dcm\agnnnt\11\1107250 5 By ____________ ~ • Title ____________ _ Date. ____________ _ • • • • • (SEAL) ATTEST: Loucrishia A. Ellis City Clerk \dcm\agrmnt\11\1107250 CITY OF ENGLEWOOD By ____________ _ Joe Jefferson Title ____ M_a..._y_o_r ______ _ Date ____________ _ 6 (SEAL) ATTEST: \dcm\agrmnt\11\1107250 7 SOUTH SUBURBAN PARKS AND RECREATION DISTRICT Title. ___________ _ Date. ___________ _ • • • COUNCIL COMMUNICATION Meeting Date: bruary 16, 2016 Initiated By: Agenda Item: 9bii Staff Source: Subject: Bioretention Demonstration Project RiverRun Trailhead-2nd Reading Department of Parks, Recreation and Library Dorothy Hargrove, Parks, Recreation and Library Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The development of parks and access to open space supports the City's mission to promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. PREVIOUS COUNCIL ACTION • No previous City Council Action • City Council strongly encourages protective environmental initiatives. RECOMMENDED ACTION Staff recommends City Council adopt a bill for an ordinance, on second reading, to approve an Intergovernmental Agreement between Urban Drainage and Flood Control District and the City of Englewood . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The quality of stormwater runoff has direct impacts on our lakes and streams. Polluted waters hurt stream health and limit recreation opportunities for the surrounding community. Increased flows from urbanization ~aten stability of streams and result in additional maintenance efforts . To mitigate these impacts, Wmmunities are charged with ensuring that post-construction stormwater best management practices (BMPs) are constructed and maintained properly. Urban Drainage and Flood Control District (UDFCD) assists with this effort by monitoring various BMPs to determine the efficiency of pollutant removal and stormwater reduction . Collecting these data helps UDFCD develop design criteria and recommend stormwater practices for implementation. UDFCD is actively monitoring stormwater BMPs at the Denver Botanic Gardens, a public school in Denver, the Denver Wastewater Management building, and in the right-of-way of a City of Lakewood neighborhood . UDFCD hopes to add two new sites in 2016. The RiverRun Trailhead site located at Broken Tee Golf Course in Sheridan, Colorado is an ideal research site due to its high visibility and the configuration of the bioretention basin. The site would provide a field test for new growing media specified in the USDCM . The visibility of the site will provide a public awareness component to the importance of stormwater quality and serve as a good example of how to integrate stormwater quality within the landscape. As a result this example pioneers greater appreciation and awareness for the way that water fits into Colorado's urban landscapes . The agreement specifies UDFCD will provide all instrumentation, personnel and equipment necessary to monitor stromwater for a minimum ten (10) years. No City or Federal Funds will be used in this project, and is fully funded by the UDFCD, hence there is no financial impact to the City. FINANCIAL IMPACT No financial impact to the City of Englewood J.lS! OF ATTACHMENTS .inance • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) "AGREEMENT REGARDING FUNDING OF BIORETENTION DEMONSTRATION PROJECT FOR STORMWATER QUALITY AND QUANTITY DATA GATHERING AND ANALYSIS" - AGREEMENT NO. 16-01.17 PROJECT NO. 105987, BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, the quality of stormwater runoff has direct impacts on our lakes and streams; and WHEREAS, polluted waters hurt stream health and limit recreation opportunities for the surrounding community; and WHEREAS, increased flows from urbanization threaten stability of streams and result in additional maintenance efforts; and WHEREAS, to mitigate these impacts, communities are charged with ensuring that post- construction stormwater best management practiced (BMP's) are constructed and maintained properly; and WHEREAS, Urban Drainage and Flood Control District (UDFCD) assists with this effort by monitoring various BMPs to determine the efficiency of pollutant removal and stormwater reduction; and WHEREAS, the RiverRun Trailhead site located at Broken Tee Golf Course in Sheridan, Colorado is an ideal research site due to its high visibility and the configuration of the bioretention basin and will provide a field test for new growing media specified in the USDCM ; and WHEREAS , the visibility of the site will provide public awareness component to the importance of stormwater quality and serve as a good example of how to integrate stormwater quality within the landscape; and WHEREAS, the Urban Drainage and Flood Control District is authorized to provide funding support of municipal stormwater activities (Resolution No. 61, Series of 2015) for calendar year 2016, which includes funds for the design, construction, continued field testing and the development of design guidance of stormwater best management practices for use in this region; and WHEREAS, no Federal or City funds will be used for this project, it is fully funded by the UDFCD; and 1 WHEREAS, the passage of this ordinance authorizes an intergovernmental agreement for funding of Bioretention Demonstration Project for Stormwater Quality and Quantity Data Gathering and Analysis and specifies Urban Drainage and Flood Control District in providing all instrumentation, personnel and equipment necessary to monitor storm water for a minimum of 10 years . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of Englewood, Colorado, hereby approves the Intergovernmental Agreement Regarding Funding of Bioretention Demonstration Project for Stormwater Quality and Quantity Data Gathering and Analysis -Agreement No. 16-01.17 Project No . 105987, between the Urban Drainage and Flood Control District and the City of Englewood, a copy of which is attached hereto as Exhibit 1. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, the Agreement Regarding Funding of Bioretention Demonstration Project for Stormwater Quality and Quantity Data Gathering and Analysis, for and on behalf of the City Council of the City of Englewood, Colorado. Section 3. There are no federal funds being used by Englewood on this Project. Introduced, read in full, and passed on first reading on the 1st day of February, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 4th day of February, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 3rd day of February, 2016 for thirty (30) days. Read by title and passed on final reading on the 16th day of February, 2016. Published by title in the City's official newspaper as Ordinance No._, Series of 2016, on the 18th day of February, 2016. Published by title on the City's official website beginning on the 17th day of February, 2016 for thirty (30) days. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk 2 • • • • • • I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2016. Loucrishia A. Ellis 3 AGREEMENT REGARDING FUNDING OF BIORETENTION DEMONSTRATION PROJECT FOR STORMW ATER QUALITY AND QUANTITY DATA GATHERING AND ANALYSIS Agreement No. 16-01.17 Project No. 105987 THIS AGREEMENT, made this day of , 2016, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"), and CITY OF ENGLEWOOD (hereinafter called "ENGLEWOOD"); (hereinafter DISRICT and ENGLEWOOD shall be collectively known as "PARTIES"); WITNESSETH THAT: WHEREAS, DISTRICT is authorized to provide funding support of municipal storm water activities (Resolution No. 61, Series of 2015) for calendar year 2016, which includes funds for the design, construction, continued field testing and the development of design guidance of stormwater best management practices (BMPs) for use in this region; and WHEREAS, ENGLEWOOD is constructing a bioretention best management practice (BMP) and is willing to work with DISTRICT to provide facilities necessary for DISTRICT to gather stormwater quality and quantity data relating to the BMP such that its effectiveness as a stormwater BMP may be quantified (hereinafter called "PROJECT"). I. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: SCOPE OF PROJECT ENGLEWOOD and DISTRICT will work together to produce mutually acceptable construction drawings and specifications for a bioretention BMP. ENGLEWOOD shall construct PROJECT in conformance with the construction drawings and specifications. ENGLEWOOD shall allow DISTRICT access to the area of the BMP, access to pipe outfalls, forebay, and all other components related to the BMP and monitoring equipment for a period of no less than ten (10) years. DISTRICT shall pay ENGLEWOOD for the construction of features requested by DISTRICT for the purpose of monitoring, and shall provide all instrumentation, personnel, and other resources necessary to monitor stormwater quality and quantity associated with the ENGLEWOOD BMP for a period of ten (10) years within DISTRICT funding constraints. DISTRICT shall provide maintenance consisting of the items described in Exhibit A for the time period that DISTRICT monitors the BMP. 2. COSTS 3. PARTIES agree that for the purposes of this Agreement project costs shall consist of, and be limited to, services in support of Paragraph 1: SCOPE OF PROJECT and related services and contingencies mutually agreeable to PARTIES. MANAGEMENT OF FINANCES (Section intentionally omitted) plan\Agreement\16\160117 • • • • • • 4 . 5. TERM OF THE AGREEMENT The term of this Agreement shall commence upon final execution by PAR TIES and shall terminate ten (10) years after the final execution by all PARTIES and after the final accounting of funds is provided to PAR TIES pursuant to Paragraph 3 herein. LIABILITY Each PAR TY hereto shall be responsible for any suits, demands, costs or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 6. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 7. SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 8. APPLICABLE LAWS 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State of Colorado and venue for the same shall lie in the County where the Project is located . ASSIGNABILITY No PAR TY to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning PARTY or PARTIES to this Agreement. 10. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 11. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 12. TERMINATION OF AGREEMENT This Agreement may be terminated only upon agreement of PARTIES, but only ifthere are no contingent, outstanding contracts. If there are contingent, outstanding contracts, this Agreement may only be terminated upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions and subject to the maximum amount of each PARTY's contribution as set forth herein . plan\Agreement\16\160117 2 13. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified on the basis of race, color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability and further agrees to insert the foregoing provision in all subcontracts hereunder. 14. APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of ENGLEWOOD and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of ENGLEWOOD and/or DISTRICT. 15. NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than ENGLEWOOD or DISTRICT receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatures as of the date and year above written. (SEAL) ATTEST: (SEAL) ATTEST: plan\Agreement\16\160117 3 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT Signature ___________ _ Printed Name Paul A. Hindman Title Executive Director CITY OF ENGLEWOOD Signature ___________ _ Printed Name __________ _ Title ____________ _ • • • • • • AGREEMENT REGARDING FUNDING OF BIORETENTION DEMONSTRATION PROJECT FOR STORMWATER QUALITY AND QUANTITY DATA GATHERING AND ANALYSIS Agreement No. 16-01.17 Project No. 105987 Exhibit A Maintenance services provided by DISTRICT: • UDFCD will observe the condition of the forebay, basin, and outlet approximately 12 times per year and remove sediment and debris as determined appropriate by UDFCD. All sediment and debris removed from the facility will be properly disposed by UDFCD. • UDFCD will conduct infiltration tests approximately once per year over the period of monitoring . If drainage through the media is not adequate, UDFCD will work with CITY OF ENGLEWOOD to determine the appropriate solution and UDFCD will perform the required maintenance or repair including removal and replacement of media if necessary. • At the end of the period of monitoring, UDFCD will develop maintenance recommendations for ENGLEWOOD specific to PROJECT based on observation and practices implemented during the time of monitoring. Maintenance provided by UDFCD does not include maintenance of vegetation such as weeding, pruning, mowing, etc . AGREEMENT REGARDING FUNDING OF BIORETENTION DEMONSTRATION PROJECT FOR STORMWATER QUALITY AND QUANTITY DATA GATHERING AND ANALYSIS Agreement No. 16-01.17 Project No. 105987 THIS AGREEMENT, made this day of , 2016, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRJCT"), and CITY OF ENGLEWOOD (hereinafter called "ENGLEWOOD"); (hereinafter DISRICT and ENGLEWOOD shall be collectively known as "PARTIES"); WITNESSETH THAT: WHEREAS, DISTRICT is authorized to provide funding support of municipal stormwater activities (Resolution No. 61, Series of 2015) for calendar year 2016, which includes funds for the design, construction, continued field testing and the development of design guidance of stormwater best management practices (BMPs) for use in this region; and WHEREAS, ENGLEWOOD is constructing a bioretention best management practice (BMP) and is willing to work with DISTRICT to provide facilities necessary for DISTRICT to gather stormwater quality and quantity data relating to the BMP such that its effectiveness as a stormwater BMP may be quantified (hereinafter called "PROJECT"). NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. SCOPE OF PROJECT ENGLEWOOD and DISTRICT will work together to produce mutually acceptable construction drawings and specifications for a bioretention BMP. ENGLEWOOD shall construct PROJECT in conformance with the construction drawings and specifications . ENGLEWOOD shall allow DISTRICT access to the area of the BMP, access to pipe outfalls, forebay, and all other components related to the BMP and monitoring equipment for a period of no less than ten (10) years . DISTRICT shall pay ENGLEWOOD for the construction of features requested by DISTRJCT for the purpose of monitoring, and shall provide all instrumentation, personnel, and other resources necessary to monitor stormwater quality and quantity associated with the ENGLEWOOD BMP for a period often (10) years within DISTRICT funding constraints. DISTRJCT shall provide maintenance consisting of the items described in Exhibit A for the time period that DISTRICT monitors the BMP . 2. COSTS 3. PARTIES agree that for the purposes of this Agreement project costs shall consist of, and be limited to, services in support of Paragraph 1: SCOPE OF PROJECT and related services and contingencies mutually agreeable to PARTIES . MANAGEMENT OF FINANCES (Section intentionally omitted) plan\Agreement\16\160117 1 • • • • • • 4 . 5. TERM OF THE AGREEMENT The tenn of this Agreement shall commence upon final execution by PARTIES and shall tenninate ten ( 10) years after the final execution by all PAR TIES and after the final accounting of funds is provided to PARTIES pursuant to Paragraph 3 herein. LIABILITY Each PAR TY hereto shall be responsible for any suits, demands, costs or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 6. AMENDMENTS This Agreement contains all of the tenns agreed upon by and among PARTIES. Any amendments to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 7. SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 8. APPLICABLE LAWS 9. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State of Colorado and venue for the same shall lie in the County where the Project is located . ASSIGNABILITY No PARTY to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning PARTY or PARTIES to this Agreement. 10. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and pennitted assigns. 11. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific perfonnance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 12. TERMINATION OF AGREEMENT This Agreement may be tenninated only upon agreement of PARTIES, but only ifthere are no contingent, outstanding contracts . lfthere are contingent, outstanding contracts, this Agreement may only be tenninated upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions and subject to the maximum amount of each PARTY's contribution as set forth herein . plan\Agreement\16\160117 2 13. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified on the basis of race, color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability and further agrees to insert the foregoing provision in all subcontracts hereunder. 14 . APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of ENGLEWOOD and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of ENGLEWOOD and/or DISTRICT. 15 . NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PAR TIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than ENGLEWOOD or DISTRICT receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatures as of the date and year above written. (SEAL) ATTEST: (SEAL) ATTEST: Loucrishia A. Ellis City Clerk plan\Agreement\16\160117 3 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT Signature ___________ _ Printed Name Paul A. Hindman Title Executive Director CITY OF ENGLEWOOD Signature ___________ _ Printed Name Joe Jefferson Title _____ M_a~y_o_r ______ _ • • • • • • AGREEMENT REGARDING FUNDING OF BIORETENTION DEMONSTRATION PROJECT FOR STORMW ATER QUALITY AND QUANTITY DATA GATHERING AND ANALYSIS Agreement No . 16-01.17 Project No. 105987 Exhibit A Maintenance services provided by DISTRICT: • UDFCD will observe the condition of the forebay, basin, and outlet approximately 12 times per year and remove sediment and debris as determined appropriate by UDFCD. All sediment and debris removed from the facility will be properly disposed by UDFCD. • UDFCD will conduct infiltration tests approximately once per year over the period of monitoring. If drainage through the media is not adequate, UDFCD will work with CITY OF ENGLEWOOD to determine the appropriate solution and UDFCD will perform the required maintenance or repair including removal and replacement of media if necessary. • At the end of the period of monitoring, UDFCD will develop maintenance recommendations for ENGLEWOOD specific to PROJECT based on observation and practices implemented during the time of monitoring. Maintenance provided by UDFCD does not include maintenance of vegetation such as weeding, pruning, mowing, etc . • • \ • ' ......... ::: -~ \:~~-!:"""" -~-::rt.1 ?"" UDFCD .SHERI DAN. COLORADO \ ' ...,-·-· · · ,RJ4 J.f GAUGE .. • I. . ~ " ~ /'1Cf1Nfii9.. ON . TOP ·OP. SIGN . \ \ l -~-~ ~ y ,.;;. ,7 -.; v ..K:Ji3 J30X #/ FOR INLET SA/'1PLE COLLECTION ,... f f ji ~ .NORTH lO 0 lO 60 I Inch • 30 test IF 9-EET SIZE IS NOT ANSI 0 122"X34"l Tl-EN GllAl'MC SCAl.E MJSr BE USED 0 ('• t ~'-- .. ~). I I <(.!,~ ;?-~:: - \ I \ I .. I I I I I "' I I -• I ::::I I I I •: --.-~ ::· •'"-.: ,_ 1' •• ·1 I:::=: ' ' •-•' ' ' I I ' . r ·! ··---"-:-•. ~ :! :;~ -. -_ _::;:-1 / j ~ 7 I .· c -,--.~ ·-~ . ..___~ .... . ._,: --;:::: _,...;..,:_,..2"'___ 5 .. --#---~ .... ..==-oiiiiie-.., ,...~-~-~ r-.' • ~ --·---_.:.. .;. -• Ill" -------~ ~ • --.. ·= - SOUTH PLATTE RIVER RC'.'J PARK FINAL DESIGN RIVERSIDE TRAILHEA D SITE MON ITORI NG EXHIBIT ovghin Whitewater '.: __ .L:i....:'.'.-l,1 ••• ;:.:. -r_:7 :.1l: ,_~;::..:.. . -£~1. =:t.·,, : ;. r.:. :...::~ ... a.~::E:;. ~: :s :r;1.'-; ·,_-:o:r .=..:; -=:. --. '.'3::; 1 .=;.:. :-: ~=- , • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 16 , 2016 9biii Intergovernmental Agreement- VALE Grant-2nd Reading Initiated By: Staff Source: Police Department Nancy Wenig , Victim Services Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has previously approved Victim Assistance and Law Enforcement (VALE) grants from 1990-2015. RECOMMENDED ACTION The Police Department is recommending that City Council adopt a Bill for an Ordinance , on second reading , authorizing the Police Department to apply for and accept funding in the amount of $20,035 from the 2016 VALE Grant. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The VALE Grant finances approximately 40% of the salary for the Victim Witness Advocate position which is assigned to the Englewood Municipal Court. The Victim Witness Advocate provides services for victims of domestic violence. FINANCIAL IMPACT If we receive full funding , the VALE Grant will fund $20 ,035 towards the Victim Advocate position . The funding for the VALE grant program comes from fees that are collected by courts in the 181h Judicial District. LIST OF ATTACHMENTS Bill for an Ordinance 2016 VALE Grant Application • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER GII.LIT AN ORDINANCE AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT . WHEREAS, the City of Englewood Police Department applied for funding under the VALE Grants Program to be used for funding the Victim/Witness Program in the Englewood Municipal Court; and WHEREAS, the Victim/Witness Program in the Englewood Municipal Court has served the victims of domestic violence since 1990; and WHEREAS, the Englewood City Council authorized the 2015 VALE Grant acceptance by the passage of Ordinance No. 6, Series of 2015; and • WHEREAS, the staff seeks Council approval of an Ordinance authorizing the application for • and, if granted the acceptance of a 2016 VALE grant in the amount of $20,035, for the period of July 1st, 2016 to June 30th, 2017. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the application for and acceptance of the VALE Grant and accompanying intergovernmental agreement, a copy of which is marked as "Exhibit A" and attached hereto . Section 2. The Mayor is hereby authorized to sign said VALE Grant and accompanying intergovernmental agreement on behalf of the City of Englewood. Section 3 . The funds for the VALE grant come from fines assessed by the Colorado 18th Judicial District. No Federal funds will be used. Introduced, read in full, and passed on first reading on the 1st day of February, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 4th day of February, 2016 . Published as a Bill for an Ordinance on the City 's official website beginning on the 3rd day of • February, 2016 for thirty (30) days . Read by title and passed on final reading on the 16th day of February, 2016 . Published by title in the City's official newspaper as Ordinance No ._, Series of 2016 , on the 18th day of February, 2016 . Published by title on the City's official website beginning on the 17th day of February, 2016 for thirty (30) days. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No ._, Series of 2016 . Loucrishia A. Ellis • • For Official Use Only: Date Received Application Number V/S or LIE Project Duration to Previously Funded Yes No All Materials Included Yes No .ate of Board Review Approved __ Denied Award Amount __ _ ***************************************************************************** VICTIM ASSISTANCE AND LAW ENFORCEMENT GRANT APPLICATION 18th Judicial District 6450 S Revere Pkwy Centennial, CO 80111 (720) 87 4-8608 tlassiter@da18.state.co.us Please be advised that the board may revoke any contract/grant if used inappropriately. Application must be typed or printed in black ink. Applications must be copied on both sides (duplex). All application pages must be numbered. Please submit one original and eight copies of your application . Limit application to 12 pages including cover sheet and signature page, but excluding attachments. Do not use a font any smaller than 12 point. I. 11. • 111. IV. v. • APPLICANT AGENCY __ E_n_g._le_w_o_o_d_P __ o __ li_ce~D~e._pa __ rt __ m ___ e __ n--t _______ _ PROJECT TITLE Victim/Witness Advocate ------------------------- Project Director __ C_h_ie_f_J_o_h_n_C_o_ll_in_s ______________ _ Phone (303) 762-2460 Fax (303) 783-6902_ Address 3615 S. Elati St Englewood. CO 80110 E-mail: nwenig@englewoodgov.org Web page http://www.englewoodgov.org/I ndex.aspx?page=487 AMOUNTREQUESTED~~--=2=0~0~35=·~00"'-~~~~~~~~~~- NON-PROFIT STATUS: __ Yes XX_No ___ In Progress Tax ID Number --------------- GOVERNMENT AGENCY: XX YES NO REQUIRED ATTACHMENTS (Include with all copies): A. Budgets 1. Agency Budget (Waived for governmental agencies) 2. Victim Assistance Program Budget 3. Itemized Project Budget (must include budget narrative) B. Copy of 501 (c) (3) IRS Tax Ruling (if applicable) C. Listing of Board of Directors and Key Officers D. Copy of current Financial Statement and Audit Report-(Waived for governmental agencies) (Attach to original copy only} E. Management Letter from Auditor-(Waived for governmental agencies) F. Random Sampling of Client Satisfaction Surveys G. If you are requesting a full or part-time position, you must attach your agency's classification of that position and job description H. Resume of program/project administrator 1 E x H I B I T A APPLICATIONS RECEIVED AFTER THE DEADLINE WILL NOT BE CONSIDERED (01/2016) SECTION A: PROJECT CONCEPT/DESIGN 1. Description of the applicant agency: Englewood Police Department provides emergency response to crime and non-crime incidents within the City of Englewood as the primary law enforcement agency for the City. 2. Substantiate or quantify the problem your program is designed to address within this community, i.e. factually or with other supportive documentation . Englewood Victim Assistance provides the Victim/Witness Advocate to assist victims of domestic violence for the Englewood Municipal Court. This position is currently held by Nicole Maynard. The Victim/Witness Advocate position is designed to assist victims of domestic violence who are seen in the Municipal Court. In 2014, the Englewood Police Department made 108 overall domestic violence arrests. 3. Description of the project, which would be funded by VALE funds in the 18th Judicial District. (Be specific regarding what services VALE funds will provide to this community.) • The Victim/Witness Advocate for the Englewood Municipal Court provides support for victims of domestic violence through the Court process . The position also ensures that victims are informed of their Rights under the Constitution and assists in providing those Rights. During the period from July 1, 2014 to June 30 , 2015 there were 89 arraignments of domestic violence crimes in the Municipal Court. The Victim/Witness Advocate contacted 243 victims during that time and 76 were new victims. There • were 451 contacts with victims at arraignments, penalty hearings, probation reviews, motions hearings, show cause hearings, and trials . Ms . Maynard also contacted victims through telephone calls, personal appointments, and letters . These contacts were to answer questions, inform victims of their Rights, and to discuss needs . Ms . Maynard also counsels family members who come to Court with the victims. We expect the need for services to remain the same, or increase , for this upcoming Grant cycle. 4. A. Identify and describe the project's goals and objectives. Your objectives must be measurable and specific. • To provide a Victim/Witness position to ensure support for victims of domestic violence through the Court process according to the standards set forth in the Victim's Bill of Rights ; • To ensure that v ictims in the Englewood Municipal Court are informed of their Rights under the Victim 's Bill of Rights; • To provide follow-up with victims after Court ; • To educate victims of the dynamics of domestic violence; • To provide referrals to appropriate community resources such as Victim Compensation, counseling, legal or financial assistance ; • To maintain contact with agencies or individuals such as Victim Compensation, Interfaith Task Force, Human Services, shelters and therapists to maintain up-to-date resources available to the victim; • To work closely with the probation officer to be sure that the goals of therapy are being met and • the needs of the victim are being considered; 2 • (Section A question 4. A. continued) • To keep a client "check list" form for each domestic violence client served. This checklist will include referrals made, Victim Compensation application given, therapists suggested and restitution requests; • To maintain Court information, brochures and referral resources for clients from various ethnic backgrounds using translation and counseling services. B. What is your timetable and work plan for accomplishing your objectives? Our timeline is ongoing. 5. A. Address what problems, if any, you anticipate in implementing the program/ project goals and objectives . We do not anticipate any problems in implementing the program goals. The program has been successful in the past and any concerns/problems that have arisen have been mediated with all parties involved. B. How do you plan to resolve these problems? Victim Assistance has an excellent working relationship with the Prosecutor's Office and the • Court. Victim Assistance is part of a collaborative effort to solve the problem and represent victims in he solution. This includes constant conversations with all parties to ensure victims are being kept informed and considered in the solutions . SECTION 8: SERVICE INFORMATION 1. A. Define the population and geographic area targeted for services through this project. This program will be available to all victims of domestic violence who are victimized in the City of Englewood and whose case is heard in the Englewood Municipal Court. B. If the project is not located entirely in the 18th Judicial District, what percentage of services would be for victims and witnesses in the 18th Judicial District? The project is located entirely in the 181h Judicial District. • 3 2. A. Include a brief description of how the project strives to provide culturally competent services. Cultural competence is defined as a process in which an agency continuously strives to achieve the ability to work effectively within the cultural context of an individual or community from a diverse • culture/ethnic background. If the project does not now strive to offer culturally competent services, how will you do this in the coming grant period? Include cultural competency efforts in the goals and objectives in Section A , question 4 . • We use the services of the Translation and Interpreting Center for translations in Court to include spoken languages as well as sign language . • The Court is equipped with a FM system for people who are Deaf or Hard of Hearing. • All of the Court information is translated into Spanish . We have a Spanish speaking translator for Court hearings which are scheduled once a month for all the Spanish speaking clients. These services are provided by Executive Languages. Ms . Maynard is currently revising the Spanish language information packet. • We have availab le a list of agencies from many ethnic backgrounds and are constantly updating this list. Examples include: Asian Pacific Development Center, DOVE, CHAI, Servicios de la Raza, and Muslim Family Services . • We have packets designed specifically for the Gay, Lesbian , Bisexual , Transgendered , Queer population and the unique dynamics presented . • We have packets designed to address male victims. In addition to providing information in native languages, the program strives to provide culturally competent services by attending trainings and meetings to update the Advocates . Ms . Maynard and Ms. Wenig have attended several trainings, provided by the Colorado Coalition Against Domestic Violence and the Colorado Organization for Victim Assistance, on culturally appropriate responses • and interventions. Ms. Maynard and Ms. Wenig take advantage of training opportunities to further cultural competence and the conversation continues within the Victim Assistance Unit and the Department as a whole. This information is then incorporated into the packet for victims . 