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Home My WebLink About2016-12-19 (Regular) Meeting Agenda PacketiP-= Englewood 1000 Englewood Pkwy -Council Chambers Englewood , CO 80110 1. Call to Order .~'. 0~ p.m . 2 . Invocation . k~s..Jl. 3 . Pledge of Allegiance. ~ ~ w.A.__ 4 . Roll Cal l. 5. Consideration of Minutes of Prev ious Session . AGENDA Regular City Council Meeting Monday, Dec. 19, 2016 • 7 :00 p .m . a . Minutes from the Regu lar City Council Meetin l of December 5 , 2016 . Moved by b:tl11 I 2nd by a ls ()l\ Approved ~-0 6. Recognition of Scheduled Public Comment. The deadline to sign up to speak for Scheduled Public Comment is Wednesday , pr ior 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 Counc il. There is an expectat ion that the presentation will be conducted in a respectful manner. Council may ask questions for clar ificat ion , but there will not be any dialogue . Please limit your presentation to five minutes .) a. Alison Carney, Communications Manager, will be present to discuss the 2017 Student Art Calendar Recognition . b. Jeremy Lott , Planner, will be present to discuss the Keep Englewood Beautiful Holiday Lighting Award Distribution . c . Chiles Freidman , Englewood resident and representative for Friends of Diversity Englewood , will ask Council to make Englewood a Sanctuary City for undocumented workers . d. Sean Crosier will address Council regarding a complaint against the Englewood Police Department. e. Coween Dickerson , Englewood resident , will address Council regarding communication. f. the Allen ." ic Please no te : If you ha ve a disability and need auxilia ry aids o r servi ces . p lease notify th e Gty of Eng lewood (303-762-2405 ) at least .l8 hours in ad v ance o f when services a re needed . 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. 9 . 10. 11 . a. Consent Age~a )terns r\ I ~ Moved by (; I\ If I 2"d by \J \ ~ 0() Approved i:-0 Approval of Ordinances on First Reading. i. Council Bill 50 -a bill for an ordinance to approve an Intergovernmental Agreement amending the previous agreement (Council Bill No . 5, Ordinance No. 7 , series of 2016), which amended funding for the River Run Project. Staff: Open Space Manager Dave Lee Approved ~-0 (., ii. Council Bill 52 -a bill for an ordinance to approve the Correction of the Sewer Easement for the Rite-Aid building. Staff: Utilities Director Tom Brennan Approved~ -0 ~ b . Approval of Ordinances on Second Reading . c. a . b. i. Council Bill 49 -A Bill for an Ordinance authorizing an Intergovernmental Agreement between Arapahoe County and the City of Englewood which will allow the Police Department to use the Arapahoe County Digital Trunked Radio System (DTRS). Staff: Commander Sam Watson Ordinance# SO Approvedl.-o \::i ii. Council Bill 48 -A Bill for an Ordinance authorizing the Englewood Police Department to accept state and federal funding from the Colorado Department of Transportation for traffic safety enforcement and education projects for calendar years 2017 through 2019 . S~ff: Commander Sam Watson Ordinance # 5 j Approved J.,-0 Resolutions and Motions . ~ Public Hearing Items . Ordinances , Resolutions and Motions . Approval of Ordinances on First Reading . Approval of Ordinances on Second Reading. Please note: If y ou ha ve a disability and need auxiliary aids or servi ce s. pleas e notify the City of Engl ewood 1303-762-2405 ) at least -18 hours in adv ance of whe n sef'\;ces are needed . i. Council Bill 51 -A Bill for an Ordinance authorizing Supplemental Mill Levy for 2017 General Obligation Bonds Staff: Director of Finance and (J Administrative Services Kathleer1Rinkel ~ - Ordinance # <;,!J Moved by ~ I I it I 2"d by a &Qr\_ Approved 'X-o c . Resolutions and Motions. i. Staff recommends Council approve, by motion , a professional services contract for project design and construction management with OV Consulting. Staff: Planner II John Voboril. 1 ] ~~\) Moved by 9//1!'{1 / 2"d by UlfO/\J Approved ~-0 11. Staff recommends Council approve, by motion , the Agreement for Underwriting Services to be provided by Stifel. Staff: Finance and Administrative Services Director Kat~~e T Rinkel QJ Moved by 6, l\ 1 / 2"d by ~Of\ Approved 7-0 ~ ()jNJ'\~cL 12 . General Discussion . a. Mayor's Choice. b. Council Members ' Choice . 13. City Manager's Report . 14 . City Attorney's Report . 15 . Adjournment. <a: b~ p.m. Please no te : If you have a d is ab ilit y and need au xiliary a ids o r servi ce s. p lea se notify th e City o f Englew ood ( 303-762 -24 05 ) at lea st 48 hour s in adv ance o f wh en se rv i ces are n eeded . Friends of Diversity-Englewood Statement to City Council of Englewood December 19, 2016 Hello. My name is Cathye Woody. I am a 38 year resident of Englewood and retired a year and a half ago from Englewood Schools where I served as administrator and teacher. I'm with a newly formed group called the Friends of Diversity Englewood . We currently have 76 members--a variety of Englewood residents--and we are adding more almost daily . Our goal is to promote inclusion of peoples from differing backgrounds, through community volunteering, outreach , education, and policy development. We are here tonight to urge the Englewood City Council to make the City of Englewood a Sanctuary City. A sanctuary city is a city that protects undocumented workers from deportation. They do this by enacting policies and practices in which law enforcement and other local authorities do not actively pursue undocumented immigrants for the purpose of deportation, nor do they actively investigate to determine if an immigrant is illegal ("What Are Sanctuary Cities?"). The only case in which law enforcement might pursue undocumented immigrants is if they are suspected of breaking a law that threatens the community, such as violent crimes. There are several benefits to the city for this type of policy: • Undocumented workers can continue to work without fear of authorities, provided they commit no violent crimes. • Local and county jails remain available to house real and viable human threats to a community because jail cells are no longer used as unnecessary holding areas for nonviolent offenders . • Sanctuary cities allow a city to say it will not enact policies prohibiting people from coming forward and reporting a crime if they are in this country illegally. This means undocumented workers are free to report crime without fear of immigration reprisals. • Law enforcement are free to focus on real crime issues, continuing to keep our neighborhoods safe. Energies are not diverted away from criminal activity or unnecessarily toward contributing undocumented workers . Additionally, many cities avoid developing policies that are harmful to our undocumented worker neighbors . Essentially this means that police officers and other city officials do not report to federal authorities any information regarding an undocumented worker unless a crime has been committed. It is my understanding this is already the current practice of Englewood police . Colorado has a number of cities that have already declared themselves sanctuary cities. These include, but are not limited to, Denver, Aurora , Commerce City, Thornton, Westminster, and Fort Collins ("Sanctuary Cities ... "). These cities recognize the importance and value of the contribution that our undocumented friends give to their respective communities. More importantly, these cities recognize the overall benefit to all residents of sanctuary cities. Recent studies show that many American cities are fighting to attract immigrant populations. Why? Because cities that are welcoming to immigrants benefit economically. Immigrant populations are more likely to start new businesses and revitalize the workforce (Hesson). As Englewood strives to attract new businesses and revitalize its economy, immigrants can play a key role in achieving those goals. In fact, immigrant businesses make up 11-12% of the small businesses in Colorado ("Immigrant Small Business Owners ... "). The key tenants of a sanctuary city are to thrive as an inclusive community, improve public safety, grow the local economy, and provide a greater sense of community. As residents of Englewood, we believe that an inclusive community that welcomes all peoples of differing backgrounds, religions, and ethnicities makes our neighborhoods a better place for our children and our community. We also believe that undocumented immigrants here now should not be victims of failed and unclear immigration policies and practices of the past. We would urge our city officials to ensure us that families will not be separated by deportations based on immigration status. Englewood as a sanctuary city becomes a safer and more diverse community, contributing to unite us all. We respectfully ask that you seriously consider all the benefits and develop practices and policies to make Englewood a shining example of how a sanctuary city empowers us all. Any of those listed below are available to help you in this regard, or answer any questions you might have. Thank you for your time. C. Arthur Biggs Catherine Buchanan Chiles Friedman Carol Harr Kelly Kane Suzanne Mullen Daryl Shute Cathye Woody clinton.biggs@gmail.com catherine.buchanan47@gmail.com cfreidma@gmail.com carolmharr@hotmail.com kellyckane@gmail .com suzmul@hotmail.com djshute1@gmail.com cathyewoody@hotmail.com Works Cited Hesson, Ted. "Why American Cities Are Fighting to Attract Immigrants ." The Atlantic. Atlantic Media Company, 21 July 2015. Web. 12 Dec. 2016. "Immigrant Small Business Owners A Significant and Growing Part of the Economy." Colorado Center on Law Policy. Colorado Fiscal Policy Institute, June 2012. Web. 8 Dec. 2016. "Sanctuary Cities and States Protecting Illegal Aliens in the United States -Colorado." Sanctuary Cities and States Protecting Illegal Aliens in the United States - Colorado. Sanctuary Cities Info, 2015 . Web. 08 Dec. 2016. "What Are Sanctuary Cities?" The Economist. The Economist Newspaper, 22 Nov. 2016. Web.OB Dec. 2016 11tlantic Why American Cities Are Fighting to Attract Immigrants Many metro areas with large foreign-born populations have thriving local economies. And now local governments all over the U.S. are trying to replicate their successes . Shannon Stapleton I Reuters TEO HESSON JUL 21, 2015 I BUSINESS TEXT SIZE f SilC'L + Like The Atlantic? Subscribe to the Daily, our free weekday email newsletter. I Email J s I G N UP ~~~~~~~~~ Immigrants take our jobs. They don't pay taxes. They're a drain on the economy. They make America less ... American. You've probably heard all of these arguments , especially with the country recovering from a financial disaster. Indeed, they've been heard for a century or two, as successive waves of immigrants to this nation of immigrants have first been vilified, then grudgingly tolerated, and ultimately venerated for their contributions. This time, too, there is ample evidence that immigrants are creating businesses and revitalizing the U.S. workforce. From 2006 to 2012, more than two-fifths of the start-up tech companies in Silicon Valley had at least one foreign-born founder, according to the Kauffman Foundation. A report by the Partnership for a New American Economy, which advocates for immigrants in the U.S. workforce, found that they accounted for 28 percent of all new small businesses in 2011. Immigrants also hold a third of the internationally valid patents issued to U.S. residents, according to University of California (Davis) economist Giovanni Peri. In a 2012 article published by the Cato Institute, the libertarian (and pro- immigration) think tank, Peri concluded that immigrants boost economic productivity and don't have a notable impact-either positive or negative-on net job growth for U.S.-born workers. One reason: Immigrants and native-born workers gravitate toward different jobs. Immigration isn't without its negative effects, especially on Americans who lack a high school diploma, according to George Borjas, a professor of economics and social policy at Harvard's John F. Kennedy School of Government. In a 2013 report published by the immigration-restrictionist Center for Immigration Studies, Borjas calculated that immigrants might have depressed the wages of native-born high school dropouts by 6 percent between 1990 and 2010, mainly due to foreigners who 'd arrived illegally. But immigration, on the whole, bolsters the workforce and adds to the nation's overall economic activity. Look at the impact on cities that attract the most foreign- born residents. New York, Los Angeles, Chicago, and Houston are all major immigrant destinations and also economic powerhouses, accounting for roughly one-fifth of the country's gross domestic product. In New York, immigrants made up 44 percent of the city's workforce in 2011; in and around Los Angeles, they accounted for a third of the economic output in 2 00 7. Immigrants tend to contribute more to the economy once they've learned English and become citizens. A few cities-notably, New York-have a long history of ushering immigrants into the mainstream society and economy. Other parts of the country have less experience with newcomers but are learning to adapt. Take Nashville, for instance. As recently as 2009, immigrants living in the Tennessee capital had reason to worry. A conservative city council member proposed amending the municipality's charter to require that all government business be conducted in English, allegedly to save money. This raised hackles. "Would the health department be allowed to speak Arabic to a patient?" or so The Tennessean, Nashville's leading newspaper, wondered. "Could a city-contracted counselor offer services in Spanish?" The voters apparently wondered, too, for they soundly defeated the English-only amendment, which had earned the enmity of businesses, religious organizations, and advocacy groups. "A significant moment in the city's history when it comes to immigration," recalls Nashville's mayor, Karl Dean, a Democrat who had recently taken office. "Since that moment, the city really hasn't looked back." The foreign-born population in the Nashville metropolitan area has more than doubled since 2000; immigrants accounted for three-fifths of the city's population growth between 2000 and 2012, and now constitute an eighth of all Nashville residents. When President Obama delivered a speech on immigration last December, he did it in Nashville. The city famed as the nation's country music capital now boasts the largest U.S. enclave of Kurds, along with increasing numbers of immigrants from Myanmar and Somalia. They've been drawn to Nashville's booming economy, which has ranked among the fastest-growing in the nation in recent years. But they're not only benefiting from the local prosperity-they 're contributing to it. Immigrants are twice as likely as native-born Nashville residents to start their own small businesses, according to data compiled by the Partnership for a New American Economy. They also play an outsized role in important local industries, including construction, health care, and hotels. Nashville has welcomed these immigrants with open arms, in ways that other municipalities around the country are trying to emulate. In the forefront is a nonprofit organization called Welcoming Tennessee, started in 2005 to highlight immigrants' contributions and potential role in Nashville's future. It put up billboards around Nashville-"Welcome the immigrant you once were," and the like-in hopes of defanging the political debate. The current race to elect a new mayor next month has drawn questions at campaign forums indicative of the new political tone, about how candidates would handle a diverse school system and assure that city services are available to all immigrants, legal or otherwise. The "welcoming" movement that started in Tennessee has evolved into "Welcoming America," a national network of organizations that preach the economic upside of immigration and help people adjust to life in the United States. Since 2009, 5 7 cities and counties, from San Francisco and Philadelphia to Dodge City, Kansas, have taken "welcoming" pledges, meaning that the local governments committed themselves to a plan to help immigrants assimilate. The private sector, too, has shown an interest in bringing immigrants into the mainstream of American life. Citigroup is promoting citizenship efforts in Maryland , while another big bank, BB&T , has been holding educational forums across the Southeast to explain a federal program that issues work permits to young undocumented immigrants. Retailers such as American Apparel go out of their way to help foreign-born employees learn English and apply for citizenship. Beyond motives of altruism lay considerations of the bottom line. Foreign-born residents now make up 13 percent of the U.S . population, a not-to-be-ignored share of the consumer market. The next generation is more lucrative still: One in four American residents younger than 18 has an immigrant parent. Local governments, mindful of their pressing economic needs, have taken the lead. Many cities have created offices devoted to serving "new Americans" locally. Dayton, Ohio, has intensified its efforts to redevelop a neighborhood with a growing Turkish community. Nashville runs a program called MyCity Academy, which teaches leaders from immigrant communities about local government. Not every community that dubs itself a "welcoming city" will be able to replicate Nashville's success. But Cecilia Mufioz, the director of the White House Domestic Policy Council, suggests some guidelines. Teaching immigrants how to speak English is "sort of foundational," she says, "but it's helpful if the conversation doesn't stop there," by also including how immigrants can thrive economically and gain access to health care. Mufioz endorses programs to connect ethnic leaders with local movers and shakers, to show the public that helping immigrants assimilate is "about all of us, as opposed to an 'us and them' kind of thing." The biggest obstacle to welcoming immigrants may be the usual one: a lack of resources. "Every area, you could probably be putting money into," says Nashville Mayor Dean. Even so, he's pleased that another potential obstacle-community opposition-has faded. "I'm sure there's people who are concerned," he says, "but they're quiet about it." He adds, with more than a trace of civic pride: "I call it the happy moment here, how well the city has adjusted to being more diverse ... It's a good story, and you've got to be encouraged by it." f Share ~ Tweet • Co111me1ts ABOUT THE AUTHOR TED HESSON is a writer based in Washington, D.C. He has written for National Journal, Vice, and Fusion. COLORADO FISCAL POLICY IN STITUTE Immigrant Small Business Owners in Colorado June 14, 2012 Today, the New York Fiscal Policy Institute's Immigration Research Initiative released a study examining the number and characteristics of immigrant small business owners across the country. The report, Immigrant Small Business Owners: A Significant and Growing Part of the Economy, provides a detailed profile of immigrant small business owners and the effect they have on the national and local economies. Key finding s from the data for Colorado: Immigrant Owned Small Businesses in Colorado • There are 13, 177 immigrant-owned small businesses in Colorado, according to a 2010 estimate. That's roughly 11 percent of the total number of small businesses in Colorado. • The total earnings of immigrant small business owners in Colorado is $684 million or 7 percent of the total earnings of small business owners in the state, according to a five-year average from the American Community Survey. Immigrant Business Ownership Closely Linked with Immigrant Labor in Colorado • As the immigrant share of the labor force has increased over time, so too has the immigrant share of small business owners in Colorado . • This trend exists at the national level as well, see FPI report page 14. 