HomeMy WebLinkAbout2005-08-01 (Regular) Meeting Agenda Packet·•
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Regular City Council Meeting
August 1, 2005
O<din•nce • ,{ y.' jlf. ,/ ~ 38, 39, 40, 41, 42, 43
Resolution # 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COWRADO
Regular Session
Aqust I, 2005
I. Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:32 p.m.
2. Invocation
The invocation was given by Council Member Barrentine.
3. Pledge of Alleglance
The Pledge of Allegiance was led by Mayor Garrett .
4. Roll Call
Present:
Absent:
A quorum was present .
Also present :
Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw,
Wolosyn, Woodward
None
Acting City Manager Aa.hcny
City Attorney Brotzman
City Clerk Ellis
Deputy City Clerk Bush
Director Olson, Safety Services
Director Long. Library
Director Fonda, Utilities
Director Black, Parks and Recreation
Police Lieutenant Sanchez, Safety Scrvicc..s
Director Ingle, Information Technology
5. Consldention or Minutes or Previous Session
(a) COUNCIL MEMBER WOLOSVN MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 18, 2005.
Mayor Garren asked if there were any comments, discussion or corrections. Tiicrc were none .
Vote results:
Ayes :
Na~:
M ,on carried .
Council Members Barrentine. Moore, Bradshaw, Garrett, Wolosyn.
Woodward. Tomasso
None
(a) Englewood residents Kathleen Wal5h and her husband were scheduled to address City Council .
The> .. ere not present .
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Englewood City Council
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(b) Richard Raymond said I formerly lived at 4644 South Lincoln Avenue . I think several people in
this office know me . You, Dan Brotzman, for sure. Beverly Bradshaw, you should and Mr. Olson, you should. ln
November 2004 I requested an internal investigation of the Police Department in Englewood. The subsequent seven
days I was pulled over five times at gun point by the Englewood Police Department, not to be charged one time .
You know what lam talking about Brotzman ... five times . My lawyers wrote letters to the City Attorney. Mr .
Olson, especially you, you know exactly what I am talking about. Beverly Bradshaw, I talked to you personally
after this incident and you promised me a fair and balanced investigation and I went, wow, a Bill O'Reilly fan . This
lady is going to do me right. You promised me an investigation, you would call me when it was complete and we
would sit down and we would discuss the investigation. You never called me and in my eyes that makes you
another politician talking out of the side of your mouth and you are not welcome to talk to me through the rest of
this meeting. Thank you. February 21, 2005 l filed a police report about stolen guns at my house at 4400 South
Lincoln, excuse me, I'm a little nervous. The police took the report, they walked into my house and said this is
obviously someone that you knew. They didn't steal anything else. I told them the guy's name and lady that lived
at that house . We looked up his record and he has five domestic charges against him, five drug charges ... one he is
spending six years in Arapahoe County jail for. That report was handed over to a detective. Funny, I just checked
two weeks ago and my guns weren't even entered into the Alcohol, Tobacco and Firearms stolen guns list. Moving
on from February 21 • to February 28"', l filed a harassment charge against Mark Luker at my house for threatening
me and his wife that lived there at the time. He was subsequently arrested . Three days later Mark Luker forced his
wife to change a restraining order in his name and jab me and two days later she filed a false report against me and l
was arrested at 7 o'clock in the morning on a Friday in Englewood . They told me I couldn't be seen in front ofa
judge until Monday because the docket was full. So, l was held on a no-bond hold for three days . When I got out
that day, I came right here and I checked Friday on that court docket, there were four pre-trial hearings scheduled.
There was no way in hell that you couldn't get me in . That is because the City Attorney is in bed with Division
Chief Thomas Vandermee. Three days after I got out of jail I filed a theft report with Division Chief Vandcrmec
and he said he would investigate my furniture th11t was stolen out of my house, which l brought in receipts and credit
card receipts in my name. On the police report he claimed he talked to Ms. Luker and she claimed to have receipts.
l don't think a rookie out of the academy would take a theft report over the phone. It was only a matter of
discrediting Rich Raymond who jabbed the Englewood Police Department. April 11• Mark Luker went to
trial. .. while he is on extensive probation out of Arapahoe County of awaiting seven year sentencing on 10 ounces of
methamphetamine which he had manufactured with his kids. The City Attorney gave that guy a deferred arrest and
threw his case out. I got pissed and called his probation officer. The probation officer called the City Attorney's
office and they lied about the date on Mr. Luker's court date . They jerked me off for three months. l gave Dugan
Coope, or whatever his name is, I'm sorry I don't remember and lam sorry that I'm upset, I gave him four
individual people that testified that she told them that she lied to the police about me and he refused to investigate
it. .. well the case was dismissed last week . This is disgusting. But when I was arrested the last time on March Is•. I
had Sergeant Watson, who has pointed his gun at me now five times. standing six feet from my head shaking his
hand with hi s eyes rolled back like a shark, when I submitted ... and you do with the Englewood Police ... he put his
hand s on me and shoo k me abruptly to let me know he was in charge and he leaned over in my right ear with his
scotch sta le breath and said "I got you thi s time , you son-of-a-bitch." Now, it is public record, is anybody going to
do thi s Mr. Mayor, thi s is o n your watch. You're the top cop. ls somebody going to stop thi s? I looked at the 18th
Judicial Circuit this week and I am filing for them to do an internal investigation and lam demanding this Council
do an internal investigation . It is disgusting in the City that a cop can be in bed with an attorney and you can cross
an innocent citizen like that. The prosecuting attorney's claim was that I was a criminal too. The last thing on
Ri chard Raymo nd 's record was a OW AJ 24 years ago ... I was a 22 year old nitwit kid . I don't break the law and I
don't appreciate being treated like that. And you guys know it , especially you, Beverly Bradshaw, you promised me
th at you would si t down and go over that. .. you lied to me. You are no different than any other politician, Beverly
Brad shaw , and yo u know too, Dan Brotzman , and so do you, Mr . Olson . Does anybody else have any thing to say
to me ? Is anybody go in g to do anything?
Mayor Garren said we will bring this up. I gue ss, under Council Members Choice at the end. We don 't get into
debates at thi s point in the meeting.
Mr . Raymond said I don't want a debate , sir . I do n't want co ps pointing guns at innocent citizens, especially drunk
cops . I know what an alcoho li c is, I've been one for 24 years of my life. I just happen to be dry for the last 11
years. I know what an alcoholic's shake is . And I know what a 45 is too and it is nol comfortable having it being
poinred at your head, especially in spite. When I filed that theft report , I to ld Division Chief Vandcrmee, you can't
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tell me those cops at my house didn't know who you were and he said, "you're god damned right they knew who
you were, I told them who you were ." What am I supposed to believe with that? Sergeant Snyder was sitting right
there. he can lie for them too, like all the other cops have lied for each other in the City, but I expected something to
be done from you guys . It is pathetic that a Police Department is run like this. I think my tirade is up.
Mayor Garrett said thank you very much . Mr. Raymond said thank you .. .I can get out of this town without getting
beat up or anything, right?
7 . Recognition of Unscheduled Public Comment
There were no unscheduled visitors .
8. Communications, Proclamations and Appointments
There were no communications, proclamations or appointments.
9 . Consent Agenda
(a) Approval of Ordinances on First Reading
There were no additional items submitted for approval on first reading. (See Agenda Item 11 .)
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 9 (b) (I), (Ii), (Iii), (Iv) and 9 (c) (I).
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO. 32, SERIES OF 2005 (COUNCIL BILL NO. 32, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF A HOUSING REHABILITATION
PROPERTY LOCATED AT 3596 SOUTH BANNOCK STREET IN THE CITY OF ENGLEWOOD,
COLORADO.
(ii) ORDINANCE NO. 33, SERIES OF 2005 (COUNCIL BILL NO. 33, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN INTERGOVERNMENTAL GRANT "THE
JUSTICE ASSISTANCE GRANT" BETWEEN THE CITY OF ENGLEWOOD, AND THE EDWARD BYRNE
JUSTICE ASSISTANCE PROGRAM WHICH IS FUNDING FOR A NEW MOBILE DATA TERMINAL
SERVER TO RUN NCIC/CCIC CLEARANCES.
(i ii ) ORDINANCE NO. 34, SERIES OF 2005 (COUNCIL BILL NO. 34, INTRODUCED
BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR FY05
MISCELLANEOUS EQUIPMENT PURCHASES PROGRAM FOR TRAFFIC EQUIPMENT BETWEEN THE
DENVER REGIONAL C~UNCIL OF GOVERNMENTS (DRCOG) AND THE CITY OF ENGLEWOOD.
COLORADO.
(iv) ORDINANCE NO. 35, SERIES OF 2005 (COUNCIL BILL NO. 35, INTRODUCED
BY COUNC IL MEMBER BRADSHAW)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF
COMMISSIONERS OF ARAPAHOE COUNTY . COLORADO, BY AND THROUGH THE ARAPAHOE
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COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A
COORDINATED ELECTION ON NOVEMBER I, 2005.
(c) Resolutions and Motions
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(i) The transfer of title and ownership of the Bookmobile lu Douglas County Libraries for
the amount of $2~.000 .00.
Vote results:
Ayes :
Nays :
Motion carried .
10. Public Hearing Items
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
No public hearing was scheduled before Council.
11 . Ordinances, Resolution and Motions
(a) Approval of Ordinances on First Reading
(i) Director Fonda presented a recommendation from the Utilities Department to adopt a bill
for an ordinance authorizing participation in the South Plalte River Protection Plan. He said this is the final
ordinance that you need lo pass as part of this South Platte River Protection Plan. This is where the federal
government was going to designate the River Wild and Scenic, and a number of entities got together and provided
an alternative wherein we would contribute funds and do work on the South Platte River that would protect the river
in the fashion that the Forrest Service wanted . As part of this, they have formed a fund that we are now agreeing,
through this ordinance, to join the South Plane Enhancement Fund , a donor advised fund of the Denver Foundation.
