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Home My WebLink About2014-04-21 (Regular) Meeting Agenda PacketAgenda for the Regular Meeting of the Englewood City Council Monday, April21, 2014 7:30 pm Englewood Civic Center - Council Chambers 1000 Englewood Parkway Englewood, CO 801 10 Callto Order. lnvocation. Pledge of Allegiance. a. The flags will be presented by members of Cub Scout Pack 79 and Boy Scout Troop 14 Roll Call. Consideration of Minutes of Previous Session. a. Minutes from the Regular City Council Meeting of April 7,2014. Recognition of Scheduled Public Comment. (This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes.) a. Students from the University of Colorado will perform "Public Notices" in conjunction with their ongoing collaboration with the M12 Collective and the Museum of Outdoor Arts exploring alternative educational practices and citizenship. Recognition of Unscheduled Public Comment. (This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion.) Council Response to Public Comment. Communications, Proclamations, and Appointments. Please note: l,f you have a disability and need auxiliary aids or services, please notifo the City of Englewood 1303-762-2405) at least 48 hours in advance ofwhen services are needed. v 1. 6. 7. B. Englewood City Council Agenda April21,20'14 Page 2 9. Consent Agenda ltems a. Approval of Ordinances on First Reading. i. Council Bill No. 23 - Recommendation from the Police Department to adopt a Bill for an Ordinance authorizing an IntergovernmentalAgreement to allow the City of Englewood's participation in the Colorado lnformation Sharing Consortium (CISC). Staff Source feff Sanchez, Deputy Police Chief. ii. Council Bill No. 25 - Recommendation from the Fire Department to approve a billfor an ordinance authorizing an Intergovernmental Agreement with Colorado Department of Public Safety Division of Fire Prevention and Control regarding joint staffing and operation of a state Wildland Fire Engine. Staff Source: Andrcw Marsh, Fire Chief and Richard Petau, Deputy Fire Chief. b. Approval of Ordinances on Second Reading. i. Council Bill No. 2O, authorizing Englewood's continued participation in the South Platte Water Related Activities Program. ii. Council Bill No. 21, authorizing a farm lease agreement for farm management services of the Wastewater Treatment Plant's beneficial use farm near Byers and Bennet! Colorado. c. Resolutions and Motions. i. Recommendation from the Finance and Administrative Services Department to approve a resolution authorizing a supplemental appropriation to the 2014 Budget for distribution of the South Broadway Englewood Business lmprovement District funds and funding for additional security for the Library. Staff Source: Frank Gryglewicz, Director of Finance and Administrative Services. ii. Recommendation from the Public Works Department to approve, by motion, a construction contract for partial deck repairs to the West Dartmouth Bridge. Staff further recommends awarding the contract to the lowest acceptable bidder, KECI Colorado, lnc. in the total estimated amount of $ 1 22,000. Staff Source: Dave Hendercon, Deputy Public Works Director. 10. Public Hearing ltems. a. A public hearing to gather input on Council Bill No. 22, amending sections of Title 16 of the Englewood Municipal Code pertaining to non-conforming structures. 1 1. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading. b. Approval of Ordinances on Second Reading. Please note: lf you have a disability and need auxiliary aids or services, please notifu the Gty of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Englewood City Council Agenda April 21 ,2O'14 Page 3 12. Resolutions and Motions. i. Recommendation from the community Development Department approving a resolution waiving the building permit fees, the plan review fees, the single family drainage inspection fees, the minor subdivision fee and the fee in lieu of park land dedication associated with the development 21 53-55 W. Baltic Place into two paired single family homes. Staff Source: Harold Stitg Senior Planner and fanet Grimmett Housing Finance Specialist ii. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee and Information Technology Department to approve, by motion, an lnformation Technology Network Infrastructure upgrade for network switches at the Littleton/Englewood WWTP. Staff further recommends awarding the contract to 24/7 Networks, taking advantage of State of Colorado contract pricing in the amount of $74,843.60. Staff Source: Cindy Goodburn, t/E WWTP Business Seruices Manager and feff Konishi, Director of Information Technology. Ceneral Discussion. a. Mayor's Choice. b. CouncilMembers'Choice. i. Registration for Colorado Municipal League Conference in Breckenridge, CO from June 17-20,2014. City Manager's Report. City Aftorney's Report. a. A motion to approve the Settlement Agreement with the City of Denver and Crand County. Adjournment. Please note: lf you have a disability and need auxiliary aids or services, please notifo the City of Englewood {303-762-2405) at least 48 hours in advance of when seruices are needed. 13. 14. 15. PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT April 21, 2014 PLEASE LIMIT YOUR PRESENTATION TO THREE MINUTES PLEASE PRINT ADDRESS COUNCIT COMMUNICATION Date: April21,2O14 Agenda ltem: 9ai Subjecl: lntergovernmental Agreement - Colorado I nformation Sharing Consortium (CISC) Initiated By: Police Department Staff Source: Deputy Chief Jeff Sanchez COUNCIT GOAI 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 an lntergovernmental Agreement to allow our participation in the Colorado Information Sharing Consortium (CISC). BACKGROUND, ANALYS|S, AND ALTERNATTVES tDENT|FIED The Colorado lnformation Sharing Consortium (CISC) was created in 2OO7 to further the sharing of information between and among law enforcement agencies within the State of Colorado through the use of "Coplink." Coplink is a software product that connects disparate police records management systems and other data systems and allows police officers to conduct ad hoc inquiries to match evidence, explore tips and hunches, generate leads and solve crime. The original CISC was formed via a memorandum of understanding (MOU) between the participating agencies. The current CISC, because it is based on a mere MOU, has no legal status or authority. The purpose in creating a governmental authority under Colorado Revised Statutes is to allow the CISC to legally enter into contracts to purchase updated products for a statewide entity, to pursue grant opportunities to fund new and improved technologies and systems, and to provide governmental immunity. FINANCIAT IMPACT Our portion of the Coplink Data Source Maintenance Service Agreement (with IBM) is $7,800. This is a budgeted item and is paid for out of the Police Department budget. TIST OF ATTACHMENTS Bill for an Ordinance BY AI.IIHORITY ORDTNAI{CE NO. _ COUNCIL BILL NO. 23 SERIES OF 201,4 INTRODUCED BY COUNCIL MEMBER A BILL FOR ANI ORDINANICE AUTHORZING AN INTERGOVERNMENTAL AGREEMENT OF TIIE coLoRADO TNFORMATION STTARTNG CONSORTIUM (CrSC). WHEREAS, the Colorado Information Sharing Consortir:rn (CISC) was established n2007 to further the sharing of information between and among law enforcement agencies within the State of Colorado through the use of "COPLINK"; and WHEREAS, COPLINK is a software product that connects disparate police records managerrent systems and other data systems; and WHEREAS, allowing police officers to conduct ad hoc inquiries to match evidence, explore tips and hr:nches, generate leads and solve crime; and WHEREAS, in2007 the original CISC was fonned via a memorandum of understanding between the participating agencies which created no legal status or authority for the original CISC; and WHEREAS, the purpose in creating a govemmeNfal authority under Colorado Revised Statutes is to allow the CISC to legally enter into contracts to ptrchase updated products for a statewide mtity, to pursue grant opportunities to fund new and improved technologies and systems, and to provide governmental immunity; and WHEREAS, the passage of this Ordinance authorizes the City of Englewood to participate in the Colorado Information Sharing Consortium (CISC); and WHEREAS, financial obligations and governance of the CISC are contained within the intergovemmental agreement; and WHEREAS, no federal funding will be used by the City in the execution of this agreement. NOW, TIIEREFORE, BE IT ORDAINED BY TIIE CITY COLINCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the Intergovemmental Agreeurent for the City of Englewood to participate in the Colorado Infonnation Sharing Consortium (CISC), attached hereto as "Exhibit A". Section 2. The Englewood City Council hereby authorizes the Mayor to sign the agreement for and on behalf of the City of Englewood, attached as Exhibit A. Introduce4 read in fulI, and passed on fust reading on the 2ls day of April, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 25th day of Aprrl,2014. Published as a Bill for an Ordinance on the City's official website beginning on the 23rd day of April, 2014 for thirty (30) days. RandyP. Pe,nn, 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 frst reading on the 21st day of April, 2014. Loucrishia A. Ellis / Ex H I E I T A INTnRcoVERI\MENTAL ACnnnMENT OF THE C or.,on^q,no INToRMATToN Sn^Ann.tc C oNSoRTruM TagLE or CoNTEtlrs Rrcrmm Dnnmrroxs 01. Definitions ..............2 Cnglrrox oF TIrE Cor,onloo lxronm,lrrox Srtl.nnvc Coxsonrruvt 02. Creation of the CISC .................2 03. Principal Place of Business .......2 04. CISC Purpose ....'.... 3 Dlr.l Snnnnlc AcREEr,fr lvr 05. Data Sharing ...........3 06. Data Use ................' 3 07. Personnel Authorized to Access Data ....'..... 3 08. Data Securitv ..........3 09. Data Custody and Control ......... 3 10. Data Accuracy ........ 3 11. Intelligence Information ............ 3 Pownns oF TrrE Cor,oruoo INronuLrroN Sru,nrNc CoNsonrrrnn 12. Powers ofthe CISC ................... 4 13. Restrictions on Powers of the CISC .............4 Bomo or Dmncrons 14. Board of Directors ........'............ 5 15. Number of Directors. Term. and Term Limits .'.........'... 5 16. Eligibility. Appointment. Removal. and Vacancies ........5 17. 'Compensation .......'. 5 18. Action of the Board at a Meeting ................. 5 19. Committees .............6 20. Alternates and Absentee Voting ..................6 21. Representative's Right to Attend Meetings .................... 6 M.clA,cnMENT oF rm CISC 22. CISC Manager ........6 23. Additional Assistance from Assigned Employees ..........7 FrN.c.NcIAL 24. Deposits and Expenditures ........ 8 25. Fiscal Agent ............ 8 26. Fiscal Year .............. 8 27. No Multiple Year Fiscal Obligations ........... 8 Rrcrrrs oF PARTIES 28. No Dutv to Pay Membership. Annual. or Other Fees ..'.................... 8 D Voluntar.v Assumption of Debts .................. 8 30. Financial Responsibility ............ 8 Intergovernmental Agreement of the Colorado Informdion Sharing Consortium u 31. Examination of Records ............ 8 32. Addition ofNew Parties ............ 9 33. Right to Terminate Participation .................. 9 Gnxnrul, PRovrsroNs 34. Amendments ...........9 35. Construction and Interpretation ................... 9 36. Duplicate CounterBarts ..............9 37. Entire Agreement .................... 10 38. Goveming Law ..... 10 39. Indemnification ..... 10 40. Mediation.. ............ 10 41. No Third-Party Beneficiaries ..................... 10 42. Severability ........... 10 43. Term......... ............ l0 44. Termination............... ............. 10 Intergovemmental Agreement of the Co.l.ydo Informdion Sharing Consortium Iu INTnncoVERNMENTN, ACNNEMENT OF THN Cor,onloo lxronul,TloN Sn mrNc Coxsonrrunn THIS INTERGOVERNMENTAL AGREEMENT (the "Agreementoo) is effective as of the l'-----l day of t-7, 2014 (the "Effective Date," as further defined below) by and between the Adams County Sheriffs Office, the Arapahoe County Sheriffs Offrce, the City of Aurora, the Colorado Department of Public Safetyof the Stateof Colorado, the City of Colorado Springs, the City of Commerce City, the City and County of Denver, the Douglas County Sheriff s Office, the City of Grand Junction, the Board of County Commissioners of the County of Jefferson, the Board of County Commissioners of the County of Mesa, and all other entities or agencies that sign this Agreement consistent with the requirements here in (indiv idually a "P artt'' and co I lectively the'?arties"). Rncrrnr,s WrmREAS, the Parties are each authorized to lawfully provide, establish, maintain, and operate law enforcement services; WrmnERS, Part2 of Article l, Title 29 of the Colorado Revised Statutes (the "C.R.S.") €ncourages and authorizes intergovernmental agreements for the joint and cooperative provision ofpublic services; WrreREes, C.R.S. 5 29-I-203 authorizes govemments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each and to establish a separate legal entity to do so; WIDRTAS, 2l U.S.C. $ 873 and regulations promulgated thereunder authorize certain agencies within the Federal government to cooperate with local, state, tribal, and Federal agencies for the purpose of exchanging certain information; WtnReas, the Parties, along with other Colorado law enforcement entities, have previously entered into a nonbinding and voluntary memorandum of understanding (the "MOU") to jointly develop the statewide Colorado Information Sharing Consortium (the "CISC") with the purpose and intent of sharing law enforcement information, primarily ttrough a software product known as COPLINK; WtnRtl.S, the Parties, along with the other signatories of the MOU, have determined that it is in the public's best interest to formalize the CISC into a legal entity in order to permit the CISC to enter into contracts and utilize economies of scale for the purchase of future services, products, and maintenance and to enter into information sharing agteements with jurisdictions outside the State of Colorado; WIDREAS, the Parties and other signatories of the MOU have agreed to organhe and operate a separate legal entity pursuant to C.R.S. $ 29-l-203(4), which shall be known as the Colorado Information Sharine Consortium: and Intergovernmental Agreement of the Colorado Information Sharing Consortium Page l of 16 WHEREAS, the Parties intend for other entities or agencies to join as Parties to this Agreement by signing a separate signature page to this Agreement consistent with the requirements herein. NOW, TI{EREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree as follows: DBrrxrrroxs 1. Definitions. In addition to the above defined terms, the following terms shall have the meaning ascribed to them. a. "Assigned Employee" shall mean a Party's employee assigned to work full- or part-time on behalf of the CISC. b. "Board" shall mean the Board of Directors of the CISC. c. "Datd' shall mean facts, detailed information, police report narratives, supplemental report narratives, other text-related information as determined and released by each Party's intemal information sharing policy, and other materials provided by a Party to the CISC. "Data" shall not mean Intelligence Information (defuled below). d. "Director" shall mean a director on the Board of the CISC. e. "Effective Date" shall be the date written in the preamble, which shall be the date on which the sixth Party signed this Agreement. f. "Intelligence Information" shall mean evaluated data relevant to the identification of criminal activity engaged in by an individual or organization reasonably suspected of involvement in criminal activity that meets criminal intelligence system submission criteria as set forth in Part 23 of Title 28 of the Code of Federal Regulations. Intelligence Information is a criminal justice record pursuant to C.R.S. 5 24-72-302(4). g. "Manager" shall mean a person who is assigned to manage the day-to-day operations of the CISC. h. "Representative" shall mean the chief law enforcement officer of each Party or the person designated by the chief law enforcement offrcer of each Party. Cnn.c.Tlox oF TIIE Cor,onaoo INronnnuoN STTARTNG CoNSoRTItM 2. Creation of the CISC. Pursuant to C.R.S. $ 29-1-203(4), the Parties hereby create a separate legal entity known as the Colorado Information Sharing Consortiunr, or CISC, which shall have the powers, authorities, duties, privileges, immunities, rights, and responsibilities as set forth herein. 3. Principal Place of Business. The principal place of business of the CISC shall be 15001 East Alameda Parkway, Aurora, CO 80012, unless and until otherwise established from time to time bv the Board. Intergovernmental Agreement of the Colorado Informdion Sharing Consortiurn Page 2 of 16 4. CISC Purpose. The purpose of the CISC is to facilitate the sharing of Data and Intelligence Information between the Parties and non-Party governmental entities and agencies authorized by the Board. D.lrA. Sn l,ruxc Acnmwxr 5. Data Sharing. Each Party shall share Data with the Parties and with non-Party governmental entities or agencies authorized by the Board. 6. Data Use. Shared Data shall only be used for law enforcement purposes consistent with the welfare and protection of the general public. 7. Personnel Authorized to Access Data. Only the Parties' employees and employees of non-Party govemmental entities or agencies authorized by the Board shall be allowed to access the Data. All persons with access to the Data must first pass an adequate background screen. The Board shall determine what constitutes an adequate background screen for the purpose of access to Data. 8. Data Security. The Parties and any non-Party governmental entities or agencies authorized by the Board shall maintain, enforce, and follow security requirements for the Data as specified by the Board, including requirements on network configuration and network access. 9. Data Custody and Control. Each Party shall retain custody and control and shall remain the offrcial custodian of any Data shared by that Party. The CISC shall not have custody and control and shall not be the official custodian of any Data. The CISC shall not release any Data pursuant to a request under Partz or Part3 of ArticleTZ, Title 24, C.R.S. or ptrsuant to a subpoena unless specifically ordered to do so by a court of competent jurisdiction. 10. Data Accuracy. The Parties understand that the Data shared by the Parties may not be accurate. The Board may set standards and requirements for Parties to correct inaccurate Data. 11. Intelligencelnformation. a. No Obligation to Share. No Party shall be required to share Intelligence Information and may deny a request to share Intelligence Information for any reason. b. Standard for Sharing. When Intelligence Information is disseminated through the CISC, it shall be disseminated consistent with Part23 of Title 28 of the Code of Federal Regulations. c. Policies and Procedures. The Board may set policies and procedures regarding Intelligence Information use, receipt, maintenance, security, and dissemination not inconsistent with Part 23 of Title 28 ofthe Code of Federal Regulations. d. Intelligence Information Custody and Control. All Intelligence Information shall remain the sole proprietary information of the Party contributing that Intelligence Information. Each Party shall retain custody and control and shall remain the offrcial custodian of any Intelligence Information shared by that Party. The CISC shall not have custody and control and shall not be the official custodian of any Intelligence Information. The CISC shall not release any Intelligence Information pursuant to a Intergovernmental Agreement of the Colorado Informdion Sharing Consortium Page 3 of 16 request under Part2 or Part3 of ArticleT2,Title 24, C.RS. or pursuant to a subpoena unless specifically ordered to do so by a court of competent jurisdiction. PowuRs oF TrrE Cor.onc.no InronulrroN STTARTNG CoNsoRTrrrM 12. Powers of the CISC. In order to enable the CISC to carry out its functions and provide the services described herein, the CISC shall have the power: a. Acquire Properry. To acquire, hold, lease (as lessor or lessee), sell, or otherwise dispose of any legal or equitable interest in real or personal property; b. Add Parties. To approve other governmental entities or agencies authorized to lawfully provide, establish, maintairu or operate law enforcement services to join the CISC on the conditions determined by the Board; c. Adopt Rules and Regulations. To adopt rules and regulations regarding the exercise of its powers and the carrying out of its purposes; d. Apply for Grants. To apply for and receive grants in its own name; e. Conduct Business. To conduct its business and affairs for the benefit of the Parties and their residents; f. Contract. To enter into, make, and perform contracts of every kind; g. Engage Agents. To engage, employ, or appoint agents, including but not limited to accountants, architects, attorneys, consultants, employees, engineers, and managers and to pay the direct and indirect reasonable costs ofsuch agents for services rendered to the CISC; h. Fees and Charges. To assess, fix, maintairl and revise fees and charges for functions, services, or facilities provided by the CISC or to cover the cost of operating and managing the CISC; however, pursuant to paragraph 28, neither the CISC nor any Party shall have the power to compel a Party to pay any fees, rates, or charges; i. Incur Debt. To incur debts and obligations, deliver bonds or notes for monies borrowed or other obligations of the CISC, and to secure the payment of such bonds or obligations, except that no party shall be liable for any debts or obligations of the CISC; j. Legal Process. To litigate, arbitrate, or mediate in its own name; lc Receive Contributions. To receive contributions of gifts, grants, or services; and l. Terminate a Party's Participation in this Agreement. To terminate or limit a Party's participation in this Agreement. 13. Restrictions on Powers of the CISC. The CISC shall not have the power: z. Eminent Domain. To take property by eminent domain; Intergovernmental Agreement of the Colorado Informdion Sharing Consortiurn Page 4 of 16 b. Obligate Payment. To obligate a Party to pay any money to the CISC or to another Party, except that the CISC may enter into contracts with Parties for the payment of money; or c. Tax. To impose taxes. BOmn oF,DIRECTORS 14. Board of Directors. The governing body of the CISC shall be the Board, in which all administrative and legislative power of the CISC is vested. The purpose of the Board is to set policy for the CISC and decide important issues of the CISC. 15. Number of Directors. Term. and Term Limits. There shall be eleven (11) Directors on the Board. Six (6) Directors shall have terms that expire on March 31 of every even numbered year. Five (5) Directors shall have terms that expire on March 31 of every odd numbered year. There shall be no limit to the number of terms an individual may serve as a Director. 16. Eligibilit)r. Appointment. Removal. and Vacancies. Each Director must be an employee of a Party. If a Director is no longer employed by a Party, the Director shall no longer be a Director. A Director may resign at any time and for any reason by giving two weeks prior written notice to the Board. A vacant Director position shall be filled by majority vote of the Representatives as soon as practicable. a. Initial Appointment. The initial Directors shall be appointed by the Representatives of the eleven named Parties listed in the preamble of this Agreement. The Representatives of the first six (6) named Parties that agree to and sign this Agreement shall each appoint one Director, whose terms shall expire on March 31,2016. The Representatives of the next five (5) named Parties that agree to and sign this Agreement shall each appoint one Director, whose terms shall expire on March 31,2015. b. Subsequent Appointment. After the initial Directors' terms expire, all subsequent Directors shall be appointed by a majority vote of the Representatives. 17. Compensation. A Director shall not receive compensation for the Director's service to the CISC. The Board may provide for reimbursement to a Director, Representative, or other person for actual and reasonable expenses incurred while performing duties for the CISC. At no time shall a Director or a Representative be considered an employee ofthe CISC. 18. Action by the Board at a Meetin& Meetings of the Board may be held at any place that a majority of the Directors on the Board may determine. Directors may attend the meeting in person or by conference telephone or similar communications equipment, and such participation at a meeting shall constitute attendance. The following rules shall apply. a. Ouorum. The attendance of at least a majority of the Directors of the Board shall constitute a quonrm for the fiansaction of business. b. Voting. The affirmative vote of a majority of the Directors on the Board that are present at any meeting at which there is a quorum shall be an act of the Board, unless a supermajority is specified herein or by rules adopted by the Board. Intergovernmental Agreement of the Colorado Informdion Sharing Consortium Page 5 of 16 Minutes. Minutes of each meeting and a record of each decision shall be kept by the Board. 19. Committees. The Board may designate one or more commiffees that shall serve at the pleasure of the Board. Any committees shall have the powers and responsibilities granted by the Board to that committee. 20. Alternates and Absentee Voting. A Director may appoint an alternate who will have the same voting rights as the Director when participating in Board meetings in the absence of the Director. Alternates must be employed by a Party. Absentee voting, where a Director votes without attending a meeting (whether in person or by other communications equipment) or without appointing an altemate, is not allowed. 