14.00% 12.00% 10 .00 % 8 .00 % 6.00% 4.00 % 2.00 % 0.00 % Immigrant share of small business owners compared with Immigrant share of labor force in Colorado 11 .56 % 4.75 % 1990 2000 2010 10.84% -Immigrant share of labor force -Immigrant share of self-employed incorporated Page 1of3 • Immigrants make up a slightly larger share of business owners than their share of the labor force and of the population . • Immigrant owned small businesses have mushroomed from 2,499 in 1990 to 13, 177 in 2010. At the same time, all other small businesses grown from 49,983 to 108,345. • Denver Metro Area data mimics the national pattern. Foreign-Born Share of Foreign-Born share Foreign-born share of Population of labor force bu siness owners Denver Metro Area 12 % 14 % 16 % United States 13% 16 % 18 % Top Five Industries for Immigrant Business Owners in Colorado • In Colorado the top two industries for both US-and Foreign-Born small business owners are the same -professional, scientific, management, administrative and waste management services and construction. US-Born SEI in Colorado by Industry #of Individuals US-Born Rank Professional, Scientific, Management, Administrative, and 28148 I Waste Management Construction 21767 2 Finance, Insurance , Real Estate, and Rental and Leasing 14843 3 Educational, Health and Social Services 9629 4 Other Services (Except Public Administration) 6753 5 Foreign-Born SEI in Colorado by Industry # of Individuals Foreign-Born Rank Professional , Scientific, Management, Administrative, and 2166 1 Waste Management Construction 1858 2 Arts, Entertainment, Recreation , Accommodations , and Food 1466 3 Services Other Services (Except Public Administration) 1263 4 Educational, Health and Social Services 985 5 Ratio of Foreign-born Business Ownership to U.S.-born Business Ownership • In the Denver Metro Area immigrants are 10 percent more likely to own a small business than their U.S.-born counterparts, matching the national ratio. • State-wide, immigrants are 20% less likely to own a small business compared to their U.S.- born counterparts. Business owners as a Business owners as Ratio of Foreign-born share share ofU.S.-born a share of foreign-to U.S .-born share labor force born labor force Denver 4.2% 4 .7% l. I Colorado 4.9% 3 .8% 0 .8 United States 3.3% 3 .5% 1.1 Page 2 of 3 Education Amongst Small Business Owners and the Labor Force • Like their U.S.-born counterparts, the majority of Colorado immigrant small business owners do not have a college degree. • In Colorado, immigrant small business owners lag behind US-born small business owners by 12% in regard to completing a Bachelor's degree or more. A slightly larger gap of 13% exists in the wider labor force. Colorado US-born Foreign-born % SEI Bachelor's Degree or more 49.43 % 37.42 % % LF Bachelor's Degree or more 36.68% 23 .16 % • Across the United States as a whole, immigrant small business owners lag behind US-born small business owners by Jess than 2% in regard to completing a Bachelor's degree or more. A similar gap exists amongst the wider labor force . United States US-Born Foreign-born % SEI Bachelor's Degree or more 43.84 % 42 .3 8 % % LF Bachelor's Degree or more 29.18 % 27 .96 % Conclusions Immigrant small business owners play a significant role in Colorado's economy, a role that has grown as the number of immigrant workers in the state's labor force increases. In many respects, immigrant small business owners in Colorado are similar to their U.S.-born counterparts in educational attainment and other characteristics. Most importantly, immigrants share the American entrepreneurial spirit and, as this data shows, want to share in the American dream . Source: The Fiscal Policy lnstitute's Immigration Research Initiative, Immigrant Small Business Owners: A Significant and Growing Part of the Economy. 14 June 2012. www.fiscalpolicy.org. Page 3 of 3 Sanctuary cities and states offering assistance and protection to illegal aliens and "undocumented workers" .Sit emap SANCTUARY CITIES AND STATES INFORMATION RESOURCE COLORADO HAS ONE OR MORE CITIES OFFERING ILLEGAL SANCTUARY • Aurora, Colorado • Commerce City, Colorado • Denver, Colorado • Durango, Colorado (2003) (Sanctuary status disputed by City Manager, see below) • Federal Heights, Colorado • Fort Collins, Colorado • Lafayette, Colorado • Thornton, Colorado • Westminster, Colorado Please remove Durango from your website. We are not now nor have ever been a Sanctuary City. Ron LeBlanc City Manager 949 E. 2nd Ave. Durango CO 81301 970-375-5005 See Blog Response HERE Hickenlooper signs bill allowing driver's licenses for illegal immigrants Written by Ivan Moreno Associated Press 6 / 5/ 1 3 DENVER -Immigrants living illegally in Colorado will be able to get driver's licenses under a bill signed Wednesday by Gov . John Hickenlooper, adding the state to a handful of others that provide a legal way for immigrants to use the roads. The issue has picked up momentum this year, with Oregon and Nevada passing laws in recent weeks, and Connecticut 's governor expected to pass a measure that lawmakers appro ve d last week. Hickenlooper said he saw the proposal as a step toward changing the nation 's immigration laws. "I'm not trying to tell Congress what form that takes, any of the details , but we are moving in that direction, and this is something that's a first step ," the Democratic governor said. Supporters of the bill argued that everyone on the roads should know the rules and be insured , regardless of their immigration status. The licenses would be labeled to say they are not valid for federal identification and can't be used to vote , obtain public benefits or board a plane. Hickenlooper said immigrants should have licenses that allow them to drive to work, get insurance , and be identified in car accidents, while at the same time making clear they are not U.S. citizens. New Mexico, Illinois and Washington state already grant driver's licenses to immigrants who are in the country illegally. Utah grants immigrants a driving permit that can't be used for identification. Nevada 's bill , signed into law last week, requires immigrants to prove their identity with a passport or birth certificate, and the "driving privilege cards" must be renewed annually. In Colorado, immigrants pass a driver's license test and prove they 're paying state and federal taxes. They also must show an identification card from their country of origin. The licenses would be renewed every three y ears . But opponents argued there's no way to verify the identities of immigrants with certainty , and they worried the licenses wouldn't necessarily lead to more people having insurance. Republican Sen . Kevin Lundberg said he worried the proposal would encourage more people to come to Colorado illegally. Colorado 's bill takes effect Aug. 1, 2014. Legislative analysts who worked on the bill estimate that more than 45 ,000 immigrants will apply for licenses the first year. 1 8 Colorado governor signs bill for illegal immigrants' in-state tuition By Anthony Cotton for The Denver Post 4 /29 /1 3 Marking the end of a decade-long effort to provide in-state tuition rates to Colorado college students in the U.S. illegally , Gov. John Hickenlooper signed Senate Bill 33, also known as the ASSET bill, into law on Monday. "Now you have to do the work," Hickenlooper told the man y students among the hundreds of people attending the event at Metropo litan State University of Denver 's Student Success Center. 1 8 Arrested in Loveland Immigration Raid AP, July 1 6, 2008 LOVELAND --Immigration officials arrested 1 8 people Wednesda y in a raid at a concrete plant in Loveland Wednesday. An advocacy group criticized the raid, saying immigration reform rather than raids that separate families are needed. U.S. Immigration and Customs Enforcem ent said the 1 8 workers arrested were in the country illegally. One was from El Salvador and the rest were from Mexico. Packed jail tied to illegal immigration Steve Lynn for the Vail Daily , June 8 , 2008 EAGLE -Jesus Adrian Romero talks excitedly in the Eagle County jail with a handful of other inmates, many of .whom entered the United States illegally. Romero and the other men in their 20s chatter in Spanish about what life is like in jail as Jairo Esparza, a fellow inmate, quickly translates. One has been accused of firing a shotgun at and wounding a man at the Dotsero volcano. Another man has been accused of biting off a man 's ear . 8 arrested in Aspen suspected of immigration violations AP, May 3, 2008 ASPEN , Colo. (A P) -Federal authorities say they arrested eight people after an early-morning immigration raid an at Aspen home. Federal officials would not provide details of the investigation that led to the arrests Thursday. U.S. Immigration and Customs Enforcement spokesma n Carl Rusnok says releasing information would compromise the agency's investigation. Aspen Police Chief Richard Pryor says his department assisted in the raid. Immigration raids lead to Avon arrests Melanie Wong for the Aspen Times, April 26, 2008 AVON, Colo. -Seven people were arrested from the Aspen Trailer Park in Avon on Wednesday after a raid by U.S. Immigration and Customs Enforcement. ICE agents were also looking for people in Edwards , but no arrests were made. The arrests were part of the "fugitive operations program ," which targets illegal immigrants who have received federal orders of deportation but have not complied, said ICE spokesman Carl Rusnok. "These are targeted operations looking for specific people ," he said. Those operations "give top priority to cases involving aliens who pose a threat to national sec urity and community safety, including members of transnational street gangs, child sex offenders, and aliens with prior convictions for viole nt crimes ," according to the agency's website. The Economist The Economist explains Explaining the world, daily The Economist explains What are sanctuary cities? Nov 22nd 2016, 23:00 by H.B.C. I LOS ANGELES AT A press conference two days after Donald Trump was elected president, Bill de Blasio, New York's mayor, sought to assuage the fears of his city's undocumented residents. "We are not going to sacrifice a half-million people who live amongst us, who are part of our communities, whose family members and loved ones happen to be people in many cases who are either permanent residents or citizens-we're not going to tear families apart." During his campaign, Mr Trump vowed to deport millions of undocumented immigrants from America. The leaders of New York and several other "sanctuary" cities such as Seattle, Chicago and San Francisco (pictured) insist they will resist any such dragnet. What is a sanctuary city? There is no specific legal definition for what constitutes a sanctuary jurisdiction but the term is widely used to refer to American cities, counties or states that protect undocumented immigrants from deportation by limiting cooperation with federal immigration authorities. Some decline to use city or state tax dollars to enforce federal immigration laws. Many prohibit local officials from asking people about their immigration status. Sanctuary policies can be mandated expressly by law or practiced unofficially. Proponents say they help ensure that undocumented immigrants don't avoid reporting crimes, seeking healthcare and enrolling in schools for fear of deportation. Los Angeles was the first to institute such policies in 1979 when the city's police department forbade officers from detaining people with the objective of finding out their immigration status. An unofficial tally by the Centre for Immigration Studies, a non-profit organisation that studies immigration, categorises some 300 cities, counties and states as sanctuary jurisdictions, including the cities of New Orleans and Boston, and the entire states of California, Connecticut, New Mexico and Colorado. Scrutiny of sanctuary jurisdictions intensified last July after a young American woman was shot in San Francisco by a man who was in the United States illegally, had seven previous felony convictions and had already been deported five times. In a campaign speech in August, shortly after the shooting, Mr Trump vowed to block funding to areas deemed uncooperative with federal immigration authorities. "We will end the sanctuary cities that have resulted in so many needless deaths," he promised."