The Denver Foundation exists to distribute funds and there is a Board of Directors from the entities that an:
participating that will then direct how those funds are to be spent by the Foundation . This just establishes the South
Platte Enhancement Fund which is the fund of the Denver Foundation .
Mayor Garrett asked if there were any questions for Mr . Fonda . There were none .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (I)· COUNCIL BILL NO. 24.
COUNCIL BILL NO . 24, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING AN lNTERGOVERNMENT AL AGREEMENT
EST ABLISH!NG THE SOUTH PLATTE ENHANCEMENT FUND -A DONOR ADVISED FUND OF THE
DENVER FOUNDATI ON BETWEEN DOUGLAS COUNTY , JEFFERSON COUNTY, SOUTH METRO
WATER SUPPLY AUTHORITY, PARKER WATER AND SANITATION DISTRICT. CITY OF AURORA,
COLORADO SPRlNGS UTILITIES , CITY OF THORNTON , DENVER WATER AND THE CITY OF
ENGLEWOOD. COLORADO .
Ma yo r Garrett asked if there was any Co uncil di sc uss ion . There was none .
Vote results :
Ayes :
Na ys :
Motio n carried .
Council Members Barrentine, Moore . Bradshaw, Garrett , Wolosyn,
Woodward , Tomasso
None
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Englewood City Council
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(ii) Director Black presented a recommendation from the Department of Parks and
Recreation to adopt a bill for an ordinance authorizing an Intergovernmental Agreement defining joint responsibility
between the City of Englewood and Englewood Schools for care and maintenance of a Multiuse Recreational
Facility at Sinclair Middle School. He said this joint use agreement is between the City of Englewood and the
Englewood Schools. The site we arc talking about is Sinclair Middle School. As you recall, we closed Sinclair pool
with the opening of Pirate's Cove. We had a community meeting that was hosted by the Englewood School Board .
We had City staff and school board members attend that meeting and the community wanted to return that site to its
natural area which was green space and wc agreed to that. As part of that agreement as well, we put in an all
purpose court at Sinclair on the tennis coun. Council approved through the budget process funding to install at that
location, the tennis courts and a roller hockey rink . The first phase of that funding is in 2005. We plan to move
forward, doing the design and put the concrete in and then completing the project with Open Space Funds in 2006.
That site will be a full-sized roller hockey rink with bleachers and boxes and it will be an elite site. It will offer us
the opponunity to host programs that we haven't hosted before. The School District will have first use during the
school day, but after the school day the Parks and Recreation Department will schedule that site in the evenings and
the weekends.
Council Member Bradshaw said will it be lighted? Mr. Black said no, not at this time. We will be getting a cost
associated with lighting that facility, but our plan is not to light it at this time.
Council Member Bradshaw said but there arc lights there. Mr. Black said there arc lights there, that is correct.
However, because of the size of the rink, it will be larger than what is there and some of the lights arc in the
middlc ... those lights would not work. We would have to put a new system in.
Council Member Bradshaw said was this agreement drawn up by the Schools? Mr. Black said it was drawn up by
the schools and reviewed by the City Attorney's Office. We made several adjustments to it and the School Board
has approved this agreement.
Council Member Bradshaw said there arc some typos therc ... one is, outdoor regulation basketball coun ... there
should be a comma ... an inline hockey rink with benches, player benches, etc. The other thing is there is already a
storage shed therc ... it is further nonh ... but do wc want to build our own? There is a concrete storage shed to the
nonh. Mr. Black said wc arc not building a storage.shed, we arc pouring concrete for lhc roller hockey rink. Ms.
Bradshaw said it says "a portable storage shed" in this agreement. Mr. Black said on lhc site? Ms. Bradshaw said
yes.
Council Member Woodward said "amenities shall include" ... rnaybe it means lhc storage shed is already there.
Council Member Bradshaw said no. the storage shed is the Schools. so you arc not going to use that, we arc going to
build our own. Mr. Black said no, what we will have is a temporary storage shed for the users of the site ... lhc
different teams that keep their equipment over there. Ms . Bradshaw said thank you.
Mayor Garrell asked if there were any other questions for Mr. Black.
Council Member Woodward said under number 1, it says "all costs associated with the planning and construction of
the concrete pad and recreation amenities." ls there a budget number or d you have any idea what that cost might
be? Mr. Black said the total cost of the project is about $273,000.00. Public Works has put th.at cost together. I
think it is in the range of about $50,000.00 for design. It is our hope that we can get the design completed quickly so
that we can at least get the concrete in, because if we can do that. then through the budget process wc arc funded for
2006. then we will have the si te ready to go for the Spring of next year and we will be able to have the spring season
and we won't miss another year.
Council Member Woodward said also. as 1 recall, in the community meeting, one of the priorilie$ that was coming
up was an inline hockey rink . 1 know that just the feedback that I have aoiten from my son and a number or ocher
youth was that the rink over at Flood was pretty well used and it really was time for something a little larger and
something a little better. Mr. Black said yes. it limited the use ... 1he size of that
Mayor Garrett asked if there were any other questions for Mr. Black. There were none.
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COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (II) • COUNCIL BILL NO. 36.
COUNCIL BILL NO . 36, INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED
"AGREEMENT DEANING JOINT RESPONSIBILITY BETWEEN THE CITY OF ENGLEWOOD AND
ENGLEWOOD SCHOOL DISTRICT' FOR SINCLAIR BASKETBALL COURT AND INLINE HOCKEY RINK .
Mayor Garrett asked if there were any comments.
Council Member Wolosyn said I would like to add that on the face of it, I think it is a good use of the Open Space
Funds in that it will reach a good segment of our population.
Council Member Bradshaw said the other thing is, I would encourage us to really seriously look at lighting. because
that is a very dark area and I think it would provide an opportunity for better use .if that facility . Mr. Black said we
will look at that. Ms. Bradshaw said okay .
Mayor Garrett asked if there were any other comments. There were none .
Vote results:
Motion carried .
Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
Nays: None
Mayor Garrett said thank you Mr. Black.
(iii) Director Olson presented a recommendation from the Safety Services Department to
adopt a bill for an ordinance approving a Memorandum of Understanding with the Colorado Bureau of
Investigations regarding the Violent Criminal Apprehension Program. He said I am going to be here for
Commander Byron Wicks who put this program together and 1w submincd the information. Essentially, wc are just
asking for approval of a Memorandum of Understanding with CBI so that wc can reinstitute the ViCAP Program.
which is the Violent Criminal Apprehension Program which we have used in the past. but this time the program has
been kind of redone and now we are going through CBI as opposed to the FBI. We have two people trained on this
already and it allows us to collect data, collate it, analyu it regarding really violent, serial offenders and wc think it
is an excellent prograin . There is no cost to it. They said all it takes is this signed Memorandum of Understanding
and we are ready to go.
Mayor Garrett asked if there were any questions fo r Director Olson . There were none .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (a) (Iii)· COUNCIL BILL NO. 37.
COUNCIL BILL NO . 37, INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CO LORADO BUREAU OF INVESTIGATION AND THE CITY OF ENGLEWOOD, COLORADO
PERTAINING TO THE VIOLENT CRIMINAL APPREHENSION PROGRAM (ViCAP).
Mayor Garrett asked if there was any discussion or comment among Council . There was none .
Vote results:
Ayes : Council Members Barrentine, Moore. Bradahaw. Garrett . Wolosyn.
Woodward , Tomasso
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Nays:
Motion carried.
Director Olson said thank you.
None
(b) Approval of Ordinances on Second Reading
(i) Council Bill No. 14, as further amended, approving amendments to Title 16. Chapter 6 of
the Englewood Municipal Code pertaining to Fences and Retaining Walls was considered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (I)· ORDINANCE NO. 36, SERIES OF 2005.
ORDINANCE NO. 36, SERIES OF 2005 {COUNCIL BILL NO. 14, INTRODUCED BY COUNCIL MEMBER
BRADSHAW)
AN ORDINANCE AMENDING TITLE 16, CHAPTER 6, SECTION 6, OF THE ENGLEWOOD MUNICIPAL
CODE 2000, WHICH PERTAINS TO FENCES AND RETAINING WALLS.
Vote results:
Ayes :
Nays :
Motion carried.
Council Members Barrentine, Moore, Bradshaw, Garren, Wolosyn.
Woodward, Tomasso
None
(c) Resolutions and Motions
(i) Director Black presented a recommendation from the Depanment of Parks and
Recreation to approve. by motion. a contract with EDA W. Inc ., of Fort Collins for professional services for the
development of a Parks Master Plan. He said when we receive the Open Space Funding, one of the keys in part of
the Open Space Funding, especially with the grant applications, is to show a plan that you have in place as to how
you plan on using 1ha1 money. Currently, there is the Platte River Plan that is already in place and the City has a
Comprehensive Plan. This Park Master Plan will review the existing facilities that we have here in Englewood and
ii will do a needs assessment throughout the community. it will do a survey, it will coordinate with the Parks and
Recreation Commission, with various user groups of our facilities such as the Enalewood Soccer Association and
the Englewood Youth Sports Association . II will map all of the data. h will make a final recommendation to staff
and the Parks and Rec reation Commission which will bring it to City Council. As part of that. there will be at least
ten different drawing concepts put together of redesign or design of new facilities that we will bring forward . We
feel 1ha1 th is will help us in the long terms si milar to what the 1997 Parks and Recreation Facilities Plan did which
kind of led the way with the renovation of the Recreation Center, the Malley Center and the building of Pirates
Cove. We think. that with the coordination of the other plans that are in place, this will guide us for the next 10 to
15 years .
