HomeMy WebLinkAbout2014-03-03 (Regular) Meeting Agenda Packet1. Call to Order.
2. Invocation.
3 . Pledge of Allegiance.
4. Roll Call.
Agenda for the
Regular Meeting of the
Englewood City Council
Monday, March 3, 2014
7:30 pm
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
5. Consideration of Minutes of Previous Session .
a. Minutes from the Regular City Council Meeting of February 18, 2014.
6. Recognition of Scheduled Public Comment. (This is an opportunity for the public to address City
Council. Council may ask questions for clarification, but there will not be any dialogue. Please limit
your presentation to five minutes.
7. Recognition of Unscheduled Public Comment. (This is an opportunity for the public to address City
Council. Council may ask questions for clarification, but there will not be any dialogue. Please limit
your presentation to three minutes. Time for unscheduled public comment may be limited to 45
minutes, and if limited, shall be continued to General Discussion.)
Council Response to Public Comment.
8. Communications, Proclamations, and Appointments.
a. An email from Tom Kelly announcing his resignation from the Public Library Board.
Please note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance ofwhen services are needed.
Englewood City Council Agenda
March 3, 2014
Page 2
9. Consent Agenda Items
a. Approval of Ordinances on First Reading.
i. Council Bill No. 11 -Recommendation from the Community Development
Department to adopt a bill for an ordinance authorizing an Intergovernmental
Agreement with the Regional Transportation District for cost sharing for operation of
the "Art" shuttle for 2014. Staff Source: Harold J. Stitt, Senior Planner.
ii. Council Bill No. 12 -Recommendation from the Police Department to adopt a bill for
an ordinance approving a memorandum of understanding with the Colorado Internet
Crimes Against Children Task Force. Staff Source: Sam Watson, Commander.
b. Approval of Ordinances on Second Reading.
i. Council Bill No. 8, approving a memorandum of understanding with the East Metro
Auto Theft Team authorizing Englewood's participation in a multi-agency law
enforcement task force.
ii. Council Bill No. 9, authorizing the application for, and acceptance of, Victim Assistance
Law Enforcement (VALE) grant funding for 2014 in the amount of $19,435.82.
iii. Council Bill No.10, approving the acceptance of funds from the U .S. Department of
Justice -Office of Justice Programs -Bulletproof Vest Partnership/Body Armor Safety
Initiative to assist Police Department in the purchase of bulletproof vests.
c. Resolutions and Motions.
i. Recommendation from the Finance and Administrative Services Department to
approve a resolution authorizing a transfer and supplemental appropriation of funds for
the River Run Project in the total amount of $100,000. Staff Source: Frank Gryglewicz,
Director of Finance and Administrative Services.
ii. Recommendation from the Public Works Department and Parks and Recreation
Department to approve, by motion, a Ford 550 Truck with Chipper Body. Staff
recommends purchasing the truck through a state award in the amount of $77,613.
Staff Sources: Pat White, Fleet Manager and Dave lee, Open Space Manager.
iii. Recommendation from the Utilities Department to approve, by motion, a letter
requested by the Colorado Water Conservation Board regarding the Englewood Water
Conservation Plan. Staff Source: Stewart H. Fonda, Director of Utilities
10. Public Hearing Items . (None Scheduled .)
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
{303-762-2405) at least 48 hours in advance of when servii::es are needed.
Englewood City Council Agenda
March 3, 2014
Page 3
11 . Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading.
i. Council Bill No. 13 -Recommendation by the Community Development Department
to adopt a bill for an ordinance approving an Intergovernmental Agreement with
Denver Regional Council of Governments regarding the licensing of the 2014 Denver
Regional Aerial Photography Project. Staff Source: John Voboril, Planner.
b. Approval of Ordinances on Second Reading.
i. Council Bill No. 60, authorizing amendments to Title 16: Unified Development Code
regarding Home Occupations.
c. Resolutions and Motions.
i. Recommendation from the Utilities Department to approve, by motion, the purchase of
a rubber-tired wheel loader/backhoe. Staff recommends awarding the contract to
Honnen Equipment, the lowest acceptable bidder, in the amount of $131,555.00. Staff
Source: Stewart H. Fonda, Director of Utilities
ii . Recommendation from the Utilities Department to approve, by motion, the proposal
by the Allen Water Filtration Plant residuals and removal to Secure On-Site Services
USA in the amount of $174,63 5.06 for the disposal of 7 50 cubic yards of production.
Staff Source: Stewart H. Fonda, Director of Utilities.
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
i. Council Bill No. 14, an emergency ordinance creating a moratorium on the
establishment of any new medical marijuana business which manufactures or cultivates
medical marijuana.
13. City Manager's Report.
14. City Attorney's Report.
15. Adjournment.
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
' .
PUBLIC COMMENT ROSTER
March 3, 2014
PC ASE LIMIT YOUR f>RESEN
PL:E SE PRINT
NAME ADDRESS
<51§1 s . ~I
E. Dartmouth Pl
Addresses with Business signs
2014 by Doug Cohn Observed March 2,
2161, 2191, 2201, 2231, 2281
s. York St.
3128, 3165
E. Floyd Ave.
2280
E. Eastman Ave
2298, 2255
s. High St.
3245, 3252, 3205, 3210, 3125, 3120
Lindsay Von Colditz
FW : Board stuff
From: Tom Kelly [mailto:tkelly733@earthlink.net]
Sent: Tuesday, February 11, 2014 12:30 PM
To: Deb Parker
Subject: RE: Board stuff
Hi Deb,
I am resigning my library board position. Tell the board it has been fun working with them the last couple of
years.
Cheers ,
Tom Kelly
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
March 3, 2014 9 a i IGA for Art Shuttle Cost Sharing
Initiated By: Staff Source:
Community Development Department Harold J. Stitt, Senior Planner
PREVIOUS COUNCIL ACTION
Council approved an Intergovernmental Agreement (IGA) between the City and the Regional
Transportation District (RTD) for funding of the Englewood Circulator Shuttle by Ordinance 50, Series of
2004, by Ordinance 66, Series of 2007, by Ordinance 10, Series of 2008, by Ordinance 8, Series of 2009,
by Ordinance Number 4 Series of 2010, Ordinance 5, Series of 2011, by Ordinance 9, Series of 2012, and
by Ordinance 3, Series of 2013 Council approved by Motion, in August 2004, a contract for transit
services with Laidlaw Transit Services and subsequently extended this contract by Resolution No. 87, Series
of 2005, by Resolution No. 77, Series of 2006, by Motion on December 3, 2007, by Motion on March 3,
2008, by Motion on April 6, 2009. Council approved by Motion on December 21, 2009, a contract for
transit services with MV Transportation, Inc., and subsequently extended this contract by Motion on
February 22, 2011, by Motion on March 5, 2012, and by Motion on February 4, 2013 .
• RECOMMENDED ACTION
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Staff recommends Council adopt a Bill for an Ordinance authorizing an Intergovernmental Agreement
between the City of Englewood and the Regional Transportation District (RTD) for cost sharing for
operation of the art shuttle for 2014.
BACKGROUND AND ANALYSIS
This IGA with RTD is for the operation of the art shuttle for calendar year 2014. Under this agreement, the
shuttle will continue to provide the current level of service operating every 15 minutes, Monday through
Friday, 6:30 AM to 6:30 PM. RTD will reimburse the City 100% of all net operating costs as set forth in
Exhibit B of the IGA. Net operating expenses exclude administrative costs, marketing and promotional
materials cost. As with prior agreements, the City will also provide fuel to eliminate state and federal
gasoline taxes, reducing fuel costs. The City will reimburse RTD an amount equal to the local fares that
would have been collected had the shuttle operated as a fare service rather that free service. The amount
of the compensation was determined through a survey of riders conducted in October 2013. The survey
results indicated the number of riders that did not have a bus pass or transfer and would be subject to the
standard, reduced senior or student fare. For calendar year 2014, the lost fare amount equals $59,838 .
FINANCIAL IMPACT
RTD will reimburse the City for all contract and fuel costs less the lost fare amount. For the contract period
this lost fare amount is $59,838 and is included in the approved 2014 Community Development
Department budget. The contract continues the same level of service operating Monday through Friday,
6:30 am to 6:30 pm at no cost to riders.
ATTACHMENTS
Proposed Bill for an Ordinance
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 11
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT ENTITLED
"FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES"
(ENGLEWOOD ART SHUTTLE) BETWEEN THE REGIONAL TRANSPORTATION DISTRICT
(RTD) AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between
R TD and the City of Englewood for funding of the Englewood Circulator Shuttle for 2004 -2007 by
the passage of Ordinance No. 50, Series of 2004; and
WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between
RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for September 10,
2007 through December 31, 2007 by the passage of Ordinance No. 66, Series of 2007; and
WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between
RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for January 1, 2008
through December 31, 2008 by the passage of Ordinance No. 10, Series of 2008; and
WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between
RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for January 1, 2010
through December 31, 2010 by the passage of Ordinance No. 4, Series of 2010; and
WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between
RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for January 1, 2011
through December 31, 2011 by the passage of Ordinance No.5, Series of 2011; and
WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between
RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for January 1, 2012
through December 31, 2012 by the passage of Ordinance No. 9, Series of 2012; and
WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between
RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for January 1, 2013
through December 31, 2013 by the passage of Ordinance No. 1, Series of 2013; and
WHEREAS, this service provides mobility and access to the commercial areas in and around the
vicinity of the CityCenter Englewood light rail station, downtown Englewood and the Swedish/Craig
Medical Center; and
WHEREAS, the passage of this proposed Ordinance will provide the same level of service for the
calendar year 2014; •
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 IGA
entitled "Funding Agreement for RTD Funding of Local Transportation Services" (Englewood Art
Shuttle) between the Regional Transportation District (RTD) and the City of Englewood, Colorado,
as attached hereto as Exhibit 1.
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 3rd day of March, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of
March, 2014 .
Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of
March, 2014 for thirty (30) days.
Randy P . Penn, 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 3rd day of March, 2014.
Loucrishia A. Ellis
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FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD art SHUITLE)
This Funding Agreement for RTD Funding of Local Transportation Services (Englewood art
Shuttle) ("Agreement") is made this day of , 2014, between the
Regional Transportation District, a political subdivision of the State of Colorado organized
pursuant to the Regional Transportation District Act, C.R.S. § 32-9-101, et seq., ("RTD") and the
City of Englewood, Colorado, a Colorado home rule city ("Local Entity"). The Local Entity and
RTD may also be referred to herein individually as a "Party" and collectively as the "Parties".
RECITALS
A. RTD is authorized by the Regional Transportation District Act, C.R.S. §§ 32-9-
101, et seq. (the "RTD Act"), to develop, maintain, and operate a mass
transportation system for the benefit of the inhabitants of its District, as defined by
the RTD Act.
B. Pursuant to the Colorado Constitution, Article XN, Section 18(2)(a), and C.R.S.
§§ 29-1-203 et seq., both RTD and the Local Entity may cooperate or contract
with each other to provide any function, service, or facility lawfully authorized to
each, and any such contract may provide for sharing of costs.
c.
D.
RTD currently operates a variety of fixed-route bus, light rail, and other transit
services in and around the Local Entity .
The Parties agree that the transit services described in Exhibit A ("Services")
provide mobility and access to the business and residential areas in and around the
Local Entity.
E. RTD wishes to financially contribute to the provision of the Services according to
the terms and conditions as agreed by the Parties, as set forth herein.
TERMS AND CONDITIONS
NOW THEREFORE, in consideration of the foregoing premises and for other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows.
1. GENERAL.
A. Exhibits. The following exhibits are attached and incorporated into this
Agreement by this reference:
Exhibit A:
Exhibit B:
Exhibit C:
Description of the Services
Description of the RTD Funding
Communication and Notices-Contacts
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B
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Exhibit D: Special Provisions
B. Recitals. The recitals set forth above are incorporated herein by this reference.
C. Scope. The Parties may have previously entered into various other agreements
which remain in effect until terminated and are not voided by or otherwise
amended by this Agreement, unless expressly set forth herein.
OPERATIONS, MANAGEMENT AND CONTROL OF THE SERVICES. The
Local Entity shall continue to manage and operate, either directly or through its
designated agent(s), the Services. The Local Entity and/or its designated agent(s) shall be
solely responsible for all operations, management, marketing, administration, and
Services delivery functions, including provision of vehicles, vehicle maintenance,
insurance and accounting. Except as specifically provided herein, RTD shall have no
responsibility for the operations and management of the Services. RTD shall have no
responsibility for, or authority or control with respect to, the supervision and management
of any employees or contractors who work in connection with the Services. The Local
Entity shall operate the Services in compliance with all applicable laws, regulations,
orders, codes, directives, permits, approvals, decisions, decrees, ordinances or by-laws
having the force of law and any common or civil law, including any amendment,
extension or re-enactment of any of the same, and all other instruments, orders and
regulations made pursuant to statute (collectively, "Laws"), and the Local Entity shall be
solely responsible for compliance with all applicable Laws. Notwithstanding RTD's right
to cease funding as provided in this Agreement, RTD has no obligation or intent, nor
right pursuant to this Agreement, to otherwise continue the Services, if the Local Entity
ceases to provide the Services.
3. SERVICES. The hours, frequency, routes and schedule of the Services ("Operating
Parameters") shall be as shown on Exhibit A. No changes shall be made to the
Operating Parameters during the term of this Agreement without the written agreement of
both Parties, or if changes are made to the Operating Parameters without the written
consent of RTD, then RTD may, at its sole option, terminate this Agreement without any
notice. In the event that R TD terminates this Agreement in accordance with this Section
3, RTD will not provide any funding for Services outside the Operating Parameters.
4. RTD FUNDING. In partial support of the Services, RTD will reimburse the Local
Entity for the Net Cost of the Services up to the amount and for the term set out in
Exhibit B ("RTD Funding"). RTD Funding does not include any additional operating
costs for services in excess of the Operating Parameters as set out in Exhibit A, including
any special events and holidays. Under no circumstances will RTD be obligated to pay
more than the RTD Funding.
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL 1RANSPORTATION SERVICES
(ENGLEWOOD art SHUTTLE)
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5. INVOICING AND PAYMENT.
A • The Local Entity will submit an invoice to RTD on a monthly basis for payment of
the RTD Funding. Unless otherwise agreed by the Parties, the invoice shall
include an itemized list of reimbursable operating expenses and a summary of
service hours, mileage, passenger boardings, and any other information that RTD
otherwise reasonably requests.
B. RTD will pay all approved invoices within thirty calendar (30) days after RTD has
received the invoice. If RTD does not approve an invoice from the Local Entity,
RTD will provide a written explanation of disputed items within ten (10) calendar
days after RTD has received the invoice.
6. RECORDS. The Local Entity, or its designated agent, will maintain full and complete
financial records for the provision of the Services. Such records shall include any
financial information to support and document the operating costs and revenues relating
to the Services and any other financial information specifically requested by RTD. The
Local Entity, or its designated agent, shall make these records available to RTD for audit
for a period of three (3) years after final payment under this Agreement. If applicable,
National Transit Database ("NTD") data shall be kept in accordance with Federal Transit
Administration ("FTA") requirements and shall be reported as part of RTD's NTD
submission.
7. MARKETING.
A • The Services will not be designated, marketed, or promoted as an RID-branded
service, except that the Local Entity shall allow RTD to display an appropriate
RTD logo stating that the Services are "in partnership with RTD" on all vehicles
used to furnish the Services and financially supported in part by RTD through this
Agreement.
B. The Local Entity and/or its designated agent(s) will market the Services, and such
marketing will include but is not limited to developing a marketing plan and
implementing the plan. A marketing plan may include the following elements:
advertising, public relations, collateral materials, websites, coordination with other
transportation programs, outreach, and training. RTD will have the opportunity to
review and approve any marketing materials for the Services.
8. SERVICE MONITORING. RTD reserves the right, in its sole discretion, to set and to
assess the performance expectations of the Services. If RTD determines that the RTD
Funding is not warranted in accordance with RTD's performance expectations, RTD shall
notify the Local Entity as soon as practicable.
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD art SHUITLE)
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9. LIABILITY AND INSURANCE.
A. The Parties agree that RTD shall have no liability to third parties arising out of the
operations or management of the Services, or any other service operated, directly
or indirectly, by the Local Entity, and the Local Entity shall have no liability to
third parties arising out of the operations or management of any RTD services.
This provision shall survive termination of this Agreement.
B. The Local Entity and/or its designated agent(s) shall cause RTD and its officers
and employees to be named as additional insured on all insurance policies
covering any operations of the Services.
C. Without waiving the privileges and immunities conferred by the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 et seq., each Party shall be
responsible for any claims, demands or suits arising out of its own negligence. It
is specifically understood and agreed that nothing contained in this section or
elsewhere in this Agreement shall be construed as an express or implied waiver by
either Party of its governmental immunity including limitations of amounts or
types of liability or the governmental acceptance by either Party of liabilities
arising as a result of actions which lie in tort or could lie in tort in excess of the
liabilities allowable under the Colorado Governmental Immunity Act, C.R.S. § 24-
10-101 et seq.
10. GENERAL PROVISIONS.
A. Available Funding. This Agreement does not contain any multiple-fiscal year
financial obligations by either Party that extend beyond its current fiscal year. The
financial obligations of each Party under this Agreement shall be subject to and
limited by the appropriation of sufficient funds therefore by its governing body.
Funds for this Agreement, as set out in Exhibit B, have been budgeted, authorized
and appropriated by the RTD Board of Directors only for the current fiscal year. If
the Parties intend to provide RTD Funding for future years, Exhibit B must be
amended in accordance with Section 10.D. Nothing herein obligates RTD to
budget, authorize or appropriate funds for any future fiscal year.
B. Other Sources of Funding. Nothing in this Agreement will prevent the Local
Entity from collecting contributions or fees from entities other than RTD to help
defray any unreimbursed costs of providing the Service, except that RTD shall not
be a party to any such arrangement.
C. Merger. This Agreement represents the entire agreement between the Parties with
respect to the subject matter hereof and all prior agreements, understandings or
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD an SHUITLE)
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D.
E.
F.
G.
negotiations shall be deemed merged herein. No representations, warranties,
promises or agreements, express or implied, shall exist between the Parties, except
as stated herein
Amendment. No amendment to this Agreement shall be made or deemed to have
been made unless in writing executed and delivered by the Party to be bound
thereby.
Governing Law. This Agreement shall be interpreted and enforced according to
the laws of the State of Colorado, the ordinances of the City, the applicable
provisions of federal law, and the applicable rules and regulations promulgated
under any of them. Venue for any action hereunder shall be in Denver District
Court, Colorado.
Communication and Notices. Any notices, bills, invoices or reports required by
this Agreement shall be sufficiently delivered if sent by the Parties in the United
States mail, postage prepaid, or by email to the Parties at the following addresses
specified on Exhibit C. The addresses or contacts may be changed by the Parties
by written notice to the other Party.
Term and Termination. This Agreement shall be deemed to have commenced on
January l, 2014 and shall remain in effect until terminated in writing by the Parties
or by court order. Unless otherwise agreed, either Party may terminate this
Agreement on sixty (60) calendar days' written notice. In the event of termination
by RTD for any reason other than default, RTD shall pay no more than the
reimbursable costs of the Services up to the date of termination. All provisions of
this Agreement that provide rights ·or create responsibilities for the Parties after
termination shall survive termination of this Agreement. Nothing herein obligates
RTD to make funds available for the Services in any future fiscal year, and nothing
herein shall imply funding will be renewed at the same or any level.
H. Amendment. The Parties may, by written agreement, amend this Agreement or
the Exhibits to account for changes in RTD Funding and service levels. Nothing
herein obligates either Party to make funds available other than as specifically
provided in the attached Exhibits, and nothing herein shall imply funding or
service will be renewed at the same or any level.
I. Authority. The Parties represent that each has taken all actions that are necessary
or that are required by its procedures, bylaws, or applicable law to legally
authorize the undersigned signatories to execute this Agreement on behalf of the
Parties and to bind the Parties to its terms.
FUNDING AGREEMENT
FOR RID FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD art SHUITLE)
Page5
J. No Effect on RTD Rights or Authority. Nothing in this Agreement shall be
construed to limit RTD's right to establish routes or services or to perform any
functions authorized by C.R.S. § 32-9-101 et. seq.
K. Assignmerit. Other than as specifically provided herein, the Parties agree that
they will not assign or transfer any of their rights or obligations under this
Agreement without first obtaining the written consent of the other Party.
L. Prohibited Interests. No director, officer, employee, or agent of RTD shall be
interested in any contract or transaction with RTD except in his or her official
representative capacity unless otherwise provided by the RTD Code of Ethics.
M. Severability. To the extent that this Agreement may be executed and performance
of the obligations of the Parties may be accomplished within the intent of the
Agreement, the terms of the Agreement are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such
invalidity or failure shall not affect the validity of any other terms or provision
hereof.
N. Waiver. The waiver of any breach of a term hereof shall not be construed as a
waiver of any other term, or the same term upon a subsequent breach.
0. No Third-Party Beneficiaries. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the Parties hereto, and
nothing contained in this Agreement shall give or allow any such claim or right of
action by any other or third person under this Agreement. It is the express
intention of the Parties to this Agreement that any person or entity other than the
Parties receiving services or benefits under this Agreement be deemed an
incidental beneficiary only.
P. Changes in Law. This Agreement is subject to such modifications as may be
required by changes in City, state or federal law, or their implementing
regulations. Any such required modification shall automatically be incorporated
into and be part of this Agreement on the effective date of such change as if fully
set forth herein.
Q. Status of Parties.
( 1) The Parties agree that the status of each Party shall be that of an
independent contractor to the other, and it is not intended, nor shall it be
construed, that one Party or any officer, employee, agent or contractor of
such Party is an employee, officer, agent, or representative of the other
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL 1RANSPORTATION SERVICES
(ENGLEWOOD art SHUITLE)
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(2)
Party. Nothing contained in the Agreement or documents incorporated by
reference herein or otherwise creates any partnership, joint venture, or
other association or relationship between the Parties. Any approval,
review, inspection, direction or instruction by RTD or any party on behalf
of RTD shall in no way affect either Party's independent contractor status
or obligation to perform in accordance with this Agreement. Neither
Party has authorization, express or implied, to bind the other to any
agreements, liability, nor understanding except as expressly set forth in
this Agreement.
The Local Entity and/or its designated agent(s) shall be responsible for all
federal and state taxes and contributions for Social Security,
unemployment insurance, income withholding tax, and other taxes
measured by wages paid to employees. The Local Entity acknowledges
that it and its employees are not entitled to workers' compensation
benefits or unemployment insurance benefits from RTD, unless the Local
Entity or a third party provides such coverage, and that RTD does not pay
for or otherwise provide such coverage. The Local Entity shall provide
and keep in force workers' compensation (and provide proof of such
insurance when requested by RTD) and unemployment compensation
insurance in the amounts required by law, and shall be solely responsible
for its own actions, its employees and agents.
Paragraph Headings. The captions and headings set forth in this Agreement are
for convenience of reference only and shall not be construed so as to define or
limit its terms and provisions.
S. Counterparts. This Agreement may be executed in counterparts. Signatures on
separate originals shall constitute and be of the same effect as signatures on the
same original. Electronic and faxed signatures shall constitute original signatures.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD art SHU1TLE)
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WHEREFORE, the Parties have entered into this Agreement as of the Effective Date .