21. Representative's Right to Attend Meetings. Each Representative, or an alternate, shall have the right to attend, whether in person or by conference telephone or similar communications equipment, any meeting of the Board and to voice opinions on any matter conceming the CISC. M,rx,lcnunNT oF Tm CISC 22. CISC Manager. L. Appointment. Upon request from the Board, the Representatives shall jointly nominate one or more persons to be the Manager and submit those persons' names to the Board. Based on those nominations, the Board shall select one or more persons to be the Manager. The appointment of a Manager shall be contingent upon the approval of the Representative of the Party employing the Manager. b. CISC Manager. The Manager shall manage the day-to-day operations of the CISC and undertake and execute the Board's instructions and directions. The Manager shall have the administrative authority necessary to perform the tasks and responsibilities assigned pursuant to this Agreement. The Board may grant to the Manager any additional administrative authority as the Board deems necessary. The Manager shall attend all meetings ofthe Board and follow the Board's instructions and directions. c. Eligibility and Employment. The person(s) serving as the Manager must be an employee of a Party at all times during that person's tenure as the Manager. The Manager shall not be considered an employee of the CISC. The Board may hire an employee of the CISC under terms written and negotiated by the Board to perform the duties of the Manager under the supervision and direction of the Board. d. Term. The Manager's term is expected to last for two (2) years, but the actual length (whether longer or shorter) shall be determined by agreement between the Board and the Representative of the Party employing the Manager. Whether the Manager works full- or part-time on CISC matters shall be determined by agreement between the Board and the Representative of the Party employing the Manager. The Board may remove the Manager at any time and for any reason. The Representative of the Party employing the Manager may recall the Manager at any time and for any reason by giving sixty (60) days prior written notice to the Board, unless the Representative and the Board agree to other notifi cation requirements. Intergovernmental Agreement of the Colorado Informdion Sharing Consortiurn Page 6 of 16 23. Compensation. The Party employing the Manager shall bear the full cost of the Manager. The CISC shall not be obligated to reimburse the Party employing the Manager for the cost of the Manager. However, the Board may assess an annual fee on the Parties to reimburse the Pany employing the Manager (or the CISC, if the CISC hires an employee to perform the duties of the Manager) for all or part of the costs associated with employing the Manager. As is stated in paragraph 28 of this Agreement, and consistent with that paragraph, no Party is obligated to pay any annual fees but may be denied access to the CISC or face other non-monetary penalties. Additional Assistance fr o m Assi gned EmB loyees. a. Appointment. The Board may seek an Assigned Employee fromthe Parties. Upon request from the Board, any Representative may volunteer one or more Assigned Employees to work full- or part-time on behalf of the CISC. The Board may accept or decline the person volunteered to become an Assigned Employee. b. Assigned Employees. Each Assigned Employee shall work under the supervision and direction of the Manager. Each Assigned Employee shall have the administrative authority necessary to undertake and execute the tasks and responsibilities assigned by the Manager and the Board. The Board may grant to any Assigned Employee any additional administrative authority as the Board deems necessary. An Assigned Employee shall attend meetings of the Board if and when the Board or the Manager requests that Assigned Employee's presence. c. Eligibility and Employment. Any person serving as an Assigned Employee must be an employee of a Party at all times during that person's tenure as an Assigned Employee. The Assigned Employee shall not be considered an employee of the CISC. The Board may hire one or more full- or part-time employees of the CISC under terms written and negotiated by the Board to work under the supervision and direction of the Manager and the Board. d. Term. The Assigned Employee's term shall be determined by agreement between the Board and the Representative of the Party employing the Assigned Employee. Whether the Assigned Employee works full- or part-time on CISC matters shall be determined by agreement between the Board and the Representative of the Party employing the Assigned Employee. The Board may remove the Assigned Employee at any time and for any reason. The Representative of the Party employing the Assigned Employee may recall the Assigned Employee at any time and for any reason by giving thirty (30) days prior written notice to the Board, unless the Representative and the Board agree to other notification requirements. e. Compensation. The Party employing an Assigned Employee shall bear the full cost of that Assigned Employee. The CISC shall not be obligated to reimburse the Party employing the Assigned Employee for the cost of the Assigned Employee. However, the Board may assess an annual fee on the Panies to reimburse the Party employing the Assigned Employee (or the CISC, if the CISC employs an employee to perform the duties of the Assigned Employee) for all or part of the costs associated with employing the Assigned Employee. As is stated in paragraph 28 of this Agreement, and consistent Intergovernmental Agreement of the Colorado Informdion Sharing Consortium Page 7 of 16 with that paragraph, no Party is obligated to pay any annual fees but may be denied access to the CISC or face other non-monetary penalties. FrN.c,NcIAr, 24. Deposits and Expenditures. All funds of the CISC shall be deposited to the credit of the CISC in an interest bearing account. No payments or withdrawals of such funds in an amount over five hundred dollars ($500) shall be allowed without prior approval of the Board and the written authorization of two (2) Directors. Payments or withdrawals of such funds in amounts up to and including five hundred dollars ($500) may be authorized by the Manager. 25. Fiscal Agent. The Board may request that a Party or other entity be the fiscal agent for the CISC. 26. Fiscal Year. The fiscal year of the CISC shall be January I through December 3l of each yeaf. 27. No Muhiple Year Fiscal Obligations. The Parties do not intend to create a multiple year fiscal obligation for any Party by virtue of this Agreement. The Parties acknowledge that any future monetary obligations of any Party are subject to sufficient appropriations by each Party and such appropriations are not guaranteed to be made. Rrcnrs oF PARTTES 28. No Duty to Pay Membership. Annual. or Other Fees. No Party shall be required by this Agreement to pay any membership, annual, or other fees or charges imposed by the Board. The sole remedy for the failure of a Party to pay any fees or charges shall be, at the Board's discretion, (a) exclusion from the CISC, (b) denial of Data and Intelligence Information sharing with other Parties through the CISC, (c) loss of any or all of the privileges and rights of a Party, (d) termination of the non-paying Party's participation in this Agreement, or (e) any combination of the foregoing as determined by the Board. 29. Voluntary Assumption of Debts. A Party may voluntarily elect to be liable, in whole or in part, for any or all of the debts, liabilities, or obligations of the CISC at the sole discretion of that Party. 30. Financial Responsibility. The CISC shall not be required to pay any Party's costs associated with acquiring or maintaining any hardware or licensed software necessary for that Party to participate in the CISC. The Board may agree to pay for expenses incurred by a Party that, in furtherance of the CISC's purposes, (a) maintains goods for use by other Parties or (b) provides services to other Parties. 31. Examination of Records. Any authorhed agent of a Party, including an authorized auditor or his or her representative, has the right to access and the right to examine any pertinent fiscal books, documents, papers, and records of the CISC involving fiscal transactions for ttree (3) years after the date of the fiscal tansaction. Intergovernmental Agreement of the Colorado Infonnation Sharing Consortiurn Page 8 of 16 32.Addition of New Parties. a. Law Enforcement Requirement. All Partieso md any entity or agency that becomes a Party, must be governmental entities or agencies that are authorized to lawfully provide, establish, maintain, and operate law enforcement services. b. Signatories of the MOU. All entities and agencies that signed the MOU prior to the Effective Date are vested with approval to become Parties by signing a separate signature page to this Agreement that states that the new Party agrees to the terms and conditions ofthis Agreement. Upon delivery ofthe signed signature page to the Manager, satisfaction of any conditions imposed by the Board, and payment of any CISC membership fees, if applicable, such entity or agency shall be a Party. c. Non-Signatories of the MOU. Any entity or agency that did not sign the MOU prior to the Effective Date may become a Party by (i) gaining approval of the Board and (ii) signing a separate signature page to this Agreement that states that the new Party agrees to the terms and conditions of this Agreement. Upon delivery of the signed signature page to the Manager, satisfaction of any conditions imposed by the Board, and payment of any CISC membership fees, if applicable, such entity or agency shall be a Party. d. CISC Membership Fee. Any entity or agency that signed the MOU prior to the Effective Date and paid a CISC membership fee at that time shall not be required to pay an additional membership fee in order to join the CISC. Any entity or agency that (i) signed the MOU prior to the Effective Date but did not pay a CISC membership fee at the time or (ii) did not sign the MOU prior to the Effective Date may be required to pay a CISC membership fee in an amount determined by the Board as a condition of becoming a Party. 33. Right to Terminate Participation. A Party may terminate its participation in this Agreement by giving written notice to the Board at least sixty (60) days prior to the date of termination, unless the Board and a specific Party have agreed on a different notice period. Gnnnru.r, Pnovlstoxs 34. Amendments. This Agreement shall not be amended unless seventy-five percent (75%) of the Representatives approve such amendment in writing. The sole remedy for any Party that disagrees with any amendments is to terminate its participation in this Agreement. 35. Construction and Interpretation. The table of contents and the section and other headings and subheadings contained in this Agreement are solely for the purpose of reference, are not part of the agreement of the Parties, and shall not inany way affectthe meaning or interpretation of this Agreement. 36. Duplicate Counterparts. This Agreement may be executed itr any number of counterparts, each of which shall be considered an original. The signature of any Party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. Intergovernmental Agreement of the Colorado Informdion Sharing Consortium Page 9 of 16 37. Entire Aereement. This Agreement embodies the entire understanding and agreement among the Parties concerning the CISC and supersedes any and all prior negotiations, understandings, or agreements, including the MOU. 38. Goveming Law. This Agreement shall be governed by and construed under the laws of the State of Colorado to the extent not inconsistent with Federal law. 39. Indemnification. Without waiving the protections, limitations, and requirements of the Colorado Governmental Immunity Act in Article 10, Title}4, C.R.S., each Director, Representative, Manager, Assigned Employee, officer, agent, and volunteer shall be provided with a legal defense and indemnification as provided by that person's employer to the extent not inconsistent with Federal law. 40. Mediation. In the event of a dispute between the Parties regarding the interpretation of this Agreement or regarding any issue arising under this Agreement, the Parties hereby agree to the following mediation procedure. First, the disagreeing Parties will submit the issue to the Representatives, who will mediate the disagreement and try to devise an acceptable solution. If that process fails, the disagreeing Parties will submit the issue to the highest elected offrcials of each Party (e.g.,the Mayor of a city or the County Commissioners of a county) who will mediate the disagreement and try to devise an acceptable solution. The highest elected official of each Party may approve a designee to mediate on behalf of that Party. The Parties agree to mediate in good faith. If any disagreeing Party requests a mediator, the disagreeing Panies shall jointly select a mediator and share the cost of the mediator equally. Decisions by the Board are not subject to mediation. This paragraph shall apply to the extent not inconsistent with Federal law. 41. No Third-Part), Beneficiaries. Nothing in this Agreement shall be deemed to create any third-party benefits or beneficiaries or create a right or cause of action for the enforcement of this Agteement's terms in any entity or person not a Party to this Agteement including any agents, employees, officers, or volunteers of any Party or any entity with whom the CISC contracts. 42. Severability. In the event that any of the terms, covenants, or conditions of this Agreement or their application shall be held invalid as to any Party, entity, or person by a court of competent jurisdiction, (a) the remainder of this Agreement shall not be affected thereby, (b) such determination shall not affect or impair the validity or enforceability of any other provision, and (c) the remaining provisions shall be interpreted and applied so far as possible to reflect the original intent and purpose of this Agreement. 43. Term. The term of this Agreement shall be unlimited and shall extend until terminated as provided herein. 44. Termination. This Agreement may be terminated upon agreement in writing of seventy- five percent (75yA of the Representatives. Upon termination of the CISC, any monetary funds held by the CISC shall be distributed, after paying the debts and obligations of the CISC, to the Parties proportionate with the number of swom law enforcement officers employed by each Party. Additionally, upon termination of the CISC, any non-monetary assets shall become the property of the Party in possession of those assets. ISTcNATURE PAGES To FoLLowl Intergovernmental Agreement of the Colorado Informdion Sharing Consortiwn Page I0 of16 l WITNESS WHEREOF.the Parties have exeeuted this Agreement effective as of the ve Date. The Adams County Sherif?s Office By: Name: Title: Date: Doug Dar Adams County Sheriff Attest: Name: Attest: Name: The Arapahoe County Sheriff s Offtce By: Namel Title: Date: David C. Walcher Arapahoe County Sheriff Intergovernmental Agreement of the Colorado Informaion Sharing Consorthnn Page Il of 16 Attest: Name: Attest: Name: The City of Aurora By: Name: Title: Date: The Colorado Department of Public Safety By: Name: Title: Date: Intergovernmental Agreernent of the Colorado Informdion Shming Consortiwn Page 12 of 16 Attest: Name: Attest: Name: The City of Colorado Springs By: Name: Title: Date: The City of Commerce City By: Name: Title: Date: Intergovemrnerttal Agreement of the Colorado Informaion Sharing Consortium Page 13 of 16 Attest: Name: Attest: Name: The City and County of Denver By: Name: Title: Date: The Douglas County SherifPs Office By: Name: David Weaver Title: Douglas County Sheriff Date: Intergovernrnental Agreernent of the Colorado Informdion Sharing Consortium Page 14 of 16 Attest: Name: Attest: Name: The City of Grand Junction By: Name: Title: Date: The Board of County Commissioners of the County of Jefferson By: Name: Title: Date: Intergovernmental Agreement of the Colorado hformdion Slnring Consortium Page 15 of16 Snplnnrn Srcxlrunr Plcn TO THB IxrnncovnRltMENTAL Acnnn*rnxr OFTHE Cor,onoo Ixronulrrox Sumrxc Coxsonrrunn By signing this separate signature page to the Intergovernmental Agreement of the Colorado Information Sharing Consortium (the "Agreement"), the undersigned agrees to be bound by the terms and conditions of the Agreement. Consistent with paragraph 32 of the Agreement, upon delivery of this signed signature page to the Manager of the CISC, satisfaction of any conditions imposed by the Board, if applicable, and payment of any CISC membership fees, if applicable, the undersigned shall be a Party to the Agreement with atl the rights and responsibilities thereunder. This signature page shall be appended to the Agreement and shall become part of the Agreement as of the date listed below. Name of Entity: City of Englewood By: Name: Randy Penn Title: Mavor Date: May 5,2014 Attest: Name: Loucrishia A. Ellis. Citv Clerk Intergovernmental Agreement of the Colorado Informotion Sharing Consortium Separate Signature P age COUNCIT COMMUNICATION COUNCIT GOAL AND PREVIOUS COUNCIL ACTION This request was discussed at the April 14, 2O14 City Council Study Session. 1) The City supports cost-effective and innovative service delivery partnerships. 2) The City has numerous mutual aid and automatic aid agreements with other agencies and jurisdictions. RECOMMENDED ACTION Staff seeks Council's approval of a bill for an ordinance authorizing an Intergovernmental Agreement by and between Colorado Department of Public Safety Division of Fire Prevention and Control and the City of Englewood regarding jqlnt staffing and operation of a State Wildland Fire Engine. r BACKG ROU N D, ANALYSIS, AND ATTERNATTVES tDENTt FIED This agreement will allow the Englewood Fire Department's Wildland Firefighting Team (EFD-WFT) to assist other agencies and jurisdictions with wildland firefighting activities, when requested to do so by the State of Colorado, thus reducing the impact of wildland fires locally, regionally, statewide and nationally. Accompanying the lCA, there is a Memorandum of Understanding (MOU) between the Colorado Department of Public Safety Division of Fire Prevention and Control and the Englewood Fire Department regarding joint staffing and operation of a State-owned wildland fire engine. The MOU includes the housing of a State-owned wildland fire engine at the Metro Fire Training Facility. The concepts contained in this agreement are the most effective means currently known for rapidly making resources available to fight wildland fires. The EFD-WFT is a highly trained and skilled team of '10 individuals who are frequently requested to assist in these efforts. FINANCIAT IMPACT There is no cost to the City to house the wildland fire engine other than providing garage space for the wildland fire engine and office space for the State wildland firefighter assigned to the vehicle during weekdays. The City is responsible for the regular salaries and benefits of our employees when they are deployed on wildland fire incidents, but these expenses and costs for position backfills are reimbursed by the State per incident for eligible expenses. tr oF ArrAcHMENrs April 21 ,2014 Agenda ltem: 9aii Subject: Intergovernmental Agreement by and between Colorado Department of Public Safety Division of Fire Prevention and Controland the City of Englewood regarding Joint Staffing and Operation of a State Wildland Fire Engine Fire Department Staff Source: Richard Petau, Deputy Fire Chief Andrew Marsh, Fire Chief Bill for an Ordinance BY AT]'IHORITY oRDINANCE NO. _ SERIES OF 201,4 COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AUTHORZING AN INTERGOVERNMENTAL AGREEMENT WTTH TIIE COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE PREVENTION AND CONTROL REGARDING JOINT STAFFING AND OPERATION OF A STATE WILDLAND FIRE ENGINE AND TIIE CITY OF ENGLEWOOD, COLORADO. WHEREAS, wildland fire protection responsibilities on non-federal lands in Colorado follow a hierarchy of local jurisdictions (fire protection districts) with the State of Colorado with the Departmeirt of Public Safety Division of Fire Prevention and Control (DFPC) being the lead state age,ncy for wildland fire management; and WHEREAS, it is the duty of the Sheriffs of the various counties of the State of Colorado to report as soon as practicable the occurrence ofany fire in any forest in the state, either on private or public lands, to the DFPC "or its authorized agent"; and WHEREAS, the chief of the fire department in each Colorado fire protection district is responsible for the management of wildland fires that occur within the district bo'ndaries and that are within the capability of the fire protection district to control or extinguish; and WHEREAS, when wildland fires exceed the capability of the fire department to control or extinguisb, the fire chief may transfer responsibility for the fire to the county sheriff with the concrurence ofthe sheriff; and WHEREAS, when wildland fires exceed the capability of the county sheriff to control or extinguish, DFPC may assist the sheriff in controlling or extinguishing such fues, and may:rssume comnumd of such incidents with the concrurence of the sheriff; and WHEREAS, the Director of DFPC shall determine, in consultation with local authorities and with the approval of the Governor, geographic areas of the state, including Wildland-Urban Interface areas, in which the state has a financial responsibility for managirng forest and wildland fires; and WHEREAS, it is the intent of the Parties that DFPC resources, including engines, and firefighters, be available to assist in fire management activities on lands throughout Colorado and as needed as part of a resource mobilization for fires in other states; and WHEREAS, it is the intent of the Parties that the City resources be available to assist in fire management activities on lands for which DFPC is responsible for protectingn as needed, as part of a resource mobilization for fres: and WHEREAS, it is to the Parties' mutual advantage to coordinate efforts for the prevention" detection, and suppression of wildland fires, fuels management, prescribed fre, non-wildland fire emergencies (as authorized), and cooperative projects for resource protection in their areas of responsibility, and to limit duplication and improve efficiency and effectiveness; and WHEREAS, the intergovenrmental agreement between the Colorado Department of Fublic Safety Division of Fire Prevention and Control and the City of Englewood is for the joint staffing and operation of a State-owned wildland fne engine; and WHEREAS, the accompanymg Memorandum of Understanding (MOU) is designed to provide guidance to all parties involved relating to the expectations of daily operations of the jointly staffed wildland fire engine; and WHEREAS, the concepts contained inthe MOU are the most effective means currently known for rapidly making resources available to fight wildland fires; and WHEREAS, there is no cost to the City to house the wildland fue engine other than providing garage space for the wildland fire engine and office space for the State wildland firefighter assigned to the vehicle. NOW, TI{EREFORE, BE IT ORDAINED BY TIIE CMY COI]NCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. The City Council of the City of Englewood, Colorado hereby authorizes the "Intergovemmental Agreement By and Between Colorado Department of Public Safety Division of Fire Prevention and Control and the City of Englewood Regarding Joint Staffing and Operation of A State Wildland Fire Engine," attached hereto as "Exhibit A". Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the "Merrorandum of Understand By and Between Colorado Department of Public Safety Division of Fire Prevention and Control", attached hereto as "Exhibit B". Section 3. The Englewood City Council hereby authorizes the Englewood Fire Chief to sign the agreement and the Memorandum of Understanding for and on behalf of the City of Englewood, attached as Exhibits A and B. Section 4 The City will be reimbursed by the State of Colorado for temporary staffing and operation. Federal funds rray be used to reimburse the State under this agreement. Introduced, read in full, and passed on first reading on the 21"' day of April, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 25th day of April,2014. z Published as a Bill for an Ordinance on the Clty's official website beginning on the 23rd day of April, 2014 for thirty (30) days. RandyP. Penn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood Colorado, hereby certifu that the above and foregoing is a tnre copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of April, 2014. Loucrishia A. Ellis Ex Ha' B I T A--. v I NTERGOVERNM ENTAL AGREEM ENT By and Between COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE PREVENTION AND CONTROL And ENGLEWOOD FIRE DEPARTMENT Regarding JOINT STAFFING AND OPERATION OF A STATE WILDLAND FIRE ENGINE THIS INTERGOVERNMENTAL AGREEMENT is entered into by and between the Colorado Department of Public Safety, Division of Fire Prevention and Control ("DFPC") and the Englewood Fire Department ("EFD"). EFD and DFPC are referred to collectively as the "Parties" and individually as a "Party". PARTIES AND STATUTORY AUTHORMES EFD is a political subdivision of the State of Colorado and a body corporate with those powers of a public or quasi-municipal corporation which are specifically authorized by, and in compliance with, Section Title 32, Article 1, C.R.S. DFPC is a division of the Department of Public Safety, a principal department of the executive department of state government created pursuant to C.R.S. 5 24-1-110 (f) (u) and 24-33.5-103. Statutorv Authorities c.R.s. S I3'2t-713.7 Firefighter and Incident Management Team lmmunity Title 24, Article 10, C.R.S. Governmental lmmunity C.R.S. I 24-33.5'L20L (41 Transfer of State Forest Service Authority to DFPC C.R.S.5 24-33.5-1203 Duties of DFpC C.R.S.5 24-33.5-tZL8 DFPC Cooperation with Governmental Units c.R.s. 5 24'33.5'tZL9 Wildland Fires - Duty of Sheriff to Report Title 29, Article 22.5, C.R.S. Wildland Fire planning C.R.S. S 29-L-2OL thru 203 Authority to Enter lnto lntergovernmental Agreements C.R.S. S 30-10-513 and 513.5 Duties of Sheriff Relating to Fires C.R.S. I 3O-LL-L24 Fire planning Authority Title 32, Article 1, C.R.S. Special District provisions RECITALS Wildland fire protection responsibilities on non-federal lands in Colorado follow a hierarchy of local jurisdiction (fire protection districts) to the County Sheriff to the State of Colorado with the DFpC being the lead state agency for wildland fire management. It is the duty of the Sheriffs of the various counties of the State of Cotorado to report as soon as , practicable the occurrence of any fire in any forest in the state, either on private or public lands, to DFpC) "or its authorized agent." The chief of the fire department in each fire protection district in the state is responsible for the management of wildland fires that occur within the boundaries of his or her district and that are within the capability of the fire district to control or extinguish. When wildland fires exceed the capability of the fire department to control or extinguish, the fire chief may transfer responsibility for the fire to the county sheriff with the concurrence of the sheriff. When wildland fires exceed the capability of the county to control or extinguish, DFPC may assist the sheriff in controlling or extinguishing such fires, and may assume command of such incidents with the concurrence of the sheriff. The Director of DFPC shall determine, in consultation with locat authorities and with the approval of the Governor, geographic areas of the state, including wildland-urban interface areas, in which the state has a financial responsibility for managing forest and wildland fires. DFPC is committed to cost-effective and innovative service detivery partnerships for wildland fire suppression within Colorado. lt is the intent of the Parties that DFPC resources, including engines and firefighters, be available to assist in fire management activities on lands for which the EFD is responsible for protecting. EFD is committed to provide cost-effective service to its citizens, is ideally situated to provide regional mutual aid response, and currently has a wildland fire suppression program in place. lt is the intent of the Parties that EFD resources be available to assist in fire management activities on lands for which DFPC is responsible for protecting. It is to the Parties' mutual advantage to coordinate efforts for the prevention, detection, and suppression of wildland fires, fuels management, prescribed fire, non-wildland fire emergencies (as authorized), and cooperative projects for resource protection in their areas of responsibility, and to limit duplication and improve efficiency and effectiveness. A joint staffing program will provide a cost-effective means to meet the parties' respective missions and will be a benefit locally, regionally and statewide through the provision of additionally staffed wildland fire engine resources. The Parties wish to enter into this Intergovernmental Agreement ("Agreement") to jointly staff a state-owned wildland fire engine for use locally, regionally and state wide to reduce the impact of wildland fire on the citizens of Colorado. NOW, THEREFoRE, in consideration of mutual promises and covenants, the Parties agree as follows: AGREEMENT 1. Term of Asreement. The term of this Agreement shall commence upon execution by all parties and shall terminate on December 31 of the year in which it is execut6d. However, the term of this agreement shall be extended automatically for consecutive one-year terms, unless any party notifies the other parties in writing prior to the end of the present term of its intent not to extend the term of this agreement. Joint Staffine of State Fire Eneine 2.L The Parties agree to jointly staff one state-owned wildland fire engine for use locally, regionally and state-wide to reduce the impact of wildland fire on the citizens of Colorado. 