Mayor Garrett asked if there were any quesiions for Dircclor Qlack. There were none.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT
WITH EDA w. INC., or FORT COLLINS FOR PROFESSIONAL SERVICES FOR THE
DEVELOPMENT OF A PARKS MASTER PLAN. ,,
Council Member Wolosyn said the ope of service . thi i what we will all be participating in in the ncllt month?
Mr. Black said ycs.1hat 1 correct. M . Wolosyn said I think it i very thoroup. I was click.in1 offthinp in my
head. well what about .... and urc enough I received an answer . Mr . Black said it is one of the most detailed scope
of scrvi{·cs 1ha1 I have dcah with in a number of )-ears and 11 ,.,II take anywhere from 9 to 12 months to complete
th1 plan . M . Wol yn said I apprec,aic 1ha1 and can sec that. on our side. there ftlSI ha\'C boen a lot of work aoina
1010 this ... ver 1hough1ful. .. and I am alad !he commwut)' ,.,II be so 1nvol\'Cld 1n the process .
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Mayor Garrett asked if there were any other questions or comments among Council.
Council Member Barrentine said no, I don't think a lot of work went into just this, I think a lot of work has always
gone into it and you already have all of this and then you put it together, because the money is available. You guys
arc always doing a great job and have Parks and Recreation's interest at heart.
Director Black said thank you.
Vote results:
Ayes:
Nays:
Motion carried.
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
(ii) Director Olson presented a recommendation from the Department of Safety Services to
approve, by motion, a contract with Logistic Systems to upgrade dispatch hardware and reporting software. He said
Ms. Everhart, our Research and Technology Manager, has been working feverishly with our IT Director Don Ingle
and Nancy Reid from the City Attorney's office on this. Essentially, what we are asking you to do is approve, by
motion, a new contract with Logistic Systems. They are the primary vendor for our CAD system ... our records
management system for the Department of Safety Services. What happened was approximately a year ago the
Forfeiture Board approved funding to get a new field reporting system for the Police officers so that they can work
off of their in-car computers to actually do the reporting in the computer, download it and have all that done there
without having to come back to the station. During the process of all that it wu discovered that, with the usistance
of the IT department again, we needed a significant upgrade on a lot of other collateral types of equipment and
software. So Mr . Ingle really researched us heavily and we have been workina with Logistic Systems back and forth
for months now and finally have corne up with an agreement that meets the standards that we require here in
Englewood for contracts, especially on these technoqy related type illlllel. So we are aski• for approval, by
motion, to go ahead and approve !ht-contract with Logistic Systems. The fundin& is there and apin. it is not
coming out of the General Fund, it is comin& out of Forfeiture Funds that reaide with the Police Division pri~ly.
So that is the basis for it. You have a lot of information there and I would be happy to answer any q,uestions u
needed.
Mayo, Garrett asked if there were any questions for Director Olson.
Council Member Bradshaw said when would the implementation take place? Director Olson dira:1ed the question
to Mr. Ingle .
Director Ingle said the project is in two phases. The first phase will upgrade the computer-aided dispatch records
management software that has been in place since, I believe, late 1997. It is based on a very old plaaform that is
slowly being de-supported by IBM and moving to a Window plalfonn thal i IOfn& to be leu c:o.tly and fflOfC
efficient for the whole system. That first aspect is to be implemented by the end of October. Then we will ao into
the field reporting system implemen1ation. which is dependent on the upgrade and thal should be done by the end of
June. with a very detailed process in between to do field testina of the application .
Council Member Bradshaw said thank you.
Mayor Garrett asked if there were any other questions .
Council Member Woodward said I noticed there are ongoina maintenance costs and upsrades oU7,190.00. I believe
is the number here. Director Olson said $7.190.00.00? Mr. Woodwud said yes. $7,190.00. Mr. Ollon said
generally I think it is going to be covered under our budaet , Mr. ln,le said ri&hl, the upp1llle or the CAD/RMS
System replaces the current maintenance thal the Safety Services Depuunenl pays for the S)'Slelll. It will Kt1111Jy be
lo~-er, I believe. by about $3,000.00 a year, beclll&ie we are aoina off or propnetary IBM hardwan, ao die net elk,ct
1s a savings for us in terms or that uparade . Director Olson said we alrady have lhM fllllded ill the Multi-Yea
Capital Projects so that ha been an onao,na funded item.
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Mayor Garrett asked if there were any other questions from Council .
Council Member Bradshaw said so it will be active by June of next year? Mr. Ingle said actually the project
schedule, I believe, calls for it to be March of 2006. Ms. Bradshaw said that is what it looks like, okay. She said
thank you .
Mayor Garrett asked if there were any more questions. There were none.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT
WITH LOGISTIC SYSTEMS TO UPGRADE DISPATCH HARDWARE AND REPORTING SOFTWARE.
Mayor Garrett asked if there was any discussion . There was none .
Vote results:
Ayes:
Nays:
Motion carried.
Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
None
12. General Discussion
(a) Mayor's Choice
(i) Mayor Garrett said we received a very complimentary letter from Saving the Historic
City Ditch. basically praising all the people that supported and helped make that project happen. I would like to
have this entered into the record .
(ii) Mayor Garrett said I wanted to commend the Safety Services Department for all the hard
work you did on Tina's case Iha~ came to a conclusion with a conviction last week . We know this was a troubling
time for all City employees and particularly Safety Services and I would like to commend you for all the hard work
you did to make that happen. Thank you very much .
, (iii) Mayor Garren said I would like to ask the City Attorney's office ... Mr. Raymond has
raised several issues this evening. if you could prepare a report or a short written note for Council to allow us to be
able to understand that a little bit better. I would apprcciatc it.
(b) Council Members' Choice
(i) Counc il Member Barrentine:
I . She said I wanted to thank Chris Olson and some of his officers for upgrading and repairing some bicycles
for a local women 's shelter. I thought it was very nice. A woman called me and was very grateful for their
invol ve ment .
2 . She said also 10 echo the sentiment. I know Carol Chambers who was an investigator that came out at the
time of that shooting and subsequently won the election for the Judicial ts•. was very complimenwy about working
with E nglewood. I. too. echo that sentiment that it was vay difficult. but I'm glad it came to that concluuon.
(ii) Council Member Bradshaw
I. She said I "'ould like to move that we authorize the City Manager to cn1er into negotiations with Miller
Weingarten Realty.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE
ENGLEWOOD CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH MILLER WEINGARTEN
REALTY REGARDING A REDEVELOPMENT PROPO&L IMPACTING THE ENGLEWOOD GOLF
COURSE UPON RECEIPT OF A S150.0N.GO NON-REnJNDABLE DEPOSIT.
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Englewood City Council
AIJIIISl 1, 200S
Pa1e 10
Mayor Garrett asked if there was any discussion.
Council Member Bradshaw said I want to compliment everyone involved in that meeting last Wednesday night. It
went over very well . I think the people there were genuinely interested and had some really good questions. We
had a meeting showing Concept D ... we had already gone through A, B and C ... of the proposal for moving the
Englewood Golf Course to the west and allowing Sheridan to redevelop some of the land along South Santa Fe.
There arc many, many more negotiations that must take place before this, but I really appreciated the principal in the
Dye Golf Course Design Group for taking his time to come and present to the citizens. I think it went over very
well and I think the rest of the citizens need to be infonncd about what is going on .
Mayor Garrett asked if there were any other comments.
Council Member Barrentine said I also wanted to say thank you for going ahead and asking for some additional
information on what the citizen has brought up about the Police Department. I think anytime ... even when you've
got a really good organization, I've always seen them very willing to be introspective and to ask tough questions in
case there is anything that we should know about. I do appreciate you asking for that information .
Vote results:
Ayes :
Nays :
Motion carried.
Council Members Barrentine, Moore, Bradshaw, Garren, Wolosyn,
Woodward, Tomasso
None
(Clerk's note : This was listed as item 12 (b) (i) on the Agenda .]
2 . She said also I need additional copies of that Concept D to present to the South Suburban Park Foundation
Board, because our bike trail goes right to the west of that development and they were concerned at our meeting last
Friday. She said I would also like the fact sheets that go with it.
(iii) Council Member Tomasso said I would like to thank the City of Englewood for all the
effort they put in on the car show and the sale. It was a very eliciting time in the down town area and I even
wandered into a few businesses I didn't know were in my district. They were really surprisina. That was a &ood
time and everyone looked happy and the weather held .
(iv) Council Member Woodward :
I . He said I want 10 second what Ray just said about. the car $how and the evenc.s of Saturday a week ago. In
talking to one of the merchants today, they had mcnlioncd that they were busy within their store, and behind their
store. all day,long . I think we will probably be seeing this car show nellt summer. Ms. Bradshaw said it wu fun .
Mr. Woodward said it was great .
2 . He said I wanted 10 mention that thi nwks my one year anniversary on Council and I want to !hank
ci tize ns. taff and members of Council for all the support and assistance that I have been given.
3. He said the Sound of Summer this week is the Colorado Honof Band which wm be playina Thunday
night out at the amphitheater .
4 . He said tomorrow evening i National Night Out and that is somcthin& that Eapewood eaccb 11 ... I think
not o nly in the State. but in the councry. so if you have the opportunity to puticiplle and go IO a block party, please
do. Thank you .