[They] will not receive taxpayer dollars." Reince Priebus, Mr Trump's chief of staff, confirmed in a television interview on November 20th that the administration intends to make good on Mr Trump's campaign vow. If the administration proceeds with cuts, the results could be dire: according to CNN, New York alone could lose $t0-4bn in funding for social services and other municipal programs. Mr de Blasio called Mr Trump's threat to cut funding for sanctuary areas "dangerous" but cast doubts on whether the president-elect would actually follow through. Rahm Emanuel, Chicago 's mayor, is also sceptical: "I don't believe they'll do it, because that would mean every major city in the United States would be targeted," he reasoned. "They will make a choice that this is not the battle they want to take on because they have bigger fish to fry." Slashing funding is the surest way to attack sanctuary areas; combatting them legally could prove more difficult. A recent court ruling in Illinois deemed it unconstitutional for federal officials to ask local jails to detain suspected undocumented immigrants without a warrant. Such challenges could make it difficult for the Trump administration to follow through on its threats. Indeed Mr Trump was conspicuously silent on deportation in a YouTube address on November 21st in which he laid out his policy agenda for the first 100 days of his presidency. Logical fallacies For the sake of brevity and clarity, these few definitions are copied from http://www.logicalfallacies.info Arguments from ignorance infer that a proposition is true from the fact that it is not known to be false. An appeal to consequences is an attempt to motivate belief with an appeal either to the good consequences of believing or the bad consequences of disbelieving. This may or may not involve an appeal to torce Post Hoc fallacy: The Latin phrase "post hoc ergo propter hoc " means , literally , "after this therefore because of this." The post hoc fallacy is committed when it is assumed that because one thing occurred after another, it must have occurred as a result of it. Mere temporal succession, however, does not entail causal succession. Just because one thing follows another does not mean that it was caused by it. This fallacy is closely related to the cum hoc fallacy . Red Herring The red herring is as much a debate tactic as it is a logical fallacy. It is a fallacy of distraction, and is committed when a listener attempts to divert an arguer from his argument by introducing another topic. an arguer may be prevented from proving his point by distracting him with a tangential issue. Straw Man A straw man argument is one that misrepresents a position in order to make it appear weaker than it actually is, refutes this misrepresentation of the position, and then concludes that the real position has been refuted. This, of course, is a fallacy, because the position that has been claimed to be refuted is different to that which has actually been refuted; the real target of the argument is untouched by it. Fallicist's Fallacy The fallacist's fallacy involves rejecting an idea as false simply because the argument offered for it is fallacious. Having examined the case for a particular point of view, and found it wanting, it can be tempting to conclude that the point of view is false . This, however, would be to go beyond the evidence. A proposition therefore should not be dismissed because one argument offered in its favour is faulty. Circular or Begging the Question: An argument is circular if its conclusion is among its premises, if it assumes (either explicitly or not) what it is trying to prove. Such arguments are said to beg the question. A circular argument fails as a proof because it will only be judged to be sound by those who already accept its conclusion. Having a right to X is the same as other people having an obligation to allow you to have X , so such arguments begs the question , assuming exactly what it is trying to prove. Complex question fallacy. The complex question fallacy is committed when a question is asked (a) that rests on a questionable assumption, and (b) to which all answers appear to endorse that assumptio "Have you stopped beating your wife?" This is a complex question because it presupposes that you used to beat your wife, a presupposition that either answer to the question appears to endorse. "Are you going to admit that you're wrong?" Answering yes to this question is an admission of guilt. Answering no to the question implies that the accused accepts that he is in the wrong, but will not admit it. No room is left to protest one's innocence. This is therefore a complex question, and a subtle false dilemma . Bifurcation (false dilemma) The bifurcation fallacy is committed when a false dilemma is presented, i.e. when someone is asked to choose between two options when there is at least one other option available. Of course, arguments that restrict the options to more than two but less than there really are are similarly fallacious. Equivocation fallacy: The fallacy of equivocation is committed when a term is used in two or more different senses within a single argument. For an argument to work, words must have the same meaning each time they appear in its premises or conclusion. Arguments that switch between different meanings of words equivocate, and so don't work. This is because the change in meaning introduces a change in subject. If the words in the premises and the conclusion mean different things, then the premises and the conclusion are about different things, and so the former cannot support the latter. PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT December 19, 2016 Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. Please limit your presentation to three minutes PLEASE PRINT NAME ADDRESS TOPIC • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: Amendment To December 19, 2016 9ai Agreement With Urban Drainage and Flood Control No.11-07 .25E Initiated By: Staff Source: Department of Parks, Recreation and Dave Lee, Open Space Manager Library PREVIOUS COUNCIL ACTION • Council Bill No . 5, Ordinance No . 7, Series of 2016 authorizing an amendment to an agreement regarding construction of drainage and flood control improvements for the South Platte River at Oxford Avenue Agreement No . 11-07.25D between the City of Englewood, Urban Drainage and Flood Control District, Arapahoe County, City of Sheridan and the South Suburban Parks and Recreation District regarding River Run Trailhead . • 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 betwe~n 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 Trail head 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 2010 Riverside Park Planning grant between Arapahoe County and the City of Englewood, Colorado. • Resolution 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 to approve an Intergovernmental • Agreement amending the previous agreement (Council Bill No. 5, Ordinance No . 7, series of 2016), which amended funding for the River Run 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 Platte Working Group members include ; City of Englewood, City of Sheridan, City of Littleton, Arapahoe County, 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 "River Run Project". Key projects in the area include a passive walking/biking trail on the east side of the river, new kayak chutes 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 River Run Trailhead (northeast corner of Oxford Avenue and the South Platte River) at Broken Tee Golf Course . This agreement formalizes the next phase of funding in the amount of $11,097,000 for the South Platte River Project from Urban Drainage, Arapahoe County, Englewood, Sheridan and South Suburban Park District. This phase will construct additional river improvements , an east side trail from Union to Oxford Avenues and additional access to the river. FINANCIAL IMPACT There is no financial impact to the City of Englewood for this amendment to the agreement. Englewood previously contributed 15.09% as a percentage share toward the project or $1,675 ,000.00. There are no additional funding contributions anticipated as evidenced in the tables below from the Amendment to the Agreement. ITEM AS AMENDED PREVIOUSLY AMENDED 1. Final Design $1,470 ,000 $1,470,000 2 . Construction 9,627 ,000 6,742,000 3. Contingency -0--0- Grand Total $11 ,097 ,000 $8 ,212,000 • • • Percentage Previously Additional Maximum Share Contributed Contribution Contribution DISTRICT 21.15% $2 ,347 ,000 $ -0-$2 ,347 ,000 CWCB 1.34% $ 149,000 $ -0-$ 149 ,000 COUNTY 36 .87% $2 ,891,000 $1,200 ,000 $4,091 ,000 SHERIDAN 11 .26% $ 900,000 $ 350 ,000 $1,250 ,000 ENGLEWOOD 15.09% $1 ,675 ,000 $ -0-$1 ,675 ,000 SSPR 14.29% $ 250,000 $ 1,335,000 $ 1,585,000 TOTAL 100.00% $8 ,212 ,000 $2 ,885 ,000 $11 ,097,000 LIST OF ATTACHMENTS Ordinance • • • • • ORDINANCE NO. SERJES OF 2016 BY AUTHORJTY COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE AUTHORJZING AN AMENDMENT TO AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH PLATTE RJVER AT OXFORD A VENUE AGREEMENT NO. 11-07 .25E BETWEEN THE CITY OF ENGLEWOOD, THE URBAN DRAINAGE AND FLOOD CONTROL DISTRJCT, ARAPAHOE COUNTY, THE CITY OF SHERJDAN AND THE SOUTH SUBURBAN PARKS AND RECREATION DISTRJCT REGARDING RJVER RUN 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 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 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 1 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 Englewood City Council authorized an amendment to 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" between the City of Englewood, Urban Drainage and Flood Control District, Arapahoe County, City of Sheridan and the South Suburban Parks and Recreation District regarding River Run Trailhead, by the passage of Ordinance No. 7, Series of2016; 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 River Run 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. 11-07.25E" amending funding for the River Run Project. 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 .25E, between Urban Drainage and Flood Control District, 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 A venue" Agreement No. 11-07 .25E, 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 19th day of December, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 22nd day of December, 2016. 2 • • • • • • Published as a Bill for an Ordinance on the City's official website beginning on the 21st day of December, 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 19th day of December, 2016. Loucrishia A. Ellis 3 • • • AMENDMENT TO AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH PLATTE RIVER AT OXFORD A VENUE Agreement No. 11-07 .25E 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 "PARTIES"; WITNESSETH: 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. l l-07.25A) dated April 17, 2014, and 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. 1 l-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, PAR TIES now desire to add additional funding for construction of Phase II East Bank Trail Improvements and bring in grant reimbursement money from Phase I; and WHEREAS, PARTIES desire to increase the level of funding by $2,885,000; 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 PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: I. 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\11 \110725E 1 E x H I B I T A B. C . 2. Construction of improvements; 3. Contingencies mutually agreeable to PARTIES. It is understood that PROJECT costs as defined above are not to exceed $11,097,000 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 9,627,000 6,742,000 3. Contingency -0--0- Grand Total $11,097,000 $8,212,000 This breakdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this Agreement provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest. 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 21.15% $2,347,000 $ -0-$2,347,000 CWCB 1.34% $ 149,000 $ -0-$ 149,000 COUNTY 36.87% $2,891,000 $1,200 ,000 $4,091,000 SHERIDAN 11.26% $ 900,000 $ 350,000 $1,250,000 ENGLEWOOD 15 .09% $1,675,000 $ -0-$1,675,000 SSPR 14 .29% $ 250,000 $ 1,335,000 $ 1,585,000 TOTAL 100.00% $8,212,000 $2,885,000 $11,097,000 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 Avenue and the South Platte River. 2. Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows: 5. MANAGEMENT OF FINANCES As set f01th in DISTRICT policy (Resolution No . 11, Series of 1973 , Resolution No. 49, Series of 1977, and Resolution No. 37, Series of2009), 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. \dcm\agrmnt\11 \110725E 2 • • • Payment of each party's full share (CWCB -$149,000, COUNTY -$4 ,091,000, SHERIDAN -$1,250,000, ENGLEWOOD -$1,675,000; SSPR-$1,585,000; DISTRICT-$2 ,347,000) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days ofrequest 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 ifthere 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 . 3. 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\agrmnt\11 \II0725E 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) ATTEST: \dcm\agmmt\l l \110725E 4 • • • • • • CITY OF SHERJDAN (SEAL) ATTEST: \dcm\agmmt\11 \II0725E By _____________ ~ Title. ____________ _ Date ____________ _ 5 (SEAL) ATTEST: Loucrishia A. Ellis, City Clerk \dcm\agrmnt\11 \II0725E 6 CITY OF ENGLEWOOD • Joe Jefferson, Mayor • • • (SEAL) ATTEST: • • \dcm\agnnnt\11 \110725E 7 SOUTH SUBURBAN PARKS AND RECREATION DISTRICT Title ___________ _ • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: December 19, 2016 9aii Rite-Aid -707 E. Jefferson Ave., Amended -Vacation of Existing Sewer Easement and Grant of Sewer Easement Initiated By: Staff Source: Utilities Department Tom Brennan, Director of Utilities PREVIOUS COUNCIL ACTION Council approval of the original Vacation of Sewer Easement, Grant of Sewer Easement Agreement and Grant of Temporary Construction Easement to KRF-965 LLC. RECOMMENDED ACTION The Utilities staff recommends Council approval of the Correction of the Sewer Easement for the Rite-Aid building. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED KRF 965 LLC purchased the former Bally's property located at 285 and Clarkson St . They are proposing to build a Rite-Aid store and reconfiguring the property for the most advantageous use of the site . KRF 965 submitted a request to exchange the existing 20' wide Sewer Easement and will be establishing a new 20' wide Sewer Easement. The Englewood Water Board, at their November 8, 2016 meeting, approved the Correction of the Sewer Easement Agreement to KRF 965 LLC. Council approved the original Vacation of Easement, Grant of Easement and Grant of Temporary Construction License at their March 14, 2016 meeting. It was later discovered that the 20' easement must be shifted 1.2' to the south to prevent it from being in the building's foundation. FINANCIAL IMPACT Correction of the existing sewer easement will be done at the sole expense and liability of the licensee, KRF 965 LLC. LIST OF ATTACHMENTS Bill for Ordinance Correction Sewer Easement • Rite -Aid Exchange of ROW & City Ditch Easement II , • • • fjJ) 1. CALL TO ORDER ENGLEWOOD WATER & SEWER BOARD Regular Meeting November 8, 2016 The regular meeting of the Englewood Water and Sewer Board was called to order at 5:00 p.m. on Tuesday, November 8, 2016 at 1000 Englewood Parkway, Englewood, CO 80110 by Chairman Clyde Wiggins. fjJ) 2. ROLL CALL Members present: Burns, Jefferson, Wiggins, Oakley, Roth, Habenicht, Gillit, Yates, Moore Members absent: None Also present: Tom Brennan, Director of Utilities .~ 3. MINUTES The Board received a copy of the July 12, 2016 Water Board Minutes. Motion: To approve the July 12, 2016 Water and Sewer Board Minutes. Moved: Burns Seconded: Roth Ayes : Motion carried. ~ 4. PUBLIC FORUM None . Q 5. NEW BUSINESS a. 2100 W. LITILETON BLVD. -CITY DITCH -PUBLIC SERVICE ELECTRICAL CONDUIT Public Service Company has requested a Grant of Temporary Construction Easement and a City Ditch Crossing License Agreement to install a buried electrical line encased in a conduit for The Grove at Littleton. It is located on the southeast corner of W. Littleton Blvd. and S. Bemis St. Englewood's City Ditch right-of-way runs through a portion of the property, requiring license agreements for crossing the City Ditch with a buried electrical line. The electrical conduit will be buried 30" deep and run to a transformer located next to the building. Motion: Moved : To recommend Council approval of the City Ditch Grant ofTemporary Construction Easement and a City Ditch Crossing Agreement for the Public Service Company of Colorado for an electrical conduit at 2100 W. Littleton Blvd . Habenicht Seconded: Gil lit Ayes: All Motion carried . • ~ • b. RITE-AID VACATION OF EXISTING SEWER EASEMENT AND GRANT OF SEWER EASEMENT. KRF965 LLC purchased the former Baily's property located at 285 and Clarkson St. A Rite-Aid store is being built and the existing 20' wide sewer easement was reconfigured for the most advantageous use of the site. Council approved the original Exchange of ROW, Grant of ROW and Grant of Temporary Construction License at their March 14, 2016 meeting. It was later discovered that the 20' easement must be shifted 1.2' to the south to prevent it from being in the building's foundation. Documents will be forthcoming and will be forwarded to Council, once finalized and approved by the City Attorney's office. Motion: Moved : To recommend Council approval of the Vacation of Sewer Easement, Grant of Sewer Easement Agreement and Grant of Temporary Construction Easement to KRF-965 LLC for the Rite-Aid store located at 285 and S. Clarkson St. Gillit Seconded: Burns Ayes: All Motion carried. • ' • • • ~ c. ALLEN PLANT ALULM RESIDUALS RISK ASSESSMENT City Council requested a study be performed to access the potential risk of harm to plant workers and adjacent neighbors from exposure to Technologically Enhanced Naturally Occurring Radioactive Materials (TENO RM) in the water treatment residuals generated at the plant, and to evaluate the Allen Water Treatment Plant's residuals management practices, from generation through processing, storage and disposal. Integral's proposal brings together a team of scientist and engineers from three companies, Integral Consulting Inc., Dewberry Engineers Inc., and Two Lines Inc. to perform a health risk assessment, an evaluation of radionuclide health effects and an evaluation of the current treatment process and alternative treatment processes . Integral Consulting's proposal for its services is $111,675 .00. Wayne Oakley commented that he supports the study and likes that the processes are being addressed. Don Roth believes that Integral Consulting will be a good team and he was impressed with the Allen Water Filter Plant informational video. Steve Yates discussed how the video can be used for recruiting. Motion: Moved: Recommend Council approval of the proposal from Integral Consulting, Inc. for RFP-16-020, Risk Assessment for Allen Water Filter Treatment Plant Water Treatment Residuals and Technologically Enhanced Naturally Occurring Radioactive Materials (TENORMs) Management in the amount of $111,675.00. Burns Seconded: Roth Ayes: All Motion carried. ~ 6. STAFF'S CHOICE a. MEMO DATED OCTOBER 31, 2016 FROM COLORADO WATER TRUST. The Board received a memo thanking Englewood for their participation in the Colorado Water Trust's Flowing Waters Partnership . 7. ADJOURNMENT. The meeting adjourned at 5:23 p.m. The next Water and Sewer Board meeting will be Tuesday, January 10, 2016 at 5 :00 p.m . in the Community Development Conference Room . Sincerely, Cathy Burrage Recording Secretary Englewood Water and Sewer Board • • • • • • WATER AND SEWER BOARD PHONE VOTE November 10, 2016 A phone vote was conducted for the members of the Englewood Water and Sewer Board for the November 8, 2016 Water Board meeting. 