2.2 DFPC will provide one state-owned wildland fire engine and associated equipment ("DFPC Engine") and one qualified engine captain (NWCG ENGB qualified) with the possibility of additional DFPC staff if funds are available. lf available, EFD will provide one, possibly two NWCG qualified full-time or seasonal firefighters (FFT2 or FFTI) to provide a total staff of three (3) during the fire season. "Fire Season" will be the period between May 1 and October 31 of each year. For purposes of this agreement only, the term "employee(s)" shall mean paid and/or volunteer personnel. Due to the nature of EFD being paid full time employees; both parties understand that full staffing of the DFPC engine may not always be possible. EFD will attempt at all possibilities to provide staffing during peak times of the season if EFD has personnel who are willing to staff the DFPC engine. Staffing levels may change as deemed necessary by the EFD Fire Chief during high fire danger or at the discretion of the EFD Fire Chief due to local conditions within the EFD Boundaries. Other DFPC employees and Cooperators from other departments/agencies may be used to staff the DFPC Engine during these times. The EFD must have signed at least one of the following agreements to staff DFPC engines; Temporary Staffing of DFPC Engines for Wildfire Assignments Agreement, Call When Needed Staffing and Operation of a State Wildland Fire Engine Agreement orJoint Staffing and Operation of a State Wildland Fire Engine Agreement. 2.3 Except when on assignment, the DFPC Engine and personnel will be housed at EFD facilities and be made available for response. The DFPC Engine and crew will be available for response to any incident for which they are trained and equipped, including wildland fire, structural fires, emergency medical situations, hazardous materials, motor vehicle accidents and natural disasters within the boundaries of the EFD and its mutual aid partners. Response is provided on an "as available" basis. 2.4 Personnel will maintain their respective agency identities and will not infer that they are employed by any agency other than their actual employer and will be subject to their respective personnelsystem laws and rules. 2.5 The Engine Captain or ranking firefighter (in the absence of the Engine Captain) shall maintain operational control of the DFPC Engine and assigned firefighters at an incident in accordance with the lncideht Command System (lCS). The Parties commit to adhering to the ICS for the command and control of all resources and personnel. 3. DFPC Eneine and Operation 3.1 The DFPC Engine provided to the EFD will be a Type 6 wildland fire engine, which shall be operated and maintained by DFPC at its cost. The DFPC Engine will maintain DFPC logos and markings, but may also have the EFD logo attached as appropriate. The DFPC Engine will be fully equipped by DFPC at no cost to the EFD. 3.2 The Parties will provide appropriate Personal Protective Equipment (PPE) to their respective employees. 3.3 The Parties agree that their respective personnel may ride, drive, operate, and work on, in, and around each othe/s vehicles, apparatus, stations and equipment based upon needs and training and pursuant to any applicable laws. All employees of the Parties who will be driving the DFPC Engine shall have a current and valid Colorado Driver/s license. 4. Apoortionment of Exoenses 4.L For regular day to day operations each Party will cover its own operating expenses, including equipment purchases, vehicle maintenance, salaries and benefits, and office equipment. DFPC will be permitted to occupy and use EFD facilities at no cost, subject to a separate memorandum of understanding concerning such occupancy and use. 4.2 When the DFPC Engine responds to mutual aid incidents, each Party to this Agreement will be responsible for employee costs for its respective employees during the mutual aid period. After which, each Party may bill the requesting agency as outlined in the mutual aid agreement or annual operating plan. 4.3 When EFD personnel are requested for an extended period outside of their District boundaries for the benefit of DFPC, DFPC will provide reimbursement to EFD for employee costs. Payment willfollow standard DFPC reimbursement guidelines for interagency incident responses. 4.4 Neither Party may encumber the funds of the other Party for any purpose at any time without separate written authorization to do so. 4.5 Each Party's obligations under this Agreement are subject to annual appropriation by its governing body and shall not constitute or give rise to a general obligation or other indebtedness of either Party. 5. Insurance and Liabiliw 5.1 The Parties are each responsible for the acts or omissions of its respective personnel, and any such liability is controlled and limited by the Colorado Governmental lmmunity Act, C.R.S. 5 24- 10-101, et seq. ('CGlA") and C.R.S. S 13-21-113.7, as applicable. 5.2 Each Party shall be solely responsible for providing worke/s compensation insurance covering its own employees acting under the provisions of this Agreement, including accidents, injuries and diseases that occur while the employee is acting under the direction of or at the request of the other Pafi. Each Party will maintain its own liability insurance coverage for all of its real and personal property as required by law. Neither Party will cover the other Party's liabilities or fiduciary responsibilities or workers compensation, unless expressly authorized by a written agreement executed by the Parties. 6. Accident and Incident Reoortins and Investisation. lf an accident or incident occurs related to this Agreement, all parties shall be notified as soon as practical. The Parties shall initiate a joint investigation of the accident or incident, as needed. 7. Trainins. During the term of this Agreement, the Parties agree to provide each other's personnel with any training necessary for successfully performing the duties and responsibilities related to interagency wildland engine and crew operations. 8. Memorandum of Understandins. A separate Memorandum of Understanding ('MOU') will be governing day-to-day operatlonal issues related to this Agreement will be entered into by the Parties. The MOU will be the guiding document for the employees participating in the joint engine staffing program and shall include such things as chain of command; authorities; care and maintenance of equipment, facilities, vehicles and apparatus; response procedures and protocols; staffing and scheduling; and other matters. The MOU may be amended by the Parties as needed. In the event of a conflict between this Agreement and the MOU, this Agreement shall control. 9. Amendments. This Agreement may only be amended by a written document executed by the Parties. 10. Severabilitv. lf any provision of this Agreement or the application of such provision to any person, entity or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons, entities, or circumstances other than those in which it is held invalid, shall not be affected thereby. 11. Relationship of Parties. The Parties enter into this Agreement as separate and independent governmental entities and each shall maintain such status throughout the term of this Agreement. Nothing contained in this Agreement and no performance under this Agreement by personnel of a Pafi shall in any way alter or modify the status of that Party's directors, officers, volunteers, agents, or employees for purposes of workers' compensation or their benefits or entitlements, pension, levels or types of training, internal discipline, certification, or rank procedures, methods, or categories, or for any purpose, or other conditions or requirements of employment. t2. Authoritv. The persons who sign and execute this Agreement represent that they are duly authorized to execute this Agreement on behalf of their Party. 13. Counteroart Signatures. This Agreement may be executed in counterparts and by facsimile or electronic PDF, all of which shall constitute full and final execution of this Agreement. COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE PREVENTION AND CONTROL APPROVAL: By: Paul L. Cooke, Director Division of Fire Prevention and Control Date: ENGLEWOOD FIRE DEPARTMENT APPROVAL: Andy Marsh, Chief Englewood Fire Department Date: MEMORANDUM OF UNDERSTANDING By and Between COLORADO DIVISION OF PUBLIC SAFETY DIVISION OF FIRE PREVENTION AND CONTROL And ENGLEWOOD FIRE DEPARTMENT Regarding JOINTSTAFFING AND OPERATION OF A STATE WILDLAND FIRE ENGINE 1. BACKGROUNDANDPURPOSE The Colorado Division of Fire Prevention and Control (DFPC) and the Englewood Fire Department (EFD) have entered into an Agreement for the provision of a jointly staffed wildland fire engine based at EFD. The Agreement is the legal document providing authority for this action and will supersede this, or any other document as necessary. This Memorandum of Understanding (MOU) is designed to provide guidance to all parties involved on the expectations of daily operations of the jointly staffed wildland fire engine. This MOU outlines the framework for the Standard Operating Guidelines (SOG) for how both parties will operate the program. This MOU does NOT take the place of either parties existing policies, procedures, or guidelines. In cases where this MOU conflicts with and agencies written policy, procedure, or guideline, the agencies policy, procedure, or guideline willprevail. This MOU holds no legal standing and is simply an admittal by both parties to jointly work together within the framework outlined herein. This MOU may be amended as needed during the effective period with concurrence of all parties. Ex H I B I T B 2. 2014 STAFFING PTAN 2.1 DFPC will provide one permanent Engine Captain. Additional DFPC employees may staff the engine if funds are available. The Captain will work a 40 hour work week. The Captain will be available for call-back during off duty hours when there is a high likelihood of a fire response. The Captain will communicate with the EFD Fire Chief, or his designee, regarding the availability of the engine during off duty hours each week. The Captain's schedule may only be altered with approval of DFPC supervisory staff. 2.2 EFD will provide if available; one, possibly two Firefighters from June 1 to September 30. Firefighters will be assigned to the engine crew. EFD may adjust the length of the term as needed after consultation with DFPC. EFD may change the schedule of the Firefighters as needed, but must inform DFPC if such change will affect the availability of the engine to respond. lf no EFD personnel are available for response during this time, DFPC may utilize surrounding fire departments/fire protection districts for personnel as long as the FD/FPD has signed a staffing IGA (call when needed, temporary staffing, joint staffing)with DFPC. 2.3 In the event of a temporary absence of the DFPC Captain (lllness, vacation, other assignment), DFPC will make every attempt to cover the vacancy with another fully ENGB qualified DFPC employee. lf DFPC is unable to provide another Captain, consultation between the DFPC Regional Fire Management Officer and the EFD Fire Chief will occur to determine the best course of action. Due to state fleet rules, regulations and insurance requirements a DFPC employee must be present on the engine for the engine to be available for assignment in or out of district. Solutions may include, but are not limited to; Move any DFPC/EFD staff to a EFD engine during the absence. An EFD employee must be present on the EFD engine. Have the DFPC/EFD staff remain on the DFPC engine, but respond jointly with another engine (DFPC or EFD) to ensure adequate supervision. A DFPC employee must be present on the DFPC engine. Have an EFD Engine Boss cover the absence. A DFPC employee must be present on the DFPC engine. lf no DFPC employee is available to staff the engine, the DFPC engine will be unavailable. 2.4 ln the event of a temporary absence of either of the EFD employees, EFD will make every attempt to cover the vacancy with another fully qualified EFD employee. lf EFD is unable to provide another employee, or if there are no EFD personnel available,consultation between the DFPC Regional Fire Management Officer and the EFD Fire Chief will occur to determine the best course of action. These may include options described above. D. 2.5 Due to the nature of EFD being full time employees; both parties understand that staffing of the DFPC engine may not always be possible. EFD will attempt at all possibilities to provide staffing during peak times of the season if EFD has personnel that are willing to staff the DFPC engine. Staffing levels may change as deemed necessary by the EFD Fire Chief during High fire danger or at the discretion of the EFD Fire Chief due to local conditions within the EFD Boundaries. DAIIY OPERATIONS 3.1The crew assigned to the DFPC engine will maintain a standard daily schedule. This schedule may be amended as needed due to incident responses or other issues. The Engine Captain will devise a written schedule. This schedule should be made in conjunction with EFD so as to avoid duplication or conflict. 3.2 The crew will be required to participate in at least 50 minutes of physical conditioning each day. The exercise routine may be varied, but should focus on cardiovascular and endurance exercises. The exercise period may be scheduled anytime during the day. 3.3 The crew will be required to perform daily vehicle and equipment inspections on all assigned apparatus at the beginning of each day to ensure operational readiness. 3.4 The crew will be required to perform daily station maintenance and cleaning. This will be directed by EFD personnelas needed. DFPC personnelwill keep assigned work and storage areas clean and tidy. 3.5 The crew will be required to hold at least one wildland fire specific training each week. This may be classroom or field and is not limited to standard National Wildfire Coordinating Group trainings. The DFPC will also notify the Fire Chief of such trainings and allow other EFD personnel to attend such trainings so long as it will not interfere with the DFPC Engine Captain's outcomes and goals of said training. 3.6 The crew will participate in provided EFD training where appropriate. 3.7 The crew is encouraged to participate in public education events held in the area. 3.8 The crew is encouraged to provide trainings to agencies in Adams, Arapaho, Douglas, Elbert and Jefferson Counties. 3.9 Ensure that Pueblo lnteragency Dispatch is aware of the engine status. 4. CHAIN OF COMMAND 4.1 In general, each agency is responsible for its own employee. Each agency will conduct any needed performance planning, evaluations, or corrective actions. The direct supervisor for the DFPC Engine Captain is the Regional Fire Management Officer. 4.2 EFD employees assigned to the DFPC engine, will follow the direction of the DFPC Engine Captain, so long as this direction is not in violation of law, EFD policy, or safety standards. 4.3 The DFPC Engine Captain will take direction from the Fire Chief or designee, when conducting daily activities. This is to ensure that obligations are met, and that schedule conflicts are minimized. 4.5 When assigned to an incident, either within the EFD or outside, all parties agree to follow the Incident Command System (lCS). Every person willtake direction from their assigned incident supervisor. Every employee retains the right to refuse an unsafe assignment. 4.6 When confusion, or a conflict occurs regarding the chain of command, the Englewood Fire Chief and the DFPC Regional Fire Management Officer will confer and resolve the issue to the benefit of the program. DrsctPuNARY tssuEs 5.1 Disciplinary issues should be handled at the lowest leve! possible. In most cases, a disciplinary issue is caused by a lack of understanding and can be resolved through discussion and explanation of expectations. 5.2 In the event that a disciplinary issue involving any member of the jointly staffed engine cannot be resolved, the issue will be brought to both the EFD Fire Chief and The DFPC Regional Fire Management Officer. The situation will be reviewed and each agencies personnel policies will be taken into account. An attempt to resolve the issue at this level will be made before elevating it to a higher authority. 5.3 Either EFD or DFPC may request the other party have an employee removed from the engine crew due to performance, safety or disciplinary issues. The parties will atternpt resolution before removal. 6. IN DISTRICT RESPONSE 6.1The DFPC engine and crew may respond to incidents within the EFD boundaries as requested by EFD, this includes DFPC supervisory personnel such as Regional Fire Management Officers. The engine will be operated following the DFPC Engine SOG #03-10. This limits the incidents to which a DFPC engine may be driven emergent. 6.2 As the engine is a regional resource, it will coordinate through the Pueblo Interagency Dispatch Center (PBC) on a daily basis. The engine may be dispatched through "200" for local and mutual aid incidents. The engine will advise PBC if they have been requested through 200 to respond to an incident. 6.3 DFPC personnel may operate in the following functions for non-wildland fire incidents; Per the lGA, the DFPC Engine and crew will be available for response to any incident for which they are trained and equipped, including wildland fire, structuralfires, emergency medical situations, 4 hazardous materials, motor vehicle accidents and natural disasters within the boundaries of the EFD and its mutual aid partners. Response is provided on an "as available" basis. Structure fires: The DFPC employee can assist as needed, but must be trained by EFD on the specific operation to be conducted. Medicalsituations: Assist EMS personnelwith scene control, patient movement, and support functions. May provide direct patient care up to the First Responder Level if so trained or EMT level as long as DFPC employee is currently recognized a the minimum of Colorado State EMT certification and or National Registry EMT Traffic accidents: Assist with scene control and general hazard mitigation. May assist with extrication but must be trained by EFD. Hazardous Materials: Support function only, unless the DFPC employee is trained by EFD on the specific operation to be conducted and proper equipment is provided by EFD Others: This may include technical rescue, water and ice rescue, service calls, bomb threats, etc. DFPC may perform a support role, if properly trained. At no time should a DFPC employee be expected to perform a function which places them in to an IDHL environment. 7. ZONERESPONSE 7.1The lnitial Attack Zone for the engine is roughly designated as Douglas, Elbert, Arapaho, and Adams Counties. However, when requested by Pueblo lnteragenry Dispatch (PBC) for lA response within the PBC Zone, the engine should honor the request. 7.2 In general, the engine will normally be dispatched through PBC for zone response. There may be occasions when the engine is requested through another channel to respond, but the crew must immediately notify PBC of the response. 7.3 When the engine responds to incidents outside of the EFD boundaries, EFD agrees to cover the cost of its employees as does DFPC during the mutual aid period. There may be times when the mutual aid period has passed, yet the fire is still not in a reimbursable status. lf there is an imminent threat to life or property, the crew shall remain engaged without regard to the end of the mutual aid period untilthe threat has passed. Once the mutual aid period has lapsed, and the incident will not be reimbursable, the Engine Captain should make every effort to be released. lf the benefiting agency is stillin need of the resource, for example: the engine is needed in a rural area to assist with mop-up the next day as there are no volunteer firefighter available; then the Engine Captain should consult with both the DFPC Regional Fire Management Officer and the EFD Fire Chief. lf the assignment can be completed with minimal impacts to either agency (logistically or financially), then approval is likely. 8. OFFZONERESPONSE 8.1 The DFPC engine is part of the PBC Engine Rotation Program. As such, there is an opportunity for the engine and crew to travel to incidents outside of the immediate response B. c. D. zone. The Engine Captain will coordinate with the DFPC Regional Fire Management Officer and the EFD Fire Chief for approval to become available for off zone incidents. 8.2 When approved for off zone availability the DFPC Engine Captain will status the engine appropriately in ROSS and ensure that the assigned personnel are also available as LOCAL in ROSS. The Captain may also check with PBC to ensure they are status correctly. 8.3 EFD may maintain a list of call when needed personnel for use on the DFPC engine when sent off zone. These personnel may be utilized to augment or replace the seasonal personnel as needed. Also, EFD may choose to replace a seasonal employee in favor of priority trainee for off zone assignments. 8.4 The DFPC Captain will be responsible for the readiness of the engine and crew both while available and while assigned to an incident. EFD personnel will follow the direction of the DFPC Captain while assigned off zone. 8.5 The DFPC Captain will maintain all resource orders and reimbursement documentation associated with the incident until return to station. Each agency will then be responsible for its own billing. 9. DFPC PREPOSITIONING 9.1 DFPC reserves the right to preposition its engine anywhere within Colorado for the good of the people. Engine prepositions are normally coordinated well in advance of the actual movement. EFD will be included in the discussions on engine prepositioning. 9.2 When the engine is prepositioned outside of the PBC zone, a resource order will be generated and the Off Zone guidelines will be in effect. The resource order will designate DFPC as the payee and EFD will bill DFPC for personnel costs. 9.3 The cost of back-fill is normally not permitted for preposition orders, but may be considered on a case by case basis. 9.4 DFPC may choose, after consultation with EFD, to preposition the engine utilizing on DFPC personnel. 10. ACCIDENTS AND INJURIES 10.1An accident involving a DFPC vehicle will be handled according to the current State of Colorado policy. Both DFPC and EFD should be notified when an accident occurs. 10.2 Injuries occurring on duty must be reported to the employee's supervisor within 24 hour of occurrence. Each agency is responsible for its own employee's workers compensation claims. The engine will carry forms for both DFPC and EFD workers compensation claims. 11. HOUSING 11.1 EFD will provide a secure, heated, indoor location for the storage of the DFPC engine. This location may change based upon the needs of the district, but will occur with consultation of DFPC prior to moving the location of the engine. 11.2 EFD will provide an "office" for the DFPC Captain. This office will, at a minimum, consist of a semi-private area with a desk, power outlets and a lockable file storage area. 11.3 EFD will, where currently available, provide the DFPC Captain with access to the EFD wireless internet network. lf not available, DFPC wil! provide wireless access for its personnel. 11.4 DFPC personnel assigned to a EFD will have full access to the facilities, to include; kitchen, bathroom, shower, bay, and common storage areas. 