( ) Council Member Wolosyn:
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Englewood City Council
August 1, 2005
Page 11
1. She said I would like to address the Brian Mueller Golf Tournament contribution. I think we agreed to
purchase two foursomes and split it from our Discretionary Fund. Michael, is that still the case, arc we doing it that
way'/
Assistant City Manager Flaherty said there may be some shortage in the Discretionary Fund, however, Council has
$1 ,000.00 in their Aid to Individuals or we could take thi s from the Contingency Fund as well.
Mayor Garrett said how much was the foursome? Mr . Flaherty said I think they were $400.00 each. Ms. Wolosyn
said we don't have $800.00 left? Mr . Flaherty said I think we can probably find the money in the budget. Mr .
Garrett said isn 't it $50.00 a person in the Discretionary? Mr. Flaherty said right. Ms. Bradshaw said per month so
that is $600.00 per year. Mr. Garrett said you can have my $600.00 as I will not be using it. After further discussion
it was decided it would be taken out of the Discretionary Fund and they wanted to stress it was from all seven
Council Members.
[Clerk's note: This was listed as item 12 (b) (ii) on the Agenda.]
2 . She said I jusl want to reiterate what I said in there. I really enjoyed working with the City Ditch group.
All of those people and our staff, I think we all worked together in a very positive manner to reach a good solution
for Englewood. I want to thank you Stu and also Bill McCormick.
13 . City Manqer's Report
Acting City Manager Flaherty did not have any matters to bring before Council.
14. City Attorney's Report
(a) City Attorney Brauman said we have a request to enter into a Joint Defense Agreement with
Aurora on one of our water cases. Actually, what they would like to do is help pay for our water attorney and help
pay mostly for engineering services for Joe Tom Wood. We have to do the study anyway, they are paying our fees
for it so I am requesting that we enter into the joint agreement.
Mayo r Garrett asked if there were any questions for Mr. Brotzman. There were none .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ENTER INTO A WATER
ISSUE -JOINT DEFENSE AGREEMENT WITH AURORA,
Vote results:
Ayes:
Nays :
Motion carried.
15 . Adjournment
Co uncil Members Barrentine, Moore, Bradshaw , Garrett. Wolosyn,
Woodward, Tomasso
None
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1.
2.
3 .
4 .
5.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
Monday, August 1, 2005
7:30 p.m.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Call to order. '7.'J/1... ~
In vo ca tion . ~
Pledge of Allegiance . ~
Roll Call . au '7 ~
Consideration of Minutes of Previous Session .
~'l-oa. Minutes from the Regular City Council meeting of July 18, 2005.~
6 . Recognition of Sch eduled Publ ic Comment. (Please limit your presentation to ten minutes.)
a. Engl ewood cesid11111s l~tllleen Walsh and her husband will address City Council. --b . Engl ewoo d res ident Ri c hard Ray mond will addres s City Council regarding the Safety
Services' Police Divi si o n and th e Pro sec utor's Office .
7. Recogni tion of Unscheduled Pu blic Comment. (Pl ease limit your presen tation to five minutes.
Time for unscheduled p ublic commen t may be li mited lo 45 mi nute s and if limited sha ll be
con tin ued to General Discussion .)
ff
8. Com mun ica ti ons, Procla m ations, and Appointments. :e--.
9. Consen t Agenda It ems .
a.,roval of Ordinances on Firs t Reading.
Pl ease no te: If you have a d1 sabihty and need auxiliary aids or services, please notify lhe City of Englewood
(303 ,76 2-240 7) at least 48 hours in advance of when services are ntt'ded. Thank ou.
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Englewood City Coun cil Ag enda
August 1, 2005
Pa~fl-1) ~~~~~~'
7r~ b . Approval of Ordinances on Second Reaaing 9 P' 'l / I
1
/1/'/-JJl"/-9~/
iii.
Council Bill No. 32, approving the redemption and subsequent sale of 3596 South
Bannock Street (a single-family home) acquired through the foreclosure process as
defined by Colorado Stale Statutes
Council Bill No. 33, authorizing acceptance of the Justice Assistance Grant for a new
mobile data terminal server to run NCIC/CCIC clearances. This grant is in the
amount of $26,562.
Council Bill No. 34, lo enter into an Intergovernmental Agreement (IGA) with the
Denver Regional Council of Governments for 2005. This IGA will allow DRCOG to
reimburse the City of Englewood for the signal system equipment purchases in the
amount of $30,000 related to the FY05 Miscellaneous Equipment Purchase Program .
Council Bill No. 35, approving an Intergovernmental Agreement between the City of
Englewood and Arapahoe County for the November 1, 2005 Coordinated Mail Ballot Election .
c. Resolutions and Motions.
i. Recommendation from the Library Department to approve, b~, the transfer
of title and ownership of the Bookmobile to Douglas County Libraries for the
amount of $28,000 . STAFF SOURCE: Hank Long, Director of Library Services .
10. Public Hearing Items . (No Public Hearing Scheduled .) g-
11 . Ordinances, Resolutions and Motions.
a .
~'l-D
~17-o
Approval of Ordinances on First Reading .
i. £gunc il Bill No 74.-Recommendation from the Utilities Department to adopt a bill
for an ordinan ce authorizing participation in the South Platt ·ver Protection Plan.
STAFF SOURCE: Stewart H. Fonda, Director of Utilities .
ii. Co un ci l Bill No. 36 -Recommenda ti on from the Department of Parks and
Recrea tion to adopt a bill for an ordinance authorizing an Intergovernmental
Agreem ent defin ing joint responsibility between the City of Englewood and
Engl ewood Schools for care and maintenance of a Multiuse Recreational Facility al
Sinclair Middle School. STAFF SOURCE: Jerrell Black, Di'!f.~ ;! ~~ and
Recreation, and Gary Hultberg, Manager of Recreation . V~
iii. Co un cil Bill No. 3 7 -Recommendation from the Safety Services Department to
adop t a b ill for an o rdinance approving a Memorandum of Understanding with the
Please note: If you have a disability and need auxilia ry aid s or services, please notify the City o( Englewood
(303-762-2407) a t leas t 48 hours in adva nce o( w hen servi ces are needed. Thank you.
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Englewood City Council Agenda
August 1, 2005
Page 3
Colorado Bureau of Investigations regarding the Violent Criminal Apprehension
Program . STAFF SOURCE: c .. __.~. ~
b. Approval of Ordinances on Second Reading.
~; Council Bill No. 14, as further amended, approving amendments to Tide 16, Ch~t~ ~ . I
6 of the Englewood Municipal Code pertaining to Fences and Retaining Walls'/lJ~
c. Resolutions and Motions.
i. Recommendation from the Department of Parks and Recreation to approve, by
motion, a contract for professional services for the development of a Parks Master
'Plan . siaff recommends awarding the contract to EDAW, Inc., of Fort Collins.
STAFF SOURCES: Jerrell B',,c:!', !)~r of Pub and Rec:re.ation and Dave Lee,
Manager of Open Space. ~
12 . General Discussion :
a. Mayor's Choice.
b . Council Members' Choice.
n _ ~-Motion authorizing the Englewood City Manager to enter into negotiations w ith
'/· (.,I Miller Weingarten Realty re~rdin~evel~t pr~$111 impacting rti,., _.~ i:~~•·~•, e
Englewood Go~ 'flf"' OF ,f i'~c,JJo.ct) NDll~"';;t/r.
ii . Brian Mueller Golf Tournament Contribution.
13 . City Manager's Rep o rt.
14. City A ttorney's Report.
~ f]-{}a . Water Issue -Joint D efense Agreement -Aurora/Englewood.~
15 . Adjo urnmen t. f; 0 fl;-,--
Please note: If you have a dis.lbilily ilnd need MOCli.y aids o, services, plNse nolify lhe City of Englewood
(3 03-7 62-2407) at q t 48 hours in advance of when sefVicft are needed. Thri
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Englewood City Council Agenda
Augu st 1, 2005
Page 4
1 ne following minutes were transmitted to City Council from July 15 • 28, 2005:
• Cultural Arts Commission meeting of June 1 ;"2005.
• Transportation Advisory Committee meeting of June 9, 2005.
• Code Enforcement Advisory Committee meeting of June 15, 2005 .
...
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Please note : If you have a disability and need auxilwy aids or semces, please notify lhe Oty of Eflllewood
{303-762 -2407) at lea st 48 hours in advance of when lefVices are net!Ued. 1Nnk
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COWRADO
Replar Sealoa
July 18, 200!
I . Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :35 p .m.
2. Invocation
The invocation was given by Council Member Barrentine.
3. Pled,e or Alleglance
The Pledge of Allegiance was led by Mayor Garrett.
4. RoUCall
Present:
Absent:
A quorum was present.
Also present:
Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw,
Wolosyn, Woodward
None
City Manager Sears
City Attorney Brotzman
Assistant City Manager Flaherty
City Clerk Ellis
Deputy City Clerk Bush
Director Olson, Safety Services •
Housing Finance Specialist Grimmett, Community Development
Director Black, Parks and Recreation
Operations Superintendent McCormick, Utilities
Field Services Coordinator Pierce, Utilities
5 . Consideration of Minutes of Previous Session
Sa
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 11, 2005.
Mayor Garren asked if there were any comments or corrections. There were none.
Vote results:
Motion carried .
Ayes :
Nays :
Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn.
Woodward, To111U$O
None
6. Recognition of Scheduled Public Comment
There were no scheduled visi tors .