3. A. What number of people is in need of the services as proposed by this project? (Identify source of information). From July 1, 2014 to June 30, 2015, there were 89 new cases and 243 total victims served in the Municipal Court as documented by Court records. The Victim/Witness Advocate attempts to contact all those whose lives are impacted by domestic violence , identified by either offense reports or incident reports. During this time period, Ms. Maynard contacted 118 people affected by domestic violence outside of the Court process . These victims made contact with the Police Department and the incident did not rise to the level of an arrest; however, services were offered to these victims . Historically, these numbers remain similar and we anticipate the same level of need for the upcoming Grant cycle . B. What number of people are currently being served in the 18th Judicial District and how? (Identify source of information .) Explain how you report client numbers and service numbers . At present , there are approximately 255 domestic violence cases active in the Municipal Court and approximately 195 victims being served from 2015 and previous years. Each month, approximately 10 cases are finalized ; hence, the number of active cases is constantly changing . Ms . Maynard keeps a written record of all client contacts. At any point during the case , a victim may • require notification or intervention . There are approximately 10 to 15 new cases each month. 4 C. What percent of the victims you serve are monolingual Spanish speakers? • There are approximately 2% monolingual Spanish speaking victims . One afternoon per month 1s designated as a Spanish-speaking docket. All of the Spanish-speaking domestic violence cases are set on this docket. The V ictim/Witness Advocate has access to an interpreter and is able to interview victims. D . How will your project diminish or eliminate any duplication of services? There are no similar services in the Municipal Court. This program is designed to refer victims to agencies that are providing services outside of the scope of this program to avoid duplication of services . Each victim is matched with referral resources that meet her or his needs. E. How will you coordinate services w ith similar or like programs? The program is designed to refer victims to services that will respond to their specific needs. Through appropriate referral, each victim is matched with referral resources that meet her or his needs . Ms. Maynard continuously networks with other agencies and advocates in order to better coordinate services when needed . Our working relationship with other agencies is excellent. 4 . Define the management plan for the program/project. Identify specifically who will: • be responsible for daily operations • • be accountable for the expenditure of grant funds. • Include the resume of program/project administrator The Victim Services Coordinator, Nancy Wenig is the coordinator and supervisor of the project. The V ictim/Witness Advocate , Nicole Maynard , submits a daily record of court activity to Ms . Wenig which includes victim name, referrals made , victim compensation information, restitution requests , and any other pertinent information . Ms. Wenig is responsible for the expenditure of the grant funds under the supervision of the Chief of Police , John Collins , and the Director of Finance, Shelley Becker. 5. In compliance with the American Disability Act (ADA) on providing access, how does your agency provide accommodations for crime victims or victim service providers? The Englewood Municipal Court is fully accessible to persons with disabilities. We collaborate with other service providers to address all areas of disability . • 5 SECTION C: EVALUATION INFORMATION 1. How will you evaluate whether or not this project has met its stated goals and objectives? Explain • how you evaluate the following: • Process Evaluation -Did the program meet the project goals and objectives? • Outcome/Impact Evaluation -Did the program achieve the stated outcomes or behavioral changes? How did the delivery of services improve the life situation of your clients? • Overall agency success -How do you measure if your agency is "doing its job" well? Process Evaluation: The program will have met its goals and objectives by providing all victims with ongoing support during and after his/her Court appearance. The program will have provided all victims with information on their Rights as well as referrals to resources that may assist victims with recovery. Outcome Evaluation: Our goal is to provide safety and support for victims of domestic violence as well as to educate victims of the Court process and services available. One measure of success is the rate of acceptance of Victim Compensation applications for counseling. In 2014, 75 victims contacted at arraignment took applications for Victim Compensation. We constantly encourage victims to participate in counseling. We hope our efforts to encourage counseling for victims will help them recover. It is difficult to quantify this measure of success. It is noted; however, that many victims contact the Advocate months or years later when facing a separate life crisis. It is a measure of success that the victim feels safe contacting Ms. Maynard to receive counsel, advice, and knowledge of systems even after the case is final. The program also refers victims to community resources to aid with financial recovery. In particular, we refer frequently to Catholic Charites and Interfaith Community Task Force to • assist those fleeing violence with financial assistance. In 2014, there were 20 referrals made to Interfaith to assist domestic violence victims with various financial needs, such as rent, cell phone replacement, bus tickets, and moving expenses . Additional referrals were made to Catholic Charities . We have recently begun using the Apriss record management system and will be able to better track the referrals through that program. Overall agency success: Our relationship with the City Attorney and Judge is excellent. The process with which victims move through the Court process is efficient and informative. Survey reports and follow up phone calls reflect a positive experience in the Court. Victims are encouraged to keep in contact with Ms. Maynard to work through any rough spots in their recovery. If a victim has a concern or complaint at any time during the process, it is immediately staffed between Ms. Maynard and Ms. Wenig. The concern is then addressed where the problem is concerned. This may be with Court, Prosecution, or Victim/Witness procedures and the solution is always victim-centered and allows the victim to have a voice in the process. 6 • SECTION D: CONSTITUTIONAL AMENDMENT • 1. A Define how this program/project will address the guidelines for assuring the rights of victims nd witnesses as outlined in the Victim Rights Act (Section 24 -4.1-302.5 C .R.S .). List specific services to be provided. • • The Victim/Witness Advocate ensures compliance with the guideline listed for assuring these Rights to victims of domestic violence in the Municipal Court; • Englewood Police Department has made a clear effort to provide victims with the services entitled to them by the Victim Bill of Rights . The Court program addresses all of these rights including : the right to be present and informed of critical stages in Court , to be heard at Court proceedings, and to confer with the prosecuting attorney prior to disposition; • The victim is asked if restitution is requested and is offered services such as financial or legal help, shelters , or Victim Compensation; • The Victim/Witness Advocate has a private office and waiting room at Court so that the victim is assured of safety and privacy before Court proceedings ; • Each victim is given a brochure at the arraignment , which outlines Victim's Rights; These Rights are rev iewed by the Victim/Witness Advocate periodically to determine the victim's comprehension of these Rights ; • Victims are informed of each stage of his/her case ; • No plea agreement is made with the defendant without consulting the victim; • The victim is allowed to address the Court at most hearings; • All victims are treated with fairness, dignity, and respect ; • Victims are informed, present , and heard ; • Victims are given a free copy of the initial report when requested ; B. What services are you providing as outlined in the VALE statute (Section 24-4 .2- 105 R.S.). The Victim/Witness Advocate program provides the services outlined and ensures compliance with assuring Rights to victims of domestic violence in the Municipal Court through : • Providing crisis intervention to victims; • Referring victims to appropriate resources , to include Victim Compensation , and assisting victims with filling out forms ; • Educating victims on the criminal justice system; • Assisting with the prompt return of property; • Notification of all stages of the case ; • Intercession with employers or landlords ; • Provision of translation services through language line or interpretation services in person ; • Assistance with transportation to Court through taxi or RTD pass . • 7 2. Does your agency have a statutory mandate to notify victims under the Victim Rights Amendment (VRA)? xx_ Yes __ No If yes, please answer the following questions. How do you presently notify victims of their rights under the VRA? • A folder is provided to each victim at arraignment which contains No Contact Orders, literature on Domestic Violence, a Victim's Rights brochure, Victim Compensation application and the Victim/Witness Advocate's card. Ms . Maynard explains these Victim's Rights to her/him at the arraignment and continues to keep the victim informed of changes in the status of the case, schedules and results of hearings , availability of property return and other information pertinent to the victim's case while the case is active in Court. Ms . Maynard makes these contacts in person, by phone, and by letter. What is the approximate number of clients who receive notifications made by your agency each year? (N= #of clients) There were approximately 243 victims contacted from July 1, 2014 to June 30, 2015. These victims had cases in various stages of resolution, each needing information on the status of the case as well as other information pertinent to the victim's needs, e.g. property return, Victim Compensation information, etc . What is the approximate total number of notifications made by your agency each year? (N=# of total notifications) Each victim has on average 5 contacts with the Victim/Witness Advocate during the course of the case in Court . With 243 victims in this time period, this equals approximately 1,215 contacts with victims in person, by phone, and by letter. Ms. Maynard also contacts victims who have made a police report that does not result in charges filed to assess safety, review Rights, and provide resources and support. These additional contacts are not reflected • in these numbers. However, 118 additional contacts were made to victims facing domestic violence outside of the Court process. 3. Does your agency have a victim rights brochure that is distributed to victims? A Victim's Rights Brochure is attached . This is given to each victim at the time of arraignment or through a letter sent to the victim . We are in the process of updating the brochure . 4 . Describe the training your agency provides to all staff and volunteers about informing victims of their rights under the Colorado Constitution. Date of last training: __ -'-A=p-'-'ri"'""I 2=-0"--1""""5'------- Training provide by : ___ N_a_n_c....,.y_W~e_n_ig..__ ___ _ What percent of your staff attended the above training? 100% Who conducted the training session? Nancy Wenig, Victim Assistance Coordinator 8 • If last training was more than a year ago, • Date of your next training: ____________ _ Who is the trainer? --------------~ 5. Are any of the services provided by your agency eligible for Crime Victim Compensation reimbursement? Yes xx No Is so , list services: Does your agency regularly conduct or receive Crime Victim Compensation training for direct services staff or volunteers? xx Yes No Describe the training on victim compensation that has been provided to your staff and volunteers . Date of last training:...;.A....:.i;p:;..;..r.:.:..il =2..:;;_0...;....15=------- Training provide by: Nancy Wenig ____ _ SECTION E: ADDITIONAL COMMENTS We would like to express our gratitude and appreciation for the funding that the VALE Board has given to this program. The program is essential to the operation of the Municipal Court domestic violence program. The presence of a full-time Advocate in the Municipal Court provides an invaluable resource to victims of domestic violence . Due to the size of the program and population, Ms . Maynard .s able to provide victims with compassionate and professional advocacy . • 9 SECTION F: BUDGET SUMMARY/FINANCIAL INFORMATION 1. Total amount of VALE funds requested: $ 20.035.00 2. Will the amount requested provide full funding for the project? Yes xx No If no, please identify other funding sources and amounts received within the past two years. Do not include other VALE funding. Please also include other pending grants. Source Date of Award Amount 3. Are you currently receiving VALE funding? xx Yes No If yes, please identify the Judicial District and the amount requested and received. Include current year funding from the 18th Judicial District. Date of Award District Amount Requested Amount Received 4/8/15 18th $19,398.00 $19,398.00 4. Will you be applying to other VALE Boards for funding? __ Yes xx No If yes, please identify the Judicial District and the amount requested. Date of Request District Amount Requested 5. Does your agency receive victim assistance funding through the use of a municipal surcharge? If yes, you must provide specific documentation outlining your agency's surcharge intake for the last two fiscal years and detailing how these funds were distributed. The program has not historically been able to secure Municipal funding. We are in a unique position within the State because we have the only elected Municipal Judge, Judge Vincent Atencio. However, in 2014, we approached Judge Atencio again and he granted a domestic violence fee of $50.00 to be assessed on each case involving a domestic violence disposition. Judge Atencio began assessing the fee in July of 2014 . The Court has collected $1700 .00 thus far. Please find documentation attached. None of these monies have been spent. When assessing the fee, Judge Atencio indicated that the program may Lise it to benefit victims of domestic violence or to offset costs of the program. There are not enough funds to supplement salary at this point. The fund depends on payment from defendants and will most likely not see a significant balance for some time; however, we are excited for this step. 6. If an increased amount of funding over this year's grant award is being requested, please provide written justification. Substantiate or quantify factually or with other supportive documentation . • • The amount we are requesting is an increase from previous Grant requests due to increased employee costs and a continued decline in revenues. • 10 7 . Anticipated client fees if any, from this project: $ none ____ _ •. Describe the volunteer and/or in -kind services that will be used for this program/project. No volunteer hours contribute to this program. 9. What percentage of your total budget is this request for VALE funds? Approximately 40% of the total budget would be VALE funded. 10. If this program/project is to continue beyond the initial funding period, please identify how the program/project will be funded in the future. Please be specific . The City of Englewood is committed to the Victim/Witness Program in the Municipal Court. The City is willing to provide the difference in the total cost of the program. The City of Englewood has been responsible in assuming their share of successful programs when it is financially able . 11. Have you applied for VOCA funding? If not why? We have not applied for VOCA funding. Historically, the program has been able to operate with funding provided by the City of Englewood as well as VALE. We did not apply for the recent release of additional funding from VOCA to be used for Capital expenses . We accessed our needs as a .epartment and Unit and did not determine much of a need for equipment, software or computer, or office furniture. However, when the VOCA funds are released this year, we will re-access our application . • 11 The applicant assures that the following signatories and all staff and volunteers assigned to this project have read and understand the rights afforded to crime victims pursuant to section 24-4.1-302.5 C.R.S. and the services delineated pursuant to sections 24-4.1-303 C.R.S. and 23-4.1- 304 C.R.S. • I hereby certify that the information contained herein is true and correct to the best of my knowledge and belief. Project Director Typed Name of Project Director Signature Project Director's Date Agency Director Typed Name of Agency Director Signature, Agency Director Date Financial Officer Typed Name of Financial Officer Signature, Financial Officer Date Authorized Official Typed Name of Authorized Official Signature Authorized Official Date Project Director: The person who has direct responsibility for the implementation of the project. This person should combine knowledge and experience in the project area with ability to administer the project and supervise personnel. He/She shares responsibility with the Financial Officer for seeing that all expenditures are within the approved budget. This person will normally devote a major portion of his/her time to the project and is responsible for meeting all reporting requirements . The Project Director must be a person other than the Authorized Official of the Financial Officer. Agency Director: The executive director of the agency . This may in some agencies be the same person as the project director or authorized official. Financial Officer: The person who is responsible for all financial matters related to the program and who has responsibility for the accounting, management of funds, and verification of expenditures, audit information and financial reports . The person who actually prepares the financial reports may be under the supervision of the Financial Officer. The Financial Officer must be a person other than the Authorized Official or the Project Director. • Authorized Official : The authorized official is the person who is, by virtue of such person's position, authorized • to enter into contracts for the grant recipient. This could include : Mayor or City Manager, Chairperson of the County Commissioners, District Attorney , President of Chairperson of the Board of Directors , Superintendent, or other Chief Executive Officer. 12 • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: February 16 , 2016 9ci Golf Network Infrastructure Improvement Project Initiated By: Staff Source: The Finance and Administrative Services Justice Saifa-Bonsu, Interim IT Manager Department PREVIOUS COUNCIL ACTION City Council has not previously discussed this particular issue. RECOMMENDED ACTION The Finance and Administrative Services Department recommends Council approve a resolution approving a contract for $43 ,088.70 with Structured Plus Communications for fiber connection and network connectivity from Broken Tee Golf Course to the City of Englewood Network with money from the Capital Projects Fund. The fiber link cost will be $35,008 .64 and the replacement of the horizontal cabling in the building will be $8,080.08 for a total of $43,088.70. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The current network infrastructure at Broken Tee Golf is at the end of its useful life and is no longer able to adequately support the day-to-day operations required by the City. In addition, upgrading the infrastructure will insure that we can support the increasing amounts of data that will be transported over this network. This will include new Cloud applications , video , and the increasing size of general data . The current horizontal cabling is copper CAT5/5e wire and is more than 20 years old . The rated life for most of this cable was set by the manufacturer for 15 years . Some of the cables have Teflon jackets that are dried out and prone to cracking . Data loss and cross-talk are becoming a normal occurrence . Total failure has occurred on a few cables and will become more common. The replacement horizontal cabling will comply with the current recommended industry standard , CAT6 . This will allow for faster speeds, up to 1 GB , to the computer user. The new cabling has a longer guarantee of 20 years. The current data link is over a Centurylink circuit. The maximum available bandwidth is 3Mb. The current retail infrastructure lacks expansion capability . This is far from adequate for a modern network running cloud provided software , video (security feeds and for training), and day to day access to network file systems . Installing a direct fiber link will alleviate the bandwidth constraint by increasing it to 10 GB with current equipment installed at the Recreation Center and the Golf network closets This solution will align with the City IT Department specifications for enterprise network improvement and redundancy should a failure occur when network staff is unavailable. The project will also provide future opportunity for additional service improvement for Golf and improved disaster recovery between the Civic Center and other City of Englewood facilities. State of Colorado contract pricing will be used for project purchases. FINANCIAL IMPACT No significant financial impact as the $43,088.70 required is budgeted in the 2016 IT budget for • network improvement. In addition , earlier this year, the City gained the opportunity from a private business that pulled fiber down Oxford to River Point Parkway. As a result, there is a bored conduit from Inca and Oxford to the entrance of the Broken Tee Golf Course which has also reduced the network infrastructure cost. By taking advantage of this opportunity, the City will save approximately $43 ,750 in boring costs, which would have been added to this network improvement project for Golf. LIST OF ATTACHMENTS Proposal, Fiber Optics Cabling Horizon Cabling -Broken Tee Golf Course • • • RESOLUTION NO. SERIES OF 2016 A RESOLUTION FOR AN INFORMATION TECHNOLOGY NETWORK INFRASTRUCTURE UPGRADE BY SOLE SOURCE FOR THE CITY OF ENGLEWOOD. WHEREAS, Section 116(b) of the Englewood Home Rule Charter and Section 4-1-3-1 of the Englewood Municipal Code 2000, allow contracts for public works or improvements to be negotiated, provided that contracts for which no competitive bids have been requested to be approved by resolution declaring the reason for the exception to the competitive bidding requirement; and WHEREAS, the current network infrastructure at Broken Tee Golf is at the end of useful life and is no longer able to adequately support the day-to-day operations required by the City; and WHEREAS, the network infrastructure at Broken Tee Golf must be upgraded to insure that the City can support the increasing amounts of data that will be transported over this network, such as the Cloud applications, video data, and increasing size the of general data; and WHEREAS, this will align Broken Tee Golf with the City IT Department specifications for enterprise network improvement and redundancy should a failure occur when network staff is unavailable; and WHEREAS, this will provide future opportunity for additional service improvement for Golf • and improved disaster recovery between the Civic Center and other City facilities; and • WHEREAS, Structured Plus Communications was selected as a sole source provider to protect environment security and standardization among existing hardware infrastructure components; and WHEREAS, the State of Colorado contract pricing will be used for project purchases; and WHEREAS, funding with Structured Plus Communications for fiber connection and network connectivity from Broken Tee Golf Course to the City of Englewood Network, a total of $43,088 .70 was budgeted for hardware and professional services for this project in the 2015 Capital Projects budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Englewood City Council hereby authorizes the Structured Plus Communications contract, in lieu of the competitive bid process as allowed by Section l 16(b) of the Englewood Home Rule Charter in the amount of$ 43,088.70, attached hereto as Exhibit A. ADOPTED AND APPROVED this 16th day of February, 2016 . ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk 1 I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk 2 • • • • • • STRUCTURED PLUS COMMUNICATIONB 1357 W . Alameda Ave Denver, Co 80223 Office: 720-570-2016 Fax: 720-570-2031 January 22, 2016 Justice Saifa-Bonsu City of Englewood 1000 Englewood Parkway Englewood, Colorado RE: Structured Plus Proposal No. 1569 Conduit and Fiber Backbone Installation Dear Justice, Structured Plus proposes the following : Fiber Optic Cabling • Utilize HOPE conduits below ground for main cable pathway and off shoots. All pathways will comply with ANSl!TIA/EIA-569 Commercial Building Standard for Inter-building Backbone pathways and spaces. • Provide and install ( 1) 12-Strand of indoor/outdoor rated plenum Single mode fiber optic cable from the Broken Tee Golf Course TER to the Englewood Recreation Center TER. Fiber optic cable to be fusion spliced onto pre- terminated LC cassettes at both ends and housed in 1 U 360G2 Fiber Shelves mounted in equipment cabinets . • Fiber Optic Cable testing will utilize a Fluke Cable Analyzer with LC modular adapters. All testing will be measured in an end-to-end testing solution including connectors, couplers and cassettes . Total loss shall be measured and reported for each strand in both directions at 1310nm and 1510nm wavelengths. • Provide completed As-built diagram including outlet locations with ID 's, main pathways and symbols. • Provide and install appropriate Fire stopping material in accordance with the ANSl/NECA/BICSl -568-2006 Standard for installing Commercial Building Telecommun ications cabling, to maintain the fire rating of all wall penetrations after the install of fiber optic cabling. Fiber Conduit and Inner-duct Installation • • Pothole existing underground utilities . Directional bore and place 2" HOPE conduit from existing vault located next to simulator area in golf course to the vault outside of th.e golf course main entry labeled "Fiber Optic Hand hole" per walkthrough . 11Page E x H I B I T A • Directional bore and place 2" HOPE conduit from existing handhole located next to no parking sign in front of recreation center to the new handhole installed on the right-side of main entry doors of recreation center per walkthrough. • Provide and install NEMA box and include core bore at (1) building entrance. • Provide and install (1) 24"X36"X18" hand hole. • Excavate conduit and splice where applicable. • Provide and place mule tape in conduit and provide pictures of start and end footages to customer. • Restore (80) square feet of landscaping that will be disturbed during installation. • Provide traffic control for conduit between the golf course and recreation center. Recreation Center EMT Install • Provide and install (1) 2" EMT conduit from Gymnasium entry to above ceiling entry point in Administration area for new fiber backbone feed. Assumptions and Exclusions: 1. All work may be performed during normal working hours. 2. Any additional labor or materials requested, that have not been included in the scope of work section of this agreement, shall constitute a change order. All change orders shall be in writing, signed by the Customer and Structured plus Communications prior to any material ordered or scheduling labor. 3. Any after hours (out of this scope) work will be calculated at an overtime rate of time and one half. Saturdays, Sundays and holidays are at a double time rate. 4. Network equipment and hardware. 5. Conduit. 6. Electrical work. 7. Telecommunications Ground Bus Bars. 8. Bore/Trench pricing is based on favorable soil conditions. If we encounter sandy or rocky soil or buried debris there will be additional charges. 9. This bid does not include permit fees or bonds. 10. Others will perform private facility locates; we are not responsible for damage to un-located private facilities. 11. If we have to pothole existing utilities, we will patch the hole with cold patch. If the city/county requires full panel replacement it will be an additional charge. 12. Wildlife, environmental or storm water impact studies are not included in this quote. 21Page • • • • • • Planned Bill of Materials Structured Plus Communications proposes to install the following materials for this project. Material quantities are based on the supplied drawings and specifications. QUANTITY DESCRIPTION MANUFACTURER PART NUMBER UNIT EXTENDED PRICE PRICE 4,000 FT 12STR IN/OUT COMMSCOPE 373-COMOS2-TBD-12 $1.19 $4,760.00 PLENUM FIBER 2 360G2 1 U SHELF COMMSCOPE 360G2-1 U-MOD-FX $231.00 $462.00 2 12STRAND FIBER COMMSCOPE 360G2CARTRIDGE1 $57.40 $114.80 CARTRIDGE 200 FT 1" PLENUM GENERIC GENERIC $2.38 $476.00 INNERDUCT 1 12STRAND FIBER COMMSCOPE 12STRLCLCSM-3M $189.00 $189.00 PIGTAIL Misc. materials including: CAD Drawings, tie-wraps, Velcro, hangers, all- 1 lot thread, anchors, nuts, GENERIC GENERIC $2,100 .00 $2,100.00 bolts, screws, ground lugs, ground wire, shipping, and fire stop materials . Fiber Installation Labor $6,000.00 Conduit Proofin!l $1,326.60 HOPE Borin!l $18,271.24 2" EMT conduit install $1,309.00 Materials $8,101.80 Tax Exempt $0.00 Bid Total $35,008.64 Terms: • All work to be performed during regular daytime hours, Monday-Friday except holidays recognized by Structured Plus Communications. Overtime and Premium time is excluded, unless otherwise specified. • Any alteration or deviation from the above description/scope of work involving extra costs will be executed only upon written authorization. • Projects with a duration of less than 30 days, will be invoiced upon completion. Terms are Net 30 . • Projects exceeding a 30 day duration will be billed monthly, based on percent of completion . Terms are Net 30 . • • This proposal is void if work area is hazardous or contains asbestos . This proposal is valid for 30 days after the issue date . 31Page \ We thank you for the opportunity to submit our proposal and look forward to a favorable response. If you would like • us to proceed with this work, endorse and return a copy of this proposal with the acceptance section completed. Sincerely, Structured Plus Communications Paul Atencio Project Manager ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. Structured Plus Communications is authorized to do the work as specified. Payment will be made as outlined above. Contract Contact/Project Manager (Paul Atencio) Signature line---------- Date line _________ _ City of Englewood Interim IT Manager (Justice Saifa-Bonsu) Signature line--------- Date line--------- 41Page • • " • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: February 16, 2016 9cii Revised Adoption Agreement for City of Englewood ICMA- RC Money Purchase Plan for Management Staff, Plan 108369 Initiated By: Staff Source: Department of Finance and Administrative Eric Keck, City Manager Services PREVIOUS COUNCIL ACTION City Council previously approved the adoption agreements with ICMA-Retirement Corporation (ICMA-RC) to provide retirement plans for the employees. RECOMMENDED ACTION The Internal Revenue Service requires certain amendments be included with the ICMA-RC Governmental Money Purchase Plan & Trust Adoption Agreement for Plan number 108369 to continue the qualified status. Staff recommends the City Council approve the attached resolution. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The resolution allows the approval of the ICMA-RC Governmental Money Purchase Plan & Trust Adoption Agreement for Plan 108369 to maintain the qualified plan . FINANCIAL IMPACT This action will not have an impact on the City's financial condition. LIST OF ATTACHMENTS Proposed resolution RESOLUTION NO. • SERIES OF 2016 • • A RESOLUTION AMENDING THE CITY OF ENGLEWOOD'S ICMA-RC MONEY PURCHASE RETIREMENT PLAN FOR MANAGEMENT STAFF (PLAN), NUMBER 108369. WHEREAS, the City of Englewood has established an ICMA Retirement Corporation (ICMA-RC) Money Purchase Retirement Plan for Management Staff, Number 108369, which benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the City desires that its money purchase retirement plan be administered by the ICMA-RC; and WHEREAS, the assets of the Plan will be held in trust, with the Employer serving as trustee for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose; and WHEREAS, the Trustee's beneficial ownership of Plan assets held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; and WHEREAS, the United States Internal Revenue Service requires certain amendments to be included with the ICMA-RC Governmental Money Purchase Plan and Trust Adoption Agreement for Plan Number 108369, in order to continue the qualified status; and WHEREAS, the passage of this resolution by the Englewood City Council authorizes the amending of the City of Englewood's ICMA-RC Money Purchase Retirement Plan for Management Staff, Number 108369. 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, Colorado hereby authorizes amending the ICMA-RC Money Purchase Retirement Plan for Management Staff, Number 108369, to bring the Plan into compliance with the United States Revenue Service, attached hereto as Exhibit A. ADOPTED AND APPROVED this 16th day of February, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk 1 ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT . --·' .· , .. ' ICMARC BUILDING PUBLIC SECTOR RETIREMENT SECURITY . E x H I B . I T A • • • • ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT Plan Number ~3~ __ The Employer hereby establishes a Money Purchase Plan and Trust to be known as CITY OF ENGLEWOOD MANAGEMENT STAFF (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This Plan is an amendment and restatement of an existing defined contribution money purchase plan. 121 Yes Cl No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: CITY OF ENGLEWOOD MANAGEMENT STAFF I. Employer: CITY OF ENGLEWOOD II. Effective Dates • l2J I . Effective Date of Restatement. If this document is a restatement of an existing plan, the effective date of the Plan shall be January l, 2007 unless an alternate effective date is hereby specified:-------- (Note: An alternate effective date can be no earlier than January l, 2007 .) Cl 2. Effective Date of New Plan. If this is a new Plan, the effective date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: 3. Special Effective Dates. Please note here any elections in the Adoption Agreement with an effective date that is different from that noted in 1. or 2. above. (Note provision and effective date.) III. Plan Year will mean: Cl The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(f) of the Plan.) 121 The twelve (12) consecutive month period commencing on _J_a_n_u_a_ry~1 ________ and each anniversary thereof. Normal Retirement Age shall be age .QQ..Q_ (not to exceed age 65). • Important Note to Employers: Normal Retirement Age is significant for determining the earliest date at which the Plan may allow for in-service distributions. Normal Retirement Age also defines the latest date at which a Participant muse have a fully vested right to his/her Account. There are IRS rules that limit the age that may be specified as the Plan's Normal Retirement Age. The Normal Retirement Age cannot be earlier than what is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. An age under 55 is presumed not to satisfy this requirement, unless the Commissioner of Internal Revenue determines that the facts and circumstances show otherwise. Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer's good Money Purchase Plan Adoption Agreement Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer's good faith, reasonable determination will generally be given deference. A special rule, however, applies in the case of a plan where substantially all of the participants in the plan are qualified public safety employees within the meaning of section 72(t)(lO)(B) • of the Code, in which case an age of 50 or later is deemed not to be earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. V. ELIGIBILITY REQUIREMENTS 1. The following group or groups of Employees are eligible to participate in the Plan: _ All Employees _ All Full Time Employees _ Salaried Employees _ Non union Employees _ Management Employees _ Public Safety Employees _ General Employees _{_ Other Employees (Specify the group(s) of eligible employees below. Do not specify employees by name. Specific positions are acceptable.) MANAGEMENT STAFF The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. The eligibility requirements cannot be such that an Employee becomes eligible only in the Plan Year in which the Employee terminates employment. Note: As stated in Sections 4.07 and 4.08, the Plan may, however, provide that Final Pay Contributions or Accrued Leave Contributions are the only contributions made under the Plan . 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write NIA if an Employee is eligible to participate upon employment)_N_l_A _______ _ If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification . 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is~ (not to exceed age 21. Write NIA if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows: (Choose all that apply, but at least one of Options A or B. If Option A is illlt selected, Employer must pick up Participant Contributions under Option B.) Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If Option B is chosen, please complete section C.) 0 A. Employer Contributions. The Employer shall contribute on behalf of each Participant --""'"1""-0 % of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions l2J are required D are not required to be eligible for this Employer Contribution. 0 B. Mandator:y Participant Contributions for Plan Participation. Required Mandatory Contributions. A Participant is required to contribute (subject to the limitations of Article V of the Plan) the specified amounts designated in items (i) through (iii) of the Contribution Schedule below: 0Yes DNo Money Purchase Plan Adoption Agreement 2 • • • • • Employee Opt-In Mandatory Contributions. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute the specified amounts designated in items (i) through (iii) of the Contribution Schedule below for each Plan Year (subject to the limitations of Article V of the Plan): D Yes 12.J No Contribution Schedule. (i) __ 6_% of Earnings, (ii) $ N/A , or (iii) a whole percentage of Earnings between the range of NIA (insert range of percentages between I% and 20% inclusive (e.g., 3%, 6%, or 20%; 5% to 7%)), as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant must pick a single percentage and shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. D c. Employer "Pick up". The Employer hereby elects to "pick up" the Mandatory Participant Contributions1 (pick up is required if Option A is not selected). tZJ Yes D No ("Yes" is the default provision under the Plan if no selection is made.) Election Window (Complete if Option B is selected): Newly eligible Employees shall be provided an election window of ~days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window . An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contributio~ amount directly. 2. The Employer may also elect to contribute as follows: D A Fixed Employer Match of Voluntary After-Tax Participant Contributions. The Employer shall contribute on behalf of each Participant_% of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed __ % of Earnings or$ . Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. D B. Variable Employer Match ofVoluntaryAfter-Tax Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): __ % of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding __ % of Earnings or$ ); 1 Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Serv ice that Participant contributions that are "picked up" by the Employer are not includable in the Participant's gross income for federal income tax purposes. Pick-up contributions are not mandated to receive private letter rulings; however, if an adopting employer wishes to receive a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 2012-4 (or subsequent guidance). Money Purchase Plan Adoption Agreement 3 PLUS ___ % of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in the aggregate __ % of Earnings or $ ___ ) . Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ ___ or __ % of Earnings, whichever is _ more or_ less. 3. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan: ~Yes CJ No ("No" is the default provision under the Plan if no selection is made.) 4. Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): Bl-WEEKLY 5. Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): Bl-WEEKLY 6. In the case of a Participant performing qualified military service (as defined in Code section 414(u)) with respect to the Employer: A. Plan contributions will be made based on differential wage payments: CJ Yes 121 No ("Yes" is the default provision under the Plan if no selection is made.) If yes is selected, this is effective beginning January 1, 2009 unless another later effective date is filled in here: B. Participants who die or become disabled will receive Plan contributions with respect to such service: CJ Yes 121 No ("No" is the default provision under the Plan if no selection is made.) If yes is selected, this is effective for participants who died or became disabled while performing qualified military service on or after January l, 2007, unless another later effective date is filled in here: Money Purchase Plan Adoption Agreement 4 • • • VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: • 1. Overtime D Yes 121 No 2. Bonuses D Yes 121 No 3. Other Pay (specifically describe any other types of pay to be included below) VIII. ROLLOVER PROVISIONS • IX. • 1. The Employer will permit rollover contributions in accordance with Section 4.12 of the Plan: fZI Yes D No ("Yes" is the default provision under the Plan if no selection is made.) 2. Direct rollovers by non-spouse beneficiaries are effective for distributions after 2006 unless the Plan delayed making them available. If the Plan delayed making such rollovers available, check the box below and indicate the later effective date in the space provided. D Effective Date is--------------- (Note: Plans must offer direct rollovers by non-spouse beneficiaries no later than plan years beginning after December 31, 2009.) LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Section 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (e) of the Plan will apply unless another method has been indicated below. D Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The Limitation Year is the following 12 consecutive month period: ----------------- 3. Unless the Employer elects a delayed effective dace below, Article 5 of the Plan will apply co limitations years beginning on or after July 1, 2007. ------------------ (1he effective date listed cannot be later than 90 days after the close of the first regular legislative session of the legislative body with authority to amend the plan that begins on or after July 1, 2007.) Money Purchase Plan Adoption Agreement 5 X. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (I) the minimum vesting requirements and (2) the • concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent -from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Service Percent Completed Yi:stcd Zero 100 % One 100 % Two 100 % Three 100 % Four 100 % Five 100 % Six 100 % Seven 100 % Eight 100 % Nine 100 % Ten 100 o/o XI. WITHDRAWALS AND LOANS 1. In-service distributions are permitted under the Plan after a participant attains (select one of the below options): D Normal Retirement Age !2J Age 701/2 ("701/.z" is the default provision under the Plan if no selection is made.) D Alternate age (after Normal Retirement Age): ---------- 0 Not permitted at any age 2. A Participant shall be deemed to have a severance from employment solely for purposes of eligibility to receive distributions from the Plan during any period the individual is performing service in the uniformed services for more than 30 days. D Yes IZI No ("Yes" is the default provision under the plan if no selection is made.) 3. Tax-free distributions of up to $3,000 for the direct payment of qualifying insurance premiums for eligible retired public safety officers are available under the Plan . D Yes IZJ No (''No" is the default provision under the Plan if no selection is made.) 4. In-service distributions of the Rollover Account are permitted under the Plan, as provided in Section 9.07. D Yes l2J No ("No" is the default provision under the Plan if no selection is made.) 5. Loans are permitted under the Plan, as provided in Article XIII of the Plan: IZI Yes D No (''No" is the default provision under the Plan if no selection is made.) Money Purchase Plan Adoption Agreement 6 • • XII. SPOUSAL PROTECTION The Plan will provide the following level of spousal protection (select one): • CJ 1. Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required . ILJ 2. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. ("Beneficiary Spousal Consent Election" is the default provision under the Plan if no selection is made.) CJ 3. QJSA Election (Article XVII). The normal form of payment of benefits under the Plan is a 50% qualified joint and survivor annuity with the spouse (or life annuity, if single). In the event of the Participant's death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. (IfC is selected, the spousal consent requirements in Article XII also will apply.) XIII. FINAL PAY CONTRIBUTIONS • • The Plan will provide for Final Pay Contributions if either 1 or 2 below is selected. The following group of Employees shall be eligible for Final Pay Contributions: CJ All Eligible Employees CJ Other: ____________________________ _ Final Pay shall be defined as (select one): D A Accrued unpaid vacation D B. Accrued unpaid sick leave D C. Accrued unpaid vacation and sick leave D D. Other {insert definition of Final Pay -must be Leave that Employee would have been able to use if employment had continued and must be bona fide vacation and/or sick Leave): D 1. Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant ____ % of Final Pay to the Plan (subject to the limitations of Article V of the Plan). D 2. Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute __ % (insert fixed percentage of final pay to be contributed) or up to ___ % (insert maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked . Money Purchase Plan Adoption Agreement 7 XIV. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions annually if either 1 or 2 is selected below. The following group of Employees shall be eligible for Accrued Leave Contributions: 0 All Eligible Employees 0 Other: ____________________________ _ Accrued Leave shall be defined as (select one): 0 A. Accrued unpaid vacation 0 B. Accrued unpaid sick leave 0 C. Accrued unpaid vacation and sick leave 0 D. Other (insert definition of accrued leave that is bona fide vacation and/or sick leave): 0 1. Employer Accrued Leave Contribution. The Employer shall contribute as follows (choose one of the following options): D For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks (circle one)) to the Plan (subject to the limitations of Article V of the Plan). 0 For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant % of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). 0 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute __ % (insert fixed percentage of accrued unpaid leave to be contributed) or up to __ % (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. XV. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVI. The Employer understands that this Adoption Agreement is to be used with only the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This ICMA Retirement Corporation Governmental Money Purchase Plan and Trust is a restatement of a previous plan, which was submitted to the Internal Revenue Service for approval on April 2, 2012, and received approval on March 31, 2014. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. The Employer understands that an amendment(s) made pursuant to Section 14 .05 of the Plan will become effective within 30 days of notice of the amendment(s) unless the Employer notifies the Plan Administrator, in writing, that it disapproves of the amendment(s). If the Employer so disapproves, the Plan Administrator will be under no obligation to act as Administrator under the Plan . XVII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. Money Purchase Plan Adoption Agreement 8 • • • XVIII. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Wirness Whereof, the Employer hereby causes this Agreement to be executed on this ___ day of ______ , 20 __ . EMPLOYER By: ________________ _ Print Name: Shelley Becker Title: Director of Finance and Administrative Services Attest: ___________________ _ • • Money Purchase Plan Adoption Agreement ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Suite 600 Washington, DC 20002 800-326-7272 By: ______________ _ Print Name: ______________ _ Title: ------------------ Attest: ----------------- 9 A ICMARC BUILDING PUBLIC SECTOR RETIREMENT SECURITY ICMA RETIREMENT CORPORATION 777 NORTH CAPITOL STREET, NE I WASHINGTON, DC 20002-4240 800-669-7400 WWW.ICMARC.ORG BRC000-214-21268-201405-Wl 303 • • • • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: February 16, 2016 9ciii Revised Adoption Agreement for City of Englewood ICMA- RC Money Purchase Plan for Police, Plan 108370 Initiated By: Staff Source: Department of Finance and Administrative Eric Keck, City Manager Services PREVIOUS COUNCIL ACTION City Council previously approved the adoption agreements with ICMA-Retirement Corporation (ICMA-RC) to provide retirement plans for the employees. RECOMMENDED ACTION The Internal Revenue Service requires certain amendments be included with the ICMA-RC Governmental Money Purchase Plan & Trust Adoption Agreement for Plan number 108370 to continue the qualified status. Staff recommends the City Council approve the attached resolution. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The resolution allows the approval of the ICMA-RC Governmental Money Purchase Plan & Trust Adoption Agreement for Plan 108370 to maintain the qualified plan. FINANCIAL IMPACT This action will not have an impact on the City's financial condition LIST OF ATTACHMENTS Proposed resolution • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION AMENDING THE CITY OF ENGLEWOOD'S ICMA-RC MONEY PURCHASE RETIREMENT PLAN FOR POLICE (PLAN), NUMBER 108370. WHEREAS, the City of Englewood has established an ICMA Retirement Corporation (ICMA-RC) Money Purchase Retirement Plan for Police, Number 108370, which benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the City desires that its money purchase retirement plan be administered by the ICMA-RC; and WHEREAS, the assets of the Plan will be held in trust, with the Employer serving as trustee for the exclusive benefit of Plan participants and their beneficiaries , and the assets shall not be diverted to any other purpose; and WHEREAS, the Trustee 's beneficial ownership of Plan assets held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; and WHEREAS , the United States Internal Revenue Service requires certain amendments to be included with the ICMA-RC Governmental Money Purchase Plan and Trust Adoption Agreement for Plan, Number 108370, in order to continue the qualified status ; and WHEREAS, the passage of this resolution by the Englewood City Council authorizes the amending of the City of Englewood's ICMA-RC Money Purchase Retirement Plan for Police, Number 108370. 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, Colorado hereby authorizes amending the ICMA-RC Money Purchase Retirement Plan for Police, Number 108370, to bring the Plan into compliance with the United States Revenue Service, attached hereto as Exhibit A. ADOPTED AND APPROVED this 16th day of February, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2016 . Loucrishia A. Ellis , City Clerk . -·, .. ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT . . . ~ ' . . . . . '.· ·.' .. · ...... '' .. ' · .. ··. · .. ·: .... : .:, ...... . :· .. ',.- . ·;.·: .. ,_·: .. ICMARC BUILDING PUBLIC SECTOR RETIREMENT SECURITY , E x H I B I T . p. • • ,,.. • • ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT Plan Number ~32Q_ __ The Employer hereby establishes a Money Purchase Plan and Trust to be known as CITY OF ENGLEWOOD/POLICE (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This Plan is an amendment and restatement of an existing defined contribution money purchase plan. l2J Yes DNo If yes , please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: CITY OF ENGLEWOOD/POLICE I. Employer: CITY OF ENGLEWOOD/POLICE II. Effective Dates • IZJ 1. Effective Date of Restatement. If this document is a restatement of an existing plan, the effective date of the Plan shall be January 1, 2007 unless an alternate effective date is hereby specified: -------- (Note: An alternate effective date can be no earlier than January 1, 2007 .) D 2. Effective Date of New Plan. If this is a new Plan, the effective date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified : 3. Special Effective Dates. Please note here any elections in the Adoption Agreement with an effective date that is different from that noted in 1. or 2. above. (Note provision and effective date.) III. Plan Year will mean: rv. • D The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(f) of the Plan .) IZJ The twelve (12) consecutive month period commencing on _J_A_N_U_A_R_Y_1 _______ and each anniversary thereof. Normal Retirement Age shall be age~ (not to exceed age 65). Important Note to Employers: Normal Retirement Age is significant for determining the earliest date at which the Plan may allow for in-service distributions. Normal Retirement Age also defines the latest date at which a Participant must have a fully vested right to his/her Account. There are IRS rules that limit the age that may be specified as the Plan's Normal Retirement Age. The Normal Retirement Age cannot be earlier than what is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. An age under 55 is presumed not to satisfy this requirement, unless the Commissioner of Internal Revenue determines that the facts and circumstances show otherwise. Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer's good Money Purchase Plan Adoption Agreement Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer's good faith, reasonable determination will generally be given deference. A special rule, however, applies in the case of a plan where substantially all of the participants in the plan are qualified public safety employees within the meaning of section 72(t)(lO)(B) • of the Code, in which case an age of 50 or later is deemed not to be earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. V. ELIGIBILITY REQUIREMENTS 1. The following group or groups of Employees are eligible to participate in the Plan: _ All Employees _ All Full Time Employees _ Salaried Employees _ Non union Employees _ Management Employees _ Public Safety Employees _ General Employees _L_ Other Employees (Specify the group(s) of eligible employees below. Do not specify employees by name. Specific positions are acceptable.) POLICE OFFICERS HIRED AFTER 4/7/1978 The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. The eligibility requirements cannot be such that an Employee becomes eligible only in the Plan Year in which the Employee terminates employment. Note: As stated in Sections 4.07 and 4.08, the Plan may, however, provide that Final Pay Contributions or Accrued Leave Contributions are the only contributions made under the Plan. 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write NI A if an Employee is eligible to participate upon employment)_N_/A _______ _ If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to particip~te. The minimum age requirement is 11Q__ (not to exceed age 21. Write N/A if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows: (Choose all that apply, but at least one of Options A or B. If Option A is ruu selected, Employer must pick up Participant Contributions under Option B.) Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If Option B is chosen, please complete section C.) l2J A. Employer Contributions. The Employer shall contribute on behalf of each Participant ___ 1~0 % of Earnings or $ N/A for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions 121 are required D are not required to be eligible for this Employer Contribution. l2J B. Mandator:y Participant Contributions for Plan Participation. • Required Mandatory Contributions. A Participant is required to contribute (subject to the limitations of Article V • of the Plan) the specified amounts designated in items (i) through (iii) of the Contribution Schedule below: 121 Yes DNo Money Purchase Plan Adoption Agreement 2 • • Employee Opt-In Mandatory Contributions. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute the specified amounts designated in items (i) through (iii) of the Contribution Schedule below for each Plan Year (subject to the limitations of Article V of the Plan): 0 Yes ~No Contribution Schedule. (i) 10 % of Earnings, (ii) $ N/A , or (iii) a whole percentage of Earnings between the range of N/A {insert range of percentages between 1%and20% inclusive {e.g., 3%, 6%, or 20%; 5% to 7%)), as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant must pick a single percentage and shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. Employer "Pick up". The Employer hereby elects to "pick up" the Mandatory Participant Contributions 1 (pick up is required if Option A is not selected). l2J Yes 0 No ("Yes" is the default provision under the Plan if no selection is made.) 0 C. Election Window (Complete if Option Bis selected): Newly eligible Employees shall be provided an election window of ~days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window . An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 2. The Employer may also elect to contribute as follows: D A. Fixed Employer Match ofVoluntar_y After-Tax Participant Contributions. The Employer shall contribute on behalf of each Participant_% of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed __ % of Earnings or $ . Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. D B. Variable Employer Match of Voluntary After-Tax Participant Contributions . The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): __ % of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding __ % of Earnings or$ ); 1 Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that • Participant contributions that are "picked up" by the Employer are not includable in the Participant's gross income for federal income tax purposes. Pick-up contributions are not mandated to receive private letter rulings; however, if an adopting employer wishes to receive a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 2012-4 (or subsequent guidance). Money Purchase Plan Adoption Agreement 3 PLUS ___ % of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in • the aggregate __ % of Earnings or$ ___ ). Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ or __ % of Earnings, whichever is _ more or_ less. 3. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan: ~Yes CJ No (''No" is the default provision under the Plan if no selection is made.) 4. Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): Bl-WEEKLY 5. Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): Bl-WEEKLY 6. In the case of a Participant performing qualified military service (as defined in Code section 414(u)) with respect to the Employer: A. Plan contributions will be made based on differential wage payments: Cl Yes 121 No ("Yes" is the default provision under the Plan if no selection is made.) If yes is selected, this is effective beginning January I, 2009 unless another later effective date is filled in here: B. Participants who die or become disabled will receive Plan contributions with respect to such service: Cl Yes 121 No ("No" is the default provision under the Plan if no selection is made.) If yes is selected, this is effective for participants who died or became disabled while performing qualified military service on or after January 1, 2007, unless another later effective date is filled in here: Money Purchase Plan Adoption Agreement 4 • • VII. • EARNINGS Earnings, as defined under Section 2 .09 of the Plan, shall include: 1. Overtime D Yes 2. Bonuses D Yes l2J No 3. Other Pay (specifically describe any other types of pay to be included below) VIII. ROLLOVER PROVISIONS • IX. • 1. The Employer will permit rollover contributions in accordance with Section 4.12 of the Plan: IZJ Yes CJ No ("Yes" is the default provision under the Plan if no selection is made.) 2. Direct rollovers by non-spouse beneficiaries are effective for distributions after 2006 unless the Plan delayed making them available. If the Plan delayed making such rollovers available. check the box below and indicate the later effective date in the space provided. D Effective Date is--------------- (Note: Plans must offer direct rollovers by non-spouse beneficiaries no later than plan years beginning after December 31, 2009.) LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Section 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (e) of the Plan will apply unless another method has been indicated below. D Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2 . The Limitation Year is the following 12 consecutive month period: ________________ _ 3. Unless the Employer elects a delayed effective date below, Article 5 of the Plan will apply to limitations years beginning on or after July 1, 2007. ----------------- (The effective date listed cannot be later than 90 days after the close of the first regular legislative session of the legislative body with authority to amend the plan that begins on or after July 1, 2007.) Money Purchase Plan Adoption Agreement 5 X. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the • concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent -from 0 to 100 (with no entry after XI. the year in which 100% is entered), in ascending order.) Period of Service Percent Completed Y<:stcd Zero 0 % One 0 % Two 0 % Three 20 % Four 40 % Five 60 % Six 80 % Seven 100 % Eight 100 % Nine 100 % Ten 100 % WITHDRAWALS AND LOANS 1. In-service distributions are permitted under the Plan after a participant attains (select one of the below options): C] Normal Retirement Age l2J Age 70Yz ("7014" is the default provision under the Plan if no selection is made.) C] Alternate age (after Normal Retirement Age):----------- C] Not permitted at any age 2. A Participant shall be deemed to have a severance from employment solely for purposes of eligibility to receive distributions from the Plan during any period the individual is performing service in the uniformed services for more than 30 days. C] Yes l1J No ("Yes" is the default provision under the plan if no selection is made.) 3 . Tax-free distributions of up to $3,000 for the direct payment of qualifying insurance premiums for eligible retired public safety officers are available under the Plan. rlJ Yes 0 No ("No" is the default provision under the Plan if no selection is made.) 4. In-service distributions of the Rollover Account are permitted under the Plan, as provided in Section 9.07. C] Yes l2J No ("No" is the default provision under the Plan if no selection is made.) 5. Loans are permitted under the Plan, as provided in Article XIII of the Plan: IZJ Yes 0 No ("No" is the default provision under the Plan if no selection is made.) Money Purchase Plan Adoption Agreement 6 • • XII. • SPOUSAL PROTECTION The Plan will provide the following level of spousal protection (select one): 0 1. Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required. IZJ 2. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. ("Beneficiary Spousal Consent Election" is the default provision under the Pf.an if no selection is made.) 0 3. QJSA Election (Article XVII). The normal form of payment of benefits under the Plan is a 50% qualified joint and survivor annuity with the spouse (or life annuity, if single). In the event of the Participant's death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. (If C is selected, the spousal consent requirements in Article XII also will apply.) XIII. FINAL PAY CONTRIBUTIONS • • The Plan will provide for Final Pay Contributions if either 1 or 2 below is selected. The following group of Employees shall be eligible for Final Pay Contributions: 0 All Eligible Employees 0 Other:----------------------------- Final Pay shall be defined as (select one}: 0 A. Accrued unpaid vacation 0 B. Accrued unpaid sick leave 0 C. Accrued unpaid vacation and sick leave 0 D. Other (insert definition of Final Pay -must be leave that Employee would have been able to use if employment had continued and must be bona fide vacation and/or sick leave): 0 1. Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant ____ % of Final Pay to the Plan (subject to the limitations of Article V of the Plan}. 0 2. Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan sha11 be given the opportunity at enrollment to irrevocably elect to contribute __ % (insert fixed percentage of final pay to be contributed) or up to ___ % (insert maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked . Money Purchase Plan Adoption Agreement 7 xrv. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions annually if either 1 or 2 is selected below. The following group of Employees shall be eligible for Accrued Leave Contributions: D All Eligible Employees D Other:---------------------------- Accrued Leave shall be defined as (select one): D A. Accrued unpaid vacation D B. Accrued unpaid sick leave D C . Accrued unpaid vacation and sick leave 0 D. Other (insert definition of accrued leave that is bona fide vacation and/or sick leave): 0 1. Employer Accrued Leave Contribution. The Employer shall contribute as follows (choose one of the following options): D For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks (circle one)) to the Plan (subject to the limitations of Article V of the Plan). D For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant ___ % of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). D 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute __ % (insert fixed percentage of accrued unpaid leave to be contributed) or up to __ % (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. XV. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVI. The Employer understands that this Adoption Agreement is to be used with only the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This ICMA Retirement Corporation Governmental Money Purchase Plan and Trust is a restatement of a previous plan, which was submitted to the Internal Revenue Service for approval on April 2, 2012, and received approval on March 31, 2014. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. The Employer understands that an amendment(s) made pursuant to Section 14 .05 of the Plan will become effective within 30 days of notice of the amendment(s) unless the Employer notifies the Plan Administrator, in writing, that it disapproves of the amendment(s). If the Employer so disapproves, the Plan Administrator will be under no obligation to act as Administrator under the Plan. XVII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. Money Purchase Plan Adoption Agreement 8 • • • XVIII. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. 9xix. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this ___ day of ______ , 20 __ . EMPLOYER By: _______________ ~ Print Name: Shelley Becker Title: Director of Finance and Administrative Services Attest: __________________ _ • • Money Purchase Plan Adoption Agreement ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Suite 600 Washington, DC 20002 800-326-7272 By: ______________ _ Print Name: ______________ _ Title: ----------------- Attest: ----------------- 9 A ICMARC BUILDING PUBLIC SECTOR RETIREMENT SECURITY ICMA RETIREMENT CORPORATION 777 NORTH CAPITOL STREET, NE I WASHINGTON, DC 20002-4240 800-669 -7400 WWW.ICMARC.ORG BRC000-214-21268-201405-Wl 303 • • • • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: February 161 2016 9civ Revised Adoption Agreement for City of Englewood ICMA- RC NonEmergency Employees Purchase Plan 108371 Initiated By: Staff Source: Department of Finance and Administrative Eric Keck, City Manager Services PREVIOUS COUNCIL ACTION City Council previously approved the adoption agreements with ICMA-Retirement Corporation (ICMA-RC) to provide retirement plans for the employees. RECOMMENDED ACTION The I nternal Revenue Service requires certain amendments be included with the ICMA-RC Governmental Money Purchase Plan & Trust Adoption Agreement for Plan number 108371 to continue the qualified status . Staff recommends the City Council approve the attached resolution . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The resolution allows the approval of the ICMA-RC Governmental Money Purchase Plan & Trust Adoption Agreement for Plan 108371 to maintain the qualified plan . FINANCIAL IMPACT This action will not have an impact on the City's financial condition LIST OF ATTACHMENTS Proposed resolution • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION AMENDING THE CITY OF ENGLEWOOD'S ICMA-RC NONEMERGENCY EMPLOYEES MONEY PURCHASE PLAN (PLAN), NUMBER 108371. WHEREAS, the City of Englewood has established the ICMA Retirement Corporation (ICMA-RC) NonEmergency Employees Money Purchase Plan, Number 108371, which benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the City desires that its money purchase retirement plan be administered by the ICMA-RC; and WHEREAS, the assets of the Plan will be held in trust, with the Employer serving as trustee for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose; and WHEREAS, the Trustee's beneficial ownership of Plan assets held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; and WHEREAS, the United States Internal Revenue Service requires certain amendments to be included with the ICMA-RC Governmental Money Purchase Plan and Trust Adoption Agreement for Plan, Number 108371, in order to continue the qualified status; and WHEREAS, the passage of this resolution by the Englewood City Council authorizes the amending of the City of Englewood's ICMA-RC NonEmergency Employees Money Purchase Retirement Plan, Number 108371. 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, Colorado hereby authorizes amending the ICMA-RC NonEmergency Employees Money Purchase Plan for NonEmergency Employees, Number 108371, to bring the Plan into compliance with the United States Revenue Service, attached hereto as Exhibit A. ADOPTED AND APPROVED this 16th day of February, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016 . Loucrishia A. Ellis, City Clerk . · .. - ICMA RETIREMENT CORPORATION IGOVERNMENTAL MONEY PURCHASE PLAN & TRUST . ADOPTION AGREEMENT ,.; . :. ··.,.:·.·. . ~ . '), ·.·:.:. ~-·, .. .. . :· •\" . :., ' ·. ': .. · .,.. . .· · .. '· . . ~ -.. · ... . ",- .. ': ·,: . ·.· .. i . ~ ·/ < :'" ·.·· ... "·l; , .. ·.· ·. '··.-· .. , .... ·:·; ICMARC ' BUILDING PUBLIC SECTOR RETIREMENT SECURITY ; I! : x . H ' I . B I T 'A • • · .. ; • • ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT Plan Number ~32!_ __ The Employer hereby establishes a Money Purchase Plan and Trust to be known as NonEmergency Employees MoneyPurchasePlan (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This Plan is an amendment and restatement of an existing defined contribution money purchase plan. ~Yes DNo If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: NONEMERGENCY EMPLOYEES MONEY PURCHASE PLAN I. Employer: CITY OF ENGLEWOOD, CO. II. Effective Dates • IZJ 1. Effective Date of Restatement. If this document is a restatement of an existing plan, the effective date of the Plan shall be January l, 2007 unless an alternate effective date is hereby specified: -------- (Note: An alternate effective date can be no earlier than January 1, 2007.) 0 2. Effective Date of New Plan. If this is a new Plan, the effective date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: 3. Special Effective Dates. Please note here any elections in the Adoption Agreement with an effective date that is different from chat noted in 1. or 2. above. (Note provision and effective dace .) III. Plan Year will mean: lV. • 0 The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(f) of the Plan.) ~ The twelve (12) consecutive month period commencing on _J_A_N_U_A_R_Y_1 _______ and each anniversary thereof. Normal Retirement Age shall be age ..§.Q,Q_ (not to exceed age 65). Important Note to Employers: Normal Retirement Age is significant for determining the earliest date at which the Plan may allow for in-service distributions. Normal Retirement Age also defines the latest date at which a Participant must have a fully vested right to his/her Account. There are IRS rules that limit the age that may be specified as the Plan's Normal Retirement Age. The Normal Retirement Age cannot be earlier than what is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. An age under 55 is presumed not to satisfy this requirement, unless the Commissioner oflnternal Revenue determines that the facts and circumstances show otherwise. Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer's good Money Purchase Plan Adoption Agreement Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer's good faith, reasonable determination will generally be given deference. A special rule, however, applies in the case of a plan where substantially all of the participants in the plan arc qualified public safety employees within the meaning of section 72(t)(lO)(B) • of the Code, in which case an age of 50 or later is deemed not to be earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. . V. EllGIBILITYREQUIREMENTS 1. The following group or groups of Employees are eligible to participate in the Plan: _ All Employees _ All Full Tune Employees _ Salaried Employees _ Non union Employees _ Management Employees _ Public Safety Employees _ General Employees _f_ Ocher Employees (Specify the group{s) of eligible employees below. Do not specify employees by name. Specific positions are acceptable.) MID-MANAGERS, SUPERVISORS,cONFIDENTIALS & NON-EXEMPT NONEMERGENCY EMPLOYEES The group specified muse correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personn~l manuals or other material in effect in the state or locality of the Employer. The eligibility requirements cannot be such that an Employee becomes eligible only in the Plan Year in which the Employee terminates employment. Note: As stated in Sections 4.07 and 4.08, the Plan may, however, provide that Final Pay Contributions or Accrued Leave Contributions arc the only contributions made under the Plan. *SEE ATTACHMENT # 001 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write NI A if an Employee is eligible co participate upon employmenc)_N_/_A ______ _ If chis waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is~ {not co exceed age 21. Write N/A if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows: (Choose all that apply, but at lease one of Options A or B. If Option A is lli2l: selected, Employer must pick up Participant Contributions under Option B.) Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If Option B is chosen, please complete section C.) 121 A. Employer Contributions, The Employer shall contribute on behalf of each Participant ___ 7._% of Earnings or $ NIA for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions 121 are required a are not required to be eligible for this Employer Contribution. 121 B. Mandatory Participant Contributions for Plan Participation. • Required Mandatory Contributions. A Participant is required to contribute (subject to the limitations of Article V • of the Plan) the specified amounts designated in items (i) through (iii) of the Contribution Schedule below: ~Yes DNo Money Purchase Plan Adoption Agreement 2 • • Employee Opt-In Mandatory Cootributions. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute the specified amounts design~ted in items (i) through (iii) of the Contribution Schedule below for each Plan Year (subject to the limitations of Article V of the Plan): 0 Yes l2J No Contribution Schedule. (i) ___ 3 % of Earnings, (ii) $ N/A , or (iii) a whole percentage of Earnings between the range of N/A {insert range of percentages between 1 % and 20% inclusive (e.g., 3%, 6%, or 20%; 5% to 7%)), as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant must pick a single percentage and shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. Employer "Pick up". The Employer hereby elects to "pick up" the Mandatory Participant Contributions1 (pick up is required if Option A is not selected). IZI Yes 0 No (''Yes" is the default provision under the Plan if no selection is made.) 0 C. Election Window (Complete if Option B is selected): Newly eligible Employees shall be provided an election window of ~days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window . An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 2. The Employer may also elect to contribute as follows: 0 A Fixed Employer Match ofVoluntar.y After-Tax Participant Contributions. The Employer shall contribute on behalf of each Participant_% of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed __ % of Earnings or $ . Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. 0 B. Variable Emplczyer Match ofVoluntaryAfter-Tax Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): __ % of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding __ % ofEarnings or $ ___ _, 1 Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are "picked up" by the Employer are not includabie in the Participant's gross income for federal income tax • purposes. Pick-up contributions are not mandated to receive private letter rulings; however, if an adopting employer wishes to receive a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 2012-4 (or subsequent guidance). Money Purchase Plan Adoption Agreement 3 PLUS ___ % of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in • the aggregate __ % of Earnings or $ ___ ). Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ ___ or __ % of Earnings, whichever is _ more or_ less. 3. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan: DYes IZI No ("No" is the default provision under the Plan if no selection is made.) 4. Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): Bl-WEEKLY 5. Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): Bl-WEEKLY 6. In the case of a Participant performing qualified military service (as defined in Code section 414(u)) with respect to the Employer: A Plan contributions will be made based on differential wage payments: CJ Yes 12.J No ("Yes" is the default provision under the Plan if no selection is made.) If yes is selected, this is effective beginning January l, 1009 unless another later effective date is filled in here: B. Participants who die or become disabled will receive Plan contributions with respect to such service: D Yes !2J No (''No" is the default provision under the Plan if no selection is made,) If yes is selected, this is effective for participants who died or became disabled while performing qualified military service on or after January 1, 2007, unless another later effectiye date is filled in here; Money Purchase Plan Adoption Agreement 4 • • VII. • EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: 1. Overtime Cl Yes 2. Bonuses Cl Yes 121 No 121 No 3. Other Pay (specifically describe any other types of pay to be included below) LONGEVITY VIII. ROLLOVER PROVISIONS • IX. • 1. The Employer will permit rollover contributions in accordance with Section 4.12 of the Plan: ~ Yes (] No ("~s" is the default provision under the Plan if no selection is made.) 2. Direct rollovers by non-spouse beneficiaries arc effective for distributions after 2006 unless the Plan delayed making them available. If the Plan delayed making such rollovers available. check the box below and indicate the later effective date in the space provided. Cl Effective Date is-------------- (Note: Plans must offer direct rollovers by non-spouse beneficiaries no later than plan years beginning after December 31, 2009.) LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Section 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (e) of the Plan will apply unless another method has been indicated below. 0 Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2 . The Limitation Year is the following 12 consecutive month period: ---------------- 3. Unless the Employer elects a delayed effective date below, Article 5 of the Plan will apply to limitations years beginning on or after July I, 2007. ----------------- (1he effective date listed cannot be later than 90 days after the close of the first regular legislati.ve session of the legislati.ve body with authority to amend the plan that begins on or after July 1, 2007.) Money Purchase Plan Adoption Agreement 5 X. VES'flNG PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the • concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent-from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) XI. WITHDRAWALS AND LOANS Period of Service Completed Zero One Two Three Four Five Six Seven Eight Nine Ten Percent Vested 0% 0 o/o 25 o/o 50 % 75 o/o 100 o/o 100 % 100 o/o 100 o/o 100 o/o 100 o/o 1. In-service distributions are permitted under the Plan after a participant attains (select one of the below options): Cl Normal Retirement Age f2I Age 70~ ("70*" is the default provision under the Plan if no selection is made.) Cl Alternate age (after Normal Retirement Age): ---------- C] Not permitted at any age 2. A Participant shall be deemed to have a severance from employment solely for purposes of eligibility to receive distributions from the Plan during any period the individual is performing service in the uniformed services for more than 30 days. Cl Yes l:zJ No ("Yes" is the default provision under the plan if no selection is made.) 3. Tax-free distributions of up to $3 ,000 for the direct payment of qualifying insurance premiums for eligible retired public safety officers are available under the Plan. Cl Yes IZJ No ("No" is the default provision under the Plan if no selection is made.) 4. In-service distributions of the Rollover Account are permitted under the Plan, as provided in Section 9.07. Cl Yes l:zJ No ("No" is the default provision under the Plan if no selection is made.) 5. Loans are permitted under the Plan, as provided in Article XIII of the Plan: l:zJ Yes Cl No (''No" is the default provision under the Plan if no selection is made.) Money Purchase Plan Adoption Agreement 6 • • m . • SPOUSAL PROTECTION The Plan will provide the following levd of spousal protection (select one): D 1. Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required. IZJ 2. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. ("Beneficiary Spousal Consent Election" is the default provision under the Plan if no selection is made.) D 3. QJSA Election (Article XVID. The normal form of payment of benefits under the Plan is a 50% qualified joint and survivor annuity with the spouse (or life annuity. if single). In the event of the Participant's death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. (If C is selected, the spousal consent requirements in Article XII also will apply.) XIII. FINAL PAY CONTRIBUTIONS • • The Plan will provide for Final Pay Contributions if either 1 or 2 below is selected. The following group of Employees shall be eligible for Final Pay Contributions: D All Eligible Employees D Other: ------------------------------~ Final Pay shall be defined as (sdect one)1 D A Accrued unpaid vacation D B. Accrued unpaid sick leave Cl C. Accrued unpaid vacation and sick leave D D. Other (insert definition of Final Pay-must be leave that Employee would have been able to use if employment had continued and must be bona fide vacation and/or sick leave): D 1. Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant----% of Final Pay to the Plan (subject to the limitations of Article V of the Plan). D 2. Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute __ % (insert fixed percentage of final pay to be contributed) or up to ___ % (insert maximum percentage of final pay to be contributed) of Fina.I Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked . Money Purchase Plan Adoption Agreement 7 :xrv. ACCRUED LEAVE CONTRIBUTIONS 'The Plan will provide for accrued unpaid leave contributions annually if either 1 or 2 is selected below. 'The following group of Employees shall be eligible for Accrued Leave Contributions: 0 All Eligible Employees 0 Other: __________________________ _ Accrued Leave shall be defined as (select one): D A Accrued unpaid vacation D B. Accrued unpaid sick leave D C. Accrued unpaid vacation and sick leave D D. Other (insert definition of accrued leave that is bona fide vacation and/or sick leave): D 1. Employer Accrued Leave Contribution. The Employer shall contribute as follows (choose one of the following options): D For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks (circle one)} to the Plan (subject to the limitations of Article V of the Plan). D For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant ___ % of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). D 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute __ % (insert fixed percentage of accrued unpaid leave to be contributed) or up to __ % (insert maximum percentage of accrued unpaid leave to be contributed} of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. XV. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVI. The Employer understands that this Adoption Agreement is to be used with only the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This ICMA Retirement Corporation Governmental Money Purchase Plan and Trust is a restatement of a previous plan, which was submitted to the Internal Revenue Service for approval on April 2, 2012, and received approval on March 31, 2014. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. The Employer understands that an amendment(s) made pursuant to Section 14.05 of the Plan will become effective within 30 days of notice of the amendment(s) unless the Employer notifies the Plan Administrator, in writing, that it disapproves of the amendment(s), If the Employer so disapproves, the Plan Administrator will be under no obligation to act as Administrator under the Plan. XVII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. Money Purchase Plan Adoption Agreement 8 • • • XVIII. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan . An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and ocher official guidance. In Witness Whereof, che Employer hereby causes chis Agreement to be executed on this ___ day of _____ _, 20 __ . EMPLOYER By: _______________ _ Prine Name: Shelley Becker Title: Director of Finance and Administrative Services Attest: ___________________ _ • • Money Purchase Plan Adoption Agreement I ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Suite 600 Washington, DC 20002 800-326-7272 Br------------------ Prine Name: ______________ _ Title: ------------------ Attest: ----------------- 9 A ICMARC BUILDING PUBLIC SECTOR RETIREIAENT SECURITY ICMA RETIREMENT CORPORATION 777 NORTH CAPITOL STREET, NE I WASHINGTON, DC 20002-4240 800-669-7400 WWW.ICMARC.ORG BRC000-214-21268-201405-Wl 303 • • • •• • • ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT #001 ATTACHMENT .• ' V. ELIGIBILITY REQUIREMENTS: Effective Date: ---- The plan will be available to all new hires employees as of May 21, 2001. Employees hired on or after May 21, 2001 will have the choice to participate in the 401 (A) or the old defined benefit plan. · The plan will become available to current employees on July 30, 2001 . ~Ay ·· 16 2001 ' --. ./• RESOLUTION NO. f/ SERIES OF 2001 A RESOLUTION AUTHORIZING THE ICMA RETIRE:rv.tENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT. WHEREAS, the Englewood City Council made changes to the NonEmergency Retirement Plan allowing optional participation in the Definati Benefit Pension Plan or the Money Purchase Plan with the passage of Council Bill No. 17, Series 2001; and WHEREAS, the City desires to change the ICMA-RC Mid-Manager, Supervisor and Confidential 40la Plan to allow Non-Exempt, Non-Emergency full-time personnel the option of participating in either the Defined Benefit Plan or the Money Purchase Plan; and WHEREAS, the passage of this Resolution amends the existing ICMA-RC Mid-Manager, Supervisor and Confidential 401a Plan to permit Non-Exempt, Non-Emergency personnel to join the Plan and renames the Plan the NonEmergency Employees Money Purchase Plan; WHEREAS, the City desires that its NonEmergency Employees Money Purchase Plan be administered by the ICMA Retirement Corporation and that the funds held under such Plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; WHEREAS, the Englewood Non-Emergency Employees Retirement Board passed the adopted changes to the Plan at their March 20, 2001, meeting; 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, Colorado hereby authorizes the "ICMA Retirement Corporation Governmental Money Purchase Plan & Trust Adoption Agreement", a copy of which is marked aa "Exhibit A:' and attached hereto. Section 2. The Director <;>f Finance and Administrative Services ·and City Clerk are hereby authorized to sign and attest said the "ICMA Retirement Corporation Governmental Money Purchase Plan & Trust Adoption Agreement" on behalf of the City of Englewood. ADOPTED AND APPROVED this 7th of May, 2001. • • • ' . • • • rado, hereby certify the I, Loucrishia A. Ellis, City Clerk for ,t'};e City of Englewood, C above is a true copy of Resolution No .!:J:I... Series of 2001. ~~{tj · .r • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: February 16, 2016 9cv Revised Adoption Agreement for City of Englewood ICMA- RC Money Purchase Plan Separate Account, Plan 108372 Initiated By: Staff Source: Department of Finance and Administrative Eric Keck, City Manager Services PREVIOUS COUNCIL ACTION City Council previously approved the adoption agreements with ICMA-Retirement Corporation (ICMA-RC) to provide retirement plans for the employees . RECOMMENDED ACTION The Internal Revenue Service requires certain amendments be included with the ICMA-RC Governmental Money Purchase Plan & Trust Adoption Agreement for Plan number 108372 to continue the qualified status. Staff recommends the City Council approve the attached resolution. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The resolution allows the approval of the ICMA-RC Governmental Money Purchase Plan & Trust Adoption Agreement for Plan 108372 to maintain the qualified plan . FINANCIAL IMPACT This action will not have an impact on the City's financial condition LIST OF ATTACHMENTS Proposed resolution • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION AMENDING THE CITY OF ENGLEWOOD'S ICMA-RC MONEY PURCHASE RETIREMENT PLAN FOR THE SEP ARA TE ACCOUNT (PLAN), NUMBER 108372. WHEREAS, the City of Englewood has established an ICMA Retirement Corporation (ICMA-RC) Money Purchase Retirement Plan for the Separate Account, Number 108372, which benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the City desires that its money purchase retirement plan be administered by the ICMA-RC; and WHEREAS , the assets of the Plan will be held in trust, with the Employer serving as trustee for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose; and WHEREAS, the Trustee's beneficial ownership of Plan assets held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries; and WHEREAS, the United States Internal Revenue Service requires certain amendments to be included with the ICMA-RC Governmental Money Purchase Plan and Trust Adoption Agreement for Plan, Number 108372, in order to continue the qualified status; and WHEREAS, the passage of this resolution by the Englewood City Council authorizes the amending of the City of Englewood's ICMA-RC Money Purchase Retirement Plan for the Separate Account, Number 108372. 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, Colorado hereby authorizes amending the ICMA-RC Money Purchase Retirement Plan for the Separate Account, Number 108372, to bring the Plan into compliance with the United States Revenue Service, attached hereto as Exhibit A. ADOPTED AND APPROVED this 16th day of February, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016 . Loucrishia A. Ellis, City Clerk ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT .. : ., .,··· .. ..... . ,;: .· ~·.·· . : .. . " " '· . . .~----· : ICMARC BUILDING PUBLIC SECTOR RETIREMENT SECURITY • • • • ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT Plan Number ~323.._ __ The Employer hereby establishes a Money Purchase Plan and Trust to be known as CITY OF ENGLEWOOD SEPARATE ACCOUNT (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust . This Plan is an amendment and restatement of an existing defined contribution money purchase plan. t2J Yes DNo If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: CITY OF ENGLEWOOD SEPARATE ACCOUNT I. Employer: CITY OF ENGLEWOOD II. Effective Dates • t2J 1. Effective Date of Restatement. If this document is a restatement of an existing plan, the effective date of the Plan shall be January 1, 2007 unless an alternate effective date is hereby specified:-------- (Note: An alternate effective date can be no earlier than January 1, 2007.) D 2 . Effective Date of New Plan. If this is a new Plan, the effective date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: 3. Special Effective Dates. Please note here any elections in the Adoption Agreement with an effective date that is different from that noted in 1. or 2. above. (Nore provision and effective date .) III. Plan Year will mean: Iv. • D The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(f) of the Plan .) t2J The twelve (12) consecutive month period commencing on _J_A_N_U_A_R_Y_1 _______ and each anniversary thereof. Normal Retirement Age shall be age ..2.5.,L (not to exceed age 65). Important Note to Employers: Normal Retirement Age is significant for determining the earliest date at which the Plan may allow for in-service distributions . Normal Retirement Age also defines the latest dare at which a Participant must have a fully vested right to his/her Account. There are IRS rules that limit the age that may be specified as the Plan's Normal Retirement Age. The Normal Retirement Age cannot be earlier than what is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. An age under 55 is presumed not to satisfy this requirement, unless the Commissioner of Internal Revenue determines that the facts and circumstances show otherwise. Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer's good Money Purchase Plan Adoption Agreement Whether an age between 55 and 62 satisfies this requirement depends on the facts and circumstances, but an Employer's good faith, reasonable determination will generally be given deference. A special rule, however, applies in the case of a plan where substantially all of the participants in the plan are qualified public safety employees within the meaning of section 72(t)(10)(B) • of the Code, in which case an age of 50 or later is deemed not to be earlier than the earliest age that is reasonably representative of the typical retirement age for the industry in which the covered workforce is employed. V. ELIGIBILITY REQUIREMENTS 1. The following group or groups of Employees are eligible to participate in the Plan: _ All Employees _ All Full Time Employees _ Salaried Employees _ Non union Employees _ Management Employees _ Public Safety Employees _ General Employees _:f_ Other Employees (Specify the group(s) of eligible employees below. Do not specify employees by name. Specific positions are acceptable.) SEPARATE ACCOUNT The group specified muse correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. The eligibility requirements cannot be such that an Employee becomes eligible only in the Plan Year in which the Employee terminates employment. Note: As stated in Sections 4.07 and 4.08, the Plan may, however, provide that Final Pay Contributions or Accrued Leave Contributions are the only contributions made under the Plan. 2. The Employer hereby waives or reduces the requirement of a twelve ( 12) month Period of Service for participation. The required Period of Service shall be (write NIA if an Employee is eligible to participate: upon employment)_N_/_A ______ _ If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is~ (not to exceed age 21. Write N/A if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. 1hc Employer shall contribute as follows: (Choose: all that apply, but at least one of Options A or B. If Option A is .ru:u; selected, Employer must pick up Participant Contributions under Option B.) Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If 0 ption B is chosen, please complete section C.) 0 A Employer Contributions. The Employer shall contribute: on behalf of each Participant ___ % of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions 0 are required l2J are not required to be eligible for this Employer Contribution. D B. Mandatory Participant Contributions for Plan Participation. Required Mandatory Contributions. A Participant is required to contribute (subject to the limitations of Article: V of the Plan) the specified amounts designated in items (i) through (iii) of the Contribution Schedule below: DYes l2J No Money Purchase Plan Adoption Agreement 2 • • • • 0 c. Employee Opt-In Mandatory Contributions. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute the specified amounts designated in items (i) through (iii) of the Contribution Schedule below for each Plan Year (subject to the limitations of Article V of the Plan): 0 Yes l2J No Contribution Schedule. (i) ___ % of Earnings, (ii) $ , or (iii) a whole percentage of Earnings between the range of (imert range of percentages between 1 % and 20% inclusive (e.g., 3 %, 6%, or 20%,· 5% to 7%)), as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant must pick a single percentage and shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. Employer "Pick up". The Employer hereby elects to "pick up" the Mandatory Participant Contributions 1 (pick up is required if Option A is not selected). l2J Yes 0 No ('%.r" ir the default provision under the Plan if no selection ir made.) Election Window (Complete if Option B is selected): Newly eligible Employees shall be provided an election window of ___ days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window . An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 2. The Employer may also elect to contribute as follows: 0 A. Fixed Employer Match of Yoluntar:y After-Tax Participant Contributions. The Employer shall contribute on behalf of each Participant_% of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed __ % of Earnings or$ . Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. 0 B. Variable Employer Match of Voluntary After-Tax Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): __ % of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding __ % ofEarnings or $ ); 1 Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are "picked up" by the Employer are not inc/udable in the Participant's gross income for federal income tax • purposes. Pick-up contributions are not mandated to receive private letter rulings; however, if an adopting employer wishes to receive a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 2012-4 (or subsequent guidance). Money Purchase Plan Adoption Agreement 3 PLUS ___ % of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in • the aggregate __ % of Earnings or $ ___ ) . Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ ___ or __ % of Earnings, whichever is _ more or_ less. 3. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan: C] Yes IZJ No ("No" is the default provision under the Plan if no selection is made.) 4. Employer contributions for a Plan Year shall be contributed to the Trust in acc~rdance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): NO CONTRIBUTIONS WILL BE MADE TO THIS PLAN 5. Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular limitation year ends, or in accordance with applicable law): NO CONTRIBUTIONS WILL BE MADE TO THIS PLAN 6. In the case of a Participant performing qualified military service (as defined in Code section 414(u)) with respect to the Employer: A. Plan contributions will be made based on differential wage payments: C1 Yes 121 No ("Yes" is the default provision under the Plan if no selection is made.) If yes is selected, this is effective beginning January 1, 2009 unless another later effeqive date is filled in here: B. Participants who die or become disabled will receive Plan contributions with respect to such service: C] Yes 121 No ("No" is the default provision under the Plan if no selection is made.) If yes is selected, this is effective for participants who died or became disabled while performing qualified military service on or after January 1, 2007, unless another later effective date js filled in here; Money Purchase Plan Adoption Agreement 4 • • VII. • EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: 1. Overtime D Yes 2. Bonuses D Yes 121 No 3. Other Pay {specifically describe any other types of pay to be included below) NO CONTRIBUTIONS WILL BE MADE TO THIS PLAN VIII. ROLLOVER PROVISIONS • IX. • 1. The Employer will permit rollover contributions in accordance with Section 4.12 of the Plan: D Yes 121 No ("les" is the default provision under the Plan if no selection is made.) 2. Direct rollovers by non-spouse beneficiaries are effective for distributions after 2006 unless the Plan delayed making them available. If the Plan delayed making such rollovers available, check the box below and indicate the later effective date in the space proyided. D Effective Date is--------------' (Note: Plans must offer direct rollovers by non-spouse beneficiaries no later than plan years beginning after December 31, 2009.) LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Section 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (e) of the Plan will apply unless another method has been indicated below. 0 Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The Limitation Year is the following 12 consecutive month period:----------------- 3. Unless the Employer elects a delayed effective date below, Article 5 of the Plan will apply to limitations years beginning on or after July l, 2007. ----------------- (1he effective date listed cannot be later than 90 days after the close of the first regular legislative session of the legislative body with authority to amend the plan that begins on or after July 1, 2007.) Money Purchase Plan Adoption Agreement 5 X. VESTING PROVISIONS 1hc Employer hereby specifics the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the • concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent-from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) XI. WITHDRAWALS AND LOANS Period of Service Completed Zero One Two Three Four Five Six Seven Eight Nine Ten Percent Vi::stcd 100 % 100 % 100 % 100 % 100 % 100 % 100 % 100 % 100 % 100 % 100 o/o 1. In-service distributions are permitted under the Plan after a participant attains (select one of the below options): Cl Normal Retirement Age l2J Age 701h ("70112" is the default provision under the Plan if no sekction is made.) Cl Alternate age (after Normal Retirement Age):---------- Cl Not permitted at any age 2. A Participant shall be deemed to have a severance from employment solely for purposes of eligibility to receive distributions from the Plan during any period the individual is performing service in the uniformed services for more than 30 days. Cl Yes IZJ No ("Yes" is the default provision under the plan if no sekction is made.) 3. Tax-free distributions of up to $3,000 for the direct payment of qualifying insurance premiums for eligible retired public safety officers arc available under the Plan. Cl Yes !ZJ No (''No" is the default provision under the Plan if no selection is made.) 4. In-service distributions of the Rollover Account are permitted under the Plan, as provided in Section 9.07. Cl Yes l2J No ("Na" is the default provWan under the Plan if no selection is made.) S. Loans are permitted under the Plan, as provided in Article XIII of the Plan: Cl Yes l2J No (''No" is the default provision under the Plan if no selection is made.) Money Purchase Plan Adoption Agreement 6 • • XII. • SPOUSAL PROTECTION The Plan will provide the following level of spousal protection (select one): 0 1. Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required. IZJ 2. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under the Plan is a lump sum. Upon death, the SUrViving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. ("Beneficiary Spousal Consent Election" u the default provision under the Plan if no selection u made.) . 0 3. QJSA Election (Article XVII). The normal form of payment of benefits under the Plan is a 50% qualified joint and survivor annuity with the spouse (or life annuity, if single). In the event of the Participant's death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. (If C is selected, the spousal consent requirements in Article XII also will apply.) XIII. FINAL PAY CONTRIBUTIONS • • The Plan will provide for Final Pay Contributions if either 1 or 2 below is selected. The following group of Employees shall be eligible for Final Pay Contributions: 0 All Eligible Employees 0 Other: ___________________________ _ Final Pay shall be defined as {select one}: 0 A Accrued unpaid vacation 0 B. Accrued unpaid sick leave 0 C. Accrued unpaid vacation and sick leave 0 D. Other {imert definition of Final Pay -must be leave that Employee would have been able to use if employment had continued and must be bona fide vacation and/or sick leave): Cl 1. Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant ____ % of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Cl 2. Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute __ % (insert fixed percentage of final pay to be contributed) or up to __ . _% (insert maximum percentage of final pay to be contributed} of Final Pay to the Plan (subject to the limitations of Article V of the Plan}. Once elected, an Employee's election shall remain in force and may not be revised or revoked . Money Purchase Plan Adoption Agreement 7 XIv. ACCRUED LEAVE CONTRIBUTIONS 1he Plan will provide for accrued unpaid leave contributions annually if either 1 or 2 is selected below. 1he following group of Employees shall be eligible for Accrued Leave Contributions: 0 All Eligible Employees 0 Other:---------------------------- Accrued Leave shall be defined as (select one}: CJ A. Accrued unpaid vacation t::l B. Accrued unpaid sick leave t::l C. Accrued unpaid vacation and sick leave C] D. Other (insert definition of accrued leave that is bona fide vacation and/or sick leave}: [J 1. Employer Accrued Leave Contribution. The Employer shall contribute as follows (choose one of the following options}: D For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insen number of hours/days/weeks {circle one}) to the Plan {subject to the limitations of Article V of the Plan). D For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant ___ % of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). 0 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute __ % (insert fixed percentage of accrued unpaid leave to be contributed} or up to __ % (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. XV. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVI. The Employer understands that this Adoption Agreement is to be used with only the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust. This ICMA Retirement Corporation Governmental Money Purchase Plan and Trust is a restatement of a previous plan, which was submitted to the Internal Revenue Service for approval on April 2, 2012, and received approval on March 31, 2014. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. The Employer understands that an amendment(s) made pursuant to Section 14.05 of the Plan will become effective within 30 days of notice of the amendment(s) unless the Employer notifies the Plan Administrator, in writing, that it disapproves of the amendment(s). If the Employer so disapproves, the Plan Administrator will be under no obligation to act as Administrator under the Plan. XVII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. Money Purchase Plan Adoption Agreement 8 • • • XVIII. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this ___ day of ______ , 20 __ . EMPLOYER By: _______________ _ Print Name: Shelley Becker Title: Director of Finance and Administrative Services Attest: ___________________ _ • • Money Purchase Plan Adoption Agreement ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Suite 600 Washington, DC 20002 800-326-7272 By: _____________ _ Print Name:--------------- Title: ------------------ Attest: ----------------- 9 A ICM.ARC BUILDING PUBLIC SECTOR RETIREM "NT SECURITY ICMA RETIREMENT CORPORATION 777 NORTH CAPITOL STREET, NE I WASHINGTON, DC 20002-4240 800-669-7400 WWW.ICMARC.ORG BRC000-214-21268-201405-Wl 303 • • • • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 16, 2016 11ai Paseo Lease Renewal -Brew on Broadway Initiated By: Staff Source: Community Development Department Darren Hollingsworth Economic Development Manaqer COUNCIL GOAL AND PREVIOUS COUNCIL ACTION At the February 1, 2016 study session City Council discussed the paseo lease renewal for the Brew on Broadway (BoB) and recommended a 1 year lease for $1 per square foot. To initiate business retention, revitalization, and growth strategies . Create economic vibrancy in downtown Englewood by activating public spaces . RECOMMENDED ACTION Staff recommends that City Council approve the attached Bill for Ordinance approving the Brew on Broadway's paseo lease renewal for a portion of the City-owned property at 3499 South Broadway, on first reading . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A portion of the City-owned paseo is currently leased to an adjacent business owner, the Brew on Broadway (BoB), a brewery and coffee shop, for outside seating to support his operation. The lease agreement with the BoB at 3445 South Broadway has been in place since April 2013 and expires in April 2016. Council asked the staff research comparable lease rates of similar properties to establish a fair-market lease rate going forward after the one-year lease term. Outside seating in the west-side paseo creates vibrancy in downtown Englewood by activating public spaces . FINANCIAL IMPACT The City will receive a lease payment of $914 .00 from the Brew on Broadway for a one (1) year lease renewal. Since it is the tenant's responsibility to maintain the leased premises, the City should not incur any cost for the maintenance during the term of the leases. Below is a summary of the lease terms for these lease agreements : Tenant Term S uare Feet Annual Lease Amount Brew on Broadwa LIST OF ATTACHMENTS Proposed Bill for Ordinance • • • • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE AUTHORIZING THE RENEW AL OF A LEASE WITH PAUL WEBSTER, FOR USE A PORTION OF REAL PROPERTY THE "PASEO" LOCATED AT 3449 SOUTH BROADWAY AS OUTDOOR SEATING FOR "THE BREW ON BROADWAY". WHEREAS, the City owns property commonly known as the "Paseo" at 3449 South Broadway, Englewood, CO.; and WHEREAS, the Englewood City Council previously authorized a 1 year lease with "The Brew On Broadway" Paul Webster, Suzanne Odiorne-Webster, Matthew Webster and Charles Houck for a portion of property the "Paseo" at 3449 South Broadway for outdoor seating by the passage of Ordinance No. 67, Series of 2013; and WHEREAS, the approval of this Ordinance will permit "The Brew On Broadway" Paul Webster to lease a portion of real property the "Paseo" located at 3449 South Broadway for outdoor seating for another 1 year period beginning on April 1, 2016 through April 1, 201 7; and WHEREAS, the Englewood City Council finds that the renewal of a lease of a portion of the "Paseo" property to The Brew on Broadway will enhance the usefulness and vitality of the Downtown Englewood Business area; WHEREAS, this agreement will benefit and promote the welfare of the City of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council here by authorizes a renewal of a Lease with Paul Webster for use a portion of the real property "Paseo" located at 3449 South Broadway as outdoor seating for "The Brew On Broadway" beginning on April 1, 2016 through April 1, 201 7. A copy of the "Lease" is marked as "Exhibit A" and attached hereto. Section 2. The Mayor is hereby authorized to sign and the City Clerk shall attest said Lease on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 16th day of February, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 18th day of February, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 17th day of • February, 2016 for thirty (30) days . Joe Jefferson, Mayor ATTEST: Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of February, 2016 . Loucrishia A. Ellis • • • • • LEASE OF CITY OWNED PROPERTY FOR OUTDOOR SEATING FOR "THE BREW ON BROADWAY" This lease, dated , is between the CITY OF ENGLEWOOD, 1000 Englewood Parkway, Englewood, Colorado 80110, as Landlord and PAUL WEBSTER, whose address is 3445 South Broadway, Englewood 80113 as Tenant. In consideration of the payment of the rent and the performance of the covenants and agreements by the Tenant set forth herein, the Landlord does hereby lease to the Tenant the following described premises situate in Arapahoe County, in the State of Colorado; the address of which is 3449 South Broadway, Englewood, Colorado 80113, more fully described as follows: That portion of Lots 35 and 36 Block 1 Enwood Addition as defined in Exhibit A. Said parcel contains approximately 914 square feet. Said premises, with all the appurtenances, are leased to the Tenant from the date of April 1, 2016 -April 1, 2017, at and for a rental for the full term of one dollar per square foot with the payment in the amount of $914.00 on approval of the Lease by Tenant. The rent shall be due on April 1 of each renewal year, payable at 1000 Englewood Parkway, Englewood, Colorado 80110 Attention: Finance Department, without notice. THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES AGREES AS FOLLOWS: 1. To pay the rent for the premises above-described, in advance. 2. To keep the improvements upon the premises including drainage, fences, wiring and lighting in good repair, all at Tenant's expense, and at the expiration of this lease to surrender the premises in the same condition as when the Tenant entered the premises, loss by fire, inevitable accident, and ordinary wear excepted. Tenant shall post a bond with the City in the amount of five thousand dollars ($5,000.00) to secure the removal of improvements or repairs should the Tenant fail to surrender premises as described herein. 3. To keep the premises free and clear of ice and snow, and to keep the entire premises free from all litter, dirt, debris and obstructions; to keep the premises in a clean and sanitary condition as required by the ordinances of the city and county in which the property is situated. 4. To sublet no part of the premises, and not to assign the lease or any interest therein . -1- E x H I B I T A 5. To use the premises only as seating for the adjoining premises at 3445 South Broadway and to use the premises for no purposes prohibited by the laws of the United States or the State of Colorado, or of the ordinances of the city or town in which said premises are located, and for no improper or questionable purposes whatsoever, and to neither permit nor suffer any disorderly conduct, noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises. 6. To neither hold nor attempt to hold the Landlord liable for any injury or damage, either proximate or remote, occurring through or caused by the repairs, alterations, injury or accident to the premises, or adjacent premises, or other parts of the above premises not herein demised, or by reason of the negligence or default of the owners or occupants thereof or any other person, nor to hold the Landlord liable for any injury or damage occasioned by defective electric wiring, plumbing or storm water, nor shall said premises be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous, nor make any alterations to or changes in, upon, or about the premises without obtaining the written consent of the Landlord therefore. 7. To allow the Landlord to enter upon the premises at any reasonable hour. IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LANDLORD AND TENANT AS FOLLOWS: 8. No assent, express or implied, to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. 9 . If, after the expiration of this lease, the Tenant shall remain in possession of the premises and continue to pay rent without a written agreement as to such possession, then such tenancy shall be regarded as a month-to-month tenancy, at a monthly rental, payable in advance, equivalent to the last month's rent paid under this lease, and subject to all the terms and conditions of this lease. 10. If the premises are left vacant and any part of the rent reserved hereunder is not paid, then the Landlord may, without being obligated to do so, and without terminating this lease, retake possession of the said premises, making such changes and repairs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and the Tenant shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. 11. At the Landlord's option, it shall be deemed a breach of this lease if the Tenant defaults (a) in the payment of the rent or any other monetary obligation herein; or (b) in the performance of any other term or condition of this lease. The Landlord may elect to cure such default and any expenses of curing may be added to the rent and shall become immediately due and payable. -2- • • • • • • 12 . In the event that the Landlord elects to declare a breach of this lease, the Landlord shall have the right to give the Tenant three (3) days written notice requiring payment of the rent or compliance with other terms or provisions of the lease, or delivery of the possession of the premises. In the event any default remains uncorrected after three (3) days written notice, the Landlord, at Landlord's option, may declare the term ended, repossess the premises, expel the Tenant and those claiming through or under the Tenant and remove the effects of the Tenant, all without being deemed guilty in trespass or of a forcible entry and detainer and without prejudice to any other remedies to which the Landlord may be entitled. If at any time this lease is terminated under this paragraph, the Tenant agrees to peacefully surrender the premises to the Landlord immediately upon termination, and ifthe Tenant remains in possession of the premises, the Tenant shall be deemed guilty of unlawful detention of the premises . The Landlord shall be entitled to recover from the Tenant all damages by reason of the Tenant's default, including but not limited to the cost to recover and repossess the premises, the expenses of reletting, necessary renovation and alteration expenses, commissions and the rent for the balance of the term of this lease. In the event of any dispute arising under the terms of this lease, or in the event of non- payment of any sums arising under this lease and in the event the matter is turned over to an attorney, the party prevailing in such dispute shall be entitled, in addition to other damages or costs, to receive reasonable attorneys' fees from the other party. 13. In the event any payment required hereunder is not made within (10) days after the payment is due, a late charge in the amount of five percent (5%) of the payment will be paid by the Tenant. 14. In the event of a condemnation or other taking by any governmental agency, all proceeds shall be paid to the Landlord hereunder, the Tenant waiving all right to any such payments . 15. This lease is made with the express understanding and agreement that in the event the Tenant becomes insolvent, the Landlord may declare this lease ended, and all rights of the Tenant hereunder shall terminate and cease. 16. Tenant shall insure the premises for public liability and property damage in the sum of One Million Dollars with the City of Englewood as an additional insured. 17 . Should any provision ofthis lease violate any federal, state or local law or ordinance, that provision shall be deemed amended to so comply with such law or ordinance, and shall be construed in a manner so as to comply. 18. This lease shall be binding on the parties, their personal representatives , successors and assigns. 19 . When used herein, the singular shall include the plural, and the use of any gender shall apply to both genders . -3- ADDITIONAL PROVISIONS Tenant shall pay the cost of the construction after written approval of any improvements . LANDLORD CITY OF ENGLEWOOD By: __________ _ ATTEST: _________ _ TENANT STATE OF COLORADO ) M )ss. COUNTY OF~~) -4- ,-......... \ .SUZANNE C OOI RNl;WEBSTER ' , NOTARY PUBLIC SIATE OF COLORADO NOTAl3Y ID 19914005699 ~ON EXPIRES JULY 31 , 2019 • • • r ·J . . ";J · ... • • --, I I I I I ,1-..f.L +----r--.J JT ... 1.7' I m'&"Wlii=· ,,.,,..,, ... ..,,.i\J&Vli......- '"' IO&fU'ClllD I. 0 0 0 0 0 0 ,.JL ·j f I -'-1 Hll!QllQ:Dt.&rw I .. -~· _______ J ! lr.t ! ~~:!OORPATIO DIMENSIONS ~ E.XHlf'llT •A .. f • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 16, 2016 11 aii Paseo Lease Agreement -ZOMO Initiated By: Staff Source: Community Development Department Darren Hollingsworth Economic Development Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION At the February 1, 2016 study session City Council discussed the paseo lease for ZOMO and recommended a 1 year lease for $1 per square foot. To initiate business retention, revitalization, and growth strategies. Create economic vibrancy in downtown Englewood by activating public spaces. RECOMMENDED ACTION Staff recommends that City Council approve the attached Bill for Ordinance approving ZOMO's paseo lease agreement for a portion of the City-owned property at 3499 South Broadway, on first reading . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Zomo, an Asian-fusion restaurant, is opening adjacent to the west-side paseo and requesting a lease agreement for outside seating . Zomo is currently underway with tenant finish to upgrade the former El-T epehuan Mexican Restaurant space at 3457 South Broadway. Council asked staff to research comparable lease rates of similar properties to establish a fair-market lease rate going forward after the one-year lease term . Outside seating in the west-side paseo creates vibrancy in downtown Englewood by activating public spaces. FINANCIAL IMPACT The City will receive $332.00 in lease payments from Zomo's one year lease. Since it is the tenant's responsibility to maintain the leased premises, the City should not incur any cost for the maintenance during the term of the leases. Below is a summary of the lease terms for these lease agreements: Term S uare Feet Annual Lease Amount • ~Z_o_m_o~~~~~_____.._A_._ri_1_20_1_6_t_hr_u_A_._r_i1_20_1_7___.__3_3_2~~~---'-~$_33_2_.o_o~~~~~---' LIST OF ATTACHMENTS Proposed Bill for Ordinance • • • ' • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO . 9 INTRODUCED BY COUNCIL MEMBER ------ A BILL FOR AN ORDINANCE AUTHORIZING A LEASE WITH ZOMO, LLC. FOR USE OF A PORTION OF THE REAL PROPERTY "THE PASEO" LOCATED AT 3449 SOUTH BROADWAY AS OUTDOOR SEATING FOR "ZOMO". WHEREAS, the City owns property commonly known as the "Paseo" at 3449 South Broadway, Englewood, CO.; and WHEREAS, the approval of this Ordinance will permit "ZOMO, LLC" Ryan Anderson and Alysia Davey to lease a portion of real property the "Paseo" located at 3449 South Broadway for outdoor seating for a one year period beginning on April 1, 2016 through April 1, 2017; and WHEREAS, the Englewood City Council finds that the leasing of a portion of that property the "Paseo" to ZOMO will enhance the usefulness and vitality of the Downtown Englewood Business area; WHEREAS, this agreement will benefit and promote the welfare of the City of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. A Lease with ZOMO, LLC. Ryan Anderson and Alysia Davey for use of a portion of real property the "Paseo" located at 3449 South Broadway as outdoor seating for "ZOMO" beginning on April 1, 2016 through April 1, 2017 . A copy of the "Lease" is marked as "Exhibit A" and attached hereto . Section 2. The Mayor is hereby authorized to sign and the City Clerk shall attest said Lease on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 16th day of February, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 18th day of February, 2016 . 1 Published as a Bill for an Ordinance on the City's official website beginning on the 17th day of February, 2016 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of February, 2016. Loucrishia A. Ellis 2 • • • • • • LEASE OF CITY OWNED PROPERTY FOR OUTDOOR SEATING FOR. "ZOMO" This lease, dated is between the CITY OF ENGLEWOOD, 1000 Englewood Parkway, Englewood, Colorado 80110, as Landlord and ZOMO, LLC., whose address is 3457 South Broadway, Englewood, CO 80113, as Tenant. In consideration of the payment of the rent and the performance of the covenants and agreements by the Tenant set forth herein, the Landlord does hereby lease to the Tenant the following described premises situate in Arapahoe County, in the State of Colorado; the address of which is 3449 South Broadway, Englewood, Colorado 80113, more fully descO.bed as follows: That portion of Lots 35 and 36 Block 1 Enwood Addition as defined in Exhibit A. Said parcel contains approximately 332 square feet. Said premises, with all the appurtenances, are leased to the Tenant from the date of April 1, 2016 -April l, 2017, at and for a rental for the full term of one dollar per square foot with the payment in the amount pf $332.00 on approval of the Lease by Tenant. The rent shall be due on April 1 of each renewal year, payable at 1000 Englewood Parkway, Englewood, Colorado 80110 Attention: Finance Departmcii~ without notice. THE TENANT, IN CONSIDERATION OF THE LEASING OF TIIE PREMISES AGREES AS FOLLOWS: 1. To pay the rent for the premises above-described, in advance. 