1. MINUTES OF THE MAY, 2016 WATER & SEWER BOARD MEETING. Motion: Moved: Ayes: Members not reached: Nays : Motion carried. To approve the May 8, 2016 Water and Sewer Board Minutes. Habenicht Seconded: Roth Moore, Habenicht, Oakley, Gillit, Jefferson, Wiggins, Roth Yates None The next meeting will be held January 10, 2016 at 5:00 p.m. in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary Englewood Water & Sewer Board • • • ORDINANCE NO . SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER ------ A BILL FOR AN ORDINANCE AUTHORIZING A CORRECTION SEWER EASEMENT WHICH WILL VACA TE AN EXISTING SEWER EASEMENT FOR THE CONSTRUCTION OF RITE AID PHARMACY LOCATED AT 707 EAST JEFFERSON A VENUE, ENGLEWOOD, COLORADO . WHEREAS , KRF 965 LLC PURCHASED THE FORMER Bally's property located at Highway 285 and South Clarkson Street to construct a Rite-Aid Pharmacy at the location; and WHEREAS , a Sewer Easement was granted and recorded with the Arapahoe County Clerk and Recorder on April 27 , 2016; and WHEREAS, in reconfiguring the property for the most advantageous use of the site it was discovered that the 20 foot Sewer Easement that was granted must be shifted 1.2 foot to the South to prevent the Sewer Easement from being in the building's foundation; and WHEREAS , KRF 965 LLC requested that the former Sewer Easement be vacated and replaced with a Correction Sewer Easement which will shift the Rite Aid Sewer Easement 1.2 foot to the South and not be in the building 's foundation; and WHEREAS , the vacation of the former Sewer Easement and the construction of the corrected Sewer Easement will be at the sole expense and liability of the Licensee, KRF 965 LLC; and WHEREAS, the Englewood Water and Sewer Board recommended the vacation of the former Sewer Easement and approval of the Correction Sewer Easement in order for KRF 965 LLC. to shift the Rite Aid Sewer Easement 1.2 foot to the South and be in the building's foundation, at their November 8, 2016, meeting. 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 "Correction Sewer Easement", attached hereto as Attachment 1, and the vacation of the previously granted Sewer Easement for KRF 965 LLC . to construct a Rite Aid Pharmacy located at 707 East Jefferson Avenue, Englewood , Colorado . Section 2. The Mayor and City Clerk are authorized to execute and attest said Correction Sewer Easement for and on behalf of the City of Englewood. 1 Introduced , read in full , and passed on first reading on the 19th day of December, 2016 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 22nd day of December, 2016. Published as a Bill for an Ordinance on the City 's official website beginning on the 21 st day of December, 2016 for thirty (30) day s . 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 19th day of December, 2016. Loucrishia A. Ellis 2 • • • • • • CORRECTION SEWER EASEMENT THIS CORRECTION SEWER EASEMENT is made on . . . . , 2016, will vacate the previous Sewer Easement recorded in Arapahoe County Clerk"and Rccorde~·oii .Ap.ril 27, 2016, Reception # 06043314, Book 483, Pages 38 and 39, and establish a new 20' wide sewer Easement, between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation of the State of Colorado herein after referred to as Grantor whose address is I 000 Englewood Parkway, Englewood, Colorado 80110 and KRF 965, LLC, a corporation of the State of Colorado, herein referred to as Grantee, whose address is 1509 York Street #20 I, Denver, CO 80206. WHEREAS, KRF 965 LLC purchased the fonner Bally's property located at 285 and Clarkson Street to build a Rite-Aid store and arc reconfiguring the property for the most advantageous use of the site; and WHEREAS, a Sewer Easement was granted and recorded with the Arapahoe County Clerk and Recorder by the City of Englewood; however it was later discovered that the 20' casement must be shifted 1.2' to the South to prevent it from being in the Rite Aid building's foundation; and WHEREAS, KRF 965, LLC is requesting that the former Sewer Easement be vacated and replaced with this Correction Sewer Easement. The Parties covenant and agree as follows: I. Easement Propertv. The "Easement Property" shall mean the real property located in the City of Englewood, County of Arapahoe, State of Colorado, more particularly described in attached hereto and incorporated herein as Exhibit "A" -"Sewer Easement which consists of 2 Pages . Said parcel contains 2.498 square feet, or 0.0573 Acres more or less. Also known by the street address of: 707 East Jefferson A venue Englewood, CO 80113 2. Consideration. As consideration for this Grant, Grantee shall pay to Granter the sum of Ten Dollars ($!0.00) and other good and valuable consideration paid by Grantee, receipt of,\hich is hereby acknowledged by Granter. 3. Grant of Easement. Grantor hereby grants to City, its successors and assigns, a perpetual casement over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing, removing and enlarging those structures or improvements of City that City finds necessary or desirable for a sewer line including related equipment. 4. Access. City shall have the perpetual, none:-.clusive right to ingress and egress in, to, over, through and across the Easement Property for any purpose necessal)' or desirable for the full enjoyment of the rights granted to City under this Grant . A T T A c H M E N T 1 5. Restoration. Grantee City agrees that after the construction, maintenance, repair, replacement, or enlargement ofany of the lines and appurtenances, Grantee shall restore the surface of the Easement Property as nearly as reasonably possible to the grade and condition it was in immediately prior to said construction, maintenance, repair, replacement, or enlargement, except as may be necessary to accommodate the lines and appurtenances. 6. No improvements . Grantor covenants and agrees not to construct, erect, place or plan any "improvements," as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee . "Improvements" shall mean any structure or building. Grantee shall have the right to remove, without any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. 7. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership , use and occupancy of the Easement Property insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 8 . Warranty of Title. Grantor warrants and represents that Grantor that it is the fee simple owner of the Easement Property and that Grantor has full right, title and authority , and that this Grant is effective to grant and convey to Grantee the easements for waterlines and tire hydrants. Grantor further covenants and agrees to indemnify, defend and hold Grantee hannless from and against any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 9. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal representatives , successors and assignees of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land . IN WITNESS WHEREOF, the parties hereto have executed this Corrected Sewer Easement the day and year first above written. GRANTOR: CITY OF ENGLEWOOD By :-------------·-----·---- Joe Jefferson, Mayor ATTEST: --·--·-·--·-------------Loucrishia A. Ellis , City Clerk • • • • • • ST A TE OF COLORADO ) ) SS . COUNTY OF .~})-~-~1/:-) GRANTEE: KRF965, LLC KATHERINE L BETTIS NOTARY PUBLIC STATE OF COLORADO NOTARY 10 # 20164022330 MY COMMISSION EXPIRES JUNE 10 . 2020 ' r- The foregoing instrument was acknowledged before me this ~ day of ... 0 e 0~ I~ .• 2016 by Jimmy Balafas as Chief Executive Officer of KRF 965, LLC. My Commission expires : ::C\.u., e.. -. \.2 7-U ·~ \ • • • EXHIBIT "A" SEWER EASEMENT LEGAL DESCRIPTION FOR SEWER EASEMENT: A PARCEL OF LAND LOCATED IN THE NORTHEAST ~ OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M., BEING A PORTION OF LOT 2, BLOCK 1, JEFFCLARK SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS 81.45 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT 2 WHENCE THE NORTHEAST CORNER OF SAID SECTION 3 BEARS N27'21'44"E, 646.39 FEET; THENCE S89"45'53"E, 124.87 FEET TO THE WEST LINE OF THE VACATED ALLEY AS DESCRIBED IN BOOK 1753 AT PAGE 486 OF THE ARAPAHOE COUNTY RECORDS; THENCE soo·12'11''W ALONG SAID WEST LINE OF VACATED ALLEY, 20.00 FEET; THENCE DEPARTING FROM SAID WEST LINE OF VACATED ALLEY N89"45'53"W, 124.88 FEET TO A POINT ON THE WEST LINE OF SAID LOT 2 SAID POINT ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF SOUTH WASHINGTON STREET; THENCE N00'14'07"E ALONG SAID WEST LINE OF SAID LOT 2. 20.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 2,498 SQUARE FEET OR 0.0573 ACRES MORE OR LESS. BASIS OF BEARINGS: AN ASSUMED BEARING OF S00"13'03"W BEING THE EAST LINE OF THE NORTHEAST ~ NORTHEAST ~ OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M. BETWEEN TWO FOUND MONUMENTS; ONE BEING A 1.5" DIAMETER STEEL AXLE AT THE NORTHEAST CORNER OF SAID SECTION AND THE OTHER BEING A 2" DIAMETER ALUMINUMCAP STAMPED LS #27011 IN A RANGE BOX AT THE SOUTHEAST CORNER OF THE NORTHEAST ~ NORTHEAST ~. DAMIEN CAIN PLS 38284 FOR AND ON BEHALF OF 39 NORTH ENGINEERING AND SURVEYING LLC 4495 HALE PARKWAY SUITE 305 DENVER, CO 80220 PREPARED BY: 39 NORTH ENGINEERING AND SURVEYING LLC 4495 HALE PARKWAY SUITE 305 DENVER, CO 80220 PH: 303-325~5071 EMAIL: domien.cain@39north.net SHEET 1 OF 2 I EXHIBIT "A" SEWER EASEMENT POINT OF BEGINNING NORTHEAST CORNER SEC. 3, T5S, R68W FOUND 1.5 " AXLE IN RANGE BOX LOT 2, BLOCK 1 JEF"F"CLARK SUBDIVISION 124.87" se9·45•53•E 3: • ~ ,,,.....,.....,....,....,....-r-/,...,....,,....,....,/ / / / / / / ;?/ / / / / / ,. / ; /';~ / / / ,. ;:·· ~·-1 ~1 ~~/:;~~$·~ ~~;~~~~D 0 LOT 2, BLOCK 1 H JEFFCLARK SUB . VACATED ALLEY /' I ; I SWR. & UTIL. ESMT . 61 .45 BK 1753 PG 486 . /. SW CORNER / OF LOT 2, BLOCK 1 JEFFCLARK SUB . EAST JEFFERSON A VENUE (HAMPDEN AVENUE BYPASS) 60 ---30 SCALE: 1 "=30' --- SHEET 2 OF 2 • • • ·' 'I • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: December 19, 2016 9bi lntergovern m enta I Agreement -Arapahoe County Digital Trunked Radio System (DTRS) Initiated By: Staff Source: Police Department Commander Sam Watson PREVIOUS COUNCIL ACTION City Council previously approved an Intergovernmental Agreement to use the Arapahoe County Digital Trunked Radio System (DTRS) (Ordinance No. 27, Series of 2005). RECOMMENDED ACTION The Police Department is recommending that City Council approve an Ordinance on second reading authorizing an Intergovernmental Agreement between Arapahoe County and the City of Englewood which will allow the Police Department to use the Arapahoe County Digital Trunked Radio System (DTRS). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Arapahoe County owns, operates and maintains a Digital Trunked Radio System (DTRS) which consists of radio sites containing trunked radio repeaters, related electronic hardware equipment, software, and towers/antennas. Arapahoe County has integrated their DTRS with the statewide DTRS which is managed by the Consolidated Communications Network of Colorado (CCNC). Arapahoe County has granted the Englewood Police Department permission to use this system for the purpose of radio communications. FINANCIAL IMPACT The cost to.use the DTRS is based on the total number of portable and mobile radios (124 + 54 = 178). The cost for each radio is $25, for a total of $4,450 per year. This amount has already been allocated in the Police Department budget. LIST OF ATTACHMENTS Bill for an Ordinance Arapahoe County Intergovernmental Agreement • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE REGARDING SHARED USE OF ARAPAHOE COUNTY 'S RADIO COMMUNICATIONS NETWORK SYSTEM [AND CONSOLIDATED COMMUNICATIONS NETWORK OF COLORADO (CCNC)]. WHEREAS , Arapahoe County owns, operates and maintains a Digital Trunked Radio System (DTRS) which consists of radio sites containing trunked radio repeaters , related electronic hardware equipment, software, and towers/antennas ; and WHEREAS , Arapahoe County has integrated their DTRS with the statewide DTRS which is managed by the Consolidated Communications Network of Colorado (CCNC); and WHEREAS , Arapahoe County and the City of Englewood Police Department are each authorized to utilize radio communications in the performance of their various governmental functions; and WHEREAS , the City Council of the City of Englewood approved an Intergovernmental Agreement to use the Arapahoe County Trunked Radio Sy stem (DTRS) by the passage of Ordinance No. 27 , Series of 2005 ; and WHEREAS , this intergovernmental agreement is necessary, proper and convenient for the continued preservation of the public peace, health and safety and for providing a more cost effective and efficient use of governmental resources; and WHEREAS , the funds have been budgeted for this project; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood , Colorado hereby au thorizes entering the "Intergovernmental Agreement Regarding Shared Use Of Arapahoe County's Radio Communications Network System [And Consolidated Communications Network of Colorado (CCNC)]" between Arapahoe County and the City of Englewood , 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 5th day of December, 2016 . 1 Published by Title as a Bill for an Ordinance in the City's official newspaper on the 8th day of December, 2016 . Published as a Bill for an Ordinance on the City's official website beginning on the 7th day of December, 2016 for thirty (30) days. Read by title and passed on final reading on the 19th day of December, 2016. Published by title in the City's official newspaper as Ordinance No._, Series of2016, on the 22nd day of December, 2016. Published by title on the City's official website beginning on the 21st day of December, 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 the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2016. Loucrishia A. Ellis 2 • • • r • • • INTERGOVERNMENTAL AGREEM.EN't°RE'GARDiNG SHARED USE OF ARAPAHOE COUNTY'S ~lo COMMCNICA.:TlONS NEtWORK·SYST;EM fAnd Consolidat~d Coirimu~icatfons Network of Colorado (CCNC)] This Intergovernmental Agreement entered into this 1st day of October, 2016 1 by and between, Ar~pahoe County 1 Coloracfo, (hereinafter the ii county") .and City of Englewood, hereinafterrefe1Ted to . as ·"Subscriber'·\ ·hereinafter :collectively refened to tbe. p::µ-ties; WHEREAS; pursuant to the . provisions · of Sections 29-·1-203 C.R.S-., and . ·sectfon l 8.(2J(a) of Arti¢le XIV of the Colorado Constitution. Ooverrunental entities ar~· authorized t() co.operate and. co.ilt):aC:t with eac;b . other fot the· ·purpose of intergover.11tnentally providing any function, service, or fa:cility a'Uthorized tq . it, and fm:the~ incJuding authority ~o provlcfe fQ.r the.joint. ex~tcise of such function ,. s.eiYice, or faciHties; and WHE~AS, in th<;: p~rformance .of its gpvernmental f(lnctions,, the · County has obtained a· Digital Tnink.ed Radio System ·(hereinafter' sometimes referred to as ''DTRs") presently corn~isting of radio . site~ containing tnu~ked rajio r¢pea,t~rs, relateQ electronic lw.rdware ·.eqqipineht, software, and towers/antennas; arid WHEREAS, ·the. Coµnty · 9perate11 and maintains the DT.RS for a,n impr<;>ved radi,o colnmµnicatiorts. fun~tiot~ fcit its .various goverrurteritafftmctions including law enforcement, toad and· bridge,. a11imal control, building 'inspection, public safety and. genen).l govemmental radio comm.unication,s; and . WHEREAS, the Courtt~(has ·infograte~ their DTRS. with the statewi4c;r :DTR$, whi~h i~. managed by the ConsoH4cited .Cornn;mhi~atiqns. N~twork of Colorado ·ccCNC), 'and migrated all public safety ·to digital coinmuniC.ations for the · mutual benefit of all ·use1:s and: au~omatic .interoperability; a11c.! WHEREAS·, the County and Subs.ctiber are: each authotized to utilize radio. commµnications in th~ performa.nce .ofth~il" vari.c;>us goveriimental fun¢ti .ons;.and WHEREAS, the plU'ties wish to cooperate in proviQ.ing such .services and equjpm,entnow .separately operated by the .l')arties; ruid · · · WHEREAS, ·the ·parties have determiMd t~t this. Agreement is nece~sary, proper and convenient foi· the contH1ued fostering and preservation of the public peace, ·health and safety, and for providing a. in.ore . cost .effective and efficient ·use of governmental resources; NOW, THEREFORE,· IT IS AGREE.D by and bet\veen the. County and the Subs.criber as foU:ows : · · · · 1. The Cmmty agrees to perrnit .the Subscriber to utifrze the Ccmnty' s portion of the statewide .DTRS pt.frsuant tel' the terms and conditions of this agreement. As a partial reimbursement for the Countts cost ii1 obtafoing and maintainin~ the DTRS, Subscriber MOU/I GA for Radio Nerivork Pag~ I 6f4 pages E x H I a I T A INTERGOVERNMENTAL AGREEMENT REGARDING SHARED USE OF.ARAPAHOE COUNTY'S RADIO ·COMI\1.UN:ICATION:S:.NETWORK.SYSTEM [And Con$ol(dated Comnmnk~tfons .Netwoi;k ~f Colorado (CCNC)] shall ·pay to the County a one-time . user fee in the sum -of"$325 ;00. for ·each seriaHzed device adde.d after Januruy 1,.2017~ and shall be eptjtl,ed to use a portfon of the DTRS needed by Subscriber ror its law enforcement; fire, public works . a:nd other .govei"nmental pµrposes , subj.ect to the tenns .and conditions · of .this Agreeme.nt. Subscriber shatr pay such fee to the County no latettban thirty (30) days .aftet the annual billing in FebrµaryQf the· following year, This fee is a·pplicable to each additional serialized device that is placed on the. County's portion :of the .DTRS. Replacement devices are not subject to this fee~ Said paymeht shali be · made· to Arapahoe Co(inty for depo·sit in the County's DTRS Deyelop.me.n,t C'OTRSD") account for. use as set forth. in para~r~ph 12. i. Subject to anmtal ·budgeting and . appropriation, Subscriber shall also pay ati annual operation and rtiai.i~tenance fee of $25.00 per seriali;zed d~vice. This fee wili be bilied in February, for the previous year; and each year thereafter., arid shall be diJ.e and . payable within. thirty (30) days of s~ch billing. 