HomeMy WebLinkAbout2014-03-17 (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 17, 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 March 3, 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.
a. City Council will recognize the Englewood nominees for the 2014 Arapahoe County Mayors
and Commissioners Youth Awards:
i. Andrew Abalos, an 8th Grader at Englewood Middle School
ii. Damon Abeyta, a 12th Grader at Colorado's Finest Alternative High School
iii. Jihad Al-Yasiry, an 8th Grader at Englewood Middle School
iv. Taylor Blackburn, an 8th Grader at Englewood Middle School
v. Auzurai Hubbard, an 8th Grader at Englewood Middle School
vi. Maria Johnsen, a 12th Grader at Colorado's Finest Alternative High School
vii. Javier Lopez, a 12th Grader at Colorado's Finest Alternative High School
viii. Kaitlynn McCormack, a 12th Grader at Colorado's Finest Alternative High School
ix. Tim McCrory, a 12th Grader at Colorado's Finest Alternative High School
x. Shawn Michaelis, a 12th Grader at Colorado's Finest Alternative High School
xi. Isabel Montanez, an 8th Grader at Englewood Leadership Academy
xii. Katie O'Brien, a 12th Grader at Colorado's Finest Alternative High School
xiii. Erin Peterson, an 8th Grader at Englewood Middle School
xiv. Ivy Ryan, a 12th Grader at Englewood High School
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.
Engle w ood Ci ty Council Agenda
March 17, 2014
Page 2
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.
9. Consent Agenda Items
a. Approval of Ordinances on First Reading.
i. Council Bill No. 15 -Recommendation from the Police Department to adopt a bill for
an ordinance approving a memorandum of understanding with the Colorado Electronic
Crimes Task Force. Staff Source: Jeff Sanchez, Deputy Chief of Police.
ii. Council Bill No. 16 -Recommendation from the Police Department to adopt a bill for
an ordinance approving a memorandum of understanding with Homeland Security
Investigations and Immigration and Customs Enforcement regarding our participation in
joint operations and task forces. Staff Source: Jeff Sanchez, Deputy Chief of Police.
iii. Council Bill No. 1 7 -Recommendation from the Police Department to adopt a bill for
an ordinance authorizing the application for, and acceptance of, a grant through the
Urban Areas Security Initiative/North Central Region programs. Staff Source: Jeff
Sanchez, Deputy Chief of Police.
iv. Council Bill No. 18 -Recommendation from the Police Department to adopt a bill for
an ordinance authorizing acceptance of a Colorado Internet Crimes Against Children
Task Force grant in the amount of $6,200. Staff Source: Jeff Sanchez, Deputy Chief of
Police.
b. Approval of Ordinances on Second Reading .
i. Council Bill No. 11, authorizing an Intergovernmental Agreement with the Regional
Transportation District for cost sharing for operation of the" Art" shuttle for 2014.
ii. Council Bill No. 12, approving a memorandum of understanding with the Colorado
Internet Crimes Against Children Task Force .
iii. Council Bill No. 13, approving an Intergovernmental Agreement with Denver Regional
Council of Governments regarding the licensing of the 2014 Denver Regional Aerial
Photography Project.
Please note : If you have a disability and need auxiliary aids or services , please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
Englewood City Council Agenda
March 17, 2014
Page 3
c. Resolutions and Motions.
i. Recommendation from the Community Development to approve, by motion, an
agreement between the City of Englewood and MV Public Transportation, Inc. for
2014 management, operation, and maintenance of the art shuttle. The contract
amount is $268,729.20. Staff Source: Harold J. Stitt, Senior Planner.
ii. Recommendation from the Public Works Department to approve, by motion, an
extension of the 2012 Concrete Utility construction contract with NORAA Concrete
Construction for Concrete Utility 2014, in the amount of $420,240.45. Staff Source:
Dave Henderson, Deputy Public Works Director and Larry Nimmo, Field Operations
Administrator.
10. Public Hearing Items. (None Scheduled.)
11. Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading.
b. Approval of Ordinances on Second Reading.
i. Council Bill No. 60, as amended, authorizing amendments to Title 16: Unified
Development Code regarding Home Occupations.
ii. 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.
c. Resolutions and Motions.
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
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.
NAME
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
NSCREDOl:EO PUBtlC COMME
March 17, 2014
ADDRESS (TOPI V
. , ]
7i::~. '-l?~S~~ ~g~
Englewood City Council
March 17, 2014
Good evening Mayor Penn and Council Members,
I'm speaking tonight to personally thank you, the council members for adopting five additional
amendments to the Home Occupations Ordinance which makes significant changes to the
ordinance.
Making the type of home occupations allowed in the RIA Zone residential district the same as
those allowed in all the other residential districts takes away the discrimination and favoritism
treatment of one area of our city over another area.
Allowing commercial delivery services to make home deliveries in the RIA districts; allowing the
use of detached structures for storage of home occupation materials; eliminating the wording
that prohibits business owners from seeing customers in homes within the RIA district and
reversing the ban on home occupations having employees.
The many folks, who may be doing this anyway, now make them legal and obeying city rules. As
citizens see you wanting to make inclusivity -not exclusivity, as the standard of excellence you
strive for; these changes take away the frustration and animosity toward the council and the
city. In this way you serve the greater good for our community.
The old or new ordinances' do not affect me personally. However, I know they do for many of
our Englewood Citizens and it will help them to further their home business and to become
more prosperous which helps our city in the long run.
I spoke to you on February 18, 2014, as well as numerous other folks these last few weeks on
the Home Occupations allowed in the RIA zones. I commend you for pushing back the adoption
of the new rules on March 3, and adopting these new amendments.
I thank you again council.
Respectfully,
Ida May Nicholl
4740 S. Lipan St.
Englewood, CO
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
March 1 7, 2014 9 a i Intergovernmental Agreement -
Electronic Crimes Task Force
Initiated By: Staff Source:
Police Department Deputy Chief Jeff Sanchez
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
N/A
RECOMMENDED ACTION
The Police Department is recommending that City Council adopt a Bill for an Ordinance authorizing
the Mayor to sign a Memorandum of Understanding with the United States Secret Service
regarding our participation on the Colorado Electronic Crimes Task Force (ECTF).
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The U.S . Secret Service was mandated to establish a nationwide network of Electronic Crimes Task
Forces (ECTFs). The concept of the ECTF network is to bring together not only federal, state and
local law enforcement, but also prosecutors, private industry and academia. The common purpose
is the prevention, detection, mitigation and aggressive investigation of attacks on the nation's
financial and critical infrastructures.
The Secret Service's ECTF and Electronic Crimes Working Group initiatives prioritize investigative
cases that involve electronic crimes. These initiatives provide necessary support and resources to
field investigations that meet any one of the following criteria: significant economic or community
impact; participation of organized criminal groups involving multiple districts or transnational
organizations; and the use of schemes involving new technology.
FINANCIAL IMPACT
There would be no financial cost to the Police Department. Any overtime would be reimbursed by
the Secret Service.
In addition, we would be eligible to share in asset forfeitures on a case-by-case basis.
LIST OF ATTACHMENTS
Bill for an Ordinance
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCILBILLNO. 15
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "MEMORANDUM OF UNDERSTANDING" BETWEEN THE UNITED STATES
SECRET SERVICE AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO
COLORADO ELECTRONIC CRIMES TASK FORCE.
WHEREAS, the U.S. Secret Service was mandated to establish a nationwide network of
Electronic Crimes Task Forces (ECTFs); and
WHEREAS, the Electronic Crimes Task Force (ECTF) network is to bring together not only
federal, state and local law enforcement, but also prosecutors, private industry and academia for
the purpose of prevention, detection, mitigation and aggressive investigation of attacks on the
nation's financial and critical infrastructures; and
WHEREAS, the U.S. Secret Service's ECTF and Electronic Crimes Working Group
initiatives prioritize investigative cases that involve electronic crimes; and
WHEREAS, these initiatives provide necessary support and resources to field investigations
which meet the following criteria: significant economic or community impact; participation of
organized criminal groups involving multiple districts or transnational organizations; and the use
of schemes involving new technology; and
WHEREAS, the MOU is established pursuant to provisions of the Treasury Forfeiture Fund
Act of 1992, 31USC9703, as amended; which established the Department of the Treasury
Forfeiture Fund and authorized the payment of certain overtime expenditures, travel, fuel,
training, equipment and other similar costs of State and Local Law enforcement officers, that are
involved in joint operations, with a Department of the Treasury law enforcement organization, as
prescribed in 31 USC 9703 (a) (I) (hereinafter "overtime costs and other expenses"); and
WHEREAS , the Englewood Police Department will assign Englewood officer(s) to the Task
Force to assist the U.S. Secret Service's Colorado Electronic Crimes Task Force in conducting
official investigations, and Englewood will remain responsible for establishing the salary and
benefits, including overtime of the officer(s) assigned to the Task Force and making all payments
due to the assigned officer(s); and
WHEREAS, Englewood will submit all reimbursement hours of overtime costs and all other
expenses of the assigned Englewood officer(s) to the U.S. Secret Service Task Force for
reimbursement; and
WHEREAS, federal funds are being used for this project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Memorandum of Understanding Between the United States Secret Service and the City of
Englewood, Colorado pertaining to Englewood's participation in the Colorado Electronic Crimes
Task Force (ECTF) and reimbursement to the City by the ECTF, attached hereto as "Exhibit A".
Section 2 . The Mayor is hereby authorized to sign said Agreement for and on behalf of the City
of Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 17th day of March, 2014 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of
March, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 19th 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 17th day of March, 2014.
Loucrishia A. Ellis
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE Englewood Police Department
AND
THE UNITED STATES SECRET SERVICE
The Englewood Police Department and the United States Secret Service (USSS) enter
into this memorandum of understanding (MOU), which becomes effective with the
signatures of both parties and remains in effect until terminated by the mutual agreement
of the Englewood Police Department and the USSS or upon 30 day written notice by
either party to this agreement.