2. To keep the improvements upon the premises including drainage, fences, wiring and lighting in good repair, all at Tenant's expense, and at the expiration of this lease to surrender the premises in the same condition as when the Tenant entered the premises, loss by fire, inevitable accident, and ordinary wear excepted. Tenant shall post a bond with the City in the amount of five thousand dollars ($5,000.00) to secure the removal of improvementS or repairs should the Tenant fail to surrender premises as described herein. 3. To keep the premises free and clear ofice and snow, and to keep the entire premises free from all litter, dirt, debris and obstructions; to keep the premises in a clean and sanitary condition as required by the ordinances of the city and county in which the property is situated. · · 4. To sublet no part of the premises, and not to assign the lease or any interest therein . ""'.1- 5. To use the premises only as seating for the adjoining premises at 3457 South Broadway and to use the premises for no purposes prohibited by the laws of the United States or the State of Colorado, or of the ordinances of the city or town in which said premises are located, and for no improper or questionable purposes whatsoever, and to neither permit nor suffer any disorderly conduct, noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises, 6. To neither hold nor attempt to hold the Landlord liable for any injury or damage, either proximate or remote, occurring through or caused by the repairs, alterations, injury or accident to the premises, or adjacent premiSes, or other parts of the above premises not herein demised, or by reason of the negligence or default of the owners or occupants thereof or any other person, nor to hold the Landlord liable for any injury or damage Oc:casioned by defective electric wiring, plwnbing or stonn water, nor shall said premises be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous, nor make any alterations to or changes in, upon, or about the premises without obtaining the written consent of the Landlord therefore. 7. To allow the Landlord to enter upon the premises at any reasonable hour. IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LANDLORD AND TENANT AS FOLLOWS: 8. No assent, express or implied, to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. 9. If, after the expiration of this lease, the Tenant shall remain in possession of the premises and continue to pay rent without a written agreement as to such possession, then such tenancy shall be regarded as a month-to-m.onth tenancy, at a monthly rental, payable in advance, equivalent to the last month;s rent paid under this lease, and subject to all the temlS and conditions of this lease. 10. If the premises are left vacant and any part of the rent reserved hereunder is not paid, then the Landlord may, without being obligated to do so, and without terminating this lease, retake possession of the said premises, making such changes and repairs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and the Tenant shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. 11. At the Landlord's option, it shall be deemed a breach of this lease if the Tenant defaults (a) in the payment of the rent or any other monetary obligation herein; or (b) in the perfonnance of any other term or condition of this lease. The Landlord may elect to cure such default and any expenses of curing may be added to the rent and shall become immediately due and payable. -2- • • • • In the event that the Landlord elects to declare a breach of this lease, the Landlord shall have the right to give the Tenant three (3) days written notice requiring payment of the rent or compliance with other tenns or provisions of the lease, or delivery of the possession of the premises. In the event any default remains uncorrected after three (3) days written notice, the Landlord, at Landlord's option, may declare the tenn ended, repossess the premises, expel the Tenant and those claiming through or under the Tenant and remove the effects of the Tenant, all without being deemed guilty in trespass or of a forcible entry and detainer and without prejudice to any other remedies to whi~h the Landlord may be · . entitled. If at any time this lease is terminated under this paragraph, the Tenant agrees to peacefully surrender the premises to the Landlord immediately upon termination, and if the Tenant remains in possession of the premises, the Tenant shall be deemed guilty of unlawful detention of the premises. The Landlord shall be erititled to recover from the Tenant all damages by reason of the Tenant's defauit, including but not limited to the cost to recover and repossess the premises, the expenses of reletting, necessary renovation . and alteration expenses, commissions and the rent for the balance of the term of this lease. 12. In the event of any dispute arising under the tenns of this lease, or in the event of non- payment of any sums arising under this lease and in the event the matter is turned over to an attorney, the party prevailing in such dispute shall be entitled, in addition to other damages or costs, to receive reasonable attorneys' fees from the other party. 13. In the event any payment required hereunder is not made within ( 10) days after the . payment b due, a late charge in the amount of five percent (5%) of the payment will be • paid by the Tenant. · • 14. In the event of a condemnation or other taldng by any governmental agency, all proceeds shall be paid to the Landlord hereunder, the Tenant waiving all right to any such payments. 15 . This lease is made with the express understanding and agreement that in the event the Tenant becomes insolvent, the Landlord may declare this lease ended, and all rights of the Tenant hereunder shall terminate and ce!ISC. 16. Tenant shall insure the premises for public liability and property damage in the surri of One Million Dollars with the City of Englewood as an additional insured, 17. Should any provision of this lease violate any f~eral, state or local law or ordinance, that provision shall be deemed amended to so comply with such law or ordinance, and shall be construed in a manner so as to comply. 18. This lease shall be binding on the parties, their personal representatives, successors and assigns. 19. When used herein, the singular shall include the plural, and the use of any gender shall apply to both genders. · -3- ADDITIONAL PROVISIONS Tenant shall pay the cost of the construction after written approval of any improvements. LANDLORD CITY OF ENGLEWOOD By: _________ _ Joe Jefferson, Mayor ATTEST: ________ _ Loucrishia A. Ellis, City Clerk TENANT ZOMO,LLC. By:d{~ STATE OF COLORADO ) )ss. COUNTY OF }41?ftr~ ) STATE OF COLORADO ) )ss. COUNTY OF azvteAtlQE ) MICHELL MESSING NOTARY PUBLIC, STATE OF COLORADO NOTARY ID 20144037598 MY COMMISSION EXPIRES SEPTEMBER 25, 2018 , 1Tue foregoing instrumen. t was acknowledged beti re me this /Cf ~ay of __ Jijt{V1~,i_, 2o_lb__, by Alysia Davey operating member ofZOMO, LLC. My commission expires: C)1 /7-S / 24 ( g f I -4-MICHELLE MESSING NOTARY PUBLIC, STATE OF COLORADO NOTARY ID 20144037598 MY COMMISSION EXPIRES SEPTEMBER 25, 2018 • • • • • • . D 3457 Currently "El Tepehuan" -2125 SQFT Existing Trash Receptacle \_ Proposed 1" Water Main Proposed Awnings ,......... Existing Truh / R1captact1 Eliltlng City Scufptute Existing "BOB" Fenc:>1 Exllllng Plantar ·ft .~··-... ·:.., .•,.. ·~:::' 3445 Currently "The Brew on Broadway" Proposed Lease of City "Paseo .. for Outdoor Restaurant Fenced Seating • COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 16, 2016 11aiii IGA Amendment for Art Shuttle Cost Sharing Initiated By: Staff Source: Community Development Department Harold J . Stitt, Senior Planner PREVIOUS COUNCIL ACTION Council approved an Intergovernmental Agreement (IGA) between the City and the Regional Transportation District (RTD) for funding of the Englewood Circulator Shuttle by Ordinance 50 , Series of 2004 , by Ordinance 66, Series of 2007 , by Ordinance 10, Series of 2008 , by Ordinance 8, Series of 2009 , by Ordinance 4, Series of 2010, Ordinance 5 , Series of 2011 , by Ordinance 9 , Series of 2012, by Ordinance 3 , Series of 2013, by Ordinance 10, Series of 2014, and by Ordinance 5 , Series of 2015 . Council approved by Motion, in August 2004, a contract for transit services with Laidlaw Transit Services and subsequently extended this contract by Resolution No. 87, Series of 2005 , by Resolution No . 77 , Series of 2006, by Motion on December 3, 2007 , by Motion on March 3, 2008, by Motion on April 6 , 2009 . Council approved by Motion on December 21, 2009, a contract for transit services with MV Transportation , Inc., and subsequently extended this contract by Motion on February 22, 2011 , by • Motion on March 5 , 2012, by Motion on February 4, 2013 , by Motion on March 17, 2014, and by Motion on February 2 , 2015 . RECOMMENDED ACTION Staff recommends Council adopt a Bill for an Ordinance authorizing the Second Amendment to the Intergovernmental Agreement between the City of Englewood and the Regional Transportation District (RTD) for cost sharing for operation of the art shuttle for 2016 . BACKGROUND AND ANALYSIS In 2014, RTD added a provision to their standard Intergovernmental Agreement that provides for either party to amend the agreement (Paragraph 1 OH). For 2016 as in 2015, this allows for a simple amendment to the IGA stipulating the new funding amounts since all other provisions of the IGA will not change . Under this second amendment, the shuttle will continue to provide the current level of service operating every 15 minutes, Monday through Friday, 6 :30 AM to 6 :30 PM . RTD will reimburse the City 100% of all net operating costs as set forth in Exhibit B of the IGA less estimated farebox revenue . Net operating expenses exclude administrative costs, marketing and promotional materials cost. The total budget for 2015 shuttle operations as proposed by RTD is $315,353 composed of operating expenses of $266 ,833 and estimated fuel costs of $48,519. As with prior agreements, the City will also provide fuel to eliminate state and federal gasoline taxes, reducing fuel costs. The City will reimburse RTD an amount equal to the farebox revenue that would have been collected had the shuttle operated as a fare service rather that free service . The amount of the compensation was determined through a survey of • riders conducted in October 2015 . The survey results indicated the number of riders that did not have a bus pass or transfer and would be subject to the standard, reduced senior or student fare . For calendar • year 2016, the estimated farebox revenue amount is $79 ,531. FINANCIAL IMPACT RTD will reimburse the City for all contract and fuel costs less the farebox revenue fare amount. For the contract period the estimated farebox revenue amount is $79,531 and is included in the approved 2016 Community Development Department budget. The contract continues the same level of service operating Monday through Friday , 6 :30 am to 6:30 pm at no cost to riders . ATTACHMENTS 2016 !GA Amendment Bill fo r an Ordinance Art Shuttle Ridership Report • • • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER ------ A BILL FOR AN ORDINANCE AUTHORIZING A SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT AMENDING THE "ART" SHUTTLE COST SHARING INTER-GOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, Council has approved Intergovernmental Agreements (IGA) between the City and the Regional Transportation District (RTD) for funding of the Englewood Circulator Shuttle from 2004 through 2014; and WHEREAS, in 2014, RTD added a provision to their standard Intergovernmental Agreement that provides for either party to amend only the financial commitment under the agreement (Paragraph lOH), for 2015 . This allows for a simple amendment to the IGA stipulating the new funding amounts since all other provisions of the IGA will not change, which the Englewood City Council authorized by the passage of Ordinance No. 5, Series of 2015; and WHEREAS, in 2014, RTD added a provision to their standard Intergovernmental Agreement that provides for either party to amend only the financial commitment under the agreement (Paragraph lOH), for 2015. The passage of this ordinance allows for a simple Second Amendment to the IGA stipulating the new funding amounts since all other provisions of the IGA will not change; and WHEREAS, the City will reimburse RTD in an amount equal to the local fares that would have been collected had the shuttle operated as a fare service rather than free service; and WHEREAS, for calendar year 2016, the estimated lost fare amount equals $79,531, which has been budgeted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Second amendment to IGA entitled "Funding Agreement for RTD Funding of Local Transportation Services" (Englewood Art Shuttle) between the Regional Transportation District (RTD) and the City of Englewood, Colorado, as attached hereto as Exhibit A. Section 2. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental Agreement for and on behalf of the City of Englewood . Introduced, read in full , and passed on first reading on the 16th day of February, 2016 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 18th day of February, 2016 . Published as a Bill for an Ordinance on the City's official website beginning on the 17th day of February, 2016 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of February, 2016. Loucrishia A. Ellis • • • • • • SECOND AMENDMENT TO FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) This Second Amendment to FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) ("Second Amendment") is hereby made by and between the Regional Transportation District ("RTD") and CITY OF ENGLEWOOD ("LOCAL ENTITY"). RTD and LOCAL ENTITY also may be referred to herein as a "Party" or collectively as the "Parties." RECITALS A. RTD and LOCAL ENTITY entered into an agreement entitled FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) dated April 4, 2014 ("Agreement"); B. Section 10.H of the Agreement provides that the Parties may amend the Agreement to account for changes in the RTD Funding by a written agreement; C. The Parties executed the First Amendment to the Agreement dated February 19, 2015, in order to provide the RTD Funding for 2015; and D. In accordance with Section 10.H, RTD and LOCAL ENTITY now desire to amend the Agreement in order to provide the RTD Funding for 2016. Now, therefore, the Parties agree as follows: AGREEMENT 1. Except as otherwise stated herein, all initially capitalized terms shall have the same meaning as set forth in the Agreement. If there is any conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall control. As modified by this Amendment, the Agreement shall remain in full force and effect. 2. Exhibit B of the Agreement is stricken and replaced with the revised Exhibit B, which is attached hereto and incorporated by reference herein. 3 . This Amendment shall become effective upon the last date executed by all Parties . Page 1of3 IN WITNESS WHEREOF, the Parties have duly executed this Amendment to the Agreement. CITY OF ENGLEWOOD Jo e Jefferson Mayor ATTEST: By: ________ _ Loucrishia A. Ellis City Clerk Page2of3 REGIONAL TRANSPORTATION DISTRICT By: ________ _ David A. Genova Interim General Manager & CEO APPROVED AS TO LEGAL FORM for RTD: By: ________ _ Jenifer Ross-Amato Associate General Counsel • • • • • • REVISED EXHIBIT B , DESCRIPTION OF THE RTD FUNDING Expenses-January 2016 -December 2016 art operating hours expense-6144 hours@ 43.43 per hour art fuel expenses Total Expenses $ 266,834 $ 48,519 $ 315,353 Estimated Farebox Revenue-January 2016-December 2016 Estimated Farebox Revenue* $ 79,531 * Because the City offers the art as a fare-free service, Estimated Farebox Revenue is based upon a survey performed in October 2015 by RTD that determined the average fare that would have been collected had the City charged RTD's local fare for the art service, and using the Operating Parameters set out in Exhibit A. RTD Funding* $315,353 (Expenses) $ 79,531 (Estimated Farebox Revenue) RTD Funding $235,822 *The RTD Funding is calculated as the Net Cost of operating the art service up to the amount set out above. Net Cost is calculated as Expenses (all operating costs for the art including fuel but not administrative costs) less Estimated Farebox Revenue . Page 3of3 • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 16, 2016 11ci Motion to approve Logistic Systems Service, License and Maintenance Agreement Initiated By: Staff Source: Police Department Commander Tim Englert COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council previously approved a contract with Logistic Systems , Inc., in December of 1997, to create the current Records Management System for the Police Department. Since then Logistic Systems, Inc., has billed the Police Department on a yearly basis for licensing, service and maintenance of the system . RECOMMENDED ACTION The Police Department is recommending that City Council approve, by motion , the 2016 Logistics Systems Service , License and Maintenance Agreement in the amount of $30,005 .00 for the Police Department Records Management System. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood Police Department has contracted with Logistic Systems for its Records Management System (RMS) since December of 1997 . Our Records Management System stores departmental reports, is linked to multiple other software systems and provides legally required historical data and mandated reporting to the Federal Government. FINANCIAL IMPACT Maintenance of the system is a budgeted item for the Police Department. LIST OF ATTACHMENTS Logistic Systems invoice #022433 • LOGISTIC SYSTEMS, INC. 3000 PALMER ST MISSOULA, MT 59808 Sold ENGLEWOOD (CITY OF) To: ATTN: GLENDA BIRD 3615 S ELATI ST ENGLEWOOD, CO 80110-2304 Ship Via.: Ship Date: 01/11/16 Due Date.: 01/11/16 Terms .... : RECEIPT Item I. D. /Desc. Ordered LOGISYS RECORD MANAGEMENT SOFTWARE DATAWORKS PLUS INTERFACE • (64) DB2 WORKGROUP EDITION 2016 LICENSE AND MAINTENANCE FEES 0.50% CPI ADJ *************** * * * I N V 0 I C E * * * *************** Document Number: 022433 Document Date: 01/11/16 Page: 1 Ship ENGLEWOOD (CITY OF) To: ATTN: GLENDA BIRD 3615 S ELATI ST ENGLEWOOD, CO 80110-2304 Shipped Cust I.D ..... : ENGLEW P. o. Number .. : P.O. Date .... : 01/11/16 Job/Order No.: Salesperson .. : Unit Price Net 26113.00 1862.00 2030.00 0.00 Send billing error notice within {60) days of inv date to asteele@logisys911.com, Subtotal: Tax ..... : 30005.00 0.00 30005.00 (406) 728-0921, x-3123. Service charges at 12% annually accrue on past due accounts . • Total ... : I I I •' • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: Purchase of a Chevrolet Silverado 2500 11cii for the Parks Department February 16 , 2016 Initiated By: Staff Source: Pat White, Fleet Manager Public Works Department Dave Lee, Open Space Manager PREVIOUS COUNCIL ACTION Council previously approved the purchase of a Ford F-250 pickup truck for the Parks Department in 2008 . RECOMMENDED ACTION Staff recommends that Council approve , by motion, the purchase of a 2016 Chevrolet Silverado 2500 pickup truck. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This unit will replace a 2008 Ford F-250 that has met the minimum replacement requirements of years of service, mileage , and maintenance dollars expended . This heavy duty truck is needed to pull a large equipment trailer during the summer and to plow snow during the winter months. The new unit will be a Chevrolet Silverado 2500 with the following options included: extended cab , all terrain tires, electric trailer brake, receiver hitch , snow plow prep package, gooseneck hitch, bed liner and snow plow. The 2500 model is required for the snow plow. There is no hybrid option for this vehicle . This is a flex fuel vehicle capable of operating on both E-85 and unleaded fuel. FINANCIAL IMPACT The total cost of the unit including options is $32 ,805. Funding for the purchase is available through the Capital Equipment Replacement Fund (CERF) and the purchase has been approved in the 2016 Budget. The unit is being purchased through the Colorado State Fleet Management Bid per the City 's purchasing guidelines . LIST OF ATTACHMENTS Summary Specification Sheet for New Vehicles Vehicle Quote Worksheet Colorado State Fleet Management Vehicle Specifications • • • SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES STATE AWARD# 201600000000137 ENGLEWOOD BID# MANUFACTURER OF VEHICLE Chevrolet MODEL OF VEHICLE Silverado 2500 AIR CONDITIONING YES NO AUTOMATIC TRANSMISSION YES NO POWER WINDOWS YES NO POWER DOOR LOCKS YES NO 4 WHEEL DRIVE YES NO FLEX FUEL OPTION YES NO CERF REPLACEMENT YES NO NEW ADDITION TO FLEET YES NO DEPARTMENT VEHICLE ASSIGNED TO 021305 Parks and Recreation COMMENTS: This unit will reolace Unit 5243, a 2008 Ford F-250. which has met the minimum replacement requirements of years of service, mileage. and maintenance dollars expended. The new unit will be a Chevrolet Silverado 2500 with a base price of $24.569.00. The following options will be included: Extended cab=$2,3 l 7. All terrain tires=$200.0Q, Electric Trailer Brake control=$230.00. Receiver Hitch=$280.00. Snow Plow Prep Package=$450.00. Gooseneck Hitch;;;;$684. Spray in bed liner-$450. and Snow Plow Package CMeyer Standard 7 Y2 foot blade)=$3,625. The total cost with options for this unit is $32.805.00. · Prepared By: administrator Mark McMunn John Elway Dealerships Director of Fleet, Phone: (719) 866-1134 Fax: (719) 634 -1058 Email : mmcmunn@elwaydealers.net 2016 Fleet/Non-Retail Chevrolet Silverado 2500HD 4WD Double Cab 158.1" C~UOTE WORKSHEET ClUOTE WORKSHEET -2016 Fleet/Non-Retail CK25953 4WD Double Cab 158.1" Work Truck --------------------------------------~ MSRP Destination Charge Optional Equipment Dealer Advertising Accessories STATE OF COLORADO AWARD 201600000137 SNOW PLOW LINE438 GOOSENECK LINE 462 Total Accessories Taxable Price TOTAL Customer Signature I Date ($12,619.00) $3,625.00 $684 .00 Dealer Signature I Date $38,285 .00 $1,195 .00 $1 ,635 .00 $0.00 ($8,310.00) $32,805 .00 $32,805.00 Report content is based on current data version referenced . Any performance-related calculations are offered solely as ,guidelines . Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version : 422 .0, Data updated 1/19/2016 © Copyright 1986-2012 Chrome Data Solutions, LP . All rights reserved. Customer File : January 25, 2016 11 :38:54 AM Page 1 • • • • • • I Prepared By: administrator Mark McMunn John Elway Dealerships Director of Fleet. Phone: (719) 866-1134 Fax : (719) 63+1058 Email: mmcmunn@elwaydealers.net 2016 Fleet/Non-Retail Chevrolet Silverado 2500HD 4WD Double Cab 158.1" WINDOW STICKER 2016 Chevrolet Silverado 2500HD 4WD Double Cab 158.1" Work True Interior: -Dark Ash with Jet Black Interior Ace 6.0U364 CID Gas/Ethanol V8 • 6-Speed Automatic CODE MODEL Exterior 1: -Summit White Exterior 2: -No color has been selected. MSRP CK25953 2016 Chevrolet Silverado 2500HD 4WD Double Cab 158.1" Work Truck $38,285.00 . OPTIONS : E63 PICKUP BOX i $0.00 ! Z85 SUSPENSION PACKAGE, STANDARD $0.00 FE9 EMISSIONS, FEDERAL REQUIREMENTS $0.00 L96 ENGINE, VORTEC 6.0L VARIABLE VALVE TIMING va SFI, E85-COMPATIBLE, F $0.00 MYD TRANSMISSION, 6-SPEED AUTOMATIC, HEAVY-DUTY, ELECTRONICALLY CO $0.00 GEH GVWR, 9500 LBS. (4309 KG) $0.00 GTS REAR AXLE, 4.10 RA TIO $0.00 1WT WORK TRUCK PREFERRED EQUIPMENT GROUP $0.00 PYN WHEELS, 1r (43 .2 CM) STEEL $0.00 QXT TIRES, LT265/70R17E ALL-TERRAIN, BLACKWALL $200.00 ZY1 PAINT, SOLID $0.00 GAZ SUMMIT WHITE so.oo I AE7 SEATS, FRONT 40/20/40 SPLIT-BENCH, 3-PASSENGER, DRIVER AND FRONT $0.00 , H2R DARK ASH WITH JET BLACK INTERIOR ACCENTS , CLOTH SEAT TRIM $0.00 103 AUDIO SYSTEM, 4.2" DIAGONAL COLOR DISPLAY, AM/FM STEREO $0.00 i vvu I SNOW PLOW PREP PACKAGE $385.00 KW5 AL TERNA TOR, 220 AMPS INC JL1 TRAILER BRAKE CONTROLLER, INTEGRATED $275 .00 , Z82 TRAILERING EQUIPMENT $280.00 ! NZZ UNOERBODY SHIELD, FRAME-MOUNTED SHIELDS INC Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 422.0, Data updated 1119/2016 ©Copyright 1986-2012 Chrome Data Solutions, LP. All rights reserved. Customer File: January 25, 201611 :38 :54 AM Page 2 Prepared By: administrator Mark McMunn John Elway Dealerships Director of Fleet, Phone: (719) 866-1134 Fax: (719) 634-1058 Email : mmcmunn@elwaydealers.net 2016 Fleet/Non-Retail Chevrolet Silverado 2500HD 4WD Double Cab 158.1" lNINDOW STICKER j TRW :CGN PROVISION FOR CAB ROOF-MOUNTED LAMP/BEACON BED LINER , SPRAY-ON INC I $495.00 i $39,920.00 I SUBTOTAL Advert/Adjustments Destination Charge TOTAL PRICE $0.00 j $1,195.00 $41,115.00 Est City: mpg Est Highway: mpg Est Highway Cruising Range: mi Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines . Actual unit performance will depend on your operating conditions. GM AutoBook , Data Version: 422.0, Data updated 1/1912016 © Copyright 1986-2012 Chrome Data Solutions, LP. All rights reserved. Customer File: January 25, 2016 11 :38 :54 AM Page 3 I • • • • ClaSI· PIU • 41144 Representative Madllls: 1: FORD 3; RAM Colorlda Slate Fleet lbnlgem1nt 2011 VEHICLE SPECIPICATIONS D11l1ra lnvlt.Uon to Bid Bpdy Codi; fl 3(1 !AXA TRUCK F250PU 2500 PU 2: CHEVROLET 2500 PU 4: OMC 2500 PU Pep1 or1 ORIGINAL' MAKE: CHEVY MODEL: SILVERADO OEM MODEL#: CK25903 ------TRIM L!Vl!L: _WT ___ OEM CODE: --- STANOARC SPECIFICATIONS: 101 PASS: 3 PERSONS MIN. -110 DOCRS: 2 SIDE DOORS - 121 LONOBED - 140 TIRES: AU. SEAS M&S RADIAL - 148 FULL S1ZE SPARE TIRE -183 WHEELBASE: 131.01N. MIN -197 ENG MIN CVL: 8 -228 FUEL TANK: 30 GAL MIN -238 GVW RATING: 8500 MIN -300 AIR CONDmONING • R1341 -302 RADIO: AM/PM -• 307 POWER BRAKES & POWER STEERING -308 ABS BRAKES -310 SEATS: CLOTH SEATS - 321 FLOORING: AUBBEA - 340 AIR BAG • DRIVER SIDE - 350 STD ENG: SPECIFY - 100 NIRRORS: RIGHT AND LEFT - 401 INTERMITTI:NT WIPERS -110 TRANSMISSION:AUTOMATIC - 115 FOUR·WHEEL DRIVE - 118 AUTOMATIC LOCKING FRONT HUBS -458 STEP BMPR-400#TONGUE,4000#TRLR -752 AXLE RATIO: SPECIFY -910 PRIMARY FUEL: UNLEADED -991 STD WRNTY ·BUMPER TO BUMPER 3138 - AVAILABLE OPTIONS: • I Oll7 CA.EWCAB(4DOORSl,SPECFYCA 098 EXT CAB LONG BED 3 OR 4 DOOR OEM CODE INDICATE ACTUAL DEALER SPECIFICATIONS STANO ARD ARD STAND ARO STAND STAND ARD STAND ARO 133.6 STAND ARD 36 9500 STAND ARD STANO ARD STAND ARD STAND ARD STAND ARD STAND ARD STAND ARD L96 6.0 VB STAND ARD STAND ARD STAND ARO STAND ARP STANO ARD STAND ARD GT5 4.10 STAND ARD STAND ARO OEM CODEACTUAL/ COMMENTS CK25943 55.6" $3,191 CK25953 CK25743 41.26" PRIC! 3009 2317 Colorado State Flttl Man1p1111nt 2011 VEHICL.E SPECIFICATIONS Dealtni lnvltallan la Bid Pqe2af4 Blll2015 Class: P/U • 4x4 Reptesenl111Ye Models: 1: FORD 3: RAM Body Code; f} F250PU 314 I 4lS4 TRUCK 2: CHEVROLET 2500 PU 2500PU 4: GMC 2500 PU MAKli: CHEVY MODEL: SILVERADO OEM MODEL#: CK25903 ------TRIM LEVEL: _wr __ OEM CODE: --- AVAIL.ABLE OPTIONS: 0911 EXT CAB SHORT BED 3 OR 4 DOOR --122 SHORT BED --13:1 BACK UPALARM --13•1 SIDE AIR BAGS --1'4 1 TIRES:ALL·TERRAIN, UST SIZE: --14:1 TIRES: OPTJON#1, UST SIZE: --15;! SPILT BENCH 40/20/411 FULL CONSOLE --21 H NON·STD ENGINE OPTION A: --217 ENG OPTION: DIESEL --211l NON-STD ENGINE OPTION B: -- 22!1 HEAVY DUTY SUSPENSION SPECIFY TY?E: -- 23!1 GWi OPTION: SPECIFY -- 24•1 AXLE RATIO (MIN.) 4.10 -- 24tl AXLE RATIO OPTION: SPECIFY -- 252 CNG PREP PACl<AGe -- 25•1 ALT RJEL· OEM Bl FUEL SPEOFY TANK LOC -- 25lS ALT FUEL· OEM DEDICATED SPEC TANK LOC --25tS E85 ·OEM Bl FUEL -- 2S:Z DARKEST LEGAL TINT AVAIL --2611 CUSTOM CLOTH SEAT W/CNTR CNSOLE STRG --28<4 REMOTE Kl!YLESS ENTRY -- 2915 CRUISE CONTROLITILT -- 31'1 SEATS: VINYL SEATS --312 SEATS: BUCKET SEATS· Q.OTH --401 MRRS:RECICMPR FOR TWNG (Tx9") --401 REARAXLE·ANTISPIN ,____ 41 ·1 TRANSMISSION: MANUAL W/OVERDRV -- 420 BEDUNER·FUU. MOLDED+ TAILGATE -- 423 TOOL BOX· ACROSS BED BOX(atlachment) -- 424 TOOL BOX. SIDE aeo BOX(atlachmenl) --429 TRAILER BRAKE CONTROL-ELECTRIC --430 PCl<G:TOWlNGIRCVR HITCH(Alchml) -- 432 TOW HOOKS -- 4311 HEAVY DUTY COOLING -- 438 PACl<AGE:SNOW PLOW (allchml) -- OEM CODEACTUAL/ COMMENTS PRICE CK257 53 2137 NOTA VAILABLE 8$3 138 --------------------------STAN DARO OXT 265/70R17E 200 QGM 265/70R18E REQUIRES 18" WHEELS $295 200 AZ.3 415 -------------------------VAILABLE NOTA LML DURAMAX 7487 -------------------------------VA I LAB LE NOTA STAN C4M STAN GT4 OARD 9900# REQUIRES 217 DARO 3.73 NOTA VAlbABLE LCB IN BED 8575 ..................... ___________________ __ VAILABLE NOTA STAN OARD AKO ON BASE ONLY CALL FOR OTHER CABS 100 -----------------------AZ.3 415 -------------------------PCR 610 ------------------------STAN DARO HTQ VAILABLE NOTA OPN POWER REQUIRES 284 $350 OARD DF2 _7_0_ STAN VAILABLE NQTA V'Z:J.. 395 3§0 390 JL1 230 280 STAN OARD STAN OARD 3625 • • • • • • ClllS; P/U • 4x4 RapruenlllllY• Modell· 1: FORO 3:RAM Color.do Sbda F1111t llanaganuml 20115 V!HICLE SPECFICATIONS Dtaltrs Invitation lo Bid Bgdy Codt; fl F2SOPU 31• I 4M !BUCK 2. CHEVROl.ET 2500 PU 2500 PU 4: GMC 2500 PU 111121115 MAKI!: _c_H_E_vv __ MODEL: _s_JL_V_E_RA_o_o __ OEM MODEL#: CK25903 TRIM LEVEL: WT OEM CODE: ---------- AVAILABLE OPTIONS: 439 OEM SNOW PLOW PREP -~ PACKAGE:OFF ROAD (Alladlm111I) 443 PKG: STROBE LIGHT (Al1achm1nl) -444 ENGINEBl.OCKHEATER -450 SKID PLATE·FUEL TNK,TRFR CS/DI - 454 AWOL.ARY BAnERY - ~ GOOSENECK HITCH (allchmt) 488 SPRAY IN BEDLINER - ~ EPACT AFV CREDfr. Specif\/ 518 LEFT DOOR POST SPOTUGHT (ISOW) -520 POW!R LOCKS -521 HEAVY DUTY ALTERNATOR -528 POWER MIRRORS -530 POWl!R WINDOWS -541 DELETI! DAYTIM!IAUTO HEADLIGHTS -599 AM/FM CD PLAYER -ll08 HYBRID GAS/ELECTRIC -820 UPPER TRIM LEVEL PKG: SPECIFY -843 ADD DAYTIME RUNNING LIGHTS - IS93 MEETS 2010 FED EMISSIONS DIESS. ENG -894 DIESEL !NG 820 COMPIJNfT -,_!!!_ PHEV (PLUG IN HYBRID ELEC V!H) 780 UPFITTER SWITCHES -841 ALT FUEUGAS SWITCH -1182 EXT WAJUW(fY •POWER TRAIN 51100,000 - OEM CODEACTIJALI COMMENTS PRICE VYU 450 -------------------------------625 360 ~----~-------------------------- KQS --------~--------~--~----~ 90 NZZ K4B NOT AVAILABLE 217,254 NOTA VAILABLE STAN DARO KW5 PCR INCLUDES 530 PCR INCLUDES 526 DEALE R TG5 REQUIRES 104 RADIO $150 NOTA VAILABLE LT STAN DARO INCLU OED REQUI RES 217 ~!At! DARO 9L7 INCLU OED WITH 254 STAN OARD 150 135 684 450 450 150 610 610 200 50 3413 125 Colorado Stall Finl M11111111m1nt 2015 VEHICLE SPECIFICATIONS Dealers lnvltaUon lo Bid Class: F'/U • 4x4 Representallva Madels: 1: FORD 3:RAM Body Codi; fl F250PU 2500PU 3/4 !1)(4 TRUCK 2: CHEVROLET 25DO PU 4: GMC 2500PU MAKI!: • CHEVY MODl!l.: SILVERADO OEM MODEL#: CK25903 TRIM LEVEL: WT AVAii.MiLE COLORS: Please attach marUacl&nl' calor chart OTHEFI VEHICLE SPECIFICATIONS I OPTIONS (Please attach separ.al1 lha1t If necesgy) STANCIARD FACTORY WARRANTY (Attach delaRed descrtpllon): MILES Bump• lo Bimper _.3,..6..,K __ _ Drive Train 100K Other OPTICINAL FACTORY WARRANTY (Attach delaffed deaClfpllcn)' MONTHS 36 60 Mil.ES MONTHS PRICE SEVERAL AVAILABLE CALL FOR DETAILS EPA FUEL RATING: _.._N.._A..._ __ M.P.G CllY. -'-'N:;.;A.__ ___ M.P.G HIGHWAY OEM MINIMUM FUEL RATED OCTANE:-.· ____ as _________ _ DEU\l!RY: APROX 60 DAYS FROM DEALER RECEIPT OF ORDER FROM STATE (E.G. llO DAYSI IOEN'rIFY ANY EXCEPTIONS TO SPECIFICATIONS: P11114 af 4 81112015 OEM CODE: --- PRICE DEAi.ER NAME; JOHN ELWAY CHEVROLET BIDDER'S NAME MARK MCMUNN SIGNATURE ::==~====='n1===~======= ------------------------ DEA\. ER PHON!: __ 7_1_9_.8_6_6._11_3_4 _______ __ • • • • • • Page 3 af52 Colorado State Purchasing Office (per SFM) LIST AND EXPLANATIONS OF VEHICLE PACKAGES FOR THE 2016 MODEL YEAR FLEET VEHICLE PROPOSALS #423 ·PACKAGE: TOOLBOX· ACROSS BED BOX Attach one copy of this fonn to each body code specification sheet that has an Available Option #423 including the following body codes: E1,E2,E3,E4,E8,F1,F2,F3,F4,F6,F8 An installed TOOLBOX ·ACROSS BED BOX PACKAGE should include the following: • Delta brand or equivalent • Either a gull-wing, double lid or chest-style, full-hinged, single lid crossover toolbox • Painted white with all steel construction • Torsion bar lift on lid(s) • Removable tray • Weather stripping around lid(s) • A lock on each lid with key • Price to include complete Installation. Total Price for TOOL BOX • ACROSS BED BOX PACKAGE: • A gull-wing, double lid, tool box: $I 360 • a chest-style, full-hinged, single lid crossover toolbox: $ l.