3, The .. CCNC has made available 7 talk groups · :from th~· DTRS. fqr tise by . Su,bscribe,:. A talk group is .. generally defined as a computet designated allocation for the routing of 'transmitted radio. or ·data uiessages <>n a -,multi-frequency . ttunkec.l radio system, such, as the DTRS . 4. The Cotincy shall obtain any and all pe1:mits; ce1tificti,tes anq licenses· required by any rules, rC!gulations ~nd Jaws for the ope1•ation of theDTRS. Subscriber will cooperate with the County, to the extent necessary~ in obtaining such p~rm,its, cert~fi-c;atesa,nd· lice~e$. 5", To the best ofits abilify, the County shall prot(!~t and maintain its portion of the DTRS in proper operating · c·onditio.h in such .a manner that the DT.RS services " shall ~e effic.iei:itly. rendereci fo the parties as and when needed. 6. The County agrees to furnish qualified personnel to· provide 9peratiortal control of the. DTRS. Operational control is d¢emed to include all .facets of'a ,c.ommunications network, including; hµt :not limited ·to, preigrain,. transmission, reception,, usage and· ailocation of the networl<. · Subscriber'shall be responsible for purci-iasirtg mobile .and port.abl.e radi()s. compatible with. the DTRS. Subscrib!'!r .$hall also · be responsible for the maintenance, repair and irtsurance.of·its radios filid ·equiprnent needed for use of the DTRS : Subscriber· and . its ag~nt.(s) agree to opei;ate on the DTRS: iil accordance with FCC Rules· & Regulations, Coup.fy Policies a11d CCNC Stao.dard Op.erational Proyedures (SOP),. 7. The Cow1ty shall pay for all expe,1,15es . of every.kind or nature incurred irt the operation of the DTRS. Subscriber shall not be li'able for any qebts or liabiliti.es contracted or incun:eq by th!.'l ~Cmmly or any othe:r enthy that may .utilize the DTRS'. The. County. shall ;. at all times, carry and maintain adequate insurance co'verage to protect the properties of the DTRS again$t fire~ loss or other hazards fuat may impair the operations. MOU/JG A for Radio Network Page 2 of 4 page~ \ • • • t • • • INTERGOVERNMENTAL AGREEMENT REGARDING SHARED. us:re OF ARAPAHOE COUNTY':S AAD.10 COMMJJ,NICAT{ONSNETWORJ( SYSTEM. [And .Consolidated C9mmurtiCations NetWork of Cql.9rad9 (CCNC)] 9. 10. ll. 12. Subscribe!'. is: allo_cated 7 secured. communication. talk groups. Additioriai. system talk ,groups may be requested in writing t9 the Teclm.ical Committee of CCNC .. The , Cqunty may allow other S11bscnqers ·t<;> use .the I)TRS· ptovided such entities enter into .an agreement similar to this Iritergovernme11tal Agreement and whose IIiember~hip has b~en approved by CCNC .. Each party to this . Agreement and each paity · to any other agreement with Arapahoe Cou.n:ty for ih~ use of th~ DTRS shall :annually. certify the number of radios . thatit uses: as part ofthe DT.RS by Jrumary I st of e~cbyea.t. The Coil1J,ty h~reby agree~· to· separately. account for the user fees received. and utiHze ·such monies. solely for eqttipn.1ent . replacerri:eilt, ~riha~cemehts,. or the purpha.se of additjq1~al equipment needed for the, DTRS·. Any proposed expenditure .is -subject . to the review and recommendation. ofth.e ArapaJ1~ Cotinty ·&heriff s Offi.ce and apprqyal of the. Board of CountY,·Con:nnissfoners.· · 13. To· the ·extent allowed by law.the Subs¢ribet sh<~.11 indemnify '!lld hold harmless, the County an:d hs elected ~1d appointed oflicials, officers, employe·es and ·agents from and against any ~1d ;tll lqsses, damages, liabUities, claims, suits, .actions or aw~cis, including cost!l-,. expenses and attorneys ·fees,. incurred .or occ3$ioned as. ·a r;esult of; the acts or: omissions o:f the Subscriber, or its principals, employees~ agertts or .. sub~ontractors atisu~g out of or iµ any ·way conn~cted . with the perfonnance of services und.er thi.s Agr~ement, The Sttbscdber's obligation to indemnify pursuant to this paragraph,. and to provide any exte.ndedinsurap.ce coverage. wh~re applicabl~; shall survive: the completion ·of the scope !of servfoes and shall survive the termination. of this Ag1ceeme1+t. 14 : Either party inay t¢rnlina:te its pajicipation fo :the DTRS upon at least one-yeari~ written notice to the ·other party . .tn the event ·of-Subscriber.'s termination of this agreertiei1t undet· thjs. paragraph, Subscriber shall nqt be entitled· fo . any · distribution fr-Om the DTRSD . account In the event . of the County"s termination qf this. agreelp.ent as tQ all user(s), the County shall negotlate. with the other user($) for the purchase of its ' poitfon of the DTRS by the · other pser(s) and for the assignment Qr transfer of any. license,. permitsj leases . and/or related agteerilents associated with. the DTRS. Pursuant to any purchase· agreement~ the Co:unty-wif.! transfer the balance· of DTRSD accoUn.t to· the ·purchaser. In the event of Q:iµti.ia,l termip.ation by all uset(s) of the Cow1ty's ·portion of the DTRS,. the balance. of the DTRSD account will be diStributed' on a pro..;rata basis · to all ttsers. bi:tse.d upon each user':s historical c<;>ntribution to the 01.RSD account. .Subscribers do not have· a. :vested interest.in the DTRSD account. Failure. to timely pay the animal ope~ation and mamt~,nance ·fee, as .se~ forth iii para,graph 2, by Sti.bscribet shall be deemed a default of this agreenienfand grounds _(or termination th~reof. In such instance, the County may terminate this ~gteement upon sixty (60) days' prior written i1otice to Subscribe~ .arid · the Cpurity may eliminate. the . ~ransl.1.1.ission capability of the Subscti:ber. :Subs·ctiber shall not he entitled to arty distribution from the· MOU/lGA for' Radio .Network Pag~3 of4pages '• INTERGOV£~MENtAL AGREEMENT REGARDING ·slfARED'USE OF ARAPAHOE COUNTY'S RADIO"COMMUNlCATIONS NETWORK SYSTEM'. (And Cons~Jid~ted Com~uuications Netiv·~rl~.ofCoio~ado .(CCNC)] • DTRSD .. acqoun:t. 16. Notices to_ b~ provided unqer the Agreement shall 'be. given in-writing either 'by hand de~v.ety~ or · deposited in the . United. States Mail~ With suffl~ient post~ge,. to. th~ foUowing: ~OUNTY: Arapahoe :County Sheriff·s Office 13101 E.. Bronco.s l'arkway· Centennfat.1 CO 801)2-45~8 spascrunER: Subsc(iber CoI1t~ct Subscdb.er .Address .. f7 . ThiS, .agteement cohstitutes the. entire · understanding .between the parties and. shall supersede au pr~Qr negodatiqns~ Jepresentations,, .or agreements whether wtitten 'Or oral. 18. This .Agreement may not be modified. or amended unless: :r:nutu.:illy 1;1;greed .up<;>µ, in writing,. ,by tP,e parties her~to, Unless otherwise . agreed ,in writing, the. Agreement and the 'interpretatioij thereqf shall.be gqverned by the laws .. oi 1:he.:$ta,te of Colorado .. Loucri·shia A. Ellis City Clerk Pate . ATTEST: Clerk to the aoar:d ·pate:------------ CITY OF ENGLEWOOD, CO Joe .Jefferson Mayor ARAP A~IOE"COUNTY,, CO Chairwml, Board . of Conimissiorters MOU/IGA{or·Radio Network Page 4 Of 4 pages • • • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: December 19, 2016 9bii LG.A. with the Colorado Department of Transportation -Traffic Safety Education and Enforcement Projects Initiated By: Staff Source: Police Department Commander Sam Watson COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has previously approved the Police Department to receive funding from the Colorado Department of Transportation for a variety of traffic safety education and enforcement programs (Ordinance No.1, Series of 2014) . RECOMMENDED ACTION The Police Department is recommending that City Council adopt a Bill for an Ordinance (on second reading) authorizing the Englewood Police Department to accept state and federal funding from the Colorado Department of Transportation for traffic safety enforcement and education projects for calendar years 2017 through 2019. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Colorado Department of Transportation (CDOT) has solicited police departments throughout the State of Colorado, including the Englewood Police Department, to participate in traffic safety education and enforcement programs. CDOT provides both State funding and Federal pass-through funding for these programs. CDOT often gives very little notice when they announce their safety campaigns; therefore this is a comprehensive request for all CDOT projects initiated with this funding in 2017, 2018, and 2019. We actively participate in state funded enforcement programs such as the High Visibility Impaired Driving Enforcement Program. We also participate in federally funded traffic safety education and enforcement programs such as the Mini-Grants Program and the "Click It or Ticket" Program . FINANCIAL IMPACT State funding comes directly from CDOT . Federal funding is from the U.S. Department of Transportation (USDOT), National Highway Traffic Safety Administration (NHTSA), State and Community Highway Safety Grant Program and is passed through CDOT . Overtime costs for police officers are reimbursed to the Englewood Police Department by CDOT. This funding allows us to be more proactive in our enforcement efforts throughout the year. The amount of funding varies by year. In 2016, we are due to receive approximately $31,603 . LIST OF ATTACHMENTS Bill for an Ordinance High Visibility Impaired Driving Enforcement Application (example) Click It Or Ticket Application (example) • • • • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING INTERGOVERNMENTAL AGREEMENTS FOR THE APPLICATION FOR AND ACCEPTANCE OF COLORADO DEPARTMENT OF TRANSPORTATION GRANTS A WARDED TO THE CITY OF ENGLEWOOD FOR VARIO US PROJECTS RELATED TO TRAFFIC SAFETY EDUCATION AND ENFORCEMENT DURING CALENDAR YEARS 2017, 2018 AND 2019. WHEREAS, the Colorado Department of Transportation (CDOT) has solicited city police departments throughout the State of Colorado, including the City of Englewood, to participate in traffic safety education and enforcement programs; and WHEREAS, some of the funds are State funds and some are Colorado Department of Transportation (CDOT) pass-through of Federal Funds; and WHEREAS, the Englewood City Council authorized the application for and acceptance of COOT Grants for projects related to traffic safety education and enforcement during the calendar years of 2011, 2012 and 2013 by the passage of Ordinance No. 19, Series of 2012; and WHEREAS, the Englewood City Council authorized the application for and acceptance of CDOT Grants for projects related to traffic safety education and enforcement during the calendar years of2014, 2015 and 2016 by the passage of Ordinance No. 1, Series of2014; and WHEREAS, CDOT often gives little notice when they announce their safety campaigns, the application and notice of awards are done by e-mail; and WHEREAS, the passage of this Ordinance will authorize the City of Englewood to accept funding from the Colorado Department of Transportation (CDOT) for various projects related to traffic safety education and enforcement for all projects initiated in 2017, 2018, and 2019; and WHEREAS , federal funds are being used for these projects. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of Colorado Department of Transportation Grants awarded to the City of Englewood for funding of various projects related to traffic safety education and enforcement during calendar years 2017, 2018, and 2019 . Section 2. The City of Englewood Police Department is hereby authorized to apply for and accept Colorado Department of Tran s portation grants awarded to the City of Englewood for and on behalf of the City of Englewood, Colorado for the calendar years 2017, 2018, and 2019, attached hereto as Exhibit A. Section 3. Funding for the Traffic Safety and Education programs and the "Click It Or Ticket" program are received from the Colorado Department of Transportation which are passed through from the U .S. Department of Transportation (USDOT), National Highway Traffic Safety Administration (NHTSA) and the State and Community Highway Safety Grant Program . Section 4. The funds for the "High Visibility Impaired Driving " Program are State of Colorado funds which are used to reimburse the City for personnel overtime costs for these projects so the costs to the City are limited to the costs of processing and accounting of the funds , which costs are budgeted annually in the police budget. Introduced , read in full , and passed on first reading on the 5th day of December, 2016. Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 8th day of December, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 7th day of December, 2016 for thirty (30) days . Read by title and passed on final reading on the 19th day of December, 2016. Published by title in the City's official newspaper as Ordinance No ._, Series of 2016 , on the 22nd day of December, 2016. Published by title on the City 's official website beginning on the 21 st day of December, 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 th e 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 • • • HIGH VISIBILITY IMPAIRED DRIVING ENFORCEMENT JULY 1, 2016 -MAY 31, 2017 APPLICATION FOR FUNDS Office of Transportation Safety (OTS) will provide funding for overtime enforcement of Colorado's impaired driving or July 4th, Sturgis Rally, Labor Day, Fall Festivals, Halloween, Thanksgiving, Holiday Parties, New Year's Eve, Winter Blitz, Super Bowl Weekend, St. Patrick's Day, Spring Events, Memorial Day, and Summer Blitz. The selection and funding of participating agencies will be based on: • The mission, goals, strategy and objectives of COOT, • problem identification data relating to impaired driving related caused injury and fatal crashes, • and statistical analysis of local, state, and federal impaired driving related statistics. TO APPLY FOR FUNDING Your agency agrees to: 1. Provide overtime to officers for enforcement of Colorado's impaired driving laws at checkpoints, saturation patrols, increased patrols, or as dedicated enforcement cars in at least 10 of the 14 enforcement periods; 2. Utilize only officers who are currently SFST certified to conduct roadside maneuvers; 3. Report your enforcement plans and activity to the CDOT website before the specified deadlines; 4. At least 1 representative from your agency must attend CDOT's annual grant training; 5. Submit claims on CDOT forms with backup documentation within 45 days after the end of each enforcement period, to paul.peterson@state.co.us. 6. Submit an annual report (covering the enforcement campaigns that your agency participated in) on the High Visibility Enforcement report form included in your claim workbook with your final claim. To apply for consideration of funding, return this form via email no later than: May 9, 2016 To: Bruce Sheetz, Law Enforcement Coordinator bruce.sheetz@state.co.us Phone: 303-757-9355 • (COMPLETE project coordinator, secondary contact, and budget/finance information is required) Agency: Englewood Police Project Coordinator: Toni Arnoldy Phone Number: 303-762-2490 ~~~~~~~~~~~~~~~- Em a ii Address: tarnoldy@englewoodgov.org Secondary Contact: Jeff Sanchez Phone Number: 303-762-2494 ~~~~~~~~~~~~~~~- Em a i I Address: jsanchez@englewoodgov .org Budget/Finance: Kathy Cassai ~---'"--~~~~~~~~~~~~- Phone Number: 303-762-2411 Em a i I Address: kcassai@englewoodgov .org Send Check to: City of Englewood Atten : Kathy Cassai Address: 1000 Englewood Parkway, Englewood, CO 80110 ENFORCEMENT PERIODS BELOW DATA BASED ON 04/01/15 -03/31/16 JULY 4TH $900.00 NEW YEAR'S EVE $1,200.00 #OF GRANT FUNDED DUI ARRESTS: 45 STURGIS RALLY $2,050.00 WINTER BLITZ $2,100.00 #OF AGENCY FUNDED DUI ARRESTS: 174 LABOR DAY $4,300.00 SUPER BOWL $900.00 TOTAL# OF DUI ARRESTS: 219 FALL FESTIVALS $3,500.00 ST. PATRICK'S $1,750.00 #OF IMPAIRED DRIVING INJURY CRASHES: 6 HALLOWEEN $1,200.00 SPRING EVENTS $4,200.00 #OF IMPAIRED DRIVING FATAL CRASHES: 1 THANKSGIVING $2,300.00 MEMORIAL DAY $1,200.00 TOTAL# OF IMPAIRED/FATAL CRASHES: 7 HOLIDAY PARTIES $1,500.00 SUMMER BLITZ $1,500.00 TOTAL FUNDING REQUEST $28,600.00 • E x H I B I T A 2016 CLICK IT OR TICKET CAMPAIGNS ***** NHTSA RURAL SPRING, STATEWIDE MAY MOBILIZATION, AND RURAL SUMMER WAVES APPLICATION FOR FUNDS Campaign Goals: Increase compliance with Colorado's occupant protection and graduated drivers licensing laws (GDL) and increase public awareness of the likelihood of receiving a ticket and suffering serious or fatal injuries for failing to properly use occupant protection systems. TO APPLY FOR THE CAMPAIGNS Your agency agrees to: 1. Provide overtime enforcement of Colorado's child passenger safety, GDL, and adult occupant protection laws through speeding and other aggressive/hazardous driving contacts during authorized time periods; 2. Strictly enforce all child, teen, and adult driving violations with a zero tolerance (no warnings) stance; 3. Conduct pre and post seat belt surveys, and enter results on the CDOT website by specified deadlines; 4. Report all requested enforcement activity (both overtime funded and regular duty) to the COOT website by specified deadlines; 5 . Provide CDOT with a copy of your agency's current seat belt policy; 6. Submit claims for reimbursement on current COOT forms with backup documentation within 45 days after the end of each enforcement period; 7. Return local benefit documentation on your agency letterhead (mandatory requirement for funding). Rural funding is offered to all counties other than Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo, and Weld. Allocations will be based on available funds, unbelted fatality rates, compliance rates, and past performance. All counties are eligible for May Mobilization. If you are a police agency in a rural area of one of the above counties, or a sheriff's department that has rural areas in one of these counties and ou would like to conduct enforcement include that information in our email. All Colorado agencies are eligible for Statewide May Mobilization enforcement. Allowable Charges: 1. Pay for enforcement activities at your agency's overtime or set enforcement rate; 2. Pay for conducting pre (within 1 week prior to start of enforcement) and post (within 1 week after the end of enforcement) seat belt surveys, at a maximum of 2 hours per survey. To apply for consideration of funding, please return this form via email by: March 1, 2016 Send to: Bruce Sheetz, Law Enforcement Coordinator at: bruce.sheetz@state.co.us (Complete project coordinator and secondary contact information are required) Agency: Englewood Police Department Project Coordinator: Toni Arnoldy ~~~~----~~~~~~~~~~~~ Phone Number: 303-762-2490 Email Address: tarnoldy@englewoodgov.org Secondary Contact: Jeff Sanchez Phone Number: 303-762-2494 ~~~~~~~~~~~~~~~~~ Email Address : jsanchez@englewoodgov.org ENFORCEMENT WAVES SPRING RURAL -03/28 -04/03 MAY MOBILIZATION -05/23 -06/05 SUMMER RURAL -07 /20 -07 /26 ESTIMATED ENFORCEMENT HOURS 0.00 FUNDING REQUEST $0.00 53.00 0.00 ADDRESS AND CONTACT WHERE YOUR PURCHASE ORDER AND REIMBURSEMENT CHECK ARE TO BE SENT: PO BOX/ ADDRESS: 1000 Englewood Parkway Englewood, CO 80110 ATTENTION: Kathy Cassai EMAIL ADDRESS : kcassai@englewoodgov.org PHONE NUMBER : 303-762-2411 $3,100.00 $0.00 53.00 TOTALS $3,100.00 COUNCIL COMMUNICATION Date Agenda Item December 19, 2016 11 bi Initiated By Department of Finance and Administrative Services PREVIOUS COUNCIL ACTION Subject Bill For An Ordinance Establishing The 2016 General Obligation Bond Mill Levy Collected in 2017 for the Englewood Police Department Headquarters Staff Source Kathy Rinkel, Director City Council approved an ordinance setting forth the ballot language and submitting to a vote of the registered electors a General Obligation Bond (GOB) for the construction of a new Englewood Police Department Headquarters . Ballot Issue No . 