REGIONAL TRANSPORTATION
DISTRICT
Phillip A. Washington
General Manager
Approved as to legal form for RTD:
Rolf G. Asphaug
Deputy General Counsel
FUNDING AGREEMENT
CITY OF ENGLEWOOD
Randy P. Penn
Mayor
ATTEST:
Loucrishia A. Ellis
City Clerk
FOR RTD FUNDING OF LOCAL 1RANSPORTATION SERVICES
(ENGLEWOOD art SHUTTLE)
Page 8
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Span of Service:
Weekday-
Saturday-
Sunday-
Holidays-
Service Frequency:
Weekday
Saturday-
Sunday-
Holidays-
Annual Revenue Hours:
Weekday-
Saturday-
Sunday-
Holidays-
Total
FUNDING AGREEMENT
Exhibit A
Description of the Services
6:30 AM-6:30 PM
No service provided
No service provided
No service provided
every 15 minutes
Not Applicable
Not Applicable
Not Applicable
6,120
Not Applicable
Not Applicable
Not Applicable
6,120
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD art SHU1TLE)
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ExhibitB
Description of the RTD Funding
Expenses-January 2014 -December 31. 2014
art operating hours expense-6120 hours @ 43.91 per hour
art fuel expenses
Total Expenses
$ 268,729
$ 48,520
$ 317,249
Estimated Farebox Revenue-January 2014-December 2014
Estimated Farebox Revenue* $ 59,838
*Because the City offers the art as a fare-free service, Estimated Farebox Revenue is based upon
a survey performed in October 2013 by RTD that determined the average fare that would have
been collected had the City charged RTD's local fare for the art service, and using the Operating
Parameters set out in Exhibit A.
RTD Funding*
$317,249 (Expenses)
$ 59.838 (Estimated Farebox Revenue)
RTDFunding $257,411
*The RTD Funding is calculated as the Net Cost of operating the art service up to the amount set
out above. Net Cost is calculated as Expenses (all operating costs for the art including fuel but
not administrative costs) less Estimated Farebox Revenue.
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD art SHUTTLE)
Page 10
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Exhibit C
Communication and Notices -Contacts
For the City:
City of Englewood
Community Development Department
1000 Englewood Parkway
Englewood, Colorado 80110
Attn: Harold Stitt
303.762.2341
For the RTD:
Regional Transportation District
1600 Blake Street
Denver, Colorado 80202
Attn: Bruce Abel
303.299.2839
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL 1RANSPORTATION SERVICES
(ENGLEWOOD art SHU1TLE)
Page 11
ExhibitD
Special Provisions
DRUG AND ALCOHOL TESTING PROGRAM. The Local Entity shall require its
contractor providing the Services to establish and implement a drug and alcohol testing program
that complies with 49 C.F.R. Part 40 and Part 655, and permit any authorized representative of
the United States Department of Transportation or its operating administrations, the State
Oversight Agency of Colorado, or the Regional Transportation District, to inspect the facilities
and records associated with the implementation of the drug and alcohol testing program as
required under 49 CFR Part 40 and 655 and review the testing process. The Local Entity further
agrees to certify annually its compliance with Part 40 and 655 before December 31st of every
year and to submit the Management Information System (MIS) reports no later than February
th
15 of every year to the Substance Abuse Testing Department, Regional Transportation
District,1600 Blake Street, Denver, CO 80202. To certify compliance, the Local Entity will use
the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for
Federal Transit Administration Grants and Cooperative Agreements," which is published
annually in the Federal Register.
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD art SHUITLE)
Page 12
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COUNCIL COMMUNICATION
Date:
March 3, 2014
Agenda Item:
9 a ii
Subject:
Intergovernmental Agreement -Colorado
Internet Crimes Against Children Task Force
Initiated By: Staff Source:
Police Department Commander Sam Watson
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council previously passed Ordinance No. 58 (Series of 2008), which authorized our participation in the
Internet Crimes Against Children Regional Task Force.
RECOMMENDED ACTION
The Police Department is recommending that City Council adopt a Bill for an Ordinance authorizing a
Memorandum of Understanding with the Colorado Internet Crimes Against Children Task Force (COICAC).
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Colorado Internet Crimes Against Children (COICAC) Task Force program has been established to assist
state and local law enforcement agencies in developing an effective response to cyber enticement and child
.ornography investigations. This support encompasses investigative, prosecutorial and forensic components,
training and technical assistance, victim services, prevention and community education.
The COICAC Task Force is partially funded by a grant from the Department of Justice /Office of Juvenile
Justice and Delinquency Prevention and grant funds may be provided for training, equipment and
investigations. The City of Colorado Springs Police Department is the grant holder and lead task force
agency.
As part of our participation in the COICAC Task Force, we have been awarded a grant of $6,200 which
would be used to purchase a laptop computer and "Cellbrite" software which is used for forensic inspections
of cell phones.
FINANCIAL IMPACT
There is no cost to participate in COICAC.
We have been approved to receive a grant award of $6,200.
LIST OF ATTACHMENTS
Grant award documentation
Proposed Bill for an Ordinance
•
Joseph Fowler
• From: Van Kampen, Janet <vankamja@springsgov.com>
Friday, February 07, 2014 12:47 PM Sent:
To: Joseph Fowler
Cc: Van Kampen, Janet
Subject: ICAC Grant Funds Request
Dear Officer Fowler,
Thanks for submitting your request. We apologize for the rush; however, due to circumstances beyond our
control, we were left with a very short time frame for awarding (and spending) the funds this grant cycle. There
were many great requests, and we appreciate that you are trying to provide the best investigative resources to
protect the children in our communities. The total funds requested by affiliates this cycle exceeded our
available dollars by more than $120,000, so we are unable to approve the total amount requested by each
agency. There were several criteria used to assist in the decision making process, including how much funding
was awarded to each agency last grant cycle, as well as each agency's reported statistics.
For those requesting upgrades for Cellebrite, we received numerous requests to upgrade Cellebrite units,
totaling over $60,000. Our Computer Forensics Detectives researched the Cellebrite situation and determined
• that current units should function through October 2014 , when updates will cease. The units will still function;
they just won't keep up with features on the newer devices. Support for the current Cellebrite units will be
available through June 2015. Our plan is to budget more dollars to meet these (and other anticipated Cellebrite)
requests in the next funding cycle, which we've been told should occur this fall.
•
After careful deliberation, we have earmarked $6,200 for the Englewood Police Department. If you did not
submit your original request to us on the ICAC GRANT EXPENDITURE REQUEST form, please do so at
this time. If you did use the form and your request has not changed, please just respond to this email,
indicating there are no changes.
Below is a listing of the approved items. If we disapproved an item that you want to prioritize, you may
resubmit the form, substituting the prioritized item instead of an approved item(s ), as long as your total funding
request remains at or below $6,200 and the prioritized item falls within the scope of the grant. If you have
questions, contact Janet Van Kampen at vankamja@ci.colospgs.us or 719-444-7560.
THE FOLLOWING ITEMS HA VE BEEN APPROVED:
1
-
Equipment Software/ Total Award
License/
Supply
$700 $5,500 $6,200
Cellebrite PC Logical Software
($4,500)
Laptop w/Windows 7
1 yr SMS lice11se ($_1,0_00) . -·
Remember, the sooner you get the form back to us, the sooner we can release funding to you. Please
remember the funds must be spent by May 16, 2014.
Thank you!
Janet
Janet Van KampenlProgram Coordinator
Internet Crimes Against Children Task Force
Colorado Springs Police Department
705 South Nevada AvenuelColorado Springs, CO 80903
719 .444.7560
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 12
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED
"COLORADO INTERNET CRIMES AGAINST CHILDREN TASK FORCE MEMORANDUM
OF UNDERSTANDING (MOU)" BETWEEN THE CITY OF COLORADO SPRINGS AND
MEMBER PARTIES INCLUDING THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, governments have the authority to join in agreements to fight these crimes
pursuant to the Colorado Constitution, Article XX, Section 6; Colorado Constitution Article
XIV, Section 18; Section 29-1-203 C.R.S., Title IV of the federal Juvenile Justice and
Delinquency Prevention Act of 1974, as amended; and
WHEREAS, the mission of the Task Force shall be to : share intelligence gathered by the
parties relating to internet crimes committed against children; make inter-jurisdictional arrests of
suspects; conduct training; provide public education on internet safety and preventive measures;
conduct joint open and undercover investigations pertaining to internet crimes against children;
and
WHEREAS, internet crime against children is an ongoing problem in the City and State as
well as around the world; and
WHEREAS, The Colorado Internet Crimes Against Children (COICAC) Task Force has been
established to assist state and local law enforcement agencies in developing an effective response
to cyber enticement and child pornography investigations; and
WHEREAS, The Colorado ICAC Task Force is governed by the National ICAC Operational
and Investigative Standards (standard operating procedures), the Colorado Revised Statutes and
each Agency's policies and procedures or guidelines; and
WHEREAS, the Colorado Internet Crimes Against Children Task Force is partially funded by
a grant from the Department of Justice/Office of Juvenile Justice and Delinquency Prevention to
provide grant funds for training, equipment, and investigations; and
WHEREAS, City Council approved and authorized an Intergovernmental Agreement for the
Internet Crimes Against Children Regional Task Force by the passage of Ordinance No. 63,
Series of 2007; and
WHEREAS, City Council approved and authorized an "Intergovernmental Agreement For
The Internet Crimes Against Children Regional Task Force" by the passage or Ordinance No . 58,
Series of 2008; and
WHEREAS, by the passage of this ordinance the Englewood City Council authorizes the City •
of Englewood's participation in the "Colorado Internet Crimes Against Children Task Force
Memorandum of Understanding (MOU) and acceptance of any Grant funding awarded to the
Englewood.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The Intergovernmental Agreement For The Colorado Internet Crimes Against
Children Task Force Memorandum of Understanding (MOU), attached hereto as Attachment 1,
is hereby accepted and approved by the Englewood City Council.
Section 2. The Mayor is hereby authorized to sign and the City Clerk to attest and seal said
Agreement for and on behalf of the City of Englewood, Colorado.
Section 3. The Colorado Internet Crimes Against Children Task Force is partially funded by a
grant from the Department of Justice/Office of Juvenile Justice and Delinquency Prevention to
provide grant funds for training, equipment, and investigations
Introduced, read in full, and passed on first reading on the 3rd day of March, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of
March, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of •
March, 2014 for thirty (30) days.
Randy P. Penn, 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 3rd day of March, 2014.
Loucrishia A. Ellis
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MISSION
COLORADO INTERNET CRIMES AGAINST CHILDREN TASK FORCE
MEMORANDUM OF UNDERSTANDING (MOU)
The Internet Crimes Against Children (ICAC) Task Force program has been
established to assist state and local law enforcement agencies in developing an
effective response to cyber enticement and child pornography investigations. This
support encompasses investigative, prosecutorial and forensic components, training
and technical assistance, victim services, prevention and community education.
COLORADO ICAC TASK FORCE
The Colorado Internet Crimes Against Children (COICAC) Task Force is committed
to the protection of children. The COICAC Task Force is partially funded by a grant
from the Department of Justice/Office of Juvenile Justice and Delinquency
Prevention and grant funds may be provided for training, equipment and
investigations. The City of Colorado Springs Police Department (hereinafter
referred to as the "City") is the grant holder and lead task force agency. All
participating agencies, defined as Affiliate Agencies (hereinafter referred to as
"Agency"), acknowledge that the Colorado ICAC Task Force is governed by the
National ICAC Operational and Investigative Standards (standard operating
procedures), the Colorado Revised Statutes and each Agency's policies and
procedures or guidelines. Each Agency will adhere to these minimum standards.
This Memorandum of Understanding ("MOU") is not intended to infringe on the
ongoing investigations of any Agency.
DIRECTION
The Agency agrees to the following:
1. Adopt and comply with the National ICAC Operational and Investigative
Standards ("Exhibit A"); and,
2. Investigate any Cybertips supplied by the National Center for Missing and
Exploited Children (NCMEC) that occur in the Agency's jurisdiction and notify the
City of the outcome of the investigation; and,
3. Participate in training of Agency Task Force members when Agency resources
allow; and,
4. Cooperate in joint or national investigations when Agency resources permit;
and,
5. When physically conducting an investigation in another jurisdiction other than
the Agency's shall be accompanied by a law enforcement officer of the
jurisdiction in which the investigation is occurring; and,
6. Attend COICAC Task Force meetings when Agency resources allow; and,
7. Submit the monthly report by the 10th of each month to the CSPD; and,
8. Deconflict any Internet Protocol address, online identity, suspect information or
any critical data involving an ICAC related investigation with a deconfliction tool
(Roundup, ICAC Child Online Protection Service/aka Fairplay, TLO) prior to
beginning an investigation and/or executing a search warrant; and,
A
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COLORADO INTERNET CRIMES AGAINST CHILDREN TASK FORCE
MEMORANDUM OF UNDERSTANDING (MOU)
person to serve as the primary point of contact for the Agency; •
This MOU shall be effective on the date the Agency is accepted to the COICAC
Task Force and upon execution of the MOU. This MOU shall remain in effect until
cancelled by either party upon written notification.
AGENCY NAME City of Englewood, Colorado
CHIEF ExECUTIVE Gary Sears, City Manager
ADDRESS 3615 s. Ela ti St, Englewood,CO 80110
CONTACT NUMBERS 303 762-2393
AGENCY CONTACT Joseph Fowler
AGENCY SUPERVISOR Christian Contos
Having read the operational guidelines, I request that my agency become affiliated with the COICAC Task
Force and I agree to the MOU terms.
SIGNATURE DATE
Randy P. Penn, Mayor
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ORDINANCE NO.
SERlES OF 2014
BY AUTHOR1TY
COUNCIL BILL NO . 8
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "EAST METRO AUTO THEFT TEAM (EMATT) MEMORANDUM OF
UNDERSTANDING FOR PARTICIPATING AGENCIES" BETWEEN THE COLORADO
STATE PATROL, THE COUNTIES OF ARAPAHOE AND DOUGLAS AND THE CITIES OF
AURORA, COMMERCE CITY AND ENGLEWOOD TO COMBAT AUTO THEFTS AND
VEHICLE INSURANCE FRAUD IN THE EAST METRO AREA.
WHEREAS, the City Council of the City of Englewood authorized an Memorandum of
Understanding with the Denver Metro Auto Theft Team (DMATT) by the passage of Ordinance
No.32,Seriesof2009;and
WHEREAS, the number of auto thefts throughout the East Metro area have increased
significantly; and
WHEREAS, it has been recognized that a large number of these thefts are committed by
individuals or groups of individuals who are not restricted in any way to committing these offenses
within the jurisdiction of a single agency; and
WHEREAS , the East Metro Auto Theft Team (EMATT) is a multi-agency law enforcement team
that combines law enforcement resources in order to better identify, investigate, and prosecute
perpetrators of motor vehicle theft and related criminal activity; and
WHEREAS , the purpose of the EMATT is to combat auto thefts and vehicle insurance fraud by
sharing both personnel and capital resources and by talcing an organized approach to investigating
these crimes ; and
WHEREAS , this Intergovernmental Agreement will formalize the relationship between the
participating agencies of the EMATT for policy guidance, planning, training, public relations and
media relations in order to maximize inter-agency cooperation; and
WHEREAS , each participating agency agrees that its law enforcement personnel and/or its
equipment may be used in conducting overt and covert investigations involving organized or multiple
motor vehicles thefts , chop shops and fencing of stolen motor vehicles and/or motor vehicles parts;
and
WHEREAS , one Investigator from Englewood Police Department will be assigned to this multi-
jurisdictional team to assist in criminal investigations of issues effecting not only Englewood but the
entire eastern Denver metropolitan area; and
9 bi
WHEREAS, the EMATT is funded through Colorado Auto Theft Prevention Authority (CATPA),
no federal funds are used; and •
WHEREAS this Intergovernmental Agreement provides for the sharing of services or functions by
political subdivisions of the State of Colorado, specifically authorized by CRS 29-1-203 (204);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Agreement "Memorandum of Understanding" relating to the
East Metro Auto Theft Team, attached hereto as Exhibit A, is hereby accepted and approved by the
Englewood City Council.
Section 2. The Chief of the Englewood Police Department is authorized to execute and attest said
Agreement for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 18th day of February, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of
February, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of
February, 2014 for thirty (30) days.
Read by title and passed on final reading on the 3rd day of March, 2014.
Published by title in the City's official newspaper as Ordinance No._, Series of 2014, on
the 7th day of March, 2014.
Published by title on the City's official website beginning on the 5th day of
March, 2014 for thirty (30) days.
Randy P. Penn, 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 2014.
Loucrishia A. Ellis
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East Metro Auto Theft Team
(EMATT)
MEMORANDUM OF UNDERSTANDING
FOR
PARTICIPATING AGENCIES
E x
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A
• East Metro Auto Theft Team (EMA TT)
MEMORANDUM OF UNDERSTANDING
Statement of Purpose .......................................................................................................................... 3
Mission Statement ............................................................................................................................... 3
Policy Statement .................................................................................................................................. 3
EMA TI Board of Directors ............................................................................................................. 4
Project Director ................................................................................................................................... 4
EMA TI Supervisors .......................................................................................................................... 5
EMATI Investigations ...................................................................................................................... 5
Intelligence/Staff Meetings ............................................................................................................... 6
EMA TI Facility Security ................................................................................................................... 6
Asset Forfeiture ................................................................................................................................... 6
Media Information Release Policy .......................................................................... : ......................... 7
• Equipment and Vehicles .................................................................................................................... 7
Personnel .............................................................................................................................................. 8
Salary/ Overtime Compensation ....................................................................................................... 8
Funding/Reimbursement ................................................................................................................... 8
Prosecution ........................................................................................................................................... 9
Deadly Force and Shooting Incident Policies .................................................................................. 9
Use of Informants ................................................................................................................................ 9
Llability ................................................................................................................................................ 10
Duration .............................................................................................................................................. 10
Conclusion .......................................................................................................................................... 11
Signatories ........................................................................................................................................... 12
• 2
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Statement of Purpose
The purpose of this Memorandum of Understanding is to establish general guidelines
for a multi-agency response to the ongoing problem of auto theft and auto theft related
crimes. Auto theft is recognized as a multi-jurisdictional problem, and, therefore, a
multi-jurisdictional approach focusing on complex auto theft and related crimes is the
most appropriate response.
Additionally, the memorandum memorializes the anticipated relationships between the
participating agencies with regard to policy, planning, training, public and media
relations and operational mandates in an effort to minimize confusion and maximize
operational effectiveness.
Mission Statement
The East Metro Auto Theft Team is established in an effort to identify, investigate and
prosecute perpetrators of motor vehicle theft and related crimes by means of
cooperative engagement, use of available and emerging technology, long-term
investigation and critical analysis of complex organizations, and to provide an
educational component to both law enforcement and the general public.
Policy Statement
Participating agency members agree that resources supplied by each agency are
supplied in order to conduct criminal investigations involving auto theft and auto theft
related crimes, including-but not limited to-motor vehicle theft, fraud, chop shops, and
the illegal sales of stolen motor vehicles and motor vehicle parts.
The East Metro Auto Theft Team Board of Directors shall adopt appropriate standard
operating procedures (S.O.P.'s) for the group. The S.0.P.'s, and any updates thereto,
shall be maintained by the board of Directors and in the office of the Project Director so
that they are always available to the Participating Agencies. These S.O.P.'s are intended
to provide guidelines to give proper guidance to Task Force operations. They are not
intended to supersede any of the participating agencies own policies and procedures.
These procedures are intended as guidelines and the Board of Directors may supersede
any of the approved S.O.P.'s when, in the sound discretion of the board of Directors and
at the request of the Project Director, investigative exigencies arise which require
deviation there from. Changes to the S.O.P.'s shall require a majority vote of the Board
of Directors to ratify the change. Any recommended changes to the standard operating
procedures shall be forwarded through the chain of command and presented to the
Board of Directors, if appropriate.
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East Metro Auto Theft Team Board o(Directors
The East Metro Auto Theft Team will have a Board of Directors. The Board of
Directors will consist of a representative or designee from each agency participating in
the East Metro Auto Theft Team . A participating agency is defined as any agency that
has an individual assigned to the East Metro Auto Theft Team on a full-time basis.
The Board of Directors will be responsible for the following:
1. The Board of Directors will address any issues of mutual concern to the
participants of the East Metro Auto Theft Team. This may include budget
matters, matters of policy and procedure and other matters .
2 . The Board of Directors will meet quarterly to facilitate the accomplishment
of East Metro Auto Theft Team goals and communicate on issues of mutual
concern. The Project Director will brief the Board of Directors on relevant
issues.
3. The Board of Directors will resolve any interagency conflicts that may arise
during the operation of this project.
4. A majority of the entire Board shall constitute a quorum. The Board shall
transact no business unless a quorum is present. In all matters requiring a
vote of the Board of Directors, a simple majority of the quorum present shall
prevail. In the case of a tie vote, the Project Director may cast a vote for the
purpose of breaking the tie .
5. The Board of Directors will have the final determination on all matters that
cannot be resolved by the Project Director.
6. The Board of Directors shall act as the Seizure Board for any monies seized
by the East Metro Auto Theft Team. The Board of Directors shall make
appropriate decisions regarding the expenditure or utilization of EMA TT
seizure money.
l'roject])irector
The East Metro Auto Theft Team will have a designated Project Director. The Project
Director will be a command officer (Lieutenant or higher) from the Aurora Police
Department selected by the Aurora Police Chief.
The Project Director will oversee and coordinate the operation of the East Metro Auto
Theft Team on a daily basis. The Project Director will manage all administrative and
operational issues including, but not limited to, the budget, grants, personnel,
4
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purchasing and other related issues. The Project Director will facilitate the flow of
relevant information to the Board of Directors.
East Metro Auto Theft Team Supervision
At the outset, first line supervision of the East Metro Auto Theft Team will be
conducted by an Aurora Police Sergeant. Additional first line supervision, if required by
expansion of the team, will be decided by the Board of Directors. No more than one
sergeant from any participating agency will be assigned to the team.
Team supervisors are responsible for the day-to-day operations of the project. They are
responsible for: supervising project participants, monitoring, directing, coordinating and
planning of investigations, case management, personnel training and evaluation, and
any other supervisory related function relevant to Team personnel or operations. They
will report to the Project Director.
Task Force supervisors will ensure that appropriate reports, forms and documentation
will be completed in an accurate and timely fashion. Task Force supervisors and the
Project Director will ensure that the policies and procedures adopted by the Board of
Directors regarding the operation of East Metro Auto Theft Team will be adhered to by
all participating members.
East Metro Auto Theft Team Investigations
All investigations at East Metro Auto Theft Team will be coordinated through the Team
Supervisor. Participants are strictly prohibited from conducting investigations without
supervisory permission. The Project Director will appropriately forward case
information to the Board of Directors during the quarterly Board of Directors meeting.
All investigations shall be initiated and conducted pursuant to the adopted standard
operating procedures of East Metro Auto Theft Team.
When East Metro Auto Theft Team personnel engage in enforcement action(s), they
will notify a supervisor or acting supervisor from that jurisdiction as soon as practicable
unless release of that information would jeopardize the case.