7. Rtte11nition of Unscheduled Public Co-.t
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Englewood City Council
July 18, 2005
Pagel
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(a) Dane Stephenson, 3 101 South Logan. said I wish to formally bring to your attention, a critical
safety matter involving speeding and blatant inattention to stop signs involving Logan Street. The area I am
speaking of is on Logan Street from Dartmo uth down to Aoyd Avenue. We arc respectfully enlisting your
immediate assistance with this crucial matter and we offer solutions that we, as neighbors, propose thereof, for your
consi deration . The problem that we are having currently is speeding on Logan . While I obviously understand and
accept the fact that Logan is a collector street. .. thi s is why I chose to live hcrc ... and traffic tends to be heavy at
times, however, the posted speed limit is 30. However, with the average quantity of 10,000-11,000 vehicles passing
through daily there is an ever present danger with vehicles speeding, which has already resulted in numerous crashes
involving both individuals and property, many of which have been severe in nature. My own fence bears the reality
of how cars can come dangerously close to houses due to impatience, speed and inattention to the stoplight.
Therefore, many of the neighbors on Logan have proposed four ideas to help curb the speeders, thus making Logan
a safer street for those who reside there , those who attend church services at Englewood Bible Church. and for those
who utilize the street daily for commuting or otherwise. One ... replace the two-way stop sign at Logan and Eastman
with a traffic light that would remain green on Logan until a vehicle became stopped at the intersection at Eastman,
thus changing the Logan light to red; and/or, two ... reduce the speed limit along Logan. from Hampden to Yale
down to 25 ; and/or, three ... install "Fines Doubled for Speeding" signs along the same stretch of Logan Street;
and/or, four ... install digital speed limit signs along the same stretch similar to the ones located at Inca and those at
Danmouth near University . Through two recent meetings with Mr . Ladd Vostry, Englewood Traffic Engineer, wc
requested a traffic speed/vehicle quantity test to be administered on both Logan and Danmouth. The most recent
o ne was completed back in 2000 on Logan alone. This test was implemented last week covering both Logan and
Dartmouth . as requested . However, it was my understanding from Mr . Vostry, that no traffic police officer would
be o ut during the test time monitoring traffi c and unfonunately this was not the case, causing the test to be skewed,
in my opinion. We all arc very aware that if a police officer is monitoring the traffic, the speeds decrease quickly,
even going below the posted speed limit to avoid receiving a ticket. I am very frustrated that this occurred and
respectfully request that another test be administered without the assistance of the Englewood Police Department.
We had been previously told by Commander Jeff Sanchez of the Englewood City Police that his resources were
quite limited in this area , which is unfortunate , but someone obviously found the time to monitor exactly when wc
did not need their services. Any other time. I would be most grateful for their presence . Mr. Vostry, however, has
been very diligent with our requests , aside from the speeding situation. to post ''No Truck" signs, as we hne had
numerous gas tanker trucks and the like , driving up and down Danmouth, Logan and other nearby streets daily and
ha s also ho nored our request to post alley speed limit signs and this traffic study test news comes as both a surpri se
and a di sappointment knowing that we really wanted the facts and it was possibly skewed at this point. It is my
hope thar yo u consider our situation, our proposed solutions and the request to re-adn'1inister the speed/vehicle
quantity te st seriously ; as the maucr of safety involves everyone who lives, drives and wonhips in our
neighborhood. We also wi sh to work with you. the City Council, on a mutually positive and beneficial solution to
thi s dire si tuatio ,,. Thank yo u very much .
Ma yo r Garrett said thank you ve ry much for comin g .
(b) Danielle Gregory. 3182 So uth Logan Street , sai d I am basical ly here to second what Dane
Stephenson just sa,d. The impetus for us coming here today was a recent accident on South Logan Street involving
a motorcycle and SUV . The ge ntleman. basically, neglected the stop sign and hit the motorcyclc ... the kid, a 24 ye.tr
ol d man. I t h,s leg immediately and several of his fingers. as I understand . I am a relatively new ruidenL Tha-c
have been several incide nts at th is intersection ... at your intersections ... people have died . I know of at least one .
So . liasically. we are proposing four different solutions and I will reiterate them . The first one is to replace the 2-
"'ay stop sign o n Eastman where !hi particular accident occurred with a traffic light; second would be to reduce the
speed limit along Logan to 25 MPH ; the third is 10 install "Fines Doubled for Specdina" signs for people who don 't
ab,de by the speed ltm,1 and finally n would be to install digital speed limit signs along the same Sln:teh of Lopn
Street as "'e have funher up between Bates and Cornell Avenue . I will gladly s ubmit my lener and I thank you for
h teni ng.
Mayo r Garrett s:ud thank you ve ry much .
(c) R, h Walsh. 32 10 S uth Logan, SAJd thank you for hearing me tor11Jht . I apee with the PfCVIOUS
two pcakcrs. I'm not going to take a lot or your tune. We wanted to come down u a very small poup and JIIII
peal. to you rcall qu, ld y. We d1dn '1 "'antJUSI one person to come down. because you might think it WUJIIII one
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Englewood City Council
July 18, 2005
Page3
0
crazy ... which I'm sure you have seen a few of those through the years . We did get togcthcT and had a few
neighborhood meetings, so it was a neighborhood consensus and wc felt we didn't need everyone on the street to
come down and tie you up here all night tonight. All three of us have turned in the same list. I have a couple of
comments . I have lived on Logan Street, in this residence, for 11 years and have seen several accidents . Most of
them were no injury . There was a very serious pedestrian injury and she did pass away . And here very recently,
like Danielle spoke of, a young man on a motorcycle was very seriously injured and he has been maimed for life . I
think the residents are concerned about the safety, of not only the Englewood citizens, but everyone traveling Logan.
I think it is safe to say there arc quite a few people, even outside of Englewood, traveling on Logan ... Denver
residents, probably Littleton, some Highlands Ranch and a few other smaller communities like Greenwood Village .
It just seems like the traffic accidents arc increasing and the volume of traffic seems to have increased in the years
that I have lived there . The one thing I would like to talk about here are those digital speed limit signs. We
mentioned that on our list and there is one already in place on Logan. I actually passed another one on my way here,
over by the new apartments , and I would like to say they arc very effective . They catcb your eye ... especially when
you are a little above the speed limit , they flash at you and it seems like it is very effective . When I drive down
Logan I see the drivers ahead of me all hitting their brakes and they get down to that 30 MPH, which is the current
speed limit. Well with that , I will let you get back to your regular business . Again, thank you for hearing me
tonight.
Mayor Garren said thank you very much .
Mayor Ga.'Tett said wc appreciate the three that have come forward .
Council Member Bradshaw said I would like to respond to what might have happened . I think Ray and I both
turned in the request. I received a call from Mrs. Merriman on that street and I think he did too. Council Member
Tomasso said I went over the night of the accident and talked with them . Ms. Bradshaw said okay, but anyway I
think we both turned in a Council Request for police presence and the police showed up at the same time that they
were doing the count. So, I would say that wc might have been at fault for the police prcscncc there . We were
trying to be responsive to the citizens, but I think wc screwed it up .
Council Member Tomasso said it was discussed last week at ET AC . The Transportation Board was anticipating all
of you showing up to hear from you and to discuss your options. It was brought up. but I think it will be brought up
again al ET AC, which will be next month on the second Thursday . A gentleman from the audience asked if it was
the second Thursday of every month and Mr. Tomasso answered yes. He also asked the time of the meeting and Mr .
Tomasso said we moved it to 6:30 p.m. It will be up on the third floor in the Council Conference Room.
Council Member Woodward said could wc ask Ladd to do the study over again. without the police presence?
City Manager Sears sai d I know that Rick is working on that . Ladd is, as I understand it, in Czechoslovakia right
now visiting some of hi s relatives and I don 't know exactly when he gets back. I met Ladd out there and I know he
is doing the analysis, but Ri ck Kahm would respond on that meeting night as to when things will happen and if one
o f tho se alternatives will be proposed in the budget, from a Capital viewpoint. or if there is enough operating money
10 proceed with that ··
Council Member Bradshaw said redo the study .
Ma yor Garrett said yes the study and also look at the accidents for the last five years .
Cou ncil Member Tomasso sai d there were actually two accidents ... the motorcycle one and the death of the 87 year
o ld woman ... she wa s walking across the street and was hit.
Mayor Garren said the time frarnc would be helpful ... number of accidents and those kinds of things would be
( helpful.
Council Member Brad sha w sai d thank you for a very organized. reasonable presentation . We appreciate it.
Mr Stephenson sa id thank you for hearing us . We appreciate it.
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Englewood City Council
July 18, 2005
Page4
8 . Communications, Proclamations and Appolatments
(a) A proclamation declaring August 2, 2005 as National Night Out was considered .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING AUGUST 2, 2005 AS NATIONAL NIGHT OUT.
Motion carried .
Ayes : Council Members Bmentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward, Tomasso
Nays : None
Nancy Peterson and several block captains came forwud to the podium . Mayor Ovrett preacnted the Proclamation
to Officer Nancy Peterson . Ms . Peterson said we thank you very much and look forward to seeing all of you on
Augu st2 ...
Council Member Bradshaw said thank you Nancy .
Mayor Garrett said thank you all for coming and good luck on August 2 ...
Council Member Woodward said Nancy , thank you for the great job you do with all of the wonderful programs that
you put on throughout the year, we all really appreciate them , thanks .
Officer Peterson said thanks .
9 . Consent Aaenda
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 9 (a) (I) and 9 (c) (I).
(a ) Approval of Ordinances on First Reading
(i) COUNCIL BILL NO. 32, INIRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF A HOUSING
REHABILITATION PROPERTY LOCATED AT 3596 SOUTH BANNOCK STREET IN TIIE CITY OF
ENGLEWOOD , COLORADO . '
(b) Appro val of Ordinance s on Second Reading
There were no ite ms subm itted for app rova l on second reading.