I. AUTHORITY
This MOU is established pursuant to provisions of the Treasury Forfeiture Fund Act of
1992, 31 USC 9703, as amended. This act established the Department of the Treasury
Forfeiture Fund and authorized the payment of certain overtime expenditures, travel, fuel,
training, equipment and other similar costs of State and Local law enforcement officers,
that are involved in joint operations, with a Department of the Treasury law enforcement
organization, as prescribed in 31USC9703 (a)(l)(D(hereinafter "overtime costs and
other expenses").
II. PURPOSE
This MOU establishes the procedures and responsibilities of both the Englewood Police
Department and the USSS for the reimbursement of certain overtime costs and other
expenses pursuant to 31 USC 9703.
III. CONDITIONS AND PROCEDURES
The parties agree to the following conditions:
(a) The Englewood Police Department may request reimbursement of payment of
overtime costs and other expenses directly related to work performed by its
officer(s) assigned to assist the U.S. Secret Service's Colorado Electronic Crimes
Task Force in conducting official investigations. The Englewood Police
Department will submit all requests for reimbursement payments, together with
appropriate documentation, to the U.S. Secret Service's Colorado Electronic
Crimes Task Force Supervisor. Request for reimbursement will be based solely
upon overtime worked and other expenses performed on behalf of the U.S. Secret
Service's Colorado Electronic Crimes Task Force.
(b) All reimbursement hours of overtime costs and all other expenses covered under
this MOU must be approved and certified by the U.S. Secret Service Task Force
supervisor. The reimbursable overtime payments will be based upon the actual
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hourly overtime rate, exclusive of matching employer contributions for any taxes
or benefits .
(c) The U.S. Secret Service Task Force supervisor will forward all approved
reimbursement requests through the Special Agent in Charge (SAIC) Criminal
Investigative Division, Office of Investigations, to the Treasury Forfeiture Fund's
payment agent, the U.S. Customs National Finance Center (NFC).
( d) During the period of assignment to the Colorado Electronic Crimes Task Force,
the Englewood Police Department will remain responsible for establishing the
salary and benefits, including overtime of the officer(s) assigned to the Task
Force and making all payments due them. Reimbursement under this MOU is
contingent upon the availability of mandatory funds allocated to the U.S. Secret
Service through the Department of the Treasury Forfeiture fund.
( e) The Englewood Police Department shall permit and have readily available for
examination and auditing by the U.S . Secret Service, the Department of Treasury,
the Comptroller of the United States, and any of their duly authorized agents and
representatives, any and all records, documents, accounts, invoices, receipts or
expenditures relating to this agreement. They shall maintain all such records and
reports until all audits and examinations are completed and resolved, or for a
period of three (3) years, which ever is sooner.
(t) Payments may be made to the extent they are included in the U.S. Secret Service
Fiscal Year Plan and the monies are available within the Department of Treasury
Forfeiture Fund to satisfy the request(s) for reimbursable expenses. It should also
be understood that the total amount(s) made available to the U.S. Secret Service
through the Department of the Treasury Forfeiture Fund, for reimbursement to the
Englewood Police Department, could change at any time.
(g) Pursuant to the Treasury Executive Office for Asset Forfeiture (TEOAF) directive
number 18, the maximum reimbursement entitlement for overtime costs to any
one law enforcement official cannot exceed fifteen-thousand ($15,000.00) dollars
during the fiscal year.
(h) This document does not obligate funds. Funding authority will be provided
through other documents.
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(i) The Englewood Police Department shall provide the U.S . Secret Service within
10 days of the signing of this MOU, with their agency's mailing address, contact
name, telephone number and tax identification number. Further, this agency must
provide the name, account number and ABA routing number of the financial
institution where the (Name of Law Enforcement Agency) wants the Electronic
Funds transfer (EFT) payment deposited for the reimbursement of overtime salary
costs. Failure to provide this information within the prescribed period of time will
nullify this MOU agreement.
IV. REVISIONS
The terms of this MOU may be amended upon the written approval of both the (Name of
Law Enforcement Agency) and the U.S . Secret Service. Such amendment is effective
upon the date of approval.
U.S. Secret Service
Denver Field Office
SAIC Bruce Ward
SAIC Edward Lowery
U.S. Secret Service, Office of Investigations
Criminal Investigative Division
Englewood Police Department
Mayor Randy Penn ·
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
March 1 7, 2014 9 a ii Intergovernmental Agreement -Immigration
and Customs Enforcement (ICE)
Initiated By: Staff Source:
Police Department Deputy Chief Jeff Sanchez
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
N/A
RECOMMENDED ACTION
The Police Department is recommending that City Council adopt a Bill for an Ordinance authorizing the
Mayor to sign a Memorandum of Understanding with Homeland Security Investigations (HSI) and
Immigration and Customs Enforcement (ICE) regarding our participation in joint operations and task forces.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This agreement is established pursuant to the provisions of 31 U.S.C. 9703, the Treasury Forfeiture Fund Act
of 1992, which provides for the reimbursement of certain expenses incurred by local, county, and state law
enforcement agencies as participants of joint operations/task forces with a federal agency participating in
the Treasury Forfeiture Fund.
The Englewood Police Department will participate as needed on joint operations and investigations that
have a nexus to the City of Englewood.
FINANCIAL IMPACT
There would be no financial cost to the Police Department. Any overtime would be eligible for
reimbursement by the Treasury Forfeiture Fund.
In addition, we would be eligible to share in asset forfeitures on a case-by-case basis .
UST OF ATTACHMENTS
Bill for an Ordinance
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 16
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
AND HOMELAND SECURITY INVESTIGATIONS AND THE CITY OF ENGLEWOOD,
COLORADO PERTAINING TO IMMIGRATION AND CUSTOMS ENFORCEMENT.
WHEREAS, the agreement is established pursuant to the provisions of 31 U.S.C. 9703, the
Treasury Forfeiture Fund Act of 1992, which provides for the reimbursement of certain expenses
incurred by local, county, and state law enforcement agencies as participants of joint
operations/task forces with a federal agency participating in the Treasury Forfeiture Fund; and
WHEREAS, the agreement with Homeland Security Investigations (HSI) and Immigration
and Customs Enforcement (ICE) establishes the City of Englewood Police Department
participation as needed on joint operations and investigations that have a nexus to the City of
Englewood; and
WHEREAS, the Englewood Police Department will assign Englewood officer(s) to the
Homeland Security Investigations or joint operations and
WHEREAS, Englewood will remain responsible, as the employer of the officers assigned to
the investigation, for payment of overtime salaries and related benefits (tax withholdings,
insurance coverage, etc.) and all other requirements under the law, regulation, ordinance, or
contract, regardless of the reimbursable overtime charges incurred; and
WHEREAS, the Treasury Forfeiture Fund will reimburse overtime salaries only; and
WHEREAS, Englewood will submit a Englewood Request for Reimbursement of Joint
Operations Expenses for reimbursement for all reimbursement hours of overtime costs and all
other expenses of the assigned Englewood officer(s) to the Treasury Forfeiture Fund for
reimbursement; and
WHEREAS, federal funds are being used for this project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Agreement between the U.S. Immigration and Customs Enforcement and the City of Englewood,
Colorado pertaining to Englewood's participation in the Homeland Security Investigations (HSI),
Immigration and Customs Enforcement (ICE), joint operations/task forces, attached hereto as
"Exhibit A".
Section 2. The Mayor is hereby authorized to sign said Agreement for and on behalf of the City
of Englewood, Colorado.
Introduced, read in full , and passed on first reading on the 17th day of March, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of
March, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 19th 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
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above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on •
first reading on the 17th day of March, 2014.
Loucrishia A . Ellis
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MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
IMMIGRATION AND CUSTOMS ENFORCEMENT
AND
LOCAL, COUNTY, OR STATE LAW ENFORCEMENT AGENCY
FOR THE REIMBURSEMENT OF JOINT OPERATIONS EXPENSES FROM
THE TREASURY FORFEITURE FUND
This Memorandum of Understanding (hereafter, "agreement") is entered into by the Englewood
Police Department (NCIC CODE CODPDOOOO) and Homeland Security Investigations (HSI),
Immigration and Customs Enforcement (ICE), for the purpose of reimbursing costs incurred by the
Englewood Police Department in providing resources to joint operations/task forces.
Payments may be made to the extent that they are included in the ICE Fiscal Year Plan and the
funding is available in the Treasury Forfeiture Fund to satisfy request(s) for the reimbursement of
overtime and other law enforcement expenses related to joint operations.
I. LIFE OF Tms AGREEMENT
II .
This agreement becomes effective on the date it is signed by both parties and will remain in
force unless explicitly terminated, in writing, by either party.
AUTHORITY
This agreement is established pursuant to the provisions of 31 U.S.C. 9703, the Treasury
Forfeiture Fund Act of 1992, which provides for the reimbursement of certain expenses
incurred by local, county, and state law enforcement agencies as participants of joint
operations/task forces with a federal agency participating in the Treasury Forfeiture Furid.
III. PURPOSE OF Tms AGREEMENT
This agreement establishes the responsibilities of both parties and the procedures for the
reimbursement of certain overtime expenses and other law enforcement expenses pursuant to
31 u.s.c. 9703.
IV. APPLICABILITY OF Tms AGREEMENT
This agreement is valid for all joint investigations led by HSI with the participation of the
Englewood Police Department and until terminated, in writing, by either party.
V. TERMS, CONDITIONS, AND PROCEDURES
A. Assignment of Officers
To the maximum extent possible, the Englewood Police Department shall assign
dedicated officers to HSI investigations or joint operations. The Englewood Police
Department shall provide HSI with the names, titles, last four digits of SSNs, badge or
ID numbers, and hourly overtime wages of the officers assigned to the joint operation.
