HomeMy WebLinkAbout2014-05-05 (Regular) Meeting Agenda Packet1. Call to Order.
2. Invocation.
3. Pledge of Allegiance.
4. Roll Call.
Agenda for the
Regular Meeting of the
Englewood City Council
Monday, May 5, 2014
7:30 pm
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
5. Consideration of Minutes of Previous Session .
a. Minutes from the Regular City Council Meeting of April 21, 2014.
6. 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. On behalf of the Englewood Cultural Arts Commission, City Council Member Jill Wilson and
other Cultural Arts Commission members, members of the Englewood School District and the
Englewood Education Foundation will present scholarships to area students.
b. Paul Evans and/or Lila Downing will be present to accept the 2014 Aid to Other Agencies
donation for the Englewood High School After Prom and the Homecoming Parade.
c. Students from the joint Englewood High School/Colorado's Finest Alternative High School
Destination Imagination Team will be present to address City Council regarding the team 's
acceptance into the global finals.
Please note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
Englewood City Council Agenda
May 5, 2014
Page 2
7. 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.
8. Communications, Proclamations, and Appointments.
a. Proclamation naming Kells Waggoner as Englewood's Citizen of the Year for 2014.
b. Proclamation recognizing May 2014 as Older Americans Month.
c. Proclamation recognizing May 11 through 17, 2014 as National Police Week.
d. Proclamation declaring May 1 7, 2014 as National Kids to Parks Day.
9. Consent Agenda Items
a. Approval of Ordinances on First Reading.
b. Approval of Ordinances on Second Reading.
1. Council Bill No. 22, amending sections of Title 16 of the Englewood Municipal Code
pertaining to non-conforming structures.
ii. Council Bill No. 23, authorizing an Intergovernmental Agreement to allow the City of
Englewood's participation in the Colorado Information Sharing Consortium (CISC).
iii. Council Bill No. 25, 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.
c. Resolutions and Motions.
i. Recommendation from the Finance and Administrative Services Department to
approve a resolution quantifying and appropriating funds for the construction of
Duncan Park improvements. Staff Source: Frank Gryglewicz, Director of Finance and
Administrative Services.
ii. Recommendation from the Public Works Department to approve, by motion, a
contract for the construction of Duncan Park improvements. Staff further recommends
awarding the contract to the lowest acceptable bidder, American Civil Constructors,
Inc. in the total estimated amount of $1,448,765.15. Staff Source: Dave Henderson,
Deputy Public Works Director.
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
Englewood City Council Agenda
May 5, 2014
Page 3
10. Public Hearing Items. (None Scheduled)
11 . Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading.
i. Council Bill No. 27 -Recommendation from the Finance and Administrative Services
Department to adopt a bill for an ordinance authorizing the addition of Section 6 to
Title 7, Chapter 5 of the Englewood Municipal Code adding language regarding the
method used (resolution) for setting fees and charges related to the registration of sex
offenders. Staff Source: Frank Gryglewicz, Director of Finance and Administrative
Services.
ii. Council Bill No.26 -Recommendation from the City Attorney's office to adopt a bill
for an ordinance authorizing an amendment to Title 7, Chapter 6B, Subsection {A){2) of
the Englewood Municipal Code pertaining to the prohibition of loitering in or about a
school building or grounds. Staff Source: Dugan Comer, Prosecuting Attorney.
iii. Council Bill No. 24 -Recommendation from the Community Development
Department to adopt a bill for an ordinance amending sections of Title 16 of the
Englewood Municipal Code pertaining to site improvement plans . Staff further
recommends that Council set a Public Hearing for May 19, 2014 to gather public input
on the proposed amendments. Staff Source: Chris Neubecker, Senior Planner.
b . Approval of Ordinances on Second Reading.
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
a search firm to assist in the hiring of a new City Manager. Staff Source: Frank
Gryglewicz, Director of Finance and Administrative Services.
ii. Recommendation from the Littleton /Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion, a construction contract for the Interim
Disinfection Improvement Project located at the Littleton/Englewood WWTP. Staff
further recommends awarding the contract to the lowest acceptable bidder, RN Civil
Construction, in the amount of $432,000. Staff Source: Stewart Fonda, Director of
Utilities and Chong Woo, Engineering and Maintenance Manager.
12. General Discussion .
a. Mayor's Choice.
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(303-762-2405) at least 48 hours in advance of when services are needed.
Englewood City Council Agenda
May 5, 2014
Page 4
b . Council Members' Choice.
i. Selection of a search firm to hire a new City Manager.
ii. Arapahoe County Fair sponsorship on July 24, 2014.
13. City Manager's Report.
14. City Attorney's Report.
15. Adjournment.
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
NSCFIEDO[ P-UBLIC CDMMEN:r.
May 5, 2014
PLEAS BRl~T
NAME ADDRESS
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PROCLAMATION
WHEREAS, each year the City Council of the City of Englewood,
Colorado honors a Citizen of the Year who has made significant contributions
to the community of Englewood; and
WHEREAS, Kells Waggoner is a long-time Englewood resident who has devoted
years of service to the City of Englewood; and
WHEREAS, Mr. Waggoner served as Englewood's Public Works Director from 1964
to 1990, during a period of major growth and development in Englewood; and
WHEREAS, even after he left his employment at the City of Englewood, Mr.
Waggoner was committed to making a difference in his community and he successfully ran
and served eight years on Englewood City Council; and
WHEREAS, Mr. Waggoner has also helped develop policy and guide improvements
in Englewood through his volunteer service on Englewood's Planning and Zoning
Commission and the Englewood Water and Sewer Board; and
WHEREAS, Mr. Waggoner has maintained a strong commitment to the City of
Englewood for nearly four decades; and
WHEREAS, the Englewood City Council wishes to honor Kells Waggoner for his
many contributions to the City and community of Englewood;
NOW, THEREFORE, we, the City Council of the City of Englewood, Colorado
hereby take great pride in proclaiming
Kells Waggoner as Englewood's Citizen of the Year for 2014
ADOPTED AND APPROVED this 5th day of May, 2014.
Randy P. Penn, Mayor Rick Gillit, City Council Member
Linda Olson, Mayor Pro Tern Joe Jefferson, City Council Member
Bob Mccaslin, City Council Member
Jill Wilson, City Council Member
Steven R. Yates, City Council Member
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PROCLAMATION ~ ~
WHEREAS, Senior Citizens Month was established in 1963 by President John F. Kennedy
encouraging the nation to pay tribute in some way to older people across the country; and
WHEREAS, in 1980, President Jimmy Carter changed the name to Older Americans Month; and
WHEREAS, ten percent of the City of Englewood, Colorado population is over the age of sixty; and
WHEREAS, the older adults in the City of Englewood, Colorado have made countless contributions
and sacrifices to ensure a better life for future generations; and
WHEREAS, we recognize the value of injury prevention and safety awareness in helping older adults
remain healthy and active; and
WHEREAS, the Englewood community can provide opportunities to enrich the lives of individuals
young and old by:
• Emphasizing the need to take action to safeguard themselves from unintentional injuries where
they live, work and socialize.
• Providing information on avoiding leading causes of injury for older adults.
• Helping older adults take control of their safety.
WHEREAS, the City of Englewood, Colorado Malley Senior Recreation Center which has a
membership of 2,634 is committed to helping all individuals live longer, healthier lives; and
WHEREAS, the Malley Senior Recreation Center will be celebrating Older Americans Month with a
variety of activities to support the mission to keep seniors healthy and independent.
NOW THEREFORE, I, Randy P. Penn, Mayor of the City of Englewood, Colorado, hereby proclaim
May 2014:
~~.&).._CANS MONTH:
........... ~TH TOMORROW
in the City of Englewood, Colorado.
BE IT FURTHER RESOLVED that the Mayor and City Council of the City of Englewood, Colorado
reaffirm our commitment to
GIVEN under my hand and seal this 5th day of May, 2014.
Randy P. Penn, Mayor
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PROCLAMATION
WHEREAS, there are approximately 900,000 law enforcement officers serving in
communities across the United States, including the dedicated members of the Englewood Police
Department; and
WHEREAS, nearly 60,000 assaults against law enforcement officers are reported each year,
resulting in approximately 16,000 injuries; and
WHEREAS, since the first recorded death in 1791, almost 20,000 law enforcement officers in
the United States have made the ultimate sacrifice and been killed in the line of duty; and
WHEREAS, the names of these dedicated public servants are engraved on the walls of the
National Law Enforcement Officers Memorial in Washington, D.C.; and
WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored
during the National Law Enforcement Officers Memorial Fund's 26th Annual Candlelight Vigil,
on the evening of May 13th, 2014; and
WHEREAS, the names of these fallen heroes are being added to the National Law
Enforcement Officers Memorial this spring; and
WHEREAS, Peace Officers Memorial Day occurs on May 15th, in honor of all fallen officers
and their families where U.S. flags are flown at half staff;
NOW THEREFORE, I, Randy P. Penn, Mayor of the City of Englewood, Colorado, hereby
proclaims the week of May 11th through the 17th, 2014, as:
POLICE WEEK
and publicly salutes the service of law enforcement officers in the City of Englewood and in
communities across the nation.
I urge all citizens of Englewood, Colorado to join in the commemoration of police officers, past
and present, who by their faithful and loyal devotion to their responsibilities have rendered a
dedicated service to the City of Englewood and, in doing so, have established for themselves an
enviable and enduring reputation for preserving the rights and security of all citizens
GIVEN under my hand and seal this 5th day of May, 2014.
Randy P. Penn, Mayor
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PROCLAMATION
WHEREAS, May 17th, 2014 is the second National Kids to Parks Day organized and launched
by the National Park Trust; and
WHEREAS, National Kids to Parks Day empowers kids and encourages families to get
outdoors and visit America's National Parks; and
WHEREAS, it is important to introduce a new generation to our National Parks because of
the decline in park attendance over the last decades; and
WHEREAS, we encourage children to lead a more active lifestyle to combat the issues of
childhood obesity, diabetes mellitus, hypertension and hypercholesterolemia; and
WHEREAS, National Kids to Parks Day is open to all children and adults across the country
to encourage a large and diverse group of participants; and
WHEREAS, National Kids to Parks Day will broaden children's appreciation for nature and
the outdoors;
NOW THEREFORE, I, Randy P. Penn, Mayor of the City of Englewood, Colorado, hereby
proclaim May 17th, 2014 as:
NATIONAL KIDS TO PARKS DAY
in the City of Englewood, Colorado. I urge all of our residents to take the children in their lives
to a neighborhood, State or National Park.
GIVEN under my hand and seal this 5th day of May, 2014.
Randy P. Penn, Mayor
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 22
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AMENDING TITLE 16, CHAPTER 2, SECTION 2 AND CHAPTER 9,
SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO
NONCONFORMING STRUCTURES.
WHEREAS, in 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 density, if the existing
structures are over the currently allowed density; and
WHEREAS, CHDA recently purchased and renovated th.e 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-B, and are used for affordable housing with a
variety of rental rates. If these apartment buildings were damaged or destroyed to the extent 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. CHDA and its
financing partners are concerned about the potential loss of value in case of significant damage to
the buildings; and
WHEREAS, the concerns raised by the CHDA 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 bum 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 existing zoning at the lower density; and
WHEREAS, due to this potential loss of value, some lenders have concerns about the
financing of these properties; and
WHEREAS, the proposed text amendment language is broader than originally proposed by
the Community Housing Development Association (CHDA).
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
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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, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 2, Section 2 entitled Summary Table of Administrative and Review Roles
of the Englewood Municipal Code 2000, to read as follows:
16-2-2: Summary Table of Administrative and Review Roles.
The following table summarizes the review and decision-making responsibilities of the entities
that have specific roles in the administration of the procedures 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 with, 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 Reuse of Designated 16-5-3 .I R R D .I .I None
Historical Buildings
Administrative Adjustments 16-2-17 .I D A None
Administrative Land Review 16-2-11 .I D A 60 days to record
Permit
Amendments to the Text of 16-2-6 R R D .I None
this Title
Annexation Petitions 16-2-5 .I R R D .I .I None
Appeals to Board 16-2-18 .I D .I None
Comprehensive Plan 16-2-4 R R D .I None
Amendments
Conditional Use Permits 16-2-12 .I R D A .I .I 1 year
Conditional U se -16-7 .I R D A .I .I .I None
Telecommunication
Development Agreements 16-2-15 R D As stated in
Agreement
Floodplain Dev't. Permit and See Chapter 16-4 for applicable procedures and standards
Floodplain Variances
Historic Preservation 16-6-11 .I R R D .I .I None
Landmark Sign 16-6-13 .I D A .I .I
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Limited Review Use Permits 16-2-13 .I D A 1 year
Major Subdivisions 16-2-10
Preliminary Plat .I R R D .I .I .I 6 months to
submit Final Plat
Final Plat R R D .I .I .I 60 days to record
Simultaneous Review .I R R D .I .I .I 60 days to record
Preliminary Plat/Final Plat
Recorded Final Plat None
Minor Subdivision 16-2-11
Preliminary Plat .I D A 6 months to
submit Final Plat
Final Plat D A 60 days to record
Recorded Final Plat None
NQni<oofonning Structun:ls 16-9-3 .I JJ h,
Official Zoning Map 16-2-7 .I R R D .I .I .I None
Amendments (Rezonings)
PUD and TSA Rezonings 16-2-7 .I R R D .I .I .I None
Temporary Use Permits 16-2-14 .I D A As stated in
Permit
Unlisted Use Classifications 16-5-.I D A None
1.B
Zoning Site Plan 16-2-9 D A 3 years
Zoning Variances 16-2-16 .I R D .I .I 180 days
CM/D = City Manager or Designee (Including the Development Review Team)
PC = Planning and Zoning Commission
CC = City Council
BAA= Board of Adjustment and Appeals
1 Notice Required: See Table 16-2-3.1 Summary of Mailed Notice Requirements
Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 9, Section 3 entitled Nonconforming Structures of the Englewood Municipal
Code 2000, to read as follows:
16-9-3 Nonconforming Structures.
A. Applicability and Exemptions. This Section shall apply to all nonconforming structures,
as defined in Chapter 16-11 EMC, except that the following structures shall not be
considered nonconforming structures and shall be considered exempt from the terms and
limitations of this Section and Chapter:
1. Principal one-unit residential dwellings existing on the effective date of this Title,
and which as of that date are not in compliance with the minimum side setback
standards established in Chapter 16-6 EMC, shall not be considered
nonconforming structures due solely to the dwelling's noncompliance with the
minimum side setback standards. Such dwellings are "grandfathered," and shall be
considered legal, conforming structures for the purposes of sale and development
under this Title and other City building and safety regulations. All future
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expansions and alterations of such grandfathered dwellings shall comply with all
applicable standards of this Title, including minimum si4e setback standards,
unless the City grants a variance.