(c) Reso lutio ns and Motions
(i) Pu rchase of wa ter meters and yokes from National Meter and Automation. in the amount
of $151.465.00 for th e three year program and awarding the valve work and iaswlation contnct to Naliollal
Me tering Service , in the amount of $35.660.00 for 2005 . Labor for the large meter imtallations will be reaqotialed
yea rl y.
Vote results :
Ayes : Counc il Members Barrentine , Moore. Bndabaw , Garreu. Wololyn.
Wood ward. Tomasso
Nays : None
Moti on carried .
I 0 . Public Hearin& Items
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Englewood City Council
July 18, 2005
Page5
No public hearing was scheduled before Council.
11 . Ordinances, Resolution and Motions
{a) Approval of Ordinances on First Reading
0
(J
There were no additional items submitted for approval on first reading. {See Agenda Item 9 -Consent Agenda.)
{b) Approval of Ordinances on Second Reading
There were no itcms submitted for approval on second reading .
(c) Resolutions and Motions
There were no additional resolutions or motions submitted for approval . (See Agenda Item 9 -Consent Agenda.)
12 . Geaeral Diacualoa
(a) Mayor's Choice
{i) Mayor Garrett said wc hid the question and answer ponion of the Layton Gardens
presentation this evening. Is it Council's desire to talk about it this evening or would you prefer to wait and put it on
the Study Session to diM:uss?
Council Member Bradshaw said I think the peopk have more than met the requirements tbal wc have asked them to
and originally I was opposed to this, but at this point I would requcst that wc have a resolution drafted so lbat -can
send the letter off.
COUNCIL MEMBER BRADSHAW MOVFJ>, AND IT WAS SECONDFJ>, TO SEND Off A LE'JTEJl.
Mayor Garrett asked if there was any discussion.
Council Member Wolosyn said I would like to add some points to the resolution. I mean if wc arc ,oing to have all
those "whereas ... I think that "e need to noce that there will be management, local management ... it will be locally
owned . Because, I did have a problem with this. In a way I think wc arc jllll finishing-·, financing . I ha\'C
been dragging my feet and it 1s not really going to chanae who is lerved and I don't know how it rally helps us to
have more unoc cupied housing . However , how does us recommending this to the COUdy make it beacr and the
thmg 1ha1 have come up ... thc fact that they do a certain level of maintenance and they have on-site manaaement ... l
lhml 1hosc arc my main two. bu1 we might wam to add .. .l hope the Community Celller can become an UICl at least
10 tha1 pomon . A couple of things like that .
Mayor Garrett said so what I am hearing i that in the recommendation letter wc would say that the one reason -
arc upporting 1t 1s that there will be local mana,emcnt. local maintenance. local ownership, a commitment to a
quality environment and those sort of thanp. And. Ms. Wolosyn sud. mention the Community Center.
Co uncil Member Brads ha w said I think that if wc mentlOrl a center on site for the residcnu. i-.d of a Community
Cenicr Because I 1h10k 1f you say Communit y Center that throws a whole different pacepcion. Ms. Wolosyn said
yo u arc nghl Be,. than ~ you .
Cou ncil Member Barrenune said I won't be voo n1 for this. From the bqiM1ftl tbcrt wae a few queatioas that
"ere not answered onsi 1enlly tha1 broupt -conccm to me and so lhcy CC*ribuled to makina additional
appearances. because the d1dn'11lw1y 1ive lhc samc --· They made ii clear dial that-over lhere is
already addre ·mg the lo" income houlan, popilMloll ud they WIii be 111111111lar IBIUIII ol-y. The
difference 1 1ha1 "h1lc the economy may him around. lllld allow thole ocher busmales ID ID ahead ad uppade.
1hcy will amfi ,all), because the arc betns fcdcnll) funded 1111d specifically WIii have ID biml tlmrs to low i~
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Englewood City CouncU
July 18, 2005
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housing. And, I don't think that is something that that area needs. I think it already is addressing that issue in the
community.
Mayor Garrett :isked if there were any other comments.
Council Member Bradshaw said I am going to be voting in favor of this ... when originally I was against it, because
the on-site management is a good tool. Layton Garden Apartments, from the time I warted at Sinclair in the 70's,
was always, always a troublesome property and I think with the on-site management it will be a beaer property.
And when we did the check on the Section 8 Housing, the neighborhood didn't come out to the Public Meeting. We
asked them to talk to the neighborhood and I didn't sec any opposition to that cntcrpriJe going in there. So, because
of those reasons, I will be voting for it
Mayor Garrett asked if there was any other discussion or comment.
Council Member Tomasso said at the Public Hearing I also saw the residents come out and most of their fcan were
answered. Some of the problems they an: having with the people doing drugs in the current location will lOOII be
answered by this on-site management. That would alleviate that problem. And since it is a piece of property that is
up for public sale, we could do worse .
Mayor Garrett asked if there were any other comments.
Council Member Woodward said as I had mentioned in the Study Session and u Ray hu juat mentioned, I believe
that we could do a whole lot worse. I think, hued upon the infornwtioa that hu been submitted and the
recommendation of who these people an: and even recommendations from a member of our Housing Authority, I
am very supportive of what I think is going to happen there, so I will be votina yes.
Mayor Garrett asked if there was any other discussion. There wu none .
Vole remits:
Motion carried.
Ayes:
Nays:
Council Members Moore, Bradshaw, Gamu. Wololyn. Woodward, Tomauo
Council Member Barrentine
(ii) Mayor Garren said the City has also received a propoul from Miller Wcinpnen Really
dealing with the development that has been proposed across the street. They appoacbed us aeveral tlKllllbs a,o and
afier some discussion with them wc now believe wc have a proposal that we would like to take to lbe ClOIIIIJIUllity.
We will outline the details of that proposal on July 27* at 7 o'clock in the Community Room. We will hasve flyers
placed in different facilities around the City. I am hoping the Enslewood Herald will be havi111.-thin, lhia -k
regarding that panicular meeting, so we look forward to havin1 public input Iii we clelcribe wllal the prq,oul will
be. We are in the process o f putting together a fact sheet, which will be the flyer and I would augesl that we have
that by to morrow afternoon. so that document could be placed in our facilities .
(b) Co uncil Members' Choice
(i) Council Member Bradshaw said at Study Session we talked about the raollllion
s upporting Referendum C and Don the November ballOI . This is a resolution supponina the Referenda C and D
to gether known as the Colorado Economic Recovery Plan. This is a tempOnry repeal of IOllle of lhe TABOR
provis io ns . She said is that accurate?
Council Member Wolosyn said ye s it is . It is endorsed by the uovemor . And, Mayor Ganett said. die Democnlic:
ide o f the leadership of the Ho use and the Senate.
T he resolutio n was assigned a number and read by title:
RESOLlITION NO. 72. SERIES OF 2005
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A RESOLlITION SUPPORTING REFERENDA C AND D TOGETHER KNOWN AS TIIE COLORAOO
ECONOMIC RECOVERY PLAN.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION
NO. 72, SERIES OF 2005.
Mayor Garren asked if there was any discussion. There was none.
Vote results:
Motion carried.
Ayes:
Nays:
Council Members Moore, Bradshaw, Garrett. Wolosyn, Woodward, Tomasso
Council Member Barrentine
(ii) Council Member Tomasso said I would like to thank Public Works and Rick Kahm
especially for going above and beyond by looking at our downtown and seeing what needs to be done ... what
sprucing up needs to happen for the car show and jumping on those projects. And thanks to Parks and Recreation
for assisting in removing weeds and trimming up the bushes, so everything will look really nice for when the public
arrives on Saturday. Company is coming ... we've got to look good. I was .tso curious if we could have a very
small presence of maybe Community Development showing what sites are available for business. If that could be a
discussion the City Manager has with Community Development tomorrow. A really low profile presence, but
maybe if they could get a CD, they could give directions to the Web site, maybe we could bring in some new
businesses and make it look like we are receptive ... we are looking for new people. We don't necessarily need large
corporations; we will deal one on one with individual businesses.
City Manager Scars said I will get that to Bob first thing mmorrow morning. I am sure that Darren will be there and
there will be some other people there and they should be able to step right in. Is there anybody in particular that
they should talk to about location to make that happen?
Council Member Tomasso said I think Darren will be there. I think be is going to attend the meeting on Thursday
with the merchants. I am sure that Hawthorn Botanical will let him set up in the shade right behind their place. The
merchants are really happy and are really excited and think the City has been overly supportive.
City Manager Sears said we will pass that on to Jerrctrs crew and Rick 's crew.
(iii) Council Member Woodward said the Sounds of Summer this Thursday night will be
c ountry music , so all country fans have something to look forward to out at the Civic Center at the amphitheater.
(iv) Council Member Wolosyn:
I . She said regarding the item about the house having to ao for redemption that was on the Consent Agenda,
1 · m wond cn ng about the other two houses . Refres h me. have they sold or what is the status on the sue? She said
that could Just be a Council Request, because I would like 10 know . -
'.!. She said could a copy o f the Resolutio n. after the Mayor signs it, be forwarded to DRCOG.
13 City Manager's Report
(a) C ity Manager Scars said just a reminder for Council. next Monday night we arc aoin& to be taking
th e to ur to McLellan Reservoir. I know Stu is coordinating that. We meet at S:30 p .m . at the same place doWllllairs
and wi ll go fro m there . Mr. Sears said Bill is the guy that is going to be settin& this up. We've aoc the van set to So·
M r Mc orm1 I.. said we wo uld like to know if anyone is not going. Council Member Moore said I will have to miss
and Co uncil Member Toma sso said I will not be going . Ml)'or Garren said there will be five Council members
go ing
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July 18, 2005
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(b) City Managt.'1' Sean said August 1• I have kind of a special family event the night before with my
daughter getting married, so I will not be here on August 1 •. Mike will be here.