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B. Submission of Requests for Reimbursement and Supporting Documentation
1. The Englewood Police Department may request the reimbursement of overtime
salary expenses directly related to work on a joint operation with HSI performed by
officers assigned to this joint operation. Other investigative expenses (i.e., travel,
fuel, training, equipment and other similar costs) incurred by members of the
designated joint operation may also be reimbursable.
Requests for reimbursement of overtime expenses should be submitted to the Special
Agent in Charge, 5445 DTC Parkway, Suite 600, Greenwood Village, Colorado
80111, within thirty (30) days after the overtime costs have been incurred.
The Englewood Police Department may not request reimbursement of the same
expenses from any other Federal law enforcement agency that may also be
participating in the investigation.
2. Reimbursement payments will not be made by check. The Englewood Police
Department must ensure that the U.S. Customs and Border Protection, National
Finance Center (CBP/NFC) has a current ACH form on file for the receipt of
reimbursable expenses by electronic funds transfer. The completed, signed ACH
form must be sent to:
U.S. Customs and Border Protection
National Finance Center
Attn: Eliot VanVelzen-Forfeiture Fund Team
6650 Telecom Drive, Suite 100
Indianapolis, IN 46278
If any of the requesting agency's bank account information changes, a new ACH form
must be completed and provided to the NFC as soon as possible.
3. In order to receive reimbursement of officers' overtime and other expenses related to
joint operations, the Englewood Police Department must submit the "Local, County,
and State Law Enforcement Agency Request for Reimbursement of Joint Operations
Expenses" (invoice), signed by an authorized representative of the agency, and
accompanied by a request for reimbursement on agency letterhead, along with
supporting documents (i.e., copies of time sheets or receipts).
4. The Englewood Police Department remains fully responsible, as the employer of the
officers assigned to the investigation, for payment of overtime salaries and related
benefits (tax withholdings, insurance coverage, etc.) and all other requirements under
the law, regulation, ordinance, or contract, regardless of the reimbursable overtime
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charges incurred. The Treasury Forfeiture Fund will reimburse overtime salaries only; •
benefits are not reimbursable.
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5. The maximum reimbursable entitlement for overtime worked on behalf of
joint investigations is set at $15,000 per officer per year.
6. Requests for reimbursement of joint operations overtime and/or other expenses must
be submitted to the Special Agent in Charge, Denver, Colorado, for certification and
submission for payment.
VI. PROGRAM AUDIT
This agreement and its provisions are subject to audit by ICE, the Department of the
Treasury/Office of Inspector General, the General Accounting Office, and other
government designated auditors. The Englewood Police Department agrees to permit such
audits and agrees to maintain all records relating to these transactions for a period not less
than 3 years and, in the event of an ongoing audit, until the audit is complete.
These audits may include reviews of any and all records, documents, reports, accounts,
invoices, and receipts of expenditures related to this agreement, as well as interviews of
any and all personnel involved in these transactions.
VII. REVISIONS
The terms of this agreement may only be amended upon the written approval of both
parties. The revision becomes effective on the date of approval.
VIII. NO PRIVATE RIGHT CREATED
This is an internal government agreement between ICE and Englewood Police Department
and is not intended to confer any right or benefit to any private person or party.
Kumar C. Kibble, Special Agent in Charge
U.S. Immigration & Customs Enforcement
5445 DTC Parkway, Suite 600
Denver, Colorado 80204
Randy Penn, Mayor
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject: Urban Areas Security Initiative
March 17, 2014 9 a iii (UASI) and North Central Region (NCR)
Grant Funding
Initiated By: Staff Source:
Police Department Deputy Chief Jeff Sanchez
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has previously approved our participation in the Urban Areas Security Initiative (UASI) and
North Central Region (NCR) Programs.
RECOMMENDED ACTION
The Police Department is recommending that City Council adopt an Ordinance authorizing the Englewood
Police Department to apply for funding that will become available through the Urban Areas Security
Initiative (UASl)/North Central Region (NCR) Programs.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The UASI program is intended to provide financial assistance to address the unique multi-discipline
planning, organization, equipment, training, and exercise needs of high-threat, high-density urban areas, and
to assist these areas in building and sustaining capabilities to prevent, protect against, mitigate, respond to,
and recover from threats or acts of terrorism using the Whole Community approach. Activities
implemented with UASI funds must support terrorism preparedness by building or enhancing capabilities
that relate to the prevention of, protection from, mitigation of, response to or recovery from terrorism in
order to be considered eligible . Many capabilities which support terrorism preparedness simultaneously
support preparedness for other hazards.
The North Central All-Hazards Emergency Management Region (NCR) is one of nine emergency
preparedness and response regions within the State of Colorado. Formation of the regions has led to a
more efficient use of available limited funding and resources. The NCR is responsible for managing the
State Homeland Security Grant Program and has a strong partnership the Denver Area Urban Area Security
Initiative (UASI). Although the NCR and UASI have different governing structures, many of the committees
are joint committees and work in an integrated, collaborative method.
UASl/NCR will be applying for the grant. The Police Department will submit two separate proposals to
UASl/NCR to receive grant funding. The first proposal will be for the purchase of new equipment for the
Englewood SWAT Team. The second proposal will be for the purchase of new equipment to upgrade the
Englewood Police/Fire Command Van and one Police Command Vehicle.
FINANCIAL IMPACT
The SWAT Equipment request will be for $52,576. The Police /Fire Command Vehicles request will be for
$7,440.86 .
LIST OF AlTACHMENTS
Bill for an Ordinance
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 17
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
REGARDING THE APPLICATION FOR AND ACCEPTANCE OF AN URBAN AREAS
SECURITY INITIATIVE (UASI)/NORTH CENTRAL ALL-HAZARDS EMERGENCY
MANAGEMENT REGION (NCR) PROGRAM GRANT .
WHEREAS, the North Central All-Hazards Emergency Management Region (NCR) is one of
nine emergency preparedness and response Regions within the State of Colorado; and
WHEREAS, formation of the regions has led to a more efficient use of available limited
funding and resources; and
WHEREAS, the NCR is responsible for managing the State Homeland Security Grant Program
and has a strong partnership the Denver Area Urban Security Initiative (UASI); and
WHEREAS, although the NCR and UASI have different governing structures, many of the
committees are joint and work in an integrated, collaborative method; and
WHEREAS, the Urban Areas Security Initiative (UASI)/ North Central All-Hazards Emergency
Management Region (NCR) Program is intended to provide financial assistance to address the
unique multi-discipline planning, organization, equipment, training, and exercise needs of high-
threat, high-density Urban Areas, and to assist these areas in building and sustaining capabilities to
prevent, protect against, mitigate, respond to, and recover from threats or acts of terrorism using
the Whole Community approach; and
WHEREAS, activities implemented with UASI/NCR funds must support terrorism preparedness
by building or enhancing capabilities that relate to the prevention of, protection from, mitigation of,
response to or recovery from terrorism in order to be considered eligible; and
WHEREAS, many capabilities which support terrorism preparedness simultaneously support
preparedness for other hazards; and
WHEREAS, the Urban Areas Security Initiative (UASI)/North Central All-Hazards Emergency
Management Region (NCR) will be applying for a grant, and the Englewood Police Department
will submit two separate proposals to UASI/NCR to receive grant funding:
• Englewood Police Department will submit a proposal to UASI/NCR to receive grant
funding to be used for the purchase of new equipment for the Englewood SWAT Team .
$52,576 -to equip the Englewood SWAT officers to ensure they are prepared to protect the
citizens of Englewood and provide additional support to neighboring jurisdictions during a
response to a critical incident. •
• Englewood Police Department will submit a proposal to UASl/NCR to receive grant
funding in the amount of $7,440.86, for the purchase of new equipment to upgrade the
Englewood Police/Fire Command Van and one Police Command Vehicle to ensure the
City has the capability to respond to critical incidents .
WHEREAS, the Urban Areas Security Initiative (UASI)/North Central All-Hazards Emergency
Management Region (NCR) Grant will be using federal funds for these grants.
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 City to
apply for and accept the Urban Areas Security Initiative (UASI)/ North Central All-Hazards
Emergency Management Region (NCR) Grant Funding for the proposals attached hereto as Exhibits
AandB.
Section 2 . The Mayor is authorized to execute accept of the UASl/NCR grants for and on
behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 17th day of March, 2014.
Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 21 st day of
March, 2014 .
Published as a Bill for an Ordinance on the City's official website beginning on the 19th 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 17th day of March, 2014 .
Loucrishia A. Ellis
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Grant Project Application • Agency: Englewood Police Department
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Project Title: SWAT Equipment
The purpose of this project is to equip Englewood SWAT officers to ensure they are prepared to protect the
citizens of Englewood and provide additional capability to neighboring jurisdictions during response to a
critical incident.
The following information addresses the specific requirements identified in the interim grant guidance:
• This project supports THIRA Planning Scenario 2: Active Shooter
• This project supports the following Core Capabilities:
o Communications
o Operation Coordination
o Incident Operations
• This project supports NCR Goal 1: Operational Communications
Public Safety agencies which comprise the responder community of the UASI/NCR will have the
ability to talk within and across agencies and jurisdictions via radio and associated
communications systems, exchange voice, data and/or video with one another on demand, in real
time, when needed, when authorized.
o Measure I: Agencies have operable communications systems that are in place to meet
their everyday internal agency requirements.
• This project supports NCR Goal 8: Incident Operations
Provide adequate capabilities and resources to effectively manage, equip, prepare and train for
critical multi-jurisdictional incidents, ensuring responder safety and health as well as fostering
inter-jurisdictional and interdisciplinary coordination and collaboration between each of the
different first responder disciplines.
• This project supports the following Major Event Improvement Plans:
o Operation Mountain Guardian
o Englewood Active Shooter Exercise
o Various "real-world" incident responses
• Regional Risk Level: The City of Englewood lies within the North Central Region (NCR) and
borders the City of Denver. Regional risk data indicates the NCR has an overall risk rating of"high";
the only region in the state to hold that level. Department of Local Affairs (DOLA) population data
shows that approximately 56% of Colorado's population is housed within the boundaries of the NCR.