When a long-term case, as defined in the East Metro Auto Theft Team SOP, is initiated,
the Team supervisor will attempt to assign an officer from the jurisdiction where the
investigation is centered as lead case agent when practicable.
Cases investigated by the EMATT may be prosecuted at both the local and State level.
The use of any and all methods of investigation including, but not limited to, search and
arrest warrants, electronic surveillance and tracking, collection and storage of evidence,
and interviewing of suspects, will be consistent with both established State Law and the
policies and procedures of participating agencies. Evidence will be maintained and
processed by the lead case agent's home agency established policies and procedures.
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Intelligence/Staff Meetings
Members assigned to the East Metro Auto Theft Team will participate in weekly staff
meetings in order to facilitate coordination and communication of investigative
information, to identify ongoing operations with which assistance may be needed,
update ongoing operations with regard to progress, problems and potential for success,
and to communicate issues or concerns identified by participant's home agencies.
Personnel assigned to the EMA TT may utilize report forms and reporting formats
required by their respective agency. For reasons of continuity and expedience, the
EMATT may, however, develop certain forms to aid in arrest planning, surveillance
activity, case tracking and related matters. An officer assigned to the EMATT will not
be required to prepare or utilize a Team developed form, if such use is contrary to their
agency 's policies, practices, or regulations.
All investigative intelligence and information developed within or generated by an
agency remains the property of the agency from which it was obtained. Each
participating agency will control the dissemination of their information in accordance
with the law and that agency's established disclosure policies.
EMAIT Facility Security
The East Metro Auto Theft Team shall be housed in the Aurora Police Department
District 1 station on the third floor . All participating officers assigned to the EMATT
shall be provided with a key card allowing access to secured district stations. All
participating officers, while inside any Aurora Police secured facility, shall display
credentials in plain view.
Asset Forfeiture
Participants agree that any and all assets forfeited and received by the East Metro Auto
Theft Team will be handled in accordance with current state and federal asset forfeiture
laws. Utilization of any proceeds will be for the furtherance of the EMATT as deemed
appropriate by a majority of the Board of Directors, and the Board of Directors shall act
as the Seizure Board for EMATT. Under normal circumstances, Seizure Board business
shall be conducted at the regularly scheduled Board of Directors quarterly meetings.
EMATT will keep a record of any disbursement or expenditure of seizure monies .
The Project Director is responsible for maintaining records of any seizures and/or
disbursements, and these records will be made available to the Board of Directors at
quarterly meetings or upon request.
If the Project Director determines that there is an urgent need to expend seizure monies,
he/she may contact members of the Board of Directors by phone or by email to receive
approval. A permanent record of this communication shall be maintained with EMATT .
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Media Information Release Policy
Each participating agency at East Metro Auto Theft Team agrees to abide by the
standard operating procedure regarding the release of information to the media. No
member of the East Metro Auto Theft Team will release case information to the media
without permission from the Project Director (or designee).
The Project Director has primary responsibility for the release of EMA TT specific
information to the news media and the general public through the Public Information
Office of the involved jurisdiction and the Aurora Police Department. All requests for
information made to individual agencies for EMAIT specific information should be
forwarded to the Project Director for review. Any incident or crime scene which results
in news media attention will result in the Project Director or on-scene supervisor
coordinating with the Public Information Officer for the affected/involved jurisdiction
to ensure the appropriate and accurate release of information.
Equipment and Vehicles
Each participating agency is responsible for providing the necessary equipment and
vehicle for their member(s) assigned to the East Metro Auto Theft Team. Each agency
will be responsible for the security and inventory of its own equipment. Any equipment
provided to the East Metro Auto Theft Team for use by the Team will remain the
property of the contributing agency, which will be solely responsible for the
maintenance, repair and security of said equipment.
Equipment acquired and owned by the task force may be signed out to members of a
participating agency on an as-needed basis. Each participating agency agrees to replace
or repair East Metro Auto Theft Team equipment if said equipment is lost or damaged
through negligence or carelessness while in their employee's possession or custody.
Each participating agency agrees to provide their assigned personnel a vehicle for use
while assigned to the Team. Absent specific direction, only personnel from the home
vehicle agency are authorized to operate said vehicles. All vehicle expenses, including
fuel and maintenance, remain the responsibility of the home agency.
Normally only City of Aurora employees may operate vehicles that are owned or leased
by the City of Aurora. Other Team members must receive specific direction from an
Aurora Task Force supervisor prior to operating a vehicle owned or leased by the City
of Aurora.
Personnel
Participating agencies assigning personnel to East Metro Auto Theft Team are asked to
make that person available on a full-time basis. This will allow the EMATT to staff
investigations in a predictable, efficient and effective manner.
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Any officer assigned to the East Metro Auto Theft Team on a rotational basis primarily
as an educational experience (not a full-time assigned position) for the officer will not
be subject to reimbursement of EMATT funded overtime. Any overtime worked by a
temporarily assigned officer will be the responsibility of the officer's home agency.
Each participating agency will maintain responsibility for the actions, both personal and
professional, of its respective employees. Each participating member will be subject to
the laws, regulations, policies, and personnel rules applicable to members of their
respective agency.
The EMA TT Project Director or supervisor shall notify a supervisor of the home
agency of any participating officer of any complaint against a participating officer
arising from any act or omission by a participating member in the course of duties
associated with the EMA TT. The home agency of any participating officer shall have
primary responsibility for the investigation and resolution of any complaints of an
administrative nature against their officer. Allegations of criminal conduct by a
participating officer(s) shall be investigated by the jurisdiction in which the alleged
criminal behavior occurred. This does not preclude the participating officer's home
agency from conducting their own investigation into any allegations of criminal
behavior.
Salarv/Overti.me Compensation
Unless otherwise agreed to in a separate agreement or Memorandum of Understanding,
participating agencies agree to assume all personnel costs (subject to the reimbursement
process outlined below) for their East Metro Auto Theft Team representatives,
including salaries, overtime payments and fringe benefits consistent with their
respective agency.
Funding/Reimbursement
Funding for all East Metro Auto Theft Team associated operating costs shall be
provided through a grant award from the Colorado Auto Theft Prevention Authority .
Each grant period runs for 12 months. The continuation of the East Metro Auto Theft
Team funding is contingent upon the application for and award of necessary funding
through the Colorado Auto Theft Prevention Authority at opening of the appropriate
grant cycle.
Pursuant to Colorado Auto Theft Prevention Authority (CATPA) funding availability
and grant approval, reimbursement to participating agencies through CA TPA for
approved personnel expenses (salary, benefits, and overtime) will be pursued consistent
with the terms of the grant, provided that the expenses were incurred as a result of the
employee's work on the East Metro Auto Theft Team. Any overtime accrued in excess
of established grant limits will become the responsibility of the home agency .
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12/19/2013 LHC
Prosecution
The primary case agent/detective, supervisor, appropriate city or district attorney and
the office of the Colorado Attorney General will, on a case by case basis, determine the
most appropriate jurisdiction into which a specific case will be filed. Determination will
be made on the level of prosecution most likely to support a successful prosecution and
support the mission of the East Metro Auto Theft Team.
Nothing in the MOU precludes non-participating agencies from becoming the primary
case filer with regard to investigations which do not, upon further investigation, require
continued participation by the EMA TT for successful investigation and prosecution.
Deadly Force and Shooting Incident Policies
Members of the East Metro Auto Theft Team will follow their home agency's policies
concerning firearms discharge and use of deadly force.
This MOU recognizes that differing Agencies utilize different resources to investigate
incidents of deadly and/or potentially deadly force. Any incident involving the use of
deadly or potentially deadly force occurring within the course and scope of assigned
duties shall be investigated under the authority of the jurisdiction within which the
event occurred. Any internal investigation resulting from the use of deadly or
potentially deadly force shall be conducted by the participating officer's home agency.
The Project Director (or designee) shall immediately be notified of any use of deadly or
potentially deadly force, and shall notify the participating officer's home agency as
soon as practicable.
Use of Informants
The use of informants is recognized as a viable investigative tool. Informant handling
and documenting will be completed in accordance with the primary officer's home
agency guidelines. Additionally, all informants shall be documented in accordance with
the City of Aurora policies and procedures for tracking purposes.
No communication or documents will be prepared or disseminated outside the EMA TT
that would identify or otherwise make known the identity of any EMATT informant. If
any information on a confidential informant (Cl) becomes the subject of a motion for
discovery or court order in any court proceeding, all participating agencies agree that all
agencies shall be notified by the Project Director (or designee) prior to the disclosure of
informant information.
Liability
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12/19/2013 LHC
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Participating agencies acknowledge that this MOU does not alter the applicable law
governing civil liability, if any, arising from the conduct of personnel assigned to the
East Metro Auto Theft Team.
Participating members shall immediately notify a Team supervisor of any civil,
administrative, or criminal claim, complaint, discovery request, or other request for
information of which the agency receives notice, concerning or arising from the conduct
of personnel assigned to the EMATT or otherwise relating to the EMATT. Upon
receiving such notification, a Task Force supervisor will immediately make appropriate
notification of the situation to the Project Director and any affected participating
agencies.
Any and all requests for legal representation resulting from conduct associated with the
officer's official duties shall be handled in accordance with the requesting officer's
home agency's policies and procedures.
Any and all requests for legal representation resulting from conduct outside the normal
scope of the officer's official duties shall be handled in accordance with the requesting
officer's home agency's policies and procedures.
Duration
The term of this MOU is for the duration of the East Metro Auto Theft Team's
operations, contingent upon approval of necessary funding, but may be terminated at
any time upon written mutual consent of the agency involved.
Any participating agency may withdraw from the EMA TT at any time by written
notification to the EMA TT Project Director and the EMA TT Board of Directors Any
equipment provided by the EMA TT to the exiting agency shall be returned to the
EMA TT upon separation.
Conclusion
The Board of Directors may add or delete to this document as deemed necessary. Such
addition or deletion shall be reduced to writing and approved by a majority of the Board
of Directors.
This document is intended to provide guidance to East Metro Auto Theft Team
participants and will not supersede any agency's policies and procedures.
The undersigned East Metro Auto Theft Team participant representatives are committed
to the cooperative environment that must exist to ensure the success of this important
endeavor .
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12/19/2013 LHC
Signatories
The signature below indicates that the individual has received and read a copy of the
East Metro Auto Theft Team Memorandum of Understanding and, as a representative
of their agency, agrees to abide by the guidelines contained therein.
Arapahoe County Sheriff's Office
Aurora Police Department
Colorado State Patrol
Commerce City Police Department
Troy Smith, Chief of Police
Douglas County Sheriff's Office
Englewood Police Department
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12/19/2013 LHC
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ORDINANCE NO .
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 9
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A
VICTTh1 ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTTh1
ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT.
WHEREAS, the City of Englewood Police Department applied for funding under the VALE
Grants Program to be used for funding the Victim/Witness Program in the Englewood Municipal
Court; and
WHEREAS, the Victim/Witness Program in the Englewood Municipal Court has served the
victims of domestic violence since 1990; and
WHEREAS, the Englewood City Council authorized the 2013 VALE Grant acceptance by the
passage of Ordinance No . 19 , 2013; and
WHEREAS, the staff seeks Council approval of an Ordinance authorizing the application and
if granted the acceptance of a 2014 VALE grant funding in the amount of $19,435.82, for the
period of July 1, 2014 to June 30, 2015.
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
application for and acceptance of the VALE Grant and accompanying intergovernmental
agreement, a copy of which is marked as "Exhibit A" and attached hereto .
Section 2. The Mayor, the Chief of Police and the Director of Finance/ Administrative Services
are hereby authorized to sign said VALE Grant and accompanying intergovernmental agreement on
behalf of the City of Englewood.
Section 3 . The funds for the VALE grant come from fines assessed by the Colorado 18th
Judicial District. No Federal funds will be used.
Introduced, read in full, and passed on first reading on the 18th day of February, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of
February, 2014 .
9 b ii
Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of
February, 2014 for thirty (30) days. •
Read by title and passed on final reading on the 3rd day of March, 2014.
Published by title in the City's official newspaper as Ordinance No._, Series of 2014, on
the 7th day of March, 2014.
Published by title on the City's official website beginning on the 5th day of
March, 2014 for thirty (30) days.
Randy P. Penn, 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 2014.
Loucrishia A. Ellis •
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For Official Use Only:
Date Received--------Application Number ___ _ V/S or UE
Project Duration ___ to ___ _ Previously Funded Yes No All Materials Included Yes
No
~ate of Board Review Approved __ Denied Award Amount __ _
~ *****************************************************************************
VICTIM ASSISTANCE AND LAW ENFORCEMENT
GRANT APPLICATION
18th Judicial District
6450 S Revere Pkwy
Centennial, CO 80111
(720) 87 4-8608
tlassiter@da18.state.co .us
Please be advised that the board may revoke any contracUgrant if used inappropriately. Application must be typed or printed
in black ink. Applications must be copied on both sides (duplex). All application pages must be numbered. Please submit
one original and eight copies of your application. Limit application to 12 pages Including cover sheet and signature
page, but excluding attachments. Do not use a font any smaller than 12 point.
I.
11.
•"· IV.
APPLICANT AGENCY Englewood Police Department
PROJECT TITLE Victim/V\/itness Advocate
Project Director Nancy Wenig
Phone 303-762-2452
Address 3615 S. Elati St
Fax 303-783-6902
Englewood. CO 80110
E-mail: nwenig@englewoodgov.org
Web page http://www.englewoodgov.org/I ndex.aspx?page=487
AMOUNTREQUESTED_.....$~19~.4~3~5~.8~2 ______________________ ~
NON-PROFIT STATUS: Yes x __ No In Progress
Tax ID Number ---------------
GOVERNMENT AGENCY: _x _YES NO
V. REQUIRED ATTACHMENTS (Include with all copies):
•
A. Budgets
1. Agency Budget (Waived for governmental agencies)
2. Victim Assistance Program Budget
3. Itemized Project Budget (must Include budget narrative)
B. Copy of 501 (c) (3) IRS Tax Ruling (if applicable)
C. Listing of Board of Directors and Key Officers
D. Copy of current Financial Statement and Audit Report -(Waived for governmental agencies) (Attach to
original copy only)
E. Management Letter from Auditor-(Waived for governmental agencies)
F. Random Sampling of Client Satisfaction Surveys
G. If you are requesting a full or part-time position, you must attach your agency's classification of that position
and job description
H. Resume of program/project administrator
APPLICATIONS RECEIVED AFTER THE DEADLINE WILL NOT BE CONSIDERED
(10/2009)
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SECTION A: PROJECT CONCEPT/DESIGN
1.Description of the applicant agency:
Englewood Police Department provides emergency response to crime and non-crime
incidents within the City of Englewood as the primary law enforcement agency for the City.
2. Substantiate or quantify the problem your program is designed to address within this
community, i.e. factually or with other supportive documentation.
Englewood Victim Assistance provides the Victim/Witness Advocate to assist victims of
domestic violence for the Englewood Municipal Court. This position is currently held by Nicole
Maynard.
3. Description of the project, which would be funded by VALE, funds in the 18th Judicial
District. (Be specific regarding what services VALE funds will provide to this community.)
The Victim/Witness Advocate for the Englewood Municipal Court will provide support for
victims of domestic violence through the Court process. The position also ensures that victims are
informed of their Rights under the Constitution and assists in providing those Rights. During the
period from July 1, 2012 to June 30, 2013 there were 124 arraignments of domestic violence
crimes in the Municipal Court. The Victim/Witness Advocate contacted 281 victims during that time
•
and 95 were new victims. There were 526 contacts with victims at arraignments, penalty hearings,
probation reviews, motions hearings, show cause hearings, and trials. Ms. Maynard also contacted •
victims through telephone calls, personal appointments, and letters. These contacts were to
answer questions, inform victims of their Rights, and to discuss needs. Ms. Maynard also counsels
family members who come to Court with the victims. We expect the need for services to remain the
same, or increase, for this upcoming Grant cycle.
4. A. Identify and describe the project's goals and objectives. Your objectives must be
measurable and specific.
• To provide a Victim/Witness position to ensure support for victims of domestic violence
through the Court process according to the standards set forth in the Victim's Bill of Rights.
• To ensure that victims in the Englewood Municipal Court are informed of their Rights under
the Victim's Bill of Rights .
• To provide follow-up with victims after Court.
• To educate victims of the dynamics of domestic violence.
• To provide referrals to appropriate community resources such as Victim Compensation,
counseling, legal or financial assistance.
• To maintain contact with agencies or individuals such as Victim Compensation, Interfaith
Task Force, Human Services, shelters and therapists to maintain up-to-date resources
available to the victim.
• To work closely with the probation officer to be sure that the goals of therapy are being met
and the needs of the victim are being considered. •
2
• (Section A question 4. A. continued)
• To keep a client "check list" form for each domestic violence client served. This checklist
will include referrals made, Victim Compensation application given, therapists suggested
and restitution requests.
• To maintain Court information, brochures and referral resources for clients from various
ethnic backgrounds using translation and counseling services listed in our Resource Book.
B. What is your timetable and work plan for accomplishing your objectives?
Our timeline is ongoing.
5. A. Address what problems, if any, you anticipate in implementing the program/ project goals
and objectives.
Last year there was a change in procedure for the Municipal Court that made it difficult to
receive timely and accurate information regarding hearings or probation appointments. Ms.
Maynard has been extremely responsive to this dynamic and is maintaining a high level of victim
contact despite the change.
B. How do you plan to resolve these problems?
•
Victim Assistance has an excellent working relationship with the Prosecutor's Office and the
Court. Victim Assistance is part of a collaborative effort to solve the problem and represent victims
in the solution. This includes constant conversations with all parties to ensure victims are being
•
kept informed and considered in the solutions.
SECTION B: SERVICE INFORMATION
1.A. Define the population and geographic area targeted for services through this project.
This program will be available to all victims of domestic violence who are victimized in
Englewood and whose case is heard in the Englewood Municipal Court.
B. If the project is not located entirely in the 18th Judicial District, what percentage of services
would be for victims and witnesses in the 18th Judicial District?
The project is located entirely in the 19th Judicial District.
3
2. A. Include a brief description of how the project strives to provide culturally competent
services. Cultural competence is defined as a process in which an agency continuously strives to •
achieve the ability to work effectively within the cultural context of an individual or community from
a diverse culture/ethnic background. If the project does not now strive to offer culturally competent
services, how will you do this in the coming grant period? Include cultural competency efforts in
the goals and objectives in Section A, question 4.
• We use the services of the Translation and Interpreting Center for translations in Court to
include spoken languages as well as sign language.
• The Court is equipped with a FM system for people who are Deaf or Hard of Hearing.
• All of the Court information is translated into Spanish. We have a Spanish speaking
translator for Court hearings which are scheduled once a month for all the Spanish speaking
clients. These services are provided by Executive Languages. Ms. Maynard is currently
revising the Spanish language information packet. ·
• We have available a list of agencies from many ethnic backgrounds and are constantly
updating this list. Examples include: Asian Pacific Development Center, DOVE, CHAI,
Servicios de la Raza, and Muslim Family Services.
• We have packets designed specifically for the Gay, Lesbian, Bisexual, Transgendered,
Queer population and the unique dynamics presented.
• We have packets designed to address male victims.
In addition to providing information in native languages, the program strives to provide culturally
competent services by attending trainings and meetings to update the Advocates. Ms. Maynard •
and Ms. Wenig have attended several trainings, provided by the Colorado Coalition Against
Domestic Violence and the Colorado Organization for Victim Assistance, on culturally appropriate
responses and interventions. Ms. Maynard and Ms. Wenig take advantage of training opportunities
to further cultural competence and the conversation continues within the Victim Assistance Unit
and the Department as a whole. This information is then incorporated into the packet for victims.
3. A. What number of people is in need of the services as proposed by this project?
(Identify source of information).
From July 1, 2012 to June 30, 2013, there were 95 new victims and 281 total victims served
in the Municipal Court as documented by Court records. The Victim/Witness Advocate attempts to
contact all those whose lives are impacted by domestic violence, identified by either offense
reports or incident reports. During this time period, Ms. Maynard contacted 225 people affected by
domestic violence outside of the Court process. These victims made contact with the Police
Department and the incident did not rise to the level of an arrest; however, services were offered to
these victims. Historically, these numbers remain similar and we anticipate the same level of need
for the upcoming Grant cycle.
4
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B. What number of people are currently being served in the 18th Judicial District and how?
.(Identify source of information.) Explain how you report client numbers and service numbers.
•
At present, there are approximately 255 domestic violence cases active in the
Municipal Court and approximately 195 victims being served from 2013 and previous years.
Each month, approximately 10 cases are finalized; hence, the number of active cases is
constantly changing. Ms. Maynard keeps a written record of all client contacts. At any point
during the case, a victim may require notification or intervention. There are approximately 15
to 20 new cases each month.
C. What percent of the victims you serve are monolingual Spanish speakers?
There are approximately 2% monolingual Spanish speaking victims. One afternoon
per month is designated as a Spanish-speaking docket. All of the Spanish-speaking
domestic violence cases are set on this docket. The VictimJ\Nitness Advocate has access to
an interpreter and is able to interview victims.
D. How will your project diminish or eliminate any duplication of services?
There are no similar services available through the Municipal Court. This program is
designed to refer victims to agencies that are providing services outside of the scope of this
program to avoid duplication of services. Each victim is matched with referral resources that
meet her or his needs .
E. How will you coordinate services with similar or like programs?
The program is designed to refer victims to services that will respond to their specific
needs. Through appropriate referral, each victim is matched with referral resources that
meet her or his needs. Ms. Maynard continuously networks with other agencies and
advocates in order to better coordinate services when needed.
4. Define the management plan for the program/project. Identify specifically who will:
• be responsible for daily operations
• be accountable for the expenditure of grant funds.
• Include the resume of program/project administrator
The Victim Services Coordinator, Nancy Wenig is the coordinator and supervisor of the project.
The VictimJ\Nitness Advocate, Nicole Maynard, submits a daily record of court activity to Ms.
Wenig which includes victim name, referrals made, victim compensation information, restitution
requests, and any other pertinent information . Ms. Wenig is responsible for the expenditure of the
grant funds under the supervision of the Chief of Police, John Collins, and the Director of Finance,
Frank Gryglewicz .
•
5
5. In compliance with the American Disability Act (ADA) on providing access, how does your •
agency provide accommodations for crime victims or victim seNice providers?
The Englewood Municipal Court is fully accessible to persons with disabilities. We
collaborate with other service providers to address all areas of disability.
SECTION C: EVALUATION INFORMATION
1. How will you evaluate whether or not this project has met its stated goals and objectives?
Explain how you evaluate the following:
• Process Evaluation -Did the program meet the project goals and objectives?
• Outcome/Impact Evaluation -Did the program achieve the stated outcomes or behavioral
changes? How did the delivery of services improve the life situation of your clients?
• Overall agency success -How do you measure if your agency is "doing its job" well?
Process Evaluation: The program will have met its goals and objectives by providing all
victims with ongoing support during and after his/her Court appearance. The program will
have provided all victims with information on their Rights.