~· Multi-unit dwellings existing on the effective date ofthis Title. which are not in
compliance with the required minimum lot area per dwelling unit standards. shall
not be considered nonconforming due solely to noncompliance with the minimum
lot area per dwelling unit standards . Such dwellings are "grandfathered." and shall
be considered legal. conforming buildings or structures for the purpose of sale and
development under this Title and other City building and safety regulations.
However. all future expansions and alterations of such grandfathered dwellings
shall comply with all applicable standards of this Title. including minimum
setbacks standards. unless the Citv grants a variance.
B. Nonconforming Building or Structure.
1. A nonconforming building or structure may continue to be used, except as
otherwise provided herein.
2. A nonconforming 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.
3 . Notwithstanding the provisions of subsection A ~.2, above, a nonconforming
building or structure in a Floodplain District may be modified, altered, or repaired
to incorporate floodproofing measures , but shall not be extended or expanded.
~ }>fo BOB60Bformffig al:lildiflg or straetl%re that is destroyed or damaged to the exteBt
of more tha:H siJEty flereeBt (00%) of its valae, as determined fll:lFS\:laH:t to the
method of det0£Hlini.ftg the .,,al\:latioB of aaildiBgs for aailding flemHt isst1:anee ,
shall be repaired or reaailt exeeflt iB eomplianee with the re~airemeBts ofthis
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~ ~· If a nonconforming building or structure becomes conforming, it shall not be
changed back to a nonconforming building or structure.
6 ~· No person shall move a nonconforming 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.
C. Redevelopment of Nonconforming Buildings or Structures.
1. The City of Englewood encourages redevelopment of outdated. nonfunctional or
obsolete buildings and structures. In an effort to encourage redevelopment of such
buildings or structures and to promote economic development. nonconforming
buildings and structures may be removed and reconstructed. whether damaged or
not. only in compliance with the following requirements:
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The reconstructed building or structure shall not be more nonconforming
that the structure as it existed immediately prior to the reconstruction .
Redeveloped or reconstructed buildings or structures shall be allowed up to.
but not to exceed. the density of the nonconforming building or structure as
it existed immediately prior to the redevelonment. whichever is greater .
.I:!.. The reconstructed building or structure shall be brought into compliance as
much as practicable with existing zoning standards of this Code <Examples:
setbacks. parking. landscaping. bulk plane. etc.). The determination of
"practicable" will be made by the City Manager or designee based upon the
proposed use and design of the structure. site conditions. and current
industrv methods and standards. The City Manager or designee shall
consider not only what is possible. but also what is reasonable based on the
unique circumstances of the building or structure. proposed use. and site
conditions .
.Q.... If the damage to the nonconforming building or structure was caused by the
intentional act or criminal conduct of the owner of the nonconforming
building or structure. or the owner's agent or representative. the building or
structure shall only be rebuilt in compliance with this Title and shall not be
considered grandfathered under this Section. and furthermore shall not be
eligible for redevelopment under Section 16-9-3(C) EMC.
Regardless of any waivers or lessening of standards otherwise required in
this Title. all new development (including reconstruction of nonconforming
buildings or structures) shall meet the applicable building. fire and safetv
codes in effect at the time of application for a building permit.
D. Application Process.
1. Reconstruction of a nonconforming building or structure shall follow the Site
Improvement Plan Review process identified in Section 16-2-9 EMC. unless
variances are requested for other dimensional or development standards. In such
cases. variances shall follow the Zoning Variance process in Section 16-2-16
EMC.
2 . A building permit application for reconstruction of a damaged or destroyed
nonconforming building or structure shall be submitted within one (1) year from
the date of the event that caused the damage or destruction. If no building permit
application is submitted within one (1) year. damaged or destroyed nonconforming
buildings or structures on the site shall no longer be eligible for redevelonment
under Section 16-9-3(C) EMC. above and the redevelopment shall conform to the
dimensional and development standards of the applicable zone district
E. Appeals.
Any appeal from the City Manager or designee's decision shall be to the Board of
Adjustment and Aooeals pursuant to 16-2-18ffi) EMC .
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Section 3. Safety Clauses. The City Council hereby finds, determines, and declares that this •
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, suchjudgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 6. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, 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 newspaper on the 11th 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.
A Public Hearing was held on April 21 8
\ 2014.
Read by title and passed on final reading on the 5th day of May, 2014 .
Published by title in the City's official newspaper as Ordinance No._, Series of 2014, on
the 9th day of May, 2014.
Published by title on the City's official website beginning on the 7th day of
May, 2014 for thirty (30) days.
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This Ordinance shall take effect thirty (30) days after publication following final passage.
Randy P . Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No ._, Series of2014.
Loucrishia A. Ellis
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 23
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT OF THE
COLORADO INFORMATION SHARING CONSORTIUM (CISC).
WHEREAS, the Colorado Information Sharing Consortium (CISC) was established in 2007 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
management systems and other data systems; and
WHEREAS, allowing police officers to conduct ad hoc inquiries to match evidence, explore
tips and hunches, generate leads and solve crime; and
WHEREAS, in 2007 the original CISC was formed 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 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; 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
intergovernmental agreement; and
WHEREAS, no federal funding will be used by the City in the execution of this agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Intergovernmental Agreement for the City of Englewood to participate in the Colorado
Information 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.
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Introduced, read in full, and passed on first reading on the 21st 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.
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.
Read by title and passed on final reading on the 5th day of May, 2014.
Published by title in the City's official newspaper as Ordinance No. _, Series of 2014, on
the 9th day of May, 2014 .
Published by title on the City's official website beginning on the 7th day of
May, 2014 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis , City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No._, Series of 2014.
Loucrishia A. Ellis
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INTERGOVERNMENTAL AGREEMENT
OF THE
COLORADO INFORMATION SHARING CONSORTIUM
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RECITALS
DEFINITIONS
TABLE OF CONTENTS
Ql.. Definitions ........................................................................................................ 2
CREATION OF THE COLORADO INFORMATION SHARING CONSORTIUM
02. Creation of the CISC ......................................................................................... 2
Qb Principal Place of Business ............................................................................... 2
04. CISC Pucpose ................................................................................................... 3
DATA SHARING AGREEMENT
~ Data Sharing ..................................................................................................... 3
~ Data Use ........................................................................................................... 3
07. Personnel Authorized to Access Data ................................................................ 3
~ Pata Security .................................................................................................... 3
09. Pata Custody and Control ................................................................................. 3
l.Q.. Pata Accuracy .................................................................................................. 3
lL Intelligence Information .................................................................................... 3
POWERS OF THE COLORADO INFORMATION SHARING CONSORTIUM
12. Powers of the CISC ........................................................................................... 4
U Restrictions on Powers of the CISC ................................................................... 4
BOARD OF DIRECTORS
~ Board of Directors ............................................................................................. 5
U:, Number of Directors. Tenn. and Term Limits ................................................... 5
Ji.. Eligibility. Appointment. Removal. and Vacancies ............................................ 5
.lL. Compensation ................................................................................................... 5
l1L. Action of the Board at a Meeting ....................................................................... 5
1.2:. Committees ....................................................................................................... 6
20. Alternates and Absentee Voting ........................................................................ 6
£L. Representative's Right to Mend Meetings ........................................................ 6
MANAGEMENT OF THE CISC
22. CISC Manager .................................................................................................. 6
lb Additional Assistance from Assigned Employees .............................................. 7
FINANCIAL
~ Deposits and Expenditures ................................................................................ 8
25. Fiscal Agent ...................................................................................................... 8
26. Fiscal Year ........................................................................................................ 8
'IL No Multiple Year Fiscal Obljgatjons ................................................................. 8
RIGHTS OF PARTIES
~ No Duty to Pay Membership. Annual. or Other Fees ......................................... 8
~ Voluntary Assumption of Debts ........................................................................ 8
30. Financial Responsibility .................................................................................... 8
Intergovernmental Agreement of the Colorado Information Sharing Consortium
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~ Examination of Records .................................................................................... 8
~ Addjtjon of New Partjes .................................................................................... 9
Ji Right to Terminate Particjpatjon ........................................................................ 9
GENERAL PROVISIONS
~ Amendments ..................................................................................................... 9
l2.... Construction and Jntei:pretatjon ......................................................................... 9
36. Duplicate Counterparts ...................................................................................... 9
3 7. Entire Agreement ............................................................................................ 10
38. Goyeming Law ............................................................................................... 10
J2,. lndemnjfication ............................................................................................... 10
~ Mediation ........................................................................................................ I 0
~ No Third-Party Beneficiaries ........................................................................... 10
~ Severabjlity ..................................................................................................... 10
~ Tu.an ............................................................................................................... 10
~ Teanjnatjon .................................................................................................... I 0
Intergovernmental Agreement of the Colorado /11formatio11 Sharing Consortium
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INTERGOVERNMENTAL AGREEMENT
OF THE
COLORADO INFORMATION SHARING CONSORTIUM
THIS INTER GOVERNMENT AL AGREEMENT (the "Agreement") is effective as of
the [ 1 day of [ , 2014 (the "Effective Date," as further
defined below) by and between the Adams County Sheriffs Office, the Arapahoe County
Sheriffs Office, the City of Aurora, the Colorado Department of Public Safety of the State of
Colorado, the City of Colorado Springs, the City of Commerce City, the City and County of
Denver, the Douglas County Sheriffs 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
herein (individually a "Party" and collectively the "Parties").
RECITALS
WHEREAS, the Parties are each authorized to lawfully provide, establish, maintain, and
operate law enforcement services;
WHEREAS, Part 2 of Article I, Title 29 of the Colorado Revised Statutes (the "C.R .S.")
encourages and authorizes intergovernmental agreements for the joint and cooperative provision
of public services;
WHEREAS, C.R.S. § 29-1-203 authorizes governments 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;
WHEREAS, 21 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;
WHEREAS, 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 through a software product
known as COPLINK;
WHEREAS, 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 agreements with jurisdictions
outside the State of Colorado;
WHEREAS, the Parties and other signatories of the MOU have agreed to organize and
operate a separate legal entity pursuant to C.R.$.§ 29-1-203(4), which shall be known as the
Colorado Information Sharing Consortium; and
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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, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the Parties hereby agree as follows:
DEFINITIONS
1. Definitions. In addition to the above defined tenns, 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. "Data" shall mean facts, detailed information, police report narratives,
supplemental report narratives, other text-related information as detennined and released
by each Party's internal information sharing policy, and other materials provided by a
Party to the CISC. "Data" shall not mean Intelligence Information (defined 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. § 24-72-302( 4 ).
g. "Manager" shall mean a person who is assigned to manage the day-to-day
operations of the CISC .
b. "Representative" shall mean the chief law enforcement officer of each Party or
the person designated by the chief law enforcement officer of each Party.
CREATION OF THE COLORADO INFORMATION SHARING CONSORTIUM
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 Consortium, or CISC, which
shall have the powers, authorities, duties, privileges, immunities, rights, and responsibilities as
set forth herein.
3. Prjncjpa! Place of Business. The principal place of business of the CISC shall be 1500 I
East Alameda Parkway, Aurora, CO 80012, unless and until otherwise established from time to
time by the Board .
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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.
DATA SHARING AGREEMENT
S. 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 governmental 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 official 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 Part 2 or Part 3 of Article 72, Title 24, C.R.S. or pursuant 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. Intelligence Information.
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 Part 23 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 of the 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 official
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 Information Sharing Consortium
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request under Part 2 or Part 3 of Article 72, Title 24, C.R.S. or pursuant to a subpoena
unless specifically ordered to do so by a court of competent jurisdiction.
POWERS OF THE COLORADO INFORMATION SHARING CONSORTIUM
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. Acguire Property. 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, maintain, 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 of such agents for services rendered to
the CISC;
h. Fees and Charges. To assess, fix, maintain, 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;
k. Recejve Contributions. To receive contributions of gifts, grants, or services; and
I. Terminate a Party's Participation jn 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:
a • Eminent Domain. To take property by eminent domain;
Intergovernmental Agreement of the Colorado Information Shar;ng Consortium
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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.
BOARD 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. Nymber of Directors. Tenn. and Tenn 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. Eligibility. Agpointment. Remoyal. 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, 20 IS.
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 perfonning duties for the CISC. At no time
shall a Director or a Representative be considered an employee of the CISC.
18. Action by the Board at a Meeting. 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. Quorum. The attendance of at least a majority of the Directors of the Board shall
constitute a quorum for the transaction 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 InformaJio11 Sharing Consortium
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c. 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 committees 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 alternate, 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 concerning the CISC .
22.
MANAGEMENT OF THE CISC
CISC Manager.
a. 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 of the 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. Tum1. 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
notification requirements .
Intergovernmental Agreement of the Colorado Information Sharing Consortium
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e. 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 Party 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.
23. Additional Assistance from Assigned Employees.
a. Appointment. The Board may seek an Assigned Employee from the 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. TumL. 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 Parties 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
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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.
FINANCIAL
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 1 through December 31 of each
year.
27. No Multiple 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.
RIGHTS OF PARTIES
28. No Duty to Pay Membershjp. 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 ofa 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. Voluntar:y 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 ResponsjbiHty. The ClSC 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 authorized 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 three (3)
years after the date of the fiscal transaction.
Intergovernmental Agreement of the Colorado Information Sharing Consortium
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32. Addition of New Parties.
a. Law Enforcement Requirement. All Parties, and any entity or agency that
becomes a Party, must be governmental entities or agencies that are authorized to
lawfully provide, establish, maintain, and operate Jaw enforcement services.
b. Sjgnatorjes 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 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.
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 CJSC. 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. Rieht to Tenninate 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.
GENERAL PROVISIONS
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 in any way affect the meaning or interpretation of
this Agreement.
36. Duplicate Counterparts. This Agreement may be executed in 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.
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37. Entire Agreement. 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. Governing 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 l 0, Title 24, 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 officials of
each Party (e.g., the Mayor of a city or the County Commissioners of a county) who wilt 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 Parties 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-Party 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
Agreement's terms in any entity or person not a Party to this Agreement 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. Tum1. 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 (75%) 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 sworn 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.
[SIGNATURE PAGES TO FOLLOW)
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IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the
Effective Date.