In addition, the 2009 state capabilities assessment shows that 4 7% of total first responders in Colorado
reside in the NCR. With more than half the civilian population, and less than half of the first
responder population housed inside of the NCR, the need for funding to establish and maintain
activities that allow for im roved res onder ca abili eatl mi ti ates the risk to the re ·on.
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Budget • ·;x~,Lh~;::·i ;ty;~\" ;;1 ;:;~;;,.,·;.>:x'· ,\ ':"· · .• : ·.;>. ,.:,·: !.'. • <>:,_ ... ,;.· ;,;;,\:.·.',;/?;>•':f:••·:· ''· QUanti&i.'. .·~.~#~t ·•.E~t®~t~.~ {;.,;.: .. ~T:otaK if ·
Tactical Ballistic Vests with pouches 17 $20,480
Ballistic Helmets with Rails 17 $10,404
Radio MH180 Headsets -Dlial Vibrators 11 $7150
Pole Camera Search System 1 $7900
Weapon Mounted Lighting Systems 17 $4400
Chemlights, Red, Blue, Green 100 $530
Tactical Belts 17 $1712
Grand Total $ 52,576
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Grant Project Application • Agency: Englewood Police Department --
Project Title: Command Vehicles Upgrade
The purpose of this project is to upgrade the Englewood Police and Fire Response Command Van and Police
Commander's Response vehicle to ensure we have the capability to respond to critical incidents.
The following information addresses the specific requirements identified in the interim grant guidance:
• This project supports the following TlllRA Planning Scenarios:
o Planning Scenario 1 : Hazmat Chemical Release
o Planning Scenario 2: Active Shooter
o Planning Scenario 3: Flood
• This project supports the following Core Capabilities:
o Communications
o Operation Coordination
o Incident Operations
o Access control
o On-scene security and protection
o Information Sharing and Intelligence; Interdiction & Disruption
• This project supports the following NCR Goals:
o Goal 1: Operational Communications
Public Safety agencies which comprise the responder community of the UASI/NCR will have the
ability to talk within and across agencies and jurisdictions via radio and associated
communications systems, exchange voice, data and/or video with one another on demand, in real
time, when needed, when authorized.
o Measure I: Agencies have operable communications systems that are in place to meet
their everyday internal agency requirements.
Facilitate the synthesis of information by encouraging agencies and responders to gather
information and share that information vertically with the State & Federal agencies, as well as,
horizontally with agencies and disciplines in order to facilitate better information sharing
capabilities from an all hazards and all crimes perspective. A concerted effort will be placed on
outreach in order to enhance relevancy to local jurisdictions.
o Goal 8: Incident Operations
Provide adequate capabilities and resources to effectively manage, equip, prepare and train for
critical multi-jurisdictional incidents, ensuring responder safety and health as well as fostering
inter-jurisdictional and interdisciplinary coordination and collaboration between each of the
different first responder disciplines.
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• This project supports the following Major Event Improvement Plans:
o Operation Mountain Guardian
o Englewood Active Shooter Exercise
o Various "real-world" incident responses
• Regional Risk Level: The City of Englewood lies within the North Central Region (NCR) and
borders the City of Denver. Regional risk data indicates the NCR has an overall risk rating of"high";
the only region in the state to hold that level. The Department of Local Affairs (DOLA) population
data shows that approximately 56% of Colorado's population is housed within the boundaries of the
NCR. In addition, the 2009 state capabilities assessment shows that 47% of total first responders in
Colorado reside in the NCR. With more than halfthe civilian population, and less than half of the
first responder population housed inside of the NCR, the need for funding to establish and maintain
activities that allow for improved responder capability greatly mitigates the risk to the region.
Budget
Desktop pc 1 757.00 757.00
PC lock 1 99 .00 99.00
Computer Monitors 2 156.99 313.98
Monitor wall mounts 2 32.99 65.98
Tellular device 1 375.00 375.00
External modem 1 150.00 150.00
Modem antennas 2 189.95 379.90
Printer 1 300.00 300.00
Command Unit Extension Bed for Suburban 1 5000.00 5000.00
Grand Total $7440.86
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
March 17, 2014 9 a iv Intergovernmental Agreement -Colorado
Internet Crimes Against Children Task Force
Grant Award
Initiated By: Staff Source:
Police Department Deputy Chief Jeff Sanchez
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 an Ordinance authorizing the Englewood
Police Department to accept a grant award from the Colorado Internet Crimes Against Children Task Force.
This grant is offered through the Department of Justice (DOJ), Office of Justice Programs (OJP) and the
Office of Juvenile Justice and Delinquency Prevention (OJJDP) .
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 pornography 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 Colorado Springs Police Department is the grant holder and lead task force agency. Colorado Springs
P.O. has received a grant award under the Internet Crimes Against Children grant. The Englewood Police
Department, which is in the process of joining the COICAC Task Force, has been approved to receive a
sub-award in the amount of $6,200. This funding will be used to purchase a laptop computer and
"Cellbrite" software which is used for forensic inspections of cell phones.
FINANCIAL IMPACT
We have been approved to receive a sub-award of $6,200. No financial match is required .
LIST OF ATTACHMENTS
Bill for an Ordinance
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 18
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF COLORADO INTERNET CRIMES
AGAINST CHILDREN TASK FORCE GRANT AW ARD BETWEEN THE CITY OF
COLORADO SPRINGS AND MEMBER PARTIES INCLUDING THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, the Englewood City Council previously authorized Englewood's participation in
the Internet Crimes Against Children Regional Task Force by the passage of Ordinance No. 58,
Series of 2008; 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, this support encompasses investigative, prosecutorial and forensic components,
training and technical assistance, victim services, prevention and community education; and
WHEREAS, 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; and
WHEREAS, the Colorado Springs Police Department is the grant holder and lead task force
agency; and
WHEREAS, Colorado Springs Police Department has received a grant award under the
Internet Crimes Against Children grant; and
WHEREAS, the Englewood Police Department, which is in the process of joining the
COICAC Task Force, has been approved to receive a sub-award in the amount of $6,200,
which will be used to purchase a laptop computer and "Cellbrite" software which is used for
forensic inspections of cell phones; and
WHEREAS, by the passage of this ordinance the Englewood City Council authorizes the City
of Englewood Police Department to accept Grant funding which has been awarded to the
Englewood; and
WHEREAS, federal funding is used for this Grant which is awarded by the Department of
• Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
Section 1. The Colorado Springs Police Department (CSPD) Statement of Grant Award
(SOGA), attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City
Council.
Section 2 . The Mayor is hereby authorized to sign the acceptance of grant award for and on
behalf of the City of Englewood, Colorado.
Introduced, read in full , and passed on first reading on the 17th day of March, 2014 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of
March, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 19th 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 17th day of March, 2014 .
Loucrishia A. Ellis
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February 24, 2014
Hello Officer Fowler:
COLORADO INTERNET CRIMES
AGAINST CHILDREN TASK FORCE
705 South Nevada Avenue
Colorado Springs, CO 80903
Ph. 719.444.7560 Fax 719.444.7380
Enclosed you will find the cover letter signed by Colorado Springs Police Chief Peter Carey, followed
by the Statement of Grant Award (SOGA), and your approved budget. The cover letter and SOGA
acknowledge your sub-award for funding under the Internet Crimes Against Children Task Force
grant, in which CSPD is the lead fiscal agency.
Please read through the cover letter and SOGA; then have the SOGA signed by an authorized
signatory for your Agency. Your authorized signatory may be someone from your Agency, your City
or County. Once the SOGA is signed, please return the document to the address listed below. The
SOGA must be signed (fully executed) PRIOR to spending any grant funds. Once CSPD has received
your signed copy and it has been signed by our office, I will scan and email the signed copy back to
your ICAC Project Director .
If you have any questions, please do not hesitate to contact me!
Thank you!
4(;'1W U11 f(C7/J1fXA\...
danet Van Kampen
ICAC Task Force Program Coordinator
Colorado Springs Police Department
Investigations Division
Attn: Janet Van Kampen
Internet Crimes Against Children Task Force
705 South Nevada Avenue
Colorado Springs, CO 80903
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CITY OF COLORADO SPRINGS
February 18, 2014
Englewood Police Department
Chief John Collins
3615 South Elati Street
Englewood, CO 80110
RE: Statement of Grant Award (SOGA) and Assurances
Grant #2012-MC-FX-KD09, Internet Crimes Against Children
Dear Chief Collins:
POLICE DEPARTMENT
Peter Carey
Chief of Police
On behalf of the City of Colorado Springs and the Colorado Springs Police Department. it is my pleasure to inform you
that the Colorado Springs Police Deparnnent has received a grant award under the Internet Crimes Against Children
grant, in which your sub-award for funding has also been awarded in the amount of $6,200. This grant is offered
through the Department of Justice (DOJ), Office of justice Programs (OJP) and the Office of Juvenile Justice and
Delinquency Prevention (OJJDP).
Enclosed you will find the Statement of Grant Award (SOGA). This award is subject to all administrative and financial
requirements of the funding source, to include OMB circulars, the Colorado Internet Crimes Against Children
Administrative Guide, and the Office of Justice Programs (OJP) Financial Guide, including the timely submission of all
financial and programmatic reports.
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Prior to expending any grant funds, a fully executed Statement of Grant Award (SOGA), must be returned to our office •
with the signature of the authorized recipient official. A fully executed Statement of Grant Award is accomplished when
the sub-grantee returns a signed original Statement of Grant Award (SOGA) and the Colorado Springs Police
Department returns a copy of the fully signed Statement of Grant Award back to the sub-grantee. The original will be
kept on file at the Colorado Springs Police Department.