2C was passed by the voters on November 8, 2016 . On November 28, 2016, Staff along with the PFM Group discussed the proposed ordinance, the 2016 mill levy to be collected in 2017 and the payments to cover the debt service . RECOMMENDED ACTION Staff recommends Council approve a bill for an ordinance establishing a 2016 mill levy to be collected in 2017 specifically for two payments to cover the debt service associated with the series 2017 bonds , and which was .pressly allowed under the ballot issue No . 2C . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood assesses property tax for the general government operations and for the General Obligation Bonds Debt Service Fund . The GOB mill levy for the Englewood Police Department Headquarters building, for collection in 2017 must be certified to Arapahoe County by December 15 , 2016 . Due to Arapahoe County timing, the mill certification required to cover the 2017 payments is required in advance of the sale of the bonds . The first year's debt payments will be structured to exactly match the amount we are requesting in this mill levy. Because of the timing of our regular Council Meetings and the late timing of the Election, Arapahoe County has allowed the City to submit the mill certification after 1st reading approval with the understanding that we may need to remove it if it does not pass on second reading scheduled for December 19th . FINANCIAL IMPACT With a sale of bonds in early 2017 , two payments on the debt are expected. This mill levy will cover the cash needed to make those payments. Based on the assessed valuation for the City of Englewood as certified by the Arapahoe County Assessor, the estimated net assessed value of all properties in Englewood for 2016 is $575,373,717 . This 2016 mill is 3.819, which will be collected in 2017 for the General Obligation Bond debt service for the Englewood Police ~partment Headquarters building . This amount has not been budgeted, but will be included as a budget •pplemental upon Council approval. The amount budgeted for the GOB Englewood Police Department Headquarters building Debt Service will be $2,200,000. For example, assuming a 20-year term on the sale of our bonds, a homeowner with a $200,000 dollar home in Englewood would pay the following to the City of Englewood in 2017 : Market Value Assessment Ratio Assessed Value Englewood Police Department Headquarters GOB Debt Mill Levy Taxes Paid for GOB Debt for Englewood Police Department Headquarters Bldg LIST OF ATTACHMENTS Proposed bill for an ordinance $200 ,000 7.96% $15,920 3.819 $60.80 • • • • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE ESTABLISHING THE 2016 GENERAL OBLIGATION BOND MILL LEVY COLLECTED IN 2017 FOR THE CONSTRUCTION OF A NEW ENGLEWOOD POLICE DEPARTMENT HEADQUARTERS BUILDING. WHEREAS, Article X, Section 20 of the Colorado Constitution, commonly known as TABOR restricts the City from raising mill levies without a vote of the citizens; and WHEREAS, on November 8, 2016 the citizens of Englewood passed Ballot Issue No. 2C for a General Obligation Bond; and WHEREAS, passage of Ballot Issue No. 2C authorized the City to issue $27 million in General Obligation Bonds for the purpose of financing the acquisition, construction, and related capital improvements for use as a new Englewood Police Department Headquarters Building; and WHEREAS, the mill levy enacted by this Ordinance is an incremental addition to mills to be levied and certified for the year 2016; and WHEREAS, the mill levy enacted by this Ordinance will cover two payments to cover the debt service associated with the Series 2017 Bonds , and was expressly allowed under the language in the Ballot Issue; and WHEREAS, based upon the assessed valuation for the City of Englewood, as certified by Arapahoe County Assessor, the estimated new assessed value of all properties in Englewood for 2016 is $575,373,717; and WHEREAS, the 2016 Mill to be collected in 2017 for the General Obligation Bond Debt Service for the construction of the new Englewood Police Department Headquarters Building is 3.819 mills; and WHEREAS, the amount budgeted for the General Obligation Bond will be $2,200,000 . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. That there be and hereby is levied for the year of 2016, due and payable as required by statute in the year 2017, an incremental tax of 3 .819 mills on the dollar for the General Obligation Bond Debt Service Fund of the City of Englewood, Colorado . That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified by law. Introduced, read in full, and passed on first reading on the 5th day of December, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 8th day of December, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 7th day of December, 2016 for thirty (30) days. Read by title and passed on final reading on the 19th day of December, 2016. Published by title in the City's official newspaper as Ordinance No. , Series of 2016, on d -the 22" day of December, 2016. Published by title on the City's official website beginning on the 21st day of December, 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 the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2016. Loucrishia A. Ellis • • • > • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: December 19, 2016 11 ci Professional Services Contract -Safe Routes to School Project Design and Construction Management Services with OV Consulting Initiated By: Staff Source: Community Development John Voboril , Planner II PREVIOUS COUNCIL ACTION Community Development presented to City Council a number of potent ial Safe Routes to School grant projects at the December 7 , 2015 City Council study session. City Council was favorable to staff returning to Council at the January 4 , 2016 regular meeting with final recommended applications . City Council approved a motion directing Community Development to apply for the Broadway/Mansfield and Broadway/Tufts Enhanced Safety Crossing projects . Community Development was successful in obtaining funding for the Broadway/Mansfield project. City Council approved the Safe Routes to School IGA with COOT on first reading at the October 17 , 2016 regular C ity Council meeting , and on second reading (consent agenda) at the November 7 , 2016 regular City Council meetings . RECOMMENDED ACTION Community Development recommends approval of a professional services contract for project design and construction management with OV Consulting . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Community Development released the Safe Routes to School Project Design and Construction Management RFP through the City Purchasing Division on September 12 , 2016 . A single proposal from OV Consulting was received for the Safe Routes to School project. The original project budget proposed came in at $60 ,080 . In the interview with the OV Consulting team , Community Development staff negotiated with the vendor to reduce the project budget to reflect cost savings from an expected reduction in environmental compliance requirements , and more detai led survey cost information. The new contract amount ($51,340) is now more closely in line with the original estimated budget. Community Development has contracted with OV Consulting on a number of bicycle and pedestrian planning and implementation projects , including the 2011 Bicycle Route Signage Project , the 2015 Englewood Walk and Wheel Master Plan , and design services for Quick Win projects , such as the recently completed Clarkson Street Bicycle Boulevard . FINANCIAL IMPACT The contracted amount for the Safe Routes to School Project Design and Construction Management Services awarded to OV Consulting is $51 ,340 . LIST OF ATTACHMENTS PSA 16-54 Design Services for Safe Routes to School Broadway Mansfield with OV Consulting • • • • PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/16-54 Design Services for Safe Routes to School Broadway/Mansfield $ 51,340 This Professional Services Agreement (the "Agreement") is made as of this 9th day of November, 2016, (the "Effective Date") by and between OV Consulting, a Colorado corporation ("Consultant''), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado ("City"). City desires that Consultant, from time to time, provide certain consulting services, systems integration services, data conversion services, training services, and/or related services as described herein, and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Definitions. The terms set forth below shall be defined as follows: • (a) "Intellectual Property Rights" hall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask- works, (2) trademark and trade name rights and similar rights, (3) trade secret rights, (4) patents, designs, algorithms and other industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, "rental" rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (6) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b) "Work Product" shall mean all patents, patent applications, inventions, designs, mask works, processes, methodologies, copyrights and copyrightable works, trade secrets including confidential information, data, designs, manuals, training materials and documentation, formulas, knowledge of manufacturing processes, methods, prices, financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared, documented and/or delivered by Consultant, pursuant to the provision of the Services. 2. Statements of Work. During the term hereof and subject to the terms and conditions contained herein, Consultant agrees to provide, on an as requested basis, the consulting services, systems integration 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www .englewoodgov.org • # 16-S~ Consulting-Design Services services, data conversion services, training services, and related services (the "Services") as further described in Schedule A (the "Statement of Work") for City, and in such additional Statements of Work as may be executed by each of the parties hereto from time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall incorporate all terms and conditions contained in this Agreement 3. Performance of Services. (a) Performance. Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications, if any, set forth in the Statement of Work, and in accordance with specifications or it appears that various instructions are in conflict, Consultant shall secure written instructions from City's project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work; If City disputes all or any portion .. of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice. City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. resolution of the disputed portion, City shall \, .. • industiy standaids. Consultant agrees to exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. pay to Consultant the resolved amount. • (b) Delays. Consultant agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Consultant's ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement PS .\# 16-;4 Consulting-Design Ser.ices 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov .org 2 • 5. Taxes. City is not subject to taxation. No federal or other taxes (excise, • luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Consultant. Upon written notification by City and subsequent verification by Consultant, Consultant shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. City shall provide Consultant with, and Consultant shall accept in good faith, resale, direct pay, or other exemption certificates, as applicable. 6. Out of Pocket Expenses. Consultant shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance in writing by City, provided Consultant has furnished such documentation for authorized .expenses as City may reasonably request. 7. Audits. Consultant shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Consultant's operations and compliance with this Agreement. Consultant shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other customer of Consultant are not impacted adversely. 8. Term and Termination. The term of this Agreement shall commence on the Effective Date and shall continue unless this Agreement is terminated as provided in this Section 8. {a) Convenience. City may, without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Consultant, pay Consultant for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. {b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Work. {c) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party. {d) Bankruptcy or Insolvency. Either party may terminate this Agreement . effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors; (2) applies for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian, or liquidator for its business or all or substantially all of its assets; (3) files , or consents to or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or insolvency laws; or (4) files a 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov .org ·-~ # 16-;4 C onsulting -Design Services 3 petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60) days after it was filed. (e) TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation with in the meaning of TABOR and, notwithstand ing anything in this Agreement to the contrary, all payment obligations of City are expressly dependent and cond itioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31 . Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made avaiiabie in accoidance vvlth the rules, regulations, and resolutions of City and appl icable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. (f) Return of Property. Upon termination of this Agreement , both parties agree to return to the other all property {including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Consultant to perform its obligations hereunder. City shall provide to Consultant's employees performing its obligations hereunder at City's premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space , furniture , telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third party hardware or software operated by or on behalf of City, City shall, at no expense to Consultant, obtain all consents, licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses . 10. Staff. Consultant is an independent consultant and neither Consultant nor Consultant's staff is, or shall be deemed to be employed by City. City is hereby contracting with Consultant for the Services described in a Statement of Work and Consultant reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Consultant or Consultant's staff, and City shall not be requ ired to hire, supervise or pay any assistants to help Consultant perform the Services under this Agreement. Except to the extent that Co nsultant's vvork must be performed on or with City's computers or City's existing software, all materials used in providing the Services shall be provided by Consultant. 