11.5 ln addition to the space required for the storage of the engine, DFPC will need approximately 75 square feet of floor space for storage of additional equipment. This area should be clearly marked for the storage of State owned assets only. 12. SIGNATURES Kirk A. Will, DFPC Regional Fire Management Officer Date Andy Marsh, EFD Fire Chief Date 9bi BY AUTHORITY oRDINANCE NO. _ SERIES OF 2OT4 COLINCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORZING TIIE CMY OF ENGLEWOOD, COLORADO TO PARTICIPATE IN TIIE SOUTH PLATTE WATER RELATED ACTIVITIES PROGRAM, D.IC. (SPWRAP) WTTH TIIE DEPARTMENT OF TIIE INTERIOR TO IMPROVE TIIE IIABMAT BY PROVIDING MORE WATER IN THE CRITICAL AREA ALONG TIIE PLATTE RIVER IN NEBRASKA AND PROVIDE COMPLIANCE WTIH TIIE ENDANGERED SPECIES ACT. WHEREAS,inI99T the govemors of the states of Colorado, Nebraska and Wyoming signed an agreement with the Deparfrnent of Interior to improve the habitat for end?ngered species along the Platte River and tributaries; which agteeme,nt promised participation by the users of the Platte River in each state and the Federal gover:ment; and WHEREAS, one aspect of this agreement is a program called "South Platte Water Related Activities Prograrn, Inc." (SPWRAP), a nonprofit which was set up for the purpose of coordinating efforts to benefit the endangered species along the Platter River; and WHEREAS, the South Platte Water Related Activities Program (SPWRAP) is an intergovenrmental agreement with the Department of the Interior to improve the habitat of the following eldangered species - the Interior Least Tern, Whooping Crane, Pallid Sturgeon and the threatened Piping Plover; and WHEREAS, the South Platte Water related Activities Program (SPWRAP) would improve the habitat, by providing more water in the critical area along the Platte River in Nebraska; and WHEREAS, the City of Englewood, Colorado, along with other water users along the South Platte River, are the principals in the SPWRAP Agreement, which provides compliance with the Endangered Species Act by participating entities; and WHEREAS, the Department of the Interior is funding half of the prograrn, and through the Corps of Engineers, issues 404 Permits for users along the South Platte River; and WHEREAS, these permits are mandatory for construction, repairs or projects in or along the South Platte River; and WHEREAS, the Englewood City Council approved Englewood's participation in the South Platte Water Related Activities Program by the passage of Resolution No. 39, Series of 2007; and WHEREAS, Englewood's portion of the assessment for the SPWRAP Program for 2014 is $10,458.00 with an annual assessment for an additional 6 years, with the assessmerf subject to the Colorado State TABOR restrictions; and WHEREAS, future assessment amounts will be computed on treated water use and the number of participants withthe SPWRAP Progran4 and WHEREAS, the Englewood Water and Sewer Board recommended the Crty's participation in the South Platte Water Related Activities Program for 201,4 and the six years thereafter at their March t I, 201,4 meeting. NOW, TIIEREFORE, BE IT ORDAINED BY TIIE CITY COT]NCIL OF TTIE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the CitV of g'nglewood Colorado hereby authorizes Englewood's participation in the South Platte River Program with the Department of the Interior to improve the habitat of certain endangered species until the year 2020, subject to the Colorado State TABOR restrictions, attached hereto as Exhibit A. Introduced, read in frrll, and passed on first reading on the 7^ My of April, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 1lb day of April,2014. Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of April, 2014 for thirty (30) days. Read by title and passed on final reading on the 21st day of April, 2014. Published by title in the City's official newspaper as Ordinance No. , Series of 2014, on the 25th day of April,201,4. Fublished by title on the CrE's official website beginning on the 23rd day of April, 2014 for thirty (30) days. Randy P. Pe,nn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk z I, Loucrishia A. Ellis, City Clerk of the City of Englewood Colorado, hereby certit/ that the above and foregoing is a true oopy ofthe Ordinance passed on final reading and published by title as Ordinance No. . Series of 2014. Loucrishia A. Ellis Ex H I B I ? Ag SPWRAP South Platte 'Water Related Activities Program, Inc. 220 Water Avenue, Berthoud, Colorado, gOSl g January 13,2014 RE: SPWRAP Munlcipal Source Water Usage euestiouuairc Dear SPWRAP Municipal Mernber; As a signatory to the Platte River Recovery & hnplementation Progralu (PRRIP) the State of Colorado is required to pnrvide source water use data every 5 years detailiug the usage of water in the South Platte River drainage in Colorado. This infonnation is used to ver.ify anJupdate the assuned processes and data that rvere initially used during PRRIP negotiations. -SpWRep is contractually obligated to collect and provide some of this datato the State. We need your assistanee rvith completing the attached questionnaire to nreet these contractual obligitiols. in order to collate and report the data to the State by the due datg we respectfully request you retum the questionnaire rvith a copy of your 2014 Reporting Form & Asiessnrent Invoice,- including paylnent, which is due by March 312014.If you have questions regarding the cornpletion of the questionnaire, please contact Jon Altenhofen at NCWCD as indicated at the top of the questionnaire. your assistance.Thank you in advance Executive Direetor Wa 2014 Questionnaire on Sources of Water Supply - Required for Colorado 3-states pRRIp reporting. Have questions? Contact Jon Altenhofen at jaltenhofen@ncwcd.org or call 970-622-2236. Years are calendar years (January-December) 2049-2013 Average 31,000 CITY OF ENGLEWOOD Enqlewood ?kwy. county: Ara sfonda@eng'l ewoodgoo.. org Submitted By: Stewart .H. Fbnda Director of Uti'lities Fql.the Treated water use on your 2014 R"portine Form list the foII 7000h\z 2009-2013 Averaee %o Transbasin Imports % Native South Platte Flow Development (Surface Water and Tributary Groundwater) %o Nontributarv Groundwater % In Basin Agricultr:ral Conversion: (All acquired agriculture water rights) Total 100 lo l/o % 100 % 5 year Average 2009-2013 90 gpcd (residential base 'line) Total of all reuse): 5 year Average 2009-2013 Page 1 of2 Municipal (Class M) Membership 2014 Reporting Form & Assessment tnvoice A. Instructions: Please fill in this form including membership information, water use data, and the assessment as calculated.Send payment for your SPWMP annual assessment to the address listed at the bottom of this form. Municipal Member Entity Mailing Address emailAddress Phone Number Submitted By Title B. Treated water Use (Previous s-year Average, if available) Note: A member's water use for purposes of defining the number of single-family equivalent tapsfor SPWMP is defined as "any treated water deliveries from sources of water o*ned by th" member." tTh" tot"l amount of treated water produced at your entity's water treatment facility'Add "ny treated water that is owned by your entity but treated by another entity.3subtract any water treated at your facility but not owned by your entity, aEquals the sum divided by the number of years reported. CITY OF ENGLEWOOD 1OOO ENGLEI,IOOD PARKWAY 303-762-2636 Stewart H. Fonda 2-25-t4 Director of Utilities Date ENGLEI,IOOD, CO 80110 s fonda@eng'l ewoodgov . o rg (A)(B)(c)(D)=A+B-c Year Treated Water Production at Membels Plant(s)i (acre feet) Additions2 (acre feet) Subtractions3 (acre feet) TotalTreated Water Use (acre feet) 2009 5-6R3 5 .693 2010 6,263 61263 2011 5,718 5,718 2012 5.770 5,770 2013 5.616 5 .616 Average Adjusted Treated Water Usea 5 ,810 2014 SPWRAP Reporting Form Class M 12-26-13.xlsForm 12n6t2013 c.Caleulation of Single Family Equivalents, Membership Units 1 Previous S-YearAverage (2009-2013) Treated Water Use (AF) 2 Use per S.F. Account (AF/SFqs 3 Single Family Equivalents (No. ldivided by No. 2) 4 SPWMP Member Units per SFE5 5 TotaISPWMP Member Units (No. 3 muttiptied by No.4) 6 2014 SPWMP Assessment (per member unit)s 7 Calculated Assessment (No, 5 muttiplied by No. 6) Page2of 2 and Annual Assessment 5 ,910 0.50 1 1 ,620 o.tj 69,720 $ 0.1i 10.458.00 sNumbers 2, 4 & labove are fixed for all members in 2014 Minimum Assessment:7 2014 SPWMP Assessment (enter larger of line 7 or I above) lf you are paying your assessment for all remaining years of the PRRIP "First lncrement" as described in Note 7. check here D. Payment of Assessment (Due by March 3'd in 20141 Payment of the annual assessment will provide membership in SPWRAP and coverage . under the Platte River Recovery lmplementation Program through calendar year 2014. Please make check payable to "SPWRAP" and send to the following address:6 SPWRAP % Northern Colorado Water Conseruancy District 220Water Avenue Berthoud, Colorado, 80513 6,.-lf your entity requires a separate invoice please mail completed form to the above address. Please indicate that an invoice is requested. tSpWMp has established a minimum annual assessment of $50. Also, a member whose annual assessment is $200 or less has the option of making a one-time assessment payment that is thirteen times (the length of the Program first increment) their calculated annual assessment. lf a member's calculated annual assessment is $2, thirteen times that amount would be $26. However, since the minimum assessment is $50, the member pays $50 one time and is covered for the first increment of the Program. lf a member's calculated annual assessment is $6, the member can either pay $50 each year, or make a one-time assessment payment of $78 ($6 x 131. Members should consider the possible benefits of making a one-time payment. *Nofes; This repoding form may be revised in the future to reflect information needed to compty with program requirements. Entities electing to ioin after 2007 wiil be required to pay fhe assessmenf for the year they join the prognm. ln addition the new member must pay assessmenfs for all prior years of the prcgnm, plus 4% interest, compounded annually. 2014 SPWRAP Reporting Form Class M 12-26-13.xtsForm 1?,26t2013 I I FfigrfrrTr ltICL.g EC'q) .(} vl fi' ttl h(5 . \-.t rt- E) = -ct 3tt (D e 0. 'rtrt fit l- o (J t. 'ri :i ';t . r'. ' .. . r' .i:' . l.'.: .. .i '.;.... 1 '{. . 1i ',::. ; i -.: ij '...r.tli . -4a..:., : i \ J :i:f/ i.:.-.1, iii r.': .' t.,.. ..i _. r . "'. i i.:;' i:i: :: .... . :']..':::. ,' . .:.. " . ' :: i:i.: r. a...T;': '. ,: '.l i | :'.r" i...i';, : ..11 ",....;' i':i4; .l *l(U=lCU €lol I EttE.E6E tlt(g |',.ct trtl ;'' €)1'-r'l '. :'.. .: i: .'. .:.. ''''r 1.. . '.j. 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The South Platte Water Related Activities Program Since the late 1970's, conflicts between water use and endangered speciesprotection have affected federal permitting of existing and plan-ned irrigation,municipal and industrial water supply projects in the Platte River basin. Theie are404 perrnits issued by the Army Corps of Engineers whenever work is done in theSouth Platte River or any of its tributaries. ln 1997, the Governors of the States of Colorado, Nebraska and Wyoming signed anagreement with the Department of the Interior to improve and/or stuOy tni niUitat otfour endangered species in the central Platte River in Nebraska (endangered interiorleast tern, whooping crane and pallid sturgeon and the threaiened Fiping ptover Itarget species)). Some Colorado water users have incorporated inio the SouthPlatte Water Related Activities Program, lnc. (SPWRAP), a Colorado nonprofitcorporation, to represent users and partner with the State to ensure compliance withProgram obligations. SPWRAP will serve as the vehicle by which Colorado SouthPlatte water users participate in the Program, and the exilusive means by whichthey will obtain the regulatory benefits of the Program. The Program was finalized inOctober, 2006. This program will allow water projects to be initiateO with relativelylittfe effort required for Endangered species Act (ESA) compliance. The program is a basin-wide effort undertaken by the 3 States and the Department of the interior to provide benefits for the endangered interior lesser tern, whooping crane, and pallid sturgeon and the threatened piping plover (the target species). 'Th6 habitat for these species is in Nebraska near Grand lsland. Through the program the states and the federal government will provide land, water ind systematic monitoring and research. The program is designed to be incremental, with the first increment lasting at least 13 years. During this time the objectives are to: 1. retime and improve flows in the central Platte River by an average of 130,000 to 150,000 acrejeet per year at Grand lsland; 2. protect, restore and maintain 10,000 acres of habitat; 3. lmplenrent the integrated monitoring and research plan through the Adaptive Management plan. The monetary cost of the first increment of the program is $1g7 million (2005). TheStates plan to contribute water and land in addition to the monetary rbntrinrtionr.The total burden of m9ney, land and water will be shared equally by the 3 States i50%) and the United States (50'/ol. Basically, Colorado wouti piovide money,Wyoming would provide water and Nebraska would provide land with the UnitedStates providing matching contributions. This program is voluntary to water users along the South Platte River. fhe downsideis that if a federal 404 permit (for any activitiei in the river or its tributaries) is neededby a water user, that user will be charged past dues to the program or the permit willnot be issued. The good news is that by participating in tne-program, the entity isassured compliance with the Endangered Species Act. Otherwiselompliance in thefuture may cost much more than the program costs, The progiam providessubstantial benefits to water users in the form of regulatory predictaSility under theESA. The water users' portion is determined by the amount of water used in the past fiveyearl. Englewood's contribution will be approximately $29,000 for this year. Sincethe ESA went into effect, it was common knowledge that those Oiver-ting water(especially in the Platte River basin) would be affected in some way. There weremany options discussed as to how water users would comply and sbme were verydetrimental to the diversion of water. fhe Program will aitow compliance withoutcurtailing diversions by Englewood. ' Assessments will change each year depending on the amount of waterproduced for the previous 5 years. o The Program would like assessments for the first year paid by April 1 ,2007 .o Assessments may change depending on how many entities join. 9bii BY AUTHORITY ORDTNANCENO._ couNcILBILLNO.2l SERIES OF 2014 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING A FARM LEASE FOR TIIE FARM IN T}M LTTTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT BIOSOLIDS MANAGEMENT PROGRAM. WHEREAS, the Cities of Littleton and Englewood jointly own properties nqr Byers, Colorado and Bennett, Colorado which are used for the LittletonlEnglewood Wastewater Treatnelrt Plant (L/E WWT") Biosolids Management Program; and WHEREAS, this Program uses dryland fa::n property for long-temr applications of domestic wastewater biosolids generated by the (L/E WWT?); and WHEREAS, this leased parcel was managed by James Bumet, who rece,lrtly passed away and his son is willing to take over the existing lease for the rerrainder of the agreernent period; and WHEREAS, this lease replaces and supersedes the prior lease agreement commence on January I,2014 and is for a term ofone (1) year, renewable for one additional year; and WHEREAS,theL/E WWTP Supervisory Committee approved this lease with Clint A. Bumet at their Decernber 19,2013 meeting; and WHEREAS, the City of Littleton approved the lease to Clint A. Burnet on March 4,2014. NOW, TIIEREFORE, BE IT ORDAINED BY TI{E CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood hereby authorizes a "Farm L,ease" between Clint A. Bumet and the Cities of Littleton and Englewood commencing on January 1, 2014,for a term of one (l) year, renewable for one (1) year, ending on Dece,lrrber 31,2015; attached hereto as Exhibit A. Section 2. The Mayor is hereby authorized to sign the Farm Lease Agreement for and on behalf of the City of Englewood. Introduced read in full, and passed on first reading on the 7^ d^y of April, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 1lth day of ApiI,2014. Published as a Bill for an Ordinance on the Crty's ofticial website beginning on the 96 day of April, 201,4 fot thirty (30) days. Read by title and passed or final reading on the 21st day of April, 2014. Published by title in the City's official newspaper as Ordinance No. . Series of 2014, on the 25th day of April,2014. Published by title on the Crty's official website beginning on the 23rd day of April, 2014 for thirty (30) days. RandyP. Penn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood Colorado, hereby certiff 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. loucrishiaA. Ellis / / / / / / / / Docusign Envelope tD: 671 58F2E-FFFB4B3A-9678-33C437E29EcE X'ARIT{I,EASE THIS LdASE is dated as of March 4 2014, and is made and entered into by and between the Cities of Littleton and Eaglewood" collectively rpfened to hereinafter as "Lessor", and Clint A. Bumet, referred to fiereinaft,er as "Less@s". On this date, t^essoinus leased to the Irssees the following described premises situated in the Cormty ofArapahoe, State of Colorado, to wit: That tract of land described as the S/2 of Secti on23,except the W 40 feet deeded in Bqok 636 at Page9, and the SW/4 of Seotion 24, allin Township 5 South; Range 63 West of the 6d,P.M., containing 477.5 aqes, morE or less, together with all buildings and improvements on the premises (hereinafter referred to as the "Leased Property') in accordance with the following terms: l. This lease replaces and supersedes in its entirety, any prior lease agreement betweeir the partigs. This lease shall be for the term of one (l) year, renewable annually for one (l) additional yeaf, commencing on January 1,20!4,at the rcnt of $8.00 (Eight doliars) per acle per year on farrrable acrcs on the Leased Property (477.Sacres) for a total annual lease payment of $3,820.00. 2. The lease payment is to be made payable to the orderof: Linleton/Englewood y\ * and delivered to: LittletonlEngtewood WWTP c,/o Treatnent Division Manager 2900 Souttr Platie River Drive Englewood, CO 80110 by December 3l (following the lrarvest) of each year that this lease is in effect. 3, Lessees shall thoroughly plow, cuttirnate and farm in accordance with good farming practices, all lands comprising ffre Leased Prop€rtythat arenot in gras$ fallonred by mltual 4greernent ofthe parties, or otberwise 4. Lessees shall use the Leased Property as a dryland fann and for no other purpose whatsoever, and especially will not let or perrrit the Leased Property to be used for any other business or purpose wtntsoever. 5. Lessees shall be responsible for all cosB and eleemres associated with use ofthe Leased Property as a dryland farm" orcept that lrssor, at its own cost and expense, shall be nsponsible for fumishing tansporting, and applying all fertilizer, in the form of biosolids, to the Leased Property. Ex t{ IB I 7 A v Litleton/Englewood WWTP Farm Lease - Clint BurnA Fann 2014 Pago I of4 I I 0 I DocuSign Envalope lD: 671 58F2E-FFFB4B3A-9678-33C437E29ECE 6. All fertilizer to be used on the L€ased Property shall be tansported, fumishe4 and applied by Lessor at such times and at agronomic rates as detennined by Lessor. Lessees shall not apply any fertilizer on tlre Leased Property without the prior unitten consent of lrssor. Lessor may us€ a portion of the Leased Property for staging areas for biosolids application. Staging area size and locdion will be as determined by Lessor. 7. Lessees slrall not assign this lease,'sublet, or relinquish the kased Prop€rty, under ttre penalty of a forfeiture of all ttre rights of the Lessees under or by virtue sf this lease, at the election ofthe Lessor. 8. kssees slrall protect the Leased Property, including buildings, gates, fences, shnrbbcry, and improvements thereon from all damages and shall keep the same in the same condition as they ax€ now l& or may be at any time placed in by the Lessor, subject to nonnal wear and tear. Lessees shall do no act whereby any insurance on buildings may bc invalidated and shall not remove, or allow any ottrer person to remove, from the Leased Property any of the buildings, gates, fences, shrubbery, and improvements of any kind. g. Lessees shall not nrn furrows so as to cause ditches to waS the Leased Property, unless first having a written consent of the Lessor. Lessees sball slean out and maintain in good repar, during tbe operation ofthis Lease, all ditches belonging or appertaining to the Leased Property. 10. Lessees shall well and seasonably put in and tend to thc crops grown on the Leased Property, shall have all small grain harvested and threslred by October I of each year; and if not hanested and threshed as state4 the Lessor may proceed io do so after ten (10) days notice to th€ Lessee, and take enough of the Lessee'i graln to payexp€Nrse of zuch ' harvesting or threshing. I l. Lessees shall accept the fences upon said Leased Property as they are now existing. 12. Lessees shall, at the expiration of this Lease, or upon a breach by the Lessees of any of the covenants herein contained without furtlrer notice of any kin4 quit and sumender the possession and occupancy of Leased Property in as good condition as car€fuIuse and naflual wear and fear thereof will permit 13. All goods and chattels, or any other property used or kept on the Leased Property, shall be held for the rent or damages under this Lease, whether exemp from execution or no! meaning or intending hereby to gtve the Lessor a valid and first lien upon any and all goods and chattels, crops and otherproperty belongrng to the Lessees. 14. Lessees strall cultivate arormd any stnrctures or facilities consfucted by kssor and where applicablg and sball not impair or hirder, but shall cooperate with Lessor in the use of domestic wlstewater biosolids applicatiol on the Leased Property 15. The Lessor rcserves the right to cancel the lease duing its temr for any ofthe following r€asons: a) ifttre Lessees should take any action or fail to takc any action that threatens the Lessor's intenest in the kaserl hoperty, including the violation of any Lifileton/Englowood WWTP Farm Lease - Clint Burnet Farm 2014 Paga2 of4 Doa€ign Envelope lD: 671 58F2E-FFFB-483A-9678-33C437E29ECE environmental laws, rules, regulations or standards; b) if the Lessees should fail to abide by the Lessor's instnrctions conceming residua[ nitrogen levels in the soil and agronomic rates of application of biosolids; c) if the Lessees are farming in a manner which limits tbe Lessor's ability to apply biosolids to tlre Leased Property; d) if the kssees ar€ not frrming in a manner that constitutes good frrning practices; e) if tlre kssor deterrrines that it will no longer utilize the leased Property for the production of crops. 16. Lessor also reserves the right for itself, its agents and its designees, including other govemment officialg to enter and to bave access, at all reasonable times dudng the term ofthis lease, to the Leased hoperty for the purpose of sampling applicafion, monitoring testing, screoing mpping,plotting ordoing any otherprocedure, taskorflnctiondeemednecessaryby Lessor in co4iunction with its biosolids production and application operation and for any other purpose including, but not limitd to, inspecting the Leased Property and to rnake such r€eairs, additions, or improvements ag kssor may deem necessary. 17. It is rmderstood and agreed that the Lessor rcsewes the riglt to cancel this leasc at its sole discretion. Should Lessor elect to exercise ib right of cancellation, it must do so in witing, on or before October I priorto the annivermrydate hereofi, inwhichwentthis lease shall be terminated effective onthe anniversarydate and neitherparty shall be entifled to firttrer payrnents or dam4ges as the result of said termination orcept for anypayrrents due and owing at tlre time of cancellation 18. All paym€nts from the Lessee shall become due and payable upon forfeiture of said Lease, or qton abandoning said Leased Property, and if it becomes necessary for the lessor to bring action at law to recover llossession, darrage or rcnt the Lessees agree to pay a reasonable attomey's fee therefore, and all costs attending the same. 19. Lessees sha[ indemniff, defend and hold harmless Lessor and its sucsessols, assigns and representatives from and agairut any and all damages, claims, losses, costs, liabilities, and expenses ofany kind whatsower (inoluding but not limited to reasonable attomey fees) wtrich may be asserted against or zuffered by Lessor or the Leased Property or any part thermf, as a rcsult of, on accourt of or arising from (i) my breach of any covenan! representation; pr,omise, warranty or agreernent made by Lessee, or (ii) i4iuries or damages to person or property resulting or alleged to result fiom any fault or negligence of kssee or his agents or employees, or fitom the possession, rurc, occupmcy, or maintenance of the Leased Prcperty by Lessees, their agents, employees, or affiliates. 20. This Lease shall not be sublet or assigned. Any purported sublease or assignment shall be voi4 and sttall result in immediate termination ofthis lease. 21. Lessor reserves the right to sell, contact to sell, or grant easements or rights-of-way ovo, througlr, undq, or on, the Leased Property at any time during the term of this lease, subject to the rights and interests of the Lessees hereunder. 22. Nl notices, demands, or other documents requfued or desired to be given, made or sent to either Party under this Agreement shall be made in writing, shall be deemed V LittletowEnglewood WWTP Farm Leasc - Clint Buma Farm 2014 Pagc 3 of4 DocuSign Envelope lD: 671 58F2E-FFFB-483A-9678-33C437E29ECE effective upon receipt and shall be personally delivered or mailed postage prepaid, certified mail, return receipt r€quested, as follows: TO LESSOR: Littleton/Englewood WWTP c/o Treafuent Division Manager 2900 South Platte River Drive Englewood CO 80110 TO LESSEES: Clint A. Bumet 50555 EastCounty Road 30 Bennett, CO 80102 The addresses for notices may be changed by unitten notice given to the other Party in the manner provided above. This lease shall be in effect as of the date first above written. LESSOR: CTTY ENGLEWOOD By RandyP.PwllvIalor CITYOFUTTLETON -Daggn dbt|:t<{ Bfuftil@mcc,ltiayor I,ESSEES: I(- A4aE.--,-.