Council Member Bradshaw said congrallllations.
14 . City Attoniey'1 Report
City Attorney Brotzman did not have any matters to bring before Council .
15 . Acljolu'll-a
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PLEASE PRINT
NAME
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
fllllll IC OOIBIIENT
DATE: August 1, 2005
ADDRESS
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ORDINANCE NO.
SERIES OF 2005
BY AUTHORITY
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COUNCIL BILL NO. 32
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING THE REDEMPTION AND SALE OF A HOUSING
REHABILITATION PROPERTY LOCATED AT 3596 SOUTH BANNOCK STREET
IN THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City Council of the City of Englewood accepted assignment from
the Englewood Housing Authority of all rights, assets and liabilities associated with the
Housing Rehabilitation Loan Program by the passage of Ordinance No. 23, Series 1999;
and
WHEREAS, Englewood City Council authori7.ed amending Title, 4, Chapter 3, with
the addition of a new Section 13 entitled "Housing Rehabilitation Fund" by the passage
of Ordinance No . 26, Series 1999; and
WHEREAS, the Englewood Housing Rehabilitation Program was created in 1976 to
preserve the existing housing stock in Englewood and to address the problems of low-
income families with the financing of major household repairs; and
WHEREAS, the Rehab Program approves home improvement loans that arc secured
by deeds of trust recorded on the property representing generally second or third
mortgages; and
WHEREAS, occasionally homeowners default on their loans and the lien bolder
initiates the foreclosure process by filing the required documents with the Public
Trustee's Office; and
WHEREAS, the property located at 3596 South Bannock bas a Rehabilitation Loan
with the City holding a second mortgage; and
WHEREAS, this property went to public sale on March 16, 2005, and the property
was sold back to the first mortgagee who initiated the foreclosure; and
WHEREAS , the Englewood Rehab Loan Committee was consulted at their March,
2005 meeting and they recommended filing the Intent to Redeem Notice with the
public Trustee's Office; and
WHEREAS, the homeowner failed to redeem the property, within their 75-day
redemption period; and
WHEREAS, the City (the second mortgagee) was notified late on June 1, 2005 of
the amount needed to re<leem the property no later than June 10, 2005; and
WHEREAS, the City redeemed the property on June 3, 2005 and on June 16, 2005
reque ted that the deed be issued to the City of Englewood Housin& Rehabilitation Fund;
and
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WHEREAS, the redeemed property located at 3596 South Bannock Street will be
sold to a private owner-occupied party who bas secured bis own financing and the City
funds used to purchase the property will be returned to the Housing Rehabilitation Fund
when this property is sold and the new ownen loan is closed; and
WHEREAS, if an offer to purchase is received from any City employee, their
family memben, or any business in which a City employee bas a financial interest, the
offer will be submitted to the Englewood City Council for approval;
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 hereby authorizes the
redemption and subsequent sale of a Housing Rehabilitation Property acquired through
the foreclosure process located at 3596 South Bannock Street
Section 2. The Mayor and the City Cleric are authorized to execute the proper form
of deed for the conveyance of the property located at 3596 South Bannock Street,
Englewood, Colorado punuant to Section 71 of the Englewood City Charter.
Introduced, read in full, and passed on first reading on the I81• day of July, 2005.
Published as a Bill for an Ordinance on the 22"4 day of July, 2005.
Read by title and passed on final reading on the 1st day of August, 2005.
Published by title as Ordinance No. __, Series of 2005, on the 5th day of August,
2005.
Douglu Gam:tt, Mayor
ATTEST :
Loucrisbia A. Ellis, City Clerk
I, Loucrishia A . Ellis, City Clerk of the City of EnaJewood, 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 2005 .
Loucrilhia A. E1lia
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ORDINANCE NO.
SERIES OF 2005
BY AUTHORITY
COUNCIL BILL NO. 33
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING TIIE ACCEPTANCE OF AN
INTERGOVERNMENTAL GRANT "THE JUSTICE ASSISTANCE GRANT'
BETWEEN THE CITY OF ENGLEWOOD, AND TIIE BOWARD BYRNE JUSTICE
ASSISTANCE PR.OGRAM WHICH IS FUNDING FOR. A NEW MOBILE DATA
TERMINAL SER.VER. TO RUN NCIC/CCJC CLEAR.AN~.
WHEREAS, the Englewood Department of Saicty Servicca, requeatod ftmdina for a
new Mobile Data Terminal Server to nm NCJC/CCJC clcanncea which will provide
stabilization to the Mobile Data System; and
WHEREAS, the Justice Assistance Grant ii a non-matd!ina pant; ancl
WHEREAS, the City of Englewood submitted an applic:alion ancl bu been awarded a
S26.S62 arant;
NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF TIIE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
&,gjgp J. Tbc City CoUDCil of the City of F.qlcwood, Colondo blnby audaim
the acccpcancc of the Justice Assistance Graat 6om Edward Bync Jumce AllilCaace
Grant Propam to the City of Englewood, altlcbed bento a Exlu'lm A.
Scctiog 2. Tbc Mayor and City Clerk arc audiorizllld to cuc:uee aid 1111e1t aid
Intcrgovcmmcntal Aarecmcnt for and on bcbalf of the City of l!qlcwood.
Introduced, read in full, and passed OD first radiJla OIi the 11" day Of July, 2005.
Published u a Bill for an Ordinance OD the 15111 day or July, 2005.
Read by title and passed OD final rcadina OD the lit day of Avplt, 2005.
Published by title u Ordinance No. _, Series or 2005, on the Sib day or Aupll.
2005.
ATTEST :
Loucrishia A. Ellis, City Ciak
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I, Loucrishia A . Ellis, City Clerk of the City of F.qlewood, Colorado, hereby
certify that the above and foregoing is a true copy of the Ordinance puscd on final
reading and published by title as Ordinance No. __, Series of 2005.
Loucriabia A. Ellis
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. Edward Byrne Justice Assistance Grant Program Page 1 of2
e Edward Byrne Justice:=.=..::•• Grant Program .,.._ e
Application
Appllcatlon Handbook
Overview
AppHcant
Infonnatlon
Protect Informatton
Budget and
Program
Attachments
Assurances and
Certifications
Revtew SF 424
Submit AQ0Hc1t1on
Help/Fr:egueot;ly
Asked Quf!Stlons
GMS Home
Correspondence [~~-------3
Applicant Information
Verify that the following Information filled Is correct and fill out any missing
Information. To save changes, click on the "Save and Continue" button.
*Is the applkarlt ........_. an any (" Yes •· No faderaldellt
*E!m!lkl¥w ldeiltlfk:allu,, Number ~-~ (EIN)
*"J\tpe al Appllcant IMlncipal __________________ :ii
"J\tpe al Appllcant (OIMr): L ----·-------·----
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*IAgal --(LApl Jurtsdlcllan pty_~~~-Name)
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-contact Lat--= IWldlS
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Contact Sufflir (CIiis) : I
•Contact Tltlll :
•eontact Add,-UM l : i:,a 15 SoUltl EIIIII
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Edward Byrne Justice Assistance Grant Program Page 2 of2
Contact Md-Line 2:
*Contact City
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https ://grams.ojp. usdoj . gov/gmsexternal/applicamlnformatioa.do
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. Edward Byrne Justice Assistance Grant Program Page 1 of 1
Edward Byrne Justice Assistance Grant Program 2005-~
F41NJS-CO-OJ ..
Apo11cat1on
Overview
AopHcant
Information
Protect Information
Budget and
program
Attad)ments
Assurances and
Cc,1fflcatlons
Revlffl SF 124
Submit Apgllcatlon
GMS Home
CoO]!SQOndence ,~ ID_=-._ _______ 3
Project Information
HE MOBILE DATA TERMINAL AND Cafi>UTER AIDED DISPATCH
YSTEK UPGRADE. I
·-··-. --.. --·-. -····-----------·.3
he Englewood Department ot Safety Services, Police
ivision, requests funding tor a new Mobile Data Terminal
erver to run NCIC/CCIC clearances. This purchase will
*l!nd Dalla
$~ __ .00
$LO __ . ___ .oo
$lo . .00
$lo . .00
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Edward Byrne Justice Assistance Grant Program Page 1 of 1
AopHcatton
Appllcallon Handbook
AppHcant
Information
Project Information
Budqctand
Program
NDKtme,ds
Assurances anc1
Co[[J!SQOndl!f)CI!!
Buclgat and Program Attachmenta
This form allows you to upload the Budget Detall Wortcsheet, Program
Narrative and other Program attachments. CIiek the Attach button to
continue. ~---.. -=--.. --... w• -CertfflcaUoos Your flies have been successtully attached, but the application has not been
submitted to OJP. Please continue wth your application.
Review SF 424
SubmitAp .......
J1ps (pr •KTffl!yl
ualHd
GMS Home
https ;//grants.OJp.usdoj .p /~do
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. Edward Byrne Justice Assistance Grant Program Page 1 of2
• Edward Byrne Justice Assistance Grant Program zoos. ~ 9 F4005-CO.OJ 11V
Application correspondence
Application Handbook Assurances and Certifications
Overview To the best of my knowledge and belief, all data In this
appllcatlon/preappllcatlon Is true and correct, the document has been duly
AppUcant authorized by the governing body of the appllcant and the applicant will
Infonnatlon comply with the attached assurances If the assistance Is awarded.
project Information
Budaet and Program
Attachments
Assurances and
Cert:tflcatlons
Review SF 424
Submit AppHcatlon
GMS Home
Your typed name, In Heu of your signature represents your legal binding
acceptance of the terms of this application and your statement of the
veracity of the representations made In this appllcatlon. The document has
been duly authorized by the governing body of the applicant and the
applicant will comply with the following:
If you are an applicant for any Violence Against Women grants, this
lndudes the Certification of Compliance with the Statutory Blglblllty
Requirements of the Violence Against Women Act.