___4_23 ___ ___. For Body Code: Colorado State Purchasing Office (par SFM) LIST AND EXPLANATIONS OF VEHICLE PACKAGES FOR THE 2016 MODEL YEAR FLEET VEHICLE PROPOSALS Page4af 52 #424 -PACKAGE: TOOL BOX· SIDE BED Attach one copy of this form to each body code specification sheet that has an Available Option #424 including the following body codes: E1,E2,E3,E4,E8,F1,F2,F3,F4,F6,F8 An installed TOOLBOX • SIDE BED PACKAGE should include the following: • Delta brand or equivalent • A quantity of one, side-bed, wheel-well, utility, tool box • Toolbox must rest Inside, on the floor of the pickup bed and fit over the wheel well. • Extending length of pickup bed • Painted white with all steel construction • A lock on the lid with key • Removable tray • Weather stripping around lid • Price to include complete Installation, rearward of an optional across bed box. Total Price for 48" TOOLBOX -SIDE BED PACKAGE: Total Price for 60" TOOLBOX ·SIDE BED PACKAGE: For Body r-:z. Code: f" .;7 $I 390 s I 420 • • • • • • Colorado State Purchasing Office (per SFM) LIST AND EXPLANATIONS OF VEHICLE PACKAGES FOR THE 2016 MODEL YEAR FLEET VEHICLE PROPOSALS Page 50(52 #430 -PACKAGE: OEM TOWING OPTION Attach one copy of this form to each body code specification sheet that has an Available Option #430 Including the following body codes: C2,C3,C4, D1,02,03,05,D8,E2,E3,E4,E8,F2,F3,F4,F6,F8,G3,H3,K1,K21 K3,K5, K6,T1, T4,T5 An installed OEM TOWING OPTION PACKAGE should include the following: • Frame mounted receiver hitch with a class 3 (class 4 for T1, T 4, TS) rating that accepts a 2" square receiver • Heavy duty engine cooling • Transmission cooling (automatic only) • Trailer wiring harness • HD tum signal flasher • Handling package (describe:--------------- • HD battery and Alternator . • Price to Include complete installation. • All items to be covered at a minimum by the 3 year 36,000 mile factory warranty Please list additions and/or deletions to your company's OEM TOWING OPTION package from the above listed specs: Total Price for OEM TOWING PACKAGE: ! For Body ~? Code: './ Total Price forT1 -OEM TOWING PACKAGE: s l._ ___ 2_ao _____ _, $1..__ __ ___, Colorado State Purchasing Office (per SFM) LIST AND EXPLANATIONS OF VEHICLE PACKAGES FOR THE 2016 MODEL YEAR FLEET VEHICLE PROPOSALS Page6of52 #438 ·PACKAGE: SNOW PLOW Attach one copy of this form to each body code specification sheet that has an Available Option #438 including the following body codes; F3,F4,H3,T1,T4,T5 An installed snow plow package should include the following: • Meyer Standard Series Snowplow model #ST 7.5 or equivalent (71/2 foot blade). • To be installed on a full size, 4WD pickup (Ford, Chevy or Dodge) with a minimum GVW rating of 8500 lbs • The plow mounting kit used must be specifically designed for use on this vehicle. • Must have dual batteries with isolator as a power source for the plow. • Either an all-steel moldboard or a polymer moldboard with a high carbon steel cutting edge blade. • Quick disconnect of front-end hardware, lights, and hydraulic unit. • Hydraulic powered lift with electric, solenoid operated controls inside the cab that will allow the plow to be angled from side to side and lifted up and down. • Additional headlights and dlrectlonal lights above the plow. Must be a vibration free Installation connecting to either the bumper or the plow hitch. • Price to Include complete installation. • Audible back up alarm (light bulb type acceptable) • Includes standard factory warranty of at least one year partsnabor Specify how normal use of snow plow will not cause vehicle air bag to be engaged; Please list additions and/or deletions to your company's SNOW PLOW PACKAGE from the above listed specs: Total Price for SNOW PLOW package with all steel moldboard: Total Price for SNOW PLOW package with polymer moldboard: For Body Code: f J $ ._I __ 3_e2_s __ ____.. $ ..... I __ 3_a1_s ___ _, • • • • • • Colorado State Purchasing Office (per SFM) LIST AND EXPLANATIONS OF VEHICLE PACKAGES FOR THE 2016 MODEL YEAR FLEET VEHICLE PROPOSALS Page7of52 #440 • PACKAGE: OEM OFF ROAD Attach one copy of this form to each body code specification sheet that has an Available Option #440 including the following body code: F1,F2,F3,F4,,F6,F8,K1,K2,K3,K5,K6,T1, T4,T5 An installed OEM OFF ROAD package should include the following: • High pressure front and rear gas shocks • H/D springs • Mud and snow radial tires "LT" rated. Specify tire size: 265/70R17E ALL TERRAIN • Skid plate group. Specify types: __ N_zz ______ _ • Front and rear tow hooks • Limited Slip Rear Axle -Specify Ratio __ Ge_o ______ _ • All items to be covered at a minimum by the 3 year 36,000 mlle factory warranty Please list additions and/or deletions to your company's OEM OFF ROAD PACKAGE from the above listed specs: 9G3 Z71 OFF ROAD SUSPENSION (FACTORY) Total Price for the OEM OFF ROAD package: For Body 1:1 Code: r7 s I s2s Colorado State Purchasing Office (per SFM) LIST ANO EXPLANATIONS OF VEHICLE PACKAGES FOR THE 2016 MODEL YEAR FLEET VEHICLE PROPOSALS Page 8of52 #443 ·STROBE LIGHT Attach one copy of this form to each body code specification sheet that has an Available Option #443 including the following body codes: All C's, D's, E's, F's, G's, H's & K's, P4, PE The STROBE LIGHT PACKAGE must include the following: • Roof mount of strobe on truck, van or sport utility vehicle • Dual flash strobe with amber shield • Class 2 light, SAE spec: J1318 or OFS750-A North American Signal spec or equivalent. • Minimum: 15 joules • Minimum of 60 double flashes per minute • Base must be aluminum, not plastic. • Switch in cab • Height between 31/2 inches to 6 Inches, measured to top of light housing • Warranty: 1-year parts and labor • Complete Installation with locations as follows: • • Location for strobe light on pjckups: • • On the roof of the pickup cab • The light must be centered between the front of the roof and the rear of the roof. • The light must be also centered from one side to the other side of the roof. • Location for strobe light on vans and sport utilities: • On the roof of the van or sport utility • The light must be centered from one side to the other side of the roof • The light must also be two feet from the rear of the roof. List the make and model of strobe that Is bid: Make ___ w_H_E_L_EN ________ Model ___ L_1o_H_A_P _______ _ List any additions and/or deletions of your bid from the STROBE LIGHT PACKAGE specs listed above: Total Price for STROBE LIGHT PACKAGE: For Body Code: $1360 • • • • Page 9of52 Colorado State Purchasing Office (par SFM) UST AND EXPLANATIONS OF VEHICLE PACKAGES FOR THE 2016 MODEL YEAR FLEET VEHICLE PROPOSALS #462-GOOSENECK TRAILER HITCH Attach one copy of this fonn to each body code specification sheet that has an Available Option #462 including the followlng body codes: E3,E4,EB,F3,F4,F8, T1, T4,T5 The GOOSENECK TRAILER PACKAGE must include the following: ONE 5TH WHEEL HITCH WITH FOLDING BALL (2 5/16n) MOUNTED IN BED • Must be retractable ball mount that allows for a clear and smooth pickup bed when not In use • Capacity: 5000 lbs maximum vertical load • 25,000 max gross trailer weight • Weld two Yznsteel cross plates (approx. 39n by 4•) under the pickup floor and bolt the 5th wheel hitch to these cross pieces • Weld two more Yz• steel plates (approx. 3" by 1 O") at right angles under the tow cross plates and bolt these pieces to the frame • Trailer wiring harness -7 way • HD tum signal flasher • Handling package (describe:. ______________ _ • HD battery • Price to Include complete installation. • All items to be covered at a minimum by the 3 year 36,000 mile factory warranty Please list additions and/or deletions to your company's Gooseneck trailer package from the above listed specs: Total Price for OEM TOWING PACKAGE: s l.___6_84 __ __, For Body Code: • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: Purchase of 2 John Deere 11 ciii Mowers for Parks Department February 16, 2016 Initiated By: Staff Source: Pat White, Fleet Manager Public Works Department Dave Lee, Open Space Manager PREVIOUS COUNCIL ACTION Council previously approved the purchase of two Kubota F3680 mowers for the Parks Department in 2007 . RECOMMENDED ACTION Staff recommends that Council approve, by motion, the purchase of two John Deere 1580 Terrain Cut mowers with a 72 inch deck. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Two 2007 Kubota F3680 mowing units are being replaced and have met the criteria for replacement regarding years of service, maintenance dollars expended and hours of use. Both mowers are used for trimming around trees and other park structures. This saves time and lessens the likelihood of damage to trees and structures potentially caused by the large 16 foot width park mower getting too close to these objects. The new John Deere mowers will be equipped with 72 inch mower decks. One mower will have a side discharge and one will be rear discharge. There are no hybrid or alternative fuel options for this size of mower. FINANCIAL IMPACT The total cost for the two mowing units will be $56,730 .89. The funds are available through the Capital Equipment Replacement Fund (CERF) and the purchase has been approved in the 2016 Budget. The mowers are being purchased through the National Purchasing Partners Lawn and Landscape Agreement per the City's purchasing guidelines. LIST OF ATTACHMENTS Summary Specification Sheet for New Vehicles John Deere Equipment Quote Summary John Deere Equipment Pricing Detail Sheets • • • SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES AWARD# National Purchasing Partners CNPP) Lawn & Landscape Equipment ENGLEWOOD BID# MANUFACTURER OF VEHICLE John Deere MODEL OF VEHICLE 1580 TerrainCut mower with 72" Deck AIR CONDITIONING YES NO AUTOMATIC TRANSMISSION YES NO POWER WINDOWS YES NO POWER DOOR LOCKS YES NO 4 WHEEL DRIVE YES NO FLEX FUEL OPTION YES NO CERF REPLACEMENT YES NO NEW ADDITION TO FLEET YES NO DEPARTMENT VEHICLE ASSIGNED TO 021305 COMMENTS: Two units are being replaced. Unit 5240 and 5241. 2007 Kubota F3680 mowers. The units have met the minimum requirements of years of service, maintenance dollars expended. and hours of use. The new units will be equipped with 72" mower decks. one a rear discharge and one a side discharge. The total cost for the two units is $56.730.89. The funds are available through the Capital Equipment Replacement Fund (CERF} and the purchase was approved in the 2016 budget. e JOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60 -7690989 Prepared For: City Of Englewood Englewood Public Works 2800 S Platte River Dr Englewood, CO 80110 Equipment Summary JOHN DEERE 1580 TerrainCut Commercial Front Mower (Less Mower Deck) POTESTIO BROTHERS EQUIPMENT, INC . ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Potestio Brothers Equipment 19020 Longs Way Parker, CO 80134 303-841 ~2299 parker@pbequip.com Quote Summary Delivering Dealer: Potestio Brothers Equipment John Alcamo 19020 Longs Way Parker, CO 80134 Phone: 303-841-2299 Mobile: 720-320-8998 johna@pbequip.com Quote ID: Created On: Last Modified On: 12395423 11 November 2015 21 January 2016 Expiration Date: 30 December 2015 Selling Price Qty Extended $49,238.42 $ 24 ,619.21 x 2 = Contract: National Purchasing Partners (NPP) Lawn & Landscape Equipment Price Effective Date: November 11, 2015 JOHN DEERE MOWER DECK 72"RD 1500 FM NA $ 3,806.48 x Contract: National Purchasing Partners (NPP) Lawn & Landscape Equipment Price Effective Date: November 11, 2015 JOHN DEERE 72SD DECK (DOM) FRONT MOWER $ 3,685 .99 x Contract: National Purchasing Partners (NPP) Lawn & Landscape Equipment Price Effective Date: January 15, 2016 Equipment Total * Includes Fees and Non-contract items Quote Summary Equipment Total Trade In Sub Total Total Down Payment Rental Applied Balance Due 1 = 1 = $ 3,806.48 $ 3,685.99 $ 56,730.89 $ 56,730 .89 $ 56,730.89 $ 56,730 .89 (0.00) (0 .00) $ 56,730.89 Salesperson: X -----Accepted By: X ----- Confident/al • • • • • • .JOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID : 36-2382580 ; DUNS#: 60-7690989 Salesperson : X ----- POTESTIO BROTHERS EQUIPMENT, INC. ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Potestio Brothers Equipment 19020 Longs Way Parker, CO 80134 303-841-2299 parker@pbequip .com Confidential Accepted By : X ____ _ m JOHN DEERE Selling Equipment POTESTIO BROTHERS EQUIPMENT ; INC, Quote Id: 12395423 Customer Name: CITY OF ENGLEWOOD ENGLEWOOD PUBLIC WORKS ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Potestio Brothers Equipment 19020 Longs Way Parker, CO 80134 303-841-2299 parker@pbequip.com JOHN DEERE 1580 TerrainCut Commercial Front Mower (Less Mower Deck) Hours: Stock Number: ontract: National Purchasing Partners (NPP) Lawn & Landscape Equipment Price Effective Date: November 11, 2015 Selling Price* $ 24,619 .21 * Price per item -includes Fees and Non-contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 2451TC 1580 TerralnCut 2 $ 31,231.00 23.00 $ 7, 183.13 $ 24,047.87 $ 48,095 .74 R66949 Q~ik-Tatch Weight. 42 Lb. 8 $ 59.91 23 .00 $ 13. 78 $ 46.13 $ 369.05 TCB10303 RE18r Weight Mounting Kit 2 $ 112.36 23.00 $ 25 .84 $ 86.52 $173.03 oe,aler Attachments Total $172.27 $ 39.62 $132.65 $ 542.08 :·;~:JI~S~f\r~~ p:~w:~1f~~~ :~:~~~,~~1~f'}t.~~J~;~i-;:~tr;{~I~~~~ i~;.riitli~f~f~~i;~~~~h~~~1~~~~Itn.~:.i~!~1(~~~;~.~. t~'tr~-~=·.-~ ... ~.~ .. _ ~--l~ I JOHN DEERE MOWER DECK 72"RD 1500 FM NA Equipment Notes: Hours: Stock Number: Contract: National Purchasing Partners (NPP) Lawn & Landscape Equipment Price Effective Date: November 11, 2015 Selling Price * $ 3,806.48 * Price per item -includes Fees and Non-contract items Confidential • • • • • • JOHN DEERE Selling Equipment POTESTIO BROTHERS EQUIPMENT , INC. Quote Id: 12395423 Customer Name: CITY OF ENGLEWOOD ENGLEWOOD PUBLIC WORKS ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 Code Description Qty ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Potestio Brothers Equipment 19020 Longs Way Parker, CO 80134 303-841-2299 parker@pbequip .com List Price Discount% Discount Amount Contract Price 0553TC 72 In . Fastback Commercial 1 $ 4,799 .00 Rear Discharge Deck (For 23.00 $ 1,103.77 $ 3,695.23 1500 TerrainCut Front Mowers and 1400/1 SOO's Series II and Non Serles II Front Mowers) ""~j.j:'!f~i~~i~~~~~§rii\*1~$~~~1ff\i:i!!alt~!m l()P,tl~ni f1;1Per\UnltY:fi//t41:,i.~~~~,,~i .· 5.•·· ·~1~. , Extended Contract Price $ 3,695.23 001A United States and Canada 1 $ 0.00 23 .00 $ 0.00 $ 0.00 $ 0.00 Standard Options Total $ 0.00 $ 0.00 $ 0.00 $ 0.00 ""-~·f'.:·.;."'.:.?~~~"'~"°''1'"'"lf'~·~·1 0""""'1~Au:..=H~'N ....... 1"ntriF6'"'"""."'~. M. :....""''t .~!j~-~!~~ _ .,.~·,.:,:.1f;,;;,,r~~i}~;1,Pi;t~.i;'!i;!c:tw.~:;r~i> ea ar1.~C-'!1!"~. 9!!~pan 1 ar"a ~':r~O:f~,~~™ DMA2109 72 In. Deflector Kit 1 $144.48 23.00 $ 33.23 $111 .25 $111 .25 06 Dealer Attachments Total $144.48 $ 33.23 $111.25 $111.25 JOHN DEERE 72SD DECK (DOM) FRONT MOWER Equipment Notes: Hours: Stock Number: Contract: National Purchasing Partners (NPP) Lawn & Landscape Equipment Price Effective Date: January 15, 2016 Selling Price * $ 3,685.99 • Price per item -includes Fees and Non-contract items Confidential II JOHN DEERE Selling Equipment POTESTIO BROTHERS EQUIPMENT, INC . Quote Id: 12395423 Customer Name: CITY OF ENGLEWOOD ENGLEWOOD PUBLIC WORKS ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 All PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Potestio Brothers Equipment 19020 Longs Way Parker, CO 80134 303-841-2299 parker@pbequip .com Code Description Qty List Price Discount% Discount Contract Amount Price 0347TC 721n.7-lronPRO 1 $4,787.00 23.00 $1,101 .01 $3,685.99 Commercial Side Discharge Mower Deck (For 1500 TerrainCut Front Mowers and 1400/1500's Series II and non Series II Front Mowers) ,--'7'.:'.'·'"'e;,,yltt~"'!l'J'ft-:·'-"r?l;t:>?:~•;'."'4,.;.,,,~··t ,,,_, s...:·;;!aa"!:i.i :o.,...o··--· 'Pa·· r ·1•1n1t·iif>i.:";;;z,,,;,;,1ri-<-.. ·" ~lit.£"•.,, ... ,41; ........ i -': ... i~:·-·\;·~.:.~~t(.~::it.:;.?'~~~~J}~t·tf~:..:1"¥it.,~fj:;'l.1..S:.;::;0?;;J;)}r.?':1r·~~1 UlllU IU :_. ~~ .. ft9 •w • •J.U _ '~€'~·t,'r!.~;,1ft4~Lt -~"f.:l : . .»._ " 001A United States and Canada 1 $ 0.00 23.00 $ 0.00 $ 0.00 Standard Options Total $ o.oo $ 0.00 $ 0.00 Confidential Extended Contract Price $ 3,685.99 '· • • • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: February 16, 2016 11civ Purchase of a Chevrolet Silverado 2500 for the Utilities Department Initiated By: Staff Source: Utilities Dept. and Public Works Dept. Pat White, Fleet Manager -Public Works and Mitch Riley, Distr./Coll. Supt. - Utilities PREVIOUS COUNCIL ACTION Council previously approved the purchase of a Ford F-150 pickup truck for the Utilities Department in 2007. RECOMMENDED ACTION Staff recommends that Council approve, by motion, the purchase of a 2016 of a Chevrolet Silverado 2500 pickup truck. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This unit will replace a 2007 Ford F150 that has met the minimum replacement requirements of years of service, mileage, and maintenance dollars expended. This heavy duty truck is needed to locate water, storm water and sewer lines prior to digging or construction, per State of Colorado law. The new unit will be a Chevrolet Silverado 2500 is an extended cab, 4-wheel drive, with an extended cab and bed liner. This unit will be used for locating utility lines and allow maneuvering through construction sites and muddy main break areas. The truck is also used as an on-call truck to respond to after-hours emergencies. There is no hybrid option available for this unit. This unit is a flex-fuel unit that can use either E-85 or unleaded fuel. FINANCIAL IMPACT The total cost of the unit including options is $27,336. Funding for the purchase is available through the Capital Equipment Replacement Fund (CERF) and the purchase has been approved in the 2016 Budget. The unit is being purchased through the Colorado State Fleet Management Bid per the City's purchasing guidelines. The price concessions that were available through the State Award process, and also for fleet consistency, facilitated the change from a % ton to % ton pickup truck. Changes in departmental operation necessitate the change from a % ton to a % ton truck . LIST OF ATTACHMENTS Summary Specification Sheet for New Vehicles Vehicle Quote Worksheet • Colorado State Fleet Management Vehicle Specifications • • • SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES STATE AWARD# 201600000000137 ENGLEWOOD BID# MANUFACTURER OF VEHICLE Chevrolet MODEL OF VEHICLE Silverado 2500 AIR CONDITIONING YES AUTOMATIC TRANSMISSION YES POWER WINDOWS YES POWER DOOR LOCKS YES 4 WHEEL DRIVE YES FLEX FUEL OPTION YES CERF REPLACEMENT YES NEW ADDITION TO FLEET YES DEPARTMENT VEHICLE ASSIGNED TO 401604 Utilities NO NO NO NO NO NO NO NO COMMENTS: This unit will replace Unit 1426, a 2007 Ford F-150, that has met the minimum replacement requirements of years of service, mileage, and maintenance dollars expended. The new unit cost is $27,336 which includes the base price of the unit, extended cab, and bed liner. The funds are available through the CERF fund and the purchase was approved in the 2016 budget. Colorado State Flfft M8M;ement 201& VEHICLE SPECIFICATIONS D11l1ra lnvltlltlon to Bid Pagt 1 of4 Class · P/U • 4x4 Re1presenlallve Models: 1: FORD l : RAM Bocly Coclt; fl F25DPU 3(4T§MmUCK ORIGINAL" 2: CHEVROLET 2500 PU 250DPU 4 : GMC 2500 PU MAKE: CHEVY MODEL: SILVERADO OEM MODEL#: CK25903 -------mru LEVEL: _wr ___ OEM CODE: --- STANDARD SPECIFICATIONS: 0 1 PASS: 3 PERSONS MIN . - '10 DOORS : 2 SIDE DOORS - :~1 LONG BED - 10 TIRES: ALL SEAS M&S RADIAL - 1• le FULL SIZE SPARE TIRE - 11 13 WHEELBASE: 131 .0 IN. MIN - 11 17 ENG MIN CYL: 8 - 6 FUEL TANK: 30 GAL MIN - •18 GVVV RATING: 8500 MIN 22 2: 300 30 30 30 31 32 34 35 40 40 41 41 41 45 75 91 99 - AIR CONDITIONING• R134t - 2 RADIO: AMIFM - 7 POWER BRAKES & POWER STEERING - 8 ABSBRAKES - 0 SEATS: CLOTH SEATS - 1 FLOORING: RUBBER - 0 AIR BAG· DRIVER SIDE - 0 STD ENG: SPECIFY - D MIRRORS: RIGHT AND LEFT -4 INTERMITTENT WIPERS - D TRANSMISSION: AUTOMATIC - 5 FOUR·WHEEL DRIVE - 8 AllTOMATIC LOCKING FRONT HUBS - •15 STEP 8MPR-400#TONGUE,4000#TRLR - 2 AXLE RATIO: SPECIFY - ID PRIMARY FUEL: UNLEADED - 1 STD WRNTY • BUMPER TO BUMPER 3136 AVAILABLE OPTIONS: ~~CREW CAB (4 DOORS): SPECIFY CA ~a EXT CAB LONG BED 3 OR 4 DOOR OEM COOE INDICATE ACTUAL DEALER SPECIFICATIONS STANDARD ----------------------ST AND ARD ----------------------ST AND ARD ---------------------ST AND ARD ---------------------ST AND A~R~D.__ _________________________ __ 133.6 STANDARD ---------------------36 9500 STANDARD ------------------------ST AND ARD ----------------------ST AND A_R_D ________________________________ _ STANDARD -----------------------ST AND A_R~D ______________________ __ STANDARD -----------------------ST AND ARD ------------------------L 96 6.0 VS STANDA_R~D----------------------------- STANDARD ---------------------ST AND ARD --------------------------- ST AND A~R~D~--------------------------- STAND STAND GT5 4.10 -----------------------5 TAN DAR D ----------------------ST AND ARD ---------------------- OEM CODEACTUAL I COMMENTS CK25943 ss.6· $3, 191 CK25953 CK25743 41 .26" PRICE 3009 2317~ • • • Colorado Stale Fle•l Management 20111 VEHICLE SPECIFICATIONS DHl1r1 lnvltlllan ta Sid Page2of4 1111121115 Class : P/U -4x4 Representative Models : 1: FORD 3: RAM Bodv Code; El F250PU 3/4 I 1X4 TRUCK 2: CHEVROLET 2500 PU 2500PU MAKE: CHEVY MODEL: SILVERADO AVAILABLE OPTIONS: 099 EXT CAB SHORT SEO 3 OR 4 DOOR i-- 122 SHORT BED -133 BACK UP AL.ARM ----134 SIDE AIR BAGS i-- 141 TIRES : ALL-TERRAIN, UST SIZE : i-- 143 TIRES: OPTION #1, UST SIZE: -----152 SPILT BENCH 40(20/40 FULL CONSOLE '--- 218 NON-STO ENGINE OPTION A: -217 ENG OPTION: DIESEL -218 NON-STO ENGINE OPTION B: -229 HEAVY DUTY SUSPENSION SPECIFY TYPE: -239 GWI OPTION: SPECIFY ._ ~ AXL.E RATIO (MIN.) 4.10 249 AXL.E RATIO OPTION: SPECIFY ._ 252 CNG PREP PACKAGE ._ 254 ALT FUEL-OEM Bl FUEL SPECIFY TANK LOC ._ 255 ALT FUEL· OEM DEDICATED SPEC TANK LOC 1--- 256 ESS • OEM Bl FUEL - 282 DARKEST LEGAL TINT AVAIL - 268 CUSTOM CLOTH SEAT W/CNTR CNSOLE STRG - 284 REMOTE KEYLESS ENTRY ._ 298 CRUISE CONTROl.ITILT -311 SEATS : VINYL SEATS -312 SEATS: BUCKET SEATS -CLOTH - ~ MRRS:RECICMPR FOR TWNG (7"x9") 408 REAR AXLE -ANTI SPIN i--- 411 TRANSMISSION : MANUAL W/OVERORV ._ 420 BEOl.INER·FUU. MOLDED+ TAILGATE -423 TOOL BOX ·ACROSS BED BOX(1ttachment) -424 TOOL. BOX· SIDE BED BOX(attachment) - 429 TRAILER BRAKE CONTROL-ELECTRIC -~ PCKG :TOWINGIRCVR HITCH(Atchmt) 432 TOW HOOKS -438 HEAVY DUTY COOLING i...-- ~ PACKAGE:SNOW PLOW (allchmt) 4: GMC 2500 PU OEM MODEL#: CK25903 TRIM LEVEL: WT OEM CODE: --- OEM COOEACTUAL I COMMENTS ?RICE CK257 53 2137 . ~~~~~~~~~~~~~~~~~- NOTA VAILABLE . 8$3 138 STAN DARO QXT . 265/70R17E 200 QGM 265/70R 18E REQUIRES 18" WHEELS $295 200 AZ3 ~~~~~~~~~~~~-'-~~~~~ 415 NOTA VAILABLE LML DURAMAX 7487 ~~~~~~~~~~~~~~~~~~ NOTA VAILABLE STAN C4M STAN GT4 OARD 9900# REQUIRES 217 DARO 3.73 NOTA VAILABLE LCS IN BED 8575 NOTA VAILABLE STAN DARO AKO ON BASE ONLY CALL FOR OTHER CABS 100 AZ3 415 PCR -~~~~~-~~~~~~~~~ 610 STAN DARO HTQ NOTA VAILABLE DPN STAN POWER REQUIRES 284 $350 OARD NOTA VAILABLE vz.x JL1 STAN DARO STAN OARD DF2 ...:7..:;0 __ 395 360 390 230 280 3625 Class: l,/U • 4x4 R1preseintallv1 ModeJI · 1: FORD 3: RAM Colorado Stat• FIHt MaNg1m1nt 2018 VEHICLE SPECFICATIONS De1l1ra Invitation to Bid Boc!y Code; fl F25DPU 3f' T 4X1 TRUCK 2 . CHEVROLET 2500 PU 2500 PU 4: GMC 2500 PU P1913 Of4 1/112015 MAKI!: . CHEVY MODEL: _s_l_LV_E_RA_D_o __ OEM MODEL#: CK25903 TRIM LEVEL: WT OEM CODE: ~-~----- AVAILABLE OPTIONS: 439 440 443 444 450 454 482 488 472 516 520 521 526 ~30 541 599 808 B20 843 693 BSM 783 780 841 982 l)EM SNOW PLOW PREP l'ACKAGE:OFF ROAD (Att1chment) PKG: STROBE LIGHT (Attachment) ENGINE BLOCK HEATER SKID PL.ATE-FUEL TNK,TRFR CS/DI AWCIL.ARY BATTERY ~300SENECK HITCH (altchmt) :SPRAY IN BEDL.INER EPACT AFV CREDIT: Specify .LEFT DOOR POST SPOTLIGHT (50W) POWER LOCKS HEAVY DUTY ALTERNATOR POWER MIRRORS POWER WINDOWS DELETE DAYTIME/AUTO HEADLIGHTS AMIFM CD PL.AYER HYBRID GAS/ELECTRIC UPPER TRIM LEVEL PKG: SPECIFY ADD DAYTIME RUNNING LIGHTS MEETS 2010 FED EMISSIONS DIESEL ENG DIESEL. ENG 820 COMPL.WIT PHEV (PLUG IN HYBRID ELEC VEH) UPFITTER SWITCHES Al. T FUEL/GAS SWITCH EXT WAAA>HTY • POWER TRAIN 51100,000 OEM CODEACTUAL I COMMENTS VYU KOS NZZ K4B NOT AVAILABLE 217,254 VAILABLE NOTA STAN DARO KW5 PCR INCLUDES 530 PCR INCLUDES 526 DEALE R TG5 REQUIRES 104 RADIO $150 NOTA VAILABLE LT STAND ARD INCLU DED REQUI RES 217 ~TA~ DARO 9L7 INCLU OED WITH 254 STAND ARD PRICE 450 625 360 90 150 135 684 450ft 450 150 610 610 200 50 3413 125 • • • Color1do St111 FIMl M1111gem1nt 2011 VEHICLE SPECIFICATIONS De1lera lnvltltlon to Bid Class: P/U • 4x4 RepresentaUve Models: 1: FORD 3: RAM Boclv Code; U F250 PU 2500 PU 31• T1!C4 TRUCK 2: CHEVROLET 2500 PU 4 : GMC 2500 PU MAKE: CHEVY MOD!L: SILVERADO OEM MODEL#: CK25903 TRIM LEVEL.: WT AVAILABLE COLORS: Please attach manufactln!' color chart OTHER VEHICLE SPECIFICATIONS I OPTIONS (Please allach separate shell II necessary) STANDARD FACTORY WARRANTY (Attach detailed desC11pllon): MILES Bumper to B1.1nper 36K OrlveTratn 100K Other OPTIONAL FACTORY WARRANTY (Altadl delalled descrlpHDn): MILES SEVERAL AVAILABLE CALL FOR DETAILS EPA FUEL RATING: __ N_A~--M.P.G CITY, MONTHS 36 60 MONTHS PRICE _...N.:..,.;A'-----M.P.G HIGHWAY OEM MINIMUM FUEL RATED OCTANE ... : ____ a_s _________ _ DELIVERY: APROX 60 DAYS FROM DEALER RECEIPT OF ORDER FROM STATE (E.G . 90 CAYS) IDENTIFY ANY EXCEPTIONS TO SPECIFICATIONS; P1g1• of 4 l/l/2015 OEM CODE: --- PRICE DEALER NAME : __ J_O_H_N_E_L_W_A_Y_C_HE_V_R_O_L_ET ___ _ BIDDER'S NAME: __ M_A_R_K...-M..,..C 4 M_U_N_N _____ _ SIGNATURE: ~r_ltfl1t _______ _._WL __ ~----DEALER PHONE: __ 7_1_9_.8_6_6_.1_13_4 ________ _ • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 16, 2016 11cv Resolution for Appointing Hearing Officers Initiated By: Staff Source: Finance and Administrative Services Department Vincent Vega, Human Resources Manager PREVIOUS COUNCIL ACTION The Englewood City Council passed Resolution No . 40, Series of 2011 appointing a panel of qualified Hearing Officers to hear Disciplinary and Merit Appeals . The panel, once established , may be re-appointed by the Council on an annual basis. RECOMMENDED ACTION Staff recommends the Englewood City Council re-appoint, by resolution, Hearing Officers Ronald J. Cohen and John P. DiFalco from the list approved in 2011 to hear Merit and Disciplinary Appeals. Staff further recommends adding the appointment of Hearing Officer Bennett S. Aisenberg to the list. LIST OF ATTACHMENTS Resumes of Panel of Hearing Officers Resolution • • • ,. BENNETT S. AISENBERG RESUME Law Offices of Bennett S.·Aisenberg, PC .. , Denver, Colmado, 1980 -present Partne1, Gorsuch, Kiigis, Campbell, Walker and Grover, Denver, Colorado, 1958 -1980 B..A ., Economics, Brown University, 1952 LL.B ., Harvard Law School, 1955 U.S . Almy, 1955.-1957 Marquis Who's Who in America President, Brown University Club of Colorado, 1967 -1970 President, Harvard Law School Association of Colorado, 1984-1985 Denver, Col01ado, Massachusetts, and American Bar Associations Colorado Bar Foundation American I rial Lawyers Association Colorado Trial Lawyers Association, Board Member, 1977 -1984; President, 1984 - 1985; Life Time Achievement Award., 1996 Lecturer, Colorado Trial Lawyers Association, 1973 -present Trial Lawyers for Public Justice, State Chairperson (Colorndo) Founding Member, Public Justice Foundation International Society of Banisters Certification as a Civil Trial Advocate, National Board of Trial Advocacy, 1984 -1994 Judicial Nominating Commission (Denver) -Gubernatorial Appointment, 1988 -1994 Denver Bar Association -President 1991 -1992; Irnstee, 1982 -1985, 1987 -1990; Representative to Board of Governors of Colorado Bar Association, 1978 -1980; Chairpe1son, Entertainment Committee, 1975 -1977; Chairperson, Task Force to Assess Legal System, 1985-1986; Award of Merit, 2003 Colmado Bar Association -President, 1998 -1999; Chairperson, Interprofessional Committee, 1978 -1980; Chairperson, Alternative Disputes Resolution Committee on Employment, 1979 -1980; Ethics Committee, 1986 -present; Amicus Cwiae Committee, 1991 -1994 Instructm, Torts, University of'Denver, School of Law, 1961 -1963 Instrnctor, Real Estate Law, University of Colorado Extension School, 1960 -1963 Instructor, National Institute fo1 Trial Advocacy, 1985 -1990 American Board of I rial Advocates National Academy of Arbitrators; Member, Committee on Law and Legislation, 1986 - present; Rocky Mountain Region Chairperson, 1984 -1985 Labor Arbitrator, Federal Mediation and Conciliation Service 2 • • • • • RESUME OF RONALD J. COHEN 2325 West 72nd Avenue Denver, Colorado 80221 303-427-7584 Qualifications: Juris Doctor Degree University of Denver June, 19.68 Admitted by Colorado Supreme. Court October, 1968 Admitted by United States District Court October, 1968 Admitted by United States Court of Appeals . March, 1971 Admitted by United States Supreme Court March, 1972 General Legal Experience: Staff Attorney Denver Legal Aid Society -1969 Associate Attorney Berger, Rothstein & Gehler Attorneys at Law Commerce City, co -1970-1972 Partner Gehler & Cohen Attorneys at Law Commerce City, CO -1972-1982 Sole Practitioner Ronald Cohen, Attorney at Law Denver, CO -1982 to present Municipal and Governmental Leqal Experience: Assistant County Attorney Adams County, CO ·-1970-1972 Assistant City Attorney and Prosecuting Attorney Commerce City, CO -1970-1982 Prosecuting Atto~ney Northglenn, CO -1970-1972 Assistant City Attorney and Prosecuting Attorney Brighton, co -1972-1982 City Attorney Lafayette, CO 1975-1990 Personnel Hearing Officer: Northglenn, CO Blackhawk, CO Parker, CO Elizabeth, CO Littleton, CO Englewood, CO · Judicial Experience: Presiding Judge Northglenn, CO -1982 to present Presiding Judge Federal He~ghts, CO -1982-1990 Presiding Judge Commerce City, CO -1987 to 2002 Presiding Judge Lochbuie, CO -1999 to 2002 Presiding Judge Hudson, CO -2001 to present Administrative Law Judge Adams County, CO -1988 to 1994 • • • • • NAME: AMERICAN ARBITRATION ASSOCIATION RESUME FORM Centrestone Business Park, 8010 South County Road 5, Suite 206 •Windsor, CO 80528-9004 ·Telephone: (970) 530-2121 •Facsimile: (970) 530-2122 • John P. Difalco CURRENT EMPLOYER/TITLE: Self-employed -Arbitrator/Mediator Difalco Corporation -President OCCUPATION: Attorney, Arbitrator EXPERIENCE: Over 35 years of experience as a civil trial lawyer specializing in government, administrative, and business contract law including signficant experience in the practice of arbitration, mediation, and other forms of alternative dispute resolution. As a municipal attorney, participated in the construction management of major' projects inlcuding performing arts center; senior center; recreation facilities; airport improvements; and wastewater, transportation, and waterways. Familiar with disputes relating to differing site conditions; design defects; change orders; surety bonds; and municipal, state, and federal contract law. Possesses considerable government experience,. including negotiations with federal and state government agencies in connection with the construction of public buildings, wastewater and water treatment facilities, transit systems, and airports. Adjunct Professor Law at Regis University in Denver, Colorado. Arbitrator since 1980. As panelist for the American Arbitration Association and the Federal Mediation and Conciliation Service, has engaged in the practice of labor, commercial, and construction arbitration, mediation, and other alternative dispute resolution. Clients include numerous public and private entities throughout the nation. Experience in mediating or arbitrating cases involving arbitrability, contract interpretation, delays, design defects, product liability, remedies, and many other issues. ISSUES: Arbitrability, benefits, cotnract interpretation, discharge, discipline, discrimination, external law, grievance procedure, job assignments, job classification, pay, seniority, subcontracting out, tenure issues (higher education), timeliness. INDUSTRIES: Entertainment, government (federal, state and local), grocery, higher education, meat packing, mining, oil and gas, postal, professional sports, public utilities, retail, schools, steel, telephone, transportation. WORK IDSTORY: President, Difalco Corporation, 1980-present; Owner, John P. Difalco & Associates, P.C., • 1987-2003; City Attorney, City of Greeley, CO, 1980-1987; Chief Negotiator/Labor Relations Attorney, City/County of Denver, 1977-1980; Hearing Examiner, U.S. Postal Service, 1972- 1977; Attorney & Labor Relations Specialist, U.S. Postal Service, 1972-1977, Attorney, Real Estate and Procurement; General Counsel, U.S. Postal Service. EDUCATION: Ohio State University (BA-1965; JD-1968); University ofNorthern Colorado (MA-1986). PROFESSIONAL ASSOCIATIONS: American Bar Association (Committee on Public Employee Bargaining); Colorado Bar Association (Labor Law Section); Federal Bar Association (Committees on Public Sector Labor Relations, Arbitration Committee, and Office Management Committee); Industrial Relations Research Association; Phi Delta Phi International Legal Fraternity; International Platform Association; National Academy of Arbitrators. PROFESSIONAL LICENSES: Admitted to the Bar: Ohio, 1968; Colorado, 1972; District of Columbia, 1987; U.S. District f"',...,...f T"\~.,+ .. :,..