Outcome Evaluation: Our goal is to provide safety and support for victims of domestic
violence as well as to educate victims of the Court process and services available. One
measure of success is the rate of acceptance of Victim Compensation applications for
counseling. In 2013, 76 victims contacted at arraignment took applications for Victim •
Compensation. We constantly encourage victims to participate in counseling. We hope
our efforts to encourage counseling for victims will help them recover. It is difficult to
quantify this measure of success. It is noted; however, that many victims contact the
Advocate months or years later when facing a separate life crisis. It is a measure of
success that the victim feels safe contacting Ms. Maynard to receive counsel, advice, and
knowledge of systems even after the case is final.
Overall agency success: Our relationship with the City Attorney and Judge is excellent.
The process with which victims move through the Court process is efficient and
informative. Survey reports and follow up phone calls reflect a positive experience in the
Court. Victims are encouraged to keep in contact with Ms. Maynard to work through any
rough spots in their recovery. If a victim has a concern or complaint at any time during the
process, it is immediately staffed between Ms. Maynard and Ms. Wenig. The concern is
then addressed where the problem is concerned. This may be with Court, Prosecution, or
VictimM/itness procedures and the solution is always victim-centered and allows the
victim to have a voice in the process.
6
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SECTION D: CONSTITUTIONAL AMENDMENT
1. A. Define how this program/project will address the guidelines for assuring the rights of victims
•
nd witnesses as outlined in the Victim Rights Act (Section 24-4.1-302.5 C.R.S.). List specific
ervices to be provided.
• Each victim is given a brochure at the arraignment, which outlines Victim's Rights.
These Rights are reviewed by the Victim/Witness Advocate periodically to determine the
victim's comprehension of these Rights.
• Victims are informed of each stage of his/her case.
• No plea agreement is made with the defendant without consulting the victim.
B. What services are you providing as outlined in the VALE statute (Section 24-4.2-
105C.R.S.).
The legislative intent is to assure that all victims of and witnesses to crime are
honored and protected by law enforcement agencies in a manner no less vigorous than the
protection afforded criminal defendants.
• The Victim/Witness Advocate ensures compliance with the guideline listed for assuring
these Rights to victims of domestic violence in the Municipal Court.
• Englewood Police Department has made a clear effort to provide victims
with the services entitled to them by the Victim Bill of Rights. The Court program
addresses all of these rights including: the right to be present and informed of critical
stages in Court, to be heard at Court proceedings, and to confer with the prosecuting
attorney prior to disposition. • • The victim is asked if restitution is requested and is offered services such as financial or
legal help, shelters, or Victim Compensation.
•
• The Victim/Witness Advocate has a private office and waiting room at Court so that the
victim is assured of safety and privacy before Court proceedings.
2. Does your agency have a statutory mandate to notify victims under the Victim Rights
Amendment (VRA)? X_ Yes __ No If yes, please answer the following questions.
How do you presently notify victims of their rights under the VRA?
A folder is provided to each victim at arraignment which contains No Contact Orders,
literature on Domestic Violence, a Victim's Rights brochure, Victim Compensation
application and the Victim/Witness Advocate's card. Ms. Maynard explains these Victim's
Rights to her/him at the arraignment and continues to keep the victim informed of changes
in the status of the case, schedules and results of hearings, availability of property return
and other information pertinent to the victim's case while the case is active in Court. Ms.
Maynard makes these contacts in person, by phone, and by letter.
7
What is the approximate number of clients who receive notifications made by your
agency each year? (N= #of clients)
There were approximately 281 victims contacted from July 1, 2012 to June 30, 2013 .•
These victims had cases in various stages of resolution, each needing information on the
status of the case as well as other information pertinent to the victim's needs, e.g . property
return , Victim Compensation information, etc.
What is the approximate total number of notifications made by your agency each
year? (N=# of total notifications)
Each victim has on average 5 contacts with the Victim/\Nitness Advocate during the
course of the case in Court. With approximately 124 new victims in this time period, this
equals 620 contacts with victims in person, by phone, and by letter. Ms. Maynard also
contacts victims who have made a police report that does not result in charges filed to
assess safety, review Rights, and provide resources and support. These additional contacts
are not reflected in these numbers.
3. Does your agency have a victim rights brochure that is distributed to victims?
A Victim's Rights Brochure is attached . This is given to each victim at the time of
arraignment or through a letter sent to the victim. We are in the process of updating the
brochure.
4. Describe the training your agency provides to all staff and volunteers about informing •
victims of their rights under the Colorado Constitution . ·
Each volunteer and staff member has received the Colorado Guidelines for Assuring
the Rights of Victims of and Witnesses to Crimes. The volunteers have discussed this
report as well as the Victim's Rights Brochure at meetings and are instructed to give the
brochure to victims when appropriate on calls and to answer any questions regarding these
Rights. All Police and Fire personnel were trained on Victim Rights during the in-service
academy in April 2013.
Date of last training: __ _...A .... o ..... r ...... il __ 2 __ 0 __ 13 _______ _
Training provide by: __ ___;_;N ..... a;.;..;.n..;;;..,cy.._W........,.e ...... n .... ig.__ __
What percent of your staff attended the above training?
100%
8
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5. Are any of the services provided by your agency eligible for Crime Victim Compensation
reimbursement? Yes x No
Is so, list services: • Does your agency regularly conduct or receive Crime Victim Compensation training for
direct services staff or volunteers? x Yes No
Describe the training on victim compensation that has been provided to your staff and
volunteers.
Date of last training : __ _.N ..... o __ v ..... e ..... m .... b ..... e __ r __ 2 __ 0 __ 13 ___ _
Training provide by: ____ N~an""'"c""'y._W.;...;...;;e'"'"'n"""ig ____ _
SECTION E: ADDITIONAL COMMENTS
Nicole Maynard was hired as the Victim/Witness Advocate in May of 2008. Since that time, Ms.
Maynard has immersed herself in the work of advocating against domestic violence. She has
gained experience by attending various and multiple trainings throughout the State to maintain
current best practices. This allows her to provide excellent advocacy to victims in court. Attached
is a list of training for Ms. Maynard in 2013 .
•
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SECTION F: BUDGET SUMMARY/FINANCIAL INFORMATION
1. Total amount of VALE funds requested: $ 19.435.82
2. Will the amount requested provide full funding for the project? __ Yes _x _No •
If no, please identify other funding sources and amounts received within the past two years .
Do not include other VALE funding. Please also include other pending grants.
Source Date of Award Amount
3. Are you currently receiving VALE funding? _x_ Yes No
If yes, please identify the Judicial District and the amount requested and received. Include
current year funding from the 18th Judicial District.
Date of Award District Amount Requested Amount Received
July 1. 2013 18th $18,507.00 $18,507.00 __ _
4. Will you be applying to other VALE Boards for funding? __ Yes __ x No
If yes, please identify the Judicial District and the amount requested.
Date of Request District Amount Requested
5 . Does your agency receive victim assistance funding through the use of a municipal•
surcharge? If yes, you must provide specific documentation outlining your agency's
surcharge intake for the last two fiscal years and detailing how these funds were
distributed.
The program does not receive any funding through the use of a municipal surcharge .
We are in a unique position within the State in that we have the only elected Municipal
Judge; Judge Vincent Atencio . We have approached Judge Atencio yearly to request a
VALE surcharge to no avail. Judge Atencio will not add any surcharges to the fines no
matter the case.
6. If an increased amount of funding over this year's grant award is being requested, please
provide written justification. Substantiate or quantify factually or with other supportive
documentation.
The amount we are requesting is an increase from previous Grant requests due to
increased employee costs and a continued decline in revenues.
7 . Anticipated client fees if any, from this project: $ NIA ____ _
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8. Describe the volunteer and/or in-kind services that will be used for this program/project.
No volunteer hours contribute to this program . • 9. What percentage of your total budget is this request for VALE funds?
Approximately 40% of the total budget would be VALE funded.
10. If this program/project is to continue beyond the initial funding period, please identify how the
program/project will be funded in the future. Please be specific.
The City of Englewood is committed to the VictimM/itness Program in the Municipal Court.
The City is willing to provide the difference in the total cost of the program. The City of Englewood
has been responsible in assuming their share of successful programs when it is financially able .
•
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The applicant assures that the following signatories and all staff and volunteers assigned to this
project have read and understand the rights afforded to crime victims pursuant to section
24-4.1-302.5 C.R.S. and the services delineated pursuant to sections 24-4.1-303 C.R.S . and
23-4.1-304 C.R.S.
I hereby certify that the information contained herein is true and correct to the best of my
knowledge and belief.
Nancy Wenig Project Director
Typed Name of Project Director
Signature Project Director's Date
Chief John Collins Agency Director
Typed Name of Agency Director
Signature, Agency Director Date
Frank Grvglewicz Financial Officer
Typed Name of Financial Officer
Signature, Financial Officer Date
Randy P Penn. Mayor Authorized Official
Typed Name of Authorized Official
Signature Authorized Official Date
Project Director: The person who has direct responsibility for the implementation of the project. This
person should combine knowledge and experience in the project area with ability to administer the project
and supervise personnel. He/She shares responsibility with the Financial Officer for seeing that all
expenditures are within the approved budget. This person will normally devote a major portion of his/her
time to the project and is responsible for meeting all reporting requirements. The Project Director must be
a person other than the Authorized Official of the Financial Officer.
Agency Director: The executive director of the agency . This may in some agencies be the same person
as the project director or authorized official.
Financial Officer: The person who is responsible for all financial matters related to the program and who
has responsibility for the accounting, management of funds, and verification of expenditures, audit
information and financial reports. The person who actually prepares the financial reports may be under
the supervision of the Financial Officer. The Financial Officer must be a person other than the Authorized
Official or the Project Director.
Authorized Official: The authorized official is the person who is, by virtue of such person's position ,
authorized to enter into contracts for the grant recipient. This could include : Mayor or City Manager,
Chairperson of the County Commissioners, District Attorney , President of Chairperson of the Board of
Directors, Superintendent, or other Chief Executive Officer.
12
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 10
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO APPLY
FOR AND ACCEPT FUNDING FROM THE U.S. DEPARTMENT OF mSTICE -OFFICE OF
ruSTICE PROGRAMS, FOR THE PURCHASE OF BULLET PROOF VESTS.
WHEREAS, the Bullet Proof Vest Partnership Grant Act of 1998 is a U.S. Department of
Justice initiative designed to provide a critical resource to state and local law enforcement; and
WHEREAS, the U.S. Department of Justice will reimburse local law enforcement, including
the Englewood Police Department, 50% of the department's investment in the purchase of bullet
proof vests for its police officers; and
WHEREAS, federal funds from the U.S. Department of Justice fund are used; and
WHEREAS, the U.S. Department of Justice has mandated a "mandatory wear" policy to
qualify for receiving the Grant and the Englewood Police Department is in compliance; and
WHEREAS, the City Council of the City of Englewood, Colorado authorized application and
acceptance of funds from the U.S. Department of Justice -Office of Justice Programs to assist
the Englewood Police Department with the purchase of bullet proof vests by Ordinance No. 29,
Series of 2011; and
WHEREAS, the passage of this Ordinance authorizes the Englewood Police Department to
apply for and accept funding from the U.S. Department of Justice -Office of Justice Programs,
which will assist the Englewood Police Department with the purchase of bullet proof vests for
this grant period of April 1, 2013 through August 31, 2015.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
application for and acceptance of a grant from the U.S. Department of Justice -Office of Justice
Programs to assist the Englewood Police Department with the purchase of bullet proof vests for the
grant period of April 1, 2013 through August 31, 2015.
Introduced, read in full, and passed on first reading on the 18th day of February, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of
February, 2014.
9 b iii
Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of •
February, 2014 for thirty (30) days.
Read by title and passed on final reading on the 3rd day of March, 2014.
Published by title in the City 's official newspaper as Ordinance No . _, Series of 2014 , on
the 7th day of March, 2014 .
Published by title on the City 's official website beginning on the 5th day of
March, 2014 for thirty (30) days.
Randy P. Penn, 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 2014.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
March 3, 2014 9 c i A resolution appropriating funds for the River Run Project
Initiated By: Staff Source:
Finance and Administrative Services Department Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has continually supported acquiring and upgrading open space, parks, and recreational areas
in and around the City of Englewood. One of the City's "outcomes" is "A City that provides diverse
cultural, recreation and entertainment opportunities." City Council's has discussed the River Run Project at
the following study sessions:
• August 8, 2013 -Staff provided City Council with an update on the River Run Project
• January 21, 2014 -The South Platte Working Group provided a presentation to City Council
regarding the scope of the River Run Project.
• February 18, 2014 -City Council requested staff prepare a resolution for a supplemental
appropriation for City Council's consideration .
RECOMMENDED ACTION
Staff recommends City Council approve the attached resolution for a supplemental appropriation to the
2014 Budget for the following:
SOURCES AND USES OF FUNDS:
OPEN SPACE FUND:
SOURCE OF FUNDS:
Unassigned Fund Balance $100,000
USE OF FUNDS:
River Run Project $100,000
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 from C 470 South to the Englewood city limits on the North. The intent is to
provide better accessibility to the river for recreational use. Some of the parties included in this group are
the City of Englewood, the City of Sheridan, the City of Littleton, Arapahoe County, South Suburban Parks
and Recreation District, the Colorado Water Conservation Board, Urban Drainage and Flood Control
District, the Army Corps of Engineers and other interested parties .
In April 2012, Arapahoe County pledged up to $5,000,000 in seed money to help leverage new dollars for
river restoration, recreational opportunities and environmental enhancement of the South Platte River. •
Each entity that receives project support from this funding source will be required to provide a 50% match
for its projects. Over the last eighteen months, Mayor Penn, City Manager Gary Sears and I have been
representatives to this group effort on behalf of the City of Englewood.
The primary focus area for the City of Englewood has been the area between Union Avenue and Oxford
Avenue. We have titled this portion of the project as the "River Run Project". Key projects in the area
include a passive walking/biking trail on the east side of the river, new kayak shoots in the river at Oxford
Avenue, channelization of the river for faster water flow, screening of unsightly views along the river,
improvements for fishing and recreation access and development of the area (north east corner of Oxford
Avenue and the Platte River) at Broken Tee Golf Course.
FINANCIAL IMPACT
This action will reduce the Open Space Fund's Unassigned Fund Balance by $100,000.
LIST OF ATTACHMENTS
Proposed Resolution
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION APPROPRIATING FUNDS FOR THE RIVER RUN PROJECT.
WHEREAS, the City of Englewood is required by City Charter to ensure expenditures do not
exceed legally adopted appropriations; and
WHEREAS, the 2014 Budget was submitted and approved by the Englewood City Council on
October 21, 2013; and
WHEREAS, the South Platte River Group is a consortium of interested parties whose goal is
to make improvements along the South Platte River from C 4 70 South to the Englewood City
limits on the North; and
WHEREAS, some of the parties include the City of Englewood, the City of Sheridan, the City
of Littleton, Arapahoe County, South Suburban Parks and Recreation District, the Colorado
Water Conservation Board, Urban Drainage and Flood Control District, the Army Corps of
Engineers and other interested parties; and
WHEREAS, the intent is to provide better accessibility to the South Platte River for
recreational use; and
WHEREAS, in 2012 Arapahoe County pledged up to $5,000,000 in seed money to help
leverage new dollars for river restoration, recreational opportunities and environmental
enhancement of the South Platte River; and
WHEREAS, each entity that received project support from this funding source will be
required to provide a 50% match for its projects; and
WHEREAS, Englewood's primary focus area has been between Union Avenue and Oxford
Avenue this portion of the project is the "River Run Project"; and
WHEREAS, key projects in this area include a passive walking/biking trail on the East Side of
the South Platte River, new kayak shoots in the River at Oxford Avenue, channelization of the
river for faster water flow, screening of unsightly views along the river, improvements for fishing
and recreational access and development of the area (north east comer of Oxford Avenue and the
Platte River) at Broken Tee Golf Course; and
WHEREAS, the passage of this resolution appropriates the City of Englewood's 50% match
for the River Run Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Budget for the General Fund of the City of Englewood, Colorado, is hereby
amended for the year 2014, as follows :
1
OPEN SPACE FUND:
SOURCE OF FUNDS :
Unassigned Fund Balance $100,000
USE OF FUNDS:
River Run Project $100,000
Section 2. The City Manager and the Director of Finance and Administrative Services are
hereby authorized to make the above changes to the 2014 Budget for the City of Englewood.
ADOPTED AND APPROVED this 3rd day of March, 2014.
ATTEST:
Randy P . Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. ___J Series of 2014.
Loucrishia A. Ellis, City Clerk
2
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COUNCIL COMMUNICATION
Date Agenda Item Subject
March 3, 2014 9 c ii Ford 550 Truck with Chipper Body
Initiated By Staff Source
Public Works and Parks & Recreation Pat White, Fleet Manager
Dave Lee , Open Space Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
A City that provides and maintains quality infrastructure . Council approved the purchase of a GMC dump
truck in 1999.
RECOMMENDED ACTION
Staff recommends that Council Approve, by motion, the purchase of a Ford F-550 truck chassis, equipped
with hook-n-go system with chipper body and flatbed as per State Award 07000YYY80M.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This unit replaces Unit 5199, a 1999 GMC dump truck that has met the replacement criteria of mileage,
•
maintenance dollars spent and years of service. The replacement unit will be able to perform two functions
(a chipper unit & flatbed truck) with one (1) vehicle for the Parks Department.
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FINANCIAL IMPACT
Funding has been budgeted for this replacement purchase and is available through the Capital Equipment
Replacement Fund (CERF) for $39,000 and Open Space Fund for $38,613. The total cost of this unit is
$77,613 .
LIST OF ATTACHMENTS
Copy of State Award
New Vehicle Summary Specification Sheet
Kois Equipment Company Equipment Quote
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Ve/1ic/e Profile
Powertraln
Prepared By:
Jahn Wieneke
Spradley Barr Ferd, Greeley
4901 29th Street
Greeley, Ca&famla, 80834
Phone: 970-506·3621
Fax: 970-506-3674
2014 Ford F-550 Chassis
4x2 SD Regular Cab 165" WB DRW XL (FSG)
PowetSlrake 6, 7L V-8 OHV direct dlesel Injection 32 valve lntercooled turbo diesel engine • 200 amp HO altemator •
750 amp (total) 78 amp hours (Ah) (total) battery dual batteries with run down protection • Engine block heater•
6-speec:I electronic SelectShlft automatic transmission with overdrive, lack·up, driver &election •Rear-wheel drive •
Umlted slip dlfferanUal, drlveline traction control, power take-off provision • 4.88 axle ratio • Stainless steel exhaust
Steering and Suspension
Hydraulic power-assist re-clrculaUng ball steering • 4-wheel disc brakes with rront and rear vented discs • Ann ride
wspenslon • Mono-beam non-independent front suspension • Front antl-roU bar • Front coll springs • HO front
shocks • Rigid rear axle • Rear leaf suspension • Rear anti-roll bar • HD rear leaf springs • HD rear lhoc:lcs • Front
and rear 19.5" x 6.00" argent steel wheels • LT225170SR19.5 BSW AS front and rear tires • Frame mounted
ma~nted full.size steel spare wheel
Safety
4-wheel antl·lock braking system • Dual airbags, passenger side front-Impact cancellable airbag, seat mounted
driver and passenger side-impact airbags, curtain 1st row overhead airbag• Front height adjustable seatbelts
Comfort and Convenience
Air conditioning .. AMIFM stereo, cloclc, seek-scan. 2 speakers, foced antenna • 2 12V DC power outlets, back-up
alann •Analog Instrumentation display Includes tachometer, engine temperature gauge, turbo/supercharger boost
gauge, transmission fluid temp gauge, engine hour meter. exterior temp, systems monitor, trip odometer • Wamlng
Indicators Include oR preseure, engine temperature, battery, lghts on, key, low fuel, door ajar, service Interval, brake
ftuid • Steering wheel with tHt and telescopic adjustment • Manual front windows wllh Hght tlnt • Variable Intermittent
rront windshield wipers • Passenger side vanity mirror • Day-night rearvlew mirror " Interior tights Include dome light
with fade, front reading lights • Glove box, front cupholder, Instrument panel bin, dashboard storage • Upfitter
switches
Seating and Interior
Seating capacity of 3 • "40-20-40 split-bench front seat wilh adjustable head restrain!$, center armrest with storage •
4-way adjustable driver seat Includes lumbar support • 4-way adjustable passenger seat • Cloth faced front seats
with carpet back material • Ful cloth headiner, full vlnyl/nlbber tloor covering, urethane gear shift knob, chrome
Interior accents
Exterior Features
Side Impact beams, front license plate bracket, fully galvanized steel body material • Black fender flares • Black side
window moldings, black front windshield moldlng • Bla<:k door handles • Black grille • 2 doors • Traier hamesa,
brake controller • Driver and passenger manual black rotding manual extendable trailer outside mirrors • Front black
bumper with front tow hooks •Aero-composite halogen headlamps • AddlUonal exterior fights Include cab clearance
lights, undethood tight • Clearcoat monotone paint
Prlnttd an January 13, 201" at 12:411
Price Level: 420 QuotatD: <None> Pagt1
Vellicle Profile Co11tilme11 Prepared By: John Wieneke
Dealership: Spradley Barr Ford, Greeley
Exterior Features (Continued)
Warranty
Basic ......... ..•.• ... .•... ..• .••..•••• 36 month/36,000 miles Powertraln .......................... . 60 month/60,000 miles
60 month/60,000 mile& Corrosion Perforation •••••• 60 month/unlimited mileage Roadside Assistance .••••••.••••
Olesel Engine ...•.•.•..•.......••. 60 mooth/100,000 miles
Dimensions and Capacities
Output ...................... ............... 300 hp@ 2,800 rpm Torque .................................. 660 lb.-ft.@ 1.600 rpm
1st gear ratio ··········-··-····-············ ............... 3.974 2nd gear ratio ................................................ 2.318
3rd gaar ratio ............... ... •.••.••. ... .. .• • ••••.. .. ...... 1.516 4th gear ratio ... ................ ••.• .• ........................ 1.149
5th gear ratio •• .•••.•. ..•.•. •. ............................ .... 0.858 6th gear ratio ................................................. 0.674
Reverse gear ratio ................ _....................... 3.128 CUrb weight ..................... ;...................... 7,790 lbs. GVWR.................................................. 19,5001bs. Front ............................... _........... 6,500 lbs.
Rear GAWR ........................................... 14,706 lbs. Payload ....................... ............... ...... ..•• 11,843 lbs.
Front curb weight ....................... ~............ 4,498 lbs. Rear curb weight •••• .............. ............... •.••• 3,292 lbs.
Front axle capacity.................................... 7,000 lbs. Rear axle capacity.................................. 14,706 lbs .
Front spring rallng .................................... 6,500 lbs. Rear spring rating •..•••.••..•. ...••••••. ........... 15,000 lbs.
Front lire/wheel capacity ....... •••.. ••..•.•.••...••• 7 ,500 lbs. Rear lire/wheel capacity ........................... 15,000 lbs.
Towing capacity ........................... ~ ........ 16,000 tbs. 6th-wheel towing capacity ........................ 17.200 lbs.