- By: ClintA Bumet LittletonlEnglewood WWTP Farm Lease - Clint Burnet Farm 2014 Page 4 of4 COUNCIT COMMUNICATION COUNCIL GOAL AND PREVIOUS COUNCIT ACTION At the January 21, 2014 Study Session, City Council discussed how to best use the remaining South Broadway Englewood Business lmprovement District (SBEBID) funds held by the City of Englewood since August 15, 20'13. Council directed staff to prepare a resolution appropriating funds ($Za,OOO; for use on South Broadway. Council directed staff to disburse the remainder of the funds to property owners as soon as possible. Council discussed the expenditure required to release the liens placed on properties in the District at the April 7,2014 Study Session. City Council discussed Library security concerns at the April 7,2014 Study Session and requested staff prepare a Resolution for a Supplemental Appropriation for Council consideration at the next regular Date: April21,2O'14 Agenda ltem: 9ci Subject: Resolution for a Supplemental Appropriation to the 2014 Budget Initiated By: Finance and Administrative Services Department Staff Source: Frank Cryglewicz, Director a meeting of City Council. RECOMMENDED ACTION Staff recommends City Council approve the attached resolution for a supplemental appropriation to the 2O14 Budget for the following: SOURCES AND USES OF FUNDS: GENERAT FUND: SOURCE OF FUNDS: Undesignated Fund Balance $11,500 USE OF FUNDS: Library Department - Professional Services g 1 1,500 DONORS FUND: SOURCE OF FUNDS: SBEBID Unassigned Fund Balance $63,898.02 USE OF FUNDS: Payout to Property Owners $62,28'1.32 Lien Release Fees $1.331.00 Total Use of Funds 563,612.32 BACKGROU N D, ANALYSIS, AN D ALTE RNATIVES IDE NTI FIED City Council has made security on the CityCenter site a priority for years. The Library has experienced an increase in activity since the light rail and the site open in 2000. Additional security in the Library is important in maintain a safe and pleasant experience for all patrons and staff. Council determined that additional funding should be appropriated for 2O14 for security services. The South Broadway Englewood Business lmprovement District (SBEBID) was formed with the passage of Ordinance 29, Series of 2006. A petition to dissolve the SBEBID was presented to the City Clerk by persons owning property in the District. City Council dissolved the SBEBID with the passage of Ordinance 29, Series o{ 2013 on July 17,2013. The remaining cash assets held by the SBEBID were transferred to the City of Englewood on August 15, 2013 and additional funds have been received from collections made by Arapahoe County. Only expenditures from prior obligations and holiday lighting have been paid from the SBEBID funds. The balance of the SBEBID funds as of March 31, 2014 was $63,898.02 after appropriating the funds rnentioned above for lien releases, and a loss on investments, $62,281.32 is available for distribution to property owners. The Finance and Administrative Services Department is currently reconciling the funds available to determine the amount each property owner is due. Staff will provide City Council with a breakdown of the disbursements prior to making payment. FINANCIAT IMPACT All of the funds remaining in the SBEBID are appropriated for future use ($78,000), paying the lien releases ($1,331.00) or paying property owners ($62,281.32) in the District. LIST OF ATTACHMENTS Proposed Resolution i RESOLLNION NO. SERIES OF 201,4 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION OF FUNDS TO TI{E 2014 BUDGET. WHEREAS, the City of Englewood is required by City Charter to ensure that expe,nditr:res do not exceed legally adopted appropriations; and WHEREAS,the20l4 Budget was submitted and approved by the Englewood City Council on October 21,2013: and WHEREAS, the Englewood City Council discussed how to best use the remaining SBEBID Funds held by the City of Englewood since August 15, 2013; and WHEREAS, City Council directed that a resolution appropriating funds ($78,000) for use on South Broadway; and WHEREAS, City Council directed disbursement of the remainder of the firnds to property owners as soon as possible; and WHEREAS, City Council discussed the expe,nditure required to release the liens placed on properties in the SBEBID District on April 7,2014 Study Session; and WHEREAS, City Council discussed Library Security concerns at the April 7,2014 Study Session and requested a Resolution for Supplemental Appropriation be prepared. NOW, TTIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Budget for the General Furd of the City of Englewood, Colorado, is hereby amended for the year 2014, as follows: GEITIERAL FIIITID: SOURCE OF FTIITIDS: Undesignated Fund Balance $11,500.00 USE OF FTINDS: Library Department - Professional Services $11,500.00 D9NBfU!UD: SOURCE OF FT]I[DS: SBEBID Unassigned Fund Balance $63,898.02 USE OF FUI\DS: Payout to Property Owners $62,281.32 Lien Release Fees $ 1.331.00 Total Use of Funds $63.612.32 Section 2. The City Manager and the Director of Finance and Adminishative Services are hereby authorized to make the above changes to the 2014 Budget for the City of Englewood. ADOPTED AND APPROVED this 21st day of April, 2014. ATTEST: RandyP. Penru Mayor Loucrishia A, Ellis, City Clerk I, Inucrishia A. Ellis, City Clerk for the City of Englewood Colomdo, hereby certif-y the above is a true copy ofResolution No. , Series of 2014. Loucrislia A. Ellis, City Clerk COUNCIT COMMUNICATION COUNCIT GOAT AND PREVIOUS COUNCII- ACTION o Staff discussed the condition of Dartmouth Bridge and a potential Colorado Municipal League (CML) grant at the November 25,2013 Study Session. RECOMMENDED ACTION Staff recommends Council award, by motion, the construction of "West Dartmouth Ave. over South Platte River Bridge Partial Deck Repairs". The total estimated construction cost of $1221000.00 consists of a construction contract with KECI Colorado, lnc. in the amount of $11O990.0O and a construction contingency for unidentified work and material testing in the amount of $111010.00. Staff recommends ^ authorizing the Director of Public Works to execute the contract. tt BACKGROU ND, ANALYSIS, AND ATTERNATIVES IDENTIFIED The Dartmouth Avenue Bridge was constructed in 1965 and was expanded to its present width in the mid'197O's. This bridge provides a critical east/west link for Englewood. Staff has observed potholes and other maintenance issues for many years. The Street Division patches the deck with asphalt as needed to keep the bridge open to traffic. Over the past few years, potholes have become a more serious issue, requiring frequent repairs to many of the same areas. The concrete bridge deck topping in the areas we patch is deteriorating. The typical solution, performed routinely by CDOT, is to remove the entire asphalt overlay with a mill and repair or replace the bridge deck topping based on the field conditions found after the asphalt is removed. This process is not an option to us due to existing budget constraints. ln November,2013, the City applied for a $900,000 grant through the Colorado Municipal League (CML). This granf along with our match, would have replaced the entire deck. Unfortunately, our project was not selected for funding most likely due to the hundreds of other Colorado bridges that are in worse shape and the damage caused by 2013 flood events. lt should be noted that the Dartmouth Ave. Bridge is not classified as "structurally deficient". lt is classified as "functionally obsolete" and is technically eligible for federal funding assistance. Staff will continue to aggressively pursue any available grant funding opportunities. Staff retained the services of a consulting engineer with experience in bridge repair projects. Plans and specifications were developed to repair a "test section" in the worst area that can be constructed within our Date: April 21 ,2014 Agenda ltem: 9cii Subject: Dartmouth Bridge Repair Award lnitiated By: Department of Public Works Staff Source: Dave Henderson, Deputy Public Works Director existirrg budget appropriation. The test section will provide the data needed to evaluate the condition of the deck and how we should proceed in the future. Pending Council approval of this motion, construction is expected to begin in mid May. To reduce impacts to the public, the contract calls for work to begin on a Friday at noon, with the deck repairs to be completed by 6am Monday morning. FINANCIAT IMPACT Thrqe bids were received and opened on April 1, 2014 as detailed in the attached Bid Tabulation. The low bidis 28o/o above our Engineers estimate, due primarily to low estimates for mobilization and traffic control. Bids appear competitive and staff recommends proceeding with the lowest quali{ied bid submitted by KECI Colorado. KECI has extensive experience with bridge repairs for CDOT and others. Detailed below are the costs associated with the construction of the project: KECI Colorado $1 10,990.00 Construction Contingency and Testing 'l 1.010.00 Total Estimated Construction Cost $122,000.00 Council recently approved a supplemental appropriation in the amount of $100,000 for this project. Adequate funds are available in PIF Bridge Repair account. TIST OF ATTACHMENTS Bid Tabulation Contract E 3.$FE *rE,i'EFg-'FH'6HB gfEH Eb $dls FwiltrFii; *qilav,otr = ! Dtr n on a J .t -gr N N{ !E GONTRACT CITY OF ENGLEWOOD, COLORADO THIS CONTMCT and agreement, made and entered into this 21st day of April, 2014, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City", and KECI COLORADO. lNC.. whose address is 5750 W. Airport Rd.. Sedalia, CO. 80135, ("Contractor''), commencing on the 27th day of February, 2014, and continuing for at least ten (10) days thereafterthe City advertised that sealed proposals would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the following: PROJECT: West Dartmouth Ave. over South Platte River Bridge Partial Deck Repairs lWHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City Council'and have been certified by the Director of Public Works to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to said recommendation, the Contract has been awarded to the above named Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. ) NOW THEREFORE, in consideration of the compensation to be paid and the work to be performed under this contract, the parties mutually agree as follows: A. Contract Documents: lt 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: u. lnvitation to Bid Contract (this instrument) lnsurance Performance Payment Maintenance Bond Technical Specifications Construction Drawings Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work described, drawn, set forth, shown and included in said Contract Documents. Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within ten (10) davs from being notified to commence work by the Director of Public Works and agrees to fully complete said work by June 2,2014, 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. Indemnification: The city cannot and by this AgreemenVContract 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 iny kind or nature 1000 Englewood Parkway, Englewood, Colorado 801 10-2373 Ph (303)762-24.12Far. (303)783-6951 t www.englewoodgov.org E. including Worke/s Compensation claims, in any way resulting from or arising out of this AgreemenVContract: 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'q1rtofficers, agents and Employees. 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. lf 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. lf the award is terminated due to the fault of the Contractor the clause relating to termination of the'award for cause shall apply. Termination of Award for Cause: lf, 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 lto receive just, equitable compensation for any satisfactory work documents, prepared completed or materials as furnished. Notwithstandinq 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 timel as the exact amount of damages due the City from the Contractor is determined. t Terms of Pavment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's proposal attached and made a part hereof, the total estimated cost thereof being ONE HUNDRED TEN THOUSAND NINE HUNDRED AND NINETY dollars and NO cents($110.990.00 ) Appropriation of Funds: At present, $ ($110.990.00) has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, the parties understand and acknowledge that each party is subject to Article X, S 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. lt 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 AgreemenVContract 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 F. G. H. ffiS;3|1t, Jffi gl[,.J?lflmediately notify the contractor or its assisnee of such occurrence '.O 1000 Englewood Parkway, Englewood, Colorado 80110-2313Ph(303)'762-2412Fax (303)783-6951 nglewoodgov.org F l. Assiqnment: Contractor shall not, at any time, assign any interest in this Agreement or the other Contract Documents to any person or entity without the prior written consent of the City specifically including, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Any attempted assignment which is not in compliance with the terms hereof shall be null and void. Unless specifically stated to the contrary in any written consent to an Assignment, no Assignment will release or discharge the Assignor from any duty or responsibility under the Contract Documents. J. Contract Bindinq: lt 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. K. Contractors Guarantee: In addition to the Contractor's Guarantee provided.rfor in the Section 3.51 of the General Contract Conditions, the Contractor shall guarantee that work and associated incidentals 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. The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof, shall rest entirely with the Director of Public Works whose decision upon the matter shall be final and obligatory upon the Contractor l VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5.101 ET.SEQ. REGARDING HIRING OF ILLEGAL ,ALIENS (a) Employees, Gontractors and Subcontractors: Contractor shall not knowingly employ or contract with 4 illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that fails lcertify 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(2XaXl) & (ll).] (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: lf 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 pot 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 jlundertaking pursuant to C.R.S. 8-17.5-102 (5). r Ie) 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 consequeniial damages to the City in addition to 1000 Englewood Parkway, Englewood, Colorado 80110-2373Ph(303)762-2412Fax (303)783-6951 I www.englewoodgov.org any other legal or equitable remedy the City may be entitled to for a bredch of this Contract under this Paragraph. By: lN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first writte" O above. CITY OF ENGLEWOOD Date: ATTEST: City Clerk $rArE or 4 a f r, ror' ',, COUNTY O On this known to me to be the corporation that executed the within and 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. lN WITNESS WHEREOF, I have hereunto set my hand and affixed above written. and year first me personally appear ea lh a ,/, My commission expire " 4/a* /la 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Ph (303)762-2412Fax (303)783-6951 www.englqwoodgov.org City of Englewood 7pD -\- DATE: April 21 ,2014 A public hearing to gather input on Council Bill No. 22, amending sections of Title 16 of the Englewood Municipal Code pertaining to non-conforming structures. ADDRESS t0, )ss )ss The above Affidavit and certificate of publication was subscribed and sworn to before me by the above named Gerard Hearey, pubrisher of said newspaper, who is personally known to me to be the identicat person in the above certificate on this 11th day of April A.D.,20j4. t lEffitffift--]91,.--Mzl ffi I r ryCOIt{tDCII tOrtt0la J My Commission Expires 10112116 Notaryo fommunitv Media of Cotorado AFFIDAVIT OF PUBLICATION State of Colorado County of Arapahoe This Affidavit of Publication for the Englewood Herald, a weekly newspaper, printed and published for the County of Arapahoe, State of Colorado, hereby certifies that the attached legal notice was published in said newspaper once in each week, for 1 successive week(s), the last of which publication was made the 1 1th day of April 4.D.,2014, and that copies of each number of said paper in which said public ,' Notice was published were delivered by carriers or transmitted blrinail to each of the subscribers of said paper, according to their accustomed mode of business in f[s office.\t for the Englewood Herald State of Colorado ) County of Arapahoe Public, l0*PROOF OF PUBLICATION City of Englewood, Colorado OfficialWebsite www.enqlewoodqov.orq l, Loucrishia A. Ellis, City Clerk, for the City of Englewood, do solemnly swear that the attached legal notice (Notice of Public Hearing on April 21,2014 on Council Bill No. 22, a bill for an ordinance amending sections of Title 16 of the Englewood Municipal Code pertaining to non-conforming structures) was published on the Official City of Englewood Website from April 9,2014 through April21,2014. State of Colorado County of Arapahoe Subscribed and sworn to before me on this 21st day of April, 2014. v ) )ss ) My Commission Expires: 5t c ishia A. Ellis, City Clerk SEAL o o o CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING April 21,2014 Notice is hereby given that the City Council of the City of Englewood, Colorado, has scheduled a Public Hearing at a Regular Gity Council Meeting on APRIL 21,2414, at 7:30 p.m. in the City Council Chambers of Englewood Civic Center, 1000 Englewood Parl<way, to gather public input on Council Bill No. 22, a bill for an ordinance amending sections of Title 16 of the Englewood Municipal Code pertaining to non- conforming structures. lnterested parties may express opinions in person at the Pubfic Hearing or in writing to be received by the City Clerk by 5:00 p.m. on April 21,2014. Anyone wishing to speak at the Public Hearing may call the City Clerk's Office, 303.762.2405 or 303.762.2407 to schedule their presentation or a sign-up sheet will be available at the door. By order of the Englewood City Council Loucrishia A. Ellis, MMC City Clerk, City of Englewood 1000 Englewood Parhray Englewood, Colorado 801 I 0 PUBLfSHED: April 9, 2414 Official Website of the City of Englewood, Colorado COUNCIT COMMUNICATION COUNCIT GOAI AND PREVIOUS COUNCIT ACTION This proposed code change was brought to Staff by a Citizen requesting aZoningText Amendment. On April 7 , 2014 the Council approved the first reading of an ordinance, and set the date of April 21, 2014 for a public hearing. PREVIOUS PLANNING COMMISSION ACTION The Planning and Zoning Commission discussed this proposal to amend Title 16: Unified Development. Code, Nonconforming Structures at three different Study Sessions: September 17,2013; December 3, 20'14; January 7,20'14. The Commission conducted a Public Hearing on February 20,20'14. One member of the public was present and also testified at the Public Hearing. Following discussion, the Commission voted in favor of forwarding to City Council the proposed amendments to Chapter 9: Nonconformities, as presented in the attached Billfor an Ordinance. RECOMMENDED ACTION The Community Development Department recommends conducting a public hearing and taking testimony on the proposed ordinance concerning amendments to Title 16: Unified Development Code, Chapter 9, N onconformin g Structures. BACKCROU N D, ANALYSIS, AND ATTERNATIVES IDENTIFIED ln August 2O13, the Community Housing Development Association (CHDA) applied to the City requesting aToning Text Amendment to the Unified Development Code concerning nonconforming structures. The request centered on the fact that the current regulations prohibit reconstructing nonconforming structures to the same density or unit count as they previously existed, if the existing structures are over the allowed density for the zone district (based on lot area). CHDA recently purchased and renovated the Canterbury East (21 units) and Canterbury South (22 units) Apartments, located at 3550 and 3600 S. Delaware Stree! respectively. The properties are zoned MU-R-3- Date: April 21 ,2014 Agenda ltem: 10a Subject: Public Hearing for an Ordinance Adopting Amendments to Title 16 Concerning Nonconforming Structures Initiated By: Community Development Department Staff Source: Chris Neubecker. Senior Planner B, and are used for affordable housing with a variety of rental rates. The apartment buildings are nonconforming for the zone district due to the number of units. lf the buildings were damaged or destroyed to the extent of more than 60% of their value, the existing buildings could not be rebuilt with the same number of units under the current regulations. The new buildings would need to be reduced in size (based on the zoning and lot size), with a maximum of 1 1 units in one building and 12 units in the other. CHDA and its financing partners are concerned about the potential loss of value in case of significant damage to the buildings. The concerns raised by the CHDA are not unique. Staff is aware o{ 104 properties in the City that are nonconforming due to density. lf any of these properties were to burn down, or were otherwise damaged or destroyed by more than 60% of the value of the structure, then the rebuilt structures would need to conform to the existing zoning at the lower density. This situation can happen when zoning is changed to a new density lower than that of the pre-existing structures. Due to this potential loss of value, some banks have concerns financing these properties. In an effort to support investment in the community and to maintain the existing density, the proposed code amendments would allow nonconforming buildings and structures to be rebuilt up to their previous density. ANATYSIS Nonconforming structure policies usually require that rebuilt structures come into compliance with the new requirements of the zone district, including unit coun! setbacks, height, parking landscaping, and other dirnensional requirements. These policies help ensure that new buildings, and those rebuilt after significant damage, are compatible with the character of the neighborhood. However, meeting the new density of the zone district may result in a smaller building and a reduction in property values. By rebuilding to the same size and density, nonconforming structures should have no more impact than currently. Neighbors of existing nonconforming structures already understand their impacts, since, in many cases, neighbors purchased their investment after the nonconforming structure was built. As proposed, owners of nonconforming structures would be required to comply with current regulations where it is "practicable" to do so. Exceptions to this are building and safety codes, which must be met. Specifically, the proposal requires that rebuilt buildings "be broughtinto compliance as much as practicable with existing rtandards of this code". This requirement strikes a balance between what is "possible" and what is "reasonable". For example, a rebuilt structure might be able to conform to new landscaping and parking requirements, but not setbacks. Other developments may be able to comply with setbacks, but may not be able to meet current parking standards. The proposed ordinance provides flexibility for the owner and staff to work together on a plan that protects property rights while reducing impacts on adjacent properties. Zoning Site Plan review would be required for new structures. As proposed, this policy would apply to both residential and nonresidential properties. This ordinance would not affect nonconforming uses. Some of the key elements of this proposal include: o Allow re-building to the same unit count or density (square feet) i . Require re-built structures to comply with current codes where reasonable i o Applicants would be required to demonstrate why they are not able to meet current codes, if I reprieve is requested r Allow voluntary redevelopment to the same unit count or density .