+ n.f' ('1,...1,.,..,.orlt'\• TT Q (",.,.,,,.+ nf A1'\1'\P!O!h1· TPnth !'!nrl l<'PrlP.r~l (1 QR/\) r.;rrn1;t~· TT~ "-"'V""'1.\.) ~.&.~IJ..&.\ol" V.J.. '-'V.l.V.&. ..... -V, ....... ~. __ _... .. -.A. .. ...,.t'.t'---· .,_,,. .. _ --.--·--·---. ,----,1 -·--•----:...7 -~~-: Supreme Court (1972). PlJBLiCATIONS Ai'iD SPEAKING ENGAGEl\.'.IENTS: "The New Ethics Regulations -Confusing and Likely to Be Changed", POSTMASTERS ADVOCATE, March 1991; "Sexual Harassment Revisited'', POSTMASTERS ADVOCATE, May/June 1989; "Supreme Court Permits Office Searches of Public Employees", POSTMASTERS ADVOCATE, December 1987; "Twenty Rules for Effective Meaningful Bargaining", POSTMASTERS ADVOCATE, August 1987; "Children as Negotiators: Is Theirs an Acquired or Inherited Trait?", POSTMASTERS ADVOCATE, June 1987; "The Law and Policy on Sexual Harassment", NATIONAL LEAGUE OF CITIES, 1984; "Collective Bargaining", NEW ENGLAND MUNICIPALITIES, 1982; reprinted, NIMLO LAW DOCKET, 1983 and WASHINGTON ASSOCIATION OF CITIES, 1983; ''Negotiation Impasse Planning", OKLAHOMA MUNICIPALITIES, 1981; "Municipal Strike Planning", COLORADO MUNICIPALITIES, 1980; SUPERVISOR'S GUIDE TO DISCIPLINE, 1979, revised 1985; "Management Negotiators: A New Breed'', NATION'S CITIES, May 1978; "Rights of Criminals While Incarcerated", OHIO STATE UNIVERSITY LAW JOURNAL, 1978; DISCIPLINE AND GRIEVANCE HANDLING, 1973, revised 1986. ALTERNATIVE DISPUTE RESOLUTION TRAINING: Basic AAA Arbitrator Training, Denver, CO; AAA Advanced Arbitrator Training, New York, NY; Labor Arbitrator II , Phoenix, AZ; Advanced Arbitrator Training, Phoenix, AZ. LOCALE: Fort Collins, CO/Denver, CO/Loveland, CO • • • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION SETTING THE LIST OF PERSONS ELIGIBLE FOR APPOINTMENT AS HEARING OFFICERS FOR DISCIPLINARY AND MERIT APPEALS . WHEREAS, Section 138:3 of the Englewood Home Rule Charter provides that in matters of disciplinary and merit appeals, the City Council would appoint hearing officers to hold hearings and make findings and determinations ; and WHEREAS, the passage of this Resolution will provide a list of persons for appointment as hearing officers by City Council for 2016 . 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, Colorado, hereby approves the following persons for appointment as hearing officers for disciplinary and merit appeals by the City of Englewood: Bennet S. Aisenberg Ronald J . Cohen John P . DiFalco ADOPTED AND APPROVED this 16th day of February, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2016 . Loucrishia A. Ellis, City Clerk • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 16, 2016 11cvi A Motion Appointing a Hearing Officer Initiated By: Staff Source: Finance and Administrative Services Department Vincent Vega, Human Resources Manager RECOMMENDED COUNCIL ACTION The staff recommends the Englewood City Council appoint, by motion , a Hearing Officer for a disciplinary appeal filed by former Police Officer Andrea Friday . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Per the City of Englewood Administrative Policy Manual, Human Resources Policy No . 24, when a request for a hearing before a hearing Officer in connection with a disciplinary appeal is filed with the City Clerk, the City Council will appoint a Hearing Officer from the panel appointed to hear the appeal. LIST OF ATTACHMENTS Appeal Request Resumes of Potential Hearing Officers • • • MEMORANDUM RECEIVED FEB : ! 2016 ENGLEWOOD, CO OFFICE OF THE CITY ATTORNEY TO: FROM: Mayor Jefferson and City Council Members Loucrishia A. Ellis, City Cl~ DATE: February 10, 2016 SUBJECT: Disciplinary Appeal of Officer Andrea Friday In accordance with the City of Englewood Administrative Policy Manual --Policy No. 24, I am notifying you that I have received a request for an independent hearing officer to review Officer Andrea Friday's termination of employment. A copy of the request, dated February 10, 2016, is attached. cc: Eric Keck, City Manager vOugan Comer, Acting City Attorney Vince Vega, Human Resources Manager • REID J . ELKUS DONALD C SISSON JO EL ROSENSTEIN ELKUS SISSON & ROSENSTEIN, P.c. LUCAS LO RENZ MICHAEL L CHEROUTES scan D . MCLEOD STEVEN T MANDELAR IS ZACH D WAGNER • Sent Via Email Loucrishia A . Ellis, City Clerk Englewood Civic Center 1000 Englewood Parkway, 3rd Floor Englewood, CO 80110 E-mail: cityclerk@englewoodgov .org Eric A. Keck, City Manager Englewood Civic Center (3rd Floor) 1000 Englewood Parkway Englewood, CO 80110 E-mail: ekeck@englewoodgov.org Shelley Becker, Director Office of Human Resources 1000 Englewood Parkway Englewood, CO 80110 E-mail: webmaster@englewoodgov.org 4TTORNEYS AT LAW February 10, 2016 Re : Notice of Appeal Officer Andrea Friday -AIC 15-08 To whom it may concern: 501 S. CHERRY STREET SUITE 920 DENVER, CO 80246 PHONE 303-567-7981 FA X 303-431-37 53 WWW.ELKUSANDSISSON.COM Please be advised that pursuant to Englewood Personnel Policies and Procedures ("Policy" or "Policies") #24 & #25, Englewood Police Officer Andrea Friday hereby appeals her termination. The Notice of Discipline from Chief of Police, John Collins was served on February 2, 2016 and as such this Appeal is timely under Policy #24 . Officer Friday is requesting an independent Hearing Officer be retained to hear her appeal and that the dates of the hearing be cleared with her counsel (listed below). As required by Policy #24, the pertinent information necessary for this appeal is listed below: • Police Officer Information: Andrea Friday 8348 West 77th Way Arvada, CO 80005 Tel.: (720) 480-7251 ;c, .. ' ELKUS & SISSON, P.c. ~J ATTORNEYS AT LAW Requested Remedy: Based on the aforementioned, we respectfully request that the discipline be overturned and that Officer Friday be compensated for the loss of pay due to her termination and be reinstated to her fonner position with full restoration of back pay and benefits to be awarded from the date of termination. Sincerely, Isl Donald C. Sisson Donald C. Sisson Elkus Sisson & Rosenstein, P.C. • • • • •·; To: Officer Andrea Friday CC: From: John Collins, Chief of Police Date: February 2, 2016 Re: Disciplinary Action ref: AIC 15-08 EXHIBIT A On August 17, 2015 an allegation of misconduct was brought against you by Sergeant Mark McKay and his immediate supeivisor, Commander Sam Watson. The allegation was in regard~,to your utilization of Short Term Disability, whether it was appropriate use of . Short Te'!Tri ·P,i~ability and your Truthfulness throughout this entire Investigation • .' . .-:-· ·. The AIC Ih~~kt1~ation (#15-08) was completed and then thoroughly reviewed by Staff. The following~:al{egaticms of misconduct and misconduct not based upon the original allegation were sust~h1¢.d ~ri'9 recommendations were made for discipline. The following violations are within the c;bde :Qf Conduct (Lexlpol) Policy 319 as well as the City Administrative Policy • . . ·. ;,. .. ·. '· . :·, .; :t{:"\Lft~tlltulness :.·. ..:. :· .· · . . .::::::{::::·· ... ~~\. ... . . . ;· ,. '.;~: errf p19Y~~~:~ie prohibited .from 1ht~n.t1C>nauy ·1n~l<)ifg)iny rri~te~allY.:'false : ~t~m~n~Cs):fn :· cohneetlonWith thei(P.~.rformance of offi~ia~ d~tje~.:-.C~~~;iqteivieWii;i!f°,{a ~~~p·~~·~.9:r ., . ;· .. witness: does.not constitute . making a materially f~lse'. statement).~ employees: ar~r:-:· . . '. .. prohibited fron:l intentrci·nally.failirj~fto: dl~dose lnf0rrriatl9n;.l~:conne~oilwith th~·(\ ... / perfd.trrlance o(offldal · dutJ~$·'.when the . purpose .OfsUc;h nci'n(;fiscfosµre isJo :· ~O[!C.eaf:: :..' :: .. ::: suitabllit'{':Qr:,unsuitabilitY for dufy of.themselves or ~ah'oth~r .or 'to·:g ,alrr .imprci'p~t pers6nak advantage:· AnY : material falsifh:;atlon ·of qr any .tr.itentlohal; faU~te:.tcf disclose : thfcirfoatlort · te!evant to :suitability ;or ·fltness 'for police:emprdYinent whrch1s~discQveted :atter .~n;,,::· .. :::::-:: indiv,idU,~ris hired .c~n result ,in t~~tterrfiinati()r of:·:th~t"~mplqyee.·::~:,;::: .. :: . : ... : ·: . < .· ~.; · · ',~,: : ·>>. ~' ·:, 1 :1 ~•/;, 1 . : ~'•~I:~:< '' • ;: ' '• ,'11 ,':,. ·:. : t 1 1 : ";·:~ •::• ~-, .' r~ ' :,~ 1 ;< : ': 'i :: .. -~ >:: ~•-,•!" • 'tt ' \ '•i ',:::~3:~~:;·'\:6 :•~-... r~-~: 1 ,;: 1, dfr i=rlaay AP.di 1; ·2q1~·y9u had tele'phohed sergeant. Contos t~lllng .,him:tti?t .per your.:<., ddctors insttuctidriS that: Y()iJ . needed April' l ;2~ off ~tid · that)t was· r¢.l~ted to your·:-. ; . . · · · sur9~r?~ ·:~.caryt9~·s·ub.m1~ed .· ~ ie~ya ~lip ' b'ase~ .. ~P9."': \f.'.hat v9~ °Q~i;t:.t?kf h!M:f~t ·s~ort:.< ..... : Te,~m Disability~ .. ,Or~· McCrann later stated that there ~as no · me(] ital :r~asor(fqt;ydu : to' February 2, 2016 have these-days off. Duri,ng your interview with ·sergeant Cousineau that pther tha11 . being .nervol:Js· you had no reason not to have \A/qrked.. '. . . : _. . · · :. · ·· ": · ·· o~:J~iyT;; ~q~s y()u calleq in sick and spoke tqSergeant.Scot AUe!1 ·~ serge~nt~llen .told youJhat :he would .post your leave as . ~ersori~I tea.Ve :'a_nd you tofd him tha~: pe( .· . · . · commander Watsofr .and Vince :· Vega . tha~ tlJe :JeavefY{oul<;I _be Shor:tTerm . Plsabillty due.· . to itbelng related toa prior surgery 1:sergeantAHeii tompletedth¢ileave sllp :fo_r .~hort . Term .o'isabilit;y and .. documented your commenfa:on a ·stidfy. note :and a~che<fltt(fthe ' ·.· slip; Coniman'der WatSon and Vihce Veg 'a both refu~e.'your assertiC>ifahatthey:appi"()Ved ' . Short Term Disability for you. You in .fact took offJuly 13and14 .Vf~(Short:Term . . . . Di$abilifyt · ·:'·;: "' ·: ·: . ·. . ,· ' . ' . . . . ::: : ":'.:~ ': . : . : .. : " : on July ii, 201s::y6u spoke with Serge·ant. Matk Mckay about your · need ·to: ~ketime bff in: the: future namely July :27~29, August 4; 201s and August 10;; 2.015; :Yeti: ;:ilso :told: :::., Serg¢ant-McKaythat you had worked out all of.your leave with : Commander Watson and HR and that the. leave would be Short Term Disability dueto it being .~ ton~~u·~tjon fre>rn a pre-existing Illness. Yoo ultimately took off on July 27;.28 by: utilizing: Short•·Tefh.'L ; · ::: Plsablllt'/.: Co~·mar'lder:: Wat:Son and ' Kerry; Bush'. (HR) both . 'refute :yout:a~ser,tidi;l : tpijf> . ::; t~~s~·artangem~frits ·\\'.er~·µrevfously _worked'oa~~::I_nJact,;·on,July :1s;.40t!fy9~::m.etw!th Benefits Speclail!?t,Kerry Bush vvhere ·shetold you that any future,l~ave :Woulcf h~ve to '. begin .witfryoQ usJpg Your: accrued . leave fkst; Oh July 23, 2.0 is;. Sergeant McKay . . receiyed .ah.~mal,tfrom; Lucy Tayane, Benefits Specialist who advised thatHR ·was not · worktng :with yciu '.On youfleave requests; .. · . · · · · · · · • · . ' . . . . •'. ·'.. ..:· •.. . t; A~ unsatisfactory Performance · · .. :;· .. Ernptoyee~ will m;;iintain sufficient competence to properiY:perf~~~:·theit::~Gd~;:.~~nd·>:; .. assume· the::tesppnsloill~les· of their positiqn; Employees will perform their duties. in a • manner wntth _wilj:;malnt~lnthe ~lg he~ St:a.nd~r~ ofeffiGiem:y !n, tarryiri9 _Qut,t~·e . ,., . .• fUnctioi:t$ an~:objeetives 'Of the Polfce Departm~nt, Unsatlsfactpty performar:u:~¢'!hay be -: defl'.ionstrated'.by a. iacl(Of knoW,ledge of the application of laws ,fo be.eiifcitceq;:. :<·· '. . uriwillingriess :·or'.inability :to perform: assignedtasl<s; the failure '. to . conform to; work standa,rds established fol' an employee's rank, gr~der ~r. p~sitl6~; t~e : ~~glect: of~uty; . the display ·9f c9wardi"e; ·abse·nce'i\lithouf,eave(~or~~ne :p~ysk~l··o(ni~_ntal :.lnabilify to -· .: perform-tJ:i~.·es~~h.tial .fu~ct_ioJ'ls. of the posi~io~ ~nctreq~ired, chi~f e~,:. U,ncorrecte~· p'C;or: : . evaluatlo~~ a~~:.recorqS.,c:>f repeate~ violation~. ofqrders1 :11.lles~ ·pro~~aµ~~sL p_t :p.thet:·,· )' directilJe~· Of tflEf pepa~~nt WilJalso Cqnstitute':unsatlsfa~Ol'.'{performa~ce~ ' ' .. < · ... ·: . o'n: July -27;: ~fo1~ you had im,prope~ly tak~n this . day ~ff via Shorf T~r~·bisabilit'/{· Tfje :. ·. Short term Disc;1bility ·~vas changed to Per~onal t~ave;.:which' you ~_did . ~9~,·h~ve ::~rib_ifoh : ·_ of;. causing>yoµ:to· go · Leave Without Pay .for ._l.86 _hours.:' .. If yQ~f recall,·:on:J~ly;·i.s;· ?009: you were charg.ed Leave Without Pay in tne ··aniount· of 8:;66 hours and agafn:.ofr October t'2, 2009 in the amount of 6.08 hours a~ on . both·ocC;a$ions you had taken time off. a~er having · exhausted alfo(your leave .. For these violations you were issued' a: Letter of<. ··. . torrectlve :Action.,by. Comr:nander Watson. · · · · · · · · · 2 • • • • • • February 2, 2016 3~ A~· Insulfordhiation :;: · ·." · · ·. ··· ernpr6ye~wi1Fpr()~p~y :obey ariy ··1·~.~u1 · ord~~·;ot_.dir~di~~·:~~ .. a .sup~·Nis~'~ .. ·:~~ploy~es . -:'. will not use profane ·,Ofintentionally J11sultlng ·languag(toward : any sapervi~ori ·. . · :: :. -·~ Based ~pon .. tHi~'.i:n~e~tfgatioh it appears t~~~·you kh:b~inci1y ·ob~rJd~~ th.;s·-fotem~C _ .•. · .···. ir:ive~tigation.,:on AUgusti7~ 2015 you .obtained ·a dop:or's note frorn :Or:o McCrahn for :-.· · the 'dates ' of April : t~2~. -This note was ··submitted ''nearly Srn.onths: after 'the :le~veWas ·:;,:-: tak~h. Dr; Mttrann -foJq ::sergeanftousineau thatthere .Was no medical rei1son .for you~ -· tq ;have be.eri:9fffor thos~tw() ~9ys. ,6.lsp~:.on Augusf2S{f,Qts ·you voryq~ri!Ysig:n~d:a:·.· Kaisei:Perrnariehte waiyer that a!Jo~ed PSB to .i:;()ntacb:your doct,ors regarding: ~~ls : ·· .• ·. intefoatiriVestigation1 ·bn Septenib'et 16~ 2015.you :sighed ~·second. Kaiser Perfiianehte walver::form relative tQ..pse :speakirlg .with Dr;· Re:ars ~:. · · · · : ·· · · on September U, 20Ls :cou~in~au spoke . with : ~l;lz~beth a_t Dr~ Rears _Office whO' •··. ·. . . . advised ·that that you told Dr. Rears not to speak . to PSB and that the waiver that-you· · · had signecl' was nofvalid, the w,aiver was only for Dr.. M~Crann. · .-·· · on September 14, 2ois Cousineau spoke 'to Glend~, Kaiser Ri~~ Manager~·who stated : · that she ·had not seerithe .waiver that you had signed and that It did not .m(:ltter as you . had told Dr. ~ears not to cooperate.and that the .waiver that you had sigh¢dwas not: .. ·: valid.;·:/: .. ~· · · · · · · · : · · .. · · · · · ·;::~-:· · .. :: .. :. On S~pt~mberl6,~QiSyou· spo·k~ to Sergeant C~u.sin~~u;: Xo~·~~ld hiin i tliat ·~~u -did ' tell Dr; Rears not to speak to Ps.~· because .the dates '.cfr1 :your;. A.I.C. "pa·perwork did :npt . torresporidJothe waiver. Agairi: on Septemberl6; 2Ql?,· C9usinea.ti spoke to Gle~·~ci: atr Dr. R~ars : office. Gr¢nda 'told Cousineau ''off. the record" that you .Were coaching your ". ·. doc;tor :dri .What to foll : Couslii.ea1i:'and,:this was'.:rnakingt>r;.'Rears ve~/ uii~omfOrta()I~,;:· .. • . I ~ '.-' , -·, : • • : ·-" ~' '' • • • • . • . . • '. -; • : :·: .. --.' ~ . • ,, • . ' : : ;· : . ·• ' • ' • -' . • • • . ' ' " • . " M·:·; " • . . .. ' . .,... ,·._~:>:· '·, ~ .. '· . ' ·~ . . ' . . . . . ' ... ~ .. Additionally, allegations of misconduct regarding the following City Policies were also sustained: 4. Polley# 37 -Short Term Disability In Part: POLICY The first eight consecutive hours (or number of hours in a scheduled shift) of an employee's injury or illness will be taken as accrued leave. Any further medical leave is provided through the City's short-term disability policy. An employee must take an additional eight consecutive hours (or number of hours in a scheduled shift) of accrued leave for any new illness or injury. Accrued leave must be used In the following order: Personal Leave, Holiday Leave (if the employee is eligible), Annual Leave, Sick Leave (if the employee is eligible), Compensatory Time, and then Leave No Pay. An employee must also take an additional eight consecutive hours (or number of hours in a 3 February 2, 2016 scheduled shift) of accrued leave (in the same order as previously listed) for any recurrence of the same illness or injury if separated by thirty (30) calendar days. If absence from work is three (3) shifts or more, a medical release must be provided to the employee's supervisor at the employee's expense. The release will be forwarded to Human Resources for possible Family Medical Leave qualificqtion. * on Ffiday Aprll :t, 2oi,s Y<?iJ had telephon~cl.Serge~iiftohto~Hellirig :hifu that per your: : doct~t's_'!nsttuctlons that you n'eeded April . 1;-2: off andthat:Jf::Wa.$-f~l~t~d ~p~youi'.} :' -··. : ._. . sdrgery; Cofl~OS ~ubmitted a f eave slip based · upon:-what you had laid :flhl'.1 ' fgr _Sftqit:: ·· __ ·: Term _ DisabUitY~~::·br~ Mcqann later stated_ that tbei'e was .no medical r~.~~onJor:·y~:i'u to have this day off•~ Durihg . your interview you · adrnittedto : Sergeant tou~iheau _ thafother -- than .being ne~oµs you hi:ld no reason not to have worked; In this case :you .wer~t :.: • : _: r!;!quired -by City Policy-to take your owrHlme· and not ~hortTerm Dlsa(:)llify:: :_. ·:;-.. ·: ·· ·, . .. . -. .· -.. -·.· . · .... on July 13~ 2diS you call~d .in . si_ck and spok~ to -Sergeant .ScoFAHen. Serg~arit Alf en fold v9u tttpt ;l;iewQuld:pOst'YOUr leave as: person at Leave . and yoi.J told ' niifr that: P,e~.:·:·:: >::: •:> .• Cam ·rnan'qer:V{at5~n and Vince Vega _thatthe)_eave would be Shorti:terijfQ!S,abi'tify:doe .. to it being rela~edJo a priqr:surgery; SergeantAllen :completed the lea~e :~lip .. f.6r?li6rt .. T~rrn Disability and . documented :yciur comments bn: a>$tickfn9te and attached it to : th~: · slip~ Cq~rnr;i~der Watson and.Vince Vega both refute Y()'qr ,as$;ertibn that they approveij C"&...-..-...a. -r...:. .. -.... n: ........ L....:1: ..... &-.. ··-·' ·v-•'•· :~ ~_,. ·~-•; -#.11.t,,.1~: . .;.,.""~·1.A..·,,;~ ck,....+.T~t-M -,:· ,~:· ···.· .. ··.· .;i_11y1 ·.i. •~1-.111 ·Ln:>(:ll,llllLY .IVI _yvu. IVU Ill ICl ... _l,,,LVVl'\'.~11 . Ju1y ,j,J UllU .. ~·.Y·IU ... ,.,.,,, ............ _ •. .-: ' ' ,, Disability, ·In this parti,ular case you · werE! .. required to use 8 hciµr:s of c,d~r~~g leave if the illness was separated :'by 30 days from your::$urgery which ir(fatt.ltwas~·.::> •. ~ •• ''. ' d~ ju(y--2i/2dlS ~u spoke with _Sergea~t iYl~~:f~ki~)i :~ab:~~t y~u~ need . tk :~~ ;ttt1;;m1-tt:<·t::!-·~-H.~tt~-----· ii) .mE!/uture rja'Tlely July ;,27.:29,· 2_01s, ,l\ugu~t 1i~:i.~~5: an cl August :lO/: ~P1~/:.Yo4. (11$.ct te>ld"~ergeant M<;K~y thatyou ·_had worked ot.it'all 6fyour 1.~ave.:Wjtn::~qm,-i:i:ian9~r . Watson -- ahdJiR ~nd . tha~ ~h~ reave ,Would be Sh()_rtJe.t;m · O,isabiJity due to)t: being -~a ;:~qtitihuation rron:i ~·-pre~e~lstirig i'lness •-:Y9u ulti'Tla~el.Y fookoff on)u!Y: ~7~2a· by utilizing short:Jernt - Disabi.litYi . Commander Watson arid Kerr)' Bush (HR) ooth refute your assertion that . · these: a.frarigetnerirs were prev1ous1yworKecfout; : iri' iacr, on .Juiy' ·i5; ·20H:you:.mebvifo Benefit$ Sp_ecialist K~rrY Bush . where she told you ':that any future leav~ Wq_uld: h~V~ ·~ct . -. beg_in With ym;(using : your accrued leave .first on July 23, 2015,Sergeant ~cKay:': __ < received an email from Lucy T?Jyane, Benefits Spedalist who advised thatH&.wa~:.n._of ·· working witry ·:you on your ieave requests. ' -" ' ::\;', ; : ' ' ·. -'· ·' •• t '' ,r ·• . '·, '" . ' .,•,·., .. ' ' ', .·. ·,, '! .· . · .. :; ·~ . . . . ' . . ·.' " :'.· -" .. : . ... • •! ' ' 1. · ••. :.- ,, • 'J .•• '.' -,-: ...... ;: 4 • • • • • • February 2, 2016 5. Polley #31-Family and Medical Leave Policy In Part: Policy Notification Requirements If the necessity for the leave is foreseeable, an employee must notify the City of the request for leave 30 days in advance and must make a reasonable effort to schedule treatment so not to unduly disrupt City operations. ·If the leave is unforeseeable, the employee is expected to give notice to the employer of the need for FMLA leave as soon as practicable under the circumstances. ·Any request for leave based on a serious health condition, whether it involves the employee or a family member, must be made in a timely manner and be supported by appropriate medical certification. An employee must notify Human Resources and must request that a medical provider complete a U.S. Department of Labor "Certification of Health Care Provider" form. The certification form must be provided to the City within 15 calendar days of request. ·Any request for leave based on Military Family Leave must be made in a timely manner and be supported by appropriate documentation. Depending on the circumstance, an employee must complete either the U.S. Department of Labor "Certification of Qualifying Exigency For Military Family Leave" form or the U.S. Department of Labor "Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave" form. In accordance with the City of Englewood's Administrative Policy Manual, #25, Corrective and Disciplinary Action; and based upon the above findings; I have outlined below the following violations that you have committed and are subject to appropriate disciplinary action: (a) Neglect In the performance of the duties of the position to which the employee is assigned. (h) Criminal, dishonest or other conduct which interferes with effective job performance or has an adverse effect on the efficiency of City service. (j) Incompetent or unsatisfactory performance of duties. (k) Knowingly giving false statements to supervisors, other officials or the public. (I) Any conduct, on or off duty, which reflects unfavorably on the City as an employer. (w) Any other conduct or action of such seriousness that disciplinary action is considered warranted. In that three of these violations of the Code of Conduct are of a Class "A" category each of which are grounds for termination and the remaining violations are significant as well, it is my decision that your employment with the City of Englewood be terminated. Your rights as an employee to appeal this decision may be found in the City Administrative Policy Manual, Policy #25, a copy of which is attached to this notice of termination. 5 February 2, 2016 • I have received and read a copy of this notice of termination. Officer Andrea Friday Date • 6 • • • • ,. BENNETTS. AISENBERG RESUME Law Offices of Bennett S .·Aisenberg, PC .. , Denver, Colorado, 1980-present Partne1, Gorsuch, Kllgis, Campbell, Walker and Grover, Denver, Colmado, 1958 -1980 B..A., Economics, Brown University, 1952 LL.B., Harvard Law School, 1955 U .S .. Almy, 1955.-1957 Marquis Who's Who in America President, Brown University Club of Colorado, 1967 -1970 President, Harvard Law School Association of Coloxado, 1984-1985 Denver, Colma.do , Massachusetts, and American Bar Associations Colorado Bar Foundation American I rial Lawyers Association Colorado Trial Lawyers Association, Board Member, 1977 -1984; President, 1984 - 1985; Life Time Achievement Award, 1996 Lecturer, Colorado Trial Lawyers Association, 1973 -present Trial Lawyers for Public Justice, State Chairperson (Colma.do) · Founding Member, Public .Justice Foundation International Society of Barristers Certi£cation as a Civil Trial Advocate, National Boai:d of Trial Advocacy, 1984 -1994 Judicial Nominating Commission (Denver) -Gubernatorial Appointment, 1988 -1994 Denver Bar Association -President 1991 -1992; I1ustee, 1982 -1985, 1987 -1990; Representative to Board of Governors of Colorado Bar Association, 1978 -1980; Chailpez son, Entertainment Committee, 197 5 -1977; Chairperson, Task Force to Assess Legal System, 1985-1986; Award ofMerit,2003 Colorado Bar Association -President, 1998 -1999; Chairperson, Interprofessional Committee, 1978 -1980; Chairperson, Altemative Disputes Resolution Committee on Employment, 1979 -1980; Ethics Committee, 1986 -present; Amicus Cwiae Committee, 1991 -1994 Instruct01, Torts, University of Denver, School of Law, 1961 -1963 Instructor, Real Estate Law, University of Colorado Extension School, 1960 -1963 Instructor, National Institute for Trial Advocacy, 1985 -1990 American Board of I rial Advocates National Academy of Arbitrators; Member, Committee on Law and Legislation, 1986 - present; Rocky Mountain Region Chairperson, 1984 -1985 Labor Arbitrator, Federal Mediation and Conciliation Service 2 • • • • Qualifications: RESUME OF RONALD J. COHEN 2325 West 72nd Avenue Denver, Colorado 80221 303-427-7584 Juris Doctor Degree University of Denver June, 1968 Admitted by Colorado Supreme. Court October, 196.8 Admitted by United States District Court October, 1968 Admitted by United States Court of Appeals March, 1971 Admitted by United States Supreme Court March, 1972 ~ General Legal Experience: • Staff Attorney Denver Legal Aid Society -1969 Associate Attorney Berger, Rothstein & Gehler Attorneys at Law Commerce City, CO -1970-1972 Partner Gehler & Cohen Attorneys at Law Commerce City, CO -1972-1982 Sole Practitioner Ronald Cohen, Attorney at Law Denver, CO -1982 to present Municipal and Governmental Legal Experience: Assistant County Attorney Adams County, CO ·-1970-1972 Assistant City Attorney and Prosecuting Attorney Cormnerce City, CO -1970-1982 Prosecuting Atto~ney Northglenn, CO -1970-1972 Assistant City Attorney and Prosecuting Attorney Brighton, CO -1972-1982 City Attorney Lafayette, co 1975-1990 Personnel Hearing Officer: Northglenn, CO Blackhawk, CO Parker, CO Elizabeth, CO Littleton, CO Englewood, CO · Judicial Experience: Presiding Judge Northglenn, CO -1982 to present Presiding Judge Federal Heights, CO -1982-1990 Presiding Judge Commerce City, CO -1987 to 2002 Presiding Judge Lochbuie, co -1999 to 2002 Presiding Judge Hudson, CO -2001 to present Administrative Law Judge Adams County, CO -1988 to 1994 • • NAME: AMERICAN ARBITRATION ASSOCIATION RESUME FORM Centrestone Business Park, 8010 South County Road 5, Suite 206 •Windsor, CO 80528-9004 •Telephone: (970) 530-2121 •Facsimile: (970) 530-2122 • John P. DiFalco CURRENT EMPLOYER/TITLE: Self-employed -Arbitrator/Mediator DiFalco Corporation -President OCCUPATION: Attorney, Arbitrator EXPERIENCE: Over 35 years of experience as a civil trial lawyer specializing in government, administrative, and business contract law including signficant experience in the practice of arbitration, mediation, and other forms of alternative dispute resolution. As a . municipal attorney, participated in the construction management of major' projects inlcuding performing arts center; senior center; recreation facilities; airport improvements; and wastewater, transportation, and waterways. Familiar with disputes relating to differing site conditions; design defects; change orders; surety bonds; and municipal, state, and federal contract law. Possesses considerable government experience, including negotiations with federal and state government agencies in connection with the construction of public buildings, wastewater and water treatment facilities, transit systems, and airports. Adjunct Professor Law at Regis University in Denver, Colorado. Arbitrator since 1980. As panelist for the American Arbitration Association and the Federal Mediation and Conciliation Service, has engaged in the practice of labor, commercial, and construction arbitration, mediation, and other alternative dispute resolution. Clients include numerous public and private entities throughout the nation. Experience in mediating or arbitrating cases involving arbitrability, contract interpretation, delays, design defects, product liability, remedies, and many other issues. ISSUES: Arbitrability, benefits, cotnract interpretation, discharge, discipline, discrimination, external law, grievance procedure, job assignments, job classification, pay, seniority, subcontracting out, tenure issues (higher education), timeliness. INDUSTRIES: Entertainment, government (federal, state and local), grocery, higher education, meat packing, mining, oil and gas, postal, professional sports, public utilities, retail, schools, steel, telephone, • transportation. WORK HISTORY: President, Difalco Corporation, 1980-present; Owner, John P. Difalco & Associates, P.C., 1987-2003; City Attorney, City of Greeley, CO, 1980-1987; Chief Negotiator/Labor Relations Attorney, City/County of Denver, 1977-1980; Hearing Examiner, U.S. Postal Service, 1972- 1977; Attorney & Labor Relations Specialist, U.S. Postal Service, 1972-1977, Attorney, Real Estate and Procurement; General Counsel, U.S. Postal Service. EDUCATION: Ohio State University (BA-1965; ID-1968); University of Northern Colorado (MA-1986). PROFESSIONAL ASSOCIATIONS: American Bar Association (Committee on Public Employee Bargaining); Colorado Bar Association (Labor Law Section); Federal Bar Association (Committees on Public Sector Labor Relations, Arbitration Committee, and Office Management Committee); Industrial Relations Research Association; Phi Delta Phi International Legal Fraternity; International Platform Association; National Academy of Arbitrators. PROFESSIONAL LICENSES: Admitted to the Bar: Ohio, 1968; Colorado, 1972; District of Columbia, 1987; U.S. District ("',.....,.,... n~ .. +.o;,..+ ,....f' ("',....J,.... .. oAn· TT<;;! f"'n11..t nf' AnnP~1(1• TPnth ~nrl l<P.rlP.r::il fl QRI)) r.1r~11it~· TT~ "--'Vu.&.Lo) ~J...=tUJ.""" V.1.. '"""'".&.""".L_..,.V) '-'•..._,• .._,....,~ .. -..L 4..a..t'.t' __ ., .... ...,._,....,-..., ---------,----/ --------fl _ :!-: Supreme Court (1972). PlJBLICATIONS Ai~D SPEAKit'iG ENGAGElVIENTS: "The New Ethics Regulations -Confusing and Likely to Be Changed'', POSTMASTERS ADVOCATE, March 1991; "Sexual Harassment Revisited", POSTMASTERS ADVOCATE, May/June 1989; "Supreme Court Permits Office Searches of Public Employees", POSTMASTERS ADVOCATE, December 1987; "Twenty Rules for Effective Meaningful Bargaining'', POSTMASTERS ADVOCATE, August 1987; "Children as Negotiators: Is Theirs an Acquired or Inherited Trait?", POSTMASTERS ADVOCATE, June 1987; "The Law and Policy on Sexual Harassment", NATIONAL LEAGUE OF CITIES, 1984; "Collective Bargaining", NEW ENGLAND MUNICIPALITIES, 1982; reprinted, NIMLO LAW DOCKET, 1983 and WASHINGTON ASSOCIATION OF CITIES, 1983; ''Negotiation Impasse Planning", OKLAHOMA MUNICIPALITIES, 1981; "Municipal Strike Planning", COLORADO MUNICIPALITIES, 1980; SUPERVISOR'S GUIDE TO DISCIPLINE, 1979, revised 1985; "Management Negotiators: A New Breed", NATION'S CITIES, May 1978; "Rights of Criminals While Incarcerated", OHIO STATE UNIVERSITY LAW JOURNAL, 1978; DISCIPLINE AND GRIEVANCE HANDLING, 1973, revised 1986. ALTERNATIVE DISPUTE RESOLUTION TRAINING: Basic AAA Arbitrator Training, Denver, CO; AAA Advanced Arbitrator Training, New York, NY; Labor Arbitrator II, Phoenix, AZ; Advanced Arbitrator Training, Phoenix, AZ. LOCALE: Fort Collins, CO/Denver, CO/Loveland, CO