Front legroom ............................................... 41.1" Front headroom ............................................. 40.7 •
Front hlproom ............................................... 67.6" Front shoulder mom •..•. ....•.. .... ............. .......... ea.o "
Passenger area VOiume ......... ................... 65.9 cu.fl. Length .. .•. • ••.•••••..••• •.••••.••. ....... ................... 250.5 •
Body width ......................................... ·······.... 93.9 .. Body height ................................................... 80.7"
Wheelbase ··············-···········.. .•...•.••••••. .••••• 185.0" Cab to axle ................ •••. ....................... ........ 84.0 •
Axle to end of frame ........................................ 47.6" Front tread .................................................... 74.8 H
Rear tread •.•••. •••• •• • •• ••• .•. . .•• .... .............. .••.• .... 7 4.0 • Turning raclus ..................................... .......... 24.3 '
Fuel lank ............ •..•. ..••..•......•• .. . . .............. 40.0 gal. Rear frame height loaded .............................. .. 27 .9 "
Rear frame height unloaded .•• ••• .• •••••.••. ..• .•• ..... 33.4 •
Prln .. d on Jlnuary 1S, 2014at12:45
Price Leval; 420 QuotelD: cNone> Pa;t 2
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Prepared For: Prepared By:
John Wieneke
Spradley Barr Ford. Greeley
4901 29th Street
Greeley, Caliromla, 80634
Phone: 970-506·362.1
Fax: 970·506-3674
Selecte<l Optio11s 2014 Ford F-550 Chassis
4x2 SD RAnular Cab 165" WS DRW XL lF5G
Vehicle Snapshot
Engine: 6.7L 4V OHV Power stroke Diesel V8 820
Transmission: TorqShlft 8-Speed Auto wfOC:
Code
F5G
Packages
BSOA
Emissions
425
Powertrain
99T
44W
XBL
68M
Wheels & Tirea
Rear Axle Ratio: Limited Slip wf4.B8
GVWR: 19,500 lb Payload Plus Upgrade Package
Description
Baae Vehicle Price (F5G)
Order Code 660A
(99V} Englne: B.11(. 3-Valve SOHC ER NA V10; ('4T) 'fhlnsml5slon:
TofflShlff 5-Speed Auto IW'OO: lneludes S•lectShll.; (X.fl) 4.88 Axle Retfa;
(STDGV) GVWR: 18,000 lbs Payto.d Package; (TFBJ Tfnls: 225170Rll19.5G
SSW AS (6): (64ZJ Wbeels: 1u· Alfl8lll Painted Steel (6J: (A) HD Vinyl
4Q.'2<V40 Spit Bench Sell : lncludea driver aide manual lumbar suppott.
CMter anntesl. cupholder and 110tBge.: (587) Reclfo: AM/FM SllnO
w/Dlgllll Clock: tncludes 2 spgk«s.
SQ State Emissions Svstam
Engine: &.TL 4V OHV Power Stroke Diesel V8 820
200Amp Sxlta H•IVY Dul)'Altemalor. (X41} 4.10AxteRallo: Dual 78AH
S.U.ries. Includes c:leen ~ decal and lnlelllaent all life minder. TolflUI: 660
n.tbs. G 1soo ,,,,,,_
Transmission: "torqShlft 6.Speed Auto w/OD
lncludH SelectShlft.
Umlted Sllp wl.C.88 Axle Ratio
GVWR: 19,500 lb Payload Plus Upgrade Package
Includes upg11dld flame, upgraded springs and law delfecUonlhigh capacily.
/nae/JS .. mu RGAWR lo 14, 70tl. NOTE: Sff Otder Guk/9 Supplemental
Reference for futlher details on G VWR.
Printed on January 13, 2014 at 12:45
Price Level: 420 QuotelO: <None>
Class
STD
OPT
OPT
OPT
OPT
OPT
OPT
Page3
Selected Opticms Cm1ti111"11/ Prepared By:
Code
TFB
64Z
Dealership:
Description
Tires: 225170Rx19.5G BSWAS (6)
Wheels: 19.5" Argent Painted Steel (6)
512 Spare Tire & Wheel
John Wieneke
Spradley Barr Ford, Greeley
(6M 6-Ton Hydraulic Jaclc. Excluder cam.r. REQUIRED in Rhode Island.
Seats & Seat Trim
1 Cloth 40/201.eO Split Bench Seat
Includes ceder annrasl. cupholder and .slorape.
Other Options
PAINT
165WB
41H
Monotone Paint AppllcaOon
165" Wheelbase/84" Cab to Axle
Engine Block Heater (Regional)
Standard In Alam, Colorado. /owl, Idaho, Masuclluselts, Maine,
Miclllgen. Mlme&CU. Mont11na, NeMtska, North D11kote, New Hampstl/re,
New Yotk. South Dlllot1. Vermonf. W1consin and Wyoming.
61J S·Ton Hydraulic Jack
REQVIREO In Rhodl lsl11nd.
62R
528
Transmission Power Take.Off Provision
Trailer Brake Controller
Vftritled to be compatible wRh electlOtlic-aclual•d drum b/Pes only.
587 Radio: AMJFM Stereo w/Dlgltal Clock
lllctudn 2 speal<fltS.
76C Exterior Back-Up Alann (LPO)
P1&·lnslaHtd custom 1CC1tSS01y.
Interior Colors For: Primary w/XL (regs)
1S Steel
Primary Colors For: Primary wlXL (regs)
Z1 Oxford White
Vehlcle Subtotal S'llllE:
Destination U t,ICK
Vehicle Subtotal (including Destination)
-+-
Spradley Bllrr Ford Lincoln of GMley INC
4801 Dth St
GrMJey, CO 80834
John Wfen11te
.8tl) f'~1c.1NC..
As S"fec/D -
Class
INC
INC
OPT
OPT
STD
STD
OPT
INC
OPT
OPT
INC
OPT
OPT
OPT
Commercial Accounts Mainager
JwlenekeQapradleybarrgrHfey.com
p 'Hil;Mli;iliHii!;;;;;.;iiiiii;;;n;'CftiiiiiiiiiiiiliO'iia'l!i"mliiiimiiiiiiiiiiili'Mi:iiiiiii;;i;aL'iiiiiffi'iiiiiiiiiiiiiieiOiiiiiiii;T.Ylniiiili;-F ....
CeY«1fa
Printed on January 13, 2014 at 12:4'5
Price Leval: 4'20 QuolllD: <None> Page<l
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SERVICENTER GARAGE
SUMMARY SPECIFICATION SHEET
FOR
NEW VEHICLES
STA TE AW ARD# ___ ...-0 ...... 70....,0 .... 0YX-..Y ..... 8_,,0 .... M _____ _
ENGLEWOOD BID# _________________ _
MANUFACTURER OF VEHICLE--..F ..... or=d.___ _________ _
MODEL OF VEHICLE F550
AIR CONDffiONING YES NO
AUTOMATIC TRANSMISSION YES NO
POWER WINDOWS YES NO
POWER DOOR LOCKS YES NO
4 WHEEL DRIVE YES NO
FLEX FUEL OPTION YES NO
CERF REPLACEMENT YES NO
NEW ADDITION TO FLEET YES NO
DEPARTMENT VEHICLE ASSIGNED TO ___ O;;;m2--.1,...30..,..5 ..... P .... a....,rk=s-=D.-.ep"""a"'"'rtm=--en .... t
COMMENTS: This unit will replace Unit 5199. a 1999 GMC dump truck that has
met the replacement criteria for years of service. maintenance dollars spent. and miles of
µse. This unit's life had previously been extended for an additional 3 years. The
replacement unit will be eguit}ped with a hook-n-go system that will allow one vehicle to
perfonn the duties of a chipper body unit and flat bed. The funds for replacement are
available through the Capital Equjoment Replacement Fund <CERF) and Open Space
Funding •
SOLD TO: SHJ:P T01
DATE
01/17/14
QUOTE NO.
*** QUOTE
PAGE
l
1-1-2007
***
CITY OF ENGLEWOOD CITY OF ENGLEWOOD
PAT WHITE 303-503-0413
2800 PLATl'E RIVER DRIVE
ENGLEWOOD CO 80110
PAT WHITE 303-503-0413
2800 PLATTE RIVER DRIVE
ENGLEWOOD CO 80110
COSTOMER PO
QUOTE/BID
Dear John,
CUSTOMBR NOH
99999
Slll:P Vll
FOB ENGLEWOO
SALBSMAN
2
TERMS
CASH
CUSTOMER PHONE
9705063621
We are pleased to submit the following quotation for rour consideration. The
equipment we are providing is supplying the best possible solution to your
equipment needs. We strive to give the highest quality of equipment so that
your up time is maxmized. Please review the quote and let us know if
there is anything we can change for you.
Thank you,
Jesaez:y
PllT HOMBllR DBSCRil'TZON Qft ORD
SSS••D~·-····-~--m~a •=·····-~·~·-···········---··· as•••••
STELLAR PL!X36 *84-10 HOOU.I:FT 10-12' OON'INRS 1.00
PTO AUTO TRANNY •FOR FORD SOPERDtJTY 1.00
POLY FENDERS •SINGLB AXLE DtnU. REAR WHEELS 1.00
BUMPER 16K •w/ RECIEVER TtJBE & LED LT lCI:T l.00
ICC SAFSTY IC.IT •FIRE EXTINGUISHER M REFLECl'OR 1.00
TRAl:L2R PLOG "7 PI:N ROUND 1.00
10'X96• 1/8" FLTBD l.00
10'X96•X42" STAKE •RACltS FOR FLATBED XO.IS MANFAC 1.00
CHIPPER BODY *10' W/ HOOKLIFT P'RJUG: BAOROX 1.00
All reu1::ned gaoda -t be accoepanl•d by
i11vou:a :ind are •ubjoct t.o handl1a11 charge after 30 dayo.
•••NO 10.·nnucs """" to DAYS• ..
" SltllYICl: CIWIUI OF n P£ll ll>tml, ;ro PEil .. ._ WILL II N>llCD TO AW INllOtCE llOT PAID.
1Y no; 1A5T Do\Y OP' na: llllNTH IN WKICff IT ts 1111£, WI MS COlmllllWIG lltnl Tiii: F"l11 I"'80a
ITNllWITDS ACT Of' 19ll AS AHENDCD. HOT RUl'OMS18L& FOR TIMEl.QIT 'DUE TO nllU, ITIUIES
OR CAWi£5 BEYOND OUR COllTAOT., 8TlllODllAJIHICllL MU CLEllICAL DRDllS SUllJICT TO COUICflOll
'tJWnt YOU POR ALLOWING US TO QtJOTB ~BBSB ITKMS. YOtJR. COST :tS
UOH
••• ••Z•••••as =====··==
BA 17,036.00 17,036.00
EA l,t20.00 1,920.00
2A 932.00 932.0D
BA 1,188.00 l,188.DO
EA 160.00 160.00
EA 210.00 210.00
EA 4,485.00 4,485.00
EA 1,690.00 1,690.00
EA a,ass.oo 8,855.00
Sub Toe&l 36,476.00
Sales Tax o.oo
F.B.T. 0.00
Freight a ; E £ ----J/,tf~O
'rOTAL t I I f,O'O
)\ 'flJ r;s~~ . I
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COUNCIL COMMUNICATION
Date Agenda Item
March 3, 2014 9 c iii
STAFF SOURCE
Subject
2013 Englewood Water
Conservation Plan Update
INITIATED BY
Utilities Department Stewart H . Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the existing Englewood Water Conservation Plan on September 3, 2013.
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommended to Council to have the Mayor sign the letter to the
Water Conservation Board responding to comments received regarding Englewood 's September 2013
Water Conservation Plan at their January 14, 2014 meeting.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The existing Water Conservation Plan passed by Council outlines Englewood's existing water system,
•
history, the community it serves, the public information program, the metering program, leak repair and
maintenance and additional proposed water conservation measures .
•
The Colorado Water Conservation Board (CWCB) completed their review of Englewood 's Water
Conservation Plan and gave conditional approval. The attached letter addresses the conditions outlined in
the review and provides details and clarification for final approval.
The primary issue is the voluntary conversion to meter over a three year period. If unsuccessful after three
years, then 100 meter conversions a year will be required. In the event that sufficient meters are not
installed by the third year, the Utilities Department would purchase and install enough meters to make the
required conversions.
FINANCIAL IMPACT
Final approval of the proposed plan would enable Englewood to apply for future state loans, grants and
water/wastewater revolving funds.
LIST OF ATTACHMENTS
E-mail memo from Kevin Reidy dated January 23, 2014
Letter dated March 4, 2014 to Mr. Kevin Reidy of the Colorado Water Conservation Board
Approved minutes from January 14, 2014 Water and Sewer Board meeting
Ith:!'. Burrage
rom:
Sent:
To:
Subject:
Attachments:
Yasser Abouaish
Thursday, January 23, 2014 12:28 PM
Cathy Burrage
FW: Review complete for City of Englewood plan
Englewood Conservation plan review 7-09-13.docx
From: Reidy -DNR, Kevin [mailto:kevin.reidy@state.co.us]
Sent: Thursday, August 29, 2013 11:21 AM
To: Yasser Abouaish
Cc: Becky Mitchell; Ben. Wade
Subject: Review complete for City of Englewood plan
Dear Yasser: I have completed the review of the City of Englewood's water efficiency plan and have attached
my review sheet to this email. I have given the plan a conditional approval which means that I will approve the
final plan if the conditions outlined in the review are taken care of.
There are a few areas that are deficient in the plan but the big one, as you might expect, is the metering issue.
Full metering is a foundational aspect of utility water management and is subject to the Metering Act of Y2000.
TJi...solution I am proposing is an active meter installation program as opposed to a customer-based passive
:9r installation program. This will ensure that the City of Englewood will be fully metered within a set time
frame. Otherwise, the City of Englewood may never be fully metered.
I would be happy to meet to go over the review in order to move the plan to an approved status .
Kevin
KeYin Reidy
Office of \Vater Conservation and Drought Planning
Colorado \Vater Conservation Board
Department of Natural Resources
1313 Sherman St., Room 721
Denver, CO 80212
Tel: 303-866-3441ext.3252
kevin.reidy@state.co. us
www.cwcb.state.co.us
•
• CITY 0 F ENGLEWOOD
March 4, 2014
Mr. Kevin Reidy
Office of Water Conservation and Drought Planning
Colorado Water Conservation Board -DNA
1313 Sherman St., Room 721
Denver, CO 80203
RE: City of Englewood Water Conservation Plan Review
Dear Kevin:
The following letter is in response to the comments provided by your office (dated August 29,
2013) and follow-up e-mail dated November 26, 2013 regarding the City of Englewood's
• September 2013 Water Conservation Plan.
•
Administrative
Both administrative issues have been addressed (please see formal submittal and plan
appendix)
Consumption Number Issues
Consumption number issues have been resolved and the plan has been updated accordingly.
Water-wise Landscaping and Efficient Irrigation
Additional description on water-wise landscaping and efficient irrigation was added to the plan.
Turf and landscape standards and irrigation system requirements for new construction will be
re-evaluated at future planning efforts due to the fact that Englewood is not seeing a large
amount of new construction at this point. For water-wise landscaping and efficient irrigation
educational programs, Englewood has opted to refer residents to Denver Water's educational
programs. Englewood currently does not have the staff resources to build a landscaping and
irrigation educational program .
1000 Englewood Parkway Englewood, Colorado 80110 Phone 303-762-2635 ·
www.englewoodgov.org
Residential and Commercial Audits
Currently, City staff performs water audits for customers that notice spikes in their water consumption.
A City water technician visits the residents, inspects the meter, audits indoor uses, and searches for •
leaks. During the irrigation season, the technician will search for irrigation system leaks, inspect the
system components, and walk the irrigated areas for overwatering. The City envisions a residential
audit program in which local plumbers may also be utilized to help perform indoor and outdoor water
audits for interested residential and multi-family customers.
The City envisions a commercial and industrial audit program in which indoor and outdoor commercial
and industrial water audits are be performed by a third party consultant for interested water customers.
Since commercial and industrial water use varies so much, City staff does not have the expertise to
perform these audits. These third-party audits are an effective way to educate commercial and
industrial businesses on how they can save water.
Incentive and Rebates
The residential and commercial audit programs are the City's rebate and incentive programs. Due to
the large amount of staff time needed to establish and run rebate and incentive programs, Englewood
has opted not to pursue any additional rebate and incentive programs at this time.
Metering Issues
Last but not least, in CWCB's initial plan review, you requested that the City commits to moving from a
customer-based meter replacement program to a utility-base, pro-active meter installation program.
Englewood has approximately 11,000 water connections, of which 8,700 are single family homes (SFH)
-All non-residential accounts are metered. There remains 1,750 SFH yet to be metered, and the City •
is changing those at a rate of 100-150 per year.
To help customers understand how much water they use and how much that will cost, the City will
phase in a fully-metered system (described below). Residents will know how much water they use, and
the equivalent usage-based cost vs. flat rate, for a period of time before the metered rate takes effect.
The City of Englewood is committed to full metering as a foundational goal for effective conservation
planning. The Utilities Department has designed its water metering program in an innovative way that
fits its unique conditions while ensuring compliance in a more-defined timeline as follows:
PHASE I -Englewood will immediately begin a voluntary meter installation
program/initiative* for 3 Years as described in the current water conservation
plan. Englewood Utilities expects 250 new meter conversions per year based on
the current mandatory conversion and Englewood Meter Assistance Program
(EMAP) in addition to the new metering initiative. This new initiative will start in
year 2014 for approximately 100 meters and continue on a rotating-basis. This
should result in Englewood becoming fully-metered in 7 years
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PHASE II -If Phase I doesn't achieve the anticipated/required results (fully metered in 7
years), the City will implement an additional program to further expedite the pace
of meter conversion. We will proactively add 100 new meter conversions per
year.which will also encourage the new metered customers to convert to metered
rate. This should ensure a fully-metered system by year 2019
Once again, we appreciate the financial and technical assistance we received throughout this planning
process and are eager to start the implementation phase. I hope this letter satisfactorily addresses all
the conditions in your review. Please feel free to contact me if you have any questions/concerns or
need additional information.
Respectfully,
Randy Penn
Mayor
Cc: Members of City Council
City Manager Gary Sears
City Attorney Dan Brotzman
5:02 p.m.
Present:
Absent:
Also present:
WATER & SEWER
MINUTES
TUESDAY, JANUARY 14, 2014
Oakley, Wiggins, Habenicht, Waggoner, Woodward, Burns, Penn,
Olson
Lay, Gillet, Moore
Stewart Fonda, Director of Utilities
John Bock, Manager of Administration
Yasser Abouaish, Utilities Engineer
The meeting was called to order at 5:02 p.m.
•
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1. MINUTES OF THE NOVEMBER 12, 2013 MEETING.
The Board reviewed the Minutes of the November 12, 2013 Water Board meeting.
Motion:
Moved:
To approve the Minutes of the November 12, 2013 Water Board meeting
as written.
Burns Seconded: Waggoner
Motion approved unanimously.
2. GUEST: JENNIFER DANIELSON -460 E. YALE A VE.
Ms. Danielson appeared before the Board to request that the Board waive Ordinance 12-2-4-B
that requires her to replace her sewer line to Yale for new construction. Her existing sewer line
is also connected to 2701 and 2725 S. Pennsylvania St. and all lines converge in her front yard.
Mr. Fonda noted that the existing sewer service line was TV'd and determined to be sound. She •
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is concerned that it would be prohibitive to close and reroute Yale, and would be a considerable
inconvenience to her adjacent neighbors.
Ms. Danielson recognizes and agrees that this would be a variance in which the City of
Englewood would not be responsible for this service line . Staff and Englewood's City Attorney
will confer with Ms. Danielson on the language for the agreement. Notice of the variance will be
recorded against the deed for 460 E. Yale Ave. notifying future purchasers of the waiver. Staff
recommended granting the waiver.
Mr. Penn requested that the Board receive a copy of the agreement and waiver that will be
recorded against the property.
Motion:
Moved:
To approve Ms. Danielson's request to waive Ordinance 12-2-4 B
requiring her to replace her sewer line subject to an agreement on the final
language and the waiver being recorded against the titled.
Bums Seconded: Oakley
Motion approved unanimously .
3. PURCHASE OF LOADER/BACKHOE.
The proposed loader/backhoe is used for excavating dirt and fill for water, sewer and stormwater
projects. The purchase is recommended to replace the existing 13-year old Unit #1359 according
the CERF replacement schedule. Honnen Equipment Company is the lowest recommended
bidder at $114,655 for the basic loader/backhoe. Options for an extendible dipperstick with
auxiliary hydraulic lines and the mechanical front wheel drive were added making the total cost
$131,555. This purchase was approved in the 2014 budget and will be funded by the CERF
Fund.
Motion:
Moved:
To approve the bid from Honnen Equipment Company for a loader/backhoe in the
amount of $131,555 .
Waggoner Seconded: Habenicht
Motion approved unanimously .
4. GUEST: GARY STEVENS & CHRISTIAN AGGELER -GLOBEL STORAGE,
2690 W. UNION A VE.
Mr. Gary Stevens of Globel Storage and his attorney, Christian Aggeler, appeared before the
Board to discuss a problem with a water service line going to a neighboring house from his
property at 2690 W. Union Ave. Another water service line was tapped on Mr. Steven's service
line going to 2710 W. Union Ave. without the City's knowledge or payment of tap fees. Mr.
Stevens has turned off the line going to 2710 W. Union Ave., which then switched to an existing
well on their property. Mr. Stevens noted that he may want to disconnect the existing lines for
redevelopment.
Dan Brotzman, Englewood's City Attorney, noted that the issue in disconnecting the service line
at the main would be making two houses uninhabitable. The City is not going to tum off the
service line as long as the bill is paid. The owner of 2690 W. Union can turn off the water to the
other house and the legal issue would be a civil matter.
Mr. Brotzman also noted that the owner of 2710 W. Union Ave. does not have permission to
reconnect the illegal tap. Putting in a water service line to that address would require proof of an
easement and Mr. Brotzman noted that the existing easement is not legally clear.
The Board unanimously agreed to take no action in this civil matter.
5. WATER CONSERVATION PLAN REVIEW.
Mr. Abouaish, Utilities Engineer, appeared before the Board to discuss the Colorado Water
Conservation Board (CWCB) conditional approval of Englewood's Water Conservation Plan.
The Board received a copy of a letter dated December 19, 2013 responding to comments
received from the CWCB. A memo from Yasser Abouaish, Utilities Engineer, dated December
23, 2013 was also attached outlining conservation plan steps that have been implemented.
The CWCB staff has completed their review of the City of Englewood's Water Conservation
Plan and has given the plan a conditional approval. A letter was drafted to address the conditions
outlined in the review and to provide details and clarification, which are required for final
approval. The conditional approval consists of voluntary conversion to meters and upon
property title transfer for three years. If unsuccessful after three years, then 100 meter
conversions a year will be required. The mayor would be able to sign the letter clarifying
conditional approval letter to the Water Conservation Board. In the event that sufficient meters
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• are not installed by the third year, the City would purchase and install enough meters to make the
required conversions.
The approved letter to the CWCB will go to a future City Council study session and then be
forwarded to the mayor for his signature.
Motion:
Moved:
Recommendation to Council to have the Mayor sign the letter to the Water
Conservation Board responding to comments received regarding
Englewood's September 2013 Water Conservation Plan.
Bums Seconded: Kells
Motion passed unanimously.
lB
6. INTEREST ON LATE FEES.
The Board received a memo from John Bock regarding a citizen's complaint regarding interest
on late fees. The memo notes that while Municipal Code #12-lD-4 and 12-2-30 allows us to
collect interest, the Utilities Department has elected not to, but does collect delinquency charges
on an unpaid balance. John reviewed the existing code for late fee requirements.