The Adams County Sheriff's Office
By:
Name: Doug Darr
Title: Adams County Sheriff
Date:
The Arapahoe County Sherifrs Office
By:
Name: David C. Walcher
Title: Arapahoe County Sheriff
Date:
Intergovernmental Agreement of the Colorado Information Sharing Consortium
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The City of Aurora
By:
Name:
Title:
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The Colorado Department of Public Safety
By:
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Title:
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Intergovernmental Agreement of the Colorado Information Sharing Consortium
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Attest:
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The City of Colorado Springs
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The City of Commerce City
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The City and County of Denver
By:
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The Douglas County Sberifrs Office
By:
Name: David Weaver
Title: Douglas County Sheriff
Date:
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Intergovernmental Agreement of the Colorado Information Sharing Consortium
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The City of Grand Junction
By:
Name:
Title:
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The Board of County Commissioners of the County of Jefferson
By:
Name:
Title:
Date:
Intergovernmental Agreement of the Colorado Information Sharing Consortium
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The Board of County Commissioners oftbe County of Mesa
By:
Name:
Title:
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lntergovermnenta/ Agreement of the Colorado Information Sharing Consortium
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SEPARATE SIGNATURE PAGE
TO THE
INTERGOVERNMENTAL AGREEMENT
OF THE
COLORADO INFORMATION SHARING CONSORTIUM
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 all 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: Mayor
Date: May 5, 2014
Attest:
Name: Loucrishia A. Ellis , City Clerk
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Separate Signature Page
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ORDINANCE NO .
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 25
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE
COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE PREVENTION AND
CONTROL REGARDING JOINT STAFFING AND OPERATION OF A STATE WILDLAND
FIRE ENGINE AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, wild.land 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
Department of Public Safety Division of Fire Prevention and Control (DFPC) being the lead state
agency for wild.land 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 of any 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 boundaries 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
extinguish, the fire chief may transfer responsibility for the fire to the county sheriff with the
concurrence of the 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 fires, and may assume
command of such incidents with the concurrence 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 managing forest and wild.land
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 protecting, as needed, as part of
a resource mobilization for fires; and
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WHEREAS, 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; and
WHEREAS, the intergovernmental agreement between the Colorado Department of Public
Safety Division of Fire Prevention and Control and the City of Englewood is for the joint staffing
and operation of a State-owned wildland fire engine; and
WHEREAS, the accompanying 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 in the 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 fire engine other than providing
garage space for the wildland fire engine and office space for the State wildland firefighter assigned
to the vehicle.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
"Intergovernmental 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
"Memorandum 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 staffmg and
operation. Federal funds may be used to reimburse the State under this agreement.
Introduced, read in full, and passed on first reading on the 21st 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.
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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.
Read by title and passed on final reading on the 5th day of May, 2014.
Published by title in the City's official newspaper as Ordinance No. __y Series of 2014, on
the 9th day of May, 2014.
Published by title on the City's official website beginning on the 7th day of
May, 2014 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No._, Series of 2014 .
Loucrishia A. Ellis
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INTERGOVERNMENTAL AGREEMENT
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 AUTHORITIES
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. § 24-1-110 (1) (u) and 24-33.5-103.
Statutory Authorities
C.R.S. § 13-21-113.7
Title 24, Article 10, C.R.S.
C.R.S. § 24-33.5-1201 (4)
C.R.S. § 24-33.5-1203
C.R.S. § 24-33.5-1218
C.R.S. § 24-33.5-1219
Title 29, Article 22.5, C.R.S.
C.R.S. § 29-1-201 thru 203
C.R.S. § 30-10-513 and 513.5
C.R.S. § 30-11-124
Title 32, Article 1, C.R.S.
Firefighter and Incident Management Team Immunity
Governmental Immunity
Transfer of State Forest Service Authority to DFPC
Duties of DFPC
DFPC Cooperation with Governmental Units
Wild land Fires -Duty of Sheriff to Report
Wildland Fire Planning
Authority to Enter Into Intergovernmental Agreements
Duties of Sheriff Relating to Fires
Fire Planning Authority
Special District Provisions
RECITALS
Wild land 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 wild land fire management.
It is the duty of the Sheriffs of the various counties of the State of Colorado to report as soon as
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practicable the occurrence of any fire in any forest in the state, either on private or public lands, to DFPC •
"or its authorized agent."
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The chief of the fire department in each fire protection district in the state is responsible for the
management of wild land 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 wild land 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 wild land 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 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 managing forest and wild land fires.
DFPC is committed to cost-effective and innovative service delivery partnerships for wild land
fire suppression within Colorado. It 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. It 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 wild land 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 wild land fire engine for use locally, regionally and state wide to reduce the impact of
wild land fire on the citizens of Colorado.
NOW, THEREFORE, in consideration of mutual promises and covenants, the Parties agree as
follows:
AGREEMENT
1. Term of Agreement. 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 executed. 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 .
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2. Joint Staffing of State Fire Engine
2.1 The Parties agree to jointly staff one state-owned wild land fire engine for use locally,
regionally and state-wide to reduce the impact of wild land fire on the citizens of Colorado.
2.2 DFPC will provide one state-owned wild land 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. If available, EFD will provide one, possibly two NWCG
qualified full-time or seasonal firefighters (FFT2 or FFTl) 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, or Joint Staffing and Operation of a State Wild land Fire Engine
Agreement.
2.3 Except when on assignment, the DFPC Engine and personnel will be housed at EFD
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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 wild land 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
personnel system 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 Incident Command System (ICS). The Parties commit to adhering to the ICS for the command
and control of all resources and personnel.
3. DFPC Engine 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.
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in, and around each other'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 . Apportionment of Expenses
4.1 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 will follow standard DFPC reimbursement guidelines for interagency inc ident 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
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governing body and shall not constitute or give rise to a general obligation or other indebtedness of
either Party .
5. Insurance and Liability
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 Immunity Act, C.R.S. § 24-
10-101, et seq. ("CGIA") and C.R .S. § 13-21-113.7, as applicable.
5.2 Each Party shall be solely responsible for providing worker'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 Party. 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 Reporting and Investigation. If 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 .
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7. Training. 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 wild land engine and crew operations.
8. Memorandum of Understanding. A separate Memorandum of Understanding ("MOU") will be
governing day-to-day operational 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. Severability. If 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 Party
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.
12. Authority. The persons who sign and execute this Agreement represent that they are duly
authorized to execute this Agreement on behalf of their Party.
13. Counterpart 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 .
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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:
By: ____________ _
Andy Marsh, Chief
Englewood Fire Department
Date : ____________ _
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MEMORANDUM OF UNDERSTANDING
By and Between
COLORADO DIVISION OF PUBLIC SAFETY
DIVISION OF FIRE PREVENTION AND CONTROL
And
ENGLEWOOD FIRE DEPARTMENT
Regarding
JOINT STAFFING AND OPERATION OF
A STATE WILDLAND FIRE ENGINE
1. BACKGROUND AND PURPOSE
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
will prevail.
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.
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2. 2014 STAFFING PLAN
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. If 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/FPO
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 (Illness, vacation, other
assignment), DFPC will make every attempt to cover the vacancy with another fully
ENGB qualified DFPC employee. If 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;
A. Move any DFPC/EFD staff to a EFD engine during the absence. An EFD
employee must be present on the EFD engine.
B. 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.
C. Have an EFD Engine Boss cover the absence. A DFPC employee must be
present on the DFPC engine.
D. If no DFPC employee is available to staff the engine, the DFPC engine will be
unavailable.
2.4 In 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. If 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 .
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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.
3. DAILY OPERATIONS
3.1 The 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 60 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 personnel as needed. DFPC personnel will keep assigned work and storage areas
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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.
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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 (ICS). Every person will take 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.
S. DISCIPLINARY ISSUES
5.1 Disciplinary issues should be handled at the lowest level 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 attempt resolution
before removal.
6. IN DISTRICT RESPONSE
6.1 The 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 lnteragency
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-wild land fire incidents; Per
the IGA, 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,
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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.
A. Structure fires: The DFPC employee can assist as needed, but must be trained by
EFD on the specific operation to be conducted.
B. Medical situations: Assist EMS personnel with 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
C. Traffic accidents: Assist with scene control and general hazard mitigation. May assist
with extrication but must be trained by EFD.
D. 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
E. 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. ZONE RESPONSE
7.1 The Initial Attack Zone for the engine is roughly designated as Douglas, Elbert, Arapaho, and
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Adams Counties. However, when requested by Pueblo lnteragency Dispatch (PBC) for IA •
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. If there is an
imminent threat to life or property, the crew shall remain engaged without regard to the end of
the mutual aid period until the 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. If the benefiting agency is still in 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. If the assignment can be
completed with minimal impacts to either agency (logistically or financially), then approval is
likely.
8. OFF ZONE RESPONSE
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
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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
10.1 An 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 .
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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. If not available, DFPC will 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 In 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
Andy Marsh, EFD
Fire Chief
Date
Date
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 5, 2014 9 c i Resolution to Appropriate Funds for
Duncan Park Improvements
Initiated By: Staff Source:
Finance and Administrative Services Department Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has discussed the Duncan Park improvements on a number of occasions. Council gave
direction to move forward with awarding the construction contract to American Civil Constructors, Inc. at
the April 14, 2014 Study Session.
RECOMMENDED ACTION
Staff recommends City Council approve the attached resolution quantifying and appropriating funds for the
Duncan Park project.
SOURCES AND USES OF FUNDS:
CONSERVATION TRUST FUND:
SOURCE OF FUNDS:
CTF Contingency Account
USE OF FUNDS:
Transfer Out to Open Space Fund
OPEN SPACE FUND:
SOURCE OF FUNDS:
Grant Funds
Matching Funds
Duncan Park Development
Unassigned Fund Balance
Transfer in from Conservation Trust Fund
Total Source of Funds
USE OF FUNDS:
Construction Contract
Britina Design Group
Construction Contingency
Total Use of Funds
$107,905
$107,905
$600,000
$615,860
$25,000
$100,000
$107,905
$1,448,765
$1,283,717
$19,975
$145,073
$1,448,765
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Redevelopment of Duncan Park is supported by the Parks Master Plan, adopted in 2006. The Parks and
Recreation Commission identified redevelopment of Duncan Park as a high priority.
In 2007, Council authorized a phased, three-year purchase of Duncan Park from Englewood Schools.
Acquisition of the final parcel was completed in 201 0.
In 2011, Parks and Recreation, along with Britina Design Group, began the formal process of designing
improvements to Duncan Park. The design process included extensive public involvement. Citizens,
neighbors and user groups were offered ample opportunity to provide input toward the amenities they seek
for the park. Three open house meeting were held, along with presentations to the Parks and Recreation
Commission, Planning Commission, and City Council. Members of the community helped finalize the
overall park design and select the preferred park improvements.
In 2012, demolition of the old school building was completed. The demolished area was graded, seeded,
and irrigated to provide additional green space for the park.
In 2013, Britina Design Group completed construction drawings (for bidding) and the project was
advertised in early 2014. The base bid includes all of the major elements and amenities. Additional
alternatives were included in the bid documents for potential upgrades to the playground surfacing,
restroom facility, lighting, seat walls, and phasing. Acceptance of the alternates is at the City's discretion.
Staff recommends accepting one alternative (Alternative Number 4). This Alternative requires the
contractor to perform work in two phases, always leaving a portion of the park open for the public's use.
•
Pending Council approval of this action, construction will begin in May, 2014. Notification regarding the •
anticipated construction schedule will be provided to the adjacent neighborhood.
FINANCIAL IMPACT
Funds available in the Conservation Trust Fund will be reduced by $107,905. The remainder of the funds
will come from closing out projects and reducing the Open Space Fund reserves.
LIST OF ATTACHMENTS
Proposed Resolution
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION QUANTIFYING AND APPROPRIATING FUNDS FOR DUNCAN PARK
IMPROVEMENTS.
WHEREAS , the City of Englewood is required by City Charter to ensure that expenditures do
not exceed legally adopted appropriations; and
WHEREAS, the 2014 Budget was submitted and approved by the Englewood City Council on
October 21, 2013; and
WHEREAS, the Englewood City Council authorized a phased, three-year purchase of Duncan
Park from Englewood Schools, with the acquisition of the final parcel completed in 2010; and
WHEREAS, in 2011 the City began the formal process of designing improvements to Duncan
Park; and
WHEREAS, in 2012 demolition of the old school building was completed and the area was
graded, seeded and irrigated to provide additional green space for the park; and
WHEREAS, in 2013 construction drawings (for bidding) were completed and the project was
advertised in early 2014; and
WHEREAS, the base bid includes all of the major elements and amenities; additional
alternatives were included in the bid documents for potential upgrades to the playground
surfacing, restroom facility, lighting, seat walls, and phasing with the acceptance of the alternates
at the City's discretion; and
WHEREAS, the alternative recommended for acceptance requires the contractor to perform
work in two phases, always leaving a portion of the park open for the public's use.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The Budget for the General Fund of the City of Englewood, Colorado, is hereby
amended for the year 2014, as follows:
CONSERVATION TRUST FUND:
SOURCE OF FUNDS:
CTF Contingency Fund
USE OF FUNDS:
Transfer Out to Open Space Fund
OPEN SPACE FUND :
SOURCE OF FUNDS:
Grant Funds
Matching Funds
$107,905
$107,905
$600 ,000
$615,860
Duncan Park Development
Unassigned Fund Balance
Transfer in from Conservation Trust Fund
Total Source of Funds
USE OF FUNDS:
Construction Contract
Britina Design Group (Addendum for Construction
Administration Phase)
Construction Contingency
Total Use of Funds
$ 25,000
$100,000
$107,905
$1,448,765
$1,283,717
$ 19,975
$ 145,073
$1,448,765
Section 2. The City Manager and the Director of Finance and Administrative Services are
hereby authorized to make the above changes to the 2014 Budget for the City of Englewood.
ADOPTED AND APPROVED this 5th day of May, 2014.
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No . __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
Duncan Park Construction Award and
May 5, 2014 9 c ii Amendment to Professional Services
Agreement
Initiated By: Staff Source:
Department of Public Works Dave Henderson, Deputy Public Works Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Resolution No. 33, Series of 2013 in support of the City's Great Outdoors Colorado grant application.
• Resolution No. 6, Series of 2013 in support of the City's Arapahoe County Open Space grant
application .
• Council approved by motion, a professional services agreement on March 19, 2012, with Major
Environmental Services for the environmental remediation and demolition of the former Duncan
School building.
• Council approved by motion, a professional services agreement on August 15, 2011, with Britina
Design Group for design of improvements to Duncan Park.
• Council Bill No. 20, Series of 2011 an ordinance authorizing the agreement between the City of
Englewood and the State Board of the Great Outdoors Colorado Trust Fund for the Duncan Park
planning grant.
• Resolution No. 75, Series of 2010 in support of the City's Great Outdoors Colorado {GOCO) grant
application for Duncan Park planning grant.
• Council Bill No. 52, Series of 2009 supporting the Great Outdoors Colorado grant application for
Duncan Park development funding.
• Council Bill No. 6, Series of 2008 authorizing an Intergovernmental Agreement regarding the 2007
grant from Great Outdoors Colorado between the State Board of the Great Outdoors Colorado Trust
Fund and the City of Englewood for Duncan Park acquisition.