-. o Building permit applications must be submitted within one year of "destruction" event -47.,, -- VoluntarvRedevelopment In addition to disasters such as fire, this proposal would encourage redevelopment of older, nonfunctional properties through voluntary teardowns and new construction. Language is proposed to encourage voluntary redevelopment by allowing the existing density to be rebuilt. Redeveloped and rebuilt structures could maintain the existing density or other nonconformities, but owners would also be required conform to current standards, to the extent practicable. Staff believes that this language encourages redevelopment, although it is unlikely to be used frequently if additional density or other incentives are not provided. FINANCIAT IMPACT There is no direct financial impact on the City as a result of this ordinance. Indirectly, it is anticipated that this ordinance will have a positive financial impact on the community by allowing redevelopment of nonconforming structures in case of disasters, and encouraging redevelopment. The ordinance would allow buildings to be rebuilt to their current size, which could result in additional residential and commercial activity and additional revenue to the City when compared to smaller structures. The change will also facilitate financing of nonconforming structures, which should help to support investment and property values. LIST OF ATTACHMENTS Planning and Zoning Commission Staff Report - February 20,2O14 Planning and Zoning Commission Minutes - February 20,2014 Planning and Zoning Commission Findings of Fact - Case No. 2013-06 Map of Nonconforming Structures Bill for an Ordinance v MEMORANDUM TO:Planning and Zoning Commission THROUGH: Alan White, Community Development Director FROM: DATE: Chris Neubecker, Senior Planner February 20,2O'14 SUBf ECT: Case 2013-06 - Public Hearing Nonconformin g Structu res Recommendations The Community Development Department request that the Planning and Zoning Commission review, take public testimony, and forward to City Council a recommendation for adoption the proposed amendments to the Unified Development Code of the Englewood Municipal Code, Title 16, Chapter g, Nonconformities, relating to Nonconformin g Structures. Backsround ln August 2013, the Community Housing Development Association (CHDA) applied to the City requesting a Zoning Text Amendment to the Unified Development Code concerning nonconforming structures. The request centered on the fact that damaged or destroyed nonconforming structures cannot be rebuilt to the same densiry if the existing structures are over the allowed density. CHDA recently purchased and renovated the Canterbury East (21 units) and Canterbury South (22 units) Apartments, located at 3550 and 3600 S. Delaware Stree! respectively. The properties are zoned MU-R-3-8, and are used for affordable housing with a variety of rental rates. The apartment buildings are nonconforming to the existing zoning due to the number of units. lf the buildings were damaged or destroyed to the extent of more than 600/0 of their value, the existing buildings could not be rebuilt under the current development code with the same number of units. The new buildings would need to be reduced in size, with a maximum of 1 1 units in one building and 12 units in the other. Understandably, CHDA and its financing partners are concerned about the potential loss of value in case of significant damage to the buildings. The concerns raised by the CHDA are not unique. There are 104 properties in the City that are nonconforming due to density. (The numbers of units on the properties exceed the allowed density based on the lot dimensions or the underlying zoning.) lf any of these 1000 Englewood Parkway Englewood, Colorado 80110 PHONE 303-762-2342 FAX 303 283-6895 www.englewoodgov.org properties were to burn down, or were otherwise damaged or destroyed by more than 60% of the value of the structure, then the rebuilt structures would need to conform to the existing zoning at the lower density. This situation can happen when zoning is changed to a new density lower than that of the pre-existing structures. Due to this potential loss of value, some lenders have concerns financing these properties. ln an effort to support investment in the community and to maintain the existing density, Staff supports the proposed code amendmen! which would allow nonconforming buildings and structures to be rebuilt up to their previous density. Furthermore, in an effort to promote economic development and improve the quality and design of buildings in the City, Staff also supports voluntary redevelopment of such nonconforming buildings and structures, up to the existing density. As proposed, this policy would apply to both residential and nonresidential properties. Analvsis The proposed text amendment language is broader than originally proposed by the Community Housing Development Association (CHDA). Based on support from the Commission and Staff, the proposed ordinance would allow any nonconforming structure that is damaged or destroyed to be rebuilt. However, the proposal requires that rebuilt buildings "be brought into compliance as much as practicable with existing standards of this code". This language gives Staff the flexibility to work with architects and property owners to find a building design and site plan that accommodates the densiry but also updates the property to reasonable, current standards. We believe that this language helps strike an important balance between maintaining value for the property owner and the desire of the neighborhood for compatibility. For example, a rebuilt building may not be able to meet setbacks, but might include better landscaping and more parking. Other projects may include updated design and materials, but may not solve the site planning issues that previously existed. This flexibility will allow the Staff, property owner and architect to find the best option for the situation. The new building or structure would be no less conforming than it existed before redevelopment; in most cases, the new building or structure will be more conforming. Voluntarv Redevelopment ln addition to disasters such as fire, this proposal would encourage redevelopment of older, nonfunctional properties through voluntary teardowns and new construction. Language is proposed to encourage voluntary redevelopment by allowing the existing density to be rebuilt. Redeveloped and rebuilt structures would be allowed to maintain the existing density or other nonconformities, but owners would also be asked to come into conformance with then-current standards, to the extent practicable. Staff believes that this language encourages redevelopmen! although it is unlikely to be used extensively if additional density or other incentives are not provided. Timeframe for Redevelopment The timeframe for rebuilding a nonconforming building has been included in the proposed ordinance. As proposed, a one year deadline for application for a building permit is proposed. This will ensure that a site is not cleared for redevelopment (after a disaster or voluntarily), then vacant for several years. lt will ensure that building owners do not claim that a nonconforming structure previously existed on the site, with no records or evidence on file. Defi nition of Nonconformins Structures Following is the existing definition of nonconforming structures. This definition, which along with the proposed modification to Section 16-9-3, would clarify when current codes and standards apply: "Nonconforming Building or Structure: Unless otherwise exempt by Chapter 16-9 EMC, a structure or building, the size, dimensions, or location of which was lavvful prior to the adoption, revision, or amendment to this Title, but which fails by reason of such adoption, revision, or amendment, to conform to the present requirements of the zone disuid in which such stucture or building is located." No changes are proposed to the current definition. Rather than adding language to the definition, as previously proposed by Staff and reviewed by the Commission, we have teft the definition as it exists. This will ensure that the definition merely defines nonconforming buildings and structures, and is not used to regulate. Recommendation Major damage or destruction of a nonconforming building or structure will be very rare, and this text amendment should not negatively impact the community. ln some situations, the building that was destroyed will be rebuilt to look like it did prior to the destruction. ln other cases, the new building will be an improvement on those design elements that were nonconforming. This code amendment will also encourage voluntary redevelopment of out- of-date buildings. Either way, these text amendments are significant to investors and lenders, and should help reduce concerns about financing a real estate investment. A motion to recommend approval of the proposed code amendments to City Council is needed. Next Steos lf the Planning & Zoning Commission recommends approval, we intend to move forward with first reading of an ordinance by City Council. Aftachments Amendments to Title 16 pertaining to Nonconforming Structures CITY OF ENCLEWOOD PLANNINC AND ZONINC COMMISSION REGUIAR MEETING Englewood Civic Center City Council Chambers February 20,2014 I.CALL TO ORDER The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 p.m. in the City Council Chambers of the Englewood Civic Center, Chair Brick presiding. Present:Roth, Knoth, Brick, Kinton, Townley, Fish, Freemire, Madrid (alternate) Absent:Bleile (Excused), King (Excused) Staff:Alan White, Director, Community Development Chris Neubecker, Senior Planner Dan Brotzman, City Attorney Chair Brick added election of officers to the agenda. II.APPROVAL OF MINUTES February 4,2O13 Fish moved; Freemire seconded: TO APPROVE THE FEBRUARY 4,2013 MINUTES Chair Brick asked if there were any modifications or corrections. Mr. Fish requested that the attendance record be modified to remove Mr. Welker and reflect that Ms. Townley and Mr. Knoth were in attendance. AYES:Fish, Kinton, Knoth, Roth, Townley, Freemire NAYS:None ABSTAIN:Brick ABSENT:Bleile, King Motion carried. II I.PU BLIC HEARI NC 2O1 3-06 NON.CON FORMI NC STRUCTU RES Fish moved; Knoth seconded: To open public hearing for Case #2013-06 Non-Conforming Stru ctu res AYES:Fish, Kinton, Knoth, Roth, Townley, Freemire, Brick NAYS:None ABSTAIN:None ABSENT:Bleile, King Chris Neubecker, Senior Planner, was sworn in. Mr. Neubecker reviewed the history of Case #2013-06 Non-Conforming Structures. The issue was raised when the Community Housing Development Association (CHDA) contacted the City in August, 2013, requesting a zoning text amendment. The existing UDC contains language which prohibits non-conforming structures from being rebuilt to the same size and scale as they currently exist if that element of the design is not conforming. CHDA purchased and renovated properties in the MU-R-38 district that are over the allowed density for that site (21 and 22 units each) based on the lot area. lf the buildings were destroyed or incurred damage of 6O'h or more based on cost, the buildings could only be rebuilt at 1 1 and 12 units respectively. The entities financing the properties are concerned because of the potential loss of value. The UDC was reviewed and revised language is being proposed to allow the buildings to be rebuilt. Language has also been revised to allow voluntary redevelopment in the event that a property owner would want to demolish and rebuild, even when there is no damage to the building. A time limit is also proposed that would require the applicant to obtain a building permit within one year from the time the building was damaged or destroyed. Staff recommends that the text amendment be submitted to City Council for First Reading. Questions from the Commission: Ms. Townley requested clarification that the issue is the non-conforming structure or the land use. Mr. Neubecker responded that this ordinance does not address the nonconforming use of the land, only the structure. Mr. Knoth asked if the density could be increased; Mr. Neubecker responded that the structure could be rebuilt to the current allowed density for that zoning area or the previous density of the non-conforming structure, whichever is greater. Mr. Freemire inquired as to what the remedy would be for an aggrieved party who did not agree with the changes made by the Planning and Zoning Commission. Mr. Neubecker responded that the decision would be made by staff and would not come before the Planning and Zoning Commission. Appeals of administrative decisions go to the Board of Adjustments and Appeals. Mr. Roth commented on the actual number of structures in R-1-A, of which 5 are known, and the desire of City Council to preserve the standards for R-1-A. He expressed that in C (1Xb) of the proposal, he was concerned with the language in the last sentence regarding "undue burden on the owner" in regards to meeting the zoning standards. Mr. Neubecker explained that the intent is to determine the impact of the redevelopment in the area and the rights of property owners, seeking a balance between the two. Mr. Roth asked who makes the determination of undue burden and Mr. Neubecker responded that the staff is responsible for the administrative decisions regard i ng redevelopment. Mr. Fish asked how it is determined if a property is deemed to be non-conforming in light of the fact that there is no accurate list of properties. Mr. Neubecker replied that the list that the Community Development department has is a list of non-conformities based specifically on lot size and existing density. The list is created using information from Arapahoe County Assessors office, which contains information regarding the number of units in a structure. Dan Brotzman, City Attorney, was sworn in to address the issue of "undue burden" as it relates to property development. Mr. Brotzman explained that "undue burden" will always be defined by discussion between Staff and the property owner. Mr. Brotzman agreed to supply the Commission with a document defining "undue burden." Chair Brick verified that the City Attorneys office would like "undue burden" to not be tied to economic factors. Chris Neubecker, Senior Planner, stated that when applicants seek remedy with the Board of Adjustments, the result is generally a variance. He read the standards that apply to variances, and suggested that similar criteria would be used to determine "undue burden". He offered that the language in 16-9-3:C(1)(b) can be amended to delete the statement "and where meeting such zoning standards does not create an undue burden on the owner." Jo Ellen Davidson, Director of Community Housing Development Association (CHDA), 325 Inverness Drive South, Englewood, was sworn in. Ms. Davidson thanked the Commissioners for their consideration of CHDAs request for amendment. Ms. Davidson described the mission of the CHDA and its history in Englewood. She supplied the Commissioners with information regarding the financial investment CHDA has made in the buildings comprising the Canterbury East and South apartments and the Presidential Arms apartments in Englewood. One objective of CHDA is to make a significant improvement in the community. Their funding is from a variety of both public and private resources. She expressed that they are concerned over the potential loss of the properties in light of the fact that all improvements are completed up front when CHDA acquires the property. They have a long term commitment to the properties and make improvements for long term use. The Commissioners did not have any questions for Ms. Davidson. Staff did not have a rebuttal to present. Mr. Knoth motioned; Mr. Fish seconded: To close the public hearing for Case #2013-06 Non-Conforming Structures AYES:Fish, Kinton, Knoth, Roth, Townley, Freemire, Brick NAYS:None ABSTAIN:None ABSENT:Bleile, King Motion to approve staff recommendation for Case #2013-06 Non-Conforming Structures Knoth moved; Roth seconded: TO APPROVE STAFF RECOMMENDATION FOR CASE #2013-06 NON CONFORMING STRUCTURES Mr. Roth offered a friendly amendment to strike language from 16-9-3 C(1Xb) "and where meeting such zoning standards does not create an undue burden on the owner." Mr. Brick commented that in line with the Comprehensive Plan, it is important to support organizations both private and public that are interested in improving the housing stock in the City of Englewood and it is important that the Commission support these efforts, particularly for buildings such as CHDAs to promote the health and welfare of the community. Mr. Fish agreed with the exclusion of the language due to the fact that the property owner does have recourse if they disagree with the decision of the staff. Mr. Knoth commented that the amendment would protect the income of the property owner by insuring that they could continue to receive the same income from the property if they are allowed to reconstruct the building with the same number of units. Mr. Fish added that the Board of Adjustment and Appeals does not rule based on monetary issues, but strictly deals with variances which are exceptions to the code regarding safety issues. His experience with the Board of Adjustment and Appeals is that they would not rule based on financial impact. Mr. Roth reiterated that the intent of the change in the zoning code is to allow the owner to rebuild to the original density. Vote: To APPROVE CASE #2013-06 NoN coNFoRMING STRUCTURES AS RECOMMENDED BY STAFF WITH FRIENDLY AMENDMENT TO STRIKE LANGUACE IN 16-9-3 C(1Xb) "AND WHERE MEETINC SUCH ZONINC STANDARDS DOES NOT CREATE AN UNDUE BURDEN ON THE OWNER." Mr. Fish - We have series of non-conforming buildings that will continue to degrade and as a community need to seek a mechanism to maintain and improve these buildings. As evidenced by testimony received, at least one situation has occurred in which these buildings that were non-conforming have not only been maintained but improved. This is something that needs to be encouraged by the city as it pertains to the Comprehensive Plan. Higher density exceptions have been granted through the PUD process as exceptions to the underlying zoning structure and this is a trend for the City of Englewood and may be included in a future Comprehensive Plan to align with the trend not only in Englewood but nationally. Mr. Kinton agreed with Mr. Fish that anything that can be done to improve the housing stock should be encouraged. AYES:Fish, Kinton, Knoth, Roth, Townley, Freemire, Brick NAYS:None ABSTAIN:None ABSENT:Bleile, King Motion carries. IV.PUBLIC HEARING 2013.09 ZONINC SITE PI.AN REVIEW Knoth moved; Roth seconded: TO OPEN THE PUBLIC HEARING FOR CASE #20'13-09 ZONINC SITE PLAN REVIEW AYES:Fish, Kinton, Knoth, Roth, Townley, Freemire, Brick NAYS:None ABSTAIN:None ABSENT:Bleile, King Chris Neubecker, Senior Planner, described the Zoning Site Plan Review process as outlined in 16-2-9 of the UDC. The proposed amendment would change the title of 16- 2-9 to Site lmprovement Plan Review. The proposed amendment would outline the process staff uses to review an application that is not otherwise going to the Planning and Zoning Commission. Examples are a building permit, review of a landscaping plan, a major site plan and projects that are not large enough to require Planning Commission or Board of Adjustment approval. The majority of the work performed by current planning staff is review of plans against current codes. The proposed changes would allow an applicant to go through the Site lmprovement Plan process before moving on to the permitting process which requires a higher level of detail and formal building plans. The process is not always about zoning, but about the actual layout of the site itself. The proposed changes would clarify when the Site Plan Review process is necessary and also the types of application materials that are required to be submitted including the size and the scale of the plans for review. Should a property owner be challenged by these requirements, staff can assist with creating plans containing the information. The major changes proposed include changing the title of the code to Site lmprovement Plan Review, the requirement of plan review for large site work projects and landscaping over $5,000 in value, alterations of floor area in excess of 1O'/" of the floor area or reduction in the setback to a property line, additional detail on the plans submitted and minor syntax changes that improve the readability and enforceability of the code. Previous recommendations, including language on the DRT (Development Review Team), have been removed from the proposed amendment. Site lmprovement Plan Review remains an administrative function and appeals to administrative decisions are made through the Board of Adjustments and Appeals. Ms. Townley asked if this process would apply to any type of property. Mr. Neubecker responded that it would apply to all properties regardless of zone area. He also clarified that the requirement for the process would not preclude a property owner from occupying their home. Mr. Freemire commented on the language in 1 6-2-9 A(5) and the threshold of $5,000 for the project value. He suggested that some type of multiplier or index be included to account for inflation and increased cost of a project. Mr. Neubecker stated that there is not precedence for including a contingency for inflation, which would be difficult to calculate and hard for some people to understand. Mr. Roth questioned the need for the additional language in 16-2-9 (AX4) regarding residential driveways. The current code does not contain a definition of a residential driveway. Mr. Neubecker supplied the Commissioners with information on the definition of a driveway as it is stated in the City of Englewood UDC as well as from other sources. The reason for adding the phrase "residential driveway" is to clarify that Site lmprovement Plan Review is not necessary, and to eliminate a conflict with a previous citizens initiative. Mr. Fish noted 10,000 square a change to 16-2-9 (BX3) to correct a typographical error "sites > feet: Scale 1" = 10. Fish proposed changes to 1 6-2-9 D(1Xb and e) to associate the term ,,compliance,, with standards and policy, and the term "consistency" with guidelines. No public was present at the hearing. Alan White, Director, spoke about the 180 day time limit as a commonly accepted standard for a time frame for a project to be completed from the time it has gone through the Site lmprovement Plan Review process. Knoth moved; Roth seconded: TO CLOSE THE PUBLIC HEARINC FOR CASE #2013-09 SITE IMPROVEMENT PLAN REVIEW AYES:Fish, Kinton, Knoth, Roth, Townley, Freemire, Brick NAYS:None ABSTAIN:None ABSENT:Bleile, King Knoth moved; Fish seconded: TO APPROVE CASE #2013-09 ZONING SITE PLAN REVIEW AS WRITTEN BY STAFF Mr. Fish requested that the length of the lapse between review and implementation be changed from 60 days to 180 days. Mr. Knoth accepted the Friendly Amendment. The clerical error will be corrected to reflect the proper scale for plans. AYES:Fish, Kinton, Knoth, Roth, Townley, Freemire, Brick NAYS:None ABSTAIN:None ABSENT:Bleile, King Motion passes. IV.PUBLIC FORUM No Public was present. V.ATTORNEYS CHOICE - Attorney Brotzman had no comment. VI.STAFFS CHOICE Mr. Neubecker announced that the March 4th meeting will be a continuation of the discussion regarding the TSA overlay in the industrial area. Staff members attended the "Safe Routes to School" meting and information received was helpful. He thanked Commissioner Townley and Commissioner Kinton for attending. vl l.coMMtsstoN ERs cHotcE chu@for a nomination for chair. Mr. Roth moved; Mr. Knoth seconded: To nominate Mr. Fish for Chair and Mr. King for Vice Chair of the Commission AYES:Fish, Kinton, Knoth, Roth, Townley, Freemire, Brick NAYS:None ABSTAIN:None ABSENT:Bleile, King Ms. Townley - Legislation in House of Representatives may allow Planning and Zoning commissioners to receive pay. She also attended a meeting with DRCOG regarding Healthy Spaces in regard to Comprehensive Plan and is encouraging cities to include health and safe routes to school. Mr. Fish complimented staff for the helpful way in which the cases were presented for consideration and for the information provided to the Commission regarding Home Occupations and City Councils opinion. The meeting adjourned at 8:40 p.m. /s/ Julie Bailev, Recording Secretary CITY OF ENGLEWOOD PTANNING AND ZONING COMMISSION IN THE MATTER OF CASE #2013.06, FINDINGS OF FACT, CONCTUSIONS AND RECOMMENDATIONS RELATINC TO THE AMENDMENT OF THE UNIFIED DEVELOPMENT CODE NONCONFORM. ING STRUCTURES FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PTANNING AND zoNtNG coMMrsstoN INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT lOOO ENGLEWOOD PARKWAY ENGLEWOOD, CO 80110 Commission Members Present: Fish, Freemire, Knoth, Roth, Kinton, Brick, Townley Commission Members Absent: Bleile, King This matter was heard before the City Planning and Zoning Commission on February 20, 2O"l4 in the City Council Chambers of the Englewood Civic Center. Testimony was received from staff and one member of the public was present and testified at the hearing. The Commission received notice of Public Hearing the Staff Report, and a copy of the proposed amendment to the Unified Development Code which were incorporated into and made a part of the record of the Public Hearing. After considering the statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT the Public Hearing on the Amendment of the Unified Development Code Section 16-9-3 Nonconforming Structures was brought before the Planning Commission by the Department of Community Developmen! a department of the City of Englewood. 2. THAT notice of the Public Hearing was published in the Englewood Herald on February 7, 2014 and was on the City's website from February 6'h through 20'h. 5. 6. 3. THAT all testimony received from staff members and the public has been made part of the record of the Public Hearing. 4. THAT the change in the zoning code would allow an owner of a Nonconforming Structure to rebuild to the original density in the event of destruction or damage of more than 60% of cost. THAT voluntary redevelopment would be allowed in the event that a property owner would choose to demolish and rebuild to the current allowed density for that zoning district or to the previous density of the nonconforming structure, whichever is greater. THAT a Building Permit application to rebuild any building or structure destroyed or damaged would be required to be submitted within one (1) year from the date of the event that caused such damage, and that if such Building Permit is not submitted with one (1)year, then such rebuilt a structure shall comply with all applicable zoning codes and shall conform to the dimensional and development standards of the applicable zone district. 7. THAT the City staff is aware of 104 structures in the City that are nonconforming due to their density or unit count. 8. THAT the existing nonconforming structures in the City will degrade over time, and that the City encourages renovation of the local housing stock. 9. THAT the proposed amendments related to the Nonconforming Structures are consistent with the goals and objectives of Roadmap Englewood: The 2003 Englewood Comprehensive Plan, which supports renovation and improvements to local housing. 10.THAT higher density has been approved in Planned Unit Developments in the past, and that the trend in Englewood is to encourage higher density. 11.THAT the proposed Amendments related to Section 16-9-3 Nonconforming Structures should be adopted as part of Title 16: Unified Development Code of the Englewood Municipal Code. coNcrusroNs THAT the Public Hearing on the Amendment of the Unified Development Code Zoning Site PIan Review was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood. THAT notice of the Public Hearing was published in the Englewood Herald on February 7, 2014 and was on the City's website from February 6'h through 20'h. 1. 2. 3. THAT all testimony received from staff members and the public has been made part of the record of the Public Hearing. 4. THAT the change in the zoning code should allow an owner of a Nonconforming Structure to rebuild to the original density in the event of destruction or damage of more than 60% of cost. 5. THAT voluntary redevelopment should be allowed in the event that a property owner would choose to demolish and rebuild to the current allowed density for that zoning district or to the previous density of the nonconforming structure, whichever is greater. 6. THAT a Building Permit application to rebuild any building or structure destroyed or damaged should be required to be submitted within one (1) year from the date of the event that caused such damage, and that if such Building Permit is not submitted with one (1) year, then such rebuilt a structure shall comply with all applicable zoning codes and shall conform to the dimensional and development standards of the applicable zone district. 7. THAT the City staff is aware of 104 structures in the City that are nonconforming due to their density or unit count. 8. THAT the existing nonconforming structures in the City will degrade over time, and that the City encourages renovation of the housing stock. 