Please return your signed SOGA to:
Colorado Springs Police Department
Investigations Division
Internet Crimes Against ChJldren Task Force
Attention: Janet Van Kampen
705 South Nevada Avenue, MC-1502
Colorado Springs, CO 80903
If you have questions regarding this award, please contact: Janet Van Kampen, at 719-444-7560 or via email at
yankamja@ci.colospgs.cg us,
Congratulations, and we look forward to working with you!
Sincerely,
~~ Peter Carey, Chief of Police
Attachments: Statement of Grant Award (SOGA), 2014 Approved Budget, Special Conditions and Certified Assurances
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COLORADO SPRINGS POLICE DEPARTMENT (CSPD)
STATEMENT OF GRANT AWARD (SOGA>
Sue GRANTEE AGENCY NAME: Emdewood Police Deoartment
PROJECT DIRECTOR: Officer Joe Fowler
3615 South Elati Street
PROJECT DIRECTOR ADDRESS: Emdewood, CO 80110
GRANT NUMBER: 2012-MC-FX-K009
Colorado Internet Crimes Against Children Task Force,
PROJECT TITLE: Internet Crimes Against Children Grant Award
GRANT PERIOD: 2/18/14 -5/16/14
DATE ISSUED: 2/18/14
*AWARD AMOUNT: $6,200
*Award amount may be changed by written agreement between both parties.
The attached grant application, including Special Provisions and Certified Assurances, Is Incorporated herein as a part
of this document
SPECIAL CONDrrlONS AND REQUIREMENTS:
1. The sub-grantee agrees to submit to the Colorado Springs Police Department (CSPD), who In turn submits to
Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention any
written materials that will be published through funds from this award at least thirty (30) working days prior
to the targeted dissemination date. All publications must contain the Internet Crimes Against Children logo
unless othetwise notified. All publications shall Include the following language:
"This project was supported by Grant No. 2012-MC-FX-K009, awarded by the Department of justice, Office of
justice Programs, Office of juvenile justice and Delinquency Prevention. Office ofjuvenile justice and Delinquency
Prevention is a component of the Office of justice Programs, which also includes the Bureau ofjustice Statistics, the
National Institute of justice, and the Office for Victims of Crime. Points of view or opinions in this document are
those of the author and do not represent the offidal position or policies of the Unites States Department of justice."
2. The sub-grantee must submit yearly to the CSPD one copy of your most recent A-133 audit or financial review,
including any management or other auditor comments.
3. AU recipients of Federal financial assistance, regardless of the particular funding source, the amount of the
grant award, or the number of employees In the workforce, are subject to the prohibitions against unlawful
discrimination. In the event of a Federal or State court or Federal or State administrative agency makes and
adverse finding of discrimination against your organization after a due process hearing, on the grounds of race,
color, religion, national origin, or sex, your organization must submit a copy of the finding to the Colorado
Springs Police Department
4. The sub-grantee agrees to take reasonable steps to provide meaningful access to their programs and activities
for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that
sub grantees have In providing language services to LEP individuals, please see the website at www.lep.gov .
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5. Grant activities must be based on the approved budget form, within this grant award, which supersedes any
earlier budget request submitted. The sub-grantee must secure prior written approval from the Colorado •
Springs Police Department, Internet Crimes Against Children Unit if there is to be a change in any budget .
category. Failure to seek prior approval may result in denial of reimbursement.
6. The sub-grantee agency affirms that the parties' agreement consists of a multi-part document; the award letter,
Statement of Grant Award (SOGA), approved budget form, grant requirements (by reference), Federal Certified
Assurances (by reference), and signatures of persons authorized to sign on behalf of the sub-grantee agency on
each part of the document.
7. Review carefully the Office of Justice Programs (OJP) Financial Guide, which includes procedures regarding this
document, reimbursement for grant funds, reporting requirements, procurement procedures, as well as the
Colorado Internet Crimes Against Children Grant Administration Guide.
8. This grant award will be effective upon the final approval by the CSPD. No payment or reimbursements will
be made for purchases charged to the grant prior to approval from the CSPD.
9. The authorized official to whom this award letter Is addressed Is the authorized signing official for this
Statement of Grant Award (SOGA). The sub-grantee must promptly notify the CSPD in writing, of any changes in
the authorized official, project director, or financial officers.
10. Commencement within 60 days. If the ICAC sub-grantee agency has not commenced this project within 60 days
of the start of the approved expenditure request, the sub-grantee must report the following to the CSPD:
a. The steps taken to initiate the project;
b. The reasons for delay; and
c. The expected start date.
11. Operational within 80 days. If the CSPD concludes the project is not operational within 80 days of the original
start date of the grant period, the CSPD may begin termination or reduction in grant proceedings.
12. The sub-grantee is expected to consistently perform the funded activities under the grant throughout the
duration of the grant period. If the sub-grantee goes a quarter with no grant activity, (to include lack of
submission of timely required monthly reporting) It may be cause for the funder to reallocate the funding. The
sub-grantee Is encouraged to develop a quarterly deployment plan to ensure funds are consistently spent and
reporting requirements are met The CSPD may amend the grant period and provide written notice to the sub-
grantee.
13. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal
funds other than this OJP award, and those award funds have been, are being, or are to be used, in whole or
part, for one or more of the identical cost Items for which funds are being provided under this OJP award, the
recipient will promptly notify, in writing, the CSPD ICAC Program Coordinator for this OJP award, and, if so
requested by the CSPD ICAC Program Coordinator, seek a budget modification or change-of-project-scope
notice to eliminate any inappropriate duplication of funding.
14. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving." 74 Fed.
Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce
policies banning employees from text messaging while driving any vehicle during the course of performing
work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and
other outreach to decrease crashes caused by distracted drivers.
15. Financial and Administrative Management:
a. The sub-grantee agency assures that fund accounting. auditing, monitoring, evaluation procedures and
such records as necessary will be maintained to assure adequate internal fiscal controls, proper
financial management, efficient disbursement of funds received, and maintenance of required source
documentation for all costs Incurred. These principles must be applied for all costs incurred whether
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charged on a direct or indirect basis. •
b. All expenditures must be supported by appropriate documentation. Only actual, approved, allowable
expenditures will be permitted.
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c. The sub-grantee agency assures that it will comply with the provisions in the current applicable Office
of Justice Programs (OJP) Financial Guide, which is hereby incorporated by reference. However, such a
guide cannot cover every foreseeable contingency, and the sub grantee agency is ultimately
responsible for compliance with applicable state and federal laws, rules and regulations.
d. The sub-grantee understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of the Colorado Springs
Police Department
e. The sub-grantee agency will retain all financial records, supporting document and other pertinent
records for this award for a least seven (7) years following the end of the nearest upcoming end of
state fiscal year, OR at least seven (7) years following the closure of its audit report covering the entire
award period, whichever Is later.
f. The sub-grantee agrees to comply with the approved Colorado ICAC Task Force Grant Guide.
g. The sub-grantee agrees to comply with the OJJDP approved ICAC Task Force Operational and
Investigative Standards.
h. The sub-grantee will accept any and all investigative leads occurring In Its Jurisdiction that are
received from the granting agency and/or the National Center for Missing and Exploited Children
(NCMEC), and will report the disposition of pursuant investigations to the granting agency.
i. The sub-grantee agrees to forward the ICAC Task Force Program Monthly Performance Measures by
the 10th of each month for the stats pertaining to the preceding month to the ICAC Program
Coordinator, Janet Van Kampen, via email at vankamja@cl.colospgs.co.us.
j . The sub-grantee agrees to report any other ICAC related reporting information as needed / requested
by the Colorado ICAC Task Force Commander, Administrator or Program Coordinator, as needed to
complete OJP /O)JDP requests and requirements.
k. The sub-grantee will attend meetings and trainings for the Colorado ICAC Task Force when agency
resources allow.
16. Payment and Reporting:
a. The CSPD will pay the sub-grantee agency the reasonable and allowable costs of performance, In
accordance with current Colorado State Fiscal rules, not to exceed the amount specified within the
Request for Expenditure submitted to the ICAC Task Force Commander for approval.
b. The CSPD may withhold payment in the event the sub-grantee agency falls to comply with conditions,
Including all financial reporting requirements and certifications contained in this award.
c. The sub-grantee agency assures that monthly invoice and cost-reporting submissions in support of
monthly award activity shall be submitted by the 20lh of each month. Submissions shall be current and
actual and shall include supporting documentation. The final request must be made by May 16th, 2014.
d. The sub-grantee will provide required data and programmatic report to CSPD within 10 days of a
deployment under the grant. If deployments occur near the end of a month, the information must be
provided to CSPD within 3 days of the end of the month to meet grant deadlines.
17. Procurement and Contracts:
a. The sub-grantee agency assures that open, competitive procurement procedures will be followed for
all purchases under the grant
b. The sub-grantee agency assures that no contract or agreement will be made for execution of project
activities or provisions of services (other than purchase of supplles or standard commercial or
maintenance services) that is not incorporated in the approved application or approved In advance by
the CSPD.
c. The sub-grantee agency assures that contractors/vendors who assist the sub grantee agency to
develop specifications, requirements statements of work and/or Request for Proposal for a proposed
procurement shall be excluded from bidding or submitting a proposal to compete for the award of such
procurement
d. The sub-grantee agency agrees they will not submit items for reimbursement to the CSPD that have
not been purchased in accord with the sub grantee's procurement policies, OMB circulars, the Colorado
Internet Crimes Against Children Task Force Administrative Gulde, and the Office of justice Programs
(OJP) Financial Guide. Submissions that do not meet these procurement requirements may not be
reimbursed by the CSPD or the funding agency at CSPD's discretion •
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18. Termination or Reduction In grant award:
a. The CSPD will monitor the performance of the sub-grantee agency against goals and performance •
standards as found in the request for expenditure. The CSPD will provide reasonable technical
assistance to the sub grantee agency in the performance standards and sub grant requirements. Any
determination of substandard performance on the part of the sub-grantee agency shall be within the
discretion of the CSPD, based upon the CSPD's review of the terms and conditions of the grant award,
the application and project summary, the grant terms and assurance, and the requirements of
applicable law. Substandard performance, as determined by the CSPD, shall constitute non-compliance,
which may result in termination for cause, or reduction of the grant award for cause.
b. The CSPD may terminate this contract In whole or In part for the CSPD's convenience or because of the
failure of the sub-grantee agency to fulfill the grant obligations.