• Council Bill No. 41, Series of 2007 authorizing a Contract for Deed for the purchase of Duncan Park
between the City of Englewood and Englewood Schools.
• Ordinance No. 35, Series of 1978 an Intergovernmental Agreement between the City of Englewood
and Englewood Schools for the lease of Duncan School property for park and recreational purposes.
RECOMMENDED ACTION
Staff recommends Council award, by motion, the construction of "Duncan Park Construction". The total
estimated construction cost ($1,448,765.15) consists of a construction contract with American Civil
Constructors, Inc. in the amount of $1,283,717.15, which includes the addition of Alternate No. 4, and an
amendment to the existing Professional Services Agreement with Britina Design Group for Construction
Administration in the amount of $19,975, as well as a co-nstruction contingency for unidentified work and
material testing in the amount of $145,073 . Staff recommends authorizing the Director of Public Works to
execute the contracts and agreements.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
• Redevelopment of Duncan Park is supported by the Parks Master Plan, adopted 2006. The Parks and
Recreation Commission identified redevelopment of Duncan Park as a high priority.
In 2007, Council authorized a phased, three-year purchase of Duncan Park from Englewood Schools.
Acquisition of the final parcel was completed in 2010.
In 2011, Parks and Recreation, along with Britina Design Group, began the formal process of designing •
improvements to Duncan Park. The design process included extensive public involvement. Citizens,
neighbors and user groups were offered ample opportunity to provide input toward the amenities they seek
for the park. Three open house meeting were held, along with presentations to the Parks and Recreation
Commission, Planning Commission, and City Council. Members of the community helped finalize the overall
park design and select the preferred park improvements.
In 2012, demolition of the old school building was completed. The demolition area was graded, seeded, and
irrigated to provide additional green space for the park.
In 2013, Britina Design Group completed construction drawings (for bidding) and the project was advertised
in early 2014. The base bid includes all of the major elements and amenities. Add alternates were included in
the bid documents for potential upgrades to the playground surfacing, restroom facility, lighting, seat walls, and
phasing. Acceptance of alternates is at the City's discretion. Staff recommends accepting one alternate
(Alternate No. 4). This alternate requires the contractor to perform work in two phases, always leaving a
portion of the park open for the public's use.
Pending Council approval of this action, construction will begin in May, 2014. Notification regarding the
anticipated construction schedule will be provided to the adjacent neighborhood.
FINANCIAL IMPACT
American Civil Constructors submitted the only bid on April 3rd as detailed in the attached Bid Proposal
Tabulation. Their base bid, in the amount of $1,269,817.15, is approximately 20.4% above the Architects •
estimate of $1,054,930.56. Staff and our consultant believe the Architects estimate did not account for our
schedule that requires completion in 150 calendar days, along with how busy landscape contractors are this
season.
Detailed below are the costs associated with the construction of the project:
American Civil Constructors (base bid)
Add Alternate No. 4 (Phasing)
Subtotal American Civil
Britina Design Group
Construction Contingency
Total Estimated Construction Cost
LIST OF ATTACHMENTS
$1,269,817.15
13,900.00
$1,283,717.15
19,975.00
145,073.00
$1,448.765.15
Construction Contract Form-American Civil Constructors.
Amendment to Professional Services Agreement-Britina Design Group
Bid Tabulation
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CONTRACT
CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT 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 American Civil Constructors. Inc., whose address is 4901 S.
Windermere St.. Littleton, CO. 80120, ("Contractor"), commencing on the 4th day of March,
2014, and continuing for at least ten ( 10) days thereafter the City advertised that sealed
proposals would be received for furnishing all labor, tools, supplies, equipment, materials and
everything necessary and required for the following:
PROJECT: Duncan Park Construction Project
WHEREAS, 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: It is agreed by the parties hereto that the following list of
instruments, drawings and documents which are attached or incorporated by
reference constitute and shall be referred to either as the Contract Documents or the
Contract and all of said instruments, drawings, and documents taken together as a
whole constitute the Contract between the parties hereto and they are as fully a part
of this agreement as if they were set out verbatim and in full:
Invitation to Bid
Contract (this instrument)
Insurance
Performance Payment Maintenance Bond
Plans and Specifications prepared by Britina Design Group
B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies,
equipment, materials and everything necessary for and required to do, perform and
complete all the work described, drawn, set forth, shown and included in said
Contract Documents. The Scope of Work includes the Base Bid and Alternate
No. 04.
C. Terms of Performance: The Contractor agrees to undertake the performance of the
work under this Contract within ten (10) days from being notified to commence work
by the Director of Public Works and agrees to fully complete said work within 150
Calendar days, plus such extension or extensions of time as may be granted by the
Director of Public Works in accordance with the provisions of the Contract Documents
and Specifications .
D. Indemnification: The city cannot and by this Agreement/Contract does not agree to
indemnify, hold harmless, exonerate or assume the defense of the Contractor or any
other person or entity, for any purpose. The Contractor shall defend, indemnify and
save harmless the City, its officers, agents and employees from any and all claims,
demands, suits, actions or proceedings of any kind or nature including Worker's
Compensation claims, in any way resulting from or arising out of this
Agreement/Contract: provided, however, that the Contractor need not indemnify or save
harmless the City, its officers, agents and employees from damages resulting from the
sole negligence of the City's officers , agents and Employees.
E. Termination of Award for Convenience: The City may terminate the award at any
time by giving written notice to the Contractor of such termination and specifying the
effective date of such termination, at least thirty (30) days before the effective date of
such termination. In that event all finished or unfinished service, reports, material (s)
prepared or furnished by the Contractor after the award shall, at the option of the City,
become its property. If the award is terminated by the City as provided herein, the
Contractor will be paid that amount which bears the same ratio to the total compensation
as the services actually performed or material furnished bear to the total
services/materials the successful firm agreed to perform under this award, less
payments of compensation previously made. If the award is terminated due to the fault
of the Contractor the clause relating to termination of the award for cause shall apply.
F. Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill
in a timely and proper manner its obligations or if the Contractor shall violate any of the
covenants, agreements or stipulations of the award, the City shall have the right to
terminate the award by giving written notice to the Contractor of such termination and
specifying the effective date of termination. In that event , all furnished or unfinished
services, at the option of the City, become its property, and the Contractor shall be
entitled to receive just, equitable compensation for any satisfactory work documents,
prepared completed or materials as furnished.
Notwithstanding the above, the Contractor shall not be relieved of the
liability to the City for damages sustained by the City by virtue of breach of
the award by the Contractor and the City may withhold any payments to the
Contractor for the purpose of set off until such time as the exact amount of
damages due the City from the Contractor is determined .
G. Terms of Payment: The City agrees to pay the Contractor for the performance of all
the work required under this contract, and the Contractor agrees to accept as his full
and only compensation therefore, such sum or sums of money as may be proper in
accordance with the price or prices set forth in the Contractor's proposal attached and
made a part hereof, the total estimated cost thereof being ONE MILLION TWO
HUNDRED EIGHTY THREE THOUSAND SEVEN HUNDRED SEVENTEEN dollars
and FIFTEEN cents ($1,283,717.15). A 10% retainage of the awarded project
amount will be withheld until final inspection and acceptance by the Project Manager .
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H . Appropriation of Funds: At present, $1,283,717.15 has been appropriated for the
project. Notwithstanding anything contained in this Agreement to the contrary, the
parties understand and acknowledge that each party is subject to Article X, § 20 of
the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms
and requirements of TABOR by the execution of this Agreement. It is understood and
agreed that this Agreement does not create a multi-fiscal year direct or indirect debt
or obligation within the meaning of TABOR and, notwithstanding anything in this
Agreement/Contract to the contrary, all payment obligations of the City are expressly
dependent and conditioned upon the continuing availability of funds beyond the term
of the City's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the City payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations, and resolutions of the City and
applicable law. Upon the failure to appropriate such funds, this Agreement shall be
deemed terminated . The City shall immediately notify the Contractor or its assignee
of such occurrence in the event of such termination.
I. Liquidated Damages: The City and Contractor recognize that time is of the essence in
this Agreement because of the public interest in health and safety, and that the City
will suffer financial loss, and inconvenience, if the Work is not complete within the
time specified in the bid documents, plus any extensions thereof allowed in
accordance with the General Conditions . They also recognize the delays, expense
and difficulties involved in proving, in a legal proceeding, the actual loss suffered by
the City if the Work is not complete on time . Accordingly, instead of requiring any
such proof, the City and Contractor agree that as liquidated damages for delay, but
not as a penalty, Contractor shall pay the City $250.00 for each day that expires after
the time specified for substantial completion until the Work is complete, and $250.00
for each day that expires after the time specified for final completion until the Work is
finally complete .
J. Assignment: Contractor shall not, at any time, assign any interest in this Agreement or
the other Contract Documents to any person or entity without the prior written consent
of the City specifically including, but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the
extent that the effect of this restriction may be limited by law). Any attempted
assignment which is not in compliance with the terms hereof shall be null and void.
Unless specifically stated to the contrary in any written consent to an Assignment, no
Assignment will release or discharge the Assignor from any duty or responsibility
under the Contract Documents.
K. Contract Binding: It is agreed that this Contract shall be binding on and inure to the
benefit of the parties hereto, their heirs, executors, administrators, assigns, and
successors.
L. Contractors Guarantee: 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. "
VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING HIRING
OF ILLEGAL ALIENS
(a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ
or contract with an illegal alien to perform work under this Contract. Contractor shall not contract
with a subcontractor that fails to certify to the Contractor that the subcontractor will not
knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-
17.5-102(2)(a)(I) & (II).]
(b) Verification: Contractor will participate in either the E-Verify program or the Department
program, as defined in C.R.S . 8-17.5-101 (3.3) and 8-17.5-101 (3.7) respectively, in order to
confirm the employment eligibility of all employees who are newly hired for employment to
perform work under this public contract. Contractor is prohibited from using the E-Verify
program or the Department program procedures to undertake pre-employment screening of job
applicants while this contract is being performed.
(c) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a
subcontractor performing work under this Contract knowingly employs or contracts with an
illegal alien, the Contractor shall:
(1) notify the subcontractor and the City within three days that the Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
(2) terminate the sub-contract with the subcontractor if, within three days of
receiving notice required pursuant to this paragraph the subcontractor does not stop
employing or contracting with the illegal alien; except that the Contractor shall not
terminate the contract with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed or
contracted with the illegal alien.
(d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable
request of the Colorado Department of Labor and Employment made in the course of an
investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5).
(e) Damages for Breach of Contract: The City may terminate this contract for a breach of
contract, in whole or in part, due to Contractor's breach of any section of this paragraph or
provisions required pursuant to C.R.S. 8-17.5-102 . Contractor shall be liable for actual and
consequential damages to the City in addition to any other legal or equitable remedy the City
may be entitled to for a breach of this Contract under this Paragraph.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year
first written above.
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CITY OF ENGLEWOOD
ATTEST: ___________ _
City Clerk
A~Gt-~ CQV\ Cl v·'-' (t)o~\Nc\df'S
Contractor (print company name )
By:Qcu.,,.~ \_,~ .
\'\ (Signl!iture) J\ ,~ ~wh L'N'aM\' lK'~l ~\
Jtrint name and Title )
Date: _______ _
Date: '.:f / \<; I d
--'-.A.-P""_:;..:.--"-----·~ ~efore m~ personally appeared _ _.l...::~~~'--...1...l....=~~~ the :t1f~ru V\t of
-~...llJ-~..-L-1,.i....J..d...L.-'--~l,....l(_..!......l.~~!......::..::u..i.~_.i..;!..l..L....;>..--, the corporation that executed the
within and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written. ~"" A?:o~~ .. ~~.o,::;:;~, :·j·-~······TA ··· ... \.;.~, '1 CA
My commission expires : q \ \ '-\ \ I \\:~ O ly i\ (1.JmM ~
1 1 i • -........ · i NO-r RY -..-.....
P \~ Ole :'-~;;·· .. !J B \..-\.l ~ . 'S" ....... ~ ... ""°,,.,~~
OF .CO\.:v
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SCHEDULE A
ADDENDUM #3 TO STATEMENT OF WORK
1. GENERAL
Brltlna Design Group, Inc. and The City of Englewood executed a Professional Services
Agreement on August 15, 2011.
The City and Britina have agreed on a revised scope and fee for additional work related
to the Duncan Park project.
Per Section No. 21 of the Agreement, Additional Work may be authorized by executing
an addendum to the Statement of Work (this document).
Work authorized In Addendum #1 and #2 is complete and the project has been awarded
to a General Contractor.
This Addendum #3 will add services for the "Construction Administration Phase".
2. NAMES OF PROJECT COORDINATORS
For Brltlna Design Group Robert M. Courl, President/Landscape Architect and
Tim Piper, Senior Associate/Landscape Architect
For City of Englewood Dave Lee, Open Space Manager (for Design Phase)
Dave Henderson, Deputy Public Works Director and
Dave Coffman, Engineer II {for Construction Phase)
3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK
4.
Revisions to original scope and fee per attached proposal from Britina dated December
19, 2013; Revised January 7, 2014 •
EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
NIA
5. OTHER CONSUL TANT RESOURCES
NIA
6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
Per attached proposal from Brltlna dated December 19, 2013; Revised January 7, 2014.
7. SPECIAL TERMS, IF ANY
Fee Schedule from orlglnal Agreement to be revised as follows:
Original Total Fee $74,980.00
Current Fee Amount adjusted by Addendum #1 & #2 $96,255.00
Add "Construction Bidding Phase" $19.975.00
New Total Fee $116,230.00
Note: Construction Bidding Phase, estimated at $4,125, may be added when the City
advertises the construction project.
Construction Administration Phase, estimated at $19,975, may be added at the time a
contract for construction is presented to City Council .
8. MODE OF PAYMENT
Payment by Check
Standard Purchase Order
9. PAYMENT SCHEDULE
Per City of Englewood schedule (monthly)
10. SCHEDULE AND PERFORMANCE MILESTONES
Per attached proposal from Britlna dated December 19, 2013; Revised January 7, 2014.
11. ACCEPTANCE AND TESTING PROCEDURES
NIA
12. LOCATION OF WORK FACILITIES
Substantially all of the work wlll be conducted by Consultant at its regular office located In
Arvada, Colorado.
Field visits and meetings will be conducted at Duncan Park or at the Englewood Recreation
Center Conference Room.
IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement
between the parties hereto dated August 16, 2011, the parties have executed this Addendum to
Statement of Work as of this day of , 20_.