9. THAT the proposed amendments related to the Nonconforming Structures are consistent with the goals and objectives of Roadmap Englewood: The 2003 Englewood Comprehensive Plan, which supports renovation and improvements to local housing. 10. THAT higher density has been approved in Planned Unit Developments in the past, and that the trend in Englewood is to encourage higher density. 11.THAT the proposed amendments related to Section 16-9-3 Nonconforming Structures are consistent with the goals and objectives of Roadmap Englewood: The 2003 Englewood Comprehensive Plan and the Englewood. 12.THAT the proposed Amendments related to Section '16-9-3 Nonconforming Structures should be adopted as part of Title 16: Unified Development Code of the Englewood Municipal Code. DECISION IHEREFORE, it is the decision of the City Planning and Zoning Commission that Case ,#20'13-06, Amendments to Section 16-9-3 Nonconforming Structures should be referred to lthe City Council with a favorable recommendation. lThe decision was reached upon a vote on a rPlanning and Zoning Commission on February Fish, which motion states: motion made at the meeting of the City 20, 2O'14, by Mr. Knoth, seconded by Mr. CASE #2013-06, AMENDMENIS TO TITLE 16: UNIFIED DEVELOPMENT CODE RELATED TO 16-9-3 NONCONFORM/NG SIRUCIURES AS STATED BE RECOMMENDED FOR APPROVAL TO AW COUNC/I WITH A FAVORABLE RECOMMENDAIION WITH THE FOLLOWINC COND/I/ON: 1. 16-9-3 C(I)(B): TO SIR/KE THE PROPOSED LANCUACE 'AND WHERE MEETINC SUCH ZONINC SIANDARDS DOES NOT CREATE AN UNDUE BURDEN ON IHE OWNER.' AYES: NAYS: ABSTAIN: ABSENT: Knoth, Roth, Fish, Brick, Kinton, Freemire, Townley None None Bleile, King Motion carried. These Findings and Conclusions are effective as of the meeting on Febru ary 20, 2O14. BY ORDER OF THE CITY PTANNING & ZONING COMMISSION John Brick, Chair t o o dNFFU'. 'i u l3;d H:H $ g$ilNFfr$sfigE= ]- U,|- Fr .4 F= *R's=\Str l-an tfis$ l-.a o5 i (} s o ao $ 3 JEFFERSON AVE. KENYON AVE. LEHIGH AW. MANSFIELD AVE. A'ASSAUAYE. OXFORD AVE. PRINCETON AVE. QUINCY AVE. RADCLIFF AVE. STANFORD AVE, TUFTS AVE. UNION AVE. LAYTON AVE. CHENANGO AVE. GRAND AVE. BELLEVIEIAI AVE. CENTENNIALAVE. City of Englewood, Colorado Locations of Nonconforming Duplexes and Apartment Buildings Based on Current Lot Area Requirements per Unit LEGEND I Nonconforming Duplex I Nonconforming Apadments El Zoning District Boundaries December 2013 v 0 1,200 2,400 3,600- Feet BY AUTHORITY ORDINANCE NO. _ SERIES OF 2014 COUNCIL BILL NO. 22 INTRODUCED BY COI.INCIL MEMBER A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 2, SECTION 2 AND CHAPTER 9, SECTION 3, OF TIIE ENGLEWOOD MUMCIPAL CODE 2OOO PERTAINING TO NONCONFORMING STRUCTURES. WHEREAS, in August 2013, the Commr:nity Housing Development Association (CIIDA) applied to the City requesting a zoning text amendment to the Unifred Development Code concerning nonconforming structures. The request centered on the fact that damaged or destroyed nonconforming structures carurot be rebuilt to the same density, if the existing structures ilre over the currently allowed density; and WHEREAS, CIIDA recently pr:rchased and renovated the Canterbury East (21 units) and Canterbury South (22 units) Apartments, located at 3550 and 3600 South Delaware Street, respectively. If these properties are zoned MU-R-3-8, and are used for affordable housing with a variety of rental rates. If these apartment buildings were damaged or destroyed to the exte,lrt of more than 60% of their value, the existing buildings could not be rebuilt under the current development code with the same number of units. The new buildings would need to be reduced in density, with a maximum of 11 units in one building, and 12 units in the other. CIIDA and its financing partners are concemed about the potential loss of value in case of significant damage to the buildings; and WHEREAS, the concerns raised by the CIIDA are not unique. There are 104 properties in the City that are nonconforming due to density; and WHEREAS, if any of these properties were to burn down, or were otherwise damaged or destroyed by more than 60% of the value of the structure, the rebuilt structure would need to conform to the existingzoning at the lower density; and WHEREAS, due to this potential loss of value, some lenders have concems about the financing of these properties; and WHEREAS, the proposed text amendment language is broader than originally proposed by the Community Housing Development Association (CIIDA). WHEREAS, based on support from the Commission and Staff, the proposed ordinance would allow any nonconforming structure that is damaged or destroyed to be rebuilt at its original density. However, the proposal requires that rebuilt buildings "be brought into compliance as much as practicable with existing standards of this Code"; and WHEREAS, this language gives staff the flexibility to work with architects and property owners to find a building design and site plan that accommodates the density, but also updates the property to current standards; and WHEREAS, a one year timeframe for submitting a building permit application to rebuild a nonconforming building has been included in the proposed ordinance; and WHEREAS, the Englewood Planning and Zoning Commission recommended approval of these changes at the February 20,2014 meeting. NOW, TIIEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 2, Section 2 entitled Summary Table of Administrative and Raiew Roles of the Englewood Municipal Code 2000, to read as follows: lG2-22 Summary Table of Administrative and Review Roles. The following table sr:mmarizes the review and decision-making responsibilities of the entities that have specific roles in the administration of the procedwes set forth in this Chapter. For purposes of this table, an "(Approval) Lapsing Period" refers to the total time from the application's approval that an applicant has to proceed witlu and often complete, the approved action. Failure to take the required action within the specified "lapsing period" will automatically void the approval. See Section 16-2-3.L EMC, "Lapse of Approval," below. Adaptive Rzuse of Designated Historical Buildings l6-5-3 R R D None Administrative Adjustnents t6-2-17 D A None Administative Land Review Permit t6-2-tl D A 60 days to record Amendme,nts to the Text of this Title t6-2-6 R R D None Annexation Petitions r6-2-5 R R D None Appeals to Board r6-2-18 D None Comprehensive Plan Amendments t6-24 R R D None Conditional Use Perrnits l6-2-r2 R D A I year Conditional Use - Telecommunication r6-7 R D A None Development Agreernents l6-2-t5 R D As stated in Agreement Floodplain Der'L Permit and Floodplain Variances See Chapter 164 for applicableprocedures and standards Historic Preservation 16-6-l I R R D None Landmark Sigrr l6-6-13 D A Limited Review Use Pei:nits t6-2-t3 D A I year Major Subdivisions t6-2-10 Preliminary Plat R R D 6 months to zubmitFinalPlat Final Plat R R D 60 days to record Simultaneous Review Preliminary Plat/Final Plat R R D 60 days to record Recorded Final Plat None Minor Subdivision r6-2-tL Preliminarv Plat D A 6 months to submit Final Plat Final Plat D A 60 days to record Recorded Final Plat None Noncontormins Structures 1tu9j D 4 OfEcial Zoning Map Amendments (Rezonings) t6-2-7 R R D None PUD and TSA Rezonings t6-2-7 R R D None Temporary Use Permits t6-2-t4 D A As stated in Permit Unlisted Use Classifi cations r6-s- l.B D A None Zoning Site Plan l6-2-9 D A 3 years Zofimg Variances r6-2-16 R D 180 days CM/D = City Manager or Designee (Including the Development Review Team) PC = Planning and Zoning Comnission CC = City Council BAA = Board of Adjustment and Appeals ' Notice Required: See Table 1G2-3.1 Summary of Mailed Notice Requirements Section 2. The City Council of the City of Englewood, Colorado hereby authorizes Title 16, Chapter 9, Section 3 entitledNonconfoflning Structures of the Englewood Municipal Code 2000, to read as follows: 1G9-3 Nonconforming Structures. A. Applicability and Exemptions. This Section shall apply to all nonconforming structures, as defined in Chapter 16-11 EMC, excq)t that the following structures shall not be considered nonconforming structures and shall be considered exempt fromthe terms and limitations of this Section and Chapter: 1. Principal aneluit residential dwellings existing on the effective date of this Title, and which as of that date are not in compliance with the minimumside setback standards established in Chapter 16-6 EMC, shall not be considered nonconforming structures due solely to tle dwelling's noncompliance with the minimumside setback standards. Such dwellings are "grandfathered," and shall be considered legal, conforming structures for the pu{poses of sale and development under this Title and other City building and safety regulations. A11 futtre B. expansions and alterations of such grandfathered dwellings shall comply with all applicable standards of this Title, including minimumside setback standards, unless the City grants a variance. tvtutti-unit awAtnss existinq comotiance witn tne reoute not Ue consiaerea noncon tot area oer Awe[ins it he considered leoal- conformins buildinEs or strucfirres for the Dumose of sale and setbacks standads. unless the Cfu Nonconforrning Building or Structure. 1. A nonconfonrring building or structure may continue to be used, except as otherwise provided herein. 2. A nonconforrring building or structure may be repaired, structurally altered, or expanded only if the alteration" repair, or expansion complies with this Title. If the nonconforming building or structure or any portion thereof, is declared unsafe by the Chief Building Official, the building may be strengthened or restored to a safe condition. s4. Notwithstanding the provisions of subsection A 8.2, above, a nonconforming building or structure in a Floodplain District rnay be modified, altered, or repaired to incorporate floodproofing measures, but shall not be extended or expanded. Ne nsneer*errnlng buildi€ e of mere thaa sixfy per€mt ( is Titls If a nonconforming building or structure becomes conforrning, it shall not be changed back to a nonconforming building or structure. No person shall move a nonconforrning building or structure to another parcel unless the building or structure and its location on the new parcel comply with the use regulations of the zone district applicable to the new parcel. 65. q nedevelooment of Nonconfo hq 1. fhe Ciw of Bnslewood enco s oUsotete Uuitdines and structue UuilAines or structwes and to prc UuitCinss and structures not. onlv in compliance wffifu + 4 fhe reconstructea Uuitdine or that the structure as it existed ion" Redeveloped or reconstructed h Uut not to exceea. tne aensirv ofru it existea inuneAiatetv orior to m fne reconstructeahiHhq igngegs mucn as oracticatte wittl exism u setUacts. oa*inq. landscaph'oracticaUte" witt Ue prooosed use and desist o inaustrv metloas anA stanaaras. fhe Ciw tvtanaeff eonsiAer not ontv wnat is oosslUl ugioue circumstances of the build aonditianr ffthe aamase to the nonconformins bui intentional act or criminal condneJ of the rrwner nf the nnncnnformino Aoolication Process. L neconstructionofanoncoffi inebuil tmorovement PUn neview orocess ia variances are reouestea ru cases. variances stutt fol EME. ABpeals. anv aooeA fum the Citv tvtanaeer or de Aaiustnent and eooeals ourzuant to t6-2 d. 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 ofhealth and safety and for the protection ofpublic 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. Severabiliqv. If any clause, sentence, paragraph, or part of this Ordinance or the application thereofto 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. AII other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsiste,ncy 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, modifu, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incu:red r:nder such provision, and each provision shall be treated and held as still remaining in force for the pu{poses 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 14-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 7th day of April, 2014. Published by Title as a Bill for an Ordinance in the City's official nerilispaper on the 1lth day of April,2014. Fublished as a Bill for an Ordinance on the Crty's official website beginning on the 9th day of April, 2014 for thirty (30) days. ATTEST: Randy P. Pen::, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certiff 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 7th day of April, 20 14. Loucrishia A. Ellis COUNCIL COMMUNICATION Date: April21,2O14 Agenda ltem: 11ci Subject A Resolution Approving the Waiver of the Building Permit Fees, the Plan Review Fees, the Single Family Drainage Inspection Fees, the Minor Subdivision Fee and the Fee in Lieu of Park Land Dedication for Habitat for Humanitv of Metro Denver Initiated By: Community Development Department Staff Source: Harold Stitt, Senior Planner and Janet Crimmett Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIT ACTION On June 18,2007, Council approved Resolution No. 50, Series o{ 2007, waiving building permit fees associated with the development of 2O79 W. Vassar Avenue into eight paired single family homes. On January 22, 2OOB, Council approved Resolution No. 5, Series of 2008, waiving building permit fees and the fee in lieu of park land dedication associated with the development of 2310 W. Harvard Avenue into eight paired single family homes. This request was discussed at the April 14,2014 City Council Study Session. RECOMMENDED ACTION Staff recommends approving a resolution waiving the building permit fees, the plan review fees, the single family ^ drainage inspection fees, the minor subdivision fee and the fee in lieu of park land dedication associated with the ldevelopment 2153-55 W. Baltic Place into two paired single family homes. BACKG ROU ND, ANALYSIS, AND ATTERNATIVES I DENTI FIED Habitat for Humanity of Metro Denver (HFHMD), a non-profit corporation, is a home ownership program that offers a constructive means for families to break the cycle of poverty. HFHMD builds and renovates single family detached homes, single family paired homes and townhomes anywhere in the Denver metropolitan area. Arapahoe County approved in March 2O14 HFHMD's grant application to assist with the development and construction of two paired single family homes at 2153-55 W. Baltic Place. The development of the property by HFHMD is anticipated to begin in May 2O14. HFHMD's proposed project consists of subdividing the existing lot at 2155 W. Baltic Place into two buildable lots that are in compliance with the current R-2-A zoning for that area. Attached single family homes will be built on the lot creating two new homes known as 2153-55 W. Baltic Place that will be sold to qualified low-income families. The home sizes will be: 1) a two- bedroom, one bath, unit (982 square feet); and,2) a three-bedroom, 1 bath, unit (1097 square feet). Each unit will be designed and built in compliance with the Englewood Unified Development Code. City staff is not involved with the development or the execution of this project except for the required subdivision, developmenf and permitting reviews normally done for any development project. Other than for going the identified fees, no other monetary support is being provided by the City to HFHMD for this project. OO Resolution is required to waive any city fees. lf Cofrncil approves, the City of Englewood will waive the building permit fees, the plan review fees, the single l familil drainage inspection fees, the minor subdivision fee and the fee in lieu of park land dedication as its U con*ibution to the project. Based on the estimated square footage of the two housing units and the size of the Iot feing redeveloped, the estimated total value of the fees being waived would be $4,300. Mefnorandum regarding Habitat for Humanity of Metro Denver's Application to Arapahoe County Redolution v MEMORANDUM TO: THRU: FROM: DATE: Mayor and City Council Cary Sears, City Manager ,/ Alan White, Community Development Director }/ Harold J. Stitt, Senior Planner ,/ Janet Crimmet! Housing Finance Specialist / April21,2014 SUBfECT: Habitat for Humanity of Metro Denver's Application to Arapahoe County Habitat for Humanity of Metro Denver (HFHMD) is interested in developing land they currently own at 2153-55 W Baltic Place located in northwest Englewood. HFHMD is a non-profit corporation that provides home ownership opportunities by building and renovating homes. HFHMD's proposed project consists of subdividing the existing lot at 2153-55 W Baltic Place into two buildable lots that are in compliance with the current R-2-A zoning for that area. Attached single family homes will be built on each lot creating two new homes that will be sold to qualified low-income families. The home sizes will be: 1) a two-bedroom, one bath, unit (982 square feet); and, 2) a three-bedroom, 1 bath, unit (1 097 square feet). Each unit will be designed and built in compliance with the Englewood Unified Development Code. Arapahoe County has approved grant funds for HFHMD to assist with the development and building of these units. HFHMD is requesting that Council waive the building permit fees, the plan review fee, fee inlieu of park land dedication, minor subdivision fee, and single family drainage fee associated with this project. The grant approval from Arapahoe County for the development of the land is not contingent upon the request to waive or reduce any fees; however, it is viewed by the County as strong evidence of the local jurisdiction's support for the project. In 2006 and 2008 Council waived building permit fees he fee in lieu of park land dedication for two separate 8-unit projects built by HFHMD known as the Vassar/Hillside project and the Harvard/Hillside project. lt is estimated that the waiver of fees for this project would total approximately $4,300. Councilwould need to adopt a resolution to waive any fees. That resolution will be brought to Council on April 21, 2014. Construction is anticipated to start on this project in May 2014 and be completed by the end of the year. City staff would not be involved with the development or execution of this project except for the required subdivision, developmen! and permitting reviews normally done for any development project. 1000 Englewood Parkway Englewood, Colorado 801 10 PHONE 303-762-2342 FAX 303 783-6895 www.englewoodgov.org Habitat for Humanity' of Metro Denver www. habitatmetrodenver. ore Main Ollice 3245 Eliot St Denver, CO 8021 1 303-534-2929 Fu<: 303-534-2727 Construction Hotline: 303-380-l r 88 Habitat Home lmprovement Outlets Denver 70 Rio Grande Blvd Denver, CO 80223 303-722-5863 Fax: 303-87 I -9900 Wheat Ridee (l-70 and Ward Rd ) 10625 West I-70 Frontage Road Wheat Ridge, CO 80033 30342 I -5300 421-5301 March 21,2OL4 Mayor Randy Penn and Members of City Council City of Englewood Civic Center 1000 Englewood Parkway Englewood, CO 80110 Dear Mayor Penn and City Council Members: Habitat for Humanity of Metro Denver, Inc. (HFHMD) is excited about our newest project in the City of Englewood. HFHMD has acquired a vacant lot at 2155 W. Baltic Place upon which we plan to build a new, energy-efficient duplex home for 2 hard-working and deserving families. HFHMD has enjoyed success in developing similar projects within the City of Englewood. In 2OL2, we built a duplex in the 3900 block of South Lincoln St., and in 2011 HFHMD built 4 duplex homes on the 2200 block of West Harvard and West Hillside Avenues. The 10 families now living in these duplexes are proud and happy to call Englewood home! Habitat has taken great care to design a duplex that blends with the character of the Evans park Estates neighborhood. The immediate area surrounding the parcel on W. Baltic Place there exist 4 duplex homes alongside numerous townhomes and single-family detached units. Habitat currently owns the vacant lot at 2155 W. Baltic place and has submitted construction documents for review and approval by the city. we anticipate that we may obtain approvals and commence site development as soon as May this year, completing construction and sale of the homes by year end. The total project budget for this duplex is 5321,000. HFHMD has secured home sponsorships totaling 5160,000 that will help pay for vertical construction of the duplex, and are seeking 540,000 in federal HOME funding support through Arapahoe County to support infrastructure development. The balance of funding for the project will come from Habitat's Fund for Humanity (mortgage payments that get recycled into new projects) and additional fundraising efforts. To help HFHMD bridge the gap in project funding, we are asking the City's assistance by waiving the development fees for this duplex: o Minor Subdivision Fee o BuildinB Permit Fee o Plan review Fee o Single Family Drainage Inspection Fee o Park Fee in-lieu of public land dedication In addition to reducing the cost of the project (which helps us keep it affordable), the City's support will greatly assist us in leveraging other funds for the project. Local support is often key for potential funders to see. ,. As with all Habitat homes, the buyers will purchase the homes with a zero-interest loan at terms that cap monthly housing payments (Principal, Taxes and lnsurance) at3OTo of the family's gross monthly income. The funds generated by the principal payments go back into building more homes for other low-income families in need of decent, affordable housing. HFI-lMD sees this project as another terrific opportunity to partner with the City of Englewood on a quality infill project. We appreciate your consideration of this request for support. Grants Administrator _ft I nauitat for Hunanlty" of iletro Denver Celebrating 35 Years of Building * Organizedin 1979 '* S:S+ houses built in the Denver Metro Area + 2l homes built in the City of Englewood + 2013 EPA Partner of the Year Award for Sustained Excellence in Affordable Housing * Habitat Metro Denver will serve 500 more families within the next five years through new home construction, Critical Home Repair projects, and tithing to support the construction of Habitat homes around the world. Ln2014, Habitat Metro Denver will complete: + 3l new homes, including 2 new homes in Englewood at 2153-2155 Baltic Place + 20 Critical Home Repair projects eodf Aw7ffoAilxl Gry 6*SUr0tSrr$ld TdfrS}|t!{lb oflSlmCinRd Plans-for 2015 include.four (4) new homes in Englewood to be located in the 2300 block of West Harvard Ave. F EATURES .Jii'i:,1-, l!f !/, al\Lu(, 1 ;-F f:li,1!1,- I 4...i,,.r . , :i 'i, l1 r,,1,1 ilr,r: ,ir:: I r' l-E' ..'lr,':f a,l i ti' L !i !'tr:i : ,.1-', 1,.,, . ' : ! t. r: . - il. '';" r- r" ri,:i rf' _ | . t\,ll .,1, ,i,l d; r' . ,:,i i Lir ii-,|, ,-1,- [', .] /. tr, ':i,::1'jr :, ''i'tr'rl. rl'- I t,'!at: tr.f ,,jr,'.,1!it r,,[1.:]rfif, RESOLUTION NO. SERIES OF 2OI4 A RESOLUTION AUTHORZING TIIE EXEMPTION OF THE IIABITAT FOR HUMANITY OF METRO-DEI.IVER (HFHMD) FROM BUILDING PERMIT FEES, PLAI{ REVIEW FEES, SINGLE FAMILY DRAINAGE INSPECTION FEES, THE MINOR STIBDIVISION FEE AND TI{E FEE IN LIEU OF PARK LA}.