19. Non-supplanting of funds:
a. The sub-grantee agency certifies that federal funds made available under this grant:
i. Will not be used to supplant state or local funds;
ii. Where there is a reduced or unchanged local Investment, then the sub-grantee agency shall
give a written explanation demonstrating the sub grantee-agency's reduced or unchanged
commitment would have been necessitated even if federal financial support under this federal
grant program had not been made available.
RETURN:
An original signed copy of the Statement of Grant Award (SOGA) shall be returned to:
Colorado Springs Police Department
Investigations Division
Attention: Janet Van Kampen
705 South Nevada Avenue, MC·1SOZ
Colorado Springs, CO 80903
After all signatures are obtained, a copy of the Statement of Grant Award (SOGA) and attached letter, will be
returned to the sub-grantee agency.
The parties hereto have executed this binding sub grant award
Persons signing for sub-grantee hereby swear and affirm that they are authorized to act on sub-grantee's behalf and
acknowledge that the Colorado Springs PoWce Department is relying on their representations to that effect.
COLOUDO SPRINCS POLICE DEPARTMENT APPROVAL SUB-CBUTEE ACCEnAllCE
Name and Title of Appr0vin1 Offlclal ~ ' -· --· Name and Titli of Authorized Sub.:Grantefi Offldak
Chief Peter Carey
Colorado Sorin2s Police Department
Slgnature and D~te of Aut _horlzed Offlclal .
: L ·~· ~·: ~~-~·· ·~.~.·~ ':· ~. ·.·. ·:· ;·
Randy P. Penn
Mayor
Signature and Date of Authorized Sub-Grantee · ·,
Rectptent offldal ' -. . . . -.
511r1atura Date Slinature · '· . -Date .
5
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COLORADO ICAC TASK FORCE
2013-2014
APPROVED BUDGE'r
ENGl,EWOOD PoUCI! DEPARIMl!NT
BUDGET LINE ITEMS*
1 POUCE ICAC OVERTIME
2 TRAVEL/TRAINING
AIRFARE/FEES
GROUND TRANSPORTATION
LODGING
PER DIEM
REGISTRATION FEES
3 COMPUTER EQUIPMENT
4 SOFTWARE/LICENSE/SUPPLY
TOTAL
*NOTES ON BUDGET LINE ITEMS:
•
3 COMPUTER EQUIPMENT· laptop w/Wlndows 7 (1@$700) to be used with Cellebrite software
4 SOFTWARE/LICENSE/SUPPLY· Cellebrite PC logical Software (1@$4,500)
Cellebrlte 1 yr SMS license (1@$1,000)
2/25/2014
$0
$0
$0
$0
$0
$0
$0
$700
$5,500
$6,200
•
ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 11
INTRODUCED BY COUNCIL
MEMBER OLSON
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
RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for 2004-2007 by
the passage of Ordinance No. 50, Series of2004; 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
9 bi
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 .
Read by title and passed on final reading on the 17th day of March, 2014 .
Published by title in the City's official newspaper as Ordinance No._, Series of 2014, on
the 21st day of March, 2014.
Published by title on the City 's official website beginning on the 19th 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 of2014.
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
theRTDAct.
B. Pursuant to the Colorado Constitution, Article XIV, 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 . RTD currently operates a variety of fixed-route bus, light rail, and other transit
services in and around the Local Entity.
D. 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:
ExhibitB:
Exhibit C:
Description of the Services
Description of the RTD Funding
Communication and Notices -Contacts
E
x
H
I
B
I
T
1
2.
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 TRANSPORTATION SERVICES
(ENGLEWOOD art SHUITLE)
Page2
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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 RTD-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 1RANSPORTATION SERVICES
(ENGLEWOOD art SHU1TLE)
Page 3
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 'IRANSPORTATION SERVICES
(ENGLEWOOD art SHUTILE)
Page4
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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 RTD 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. Assignment. 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 SHU1TLE)
Page6
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R.
(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 SHUTTLE)
Page?
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 TRANSPORTATION SERVICES
(ENGLEWOOD art SHUITLE)
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 SHUITLE)
Page9
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 1RANSPORTATION 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
FortheRTD:
Regional Transportation District
1600 Blake Street
Denver, Colorado 80202
Attn: Bruce Abel
303 .299.2839
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD art SHUITLE)
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 SHUTTLE)
Page 12
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO . 12
INTRODUCED BY COUNCIL
MEMBER OLSON
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
9 b ii
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.
Read by title and passed on final reading on the 17th day of March, 2014.
Published by title in the City's official newspaper as Ordinance No._, Series of 2014, on
the 21st day of March, 2014.
Published by title on the City's official website beginning on the 19th day of
March, 2014 for thirty (30) days .
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
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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
• 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.
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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,
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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 afjUiated with the COICAC Task
Force and I agree to the MOU terms.
SIGNATURE DATE
Randy P. Penn, Mayor
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 13
INTRODUCED BY COUNCIL
MEMBER McCASLIN
AN ORDINANCE APPROVING AN INTER GOVERNMENT AL 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 of2008; 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"
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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.
Read by title and passed on final reading on the 17th day of March, 2014.
Published by title in the City's official newspaper as Ordinance No._, Series of 2014, on
the 21st day of March, 2014.
Published by title on the City's official website beginning on the 19th 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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LICENSING AGREEMENT BY AND BETWEEN THE
DENVER REGIONAL COUNCIL OF GOVERNMENTS
1290 Broadway, Suite 700
Denver, Colorado 80203
(DRCOG)
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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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 DR COG 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) DRCOG 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 .
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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
ATIEST:
By: ~~~~~~~~~~~
Administrative Officer
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CITY OF ENGLEWOOD
"PARTNER"
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis
City Clerk
March_, 2014
Denver Regional Council of Governments
ATTN: Roberta Cole, Contracts Department
1290 Broadway, Suite 700
Denver, CO 80203.
Re: Intent to Participate in the 2014 Denver Regional Aerial Photography Project
Attention: Roberta Cole, Contracts Department
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 Penn, Mayor
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
March 17, 2014 9 c i Contract Extension for Transit Shuttle Services
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. 7 7, 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 subsequentl y extended this contract by Motion on February 22, 2011 , by
Motion on March 5, 2012, and by Motion on February 4, 2013.
RECOMMENDED ACTION
• Staff recommends Council approve, by Motion, an agreement between the City of Englewood and MV
Public Transportation, Inc. for 2014 management, operation, and maintenance of the art shuttle. The
contract amount is $268,729 .20
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BACKGROUND AND ANALYSIS
In 2009, after five years of art shuttle service, the Community Development Department reissued a Request
for Proposals (RFP) for management, operation, and maintenance of the shuttle. In 2010, the contract for art
shuttle management, operation, and maintenance was awarded to MV Transportation. This contract
included the option of four one-year extensions. This contract is the fourth and final extension and will
prov ide for all vehicles and operational components of the art Shuttle for calendar year 2014. Fuel will be
supplied by the City with reimbursement by RTD.
FINANCIAL IMPACT
This contract is for the operation of art Shuttle serv ices in the amount of $268,729.20. RTD will reimburse the
City the contract and fuel costs less the lost fare amount. The lost fair amount is equivalent to the fare
capture rate times the percentage of riders that would not have had a RTD pass or a transfer from another
RTD service, had the art operated as a fare service charging the standard RTD full fare. The calculated lost
fare amount for 2014 will be $59,838. This lost fare amount is included in the approved 2014 Community
Dev elopment 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
Contract
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Transit Shuttle Services Operations Contract
This Contract is made and entered into as of the __ day of , 2014, by
and between the City of Englewood, a Colorado Municipal Corporation (City), and MV Public
Transportation Inc., a California Corporation whose address is 5910 N Central Expressway,
Suite 1145, Dallas, TX 75206 (MV).
WHEREAS, The purpose of this contract is to implement various transportation services
and improvements to reduce dependency on the single occupant automobile, facilitate movement
of traffic to and within the commercial areas of the City of Englewood and to minimize traffic
congestion in the shuttle area.
WHEREAS, The City desires to engage MV to provide said Transit Shuttle Management,
Operations, and Maintenance services.
NOW, THEREFORE, in consideration of the mutual covenants and stipulations
hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. Purpose: The purpose of this Contract is to set forth all of the terms and conditions agreed
upon between the Parties by which MV shall provide to the City: transit management,
operations, and maintenance services, as provided herein. MV shall perform such services
as set forth in this contract using that degree of care, skill, and knowledge employed by
leading contractors in the field of transit management and operations in the United States.
2. Scope of Services: This Contract incorporates the requirements, conditions, obligations
and promises of the City's "Notice Inviting Proposals For A Circulator Shuttle In The
City Of Englewood, Colorado", dated September 18, 2009 and the "Proposal to
Provide Management, Operation and Maintenance Services for the art shuttle in the
City of Englewood, Colorado" by MV Public Transportation, Inc., dated October 12,
2009.
3. Independent Contractor: The City hereby contracts with MV to provide the shuttle
services described herein within the City of Englewood as an independent contractor and
not as an agent of the City.
4. Quality of Service: MV acknowledges that, through the provision of services, the City
desires to provide to their citizens a high quality of service in the operation and
maintenance of this shuttle system. MV agrees to supply the shuttle services described in
paragraph two, above, in a safe, efficient, and professional manner.
5. Compensation: Compensation for 2014 shall be an amount not to exceed $268,729 .20. In
subsequent years MV will be compensated according to the following rate schedule:
January 1, 2011 -December 31, 2011
January 1, 2012-December 31, 2012
January 1, 2013 -December 31, 2013
January 1, 2014-December 31, 2014
$42.49 per revenue service hour
$43.01 per revenue service hour
$43.32 per revenue service hour
$43.91 per revenue service hour
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Note 1: The rates above do not include costs for Professional Liability Insurance as the
parties have agreed to remove this requirement from this Contract.