11. Confidential Information. (a) Obligations. Each party hereto may receive from the other party information which relates to the other party's business, research; development, trade ·secrets or bus iness affairs ("Confidential Information"). Subject to the provisions and exceptions set forth in the Colorado Open Records Act,· CRS Section 24-72-101 et. seq ., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use ; disclosure, publication or dissemination of its own confidential information of a similar nature, but in no event less than a reasonable degree of care . Without limiting the general ity of the 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303 ) 762 -2300 www.eng lewoodgov .org 4 PS\# 16-54 Cons ulting -Design Service s • • • foregoing, each party hereto agrees not to disclose or permit any other person or entity • access to the other party's Confidential Information except such disclosure or access shall be permitted to an employee, agent, representative or independent consultant of such party requiring access to the same in order to perform his .or her employment or services . Each party shall insure that their employees , agents , representatives, and independent c;onsultants are advised of the confidential nature of the Confidential Information and are precluded from taking any act ion prohibited under this Section 11 . Further, each party agrees not to alter or remove any identification, copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession , use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with .espect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced by written documentation; (2) subsequently becomes publicly available through no fault of that party ; (3) is subsequently furnished rightfully to that party by a third party without restrictions on use or d isclosure; or (4) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure. (b) Know-How. For the avoidance of doubt neither City nor Consultant shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c) Remedies. Each of the · parties hereto agree that if any of them, their officers, employees or anyone obtaining access to the Confidential Information of the other party by, through or under them, breaches any provision of this Section 11 , the non-breaching party shall be entitled to an accounting and repayment of all profits , compensation , comm1ss1ons, remunerations and benefits which the breaching party, its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach. In addition to, and not in limitation of the foregoing, in the event of any breach of this Section 11, the parties agree that the non-breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non-breach ing party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party , its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11 . The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason . 12. Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of . Work, who shall act for that party on all matters under the Statement of Work . Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work . 13. Warranties. 1000 Englewood Parkway , Eng lewood , Colorado 80110-2373 (303) 762-2300 www .englewoodgov.org 5 •. .\. # 16-54 Consulti ng-Design Ser.ices (a) Authority. Consultant represents and warrants that: (1) Consultant has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Consultant, and the performance by Consultant of its obligations and duties hereunder, do not and will not violate any agreement to which Consultant is a party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Consultant, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms; and (4) Consultant acknowledges that City makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement (b) Service Warranty. Consultant warrants that its employees and consultants shall have sufficient skill, knowledge, and tr8ining to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c) Personnel. Unless a specific number of employees is set forth in the Statement of Work, Consultant warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work. During the course of performance of Services, City may, for any or no reason, request replacement of an employee or a proposed employee. In such event, Consultant shall, within five (5) working days of receipt of such request from City, provide a substitute employee of sufficient skill, knowledge, and training to perform the applicable Services. Consultant shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies . (d) Compensation and Benefits. Consultant shall provide for and pay the compensation of employees and shall pay all taxes, contributions, and benefits (such as, but not limited to, workers' compensation benefits) which an employer is required to pay relating to the employment of employees. City shall not be liable to Consultant or to any employee for Consultant's failure to perform its compensation, benefit, or tax obligations . Consultant shall indemnify, defend and hold City harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 14. Indemnification. (a) Consultant Indemnification. Consultant shall indemnify, defend and hold harmless City, its directors, officers, employees, and agents and the heirs, executors, successors, and permitted assigns of any of the foregoing (the ''City !ndemniteesH) from and against all losses, claims, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries, damage to tangible property, and other damages, of any kind or nature, suffered or incurred by a City lndemnitee directly or indirectly arising from or related to: (1) any negligent or intentional act or omission by Consultant or its representatives in the performance of Consultant's obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Consultant contained in this Agreement. (b) Infringement. Consultant will indemnify, defend, and hold City harmless from all lndemnifiable Losses arising from any third party claims that any Work Product or 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 PS .\# 16·54 Consulting -Design Services • • • methodology supplied by Consultant infringes or misappropriates any Intellectual Property • rights of any third party; provided, however, that the foregoing indemnification obligation shall riot apply to any alleged infringement or misappropriation based on: (1) use of the Work Product in combination with products or services not provided by Consultant to the extent that such infringement or misappropriation would . have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwith-standing anything else contained in this Agreement, no obligation to indemnify which is set forth in this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the claim, suit or proceeding of any matters in respect of which the indemnity may apply and of which the • notifying party has knowledge and gives' the ther party the opportunity to control the response thereto and the defense thereof; provided, however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys, all at such party's cost and expense; provided further, however, that no settlement or compromise of an asserted third- party claim other than the paymenUmoney may be made without the prior written consent of the party claiming indemnification. (d) Immunity. City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. Insurance. (a) Requirements. Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1) The Consultant shall comply with the Workers' Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers' Compensation claims arising from performance of the work under this contract. Workers' Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, as well as the Employers' Liability within the minimum statutory limits. (2) Commercial General Liability Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than two million dollars ($2,000,000) per occurrence. (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of . Consultant's operations or Services in an amount not less than one million dollars ($1,000,000) per occurrence. (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country, state or territory where the Services are being performed. 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www .englewoodgov .org 7 .\ # 16-54 Consulting-Design Smices (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance will list the City of Englewood as an additional insured. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days' notice of such cancellation, reduction or material change has been provided to City. 16. Rights in Work Product. (a) Generally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to the Work Product produced or provided by Consultant under any Statement of Work shall remain the property of Consultant. With respect to the \:~Jork Product, Consu!tant unconditionally and irrevocably grants to City during the term of such Intellectua l Property Rights, a non-exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual property Rights . (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and consultants shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17. Relationship of Parties. Consultant is acting only as an independent consultant and does not undertake, by this Agreement, any Statement of Work or otherwise, to perform any obligation of City, whether regulatory or contractual, or to assume any responsibility for City's business or operations. Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work . 18. Complete Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the matters covered herein. 19. Applicable Law. Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law . 21. Additional Work. After receipt of a Statement of Work, City, with Consultant's 1000 Eng lewood Parkway , Englewood , Colorado 80110-2373 (303) 762-2300 www .englewoodgov .org 8 PS \# 16-54 Consulting -Design Scr..o·i cc s • • • consent, may request Consultant to undertake additional work with respect to such Statement • of Work. In such event, City and Consultant shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22. Sub-consultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier, .pecifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24. Assignment. This Agreement may not be assigned by Consultant without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the pa.rties hereto. 25. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26. Headings. The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation . The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement. The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance With this Agreement are incorporated into this Agreement. 27. Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not effect in any way the full right to require such performance at any subsequent time; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28. Force Majeure. If performance by Consultant of any service or obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communications failures, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any governmental or judicial authority or representative of any such government, or any other act whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of · Consultant, then Consultant shall be excused from such performance to the extent of such prevention, restriction, delay or interference. If the period of such delay exceeds thirty (30) days,· City may, without liability, terminate the affected Statement of Work(s) upon written notice to Consultant. 29. Time of Performance. Time is expressly made of the essence with respect to 1000 Englewood Parkway , Englewood, Colorado 80110-2373 (303) 762-2300 www .englewoodgov.org • # J 6-54 Consulting-Desi gn Smices 9 each and every term and provision of this Agreement. 30. Permits. Consultant shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Consultant shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31. Media Releases. Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Consultant, all media releases, public or disclosures (including, but not limited to, promotional or marketing material) by Consultant or its employees or agents relating to this Agreement or its subject matter, or including the name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Consultant shall not represent directly or indirectly that any Services provided by Consultant to City has been approved or endorsed by City or include the name, trade mark , or symbol of City on a list of Consultant's customers without City's express written consent. 32. Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppliers services similar to the Services. Consultant agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Consultant prior to or during the term of this Agreement shall not constitute commitments. 33. Survival. The provisions of Sections 5, 8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 shall survive any expiration or termination for any reason of this Agreement. 34. Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Hiring of Illegal Aliens: (a) Employees, Consultants and Sub-consultants: Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Consultant shall not contract with a sub- consultant that fails to certify to the Consultant that the sub-consultant will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8- 17 .5-102(2)(a)(I) & (II).] (b) Verification: Consultant will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8- 17 .5-101 (3.3) and 8-17.5-101 (3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. Consultant is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Consultant obtains actual knowledge that a sub-consultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Consultant shall; 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 PS .\# 16-54 Consulting -Design Services • • • • (1) notify the sub-consultant and the City within three days that the Consultant has actual knowledge that the sub-consultant is employing or contracting with an illegal alien; and (2) terminate the subcontract with the sub-consultant if, within three days of receiving notice required pursuant to this paragraph the sub- consultant does not stop employing or contracting with the illegal alien ; except that the Consultant shall not terminate the contract with the sub-consultant if during such three days the sub- consultant provides information to establish that the sub-consultant has not knowingly employed or contracted with an illegal alien . (d) Duty to Comply with State Investigation: Consultant shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the • Department is undertaking pursuant to C.R.S. -17.5-102 (5) (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Consultant's breach of any section of this paragraph or provisions required pu rsuant to CRS 8-17.5-102. Consultant shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph 34 . • # 16-54 Consul ting-Desi gn Se rvic es 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www .englewoodgov .org II IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall const itute one and the same instrument. CITY OF ENGLEWOOD, COLORADO (Department Director) (City manager) " n .... +,.... oy: --~-----~-------..,,a"..,·------ (Mayor) City Clerk PSA ii \6-5 -1 Consulting -Desig n Se rvices 0 v Cc;{'.1 VI. t t-: N\ (Consultant Name) Address City, State, Zip Code By: & v'Jl~ . (Signature) Clru \J,1).e\j,"' 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www .englewoodgov .org 12 • • • • NANCY G. FENTON NOTARY PUBLIC ~ . ·• ~-·. STATE OF COLORADO MY cor.i~?s~~~~ ~~~,~OEOS74030flllO AUGUST 10. :nm~ . .. , 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www .englewoodgov .org ..... # 16-54 Consulting -Design Services 13 SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL City of Englewood, Colorado OV Consulting Contract Number PSA/16-54 $51 ,340.00 100% Design Services for Safe Routes to School Broadway/Mansfield Enhanced Safety Crossing December, 2016 2. NAMES OF PROJECT COORDINATORS City of Englewood: John Voboril , AICP, Planner II, Community Development OV Consulting : Chris Vogelsang , P.E. 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Enhanced safety crossing design for the Broadway/Mansfield intersection featuring bulbed out , ' . • corners, high visibility crosswalks , warning signage, and bicycle lane markings • 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) Aerial Photography, GIS Data 5. OTHER CONSULTANT RESOURCES Not Applicable 6 . DESCRIPTION OF WORK PRODUCT AND DELIVERABLES See Attachment A : Scope of Services 7. SPECIAL TERMS , IF ANY Not Applicable 8. MODE OF PAYMENT Consultant submitted bi lling to City, w ith Ci t y reimbursement of Consultant by check PS .\# 16-5 4 Co nsultin g -Desig n Ser.:ices 1000 Englewood Parkway, Englewood , Colorado 80110-2373 (303) 762-2300 www.englewoodgov .org 14 • Preliminary ~nd Final Design OV Consulting BLN A_ssociates (si.Jb) · .· \ . : ., ..... ·~::~·'.1 ' ~,.·:''.:: ... \.:/;t:··.: . ·. :.-. ~::;~,\~ -~-.··.,. May 15, 2017 :;~-; ··. Bid Procurement and Contracting OV Consulting JLi1y 1. 2011 .. Construction Managem~nt . OV Consulting . . . -~1:::~';'..j ~»~2·g(E: .• _'.:_:·.·.·_:·_.~.--:,~.:;,r_;_,_;:_:~_ ... ·:_·_._:_:_N.-.~-·-:_._~_l .. ·.:_·;··.:.~_;_,_,.:· .. ,~.;_·:·.·-~~,~.;:_~~+t~~~~B~?J;W~';,·c,;:. "'':'~'"' .. .. ::···/<-:;:·~-~~.:;:_.. <'' ;:<·~::,·/:·:1•.:i ~ . . ~ . :· ... · ~·;>.::·· '· ... ·• .. . . .. staff Review . . ::;:;:,_;~·. ):.(\}:!:1 5:;'.(;,::.f·;),·;,,,(:-~::;_:}/ ... /.: .. :... •' .· ,, 12. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by Consultant at its regular office located in Denver, CO, with supplemental field survey work and construction management performed in the field. • .