• The Board reviewed a copy of a letter that the Utilities Department received from Mr. Jack
Derby regarding the same issue.
The Board discussed and concurred to continue to charge late fees on delinquent accounts.
Motion: To continue late fees as established.
Moved: Kells Seconded: Wiggins
Motion approved unanimously.
EXECUTIVE SESSION
Motion: To move to adjourn to Executive Session.
Moved: Oakley Seconded: Habenicht
Motion passed unanimously .
• Executive session began at 5 :58 p.m .
Roll Call:
Present: Wiggins, Burns, Habenicht, Oakley, Waggoner, Penn, Olson
Also present: Stewart Fonda, Dan Brotzman, Cathy Burrage, Kerry Bush
Stewart Fonda and Dan Brotzman presented information regarding water rights negotiations .
Motion: To move to adjourn the Executive Session and reconvene the Water and
Sewer Board meeting in progress.
Moved: Penn Seconded: Habenicht
Motion approved unanimously .
7. INFORMATIONAL ITEM: DENVER POST ARTICLE DATED DEC. 4, 2013
"WATER LINES: DENVER-WEST SLOPE WATER AGREEMENT FINALLY
FINAL."
The Board received a copy of the above Denver Post article discussing the Colorado Cooperative
Agreement between Denver Water and 42 West Slope water providers and local governments .
The meeting adjourned at 6:40 p.m.
The next meeting will be Tuesday, February 11, 2013 at 5:00 in the Community Development
Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
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COUNCIL COMMUNICATION
Date:
March 3, 2014
Initiated By:
Agenda Item:
11 a i
Community Development Department
PREVIOUS COUNCIL ACTION
Subject:
Letter of Commitment to Participate and
Intergovernmental Licensing Agreement By and Between
DRCOG and the City of Englewood for the Denver
Regional Aerial Photography Project
Staff Source:
John Voboril, Planner
Council authorized license agreements for the Denver Regional Aerial Photography Project in 2008 and
2010.
RECOMMENDED ACTION
Staff recommends Council adopt a Bill for an Ordinance authorizing the signing of a Letter of Commitment
to Participate in the 2014 Denver Regional Aerial Photography Project and an Intergovernmental Agreement
(IGA) between the Denver Regional Council of Governments (DRCOG) and the City of Englewood for the
Denver Regional Aerial Photography Project (DRAPP) .
• BACKGROUND AND ANALYSIS
The City of Englewood has participated in the DRCOG Denver Regional Aerial Photography Project since the
inception of the program. The program takes place every two years. Denver metro municipalities benefit
through the program by acquiring imagery together as one entity to substantially drive down the costs that
would be incurred by each member if acquiring the imagery on an individual city project basis.
Aerial photography is used extensively by Community Development, Utilities, Waste Water, and Public
Works for the purposes of mapping and analysis, project planning and engineering, and infrastructure
management. In order to be effective for these purposes, it is imperative that the imagery be updated every
two years, in order to effectively track real world changes on the ground.
The licensing IGA sets the conditions the City agrees to abide by for use of the aerial photography for the
City's business purposes. This project will provide updated digital photography (6 inch resolution) of the
DRCOG region to participating members. The not to exceed cost to the City is $3,000 and will be shared
between Community Development, Utilities, Waste Water, and Public Works. The price is a fraction of the
cost if the City were to undertake such an aerial photography project itself.
FINANCIAL IMPACT
Funding of this project is included in the approved 2014 budgets of the participating departments.
ATTACHMENTS
•
Letter of Commitment to Participate in 2014 Denver Regional Aerial Photography Project
Bill for an Ordinance
• {' c T y 0 F ENGLEWOOD
CITY COUNCIL
March 4, 2014
Denver Regional Council of Governments
A TIN: Roberta Cole, Contracts Department
1290 Broadway, Suite 700
Denver, CO 80203.
Re: Intent to Participate in the 2014 Denver Regional Aerial Photography Project
Dear Ms. Cole:
• Please accept this letter as notification of the City of Englewood's commitment to
participate in the 2014 Denver Regional Aerial Photography Project (DRAPP).
The City of Englewood is willing to commit an amount not to exceed $3,000.00 to this
project.
We understand that this fee will provide us with this imagery to support the goals and
objectives of our business activities, subject to the terms and conditions of the DRAPP
License Agreement.
Sincerely,
Randy P. Penn, Mayor
Mayor Randy Penn , District 3 • Mayor Pro Tern Linda Olson, District 2
• Rick Gillit, District 4 • Joe Jefferson, District 1 • Bob McCaslin, At Large • Jill Wilson , At Large • Steven R. Yates , At Large
1000 Englewood Parkway • Englewood, Colorado 80110 • Phone 303-762-2310 • FAX 303-762-2408
www.englewoodgov.org • E-mail : council@englewoodgov.org
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO . 13
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA)
ENTITLED "LICENSING AGREEMENT REGARDING DENVER REGIONAL AERIAL
PHOTOGRAPHY PROJECT" BETWEEN THE DENVER REGIONAL COUNCIL OF
GOVERNMENTS AND THE CITY OF ENGLEWOOD, COLORADO FOR THE CITY'S
PARTICIPATION IN THE DENVER REGIONAL AERIAL PHOTOGRAPHY PROJECT
(DRAPP).
WHEREAS, the Denver Regional Aerial Photography Project will provide the City with updated
digital aerial photography of the DRCOG region to participating members; and
WHEREAS, the cost is substantially less than if the City were to undertake such an aerial
photography project itself; and
WHEREAS, the cost to Englewood will not exceed $3,000 and will be shared between
Community Development, Utilities, Wastewater and Public Works Departments of the City of
Englewood; and
WHEREAS, for the purposes of mapping and analysis, project planning and engineering, and
infrastructure management it is imperative that the imagery be updated every two years, in order to
effectively track real world changes on the ground; and
WHEREAS, the updated photography is critical in keeping the City's geographic information
system (GIS), permit tracking system (Trakit), water and wastewater utilities mapping up-to-date;
and
WHEREAS, the Englewood City Council authorized an Licensing Agreement Regarding
Denver Regional Council of Governments for Englewood 's participation in the Denver Regional
Aerial Photography Project (DRAPP) by the passage of Ordinance No. 17 , Series of 2008; and
WHEREAS, the passage of this Ordinance will permit the City of Englewood to participate in the
DRCOG sponsored Denver Regional Aerial Photography Project;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of Englewood, Colorado, hereby approves the Intergovernmental
Agreement entitled "Licensing Agreement By and Between the Denver Regional Council of
Governments and the City of Englewood for Denver Regional Aerial Photography Project"
authorizing the City's participation in the Denver Regional Aerial Photography Project (DRAPP), a
copy of which is attached hereto as Exhibit A. •
Section 2 . The Mayor is hereby authorized to sign and the City Clerk to attest said
Intergovernmental entitled "Licensing Agreement By and Between the Denver Regional Council of
Governments and the City of Englewood for Denver Regional Aerial Photography Project" for and
on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 3rd day of March, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of
March, 2014 .
Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of
March, 2014 for thirty (30) days .
Randy P. Penn, 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 3rd day of March, 2014 .
Loucrishia A. Ellis
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LICENSING AGREEMENT BY AND BETWEEN THE
DENVER REGIONAL COUNCIL OF GOVERNMENTS
1290 Broadway, Suite 700
Denver, Colorado 80203
(DR COG)
and
CITY OF ENGLEWOOD
1000 Englewood Parkway
Englewood, Colorado 80110
(PARTNER)
for
DENVER REGIONAL AERIAL PHOTOGRAPHY PROJECT
Project Number: 820014 Agreement Number: RV14006
RECITALS
WHEREAS, the parties desire to cooperate in the acquisition, preparation, use,
and distribution of digital orthoimagery (hereinafter referred to as the "Product")
developed through the Denver Regional Aerial Photography Project (hereinafter
referred to as "DRAPP" or "Project" interchangeably) .
WHEREAS, the Partner is a governmental or public service entity.
NOW THEREFORE, the parties hereto mutually agree as follows:
1. Purposes
The purposes of this Agreement are to define the rights and obligations of the
parties with respect to the Product and to protect and control the rights,
reproduction, and resale of the Product. For purposes of this Agreement, current
Product shall mean the version released as part of the most current Project, and
past Product shall mean those versions of the Product that have since been
replaced with a current Product version or those versions that are more than two
years old. Current and past Products may be referred to collectively as "Product."
2. Term
The term of this Agreement shall be from the date of execution of this Agreement
and shall be valid as long as the entity is using the Product.
3. Partner Participation
The Partner will be notified by DRCOG of planned Projects, which typically occur
every two (2) years. At that time, the Partner will be asked to submit a Letter of
Intent to participate in the current Project. The Partner will also be asked to commit
funds as appropriate in its Letter of Intent. If the Partner chooses not to participate
in the current Project, it should not submit a Letter of Intent. Following receipt of the
Partner's Letter of Intent and upon completion of updated financial projections,
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A
DRCOG will invoice the Partner for its portion of the current Project costs, in
accordance with Section 5. In the event that enough local Partner funds are not
collected in order to fund the Project, DRCOG may choose not to continue with the
current Project. The Partner can continue to use the past Product in accordance
with the terms of this Agreement.
4. Termination
If through any cause, either party should fail to fulfill in a timely and proper manner
its obligations under this contract or violate any of the covenants or stipulations in
this Agreement, the wronged party has the right to terminate this contract by giving
sixty (60) days written notice to the other party of such termination. If DRCOG is at
fault in this instance, the Partner will be refunded any payments received for the
current Product. If the Partner is at fault, the Partner will return all copies of the
current Product in its possession.
5. Payment and License
In consideration for the payment to DRCOG of the license fee set forth in the
Partner's Letter of Intent to participate in DRAPP, DRCOG grants the Partner a non-
exclusive, non-transferable license to the Product to be used strictly and only in
accordance with the provisions stated in this Agreement. If the Partner participates
in the latest Project, the Partner will receive the current Product (in an electronic
format determined by DRCOG) for the geographical area it has specified. If the
Partner is unable or chooses not to participate in the current Project, it shall not
receive the current Product but may continue to use the past Product in accordance
with the terms of this Agreement.
DRCOG shall provide an invoice to the Partner for the fee due (in part or in full) in
accordance with Partner's Letter of Intent. Partner shall remit the undisputed
invoiced amount within thirty (30) days after receipt of an invoice.
6. Use of Product
a. Past DRAPP Products
i) Permitted Use
(1) The Partner may use the Product that they have purchased to meet the
goals and objectives of their organization.
(2) Derivative images based on the Product may be displayed on the
Partner's website as long as they are not publicly available for download.
(3) The Web Mapping Service ("WMS") may be used in the Partner's web
maps as view-only to the public.
(4) Past Product may be distributed freely to the public, with the exception of
WMS as provided herein. ·
ii) Restricted Use
(1) The Partner shall never sell the Product without the written consent of
DR COG.
b. Current Product
i) Permitted Use
(1) The Partner may use the current version of the Product only to meet the
goals and objectives of its governmental activities.
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(2) Contractors engaged by the Partner providing contractual services directly
to the Partner may use the current version of the Product in order to fulfill
these contractual services, so long as there is written agreement between
the Partner and the Contractor that the Product will not be utilized by the
Contractor for any other purpose.
(3) Derivative images based on the Product may be displayed on the
Partner's internet site and derivative images may be further used, copied,
and displayed to meet the goals and objectives of its governmental
activities, which activities may include provision of governmental services
for or on behalf of participating public entities. However, partner may not
distribute physical copies of DRAPP imagery tiles.
(4) The Web Mapping Service ("WMS") may be used in the Partner's web
maps as view-only to the public.
ii) Restrictions on Use
(1) Outside of the Permitted Uses listed above, the Partner shall not permit
access to the current Product by third parties unless authorized in writing
by DRCOG.
(2) The Current Product is considered proprietary for a period of two years
following product release. After two years, the Product is categorized as a
Past Product Version.
7. Product Resale
a . The Partner shall not resell the Product (current or past versions).
b. The Partner authorizes DRCOG to sell the Product and any Product derivations
through DRCOG 's authorized reseller .
c. The Partner authorizes DR COG to collect proceeds from sales of the Product
and any Product derivations and to hold and use this money for any future
projects or purposes authorized to DRCOG.
d. Whenever applicable, the Partner agrees to direct purchase requests for the
Product to DRCOG or DRCOG's authorized reseller(s).
8. Limited Warranty and Remedy
a. Limited Warranty
i) DRCOG shall use its best efforts to ensure that the Product is delivered free
of physical defect.
ii) DR COG disclaims any other warranties, express or implied, respecting these
terms and conditions or the Product.
b. Remedy
i) Partner's sole and exclusive remedy for breach of this limited warranty will be
to return the Product within 60 days of receipt.
ii) DRCOG shall, at its discretion, replace the Product or repair the Product and
return it to the Partner.
9. Assignment and Transfer
Partner shall not disclose, lease, sell, distribute, make, transfer or assign the Product
or engage in any other transaction which has the effect of transferring the right of
use or part of the Product without the prior written consent of DR COG, except as
noted in Section 6 above .
3
10. Liability
Without waiving the privileges and immunities conferred by the Colorado
Governmental Immunity Act , Section 24-10-101 et seq., C.R.S., each party shall be
responsible for any claims , damages, demands or suits arising out of its own
negligence.
DRCOG shall not be liable for any activity involving the Product with respect to the
following:
a. The fitness of the Product for a particular purpose.
b. The use or interpretation of the Product, or the results obtained.
11. Colorado Law to Govern
This Agreement shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Colorado.
12. No Continuing Waiver
The waiver of any default by either party or the failure to give notice of any default
shall not constitute waiver of any subsequent default or be deemed to be a failure to
give notice with respect to any subsequent default. Waiver of the breach of any
provision of this Agreement shall not be construed to be a modification of the terms
of this Agreement unless stated to be such in writing and signed by authorized
representatives of both parties.
13. Governmental Immunity
Notwithstanding any other provision of this Agreement to the contrary, no term or
condition of this Agreement shall be construed or interpreted as a waiver, express or
implied , of any of the immunities, rights, benefits, protection, or other provisions of
the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S ., as
now or hereafter amended. The parties understand and agree that liability for claims
for injuries to persons or property arising out of the negligence of either party, their
departments , institutions , agencies, boards , officials, and employees are controlled
and limited by the provisions of Section 24-10-101 et seq., C.R.S ., as now or
hereafter amended.
14. Invalid/Unenforceable Provision(s)
If any term or provision of this Agreement or the application thereof to any person or
circumstance shall to any extent be invalid or unenforceable , the remainder of this
agreement shall not be affected thereby, and each term and provision of this
Agreement shall be valid and enforced as written to the fullest extent permitted by
law.
15. Integration and Amendment
This Agreement represents the entire agreement between the parties, and there are
no oral or collateral agreements or understandings . No subsequent notation ,
renewal, addition, deletion , or other amendment hereto shall have any force or effect
unless embodied in a writing executed and approved by both parties.
16. Authority.
The undersigned signatories of Partner represent that they have been duly
authorized to execute this Agreement and have full power and authority to bind
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Partner to the terms and conditions hereof, and certify that their signatures below,
whether handwritten, electronic, or digital or submitted by facsimile or electronic mail
are their own. Partner further understands and agrees that no further certification
authority or third party verification is necessary to validate any signature hereto and
that the lack of such certification or verification will not in any way affect the
enforceability of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
___ day of , 20 __ and acknowledge that
electronic or digital signatures hereto are the legally binding equivalent to handwritten .
signatures. · · · · ·
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
"DR COG"
Executive Director
ATTEST:
By: ~~~~~~~~~~
Administrative Officer
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CITY OF ENGLEWOOD
"PARTNER"
Randy P. Penn, Mayor
ATTEST:
By: ~~~~~~~~~~~-
Loucrisnia A. Ellis
City Clerk
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ORDINANCE NO.
SERIES OF 2013 /2014
BY AUTHORITY
COUNCIL BILL NO . 60
INTRODUCED BY COUNCIL
MEMBER JEFFERSON
AN ORDINANCE AMENDING TITLE 16, CHAPTERS 5, 4-C(l)(a) THROUGH (g); 5-4-C(2)
AND 11-2-B, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO HOME
OCCUPATIONS AND ALLOWING THEM IN THE R-1-A ZONE DISTRICTS.
WHEREAS, the City has the authority to regulate the use of land from the "Local
Government Land Use Control Enabling Act," C .R.S . 29-20-101 et. seq. and the Englewood
Home Rule Charter, Nopro vs. Town of Cheny Hills Village, 504 P.2d 344 (1972); and
WHEREAS, the City has the authority to regulate home occupations, Christiansen vs. City
Council of City of Golden, 757 P.2d 1121 (1988) and Jones vs . Board of Adjustments, 204 P.2d
560 (1949); and
WHEREAS, the City has adopted ordinances under its police power regulating the use of
signs and creating a comprehensive system of sign standards to provide a balance between the
right of businesses to identify themselves, the protection of the uses permitted and compatibility
with the surrounding area; and
WHEREAS, there are additional limitations on home occupations in the R-1-A zone district in
order to protect the special character and exclusivity of the R-1-A zone district; and
WHEREAS, restrictions on commercial speech are constitutional per Central Hudson Gas and
Electric vs. P.S.C., 447 U .S. 557 (1980); and Board of Trustees vs. Fox, 492 U.S . 469 (1989),
including prohibiting signs entirely; and
WHEREAS, the Planning and Zoning Commission found window signs for home occupations
should be prohibited in R-1-A zone districts to protect the special character and exclusivity of the
R-1-A zone district; and
WHEREAS, the Planning and Zoning Commission added to the list of prohibited uses; food
preparation, manufacture of alcohol, and landscaping industries because these would:
• be more likely to have impacts on the surrounding area
• likely have too much impact on residential neighborhoods, and change the character of
the area;
• have impacts that are more akin to commercial and industrial zones, that people don't
want to see in residential zones.
WHEREAS, the City Council finds the "Cottage Food Act" 25-4-1614 C.R.S. and the
Nuisance Code provide sufficient safeguards against odors, and other impacts; and
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WHEREAS, the Planning and Zoning Commission recommended removing the limitation of
only one (1) home occupation per dwelling unit because there may be several members of a
household each operating a business; and
WHEREAS, City Council has decided that registration of a home occupations is not necessary
for the enforcement of this Ordinance; and
WHEREAS, City Council found that the current 300 square foot limit on a home occupation
was too restrictive; and
WHEREAS, enforcement has been identified as problematic by the Police Department and
the Prosecutor due to a lack of distinction between a home office and a home occupation; and
WHEREAS, the Planning and Zoning Commission felt further defining a home office and a
home occupation was unnecessary; and
WHEREAS, the Planning and Zoning Commission recommended deleting the word
"incidental" in favor of the word "secondary" in the introductory paragraph because the structure
is still primarily a residence.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 5, Section 4, Subsection(C)(l)(a) entitled "Home Occupation" of the
Englewood Municipal Code 2000, to read as follows:
[EDITORS NOTE: 16-5-4(A) and (B) contain no change and are therefore not included here]
16-5-4-C: Accessory Uses Permitted. Table 16-5-1 .1 includes accessory uses and shows in which
zoning district a specific accessory use is permitted. If an accessory use is not listed in Table 16-
5-1 .1, but satisfies all the general standards set forth in subsection 16-5-4.B EMC, the City
Manager or designee may allow its establishment according to the procedures and criteria in
Section 16-5-1.B EMC, "Unlisted Uses." In addition, all unlisted accessory uses shall be subject
to compliance with the general, dimensional, and operational standards set forth in this Section
16-5-4 EMC.
1. Home Occupation. Occupations et1stomarily meideRtal which are secondarv to the
principal use as a residence may be allowed when conducted in the same dwelling,
provided the following standards are met:
a. Districts Allowed. Home occupations are allowed in the following districts: R-1-
A. R-1-B, R-1-C, R-2-A, and R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C, M-1,
M-2, M0-2, and TSA. Only oae (1) home oeeupatioa shall be permitted per
dwellmg unit. Home occupations may be permitted accessory to principal
residential uses located in nonresidential districts (e.g., in a manufactured home
park located in an industrial district. in a PUD that allows residential uses. or in
any residential dwelling unit otherwise approved by the City) provided the home
occupation,§ complyies with all requirements of residential district home
occupations herein.
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Additional Restrictions in the R-1-A District:
W Within the R-1-A District. the following additional restrictions shall
apply for Home Occupations.
fil Home Occupations in the R-1-A District shall be limited to
activities normally conducted in an office. By way of example
but not limitation. this would include the management.
marketing. or accounting for a business: telecommuting
(meaning working in the home using a computer terminal or
video connected by wire or wireless to a business): conducting
business services or operations via the internet: or writing.
ili1 No physical customer visits or deliveries relating to the Home
Occunations shall be allowed in the R-1-A District.
(iii) No exterior signage shall be allowed in the R-1-A District.
Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 5, Section 4, Subsections(C)(l )(b) through (g) entitled "Home Occupation" of
the Englewood Municipal Code 2000, to read as follows :
b. Where Allowed on Site. The home occupation shall be operated entirely within
the dwelling unit and only by the person or persons maintaining a dwelling unit
therein. The home occupation shall not have a separate outside entrance. The
home occupation shall not be conducted in a detached accessory structure.
~ RegistFatien. All heme eeeupatieas shall register with the City.
c . Sales.
(1) On the Premises. The sale on the premises of items that have been made,
grown, or prepared on the premises shall be permitted. The sale on the
premises of any item that has not been made, grown, or prepared on the
premises shall be prohibited.
(2) Off the Premises. Sales off the premises of such items as personal or
household goods such as those products offered by Avon, Amway, Fuller
Brush, Watkins, etc., shall be permitted.
d. Operational Requirements.
(1) No assistants or employees that are not residents of the principal dwelling
unit shall ee work eIRpleyed in fil the heme eeeupatiea residence/dwelling
unit.
(2) The hours and manner of such uses and the Reise-impacts created thereby
shall not interfere with the peace, quiet, or dignity of the neighborhood and
adjoining properties which creates a nuisance under Title 15 of this Code .
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(3) Incidental storage shall be allowed for items made on the premises and/or
sold off the premises consistent with this Section. All storage shall be
indoors. including all materials. equipment. inventory and supplies.
( 4) The home occupation, including storage of materials, equipment,
inventory, and/or supplies, shall not utilize more than three hl:lfl:clrecl (300)
square feet fifty percent (50%) of indoor space of the dwelling unit;
provided, however, that this does not apply to permitted home care
accessory uses.
(5) The Hse of eleetrie motors shall be lim:itecl i:a power, with a total lim:itatioa
of oae ancl oae half (1 ~~) horsepov;er, ancl BO single uni-t o·;er three feHrths
(%) horsepo\Yer. Only one exterior sign, up to a maximum of one (1)
square foot in area. shall be allowed. The sign shall be affixed to the
building. and shall be unlighted and unanimated. A Sign Permit shall be
required.
(fil No window displays shall be allowed and no sample commodities shall be
displayed outside the dwelling.
f. Prohibited Us es. In no event shall any home occupation include the following
business or commercial activities (except for the administrative or clerical
functions related to these businesses. such as bookeeping. marketing. and
customer phone calls):
(1) Animal hospital or kennel, animal daycare, breeders, except licensed
canine and feline breeders.