Note 2: The rates above are based upon an estimated volume of 6,120 annual revenue
hours (12 revenue hours each bus using 2 buses per day for 255 days per year) unless
otherwise agreed upon.
Note 3: For purposes of this Contract, revenue service hours shall be calculated from
arrival at the first shuttle pick-up location to the departure from the last shuttle drop-off
location.
6. Term: This Contract shall be for a term of twelve months commencing upon January 1,
2014 and ending at midnight, December 31, 2014.
7. Applicable Law: The parties agree this Contract shall be governed by and construed in
accordance with the law of the State of Colorado. The venue for any litigation shall be
Arapahoe County, Colorado.
8. Termination: In addition to any other rights provided herein, the City shall have the right,
at any time and in its sole discretion, to terminate, not for cause, in whole or in part, this
Contract and further performance of the services by delivery to MV of written Notice of
Termination specifying the extent and effective date of termination.
9. Amendments: All changes to this Contract shall be in writing and executed by the
authorized officials of the Parties. In the event a change in this Contract is anticipated to
cause an increase or decrease in the annual revenue service hours or in the Operating
Expenses hereunder, the Contractor and the City agree to negotiate an increase or decrease
in the contracted amount of compensation. In the event any Federal, State, or local law,
rule, regulation or ordinance becomes operative during the term of this Contract that has
the effect of increasing MV' s operating costs, to include, but not limited to, laws, rule,
regulations, or ordinances pertaining to environmental protection or climate change, such
as carbon credits, or new taxes imposed based on energy consumption; changes in the
Americans With Disabilities Act; or government mandated increases to employee wages
and/or benefits, to include health care benefits, City and MV shall meet to discuss the
impact of these unanticipated additional costs and negotiate an equitable adjustment to
MV' s rates. In the event City and MV are unable to agree on the amount of the equitable
rate adjustment, MV may terminate this contract for convenience.
10. Assignment: MV shall not assign its performance of this contract without the prior written
consent of the City. Any attempt by the contractor to assign any performance of this
contract without such consent shall be null and void.
11. Subject to Annual Appropriation: Any provision of this agreement or its attachments
which impose upon the City, directly or indirectly, any financial obligation whatsoever to
be performed or which may be performed in any fiscal year subsequent to the year of
execution of this agreement is expressly made contingent upon and subject to funds for
such financial obligation be appropriated, budgeted and otherwise made available.
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12. Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Hiring of Illegal
Aliens:
(a) Employees, Consultants and Sub-consultants: Consultant shall not knowingly
employ or contract with an illegal alien to perform work under this Contract. Consultant
shall not contract with a sub-consultant that fails to certify to the Consultant that the sub-
consultant will not knowingly employ or contract with an illegal alien to perform work
under this Contract. [CRS 8-17.5-102(2)(a)(I) & Cm .]
(b) Verification: Consultant will participate in either the E-Verify program or the
Department program, as defined in C.R.S. 8-17.5-101 (3.3) and 8-17.5-101 (3.7),
respectively, in order to confirm the employment eligibility of all employees who are
newly hired for employment to perform work under this public contract for services.
Consultant is prohibited from using the E-Verify program or the Department program
procedures to undertake pre-employment screening of job applicants while this contract is
being performed.
(c) Duty to Terminate a Subcontract: If Consultant obtains actual knowledge that a
sub-consultant performing work under this Contract knowingly employs or contracts with
an illegal alien, the Consultant shall;
(1) notify the sub-consultant and the City within three days that the Consultant has
actual knowledge that the sub-consultant is employing or contracting with an illegal
alien; and
(2) terminate the subcontract with the sub-consultant if, within three days of receiving
notice required pursuant to this paragraph the sub-consultant does not stop employing
or contracting with the illegal alien; except that the Consultant shall not terminate the
contract with the sub-consultant if during such three days the sub-consultant provides
information to establish that the sub-consultant has not knowingly employed or
contracted with an illegal alien.
(d) Duty to Comply with State Investigation: Consultant shall comply with any
reasonable request of the Colorado Department of Labor and Employment made in the
course of an investigation by that the Department is undertaking pursuant to C.R.S . 8-17 .5-
102 (5)
(e) Damages for Breach of Contract: The City may terminate this contract for a
breach of contract, in whole or in part, due to Consultant's breach of any section of this
paragraph or provisions required pursuant to CRS 8-17 .5-102 . Consultant shall be liable
for actual and consequential damages to the City in addition to any other legal or equitable
remedy the City may be entitled to for a breach of this Contract under this Paragraph 12 .
13 . Drug and Alcohol Testing Program: The City 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
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records associated with the implementation of the drug and alcohol testing program as
required under 49 CPR 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 15 1h 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.
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IN WITNESS WHEREOF, the parties have duly executed this Agreement, effective the day
and date first above written .
MV PUBLIC TRANSPORTATION, INC
Brad Comelsen, CFO Daniel Lee, Director, Contracts
STATE OF IOWA )
) SS
COUNTY OF SHELBY )
The foregoing instrument was acknowledged before me this __ day of _____ , 2014,
By: ---'B=r=-=a=d'-'C=o=m=el=se=n""---as. ____ -=C.::..F-=O'--____ of MV Public Transportation, Inc.,
and
----=D~an=ie=-1 =Le=-e=-----as -~D=ir~ec-"-'t~or=·~C'"""o=n=tr-=ac-"-'t ___ s __ of MV Public Transportation, Inc .
My commission expires: ________ _
Notary Public
CITY OF ENGLEWOOD, COLORADO
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
Page 5 of 5
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
March 1 7, 2014 9 c ii Award of a Construction Contract for
Concrete Utility Program 2014
Initiated By: Staff Source:
Department of Public Works Dave Henderson, Deputy Public Works Director
Larry Nimmo, Field Operations Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• On May 5, 1997, City Council approved Ordinance No. 36, Series 1997, creating a Concrete
Utility and Concrete Utility Enterprise Fund {EMC Chapter 8, Title 12).
• On April 2, 2012, City Council approved a motion to award a construction contract for the
2012 Concrete Utility Program to NORAA Concrete Construction. The contract documents
included a provision to extend the contract for up to three years.
• On November 19, 2012, City Council approved Resolution No. 87, Series 2012, establishing
fees for the Concrete Utility.
• On April 1, 2013, City Council approved a motion to extend the NORAA Concrete
Construction contract for the 2013 Concrete Utility Program.
RECOMMENDED ACTION
Staff recommends that City Council approve, by motion, an extension of the 2012 construction
contract for Concrete Utility 2014 in the amount of $420,240.45 to NORAA Concrete Construction
Corp., and authorize the Director of Public Works to execute the contract.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Section 11-3B-1 of the Municipal Code specifies that it is the responsibility of every property owner to
maintain the concrete curbs, gutters, and sidewalks adjacent to their property. An option available to
property owners is to participate in the Concrete Utility. The Concrete Utility provides a funding
mechanism for concrete repair at a reasonable cost ($9 .99 per quarter for a typical residential property)
and a convenient way to pay {96% of the fees are collected through the water/sewer billing system).
The City contributes its share of the fees just like any private owner.
In 2012, the City advertised and received five bids for annual concrete replacement project. NORAA
Concrete Construction submitted the lowest responsive bid. The bid documents included a provision, at
our option, to extend the contract for up to three years. This proposed extension will be the second
year of that extension .
NORAA Concrete has submitted unit prices for 2014 (see attached letter). The overall proposed
increase is 8.9%. See the attached letter from NORAA regarding price increases in the local market. •
Staff finds the proposed cost increase to be fair and reasonable.
NORAA's performance on the 2012 and 2013 Concrete Projects was excellent. They completed the
work in an efficient manner and minimized impacts to our residents during construction . With Council
approval, the City will be able to take advantage of quality work and favorable prices .
Concrete Utility 2014 is scheduled for construction during the spring and summer of 2 014.
FINANCIAL IMPACT
Estimated Construction costs for the 2014 project are as follows :
Construction contract
Contingency for unidentified work
Total Estimated 2014 Construction Cost
$498,000 is budgeted for construction in the 2014 Concrete Utility.
LIST OF ATTACHMENTS
NORAA letter regarding 2014 pricing
Contract
$420,240.45
77,759 .55
$498,000.00
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NORAA
. CONCRETE
CGJSTRUCTIGJ CCW • -
39673E1601h Ave Keenesburg , CO 80643 office 303-637-9233 fax 303-637 -9470 noraabids@noraaconcrete.com
February 25 , 2014
Larry Nimmo
Field Operations Administrator
City of Englewood
1000 Englewood Pkwy
Englewood, CO 80110
RE: Extension of the 2012 Concrete Utility Contract
Dear Mr . Nimmo,
Attached is our 2014 pricing for the Extension of the 2012 Concrete Utility Contract. As you will see there have been price increases ;
below are the unit price increases for major contract items
• Concrete 12 .90%
nets an overall increase to the contract of 2.87%
• Asphalt 5.24%
(asphalt material increase of .7% and trucking increase of 12 .0%)
nets an overall increase to the contract of .03%
• Traffic Control Subcontractor 30 .0%
nets overall increase to contract of 1.58%
• Increases in Overhead
(unemployment insurance, workers comp insurance, 3.0%
fuel, toll fees , etc)
• Increases in miscellaneous materials
(disposal fees, aggregates, rebar, steel, form materials , etc .) 1.41%
Overall Increase to Contract 8.9%
The overall increase to the total contract is not mo re than 8.9% above 2013 contract unit pricing .
If you have questions or concerns , please feel free to contact us.