[D DEDICATION ASSOCIATED WTilI TIIE DEVELOPMENT OF TWO PAIRED SINGLE FAMILY HOMES LOCATED AT 2153 &2155 WEST BALTIC PLACE. WHEREAS, the Habitat For Humanity of Mefo Deirver (IIFHMD), a non-profit corporation submitted a grant application to Arapahoe County to develop property located at2L53 and 2155 West Baltic Place; and WHEREAS, Arapahoe County approved in March 20L4 the grant application to assist the developme,nt; and WHEREAS, this rnatter was discussed with the Englewood City Council at the April14,2014 Study Session; and WHEREAS, the IIFHMD has requested the City to waive Building Permit Fees, Plan Review Fees, Single Family Drainage Inspection Fees, the Minor Subdivision Fee and the fee in lieu of Park Land dedication associated with this development. NOW TIIEREFORE, BE rr RESOLVED BY TIrE CITY COUNCIL OF Tr{E CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes an exemption of the Habitat for Humanity of Mefo De,nver from the building permit fees, Plan Review Fees, Singls Family Drainage Inspection Fees, the Minor Subdivision Fee and the fee in lizu of park land dedication associated with the development of two paired singl6 family homes located at2I53 and 2155 West Baltic Place. ADOPTED AI{D APPROVED this 2lstday of April, 2014. ATTEST: RandyP. Penn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk forthe City of Englewood, Colorado, hereby certiff the above is a tue copy of ResolutionNo. Loucrishia A. Ellis, City Clerk COUNCIT COMMUNICATION Date April 21 ,2014 Subject L/E WWTP Network lnfrastructure Project - Switch Replacement INITIATED BY Littleton/En glewood WWTP Supervisory Committee STAFF SOURCE Jeff Konishi, Director of Information Technology Cindy Coodburn, L/E WWTP Business Services Manager COUNCIT GOAL AND PREVIOUS COUNCIT ACTION Council approval of lT Network lnfrastructure Upgrade - October 21, 2O13 Council approval of the 2014 Littleton/Englewood WWTP Capital lnfrastructure Budget. RECOMMENDED ACTION Staff recommends Council approval, by motion, of an Information Technology Network lnfrastructure upgrade for network switches at the Littleton/Englewood WWTP. Staff further recommends awarding the contract to 24/7 Networks, taking advantage of State of Colorado contract pricing in the amount of $74,843.60. BACKCROU ND, ANALYS|S, AND ALTERNATTVES tDE NTt FIED The City of Englewood lT Department has an initiative to upgrade the City's network hardware infrastructure. This initiative will require the replacement of all existing L/E WWTP enterprise network switches with 10 gigabyte switches aligned with the City lT Department's standards for this project. L/E WWTP staff has been working very closely with Jeff Konishi and his staff to solidify equipment specifications and utilizing the vendor that was selected through the bidding process for the City's infrastructure work. The L/E WWTP relies exclusively upon the City network for interne! e-mail, and phones. Replacement of the L/E WWTP switches is critical to retain this connection, as the existing 1 gigabyte switches will not interface fully with the City's upgrade plans. Additionally, this will impact the SCADA network, as alarms and notification for SCADA failures pass through these switches and emergency response notification will be impacted. Permit violation could result. The L/E WWTP enterprise network has been experiencing netrruor( email and internet outages and slow communications issues. This project is part of the solution to upgrade the City enterprise and L/E WWTP services. Additionally, a number of the L/E WWTP switches are beyond their service life and will not be covered under service agreements. A proposal for the lT specified switches was received from 24f7 networks. The L/E WWTP portion for the 1 project is $7 4,843.6O. v This p{rchase was approved by the L/E WWTP Supervisory Committee at the March 20,2014 meeting. I 2O14 L/E WWTP budget and as a Capital lnfrastructure Project Englewood and Littleton. FTNATCTAL TMPACT Funds/for this project are included in the and vt'ill be shared 50/50 by the Cities of I TIST OF ATTACHMENTS I J 24 / 7l N etworks Solution Proposal / / J l I / / o I Network Upqrade Solution - 1OG|G uompany Attn Phon€ Fax Fmail garyqEngrewooq.wwl 2900 S. Platte River Drive Enolswood. CO uato Prcposal Numbet Account Managsl Inslde S.le3 Payment Temg FAY DAc T6 Nqvgm@t rY, zu I 111913 t60933 lnan von der Heydt (3031991-2224 Snawn Miler Jnan von oer H6vot 1303t991-i2224 Product Number Dg3crlption Otv I List Pric6 Unil Pdc6 | Exton&d Prlce cisco 45oox Core switches ws-c4500x-16sFP+ catalyst 4500-x 16 Port 10G IP Base Front-to-Back No p/s CON-SMBS-WSCI6SFX SMBS SXsXNBD Catalvst 4500-X 16 Port 10G IP Base Fro IP Base license for Catalyst 4500-X catalyst 4500x Network Module Blank C4KX-PWR-7504C-R/2 Catalyst 4500X 750W AC front to back cooling 2nd PwR suppty C4KX-PWR-750AC-R Catalyst 4500X 750W AC front to back cooling power supply CAB-US515-C15-US NEMA 5-15 to IEC-C15 8ft US S45XUK9-331-151lSG CAT4500-X UniversalCryptolmage Twin Ax Cables - 2 x 45OOx Stack and 2 x to 2960 in Main Area SFP-H1OGB-CU1M IoGBASE-CU SFP+ Cable 1 Meter Cisco 296OX Stacked Swlches 2 x Maln, 1 x Cubby, I x Lab, 2 x l.luster Room, I Trailer -WS-C2960X-48LPD-L Catalyst 2960-X 48 GlgE PoE 370W 2 x 10G SFP+ LAN Base Je-crs-ceN cabinet Jumper power cord 250 vAc 13A c14-c15 connectorst- -2960X-STACK Catalyst 2960-X Flexstack Plus Stacking Module CAB-sTK-E-0.5M Cisco Flexstack 50cm stacking cable Data Center 3850s - 48 Ports of PoE - 48 Ports Standard - Stacked and 10 GIG to Core 45O0Xs ws-c3850-48P-S cisco catalyst 3850 48 Port PoE IP Base CON-SNTP-WSC388PS SMARTNET 24X7X4 Cisco Catalvst 3850 48 Port PoE IP Base CAB-TA-NA North America AC Type A Power Cable PWR-C1-715WAC/2 7].5W AC Config 1 Secondary Power Supply c4500x-IPB C4KX-NM-BLANK 2$ 2$ 2$ 2$ 2$ 2$ 4$ 2i 4$ 16,000.00 594.00 2,000.00 2,000.00 150.00 6,995.00 1,195.00 13,000.00 1,248.00 1,000.00 2,500.00 1 1,500.00 1,104.00 500.00 2,500.00 995.00 7,840.00 534.60 980.00 980.00 15,680.00 1,069.20 1,960.00 1,960.00 294.00 23,992.85 2,342.20 6,370.00 L,L23.20 490.00 1,225.00 5,635.00 993.60 245.00 1,225.00 $ $ $ + l $ l $ $ $ $ $ I + t $ t $ $ c3850-NM-2-10G s3850UK9-32-0SE sTACK-T1-50CM CAB-SPWR.3OCM PWR-C1-715WAC ws-c3850-48T-S coN-sNTP-WSC388TS CAB-TA.NA PWR-C1-350WAC/2 c3850-NM-2-10G s3850UK9-32-05E sTACK-T1-50CM CAB-SPWR-3OCM PWR-C1-350WAC 7$ 7$ 4$ 7$ 1$ 1$ 2$ 'l( 19 IC r+ 1$ 1$ rl rl 2$ 1$ It 1$ 1$ 1$ 2t$ $ $ $ $ $ $ t $ e { $ $ 73.50 $ 3,427.55 $-{ 585.55 $ -$ 6,370.00 7,123.20 490.00 1.225.00 5,635.00 993.50 245.00 1,225.00 $ $ $ $ $ $ ) ? l Multi l{ode SFPS - 10 GIG 1 x Ser ace Center, 4 for each closet" 4 for Data Center SFP.lOG-SR l0GBASE-SR SFP Module Cisco Catalyst 3850 2 x 10GE Network Module CAT385O UNIVERSAL 50CM Type 1 Stacking Cable Catalyst 3750X Stack Power Cable 30 CM 715W AC Config 1 Power Supply Cisco Catalyst 3850 48 Port Data IP Base SMARTNET 24X7X4 Cisco Catalyst 3850 48 Port Data IP Base North America AC Type A Power Cable 350W AC Conng 1 SecondaryPower Supply Cisco Catalyst 3850 2 x 10GE Network Module CAT385O UNryERSAL 50CM Type 1 Stacking Cable Catalyst 3750X Stack Power Cable 30 CM 350W AC Config 1 Power Supply 487.55 $10,238.55 Proposal Total: _l__J4,843.6o_ 24l7 Networks Confidentlal 412120t4 Page I Nl|mb3r Llst Price I I Unlt Prics I Extend.d Pdce By signing below you agree to 2417 Networks' "Terms & Conditions" The listed price indudes a 3,5olo discount for payment made in cash or check, not involving th€ use of a credit card or P-card, Payment made by credit card will waive this discount. Signature: Name and Title: Date: PO Number: 24l7 Networks Confidential 4/2/20L4 Page 2 WARRANTY All hardware and software provided under these terms are subject to the warranties provided by the manufactureras legally and contractually permissiblefor24/7 Networks, lnc. (2a/7 Networks") to pass onto, resell or assign to Customer. 2417 Networks warrants that its services hereunder will be performed by qualified individuals in a professional and workmanlike manner conforming to generally accepted industry standards and practices, and in strict accordance with all applicable laws, regulations, codes and standards of government agencies or authorities having jurisdiction. 24/7 Networks services hereunder are suppofted against defects in workmanship for thirty (30) days after installation. 24/7 NETWORKS MAKES NO WARMNry AS TO THE RESULTS OF ANY SERVICES PROVIDED AND EXCEPT AS SET FORTH IN THIS PARAGMPH, 2417 NETWORKS DISCLAIMS ANY AND ALL WARMNTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARMNTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT. LIMITATION OF LIABITIW NOTWITHSTANDING ANYTHING ELSE HEREIN, ALL LIABILITY OF 24/7 NETWORKS UNDER THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO MONEY PAID TO 2417 NETWORKS UNDER THIS AGREEMENT DURINGTHE SIX (6) MONTH PERIOD PRECEEDINGTHE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILIW AND IN THE CASE OF DAMAGES RELATING TO ANY ALLEGEDLY DEFECTIVE OR INFRINGING PRODUCT, SHALL, UNDER ANY LEGAL OR EQUITABLE THEORY, BE FURTHER LIMITED TO THE PURCHASE PRICE PAID BY CUSTOMER FOR SUCH PRODUCT. IN NO EVENT SHALL24/7 NETWORKS BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENCIAL DAMAGES, LOST PROFITS, OR LOST DATA, OR ANY OTHER INDIRECT DAMAGES EVEN IF 2417 NETWORKS HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. SERVICE CONDITIONS All service prices are based on work being performed during normal business hours (Monday through Friday) oras otherwise mutually agreed by Customer and 24/7 Networks in writing. Security arrangements and access for 24/7 Networks at the Customer's location will be the responsibility of the Customer. Customer will accompany any 24/7 Networks employee or agent while on-site at Customer location. All prices are based on site implementation work being performed at Customer locations. Installation service prices are contingent on the assumption that 24/7 Networks will be provided with a complete list of the instaf lation sites at least two (2) weeks prior to the commencement of the project and that 24/7 Networks will be allowed complete flexibility to build and control the schedule of site implementations, Cancellations of scheduled site visits by Customer will be provided to 24/7 Networks in writing no less that five (5) business days prior to such scheduled site visit. If the scope of work or the number of devices/office locations to be implemented changes at the Customer's request from that specified in the 2417 Networks accepted Customer order, then prior to accepting any such changes 2417 Networks reserves the rightto review and change those terms of any related accepted Customerorder, including, without limitation, pricing and any delivery requirements that are affected or impacted by such request. SOFTWARE Any software provided under these terms is subject to the license terms that are provided with it, All software license terms are established directly between the Customer and the owner or manufacturer of the software. Unless 24/7 Networks is identified as the owner or licensor of the software, 24/7 Networks is not a party to any software license terms and 2417 Networks makes no warranties or representations related to the ownership, use or operation of the software, GOVERNING LAW AND JURISTICTION Each sale and other transaction between Customer and 24/7 Networks made under this Agreement will be governed by the applicable state laws for the 24/7 Networks location specified in the applicable Quote, excluding any conflict of laws rules that may apply in such state. Any dispute regarding this Agreement shall be subject to the exclusive jurisdiction of the applicable court in the aforementioned 2417 Networks location and each party submits to the jurisdiction thereof, Customer waives any defense to the validity or enforceability of this Agreement arising from any electronic submission of it to Customer, TAXES AND FEES This order may be subject to sales tax, duty and freight charges even if not noted on this proposal. These charges will be itemized and billed on a separate invoice to Customer, 24 | 7 Netril orks Confidential 4/2/20t4 Page 3 v"' Memorandum City Manager's Office TO: THROUGH: FROM: DATE: SUBIECT: Mayor Penn and Members of City,ouncil Gary Sears, City Manager Sue Carlton-Smith, Ex Aprilt6,20L4 City Council Travel/Training 2014 Budget ve Assistant The City Council 20L4Travel/Training Budget totals $14,500. The costs for the National League of Cities Conference in Washington, D. C. from March 7-L2,20L4 are as follows: Council Member Rick Gillit Council Member Bob McCaslin Total Registration costs for the CML Legislative Workshop Mayor Penn and Mayor Pro Tem Olson s3,272.37 $3.637.55 s6.909.92 $250.00 The costs for the DRCOG Conference in Colorado Springs are as follows: Mayor Randy Penn Anticipated expenses for City Council are as follows: Mayor Randy Penn Mayor Pro Tem Linda Olson Council Member Rick Gillit Council Member foe fefferson Council Member Bob McCaslin Council Member fill Wilson Council Member Steve Yates Total 2 0 14 Travel/Training Budget Minus NLC Conf. expenses Minus CML Leg. Workshop Minus DRCOG Conf. expenses Minus anticipated CML Conf. expenses Remaining 2074 T rav el/Training Budget sL60.92 $1,100.08 690.88 1,091.08 954.08 I,076.08 814.08 L,098.08 s6.824.36 $14,500.00 6,909.92 250.00 160.92 6.824.36 $ 354.80 <rri(oFI<lo 00 0 0l 001rrt o o o ol ol.91 d { -i odl odl(!l Fl O) rn t.r)l Oll>r N tn Nl oJt-,iI{nlEls a I stsl3l ci c'i d r'.1 dl.ctl Fl F{ sf rol NlOl N Fr rn rll Ol:l* dElc s I stsl3l ,ri c.,i oi +l ctl!l o or 00 0l orlol N m Nt 0olgl* "'l _,o @ o ol 001Ht;3 3:t3l:=l F{ CD (n Nl r{l =lS m FrSlH|3 H * 3l*l=l Fl Fl Ot Nl sfl =lS ' N rrr5lFlH I $ 3l$l=l ot ot fn Nl lnl=ts - ^'H o 00 0 0l 001ct I9 e el ql cl O sf O (ol Ol Ol F{ Ctr F{ ml Ol cLl N t') Nl r{l<t\ _r.lvlt o o oo ol 001ct q q 4 el '/)l cl Ln rn o (ol sflOl r.rr F{ rJ) Nl ctrlCLI N r{ (o rll t-rl<'> -{'l {/T O cn ol Ol Nlct q n \ el clcl t.o N (o €l Fll ol o o't fn cnl l\lalN |ft Nlolt > _r.lvr{ q8 S I 8lSl8ls n s HlEl(t\ .o o o ololcl o o o ol ol 9l d ,'i oi oil -il =l rr d 0O 0Ol Ol(JI c{ F{ Fll (Ol 1t\ .o rn o ol mlgl O F{ O Ol F{l 9l ,t; * oi dl c.il6rfi - * Rt$l ,;lE q E qql Sls * il HI$ Hl E e e q ql :l ln $ |fl o +l,.gl Fl Ctl lrl Ol u1l Els o-31 o 00 0 0l 6l *,'9 9 q ql ql CIR $ H HIEIv> .r.,1vx c- €E PE $ E E ,;le E fr etfrl813 s 3 hlslgls'." r'r oj {/il ,;lE q R etql318 $ S Rl:l 5ls m o'trgl Hl qqqqel tlfi E H $lHfil q q r er al fln*ilHtH .!l E I E Gl 6 E 5 E .ts| E : E :tn= (9t i:E ta F tllo() ut(Jz UJ0ctu ltzo(J UJ f(9 UJJ J 4 (J = D = oo 581dd 9sl Ll cl ol iloltrlol J8l clol blrtsl clolul JI>lul NI F{lolNl olcl5l -l €E ,E^[ p # i;gE E g E €t -E^[ a # =gE F g E El o o o oo or oor El o o o oo or €ltll O sl O rn Ol Fl olo Fl o <l ol lnl;l ri.idoddl dl 3l cictuie.iF.l sl rarErE-rl F sl ft1 N Nl orl lrl o ro N r\ sfl ol ol ;- :l cgl*" :'*'H gl*- 5-'fi Fl--f; cl o o o o u1 ol rrrl=l O O O O rf) Ol lnl Hl ,ri d d d d; d;l Fil dl Fi F{ ft1 <l oo sfl (Y1l 6l oo ln 00 ml (ol =l* F{ d Elx e iEl { *rro O O rr O Ol Fl=l q q q 4 0q ql c'?l fil o oo o o o lnl c\tlvr tJ) (o (t1 sf Ft lnl Fl ctl sl $ (nl c{l <t> F{ d Elx p;3t EtrI E ! 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Recitals A. Englewood and Denver Water share important interests in the South Platte River. Both entities divert some portion of their drinking water supply from the river, and the river provides important recreational amenities for reside,ns and visitors within their respective service .ueas. B. Englewood diverts water for its freatment plant fiom the South Platte River at Union Avenue. During the winter months ofNovember I to March 31, the hardness of the water can exceed 250 mglL as CaCO3, creating problems for.Englewood's customers. C. Denver Water and Englewood have a long history of litigation in water court over their respective water rights. Englewood and Denver Water have determined that continued litigation will not provide benefit to either of them or their customers, and that the best result can be achieved by resolving their differences D. Grand County is a co-applicant with Denver Water in Case No. 1lCWl52, which provides for delivery of water for environmental purposes in Grand County, using, arnong other facilities, the Cabin Meadow Creek System in which both Englewood and Denrrer Water have an ownership interest. Agreement 1. Future Cooperation Regarding Urban Reach ofthe South Platte. Englewood and Denver Water share a goal of improving the condition of flows in the urban reach of the South Plat e River To firther that shared goal, Englewood and DenVer Water commit to work with the Colorado Water Conservation Boad and the parties to the Chatfield Reallocation Project to explore means by which flows in the urban reach could be inproved. 2. Payrnent to Resolve Englewood's Hardness Problem. Denver Water agrees to pay $600,000 to Englewood for the purpose of resolving the hardness that occasionally occurs in Englewood's drinking water. Englewood agrees that suchpaymentwill be used exclpsively to resolve its hardness issues and that no firther connibution or participation will be asiffdd or expected from Denver Water. Within 60 days ofthe date of execution ofthis Settlement 03/t4/20t3 Agreement, Denver Water will pay the entire amount into a firnd designated by Englewood and restricted to use for this purpose. 3. Conditional Water Rights. \Mith regard to all conditional water rights presenfly owned by either Party, including the following cases, Englewood and Denver Water agree to withdraw all opposition to each other's pending diligence filings and agree not to oppose pending or futue diligence applications, including applications to make conditional water rights absolute. Exhibit 1 contains a complete list of conditional water rights presently owned by Englewood and Denver Water. Denver Vy'ater's oending diligence cases: a. Case No. 2008CW159 @iligence for C.A. 3635 senior slshange, claimin g additional 23 cfs absolute) Other Denver Water conditional water rights: a. Case No. 2007cW322(Junior Lupton Lakes storage righ| b. Case No. 2001CW286 (South Complex Storage Righ| c. Case No. 2001CW287 (Recycle Plant Water Right and Exchange and Substitution RighQ d. Case No. 2001CW285 (SKDirect Flow Water Righfl e. Case No. 2009CW264 (South Complex First Enlargement Righ| f. Case No. 2009CW123 (Gravel Pit Excbange Right) g. W-8783-77 (Chatfield storage and exchange) h. C.A. 3635 (senior exchange) i. C.A.3286 (exchanges to Two Forks Reservoir) Englewood conditional water rigfits: a. Case No. 89CW063 (McBroom Mrxricipal lntake RighD b. Case No. 90CW220 (Bear Creek Exchange Righto c. Case No. 90CW219 (Mcletlan Enlargement and Refill) d. CaseNo. 9ACW222 (ChatfieldManifold Decree) e. Case No. 90CW221 (Union Avenrre Intake and Gravel Pit Reservoir) f. Case No. 85CW393 (Como Reservoir) g. Case No. 90CW223 (Non-hibutary exchange) h. Case No. 14CW3011 (Pershin Sprine) 4. Environmental Flow Application 11CW152. Englewood wili stipulate to adecree and withdraw its statement of opposition in Case No. 11CW152, currently pending in Water Division 5, provided that the decree contains language stating that the Gross Reservoir Substitution Rigbt o3lt4l2O73 t included as part of thel lCW152 application shall not be constrred as establishing any legal precedent for any other potential substifution. Englewood waives any claims related to Denver Water's use of the Cabin Meadow Creek System as proposed inthis case. Englewood agrees not to participate in any futrue proceedings in this case, including fuhre diligence apptications and applications to make conditional water rights absolute. The Parties will pay their own costs and fees. 5. Cabin-Meadow Creek Svstem. Ownership and operation of the Cabin-Meadow Creek Systenr" including Meadow Creek Reservoir, (CMC System) are govemed by an agreement between Englewood, Denver Water, and Cypnrs Climax Metals Company, dated August 11, 1995 (1995 Agreement). a. Denver Water agrees and acknowledges that the operations contemplated by the application in I lCW152, which was filed in partial fulfillment of Denver Water's obligations under the Colorado River Cooperative Agreement (CRCA), shall not impact its water delivery and other obligations to Englewood under the 1995 Agreement. b. Englewood shall not object to the use of the CMC System or delivery of water through the CMC System under any application or frade to provide flows to Grand County or the Grand County Mutual Ditch and Reservoir Company (GCMD&RC) under the CRCA. c. Any use of Meadow Creek Reservoirunderthe CRCA shall be consistent withthe 1967 agreementbetween Grand County lrigated Land Company (Vail Ditch) and Englewood regarding use and storage of Vail Ditch water rights. Under Article III.E-2l of the CRCA, the GCMD&RC, which has acquiredVail Ditch shares, will pay for any necessary new infrasfiucture and will reimburse Denver Water for additional operational costs athibutable to delivery or use ofthose shares. To the extent the reimbursement to Denver Water relates to operational costs of the CMC System specif,rcally, f)enver Water will pay to Englewood and Climan their proportionate share under the 1995 Agreement of the reimbursement for expenses incurred. d. Englewood shall not be responsible for any costs associated with use of the CMC System for CRCA purposes. 6. Resolution of Disputes under 1995 Agreement. a. Englewood and Denver Water have resolved all iszues with regard to the 1995 Agreement. Englewood shall withdraw its Notice of Default dated January 30, 2012, and shall dismiss with prejudice its complaint in Case No. 2012CW166. o3lL4l2O13 7, b. Denver Water agrees to withdraw its requests for attomeys' fees against Englewood in Case No. 2012CW166, if such requests are not mooted by Englewood's dismissal with prejudice. c. To avoid future disputes, Englewood andDenver Water agreeto amend Paragraph 7.2 of the 1995 Agreernent, with the consent of Climax" to read as follows: Denver's Water Rights. Denver may divert under its Cabin Meadow Creek water rights decreed in C.A. 1430, (dtscribed in that decree as the MofFat Tunnel Collection System) or under any other water right and divert by exchange or substitution pursuant to Case No. I I CWl52, provided that Denver shall divert for beneficial use during any ten consecutive years a minimum of 26,500 acre feet of water under the Englewood CMC Water Rights (W- 750-73) subject to legal, regulatory or physical availability. Resolution of Other Water Court Cases. a. South Platte Cases. Englewood agrees to withdraw its opposition to the following pending Denver Water applications and not to participate in any future proceedings in these cases, including futue diligence applications and applications to make conditional water rights absolute. i. Case No. 2008CW226 (lnvemess Plan for Augmentation) ii. Case No. 2013CW3041 (South Complex Mounding Drain Aug Plan) iii. CaseNo.2012CW05 (Issue bifiucatedfrom 2004CW121 - LIRF case) Blue River Cases. Denver Water recognizes that Englewood is a party to the Blue River Decree. Englewood agrees to withdraw its oppositio:r to the following pending cases andnotto participate in any future proceeding in these cases, including funue diligence applications and applications to make conditional water rights absolute. i. Petition to implement Green Mountain Reservoir Administrative Protocol Q013CW3077). ii. Application and amendments to the Blue River Decree diligence claim and claim to make conditional rights absolute (Case No. 2006CW255). Avoidance of a"Regulatory Action." Underparagraph 6.2 of the 1995 Agreemen! deliveries of water to Englewood could be adversely affected by a Regulatory Action, as defined in paragraph 2.1 of that agreement. Englewood may, without violating the provisions of this Settlement, file a statement of opposition or intervene in aoy court action that presents a reasonable possibility of 03/L4/2Ot3 becoming a Regulatory Action that could reduce the amount of water laurflrlly divertible bythe CMC System. d. Englewood's Participation in Other Litigation. Englewood may, without ' violating the provisions of this Settlement, file a statement of opposition or intervene in any court action involving the following matters. Englewood agrces . to limit its participation in the litigation to the specific issue described- i i. A court action determined by Englewood to pose a potential risk to its W- : 750-78 decree. ii. A court action in which Englewood determines that its failure to participate could jeopardize its status as a party to the Blue River Decree. iii. A court action challenging the Blue River Decree that arises from futrue adoption of the Public Tnrst Dochine in Colorado. 8. Resolution of Disputes with Grand County. a. Englewood agrees not to oppose any application filed in Water Division 5: (1) by Grand Cournty or the GCMD&RC, or (2) to implement the CRCA or the Windy Gap Firming Project Intergovemmental Agreement. b. Grand County agrees not to oppose any future application filed by Englewood in Water Division 1. 9. Release of Current Claims. In order to avoid firture disputes, Englewood agrees to release the following claims againstDenver Water as ofthe effective date of this Settlement: a. Claims related to Englewood's water guallty; b. Claims related to the use and operation of De,nver Water's gravel pits and wastewater outfalls, or their functional equivalent, used to operate exchanges under C.A, 3635. c. Permitting for Gross Reservoir enlargement; Chatfield Reallocation; and permits previously obtained or not obtained for the construction of Denver Water structures and facilities. d. Claims related to Denver Water's water supply operations and accounting. 10. Actions bv Enelewood against Denver Water. Englewood agrees not to file an administrative or judicial action (Action) against Denver Water alleglng injury to its water rights from Denver Water's operations unless all the following conditions have been satisfied: 03/t4l2OL3 Englewood has advised Denver Water of a specific operation allegedly in violation of one of Denver Water's decrees, which Englewood believes in good faith has caused or is likely to cause injury to Englewood's water rights. Englewood has set forth with particularity the factual basis of the alleged iqiury to its water rights, including the specific deoree violation allegedly attributable to Denver Water's operations. Englewood has consulted with Denver Water prior to filing zuch an Action, and Englewood and Denver Water havo made a good faith effort to resolve Englewood's claim of injury, specifically including the use of mediation prior to the filing of any Action ifthe claim cannot otherwise be resolved. Englewood and Denver 'Water will jointly select the mediator and equally share the costs of suoh mediation. ln any Action, Englewood shall have the initial burden of going forward to establish the prima facie facts of the allegedinjury to its water rights and the causal link between that rnjury and the alleged desree violation Denver Water may, without admitting injury or establishing precedent propose operational procedures to prevent the alleged injury. The bwden of proof in any such Action shall be determined by the nature of the Actioq except that the burden of proof established in paragraph 10(d) above shall apply regardless of the nature of the action- f. This paragraph shall not be deemed to alter in any way Englewood's obligations under the preceding paragraphs of this Settlement. 11. Accountine for Denver Water Operations. Exhibit 2 contains copies of Derver Water's current accounting for Strontia Sprittgs and CheesnanReservoirs. To improve Fngl6\vesd'g understanding of its exchanges, Denver Water agrees to add line items to its South Plafie River accounting to depict exchanges on deliveries of water by entities other than Denver Water, and Denver Water's delivery of replacement water to such entities. Denver Water agrees to use the accounting depicted inExhibit 2, revised as described in the preceding sentence, for Chadield, Eleven-Mile and Antero Reservoirs, if acceptable to state water officials. Denver Water will provide copies of its accounting sheets to Englewood on a regular basis. Without violating the provisions of the Settlement, Englewood may object to material changes in Denver Water's accounting with state water officials, provided that the conditions in paragraph 10 are satisfied. d. e. 03/L4l2OL3 THEREFORE, Englewood, Grand County, and Denver Water have executed this Settlement. CITY OF ENGLEWOOD ATTEST: By: By:Mayor Citv Clerk REGISTERED ANID COTJNTERSIGNED : Dennis J. Gallagher, Auditor CITY A].{D COUNTY OF DENVER n, .':-fi' e{ Grand County Cle{-and Recorder i'J,:fi:'' -- "l*i:g.to< rn r rt*' ATTEST: BOARD OF COIINTY COMMTSSIONERS, COUNTY OF GRAI\ID By: CITY AIYD COT]NTY OF DEIYVER Acting by aud through its 03lL4(2OL3 Exhibit I Denver Water's Conditional Water Rights Water Right Name Source Case No. A/ater Division No. 1 North and South Reservoir Comolex - Fill and Refill South Platte River 2001cw286 -upton Lakes Sloraoe Comolex - Fill and Refitl South Platte River 2007cw322 3ravel Pit Exchange South Platte River 2009cw123 Souh Complex Moundino Drain South Platte River 2009cw264n013CW3041 Recyclinq Plant Intake South Platte River 2001cw287 5K Eirect Flow Riqht South Platte River 2001cw285 3ross Reservoir Storaqe Riqht South Boulder Creek c.A.12111 ialston Creek Reservoir Storaoe Rioht South Boulder Creek c.A.12111 South Boulder Diversion Conduit South Boulder Creek c.4.12111 Denver Power Conduit No- 1 South Boulder Creek c.A.12111 Ralston Creek Reservoir Ralston Creek w-7561 lono Lake No.1 (Uooer)Ralston Creek c.A.60052 ionq Lake No. 2 (Lower)Ralston Creek c.A.60052f{alston Creek lntake Ralston Creek w-7561 lhatfield Reservoir Storaoe and Exchanoe South Plafte River w-8783-77Iwo Forks Reservoir Storage Exchange and Refill South Platte River c.4.3286 Exchanqe din DenverWater Svstem South Platte River c.A. 3535 Foothills Tunnel and Conduit No. 26 South Platte River 80cw408=leven Mile Canon Reservoir Znd Enlaroement South Fork South Platte River c.4.3701 A/aler Division No. 5 lllon Reservoir Refill Riqht Blue R, Snake R. Ten Mile Cr 87CW376 Blue River Diversion Proiect Blue R, Snake R. 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