CITY OF ENGLEWOOD, COLORADO
By: ___ -=---------
(Signature)
(Print Name)
Title: ____________ _
Date:-------------
Britina Design Group, Inc
Co~ ~ By: __..· ;:.;
1 (Print Name)
Title: £>elf!i~
Date: 4j;q/1~
•
•
•
• City of Englewood Bid Tabulation Sheet
Bid Opening Date: April 03, 2014 2:00 P.M. MDT
•
ITEM BID: ITB-14-006 Duncan Park Construction Project
Contractor
Base Bid
Alternate 1: Promenade Pedestrian lighting
Alternate 2: 50% PIP Rubber & 50% EWF Playground Surfacing
Alternate 3: Inclusion of Seat Walls
Alternate 4: Construction Phasing
Alternate 5: Prefabricated Restroom Constructed with Concrete Block
Alternate 6: Brick Veneer on Shelter Columns & Restroom Walls
•
American Civil Constructors, Inc
$1,269,817.15
$27,940.00
$74,691.50
$66,100.00
$13,900.00
$30,875.00
$41,510.00
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 5, 2014 11 a i Bill for an Ordinance Adding Section 6 to Title 7, Chapter
5 of the Englewood Municipal Code
Initiated By: Staff Source:
Finance and Administrative Services Department Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has not discussed this particular issue but on July 12, 2004 Council approved Resolution 77,
Series of 2004 establishing fees and charges related to the registration of sex offenders.
RECOMMENDED ACTION
Staff recommends City Council approve the attached Bill for an Ordinance adding Section 6 to Title 7,
Chapter 5 of the Englewood Municipal Code. Section 6 adding language regarding the method used
(resolution) for setting fees and charges related to the registration of sex offenders. The proposed addition
follows:
• 7-3-6 Determination of Fees
•
The City Council shall determine and set all fees required for the registration of sex offenders by resolution.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
N/A
FINANCIAL IMPACT
Funds collected for registering sex offenders are collected and used to offset the cost of administering the
registering of sex offenders in the City of Englewood.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
•
•
•
ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 27
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE AMENDING TITLE 7, CHAPTER 3, OF THE ENGLEWOOD MUNICIPAL
CODE 2000 BY THE ADDITION OF A NEW SECTION 6, ENTITLED DETERMINATION OF
FEES .
WHEREAS, 24-72-306(1) C.R.S. allows fees to be charged for the search, retrieval and
copying of Criminal Justice Records; and
WHEREAS, 16-22-108(6) C.R.S . mandates that persons who are subject to mandatory
registration with the Police Department as sex off enders shall bear the cost of the photograph or
image and fingerprinting required for registration; and
WHEREAS, the cost of registering sex offenders and responding to requests from the public
for information on registered sex off enders are substantial and should be reimbursed to the City;
and
WHEREAS, the passage ofthis Ordinance will amend the Englewood Municipal Code stating
that the determination of these fees shall be set by resolution.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 7, Chapter 3, by adding a new Section 7, entitled Determination of Fees of the Englewood
Municipal Code 2000, to read as follows :
7-3: Prohibited Residency of Sex Offenders.
7-3-6: Determination of Fees.
The City Council shall determine and set all fees required for the registration of sex off enders by
resolution.
Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the •
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 5. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 5th day of May, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of •
May, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 7th day of
May, 2014 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 5th day of May, 2014.
Loucrishia A. Ellis
•
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 5, 2014 11 a ii Amendment of 7-6B-7{A}(2): Loitering
Initiated By: City Attorney Staff Source:
Dugan Comer, Prosecuting Attorney
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The current ordinance in subsection {A) {2) uses language taken from the State Statute C.R .S. 18-9-112(2)
( d), and prohibits loitering in or about a school building or grounds.
RECOMMENDED ACTION
To approve a bill for an ordinance to remove Title 7, Chapter 6B, Subsection {A}(2) of the Englewood
Municipal Code. The State section was held unconstitutional by the Colorado Supreme Court in People v
C.M., 630 P.2d 593 (Colo. 1981 ).
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
• In reviewing and researching issues surrounding the current signage defining prohibited behavior and
conduct on Englewood Environmental Foundation, Inc. property, the City undertook a re v iew of its current
loitering ordinance, and discovered that the language of Title 7, Chapter 6B , Subsection {A)(2) was identical
to the language that was previously used in the State Statute, C.R .S. 18-9-112(2)( d).
•
Further research into the case law regarding loitering laws and ordinances revealed that in 1981 the
Colorado Supreme Court had held subsection {2)(D) of the State Statute was unconstitutional.
In order to conform the current City ordinance to this Colorado Supreme Court decision, and to avoid
challenges to the City's ordinance as currently written, the deletion of subsection {A)(2), of Title 7, Chapter
6B is strongly recommended.
There are no alternatives identified.
FINANCIAL IMPACT
No financial impact to the City is contemplated.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
• ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 26
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE AMENDING TITLE 7, CHAPTER 6B, OF THE ENGLEWOOD
MUNICIPAL CODE BY DELETING SUBSECTION A(2) REGARDING LOITERING ON
SCHOOL BUILDINGS OR GROUNDS.
WHEREAS, in 1985 the Englewood City Council enacted 7-6B-7(A)(2) making it illegal to
loiter in or about a school building or grounds; and
WHEREAS, during research into loitering issues surrounding prohibited conduct on
Englewood Environmental Foundation, Inc., property it was discovered that the State Statute
C.R.S . 18-9-l 12(2)(d) which was used as the model for the language in the City's ordinance at
Subsection (A)(2) was held to be unconstitutional by the Colorado Supreme Court in People v.
C.M., 630 P.2d 593 (Colo . 1981); and
WHEREAS, The City Council of the City of Englewood, Colorado deems it in the best
interest of the City to update the Code and to bring it in line with the Colorado Supreme Court's
• decision in People v. C.M. 630 P .2d 593 (Colo. 1981).
•
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 7, Chapter 6B, Section 7, entitled Loitering of the Englewood Municipal Code 2000, to read
as follows:
7-6B-7: Loitering.
A. It shall be unlawful to:
1. Loiter for the purpose of begging; or
~ Loiter in or aaout a sehool hailEling or grounEls, not ha-ving any reason or relationship
iw,zolving e:astoElj· of or responsiliility for a p:apil, or any other speeifie anEl legitimate
reason for aeing there, lffiG not ha-ving written permission from a sehool
aElmimstrator; or
J2. Loiter in a place, at a time and in a manner not usual and appropriate for the place, or
where circumstances warrant alarm or concern for the safety of persons or property
in the vicinity. Among the circumstances which may be considered in determining
whether such alarm is warranted is the fact that such person takes flight upon
appearance of a peace officer, refuses to identify himself, or manifestly endeavors to
conceal himself, or conceal or dispose of any object. Unless flight by the person or
other circumstance makes it impracticable, a peace officer shall, prior to any arrest
1
for an offense under this section, afford such person an opportunity to dispel any
alarm which would otherwise be warranted by requesting him to identify himself and •
explain his presence and conduct. No person shall be convicted of an offense under
this section if the peace officer did not comply with the preceding sentence, or if it
appears at trial that the explanation given by the person was true and, if believed by
the peace officer at the time, would have dispelled the alarm.
4l. Loiter so as to interfere with the free and unobstructed use of a public way or place
by other persons.
B. For purposes of this section, "loiter" means to be dilatory, to stand idly around, to linger,
delay or wander about, or to tarry in a public place.
Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 5. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 5th day of May, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of
May, 2014.
2
•
•
•
•
•
Published as a Bill for an Ordinance on the City's official website beginning on the 7th day of
May, 2014 for thirty (30) days.
Randy P . Penn, Mayor
ATTEST:
Loucrishia A. Ellis , City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on
first reading on the 5th day of May, 2014.
Loucrishia A. Ellis
3
•
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 5, 2014 11 a iii An Ordinance Adopting Amendments to Title 16
Concerning Site Improvement Plans
Initiated By: Staff Source:
Community Development Department Chris Neubecker, Senior Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This item has not been previously discussed by City Council. However, this ordinance advances the City
Council goals of having clear regulations, and also ensuring that large developments can obtain approval of
site plans before applying for building permits, which involves significantly more investment in architectural
and structural plans.
PREVIOUS PLANNING COMMISSION ACTION
The Planning and Zoning Commission discussed this proposal to amend Title 16: Unified Development
Code, Site Improvement Plans at a Study Session on January 22, 2014. The Commission conducted a Public
Hearing on February 20, 2014. There were no members of the public that testified at the public hearing .
•
Following discussion, the Commission voted in favor of forwarding to City Council the proposed
amendments to Title 16, Chapter 2: "Development Review and Approval Procedures", as presented in the
attached Bill for an Ordinance.
RECOMMENDED ACTION
The Community Development Department recommends adoption of a Bill for an Ordinance authorizing
amendments to Title 16: Unified Development Code regarding Site Improvement Plans on First Reading,
and setting May 19, 2014 as the date for a Public Hearing to consider testimony on the proposed
amendments.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The current Zoning Site Plan Review process in the Unified Development Code (Section 16-2-9) does not
fully address projects that involve site work not associated with a building permit. For example, the
developer of Sprouts Farmers Market on South Broadway was seeking approval of their site plan before
applying for a building permit, which requires much greater plan detail and additional cost to the developer.
The Sprouts developer needed approval of a site plan in order to secure financing. This is a fairly common
requirement in the development financing industry. Site plan review is not currently required for major
landscaping or major site work, other than paving parking lots. The current Development Code also lacks
sufficient detail on submittal requirements and needs updating to reflect new size thresholds for building
permits .
•
In addition, staff recommends changing from "Zoning Site Plan" to "Site Improvement Plan." This change is
proposed because most of the plan review performed by staff relates more to the proposed site
improvements than to the zoning. This change will clarify that site work, or "site improvements," require
review and approval by the City. This is particularly relevant for existing uses, where there is no need to
review the zoning, but where site improvements requiring plan review are proposed.
ANALYSIS
Site plan review is performed by planners in the Community Development Department with input from
other members of the Development Review Team. Staff reviews and approves (or denies) the proposed
development based on the zoning, as well as dimensional standards such as setbacks, height, parking and
landscaping. In many cases, current codes are not clear if certain development activities require site plan
review. Also, in many cases, property owners or developers are seeking approval of the site plan (which is
relatively inexpensive to produce) before committing resources to the building design (which is more
expensive).
The proposed changes will clarify requirements on the plan format and information that must be included
for plan review. For example, the current regulations do not specify the sheet size of the plan, or the scale
required on the plan. These are basic elements of site planning that should be listed in the regulations.
The primary changes proposed to the existing Zoning Site Plan Review process (Section 16-2-9 EMC)
include the following:
• Change from "Zoning Site Plan" to "Site Improvement Plan"
• Require Site Improvement Plan review for site work and landscaping over $5,000 in value. (This
amount was chosen because it was determined as a cutoff between "minor" and "major"
landscaping.)
• Require Site Improvement Plan review for alterations to existing structures resulting in a change of
floor area of 10% or greater, or any change that reduces the setback to a property line
•
• Provide more detail on the submittal requirements for plans and plan format •
• The lapsing period for approval of site improvement plans would change from 60 days to 180 days
• Change the size threshold for building permits to match new building codes
• Other syntax changes to improve readability and enforceability of the code
Site Improvement Plan review will remain an administrative decision. Appeals to administrative decisions
are to the Board of Adjustment and Appeals. As proposed, this policy would apply to both residential and
nonresidential properties.
FINANCIAL IMPACT
There should be a positive financial impact on the City through additional collection of Use Tax identified
through the Site Improvement Plan review process . This ordinance should also have a positive financial
impact by encouraging new development and facilitating approval of site plans before developers move on
to the more expensive architectural and structural plans required for a building permit.
LIST OF ATIACHMENTS
Planning and Zoning Commission Staff Report -February 20, 2014
Planning and Zoning Commission Minutes -February 20, 2014
Planning and Zoning Commission Findings of Fact -Case No. 2013-09
Bill for an Ordinance
•
•
•
•
M EMORAND
TO: Planning and Zoning Commission
THROUGH: Alan White, Community Development Director \/
FROM:
DATE:
SUBJECT:
Chris Neubecker, Senior Planner V
February 20, 2014
Case 2013-09 -Public Hearing
Site Improvement Plans
Recommendations
U M
The Community Development Department request that the Planning & Zoning Commission
review, take publi"c 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 2, Development Review and Approval Procedures, relating to
Zoning Site Plan Review .
Background
The current Zoning Site Plan Review process outlined in the Unified Development Code
(Section 16-2-9) does not fully address projects that involve site planning not associated
with a building permit. For example, Sprouts Farmers Market on S. Broadway was seeking
approval of their site plan before moving forward with the building permit process which
requires much greater plan detail. Landscaping and major site work are also not listed as
activities requiring site plan review. The current code also lacks sufficient detail on submittal
requirements and needs to be updated to reflect current size thresholds for building permit.
In addition, staff recommends changing from "Zoning Site Plan" to "Site Improvement Plan"
to clarify that plan review applies to improvements proposed, and not just compliance with
zoning.
Analysis
The current regulations list examples of where formal Zoning Site Plan review is required.
Plan review is performed by planners in the Community Development Department Staff
reviews and approves (or denies) the proposed uses based on the zoning, as well as
dimensional standards such as setbacks and height, parking and landscaping. In many cases,
it is not clear if certain development activities require zoning site plan review. Also, in many
cases, property owners or developers are seeking approval of the site plan (which is
1000 Englewood Parkway Englewood, Colorado 80110 PHONE 303-762·2342 FAX 303 783 ·6895
www.englewoodgov.org
relatively inexpensive to produce) before committing resources to the building design •
(which is more expensive).
The proposed changes will also set clear requirements on the plan format and information
that must be supplied for plan review. For example, the current regulations do not specify
the sheet size of the plan, or the scale required on the plan. These are basic elements of a
site plan that should be listed in the regulations.
The primary changes proposed to the existing Zoning Site Plan Review process (Section 16-
2-9 EMC) include the following:
• Change from "Zoning Site Plan" to "Site Improvement Plan"
• Require Site Improvement Plan review for site work and landscaping over $5,000 in
value
• Require Site Improvement Plan review for alterations to existing structures resulting
in a change of floor area of 10% or greater, or any change that reduces the setback
to a property line
• Provide more detail on the submittal requirements for plans and plan format
• Other syntax changes that improve the readability and enforceability of the code.
Information on the Development Review Team (ORT) that was included in previous
versions of this proposal has been removed. We have determined that while this service is
valuable to property owners and developers, it is not something that directly regulates the •
review process, and should not be included in the Unified Development Code.
Site Improvement Plan review will remain an administrative decision. Appeals to
administrative decisions are to the Board of Adjustment and Appeals.
Recommendation
Staff recommends that the Planning & Zoning Commission support the proposed code
changes as presented.
A motion to recommend approval of the proposed code amendments to City Council is
needed.
Next Steps
If the Planning & Zoning Commission recommends approval, we intend to move forward
with first reading of an ordinance by City Council.
Attachments
Amendments to Title 16 pertaining to Site Improvement Plans
•
•
~
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
REGULAR 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, 2013
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 .