Sincerely ,
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CONTRACT
CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT and agreement, made and entered into this 17th day of March, 2014, by and
between the City of Englewood, a municipal corporation of the State of Colorado hereinafter
referred to as the "City", and Noraa Concrete Construction Corp,, whose address is 39673 E
160th Ave, Keenesburg, CO 80643, ("Contractor"), commencing on the 161h day of January, 2014
the City exercised its option to extend the original contract dated April 2nd, 2012 pursuant to
Special Condition 2.32 for furnishing all labor, tools, supplies, equipment, materials and everything
necessary ,and required for the following:
PROJECT: 2014 Concrete Utility Project
WHEREAS, the letter of extension of the 2012 contract has been received by the Director of
Public Works and forwarded to the Mayor and City Council with a recommendation that a contract
for said 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)
Special Provisions Insurance
Performance Payment Maintenance Bond
Section 1 -General Information
Section 2 -Special Provisions
Section 3 -General Conditions
Section 4 -Portland Cement Concrete
Section 5 -Placing and Finishing Concrete
Section 6 -Site Preparation
Section 7 -Base Course
Section 8 -City of Englewood Construction Details
B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies,
traffic control, 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 .
1000 Englewood Parkway, Englewood, Colorado 80110-2373 Ph (303)762-2412 Fax (303)783-6951
www .englewoodgov.org
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C . Terms of Performance: The Contractor agrees to undertake the performance of the •
work under this Contract within ten (10) days from being notified to commence work by
the Director of Public Works, no later than April 30, 2014, and agrees to fully complete
said work by September 1, 2013, plus such extension or extensions of time as may be
granted by the Director of Public Works in accordance with the provisions of the
Contract Documents and Specifications.
D. Indemnification: The city cannot and by this Agreement/Contract does not agree to
indemnify, hold harmless, exonerate or assume the defense of the Contractor or any
other person or entity, for any purpose. The Contractor shall defend, indemnify and save
harmless the City, its 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 Four Hundred
TwentyThousand Two Hundred Forty Dollars and Forty Five Cents
($420,240.45)
1000 Englewood Parkway, Englewood, Colorado 80110-2373 Ph (303)762-2412 Fax (303)783-6951
www.englewoodgov.org
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H. Appropriation of Funds: At present, $ 420,240.45 has been appropriated for the project.
Notwithstanding anything contained in this Agreement to the contrary, the parties
understand and acknowledge that each party is subject to Article X, § 20 of the
Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and
requirements of TABOR by the execution of this Agreement. It is understood and
agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or
obligation within the meaning of TABOR and, notwithstanding anything in this
Agreement/Contract to the contrary, all payment obligations of the City are expressly
dependent and conditioned upon the continuing availability of funds beyond the term of
the City's current fiscal period ending upon the next succeeding December 31 .
Financial obligations of the City payable after the 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. Liquidated Damages: The City and Contractor recognize that time is of the essence in
this Agreement because of the public interest in health and safety, and that the City will
suffer financial loss , and inconvenience, if the Work is not complete within the time
specified in the bid documents, plus any extensions thereof allowed in accordance with
the General Conditions . They also recognize the delays , expense and difficulties
involved in proving, in a legal proceeding , the actual loss suffered by the City if the Work
is not complete on time . Accordingly, instead of requiring any such proof, the City and
Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor
shall pay the City $250 for each day that expires after the time specified for substantial
completion until the Work is complete, and $250 for each day that expires after the time
specified for final completion until the Work is finally complete.
J . Assignment: Contractor shall not, at any time, assign any interest in this Agreement or
the other Contract Documents to any person or entity without the prior written consent of
the City specifically including, but without limitation, moneys that may become due and
moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law). Any attempted assignment
which is not in compliance with the terms hereof shall be null and void. Unless
specifically stated to the contrary in any written consent to an Assignment, no
Assignment will release or discharge the Assignor from any duty or responsibility under
the Contract Documents .
K. Contract Binding : It is agreed that this Contract shall be binding on and inure to the
benefit of the parties hereto, their heirs, executors, administrators, assigns, and
successors .
L. Contractor's Guarantee. In addition to the Contractor's Guarantee provided for in the
Section 3.51 of the General Contract Conditions, the Contractor shall further guarantee
that the work of the contract shall remain in good order and repair for a period of two (2)
years from all causes arising from defective workmanship and materials , and to make all
repairs arising from said causes during such period without further compensation, and
shall guarantee the concrete curbs, gutters and sidewalks against defective
workmanship and materials, and shall keep the same in good order and repair without
further compensation for a period of two (2) years from and after completion and
1000 Englewood Parkway, Englewood, Colorado 80110-2373 Ph (303)762-2412 Fax (303)783-6951
www.englewoodgov .org
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acceptance thereof by the City. The determination of the necessity for the repair or •
replacement of said paving, curbs , and sidewalks or any portion thereof, shall rest
entirely with the Director of Public Works, whose decision upon the matter shall be final
and obligatory upon the Contractor.
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.
1000 Englewood Parkway, Englewood, Colorado 80110-2373 Ph (303)762-2412 Fax (303)783-6951
www.englewoodgov.org
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IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year
first written above.
CITY OF ENGLEWOOD
By:------------Rick Kahin, Public Works Director
ATTEST:_~~~~~~~-:---:--:--
City Clerk -Loucrishia A. Ellis
Noraa Concrete Construction ~rp .
Contractor (print company name )
By: -f-~~S" ~-ai--~-)-~-, .... 'f:-J"-.--
(Print nam~ and fitr't)
Date: _ ..... 3 ...... -J1 ....... w_._/_~---
STATE OF~ora.do )
R ~ ) SS.
COUNTY OFOQ/Y\ c;, )
I 1~1( day of (fr~ , tpli, before me personally appeared_
-rtWll="--\..,...~---1r--~-:--' kQOWn to me to be the ~ c-]w> of
4-ll-Ul.-'~....t.,..lt.Qlo;...__...u...~~~UEll...!RL..L-~-iF------' the corporation that executed thewithin
and foregoing instrument, and acknowled ed 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.
~~~~
~ NO TARY PlffiL.IC •: I ,~"f.~i E or cp:~oR A_po
t:l ~(.HA R Y ID 2v~'4Q .4.:,3ff
· ~~'If COt.w.ftSSl<Ji'l W'.'~ D(('.fW~ 4. :!018
li!w1$no.r-
NOTARY
1000 Englewood Parkway, Englewood, Colorado 80110-2373 Ph (303)762-2412 Fax (303)783-6951
www.englewoodgov .org
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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 Cherry 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 themselv es , 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 v s . 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 hav e 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; and
WHEREAS, on second reading City Council modified the ordinance to remove the restriction
of office use bringing R-1-A into alignment with all other zoning districts and further allowed
storage in accessory structures, allowed an employee that is not a resident of the principal
dwelling, and modified customer visits and deliveries.
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 SHstofflarily ffieideatal 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-
~ 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) aoffl:e eeet!f)atioa shall ee peraitt:ted per
dwellffig l:H'l:i:t. Home occupations may be permitted accessory to principal
residential uses located in nonresidential districts (e .g ., in a manufactured home
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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~ comply±es with all requirements of residential district home
occupations herein.
i. Additional Restrictions in the R-1-A District:
W Within the R-1-A District. the following additional restrictions shall
apply to Home Occupations.
ill Commercial delivery services shall only be allowed between the
hours of7:00 a.m. and 9:00 p.m.
Lill Only one (1) customer shall be allowed to visit at a time.
(iii) No exterior si@age 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. A
detached accessory structure may be used for incidental storage.
e,. Regiswatien. All home oe~atioH:s 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 more than one assistants or employees that are i§ not~ residents of the
principal dwelling unit shall ee work ell'lflloyed in at the home 066l:lflatiofl:
residence/dwelling unit.
(2) The hours and manner of such uses and the H:eise-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 .
3
(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. inventorv and suwlies.
( 4) The home occupation, including storage of materials, equipment,
inventory, and/or supplies, shall not utilize more than three l:i-l:mdred (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 use of electric motors shall ae limited ffi power, with a total linlitation
of one and one half (1 ?4) hors0f>ower, and no single unit 0 11er three fo'l:Hths
0') horsepower. 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 Uses. 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.
~ Manufacture of wine. distilled spirits. or malt beverages .
il2J 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 ( 1 O') 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
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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. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances .
Section 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 and was continued until February
18th, 2014.
The continued Public Hearing was held on the 18th day of February, 2014.
Read by title, amended and passed as amended on the 3rd day of March, 2014.
Published by Title as an amended Bill for an Ordinance in the City's official newspaper on
the 7th day of March, 2014 .
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• Published as an amended Bill for an Ordinance on the City's official website beginning on the 5th
day of March, 2014 for thirty (30) days.
Read by title as amended and passed as amended on final reading on the 17th day of March,
2014.
Published by title as amended in the City's official newspaper as Ordinance No._, Series of
2014, on the 21st day of March, 2014.
Published by title as amended on the City's official website beginning on the 19th day of
March, 2014 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
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
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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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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 14
INTRODUCED BY COUNCIL
MEMBER WILSON
AN EMERGENCY ORDINANCE CREATING A MORATORIUM ON THE
ESTABLISHMENT OF ANY NEW MEDICAL MARIJUANA BUSINESS WHICH '5 ~us I
MANUFACTURES OR CULTIVATES MEDICAL MARIJUANA.
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 MARIJUANA 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 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 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 moratorium declares a six month moratorium on any future Medical
Marijuana Optional Premises Cultivation License applications.
Section 4 . During said moratorium 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 moratorium 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.
Read by title and passed on final reading as an Emergency Ordinance on the 17th day of
March, 2014 .
Published by title as an Emergency Ordinance in the City's official newspaper as Ordinance
No ._, Series of 2014, on the 21st day of March, 2014 .
Published by title as an Emergency Ordinance on the City's official website beginning on the 19th
day of March, 2014 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
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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 Emergency Ordinance passed on final reading and
published by title as Ordinance No._, Series of 2014.
Loucrishia A. Ellis