\ 11 16-54 Con51Jl ti ng -Design S<rvices 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www .englewoodgov.org 15 IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated , 20_, the parties have executed this Statement of Work as of this day of , 20_. CITY OF ENGLEWOOD, COLORADO By: ______________ _ (Signature) Joe Jefferson (Print Name) Title: Mayor Coosuttant Name _ _______!__ By: cL v~ (Signature) ( <J,.v-·' J J V, ... H e, \ I"'· "-lJ (Print Name) ~ · ~ . \ Title: __ ...... [.....;.r_-_, V'C-__ ..... f'_t' _______ _ Date: __ t 0--___./ ........... /_,_/_._/ ........ -6 ___ _ PSA # I li-54 Car.suiting -Des ig n s~n:iccs 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov .org 16 • • • • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: Approval of Stifel, Nicolaus & Company , December 19, 2016 11cii Incorporated, agreement for Underwriting Services associated with the sale of the General Obligation Bond for the Englewood Police Department Headquarters Building .. Initiated By: Department of Finance and Staff Source: Kathleen Rinkel, Director of Administrative Services Finance and Administrative Services PREVIOUS COUNCIL ACTION City Council approved an ordinance setting forth the ballot language and submitting to a vote of the registered electors a General Obligation Bond (GOB) for the construction of a new Englewood Police Department Headquarters. Ballot Issue No. 2C was passed by the voters on November 8, 2016 . On November 28, 2016, Staff along with the PFM Group discussed the Plan of Finance, discussed the RFP process that was followed to select an Underwriter for the bond sale, identified Stifel, Nicolaus & Company, Incorporated, ("Stifel") as the recommended firm to which to award the work and introduced the Stifel Manager who will lead the City's financing effort RECOMMENDED ACTION Staff recommends Council approve the Agreement for Underwriting services to be provided by Stifel. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City issued an RFP for Underwriting services on September 23 , 2016. Thirteen firms were directly invited to respond and the RFP was posted publically on BidNet for any firm that had interest outside of the firms directly invited. Nine firms responded and their proposals were evaluated across facets such as knowledge of the City, knowledge and ideas of scenarios that would best serve the City, and the City's rating position/opportunities . Based on the evaluation, five firms were invited for an interviews held on November 14, 2016. Stifel provided the best value to the City and is being recommended to the Council for contract approval. Stifel is a qualified Underwriting firm and has supported the City on eight previous funding opportunities . FINANCIAL IMPACT The contract cost is contingent on the sale of the General Obligation bonds. The fee for • preparation and coordination of the sale of the Bonds shall be $3. 755 per $1,000.00 of Bonds sold and is payable from the proceeds of the Bond. From an anticipated sale of $27,000,000 of bonds (and this could vary based on actual need determined through preliminary building criteria evaluation), the cost would be $101,385.00. In addition, the City will pay the Underwriter's costs incurred in the performance of the agreement. These costs include legal counsel, if needed, communication, preparation of the official statements and overhead expenses and are estimated to be $15, 000. In the course of the bond selling activities, the City will also incur legal fees for disclosure council, rating agency/credit enhancement fees, travel (if required), printing of the official statements, advertising and other associated miscellaneous expenses. All of these needs are not yet clearly defined, but are expected to be in the $50,000-$65,000 range. All costs noted above are common for bond issuance activity and will be paid from the proceeds of the bond sale. LIST OF ATIACHMENTS Stifel contract for approval • • , • • • UNDERWRITER ENGAGEMENT AGREEMENT THIS AGREEMENT is made and entered into this day of 20_, by and among the City of Englewood, Colorado (the "Issuer") and Stifel, Nicolaus & Company, Incorporated, (the "Underwriter" or "Stifel"), with reference to the following facts: RECITALS WHEREAS, the Issuer plans to issue City of Englewood, General Obligation Bonds, Series 2017 (the "Bonds"); and WHEREAS, the Issuer desires and is authorized by law to retain the services of the Underwriter in connection with the issuance of the Bonds; and WHEREAS, the Underwriter agrees to be retained by the Issuer and to provide to the Issuer the services described herein; and WHEREAS, Stifel agrees to act as underwriter, subject to the conditions set forth herein; NOW therefore, for and in consideration of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: Scope of Services The Issuer has engaged the Underwriter to perform various services related to the issuance of the Bonds, which are to be performed within the framework of all relevant rules and regulations. All services are provided on an arm's length, commercial basis and may or may not be provided in conjunction with services provided by advisors to the Issuer, such as, but not limited to, a financial advisor or a municipal advisor. With this understanding, the Underwriter may provide the following services and perform the following functions with respect to the Bonds : A. Structuring the Financing 1. The Underwriter will work with the Issuer, its bond counsel, financial advisor, disclosure counsel, and other members of the Issuer's financing team in evaluating specific terms and conditions affecting the Bonds with the purposes of meeting the Issuer's financing objectives and assuring appropriate credit quality; 2. The Underwriter will work with the Issuer to create a feasible and efficient structure for the Bonds in order to enhance the Bonds' marketability; 3. In cooperation with Issuer, the Underwriter will assist in the preparation of and/or review of all documents necessary to implement the issuance of the Bonds, including, but not limited to, authorizing resolutions, bond purchase agreement, and preliminary and final official statements distributed to potential investors, as required; B. Marketing the Securities 1. The Underwriter will provide information and material as needed to support presentations for rating agencies and/or bond insurance companies; if requested; 2. The Underwriter will coordinate printing and distribution ofthe preliminary and final official statements; 3. Together with the Issuer and other appropriate parties, the Underwriter will provide market information on the timing of the sale of the Bonds in relation to the market conditions and financing needs; 4. The Underwriter will arrange for distribution of the final official statements in accordance with Section 240 .15c2-12 ofTitle 17 of the Code of Federal Regulations; and 5. The Underwriter will serve as sole managing underwriter of the Bonds, which obligation is conditioned upon the execution of a mutually satisfactory bond purchase agreement and other customary documentation, and coordinate with all parties so as to consummate the sale and delivery of the Bonds in a timely manner. Regulatory Disclosure Issuer is aware of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Securities and Exchange Commission's adopted rule commonly known as the "Municipal Advisor Rule" (SEC Rule 15Bal-1to15Bal-8 -"the Rule ") and the underwriter exclusion from the definition of "municipal advisor" for a firm serving as an underwriter for a particular issuance of municipal securities . Some of the services that the Stifel will be called upon to perform, such as providing advice with respect to the sizing, structure, timing and terms of the Bond issuance, are services that are also commonly provided by financial advisory firms. • However, in providing such services for the Bonds, the parties understand and agree that Stifel is serving as an • underwriter for this transaction and is permitted to give advice and recommendations under the "underwriter exclusion" provision of the Rule. Issuer agrees that Stifel will not be serving as the Issuer's financial advisor or acting as an agent or fiduciary for the Issuer and that the Issuer will be consulting with its own legal, financial and other advisors. This Agreement and relationship shall be either executed, approved or acknowledged by the governing board of Issuer (the "Governing Board"). Disclosures Required by MSRB Rule G-17 Concerning the Role of the Underwriter 1. Municipal Securities Rulemaking Board ("MSRB") Rule G-17 requires an underwriter to deal fairly at all times with both municipal issuers and investors . 2. The underwriter's primary role is to purchase securities with a view to distribution in an arm's-length commercial transaction with the Issuer. The underwriter has financial and other interests that differ from those of the issuer. 3. The underwriter does not have a fiduciary duty to the issuer under the federal securities laws and is, therefore, not required by federal law to act in the best interests of the issuer without regard to its own financial or other interests . 4 . The underwriter has a duty to purchase the securities from the issuer at a fair and reasonable price, but must balance that duty with its duty to sell the securities to investors at prices that are fair and reasonable. 5. The underwriter will review the official statement for the securities in accordance with, and as part of, its respective responsibilities to investors under the federal securities laws, as applied to the facts and circumstances of this transaction. 2 • • Disclosures Concerning the Underwriter Compensation The underwriter will be compensated by a fee and/or an underwriting d iscount outlined below and that will be set forth in the bond purchase agreement to be negotiated and entered into in connection with the issuance of the securities . Payment or receipt of the underwriting fee or discount will be contingent on the closing of the transaction and the amount of the fee or discount may be based, in whole or in part, on a percentage of the principal amount of the securities . While this form of compensation is customary in the municipal securities market, it presents a conflict of interest since the underwriter may have an incent ive to recommend to the Issuer a transaction that is unnecessary or to recommend that the size of the transaction be larger than is necessary . Conflicts of Interest Disclosures Stifel has not identified any additional potential or actual material conflicts that require disclosure . Since Stifel has not recommended a "complex municipal securities financing" to the Issuer, additional disclosures regarding the financing structure for the Issue are not required under MSRB Rule G-17 . However, if Stifel recommends , or if the Issue is ultimately structured in a manner considered a "complex municipal securities financing" to the Issuer, this letter will be supplemented to provide disclosure of the material financial characteristics of that financing structure as well as the material financial risks of the financing that are known to us and are reasonably foreseeable at that time. • Limitation of Duties • The Issuer acknowledges and agrees that Stifel is not making a commitment to extend credit, make a loan or otherwise fund the Project beyond the obligations contained in a mutually satisfactory bond purchase agreement . The Issuer acknowledges that the services provided under this Agreement involve professional judgment by Stifel and that the results cannot be, and are not, guaranteed . As addressed above, among the services that Stifel will perform under this Agreement is assistance in preparation of, and/or review of the preliminary and final official statements for the Bonds. We note, however, that under federal securities law, an issuer of securities has the primary responsibility for disclosure to investors . Our assistance with respect to, and/or review of the official statement will be solely for purposes of satisfying our obligations as underwriter under the federal securities laws and such assistance and/or review should not be construed by the Issuer as a guarantee of the accuracy or completeness of the information in the official statement. Expenses The Issuer, from the Bond proceeds, will pay the Underwriter's costs incurred in the performance of this Agreement , including costs of its legal counsel, if any, communication , preparation of the official statements, and overhead expenses . The Issuer, from the Bond proceeds or other lawfully available funds, will pay for legal fees , including disclosure counsel; rating agency and credit enhancement fees including all related travel (if any); the cost of appraisal , fiscal consultant, statistical, computer, and graphics services (if any), cost of printing and distribution of the official 3 statements and expense of publication, advertising, and informational meetings; and the costs of fiscal agent or • bond trustee and registrar. Compensation The Underwriter agrees to prepare and coordinate all aspects of the sale of the Bonds . Stifel will be paid only when the Bonds are sold . The fee for Stifel's preparation and coordination of the sale of the Bonds shall be $3.755 per $1,000 .00 of Bonds sold . The underwriting fee is contingent on a successful sale of the Bonds and is payable from the proceeds of the Bonds . Term of Agreement This Agreement is to continue until the Project is financed or until the Governing Board formally abandons the Project, unless previously terminated by mutual written consent of the parties hereto. This Agreement may be terminated at any time by the Issuer, upon five business days' prior notice to such effect to the Underwriter, or by the Underwriter upon five business days' prior notice to such effect to the Issuer. Any such termination, however, shall not affect the obligations of the Issuer under the Expenses section hereof. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period ending December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon failure to appropriate such funds, this Agreement shall be deemed terminated. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. Governing Law This Agreement, and the rights and obligations of the parties hereto, shall be construed, interpreted and enforced pursuant to the laws of the State of Colorado, and exclusive venue in any and all actions existing under this Agreement shall be laid in the action or proceeding which Issuer or Underwriter may be required to prosecute to enforce its respective rights within this Agreement . The Issuer and Underwriter agree that each party shall be responsible for its own attorney fees related to any litigation that may occur. Prior to the commencement of any litigation concerning this Agreement, the Issuer and the Underwriter agree to first submit any disagreements to mediation. This mediation requirement is intended to reduce the costs of dispute resolution for both parties. Subcontractors The Underwriter shall, with the prior written approval of the Issuer, use such subcontractors as are necessary in • the fulfillment of this Agreement. • 4 • • • Miscellaneous Nothing contained herein shall preclude the Underwriter from carrying on its customary and usual business activities . The Underwriter specifically reserves the right, but is not obligated, to bid for and maintain secondary markets on any Issuer outstanding bonds subject to appropriate information barriers. Services provided by the Underwriter in connection with th is Agreement shall not limit the Underwriter from providing services for the Issuer in conjunction with other services requested by the Issuer except as limited by rule of law or regulation. In connection with services agreed to herein, it is understood that the Underwriter will render professional services as an independent contractor. Neither the Underwriter nor any of its agents or employees shall be deemed an employee of the Issuer for any purpose. The Underwriter shall not assign or otherwise transfer any interest in this Agreement without the prior written consent of the Issuer. The Issuer acknowledges and recognizes Stifel as Underwriter with respect to the municipal securities referenced for purposes of MSRB Rule G-23 and Securities and Exchange Commission Rule 17 CFR (Registration of Municipal Advisors) and acknowledges receipt of the G-17 disclosures included herein . It is our understanding that you have the authority to bind the Issuer by contract with us, and that you are not a party to any conflict of interest relating to the subject transaction . If our understanding is incorrect, please notify the undersigned immediately. This Agreement constitutes the entire agreement between the parties relating to the subject matter thereof and supersedes any prior understandings or representations . The Agreement may be amended or modified only by a writing signed by both parties. It is solely for the benefit of the Issuer and Stifel, and no other person . This Agreement is submitted in duplicate originals. The acceptance of this Agreement by the Issuer will occur upon the return of one original executed by an authorized Issuer representative, and the Issuer hereby represents that the signatory below is so authorized. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Stifel, Nicolaus & Company, Incorporated By Name: Josh Benninghoff Title: Managing Director Date: December 6, 2016 5 ,_ ACCEPTANCE • City of Englewood, Colorado By: Name:· Joe Jefferson Title: Mayor Date • • 6