.....
Ill.PUBLIC HEARING 2013-06 NON-CONFORMING STRUCTURES
Fish moved;
Knoth seconded: To open public hearing for Case #2013-06 Non-Conforming
Structures
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-3B district that are over the allowed density for •
that site (21 and 22 units each) based on the lot area. If the buildings were destroyed or
incurred damage of 60% or more based on cost, the buildings could only be rebuilt at
11 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 Counci I 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 (1 )(b) 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
regarding 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 pub I ic 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(1 )(b) "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 organizat ions 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 LANGUAGE
IN 16-9-3 C(1 )(b) "AND WHERE MEETING SUCH ZONING 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 ZONING SITE PLAN REVIEW
.....
Knoth moved;
Roth seconded: TO OPEN THE PUBLIC HEARING FOR CASE #2013-09 ZONING SITE
PLAN REVIEW
A YES: 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 Improvement 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 Improvement
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
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creating plans containing the information .
.....
The major changes proposed include changing the title of the code to Site Improvement
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 10% 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 ORT (Development
Review Team), have been removed from the proposed amendment. Site Improvement
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 16-2-9 A(S) 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 (A)(4) 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 Improvement Plan Review is not necessary, and to eliminate a conflict with a
previous citizens initiative .
.....
Mr. Fish noted a change to 16-2-9 (B)(3) to correct a typographical error "Sites .:::_
10,000 square feet: Scale 1" = 10. ..... -
Fish proposed changes to 16-2-9 0(1 )(b 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 Improvement Plan Review process . ....
Knoth moved;
Roth seconded: TO CLOSE THE PUBLIC HEARING 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.ATIORNEYS CHOICE ....
Attorney Brotzman had no comment . ....
VI.STAFFS CHOICE
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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.
~
VII.COMMISSIONERS CHOICE
Chair Brick requested a motion 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.
/sf Julie Bailey, Recording Secretary
• CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
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IN THE MATIER OF CASE #2013-09,
FINDINGS OF FACT, CONCLUSIONS
AND RECOMMENDATIONS RELATING
TO THE AMENDMENT OF THE UNIFIED
DEVELOPMENT CODE ZONING SITE
PLAN REVIEW
INITIATED BY:
COMMUNITY DEVELOPMENT
DEPARTMENT
1000 ENGLEWOOD PARKWAY
ENGLEWOOD, CO 80110
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FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COMMISSION
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,
2014 in the City Council Chambers of the Englewood Civic Center.
Testimony was received from staff and no public was present 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 16-
2-9 Zoning Site Plan Review was brought before the Planning Commission by the
Department of Community Development, 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 61h through 20 1h •
3. THAT all testimony received from staff members and the public has been made part •
of the record of the Pub I ic Hearing .
4. THAT the title of 16-2-9 will Change from "Zoning Site Plan" to "Site Improvement
Plan''.
5. THAT property owners will be required to complete a Site Improvement Plan Review
for site work and landscaping over $5,000 in value.
6. THAT the revised code will provide more detail on the submittal requirements for
plans and plan format as outlined in the revised Site Improvement Plan Review
process.
7. THAT other syntax changes will improve the readability and enforceability of the
code.
8. THAT the proposed amendments related to the Zoning Site Improvement Plan Review
are consistent with the goals and objectives of Roadmap Englewood: The 2003
Englewood Comprehensive Plan.
9. THAT the proposed Amendments related to the Zoning Site Plan Review process
should be adopted as part of Title 16: Unified Development Code of the Englewood •
Municipal Code.
10. THAT the proposed updates are necessary to clarify the submittal requirements and
review process for approval of a Site Improvement Plan.
11. THAT the proposed code amendment helps citizens to better understand the review
process, and that this revision advances the health, safety and welfare of the
community.
CONCLUSIONS
1. THAT the Public Hearing on the Amendment of the Unified Development Code
Zoning Site Plan Review was brought before the Planning Commission by the
Department of Community Development , a department of the City of Englewood.
2. THAT notice of the Public Hearing was published in the Englewood Herald on
February 71 2014 and was on the City's website from February 61h through 201h.
3. THAT all testimony received from staff members and the public has been made
part of the record of the Public Hearing.
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4. THAT the title of 16-2-9 will Change from "Zoning Site Plan" to "Site Improvement
Plan".
5. THAT property owners will be required to complete a Site Improvement Plan
Review for site work and landscaping over $5,000 in value.
6. THAT the revised code will provide more detail on the submittal requirements for
plans and plan format as outlined in the revised Site Improvement Plan Review
process.
7. THAT Other syntax changes will improve the readability and enforceability of the
code.
8. THAT the proposed amendments related to Zoning Site Plan Review are consistent
with the goals and objectives of Roadmap Englewood: The 2003 Englewood
Comprehensive Plan and the Englewood.
9. THAT the proposed Amendments related to 16-2-9 Zoning Site Plan Review
should be adopted as part of Title 16: Unified Development Code of the
Englewood Municipal Code.
10. THAT the proposed updates are necessary to clarify the submittal requirements and
review process for approval of a Site Improvement Plan.
11. THAT the proposed code amendment helps citizens to better understand the
review process, and that this revision advances the health, safety and welfare of the
community.
DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission that Case
#2013-09, Amendments to 16-2-9 Zoning Site Plan Review should be referred to the City
Council with a favorable recommendation.
The decision was reached upon a vote on a motion made at the meeting of the City
Planning and Zoning Commission on February 20, 2014, by Mr. Knoth, seconded by Mr.
Fish, which motion states:
CASE #2013-09, AMENDMENTS TO TITLE 16: UNIFIED DEVELOPMENT CODE
RELATED TO 16-2-9 ZONING SITE PLAN REVIEW AS STA TED BE
RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A
FAVORABLE RECOMMENDATION WITH THE FOLLOWING •
CONDITION:
7.
AYES:
NAYS:
ABSTAIN:
ABSENT:
7 6-2-9 (E)(2) lapse: General Development Applications. A Site
Improvement Plan shall lapse and be of no further force and effect if a
building permit~ or City Manager or designee approval as required, is not
issued for the property subject to the Site Improvement Plan within QM
hundred eightv (180) days from the date of approval of the Site Improvement
Plan.
Knoth, Roth, Fish, Brick, Kinton, Freernire, Townley
None
None
Bleile, King
Motion carried.
These Findings and Conclusions are effective as of the meeting on February 20, 2014.
BY ORDER OF THE CITY PLANNING & ZONING COMMISSION
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/c·L < ( o.~
Joh'n Brick, Chair •
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 24
INTRODUCED BY COUNCIL
MEMBER -------
AN ORDINANCE AMENDING TITLE 16, CHAPTER 2, SECTIONS 2, 7, 9, AND
TITLE 16, CHAPTER 3, SECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE
2000, PERTAINING TO ZONING SITE PLAN REVIEW.
WHEREAS, the current regulations list examples of where formal Zoning Site Plan
review is required. Plan review is performed by the Community Development
Department. Staff reviews and approves or denies the proposed use based on the zoning,
as well as dimensional standards such as setbacks, height, parking and landscaping; and
WHEREAS, the current Zoning Site Plan Review process outlined in the Unified
Development Code (Section 16-2-9) does not address projects that involve site planning
not associated with a building permit; and
WHEREAS, the changes proposed to the existing Zoning Site Plan Review process
(Section 16-2-9 EMC) include a change from the term "Zoning Site Plan" to "Site
hnprovement Plan"; and
WHEREAS, the changes proposed require Site hnprovement Plan review for site
work and landscaping over $5,000 in value; and
WHEREAS, the Planning and Zoning Commission was concerned that $5,000 would
become outdated and discussed including a CPI component; however, such was not
included in the proposal to City Council; and
WHEREAS, under 16-2-9(A)(4) EMC, the Planning and Zoning Commission had a
great deal of discussion regarding the exception of residential driveways; however, no
recommendation was made; and
WHEREAS, the Planning and Zoning Commission extended the lapse date from 60
days to 180 days, which requires a correction in Chart 16-2-2 EMC; and
WHEREAS, Site hnprovement Plan review will remain an administrative decision;
and
WHEREAS, appeals to administrative decisions are to the Board of Adjustment and
Appeals; and
WHEREAS, the Englewood Planning and Zoning Commission recommended
approval of these changes at the February 20, 2014 meeting .
1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado herby authorizes
amending Title 16, Chapter 2, Section 9, of the Englewood Municipal Code 2000, to
read as follows:
16-2-9: ZaBiBg Site Improvement Plan Review.
A. Applicability. No land or structure shall be used, occupied, built. constructed upon.
altered or developed for any use without complying with the Zoning Site
Improvement Plan requirements and procedures provided in this Section, as
applicable. A Zonffig Site Improvement Plan shall be required for any of the
following:
1. The commencement of all any development, improvement, or construction
requiring a building permit, except for interior remodel aft4 or interior
tenant finish .
2. The construction or expansion of fences, walls, aft4 or accessory structures
(e.g., garages, carports, storage sheds, decks) in all any zone districts,
including decks and patios less than thirty inches (30") in height and
residential accessory structures containing less than eae two hundred
t'N0Bty (rn 200) square feet in floor area. or commercial accessory
structures containing less than one hundred twentv 0 20) square feet that
tie may not otherwise require a building permit.
3. Accessory uses, not including home occupations, marked as "A" in the
applicable table cell in Table 16-5-1 .1, "Table of Allowed Uses".
4 . The construction, re-installation, expansion, alteration, removal. surfacing,
paving. or resurfacing of a parking area. except for a residential drivewav.
,},_ Site work. landscaping. grading. or excavation in excess of five thousand
dollars ($5.000) in value as determined by a reasonable contract or bid
consistent with prices for such materials and services in the Denver
metropolitan area .
.6.,_ Additions and exterior alterations of any structure resulting in a change
equal to or greater than ten percent ( 10%) of the floor area of the structure.
7. Anv change that reduces the setback to a property line.
B. Initiation. An application for a Zoning Site Improvement Plan may ~ be
initiated by those parties identified in Section 16-2-3(A) EMC. The "Applicant"
shall be the person. persons or legal entity that initiates the application for a Site
Improvement Plan.
C. City Review. The Applicant shall submit a plan of the proposed development or
improvement showing the location of all property boundaries. the location and
dimensions of all existing and proposed structures (including accessory structures
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such as garages. sheds. outbuildings. trash enclosures. shelters. etc.). the location
and surface material of all parking areas. driveways and sidewalks. the location of
all landscaping (including species and size). fences and retaining walls. Applicant
shall also submit plans showing the location of all existing and proposed storm
water detention facilities as required by Section 16-6-8 EMC. The Applicant shall
submit copies of plans. including site plan. floor plans and elevations of all
proposed structures . In addition. the applicant shall submit either as-built plans or
photographs of all existing structures on the property.
1. General Development Applications .
a. Development/Use Requiring a Building Permit. The City Manager or
designee shall review the proposed Zonillg Site Imorovement Plan as
part of the building permit application process. Based on the results of
these that reviews, the City Manager or designee shall act to approve,
approve with conditions, or deny the proposed Zonffig Site
Improvement Plan based on the review criteria stated in Section 16-2-
9(D) EMC, below.
b. Development/Uses Not Requiring a Building
Permit.
The City Manager or designee shall review the
proposed Zoeing Site Improvement Plan for
compliance with applicable standards of this
Title. Based on the results of these that reviews,
the City Manager or designee shall
act to approve, approve with conditions,
or deny the proposed Zonffig Site Improvement
Plan based on the review criteria stated in
Section 16-2-9(D) EMC, below. A copy of the
approved Zofliag Site Improvement Plan shall
be maintained by the City.
Preliminarv Review: APPlicants are encouraged to
contact the City in advance of submittal for formal Site
Imorovement Plan Review or application for a Building
Permit to obtain oreliminarv feedback on the proposed
develonment.
3 . Plan Format: The Site Improvement Plan shall meet the following
requirements:
Sites <10.000 square feet: Scale: 1" = 20' or 1" = 10'
City Staff
Decision
Initiation
Zoning Site
Improvement Plan
Review
Sheet size: 24" x 36" or 8 71 " x 11" or 11 " x 17"
Sites >10.000 square feet: Scale: l" = 10' or other increments of 10' as
approved by the City of Englewood.
Sheet size: 24" x 36" or 30" x 42" or 36" X 48"
3
Site plans shall depict the property corners and all permanent survey
monuments. All plans shall clearly indicate the size of the site Cin square
feet and in acres). existing and proposed building areas (in square feet).
building setbacks to property lines. and proposed building height. In
addition. all existing and proposed exterior building materials shall be shown
on the plan elevations. A landscaping plan shall accompany all site plans
and shall include existing and proposed ground surfaces. location of all
existing trees and other significant vegetation. as well as size. species and
number of all proposed landscaping. <Exception: A landscaping plan shall
not be required for development that does not involve the removal of
existing landscaping. or the addition of new landscaping.)
D. Criteria. All ZofliBg Site Improvement Plans shall be reviewed, and shall be
approved, approved with conditions, or denied based on the following criteria:
1. Consistency with Adopted Plans and Standards.
a. Consistency with the spirit and intent of the City's Comprehensive
Plan and this Title;
b. Compliance and consistency with any applicable Station Area
Standards and Guidelines for property in the TSA district;
c. If approval of a conditional use is being requested as part of a ZoniBg
Site Imorovement Plan, eoRsisteRej' compliance with all applicable
conditional use standards and criteria listed in this Section and in
Section 16-2-12 EMC; and
g. If approval of a limited use is being requested as part of a Site
Improvement Plan. compliance with all applicable limited use
standards and criteria listed in this Section and in Section 16-2-13
EMC: and
e ~· CoRsisteR6~' Compliance with all other applicable standards,
guidelines, policies, and plans adopted by Council.
2. Impact on Existing City Infrastructure and Public Improvements. The
proposed development shall not result in undue or unnecessary burdens on
the City's existing infrastructure and public improvements, or that
arrangements aFe shall be made to mitigate such impacts.
3. Internal Efficiency of Design. The proposed design of the site shall achievetY
internal efficiency for its users. provide adequate ef recreation; allow for
safe public access;safet:y an<l other faetors, inel~ui+n.g em Rot limit:eel to
provide adequate storm drainage facilities, sewer aael water faeiHties, graeles,
an.el matters relatin.g ciireed:y to and promote public health and convenience.
All sites shall be designed and constructed to safely accommodate
pedestrians. bicyclists and automobiles.
4. Control of External Effects. The proposed development eoRtrols shall reduce
external negative effects on-:-Wnearby land uses; and movement and
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congestion of traffie; ,!, This shall include negative impacts from noise .
lighting. signage. landscaping. accumulation of litter aoise geaeratea,
an=angemeat of sigas ana lighting to :13re-r1eat ftliisanees, laaGS6a)3Hlg, featl:ires
to :13reo.•eat lifteriftg or aeel:iffll:ilatioa of trash, and other factors deemed to
affect public health, welfare, safety and convenience.