(2) Asphalt paving business .
(3) Barbers, hairdressers, cosmetologists, beauticians or any activity involving
the skin, hair or nails.
(4) Body, mechanical repair, or modification of motor vehicles .
(5) The sale, storage, manufacture, or assembly of guns, knives or other
weapons or ammunition.
(6) Dump trucks.
(7) Restaurants.
(8) Towing business.
(9) Processes involving the dispensing, use, or recycling of hazardous or
flammable substances and materials.
(10) Automotive vehicles sales requiring a state dealer's license.
(11) Medical Marijuana Centers .
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(12) Medical Marijuana-Infused Products manufacturers .
(13) Medical Marijuana Optional Premises Cultivation Operation.
!.li1 Manufacture of wine. distilled spirits. or malt beverages.
£U1 Landscaping supplies. installation. maintenance or repair.
Section 3. The City Council of the City of Englewood, Colorado hereby makes no
amendments to Title 16, Chapter 5, Section 4, Subsection(C)(2) entitled "Parking Area" through
Subsection D(2) of the Englewood Municipal Code 2000, to read as follows:
2. Parking Area.
a. Parking Area, (R-2-B District Only). When an R-2-B district abuts or is adjacent
to a MU-B-2 district, the parking area must be screened from the residential
portion of the lot by a six foot ( 6') opaque fence. Side yard fences must also be
provided to screen adjacent property. These fences shall also be six feet (6') in
height except that, within ten feet (10') of the rear property line, the fences
cannot exceed thirty inches (30") in height or be less than fifty percent (50%)
open.
(1) The parking area shall not have a grass surface.
(2) Parking stops or other devices allowing snowfall maintenance must be
placed in the parking area to prevent damage to the fence by vehicles.
(3) Provisions must be made for the collection of trash as per City ordinance.
(4) The minimum width of the parking area shall be fifty feet (50').
b. Parking Area, Surface (TSA District Only). Surface parking areas,
noncommercial and accessory to a principal use, are allowed subject to the
following additional conditions:
(1) General. Such surface parking area shall be maintained as long as the
principal permitted use is maintained, or until alternative parking is provided
for such principal use.
(2) Location.
(a) An accessory surface parking area may be located within six hundred
feet ( 600') of the lot containing the principal use, either within the TSA
district or within a zone district that permits noncommercial parking lots,
subject to a City-approved alternative parking plan and pursuant to the
Station Area Standards and Guidelines, as applicable.
c . Remote Parking Areas. Pursuant to Section 16-6-4 EMC, required parking may
be provided as an accessory use within four hundred feet ( 400') of the principal
use, either within the same district or within a district that permits
5
noncommercial parking lots. Such parking lots must be maintained as long as the
principal permitted use is maintained, or alternate parking provided. Approval of •
an alternative parking plan is required (administrative process), pursuant to
Section 16-6-4 .D EMC . Such lots shall be paved, shall require a building permit,
and shall be subject to the landscaping requirements of Section 16-6-7 .M EMC.
3. Satellite Dish Antenna.
a . Small Satellite Dish Antennas. Satellite dish antennas of one (1) meter or less in
diameter are permitted accessory uses in all residential and nonresidential zoning
districts . Such dishes shall not be located within the public right-of-way.
b. Large Satellite Dish Antennas.
(1) Satellite dish antennas measuring one (1) meter or more are permitted
accessory uses in all zoning districts. Any roof-mounted dishes shall submit
an engineer's certificate to the City. Such dishes shall not be located within
the public right-of-way .
(2) As applied only to large satellite dish antennas accessory to a principal
residential use, to the maximum extent feasible, but only where there is no
substantial impairment to acceptable signal quality, such antennas shall:
(a) Be located in the rear yard of the residential use; and
(b) Be screened from view from adjacent public rights-of-way; and
( c) Be of a color harmonious with their surroundings. There shall be no
advertising in words or pictures, other than the manufacturer's name in
small letters.
4. Service Unit or Facility. Service units or facilities shall be allowed as accessory uses
in the MU-R-3-B district. Such uses include, but are not limited to, barber or beauty
shops, gift shops, coffee shops, and dining facilities for the convenience of the
tenants. Such uses shall comply with underlying zone district requirements,
including the dimensional requirements set forth in Section 16-6-1 EMC.
5 . Swimming Pool. Swimming pools are allowed as accessory uses in all districts . See
Title 8 EMC.
6. Wholesale Sales and Distribution. Wholesale sales and distribution shall be allowed
as an accessory use in MU-B-1 and MU-B-2 districts provided the principal use
maintains an active retail license and is open to the public for retail trade.
D. Prohibited Accessory Uses.
1. Prohibited in All Zoning Districts. The following activities shall not be regarded as
accessory to a principal use on any site and are prohibited in all zoning districts:
a. Use of Travel Trailer or Recreational Vehicle (RV) as a Residence. The use of a
travel trailer as a residence, permanent or temporary, with the exception of a trailer
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approved as a temporary use for security under Section 16-5-5 EMC, shall be
prohibited in all zoning districts.
b. Use of Motor Vehicle or Trailer for Sales, Service, Storage, or Other Business. The
use of any motor vehicle, trailer, mini-mobile storage container, or shipping
container as a structure in which, out of which, or from which any goods are sold or
stored, any services performed, or other businesses conducted, shall be prohibited in
all zoning districts. However, this subsection shall not prohibit the following:
( 1) The sale of goods or merchandise at a City-approved or sponsored event; or
(2) Use of a motor vehicle, trailer, or shipping or storage container in connection
with an approved recycling operation; or
(3) Use of a trailer or shipping or storage container in conjunction with
construction authorized by a valid building permit; or
( 4) Use of a trailer, shipping, or storage container for the temporary loading and
unloading of goods, provided that no individual trailer or container is in place
longer than forty-eight ( 48) hours.
2. Prohibited in Residential Zoning Districts. The following activities shall not be regarded
as accessory to a residential principal use and are prohibited in all residential (R)
districts :
a. Automotive Repair. Automotive repair, including engine, body, or other repair or
repainting of more than one ( 1) vehicle at any one time owned by a person not
residing at that address, regardless of whether compensation was paid for the service.
b. Outdoor Storage of Inoperative Vehicles. The outdoor storage of inoperable vehicles
shall comply with Title 15 EMC.
c. Parking of Commercial Vehicles.
(1) No commercial vehicle shall be stored on public property or in the public right-
of-way.
[EDITORS NOTE: Parking on private property issues were passed by initiative Ballot Question
2D on November 1, 2011 and can only be revised, repealed, or amended by electoral vote.
(Englewood Home Rule Charter Article VI, Section 48.]
Section 4. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 11, Section 2, Subsection B, entitled "Definition of Words, Terms, and
Phrases" of the Englewood Municipal Code 2000, to read as follows :
Home Occupation: Any use conducted entirely within a dwelling and carried on by the
occupants thereof, which is clearly incidental and secondary to the primary use of the dwelling
for dwelling purposes and does not change the character thereof. Such uses must meet all
conditions and requirements for the particular zone in which such use is located .
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[EDITORS NOTE: The remaining definitions contain no changes and are therefore not
included here]
Section 3. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 4. Severabilitv. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 6 . Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal , which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions , suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 7 . Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance .
Introduced on first reading on the 18th day of November, 2013 and tabled.
Introduced, read in full, amended and passed as amended on first reading on the 21st day of
January, 2014.
Published by Title as amended a Bill for an Ordinance in the City's official newspaper on the 24th
day of January, 2014 .
Published as amended a Bill for an Ordinance on the City 's official website beginning on the 22nd
day of January, 2014 for thirty (30) days .
A Public Hearing was held on the 3rd day of February, 2014, was continued until February
18th, 2014.
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• COUNCIL COMMUNICATION
Date Agenda Item Subject
March 3, 2014 11 c i Purchase of Loader/Backhoe
INITIATED BY STAFF SOURCE
Utilities Department Stewart H . Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The existing Rubber-Tired Wheel Loader/Backhoe was approved by Council on June 16, 1997 in the
amount of $89,089 .00 .
RECOMMENDED ACTION
The Englewood Water Board, at their January 14, 2014 meeting, recommended Council approve, by
motion, the purchase of one, new John Deere 710 K rubber-tired wheel loader/backhoe from Honnen
Equipment in the amount of $131 ,555.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
•
The proposed loader/backhoe is the primary piece of equipment used for excavating dirt and fill for water,
sewer and stormwater projects. The proposed backhoe is a 2014 John Deere 71 OK backhoe loader with
an 11.1 cubic foot capacity bucket. The purchase is being recommended to replace the existing 13-year
old Unit #1359 according to CERF replacement schedule . The proposed backhoe will have additional
options of an extendible dipperstick with auxiliary hydraulic lines and the mechanical front wheel drive.
The extendible dipperstick will allow versatility with variable depth digging and more truck loading and
excavating options. The front wheel drive will allow better all-terrain operations, especially in rain, mud
and snow.
Bids were received from two vendors:
Honnen Equipment
Wagner Equipment Co.
FINANCIAL IMPACT
$131 ,555.00
$135,457.00
Honnen Equipment Co. is the lowest recommended bidder at $114,655 .00 for the basic loader/backhoe.
Options for an extendible dipperstick with auxiliary hydraulic lines ($10,200) and the mechanical front
wheel drive ($6,700) were added making the total cost $131,555. This purchase was approved in the 2014
budget and will be funded by the CERF Fund .
LIST OF ATTACHMENTS
Bid Proposal Tabulation Sheet
• Email Regarding the Loader/Backhoe Bid
City of Englewood Bid Tabulation Sheet
Bid Opening Date: December 12, 2013 2:00 P.M. MST lApparent Low Bidderl
ITEM BID: IFB-13-022 Rubber Tired Wheel Loader-Backhoe
1 rtuuuer 1 11 vu
Wheel Service &
Loader-Operations Parts
Vendor Backhoe Manual X3 Manual Total Bid Exceptions:
Honnen Equipment
5055 E 72nd Ave
Commerce City, CO 80022
Steve Stotz
303-287-7506 $113,600.00 $195.00 $860.00 $114,655.00 None Listed
Wagner Equipment Company
18000 Smith Rd SAE HP is 127. Break out force
Aurora, CO 80011 on front loader bucket,
Andy Kratt 1.75 CYD is 11,375 lbs.
303-739-3000 $134,858.00 $126.00 $473.00 $135,457.00 Swing Arc Is 175 Degrees
IFB-13·022 Loader Bid Tab.xis • • •
Cathy Burrage
&om:
'Wlfent:
To:
Cc:
Subject:
Pat White
Friday, December 13, 2013 3:27 PM
Cathy Burrage
Mitch Riley
RE: Backhoe bid
Attachments: Back hoe proposal John Oeere.pdf; IFB-13-022 Loader Bid Tab.pdf
Cathy,
Attached is the proposal from John Deere and the bid tab listing John Deere as the lowest bid. We also want to take the
Extendible Dipperstick with Auxiliary Hydraulic Lines for $10,200.00 and the Mechanical Front Wheel Drive for
$6, 700.00. With options the total cost will be $131,555.00. If you need any further information, please let me know.
Thanks,
Pat
----------------------------
From: Cathy Burrage
Sent: Friday, December 13, 2013 9:12 AM
To: Pat White
Subject: FW: Backhoe bid
Pat -
.ould help with the Council Communication if I could have the first couple pages of the specs for the backhoe.
Will then get the process going . Thanks!
Cathy
-~,---·------------
From: Mitch Riley
Sent: Thursday, December 12, 2013 1:18 PM
To: Pat White
Cc: Cathy Burrage
Subject: Backhoe bid
------··------
I spoke to Cathy and she told me the backhoe will have to go to the Water and Sewer board on 1-14-14 before it goes to
counsel on 2-3-14.
If you send her the details of the bid when it's awarded she will put it in the Counsel communication she has already
prepared.
Please give me a call when you want to talk about the bid award and I'll be there .
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ITEM
NO.
1.
2.
3.
co Pl(
BID PROPOSAL
#IFS..13-022
Rubber Tired Wheel Loader..sackhoe
DESCRIPTION
JoHN DEERE. 71 o /\
Rubber Tired Wheel Loader..sackhoe
operato,.as Manual
Service & Parts Manual
Qty.
1
3
1
Total Bid
Estimateddateofdefivery t/S-jo .()ftt/S 1 A:RO
BIO
PRICE
$ 113,fiff;# 00
$ Q_aop
$ g6<2rOO
$/llfib6&00
Brochures and Literature: Your proposal must be accompanied by descriptive
literature Indicating the exact Items to be furnished. The term "as specified• will
not be acceptable.
Each Proposing Firm shaU determine prior to submitting a Bid, that they have received
all addenda issued, and will acknowledge the receipl Receipt of copies of the following
amendment(s) is (are) hereby acknowledged:
Amendment No(§). Date Acknowledged Bidde(S Signature
ALL MATERIAL F.O.B. CITY OF ENGLEWOOD
2800 South Platte River Drive
Englewood, CO 80110
Price quote finn for ninety {90) days.
Exceptions: ____________________ _
BY: Sn;~ JJ-JJ-B Name (Please / Date
Signature
7 Rt Ii{) R. I/ ll>&Jlhfj;,R
Company sass £8.'ST zawo ftllE. C(lll1JYJ£/i'c£ c 1it; 1!0.f't;0;; a
Address '3o3-'MZ-ZG726 3o3-J.8"7-t?086
Phone Fax
1000 Englewood Parfcway, Englewood. Cokndo 80110-2373 Ph (303)762-2412 Fax (303)783-6951
www.englewoodgov.org
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HONNEN
_,..EQUIPMENT
Cl • GROtlE. ~mm G\JillV (fjia
December 12, 2013
Alida Stutz
Qty Of Englewood
1000 Englewood Parkway
Englewood, CO 80110-2373
Dear Alicia:
JoHNOE&RE
We are pleased to quote the following for your consideration:
John Deere 710K Backhoe Loader, new 2014 model, JDUnk GPS System With 3-Years Of Prepaid Service;
John Deere PowerTech Plus (PowerTech PVX) 6.8L (414 Cu. In.) Meets EPA IT4 Emissions; 2-Wheel Drive
with 4F/3R PowershiftTransmisslon; Goodyear 21L-28 R-414 PR Rear, 14.5/75-16.1F-310 PR Front
Tires; Ultimate cab with Dual Doors and Afr Conditioning; Standard Ofpperstfck and Auxiliary Hydraulics;
Mechanical Controls, Two Lever, ISO (DEERE); 24" Wide, Heavy-Duty, 11.1 Cu. Ft Capacity Bucket; Two-
Function Loader Hydraulics, Single Lever, 1400 lbs. Counterweight; 1.62 Cu. Yd. Bucket 96" with Auxiliary
Cutting Edge and Skid Shoes; Cold Start Package; EJectrical Master Disconnect; Front V'iew Mirror, Left
Side Console Storage with Cup Holders. other lnduded options: Amber strobe light; AT186288 SMV
emblem.
Cash Sale Price: $113,600.00
OPTlONAL EQUIPMENT
Extendible Dipperstick With Auxiliary Hydraulic Unes
Mechanfcal Front Wheel Drive
Hydraulic Quick Couplers For Auxiliary Hydraulic Unes
2-Lever PDot Backhoe Controls
Temis: Net 30-Days
Delivery: 45-90 Days, ARO
F.O.B. Englewood, Colorado
'This proposal is good for 90 days'
File: aty Of Englewood John Deere 710K, 112513.doc
5055 E 1g= Amue 23581-70 FIINltaqe Rqad
$10,200.00
$6,700.00
Included In Base Price
$1,025.00
16 Ginltd Slt!tf
Commerce City, CO 80022
303-287-7506
Grand Junction, co 81505
970-243-7090
Durango, co 81301
970.2474'§0
150 Salt Crnk Hfqhwsv
Miiis, WY 82644
307-266-4474
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SERVICENTER GARAGE
SUMMARY SPECIFICATION SHEET
FOR
NEW VEHICLES
ENGLEWOOD BID# __ ..,,..I"""FB .... -..... I3.._-'"""02 .... 2 ____________ _
MANUFACTURER OF VEHICLE John Deere ___,----...-.....-.----..--. ________________ ~--
MODELOFVEHICLE ~~7~10~K--~~~----~~----~~~~~---
AIR CONDITIONING YES NO
AUTO MA TIC TRANSMISSION YES NO
POWER WINDOWS YES NO
POWER DOOR LOCKS YES NO
4 WHEEL DRIVE YES NO
FLEX FUEL OPTION YES NO
CERF REPLACEMENT YES NO
NEW ADDITION TO FLEET YES NO
DEPARTMENT VEHICLE ASSIGNED TO 411605-Utilities
COMMENTS: This unit will replace Unit 1359. a 2001 Caterpillar 4468 Backhoe
that has met the replacement criteria as far as years of service. hours of use. and
maintenance dollars expended. The replacement unit is a John Deere 71 OK backhoe with
a base cost of $114.655.00 with the following options taken-Extendable Dipperstick with
auxiliary hydraulic lines for $10.200.00 and mechanical front wheel drive for $6.700.00
for a total cost of $131,555.00. This purchase was approved in the 2014 budget and
funds are available through the Capital Equipment Replacement Fund <CERF}.
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5 :02 p.m.
Present:
Absent:
Also present:
WATER & SEWER
MINUTES
TUESDAY, JANUARY 14, 2014
Oakley, Wiggins, Habenicht, Waggoner, Woodward, Bums, Penn,
Olson
Lay, Gillet, Moore
Stewart Fonda, Director of Utilities
John Bock, Manager of Administration
Yasser Abouaish, Utilities Engineer
The meeting was called to order at 5 :02 p .m.
1. MINUTES OF THE NOVEMBER 12, 2013 MEETING.
The Board reviewed the Minutes of the November 12, 2013 Water Board meeting.
Motion:
Moved:
To approve the Minutes of the November 12, 2013 Water Board meeting
as written.
Bums Seconded: Waggoner
Motion approved unanimously.
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2. GUEST: JENNIFER DANIELSON -460 E. YALE A VE.
Ms. Danielson appeared before the Board to request that the Board waive Ordinance 12-2-4-B
that requires her to replace her sewer line to Yale for new construction. Her existing sewer line
is also connected to 2701 and 2725 S. Pennsylvania St. and all lines converge in her front yard .
Mr. Fonda noted that the existing sewer service line was TV' d and determined to be sound. She
is concerned that it would be prohibitive to close and reroute Yale, and would be a considerable •
inconvenience to her adjacent neighbors .
Ms. Danielson recognizes and agrees that this would be a variance in which the City of
Englewood would not be responsible for this service line. Staff and Englewood's City Attorney
will confer with Ms . Danielson on the language for the agreement. Notice of the variance will be
recorded again st the deed for 460 E. Yale Ave. notifying future purchasers of the waiver. Staff
recommended granting the waiver.
Mr. Penn requested that the Board receive a copy of the agreement and waiver that will be
recorded against the property .
Motion:
Moved:
To approve Ms. Danielson 's request to waive Ordinance 12-2-4 B
requiring her to replace her sewer line subject to an agreement on the final
langu age and the waiver being recorded against the titled.
Burns Seconded: Oakley
Motion approved unanimously .
3. PURCHASE OF LOADER/BACKHOE.
The proposed loader/backhoe is used for excavating dirt and fill for water, sewer and stormwater
projects. The purchase is recommended to replace the existing 13-year old Unit #1359 according
the CERF replacement schedule. Honnen Equipment Company is the lowest recommended
bidder at $114 ,655 for the basic loader/backhoe. Options for an extendible dipperstick with
auxiliary hydraulic lines and the mechanical front wheel drive were added making the total cost
$131,555. This purchase was approved in the 2014 budget and will be funded by the CERF
Fund.
Motion:
Moved:
To approve the bid from Honnen Equipment Company for a loader/backhoe in the
amount of $131 ,555.
Waggoner Seconded: Habenicht
Motion approved unanimously.
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4. GUEST: GARY STEVENS & CHRISTIAN AGGELER -GLOBEL STORAGE,
2690 W. UNION A VE.
Mr. Gary Stevens of Globel Storage and his attorney, Christian Aggeler, appeared before the
Board to discuss a problem with a water service line going to a neighboring house from his
property at 2690 W. Union Ave. Another water service line was tapped on Mr. Steven 's service
line going to 2710 W . Union Ave. without the City 's knowledge or payment of tap fees. Mr.
Stevens has turned off the line going to 2710 W. Union Ave ., which then switched to an existing
well on their property. Mr. Stevens noted that he may want to disconnect the existing lines for
redevelopment.
Dan Brotzman, Englewood's City Attorney , noted that the issue in disconnecting the service line
at the main would be making two houses uninhabitable . The City is not going to turn off the
service line as long as the bill is paid. The owner of 2690 W. Union can turn off the water to the
other house and the legal issue would be a civil matter.
Mr. Brotzman also noted that the owner of 2710 W. Union Ave. does not have permission to
reconnect the illegal tap. Putting in a water service line to that address would require proof of an
easement and Mr. Brotzman noted that the existing easement is not legally clear.
The Board unanimously agreed to take no action in this civil matter.
5. WATER CONSERVATION PLAN REVIEW.
Mr. Abouaish , Utilities Engineer, appeared before the Board to discuss the Colorado Water
Conservation Board (CWCB) conditional approval of Englewood 's Water Conservation Plan.
The Board received a copy of a letter dated December 19, 2013 responding to comments
received from the CWCB. A memo from Yasser Abouaish, Utilities Engineer, dated December
23, 2013 was also attached outlining conservation plan steps that have been implemented.
The CWCB staff has completed their review of the City of Englewood's Water Conservation
Plan and has given the plan a conditional approval. A letter was drafted to address the conditions
outlined in the review and to provide details and clarification, which are required for final
approval. The conditional approval consists of voluntary conversion to meters and upon
property title transfer for three years . If unsuccessful after three years , then 100 meter
conversions a year will be required. The mayor would be able to sign the letter clarifying
conditional approval letter to the Water Conservation Board. In the event that sufficient meters
are not installed by the third year, the City would purchase and install enough meters to make the •
required conversions.
The approved letter to the CWCB will go to a future City Council study session and then be
forwarded to the mayor for his signature.
Motion: Recommendation to Council to have the Mayor sign the letter to the Water
Conservation Board responding to comments received regarding
Englewood's September 2013 Water Conservation Plan.
Moved: Burns Seconded: Kells
Motion passed unanimously.
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6. INTEREST ON LA TE FEES.
The Board received a memo from John Bock regarding a citizen's complaint regarding interest
on late fees. The memo notes that while Municipal Code #12-lD-4 and 12-2-30 allows us to
collect interest, the Utilities Department has elected not to, but does collect delinquency charges
on an unpaid balance. John reviewed the existing code for late fee requirements.
The Board reviewed a copy of a letter that the Utilities Department received from Mr. Jack
Derby regarding the same issue.
The Board discussed and concurred to continue to charge late fees on delinquent accounts.
Motion: To continue late fees as established.
Moved: Kells Seconded: Wiggins
Motion approved unanimously.
EXECUTIVE SESSION
Motion: To move to adjourn to Executive Session.
Moved: Oakley Seconded: Habenicht
Motion passed unanimously.
Executive session began at 5:58 p.m.