Mer-Approval.
1. The City shall approve the proposed Site Improvement Plan if the plan meets
all requirements of this chapter or an applicable Planned Unit Development
<PUD): complies with all required adopted plans. codes and standards: and
anv negative impacts on existing or planned city infrastructure have been
mitigated.
2.
Compliance with Zonffig Site Improvement Plan Approval. The Zonffig Site
Improvement Plan shall limit and control the issuance and validity of all
building permits and occupancy permits and shall restrict and limit the
construction, location, use, and operation of all land and structures included
within the Zoning Site Improvement Plan to all limitations and conditions set
forth in the approved ZoniB.g Site Improvement Plan. Failure to maintain a
property in compliance with its approved Zonffig Site Improvement Plan
shall be a basis for enforcement action under this Title.
Lapse: General Development Applications. A Zoftffig Site Improvement Plan
shall lapse and be of no further force and effect if a building permit, or City
Manager or designee approval, as required, is not issued for the property
subject to the Zoeffig Site Improvement Plan within sHtty one hundred and
~ ( ~ 180) days from the date of approval of the Zonffig Site
Improvement Plan's ap:13roval.
J. La:13se: PUD ana TSA Applieatioas. A Zoning Site Plan shall lapse ana ee of
ao further foree a:e:El effeet if a el:iilaing :13el'Hlit, as reEJ:HireEl, is aot issl:iea for
the pro:13erty slilajeet to the Zoning Site Plan •.vithi:B three (3) years from the
Elate of the Zoniag Site Plan's a:13proval.
F. Modification and Amendment of Zoeffig Site Improvement Plans.
1. Any approved ZoBiB:g Site Improvement Plan may be modified or amended
as provided in this subsection or entirely withdrawn by the lanaov.Cfler
Applicant if a building permit has not been issued. Once a building permit
has been issued. the building permit and Site Improvement Plan shall
control. unless both the building pennit and Site Improvement Plan are
thereafter amended or abandoned as identified in this chapter.
2. The City Manager or designee may approve, or approve with conditions, an
administrative modification to an approved TSA district Zonffig Site
Improvement Plan without notice to the public, if the proposed change does
not produce any of the following conditions:
5
a. An increase in residential density, nonresidential floor area ratio
(FAR), or ground coverage of structures of more than ten percent
(10%).
b. An increase in external effects concerning traffic, circulation, safety
noise, or provision of utilities.
c. A reduction or increase in building setbacks that would violate the
requirements of the TSA district standards by more than ten percent
(10%).
d. A reduction in the amount of required off-street parking.
e. A reduction in the amount of required landscaping.
3. Any proposed amendment that does not qualify for review and approval as
an administrative modification to a Zoarng Site Imorovement Plan shall be
reviewed and approved in the same manner as an application for a new
Zoning Site Improvement Plan, and shall be subject to the same approval
criteria and appeal as a new application for a ZosHig Site Improvement Plan.
4. An application for administrative modifications to an approved Zoning Site
Improvement Plan shall be subject to the administrative rules and regulations
established by the City Manager or designee . Any proposed amendment shall
comply with the current regulations, standards, and guidelines for
development in the zone district in which the property is located.
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Section 2. The City Council of the City of Englewood, Colorado herby authorizes
amending Titlel6, Chapter 2, Section 2 entitled Summary Table of Administrative and
Review Roles of the Englewood Municipal Code 2000, to read as follows:
16-2-2: Summary Table of Administrative and Review Roles.
The following table summarizes the review and decision-making responsibilities of the
entities that have specific roles in the administration of the procedures set forth in this
Chapter. For purposes ohhis table, an "(Approval) Lapsing Period" refers to the total
time from the application's approval that an applicant has to proceed with, 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 Reuse of 16-5-3 .I R R D .I .I None
Designated Historical
Buildings
Administrative 16-2-.I D A None
Adjustments 17
Administrative Land 16-2-.I D A 60 days to
Review Permit 11 record
Amendments to the Text 16-2-6 R R D .I None
of this Title
Annexation Petitions 16-2-5 .I R R D .I .I None
Appeals to Board 16-2-.I D .I None
18
Comprehensive Plan 16-2-4 R R D .I None
Amendments
Conditional Use Permits 16-2-.I R D A .I .I 1 year
12
Conditional Use -16-7 .I R D A .I .I .I None
Telecommunication
Development Agreements 16-2-R D As stated in
15 Agreement
Floodplain Dev't. Permit See Chapter 16-4 for applicable procedures and standards
and Floodplain Variances
Historic Preservation 16-6-.I R R D .I .I None
11
Landmark Sign 16-6-.I D A .I .I
13
Limited Review Use 16-2-.I D A 1 year
7
Permits 13
Major Subdivisions 16-2-• 10
Preliminary Plat .,/ R R D .,/ .,/ .,/ 6 months to
submit Final
Plat
Final Plat R R D .,/ .,/ .,/ 60 days to
record
Simultaneous Review .,/ R R D .,/ .,/ .,/ 60 days to
Preliminary Plat/Final record
Plat
Recorded Final Plat None
Minor Subdivision 16-2-
11
Preliminary Plat .,/ D A 6 months to
submit Final
Plat
Final Plat D A 60 days to
record
Recorded Final Plat None
Official Zoning Map 16-2-7 .,/ R R D .,/ .,/ .,/ None
Amendments (Rezonings)
PUD and TSA Rezonings 16-2-7 .,/ R R D .,/ .,/ .,/ None
Temporary Use Permits 16-2-.,/ D A As stated in
14 Permit
Unlisted Use 16-5-.,/ D A None • Classifications l.B
6eftiftg Site Imoroveroent 16-2-9 D A ~
Plan 18Q da~s
Zoning Variances 16-2-.,/ R D .,/ .,/ 180 days
16
CM/D = City Manager or Designee (Including the Development Review Team)
PC = Planning and Zoning Commission
CC = City Council
BAA = Board of Adjustment and Appeals
1 Notice Required: See Table 16-2-3.1 Summary of Mailed Notice Requirements
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Section 3. The City Council of the City of Englewood, Colorado herby authorizes
amending Title 16, Chapter 2, Section 7 entitled Official Zoning Map Amendments
(Rezonings) of the Englewood Municipal Code 2000, to read as follows:
16-2-7: Official Zoning Map Amendments (Rezonings).
The City may initially zone annexed property, or the boundaries or areas of any zone
district may be changes, or the zone classification of any parcel of land may be changed
pursuant to this Section. Rezonings shall not be used as a way to legitimize
nonconforming uses or structures, and should not be used when a conditional use,
Zoning Variance, or Administrative Adjustment could be used to achieve the same result.
Rezonings to a Planned Unit Development district (PUD) or Transit Station Area (TSA)
district are subject to additional procedures and criteria as set forth in this Section.
I. After Approval-Lapsing Period.
1. Base District Rezoning. An approved base district rezoning shall not lapse,
but shall remain in effect until superceded by a later or inconsistent
amendment to, or replacement of, the official zoning map. However, if the
City has required the submission of a Zoning Site Improvement Plan as part
of the rezoning process, and has approved a Zoai:ag Site Improvement Plan
for the rezoned property, and the ZoniBg Site Improvement Plan later lapses
pursuant to Section 16-2-9.,.(fil EMC, the Council may initiate a rezoning of
the property to its prior zone map designation, or to an alternative
designation more consistent with the Comprehensive Plan .
2. PUD or TSA rezoning. An approved PUD or TSA district rezoning shall not
lapse, but shall remain in effect until superceded by a later or inconsistent
amendment to, or replacement of, the official zoning map.
Section 4. The City Council of the City of Englewood, Colorado herby authorizes
amending Title 16, of the Englewood Municipal Code 2000, to change the term "Zoning
Site Plan" to "Site Improvement Plan" in the following Sections:
16-2-7(1)(1)-in 3 places
16-2-13(A)
16-2-13(D)
16-2-15 -in the intro paragraph
16-2-15(A)
16-2-15(E)
16-2-19(B)(3)
16-2-19(C)(3)-in 4 places
16-2-19(E)
16-2-19(H)
16-3-2(D)(l)
16-5-2(A)(7)
16 -5-3(7)
16-5-5(D)(l)
16-5-5(E)(l )(b )(3)
16-6-3(F)(2)( c )(3)
9
16-6-3(F)(2)(f)-in 2 places
16-6-S(E)
16-6-6(B)(2) -in heading
16-6-6(B)(2)(a)
16-6-6(B)(2)(b)
16-6-6(B)(2)(c)-in 2 places
16-6-7(C)
16-6-7 (E)(3 )(b)
16-6-10(B)(3)
16-6-10(B)(5)(d)(2) -in 2 places
16-6-lO(B)(S)( d)( 4)
16-6-13(D)(3)
16-6-14(E)(2)
16-6-14(E)(3)
16-6-l 4(E)(3 )(b)
16-6-14(E)(3)(d)-in 2 places
16-6-l 4(F)( 3)
16-6-14(G)(3)
16-11-2 -Definitions -Site specific Development Plan ( c)
Zoning Site Plan
Section 5. Safety Clauses. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of
Englewood, that it is promulgated for the health, safety, and welfare of the public, and
that this Ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
the Ordinance bears a rational relation to the proper legislative object sought to be
obtained.
Section 6 . Severability. If any clause, sentence, paragraph, or part of this Ordinance
or the application thereof to any person or circumstances shall for any reason be
adjudged by a court of competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this Ordinance or it application to other persons or
circumstances.
Section 7. Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed
to the extent of such inconsistency or conflict.
Section 8. Effect of repeal or modification. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the purposes
of sustaining any and all proper actions, suits, proceedings, and prosecutions for the
enforcement of the penalty, forfeiture, or liability, as well as for the purpose of
sustaining any judgment, decree, or order which can or may be rendered, entered, or
made in such actions, suits, proceedings, or prosecutions.
Section 9. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each
and every violation of this Ordinance.
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Introduced, read in full, and passed on first reading on the 5th day of May, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th
day of May, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 7th
day of May, 2014 for thirty (30) days.
Randy P . Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full,
and passed on first reading on the 5th day of May, 2014 .
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 5, 2014 11 c i Resolution for a Supplemental Appropriation to the 2014
Budget
Initiated By: Staff Source:
Finance and Administrative Services Department Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has discussed recruiting a new City Manager since Gary Sears announced his retirement on
March 2, 2014. Council directed staff to prepare a request for proposal (RFP) to recruit a professional
recruiter. Council discussed and narrowed the field to three candidate firms at the April 21, 2014 Study
Session.
RECOMMENDED ACTION
Staff recommends City Council approve the attached resolution for a supplemental appropriation to the
2014 Budget as follows:
SOURCES AND USES OF FUNDS:
GENERAL FUND:
SOURCE OF FUNDS:
Unassigned Fund Balance $25,000
USE OF FUNDS:
Human Resources Department -Professional Services $25,000
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
City Council hires and retains a City Manager as the chief executive and head of the executive branch of
the City Government. City Council enacts legislation, sets public policy and determines the City's direction
and goals. It is the City Manager's responsibility to allocate the necessary human and capital resources to
implement legislation and achieve Council's goals.
Funds were not budgeted for this expenditure as the City Manager's retirement was not known at the time
the 2014 Budget was prepared.
FINANCIAL IMPACT
The General Fund's Unassigned Fund Balance will be reduced $25,000.
LIST OF ATTACHMENTS
• Proposed Resolution
RESOLUTION NO.
• SERIES OF 2014
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A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2014
BUDGET.
WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures do
not exceed legally adopted appropriations; and
WHEREAS, the 2014 Budget was submitted and approved by the Englewood City Council on
October 21, 2013; and
WHEREAS, in March 2014 the City Manager announced his retirement and City Council
requested staff prepare a request for proposal (RFP) to recruit a professional recruiter; and
WHEREAS, funds were not budgeted for this expenditure as the City Manager's retirement
was not know at the time the 2014 Budget was prepared; and
WHEREAS, the Englewood City Council hires and retains a City Manager as the chief
executive and head of the executive branch of the City Government.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Budget for the General Fund of the City of Englewood, Colorado, is hereby
amended for the year 2014, as follows:
GENERAL FUND
SOURCE OF FUNDS:
Unassigned Fund Balance $25,000
USE OF FUNDS:
Human Resources Department -Professional Services $25,000
Section 2. The City Manager and the Director of Finance and Administrative Services are
hereby authorized to make the above changes to the 2014 Budget for the City of Englewood.
ADOPTED AND APPROVED this 5th day of May, 2014 .
AITEST:
Randy P . Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No . __ , Series of2014.
Loucrishia A. Ellis, City Clerk
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COUNCIL COMMUNICATION
Date Agenda Item
May 5, 2014 11 c ii
INITIATED BY STAFF SOURCE
Subject
Interim Disinfection Improvements
Project -Award of Construction
Contract
Littleton/Englewood WWTP Supervisory
Committee
Stewart H . Fonda, Director of Utilities
Chong Woo, Engineering/Maintenance Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approval of the 2014 Littleton/Englewood WWTP Construction in Process Budget.
RECOMMENDED ACTION
The recommended action is to approve, by Motion, a construction contract for the Interim Disinfection
Improvements Project located at the Littleton /Englewood WWTP. Staff recommends awarding the contract
to the lowest reliable and responsive bidder, RN Civil Construction, in the amount of $432,000.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
• On August 12, 2013, staff presented to City Council a recommendation to proceed with an Interim
Disinfection Improvements Project. The recommendation was based on two separate engineering reports .
The first report, prepared by Brown and Caldwell, evaluated the existing liquid chlorine system and
recommended conversion to an alternate disinfection system (ultraviolet light disinfection). The second
report, prepared by CH2MHill, assessed the need for conversion against the acceptability of risk and the
potential for violations. While the CH2MHill report did not make recommendations regarding the
acceptability of violations, it did make several recommendations for a small scale project to minimize the
potential for violations in lieu of a large scale capital project. Based largely on the CH2MHill report, a
project to convert to ultraviolet light disinfection was stopped.
•
The Interim Disinfection Improvements Project is designed to maintain the asset reliability of the existing
liquid chlorine system. The project intent is to minimize risk and maintain permit compliance until such
time when an alternate disinfection system would be required. Staff reviewed the CH2MHill
recommendations and incorporated portions into this project. Brown and Caldwell performed the project
design, developed the bidding specifications, and conducted the bid evaluations. At the time of the initial
design, the construction cost was estimated at $1,000,000, which included contingencies and fees.
However, through an evaluation of our existing processes, staff was able to minimize the project scope and
reduce the overall construction cost. Staff worked with Brown and Caldwell to model our processes and
better optimize our existing control systems. Additionally, staff evaluated the initial design and worked to
develop more cost effective solutions .
The Interim Disinfection Improvements Project includes :
• Installation of new Oxidation/Reduction Potential probes, controllers and transmitters, and
completion of programming integration. Provides redundant control devices for the liquid
chlorine system.
• Installation of new level sensors and transmitters at each of the eight Denitrification Filters , and
completion of programming integration. Provides accurate monitoring and control of backwash
cycles to minimize flow variations which impacts the downstream chlorine system. In addition,
provides added benefit to reduce energy expenditures by minimizing daily backwash sequences.
• Coating of the Denitrification Clearwells to mitigate algae growth which interferes with the
downstream chlorine system.
• Installation of parallel liquid chlorine feed system in the Disinfection Building. Provides
redundancy during routine maintenance of the piping system.
• Improvements to the final effluent sampling, pumping, piping and supports. Provides accessibility
for routine maintenance of the pumps, replacement of sample hoses, and provides redundant
sampling lines.
The project was advertised on the Rocky Mountain E-Purchasing System (Bidnet). Bid Opening was
conducted on April 10, 2014. A total of three (3) Bids were received, with the following base bid results .
RN Civil Construction, Centennial, CO
Stanek Constructors, Inc., Golden, CO
Asian Construction, Inc., Berthoud, CO
$432,000
$496,000
$536,000
•
RN Civil Construction was identified as the apparent low bidder. Based on our review, RN Civil's Bid is
responsive and complete. RN Civil is a general construction contractor specializing in water-wastewater •
projects. RN Civil is well known in the industry, and qualified and competent to perform the scope of work
for this project.
FINANCIAL IMPACT
The project was budgeted, and the contract amount ($432,000) is available in the 2014 Budget. The Bid
amount is included in the 2014 Construction in Process Budget and will be shared 50/50 by the Cities of
Englewood and Littleton .
LIST OF A TI ACHMENTS
Bid Tabulation Sheet
Contract
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City of Englewood Bid Tabulation Sheet
Bid Opening Date: April 10, 2014 2:00 P.M. MDT
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ITEM BID: ITB-14-007 Interim Disinfection Improvements Project
n.it::\.t:lt"l UI
Addendums 1 &
Vendor Bid Bond Y/N SOQY/N 2 Y/N
Stanek Constructors, Inc.
651 Corporate Cir., Ste 108
Goldon, CO 80401
Robert Stanek -President
303-980-8233 y y y
Asian Construction, Inc.
120 Bunyan Ave., Ste 200
Berthoud, CO 80513
Michael Pelphrey -President
970-344-1040 y y y
RN Civil Construction
5975 S Quebec St. Ste 140
Centennial, CO 80111
Daniel Niehus -Owner
303-482-3059 y y y
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1 · --Apparent Low Bidder I
Total Bid Exceptions:
$ 496,000.00
$ 536,000.00
$ 432,000.00
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CONTRACT
CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT and agreement, made and entered into this __ day of
-----• 20_, by and between the City of Englewood, a municipal corporation of
the State of Colorado hereinafter referred to as the "City", and RN Civil Construction,
whose address is 5975 South Quebec Street. Suite #140. Centennial. Colorado 80111,
("Contractor''), commencing on the __ day of , 20_, and continuing
for at least ten (10) days thereafter the City advertised that sealed proposals would be
·received for furnishing all labor, tools, supplies, equipment, materials and everything
necessary and required for the following:
PROJECT: LIE WWTP Interim Disinfection Improvements Project
WHEREAS, proposals pursuant to said advertisement have been received by the Mayor
and City Council and have been certified by the Director of Utilities to the Mayor and City
Council with a recommendation that a contract for work be awarded to the above named
Contractor who was the fowest reliable and responsible bidder therefore, and
WHEREAS, pursuant to said recommendation, the Contract has been awarded to the
above named Contractor by the Mayor and City Council and said Contractor Is now
willing and able to perform all of said work in accordance with said advertisement and
his proposal.
NOW THEREFORE, in consideration of the compensation to be paid and the work to be
performed under this contract, the parties mutually agree as follows:
A. Contract Documents: It is agreed by the parties hereto that the following list of
instruments, drawings and documents which are attached or Incorporated by
reference constitute and shall be refened to either as the Contract Documents
or the Contract and all of said instruments, drawings, and documents taken
together as a whole constitute the Contract between the parties hereto and
they are as fully a part of this agreement as if they were set out verbatim and
in full: -
Invitation to Bid
Contract (this instrument)
Insurance
Performance Payment Maintenance Bond
General Conditions
Technical Specifications
Drawings sheets G-00-001-005. M-00-001-002. M-11-102.201. M-12-202.
P-00-001-003. P-11-001, P-12-201-204. E-00-001-005.
E-1 Hl01.291. E-12-001 I E-12-907
Contractor Health and Safety Agreement .
Spill Prevention, Countermeasure, Control and Clean Up Document
1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412
Fax (303) 783-6951
www.englewoodgov.org
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B. Scooe of Work: The Contractor agrees to and shaH furnish all labor, tools,
supplies, equipment, materials and everything necessary for and required to
do, perform and complete all the work described, drawn, set forth, shown and
included in said Contract Documents. ·.
C. Terms of Peliormance: The Contractor agrees to undertake the performance
of the work under this Contract within ten (10) davs from being notified to
commence work by the Director of Utilities and agrees to fuUy complete said
work by December 30. 2014, plus such extension or extensions of time as
may be granted by the Director of Utilities in accordance with the provisions of
the Contract Documents and Specifications.
D. Indemnification: The City cannot and by this Agreement/Contract does not
agree to indemnify, hold harmless, exonerate or assume the defense of the
Contractor or any other person or entity, for any purpose. The Contractor shall
defend, Indemnify and save harmless the City, Its officers, agents and
employees from any and all claims, demands, suits, actions or proceedings of
any kind or nature including Worker's Compensation claims, in any way resulting
from or arising out of this Agreement/Contract provided, however, that the
Contractor need not Indemnify or save harmless the City, its officers, agents and
employees from damages resulting from the sole negligence of the City's
officers, agents and Employees.
E. Accidental Spills and/or Releases of Chemicals. Process Wastewater or Other
Unoermitted Substances to the Site: If a release of chemicals, process
wastewater or other unpermitted substance is splned, leaked, or otherwise
released . to the environment or Site, by CONTRACTOR, subcontractors,
suppliers, or anyone else for whom CONTRACTOR is responsible,
CONTRACTOR will take immediate steps to secure or otherwise isolate such
condition, immediately notify the Littleton/Englewood Wastewater Treatment
Plant staff and contain and dean up any such substance or spill. CONTRACTOR
is responsible for making all notifications and complying with al regulatory
requirements related to such an incident Any waste generated as a result of a
spill, leak, or other release to the environment or Site by CONTRACTOR,
subcontractors, suppliers, or anyone else for whom CONTRACTOR is
responsible shall become the property of CONTRACTOR and shall be disposed
of in accordance with all applicable requirements. In addition to cleanup and
disposal costs, CQNTRACTOR is responsible for all costs associated with
demobilization, remobilization, medical examinations, and all other costs, claims,
losses, and damages, including but not limited to attomey fees and litigation
costs as well as fines and penalties, incuned by Littleton/Englewood Wastewater
Treatment Plan as a result of any substance or material that is spilled, leaked, or
otherwise released to the environment or Site by CONTRACTOR,
subcontractors, suppliers, or anyone else for whom CONTRACTOR is
responsible.
F. 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
1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412
Fax (303) 783-6951
www .englewoodgov.org
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specifying the effective date of such termination, at least thirty (30) days before
the effective date of such termination. In that event ail finished or unfinished
service, reports, material (s} prepared or furnished by the Contractor after the
award shall, at the option of the City, become Its property. If the award is
tenninated by the City as provided herein, the Contractor will be paia that
amount which bears the same ratio to the total compensation as the services
actually perfonned or material furnished bear to the total services/materials the
successful firm agreed to perform under this award, less payments of
compensation previously made. If the award is tenninated due to the fault of the
Contractor the clause relating to termination of the award for cause shall apply.
G. Termination of Award for Cause: If, through any cause, the Contractor shall fail
to fulfill in a timely and proper manner its obligations or If the Contractor shaU
violate any of the covenants, agraements or stipulations of the award, the City
shall have the right to terminate the award by giving written notice to the
Contractor of such termination and specifying the effective date of termination.
In that event, all furnished or unfinished services, at the option of the City,
become Its property, and the Contractor shall be entitled to receive just, equitable
compensation for any satisfactory work documents, prepared completed or
materials as furnished.
Notwithstanding the above, the Contractor shall not be relieved of
the liability to the City for damages sustained by the City by virtue of
breach of the award by the Contractor and the City may withhold
any payments to the Contractor for the purpose of set off until such
time as the exact amount of damages due the City from the
Contractor is determined.
H. Terms of Payment: The City agrees to pay the Contractor for the performance
of all the work required under this contract, and the Contractor agrees to
accept as his full and only compensation therefore, such sum or sums of
money as may be proper in accordance with the price or prices set forth in the
Contractor's proposal attached and made a part hereof, the total estimated
cost thereof being Four Hundred Thirty Two Thousand and 0/100 Dollars
($432.000.00). A 5% retainage of the awarded project amount will be withheld
until final inspection and acceptance by the Project Manager.
I. Appropriation of Funds: At present, $432.000.00 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, § 20 of the Colorado Constitution ("TABORj. The parties do not
intend to violate the terms and requirements of TABOR by the execution of
this Agraement. It is understood and agreed that this Agreement does not
create a multi-fiscal year direct or indirect debt or obligation within the
meaning of TABOR and, notwithstanding anything In this Agreement/Contract
to the contrary, all payment obligations of the City are expressly dependent
and conditioned upon the continuing availability of funds beyond the term of
the City's current fiscal period ending upon the next succeeding December 31.
1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412
Fax (303) 783-6951
www.englewoodgov .org
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Financial obligations of the City payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available in accordance with the rules, regulations, and
resolutions of the City and applicable law. Upon the failure to appropriate
such funds, this Agreement shall be deemed terminated. The City shall
immediately notify the Contractor or its assignee of such occurrence in the
event of such termination.
J. Liquidated Damages: The City and Contractor recognize that time Is of the
essence in this Agreement because of the public interest in health and safety,
and that the City will suffer financial loss, and Inconvenience, if the Work is not
complete within the time specified in the bid documents, plus any extensions
thereof allowed in accordance with the General Conditions. They also
recognize the delays, expense and difficulties Involved in proving, in a legal
proceeding, the actual loss suffered by the City if the Work is not complete on
time. Accordingly, instead of requiring any such proof, the City and Contractor
agree that as liquidated damages for delay, but not as a penalty, Contractor
shall pay the City S1 .000 for each day that expires after the time specified for
substantial completion until the Work is complete, and $1.000 for each day
that expires after the time specified for final completion until the Work is finally
complete.
K. Assignment: Contractor shall not, at any time, assign any interest In this
Agreement or the other Contract Documents to any person or entity without
the prior written consent of the City specifically including, but without limitation,
moneys that may become due and moneys that are due may not be assigned
without such consent (except to the extent that the effect of this restriction may
be limited by law). Any attempted assignment which Is not in compliance with
the terms hereof shall be null and void. Unless specifically stated to the
contrary in any written consent to an Assignment, no Assignment will release
or discharge the Assignor from any duty or responsibility under the Contract
Documents.
L. Contract Binding: It Is agreed that this Contract shall be binding on and Inure
to the benefit of the parties hereto, their heirs, executors, administrators,
assigns, and successors.
M. Contractors Guarantee: 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 Utilities whose decision upon the matter shall be
final and obligatory upon the Contractor.
1000 Englewood Parkway, Englewood, Colorado &0110 Phone (303) 762-2412
Fax {303) 703-6951
www.englewoodgov.org
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VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING
HIRING OF ILLEGAL ALIENS
(a) Employees, Contractors and Subcontractors: Contractor shall not knowingly
employ or contract with an illegal alien ta :perform work under this Contract. Contractor
shall not contract with a subcontractor that fails to certify to the Contractor that the
subcontractor will not knowingly employ or contract with an illegal alien to perform work
under this Contract. [CRS 8-17.5-102(2)(a)(I) & (II).]
(b) Verification: Contractor will participate in either the E-Verify program or the
·Department program, as defined in C.R.S. 8-17.5-1-01 (3.3) and 8-17.5-101 (3.7)
respectively, in order to confirm the employment eligibility of all employees who are
newly hired for employment to perform work under this public contract. Contractor is
prohibited from using the E-Verify program or the Department program procedures to
undertake pre-employment screening of job applicants while this contract is being
performed.
(c) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that
a subcontractor performlng 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 allen; and
(2) terminate the sub-contract with the subcontractor if, within three days
of receiving notice required pursuant to this paragraph the subcontractor does
not stop employing or contracting with the Illegal alien; except that the Contractor
shall not terminate the contract with the subcontractor If during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with the illegal alien.
(d) Duty to Comply with State Investigation: Contractor shall comply with any
reasonable request of the Colorado Department of Labor and Employment made in the
course of an investigation by that the Department Is undertaking pursuant to C.R.S. 8-
17.5-102 (5).
(e) Damages for Breac~ of Contract: The City may terminate this contract for a
breach of contract, in whole or in part, due to Contractor's breach of any section of this
paragraph or provisions required pursuant to C.R.S. 8-17.5-102. Contractor shall be
liable for actual and consequential damages to the City in addition to any other legal or
equitable remedy the City may be entitled to for a breach of this Contract under this
Paragraph.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and
year first written above.
1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2412
Fax (303) 783-6951
www .englewoodgov.org
5
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CITY OF ENGLEWOOD
(Signature)
Date:------::.,--. __ By: ___________ _
(Print name and Title)
ATTEST: __ ~--------
City Clerk
By: --I~~....,,,..:;;._~--'------....
lgnature)
Date: _______ _
~wt\ f. Ni ~~s, ~wN ( -fY\"-Y\~; f\t\ (f iJtMf
(Print name and Title) J
STATE OF t_t>\~v ~~ )
l . , I ) SS.
COUNTYOF w1~~..__)
On this da~f , 20_, before me personally,
appeared ~zt <l ;'J:k , known to me to be the OWJ\2-f-i'Nk[!\ll ~c..{fr\l r"
of RQ __:_\L_ C: t!b.U:\b . , the corporation that ·
executed the within and foregoing instrumept, and acknowledged the said instrument to
be the free and voluntary act and deed of said corporation for the uses and purposes
therein mentioned, and on oath stated that he was authorized to execute said
instrument.
1000 Englewood Parkway, Englewood, Colorado BOllO Phone (303) 762-2412
Fax (303) 783-6951
www.englewoodgov.org
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