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Roll Call:
Present: Wiggins, Burns, Habenicht, Oakley, Waggoner, Penn, Olson
Also present: Stewart Fonda, Dan Brotzman, Cathy Burrage, Kerry Bush
Stewart Fonda and Dan Brotzman presented information regarding water rights negotiations.
Motion: To move to adjourn the Executive Session and reconvene the Water and
Sewer Board meeting in progress .
Moved: Penn Seconded: Habenicht
Motion approved unanimously.
7. INFORMATIONAL ITEM: DENVER POST ARTICLE DATED DEC. 4, 2013
"WATER LINES: DENVER-WEST SLOPE WATER AGREEMENT FINALLY
FINAL."
The Board received a copy of the above Denver Post article discussing the Colorado Cooperative
Agreement between Denver Water and 42 West Slope water providers and local governments.
The meeting adjourned at 6:40 p.m.
The next meeting will be Tuesday, February 11, 2013 at 5:00 in the Community Development
Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
Present:
Absent:
Also present:
WATER & SEWER
MINUTES
TUESDAY, FEBRUARY 11, 2014
Oakley, Wiggins, Habenicht, Waggoner, Burns, Penn, Olson, Lay, Gillet,
Moore
None
Stewart Fonda, Director of Utilities
John Bock, Manager of Administration
Tom Brennan, Utilities Engineer
Mitch Riley, Distribution Collection Supt.
The meeting was called to order at 5:00 p.m.
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1. MINUTES OF THE JANUARY 14, 2014 MEETING.
The Board reviewed the Minutes of the January 14, 2014 meeting. A correction was noted.
Motion:
Moved:
To approve the Minutes of the November 12, 2014 Water Board meeting
as corrected.
Habenicht Seconded: Waggoner
Motion approved unanimously.
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2. GUEST: MAUREEN FOLEY -590 PENNWOOD CIR.
The owner of 590 Pennwood Cir., Maureen Foley, Appeared to discuss damages that resulted
from a City water main break on December 8, 2013 and request compensation. Belfor Property
Restoration responded for cleanup and is authorized by the City to perform flood cuts to enable
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• COUNCIL COMMUNICATION
Date Agenda Item Subject
March 3, 2014 11 c ii Allen Plant Alum Residuals
Removal and Disposal
INITIATED BY STAFF SOURCE
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved on July 19, 2004 the bid for the Allen Water Filtration Plant Residuals Removal and
Disposal Service to Waste Management in the amount of $163,260.00 for disposal of one year of
production.
Council approved on June 19, 2006 the bid for Allen Water Filtration Plant Residuals Removal and Disposal
Service to Waste Management, Inc. in the amount of $49,768.00 for disposal of approximately 800 cubic
yards of production.
Council approved on February 19, 2008, the proposal for the Allen Water Filtration Plant residuals removal
.and disposal to Allied Waste in the amount of $108,775 for disposal of approximately 2,000 cubic yards of
production.
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Council approved on April 5, 2010, the proposal for the Allen Water filtration Plan residuals removal and
disposal to E.T. Technologies, Inc. in the amount of $83,520.00 for disposal of approximately 1,600 cubic
yards of production.
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their February 11, 2014 meeting, recommended Council
approval, by motion, of the proposal for the Allen Water Filtration Plant residuals removal and disposal to
Secure On-Site Services USA (formerly Next Generation Solutions, LLC), the lowest acceptable bidder, in
the amount of $174,635.06. for disposal of 750 cubic yards of production.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Alum residuals are produced by the settling process and filter backwashing. Residuals build up in the
washwater reservoir and the settled solids are pumped out by the sludge-handling barge. It then goes into
the belt press, which dewaters the residuals. This process allows us to stockpile up to 2,000 cubic yards of
residuals annually .
Residuals are produced year-round, and it is imperative that the residuals be processed when the weather is
amenable and stored until disposal. Storage space has since run out, and the Allen Filter Plant needs to •
dispose of these residuals in the quickest, most economical and legally compliant method.
The dewatering process concentrates a naturally occurring radioactive material (NORM), also known as
technologically enhanced radioactive material (TERM) that falls under State Health Department
requirements with EPA guidelines. For a comparison of relative radiation exposure -standing next to the
residuals pile for 6 months produces 1 -2 mrem /year, watching TV produces 1 mrem /year and living in a
brick or stone house produces 7 mrem/year (information provided by Joseph Cattafe of CDM). Residuals
disposal has been an on-going challenge and debate with EPA for the past several years for Colorado Front
Range utilities.
The disposal site must be approved by the State Health Department as an allowed site for properly
disposing of residuals resulting from normal sludge removal operations at the Allen Water Filter Plant.
FINANCIAL IMPACT
Secure On-Site Services USA (formerly Next Generation Solution, LLC) is the recommended acceptable
bidder at $174,635.06 for one year's production (750 yards). The Utilities Department budgeted
$220,000.00 in account #40-1603-55201 in the 2014 Budget for this project. Utilities staff reviewed the
bids and did a technical evaluation deeming Secure On-Site Services USA the lowest, acceptable bid.
LIST OF AITACHMENTS
Contract
Bid Tabulation Sheet
Approved minutes from February 11, 2014 Water and Sewer Board meeting •
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CONTRACT
CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT and agreement, made and entered into this 10th day of January, 2014, by
and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter
referred to as the "City", and Secure On-Site Services USA LLC whose address is 555 17th
Street, Suite 900, Denver, CO 80202, ("Contractor"), commencing on the 10th day of January,
2014, and continuing for at least ten {10) days thereafter the City advertised that sealed
proposals would be received for furnishing all labor, tools, supplies, equipment, materials and
everything necessary and required for the following:
PROJECT: Allen Water Filtration Plant Residuals Removal & Disposal Service
WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and
City Council and have been certified by the Director of Utilities to the Mayor and City Council
with a recommendation that a contract for work be awarded to the above named Contractor who
was the lowest reliable and responsible bidder therefore, and
WHEREAS, pursuant to said recommendation, the Contract has been awarded to the above
named Contractor by the Mayor and City Council and said Contractor is now willing and able to
perform all of said work in accordance with said advertisement and his proposal.
NOW THEREFORE, in consideration of the compensation to be paid and the work to be
performed under this contract, the parties mutually agree as follows:
A. Contract Documents: It is agreed by the parties hereto that the following list of
instruments, drawings and documents which are attached or incorporated by
reference constitute and shall be referred to either as the Contract Documents or the
Contract and all of said instruments, drawings, and documents taken together as a
whole constitute the Contract between the parties hereto and they are as fully a part
of this agreement as if they were set out verbatim and in full:
Invitation to Bid
Contract (this instrument}
Insurance
B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies,
equipment, materials and everything necessary for and required to do, perform and
complete all the work described, drawn, set forth, shown and included in said
Contract Documents.
C. Terms of Performance: The Contractor agrees to undertake the performance of the
work under this Contract within ten (10) davs from being notified to commence work
by the Director of Utilities and agrees to fully complete said work by August 1. 2014,
plus such extension or extensions of time as niay be granted by the Director of
Utilities in accordance with the provisions of the Contract Documents and
Specifications .
0. Indemnification: The city cannot and by this AgreemenUContract does not agree to
indemnify, hold harmless, exonerate or assume the defense of the Contractor or any
other person or entity, for any purpose. The Contractor shall defend, indemnify and
save harmless the City, its officers, agents and employees from any and all claims,
demands, suits, actions or proceedings of any kind or nature including Worker's
Compensation claims, in any way resulting from or arising out of this
Agreement/Contract: provided, however, that the Contractor need not indemnify or save
harmless the City, its officers , agents and employees from damages resulting from the
sole negligence of the City's officers, agents and Employees.
E. Termination of Award for Convenience: The City may terminate the award at any
time by giving written notice to the Contractor of such termination and specifying the
effective date of such termination, at least thirty (30) days before the effective date of
such termination. In that event all finished or unfinished service, reports, material (s)
prepared or furnished by the Contractor after the award shall, at the option of the City,
become its property. If the award is terminated by the City as provided herein, the
Contractor will be paid that amount which bears the same ratio to the total compensation
as the services actually performed or material furnished bear to the total
services/materials the successful firm agreed to perform under this award, less
payments of compensation previously made. If the award is terminated due to the fault
of the Contractor the clause relating to termination of the award for cause shall apply.
F . Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill
in a timely and proper manner its obligations or if the Contractor shall violate any of the
covenants, agreements or stipulations of the award, the City shall have the right to
terminate the award by giving . written notice to the Contractor of such termination and
specifying the effective date of termination. In that event, all furnished or unfinished
services, at the option of the City, become its property, and the Contractor shall be
entitled to receive just, equitable compensation for any satisfactory work documents,
prepared completed or materials as furnished .
Notwithstanding the above, the Contractor shall not be relieved of the
liability to the City for damages sustained by the City by virtue of breach of
the award by the Contractor and the City may withhold any payments to the
Contractor for the purpose of set off until such time as the exact amount of
damages due the City from the Contractor is determined.
G . Terms of Payment: The City agrees to pay the Contractor for the performance of all
the work required under this contract, and the Contractor agrees to accept as his full
and only compensation therefore, such sum or sums of money as may be proper in
accordance with the price or prices set forth in the Contractor's proposal attached and
made a part hereof, the total estimated cost thereof being one hundred seventy-
four thousand six hundred thirty-five dollars and 6/100 ($174.635.06). A 10%
retainage of the awarded project amount will be withheld until final inspection and
acceptance by the Project Manager.
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H. Appropriation of Funds: At present, $174,635.06 has been appropriated for the
project. Notwithstanding anything contained in this Agreement to the contrary, the
parties understand and acknowledge that each party is subject to Article X, § 20 of
the Colorado Constitution (uTABOR"). The parties do not intend to violate the terms
and requirements of TABOR by the execution of this Agreement. It is understood and
agreed that this Agreement does not create a multi-fiscal year direct or indirect debt
or obligation within the meaning of TABOR and, notwithstanding anything in this
Agreement/Contract to the contrary, all payment obligations of the City are expressly
dependent and conditioned upon the continuing availability of funds beyond the term
of the City's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the City payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations, and resolutions of the City and
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
deemed terminated. The City shall immediately notify the Contractor or its assignee
of such occurrence in the event of such termination.
I. Assignment: Contractor shall not, at any time, assign any interest in this Agreement or
the other Contract Documents to any person or entity without the prior written consent
of the City specifically including, but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the
extent that the effect of this restriction may be limited by law). Any attempted
assignment which is not in compliance with the terms hereof shall be null and void.
Unless specifically stated to the contrary in any written consent to an Assignment, no
Assignment will release or discharge the Assignor from any duty or responsibility
under the Contract Documents.
J. Contract Binding : It is agreed that this Contract shall be binding on and inure to the
benefit of the parties hereto, their heirs, executors, administrators, assigns, and
successors .
VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING HIRING
OF ILLEGAL ALIENS
(a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ
or contract with an illegal alien to perform work under this Contract. Contractor shall not contract
with a subcontractor that fails to certify to the Contractor that the subcontractor will not
knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-
17.5-102(2)(a)(I) & (II).]
(b) Verification: Contractor 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. Contractor is prohibited from using the E-Verify
program or the Department program procedures to undertake pre-employment screening of job
applicants while this contract is being performed.
(c) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a
subcontractor performing work under this Contract knowingly employs or contracts with an
illegal alien, the Contractor shall:
(1) notify the subcontractor and the City within three days that the Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
(2) terminate the sub-contract with the subcontractor if, within three days of
receiving notice required pursuant to this paragraph the subcontractor does not stop
employing or contracting with the illegal alien; except that the Contractor shall not
terminate the contract with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed or
contracted with the illegal alien.
(d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable
request of the Colorado Department of Labor and Employment made in the course of an
investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5).
(e) Damages for Breach of Contract: The City may terminate this contract for a breach of
contract, in whole or in part, due to Contractor's breach of any section of this paragraph or
provisions required pursuant to C.R.S. 8-17.5-102. Contractor shall be liable for actual and
consequential damages to the City in addition to any other legal or equitable remedy the City
may be entitled to for a breach of this Contract under this Paragraph.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first
written above.
CITY OF ENGLEWOOD
City Clerk
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.~~u/l.E ft./ ·S ,r~ St~Vf(c§ tkA u, l
Contractor (print company name )
By: i.Jhtuf ~lvi/J4 ~
(Signature)
(7U:NN CuR.r1S R1-1&~l /l1~t Of Gnl/. s~:c s
(Print name and Title)
Date: 1/1c /LL/
.::::::;:a..~~~~--· 2~. before me personally appeared_
ntometo ethe ~ of
~..:i;A..d,,Lli:~c.c._.ar;.!o::..l..lal'-U&.L.11.:.'l:l:C.U=-~S~....;U=-c_---· the corporation that executed the
within and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written .
My commission expires: J { -D g · ZDI {p
KERRY BUSH
NOTARY PUBLIC
STATE OF COLOAADO
NOTARY ID 19964018041
MY COMMISSION EXPIRES NOVEMBER 81 2016
City of Englewood Bid Tabulation Sheet
Bid Opening Date: November 21, 2013 2:00 P.M. MST I Apparent Low Bidder I
ITEM BID: IFB-13·020 Allen Water Filter Plant Residuals Removal & Disposal Service
Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost
Vendor 750CY 72DCY 2,000 CY 2,000 CY 4,000 CY 4,000 CY Exceptions:
Parker AG Services, LLC
53036 Highway 71
Limon, CO 80828
749-775-9870
Robert Harlow, Jr.· General Manager $ 400.00 $ 300,000.00 $ 395.00 $ 790,000.00 $ 390.00 $ 1,560,000.00
Next Generation Solullons, UC
10290 S Proaress Way, Ste 205
Parker, CO 80134
303-353-1979
Kurt Rhea • CEO $ 232.85 $ 174,635.06 $ 225.95 $ 451,894.20 $ 223.67 $ 894,698.40
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Present:
Absent:
Also present:
WATER & SEWER
MINUTES
TUESDAY. FEBRUARY JI , 2014
Oakley, Wiggins, Habenicht, Waggoner, Burns, Penn, Olson, Lay, Gillet,
Moore
None
Stewart Fonda, Director of Utilities
John Bock, Manager of Administration
Tom Brennan, Utilities Engineer
Mitch Riley. Distribution Collection Supt.
The meeting was called to order at 5:00 p.m .
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I. MINUTES OF THE JANUARY 14, 2014 MEETING.
The Board reviewed the Minutes of the January 14. 2014 meeting. A correction was noted.
Motion:
Moved:
To approve the Minutes of the November 12, 2014 Water Board meeting
as corrected.
Habenicht Seconded: Waggoner
Motion approved unanimously.
e
2. GUEST: MAUREEN FOLEY -590 PEN1''WOOD CIR.
The owner of 590 Pennwood Cir., Maureen Foley, Appeared to discuss damages that resulted
from a City water main break on December 8, 2013 and request compensation. Bel for Property
Restoration responded for cleanup and is authorized by the City to perform flood cuts to enable
the area behind the drywall to dry out so mold will not form. With the existing contract, the
drywall removed for the flood cut is not replaced.
Ms. Foley requested compensation for displacing the tenant and drywall repair. The Board had
previously ruled on a policy that in the case of a City main caused incident, the City will provide
cleanup but not repair. The Board expressed concern about open-ended liability. It was also
noted that municipalities are not liable under State statute and the owner's next appeal would be
with the District Court.
Motion:
Moved:
To approve Belfor Property Restoration to provide drywall repair for 590
Pennwood Circle.
Burns Seconded: Waggoner
Motion approved unanimously.
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3. 705W.NASSAUWAY.
Charla Berarn appeared before the Board to discuss a sewer main backup on January 11, 2014
caused by towels in the main. There was a delayed response of three hours caused by a
malfunction with the main emergency phone line going into the A11en Plant. An alternate
emergency phone number had been given to dispatch, but was not used. It has also been
standard practice to dispatch a patrol unit if there is no response at the Allen Plant, which did not
happen. Mr. Fonda has brought these issues to the Police Chiefs attention.
Ms. Beram requested reimbursement for the $5,000 deductible on her homeowner's insurance
and reimbursement for the hot water heater and furnace repair.
Mr. Mitch Riley, Distribution and Collection Superintendent, was present to discuss the sewer
main issues, maintenance schedules, and access problems in this area. The owner obtained a
quote from Belfour for drywalJ repair. Installing check valves on the private mains in this area
was discussed as a potential preventative measure. Mr. Fonda and the Board concurred that the
agreement for this isolated case is due to extenuatin_g circumstances created by a communication
problem, and does not constitute a precedent.
Motion:,
Moved:
To grant additional funds to cover the $5,000 homeowner's insurance deductible
and $1,500 for the hot water heater and furnace repair for a total of $6,500.
Check valves will also be installed on the service lines of the houses involved in
this event.
Burns Seconded: Oakley
Motion approved unanimously.
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4. WATER AND SEWER TAP CREDITS AT KENT PLACE
Eric Chekal and Kevin Foltz appeared to request that the full amount of the water and sewer tap
credits be refunded to Regency, Continuum and Forum, to be divided according to the
percentage of acres owned. Regency claims they were not aware of the water and sewer
connection credits at the time applications and fees were submitted.
The Denver Seminary land was purchased by Continuum Partners and carried with it water and
sewer tap credits which could have been applied as various builders requested taps from the City.
Continuum sold the residential portion of the land to the Forum Co. and the commercial section
to Regency Co. and entered a partnership with Regency. Regency Centers then instructed the
City to withhold the tap credits and collect water and sewer tap fees from the various builders,
which the City did.
It is the City Attorney's position that refunds shall be made first to the businesses or individuals
who unnecessarily paid for the taps on this site. To receive a refund, the owners must submit a
written agreement signed by each party and the four business owners that have paid tap fees to
the City, clearly stating that the payees are waiving their rights to a refund and authorizing
payment to the owner of Kent Place Properties .
District Court would be the next step for remediation if all parties do not agree. It was noted that
unused tap credits will not be reimbursed.
a
5. ALUM SLUDGE REMOVAL.
Tom Brennan appeared to discuss alum residuals produced by the settling and filter backwashing
process. Residuals are produced year-round and processed and stored until disposal. Storage
space has since run out, and the Allen Filter Plant needs to dispose of these residuals. Bids were
received by two vendors. Secure On-Site Services USA is the recommended acceptable bidder
at $174,635.06 for one year's production of 750 yards.
Tom Brennan noted that the Utilities Department staff is working with the State Health
Department and alternate landfills for alternative solutions for disposing of alum sludge.
Disposing of the 750 yards will allow a year to investigate alternatives for a cheaper solution and
longer contracts .
Motion:
Moved:
To recommend Council approval, by motion, of the proposal for the Allen
Water filtration Plant residuals removal and disposal to Secure On-Site
Services in the amount of $174,635.06 for disposal of 750 cubic yards of
production.
Waggoner Seconded: Gillet
Motion passed unanimously.
6. WEBSITE COMMENT FORM.
The Board received a copy of a comment form that was submitted to the City Manager's office
from a citizen noting an improvement in water quality.
7. WATER AND SEWER BACKUP REMEDIATION POLICY.
The Board noted they would like to discuss the existing water and sewer main backup
remediation policy at a future meeting.
The meeting adjourned at 6:20 p.m.
The next meeting will be Tuesday, March 11, 2014 at 5 :00 in the community Development
Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 14
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN EMERGENCY ORDINANCE CREATING A MORATORIUM ON THE
ESTABLISHMENT OF ANY NEW MEDICAL MARiruANA BUSINESS WHICH
MANUFACTURES OR CULTIVATES MEDICAL MARimANA.
WHEREAS, the Englewood City Council received complaints concerning posting and criteria
for businesses which manufacture or cultivate medical marijuana at the meeting of February 18,
2014;and
WHEREAS, Council made a motion to implement an emergency ordinance creating a
moratorium on the establishment of medical marijuana businesses which manufacture or
cultivate medical marijuana; and
WHEREAS, Council desires a six month moratorium on any future applications for any
Medical Marijuana businesses which manufacturer or cultivate medical marijuana to evaluate the
City's current posting requirements and criteria for such businesses; and
WHEREAS, staff will evaluate this information and forward it on to the Englewood Liquor
and Marijuana Licensing Authority for recommendations ultimately to City Council; and
WHEREAS, the moratorium allows the two current applicants for the Medical Marijuana
Optional Premises Cultivation licenses to be reviewed by the Englewood Liquor and Medical
Marijuana Licensing Authority; and
WHEREAS, if the Englewood Liquor and Medical Marijuana Authority finds that the current
applicants for the Medical Marijuana Optional Premises Cultivation Licenses were posted
incorrectly, they will be allowed to correct the posting immediately.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT THERE SHALL BE A MORATORIUM FOR THE
MEDICAL MARimANA OPTIONAL PREMISES CULTIVATION LICENSES.
Section 1. An emergency is hereby declared requiring immediate passage of this Ordinance
for the immediate preservation of the public property, health, peace and safety; it is hereby
declared that an emergency exists and that this Ordinance shall take effect upon its final passage .
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Section 2. The moratoriwn allows the two current applicants for the Medical Marijuana
Optional Premises Cultivation Licenses to be reviewed by the Englewood Liquor and Medical
Marijuana Licensing Authority to determine if they had posted their Public Hearing Notices
correctly and if found incorrect, they will be allowed to correct the posting immediately.
Section 3 . The moratoriwn declares a six month moratoriwn on any future Medical
Marijuana Optional Premises Cultivation License applications.
Section 4. During said moratoriwn the City Council directs City staff to develop appropriate
recommendations to Council, consistent with the Constitutional Amendment language and State
regulations.
Section 4 . The City Council finds the provisions of this Ordinance are temporary in nature
and are intended to be replaced by subsequent legislative enactment so that the moratoriwn or
temporary suspension as specified in this Ordinance shall terminate after September 4, 2014.
Introduced, read in full, and passed on first reading as an emergency Ordinance on the 3rd day
of March, 2014.
Published by Title as an Emergency Bill for an Ordinance in the City 's official newspaper on the
7th day of March, 2014 .
Published as an Emergency Bill for an Ordinance on the City's official website beginning on the
5th day of March, 2014 for thirty (30) days.
Randy P. Penn, 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 an Emergency Bill for an Ordinance, introduced, read in full,
and passed on first reading on the 3rd day of March, 2014 .
Loucrishia A. Ellis
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Dear Mayor and Members of the City Council,
After a great deal of thought, this letter is to inform you that I have decided to
retire from the City of Englewood on September 1, 2014.
As of that date, I will have had the opportunity to have served Englewood as the
City Manager for over 17 years and will have been in municipal public
management in Colorado for more than 43 years.
I have enjoyed the opportunity to be of service to Englewood and to have been a
part of the City's many improvements. I will miss working on projects that
Englewood is currently involved in, but I believe it is time to retire in order to
pursue other interests.
As a professional manager and according to ICMA ethics, I will not participate in
the selection process for my replacement. However, I am certainly willing to work
with the City Council and staff during the transition to see projects or initiatives
completed, as determined by City Council.
It has been a pleasure to have worked for Englewood for many years and to have
had the privilege to work with so many dedicated officials, citizens, and
employees. I also have appreciated your support during some difficult and
challenging times.
Dianne and I wish you the best as I move into retirement as of September 1, 2014.
Gary Sears
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