*Pnftx: [Mr. 3
Pnftx (Other): I --
*FlntName: fiB'Y ---·-·---··
Mlddla lnllal: r:
*LaltName: lse-s-·-------··
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*City: lENGLEWOOO .
County:
*Staea: ,Colorado _ 3
*ZIii Code:
https://grants. ojp. usdoj .gov/gmse:<temal/applicationAssunnce.do 6122/2005
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Edward Byrne Justice Assistance Grant Program Pagc2 of2
~110 _: {ii!19 _
*Phone: ~ -@_, -4;i11 I Ext: c: ___ ~
Pa: l@3 ~~
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E": I have examined the Information provided here regarding the t
signing authority and c:ertlfV It Is aca,rate. I am the sl9nlng authority,
or have been delegated or designated formally as the signing authority
by the appropriate authority of offlclal, to provide the Information
requested throughout this application system on behalf of this
1urlsdk:tlon. Information reoardlng the s19n1ng authortty, or the
delegation of such authority, has been placed In a tile and Is available
on-site for Immediate review.
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Assurc1I1ces Page 1 of 1
NOTE; You must cllck on the "Accept" button at tb• bottom otttt• paa, btfort clotlna tbl• window
STANDARD ASSURANCES
The Applicant hereby assures and certifies compliance with aU applicable Federal stalutes, regulations, policiaa,
guidelines, and requirements, including 0MB Circulars A-21, A~7. A-102, A-110, A-122, A-133; Ex. Order 12372
(intergovernmental review of federal proipms); and 28 C .F.R. pta. 86 rx 70 (administrative requirements for
grants and cooperative agreements). The applicant also specfflcally alSUl'IIS and cer11ffes that
1. It has the legal authocity to apply for federal usistance anS the inltitulianal, managerial, and
financial capability (including funda sufficient to pay any required naH9deral .,,... of project c:oat)
to ensure proper planning, management, and completion of the projed delatbed In this application.
2. It will establish safegua"da to prohibit employees from using their positions for a pupose that
ccnstilutes or presents the appara IC9 of personal or organizatlcnal ccnflict of interest, or personal
gain.
3. It win give the awading agency or the Gerwal Accounting Office, 1hnxql any authorized
representative, access to and the right to axanine al paper or eleclronic records related to the
financial Ullstance.
-4. It wiU comply with all lawful raquirwnents inpoMd by the awarding agency, ~ including
any applicable regulations, such aa 28 C.F.R . pta. 18, 22, 23, 30, 35, 38, 42, 81, and 83.
5. It wiA assist the 8Wll'ding agency (if necesaary) in aauing c:omplislce wi1tt Ndlcn 108 of the
National Historic Praservatian Ad of 1986 (18 U.S .C . § -470), Ex. Order 11593 (idantlficatiou and
protadion of historic properties), the Arc:heological and Hiltarical p~ Ad of 197-4 (16
U .S.C . § 489 a-1 et seq.), and the National Envlranmental Polley Ad of 1989 (42 U.S.C. §-4321).
6. It will comply (and will requn any 11.tlgi • •tw rx ca illRCb'9 to comply) wiltt any applicable
statutorily-imposed nondilaiminllllon raqu1rwn-. which may include the Ornnibua Crime Con1ro1
and Safe Streets Ad. of 1968 (42 U.S.C. § 3789d); the Vlctlma of Crime Ad (42 U .S.C. I 10804(•));
The Juvenile Justice and Oelinql.ncy Prw.ellliol, Ad of 2002 (42 U .S.C. f 5S72(b)); the Civil Ri1tD
Ad of 1964 (-42 U.S.C. § 2000d); the Rehlbilltatiol, Ad cl 1973 (29 U.S.C. f 7 94); the America•
with Disabilities Ad of 1990 (42 U .S.C. § 12131-34); 1t18 ECM:lllion Ame11drneia of 1972 (20 U.S.C.
§§1681, 1683, 1685-88); am the Aqe Diacnninllllon Ad of 1975 (42 U.S.C. §f 8101-07); IN Ex.
Order 13279 (equal protedion of the laws forfaith-baed and community oiga111za1011a).
7. If a governmental entity:
a. it will comply with the requirements of the Unifann Reloc:ation Auiatance and RMI Property
Acqui11itions Ad of 1970 (42 u.s.c. § "601 • Nq.), which govern the trN1rMnt of pel"IOnl
displaced as a result at f9da(al and f9darally......S programs; and
b . it wiU comply with requirwnents cl 5 U.S.C. §§ 1S0141 and 5f 732-4-28, which linit certain
political activities cl Stam rx local gDll9'ffllent employNa wtloN principal employmn ia in
connection with an adiYity flnanc:ecl in whole or In part by fllderal •llatanc:e.
https ://grants.ojp. usdoj .gov lgmscxtemal/GenAssurances.jsp?USURd-Y cbssureJD-1321
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Certifications Page 1 of3
NOTE: You must click on th• "Accept" button at th• bottom of the page before closing this window
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the cer1ificatlon to which they are required to
attest Applicants should also review the instructions for certification included in the regulations before completing
this fonn. s~ of this fonn provides for compliance with certification requirements under 28 CFR Part 89,
"New Restrictions on Lobbying" and 28 CFR Part 67, "Gowmment-wide Debament and Suspension (Nonpro-
anment) am Government-wide Requirements for Drug-Free 'Mlrtcplac:e (Gra11s)." The c:ertificalicna shaft be
treated as a material representation of fact upon which reliance will be placed when the Department af Justice
detennines to award the covered transaction, grant, or cooperative agreement.
1 . LOBBYING As ~ired by Section 1352, Title 31 c:A the U.S . Code, and implemented at 28 CFR Part 69, for
persons entering into a gnwrt or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the
applicant certifies thal:
(a) No Federal appropriated funds have been paid or will be paid, by or on behaf of the undersigned, to any
person for in-lluencing or attempting to influence an officer or employee of any agency, a Member c:A Corv"ess,
an officer or employee of Congress, or an employee c:A a Member c:A Congreu in CDHWCtion with the miking of
any Federal grant. the entering into of any cooperative agreement, and the extensiat, ccntiBJation, IWl8WIIII,
amendment, or modification of any Federal grant or cooperative agreement;
(b) If any finis other than Federal appropriated funds have been paid or wiU be paid torr, person for int\lencing
or attempting to influence an officer or employee c:A rr, agency, a Member of Ccngreu, an offlcs or employee of
Congress, or an employee of a Member of Congress in coiuiection wilh lhis Fedlrlll grant or coopa'lltMt
agreement, the l6ldersigned shall complete and submit St.ldard Fonn -UL, "Di8clolue of Lobbying Activities,"
in accordance with itl inatructlons;
(C) The undersigned shall require that the language of this cer-tiflcalion be included in the award doaments far al
Sli:>awardl at au tiers (including sublJants, contracts IM'lder arW11s and coopen111ve ac,eementa, and
subcontracts) and that all sub-recipients stiau certify and dildo• aa:ordlngly.
2 . DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Pat 67, far
prospective participants in primary covered transactions, as defined at 28 CFR Part 67 , Section 67 .510
A. The applicant certifies that it and its principals:
(a) Are not presently debarred. suspended, proposed for dlbament, declar9d ineligible, W'll9nced to a dlnial cl
Federal benefits by a State or Federal court , or voluntarily excluded from covered b•ll&'tiolia by any Federal
department or agency ; '
(bl Have not within a three-year period preceding this application been convidad of or had• civil judgment
rendered against them for oommislion of fraud or a criminal oll'enN in coi I iec:tiol, with obtaining, llllmpting to
obtain . or pertorming a public (Feoeral. State~ or local) nnw:tian or c:onnct under a public trww::tian; lliolllliar\
a Federal or State antitruat statut• or commisaion cl embazzllmenl theft. forgery, bnbery, fallillcllion or
destrudlon of records, making false statamenta, or 1'9Ceiving IIIOlen property ;
(c) Are not present ly indicted far or otherwise criminally or civ*/ ctwged by I govemme11tal er1lity (Fedlrlll,
or loca ) with com mission of any of the offenMs enumerated in ~ (1 )(b) of this c:er1illcalion , aid (d) Have
not w1thll'l a three-year penod prec:ecing tt'us lll)plicabon had one or more public nnlldlanS (Fedlral, Stae. or
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Certifications
local) terminated for cause or default; and
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B. W1ere the applicant is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this application.
3 . DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for
grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620
A . The applicant certifies that it will or wiff continue to provide a drug-free wotkplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distr'il>mJn, dispenu'lg,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions
that will be taken against employees for vtolatlon of such prohibition;
(b) Establishing an on-going drug.free awareness program to infonn employees about
(1) The dangers of dr,_,g abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free wonq,&ace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occuntng In the workplace ;
(c) Making it a requirement that each employee to be engaged in the pe,famance of the grant be given a copy of
the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paagraph (a) that, as a condition of employment under
Iha grant, the employee wiff
( 1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her com,idion far a violation of a aiminal drug stalul9 occurring in the
wor11place no later than live calendar days after JJUCh conviction;
(e) Noti' •inq the agency, in writing, within 10 calendar days after receiving notice under subpanlgaph (d)(2) from
an emi: • or otherwise receiving actual notice of such convic-tlon . Employers of convicted employNs must
provide , e, including position title, to: Depa,1ment r:I justice, Olllce of Juaice Progrwns. ATTN: Control Desk,
633 Indiana Avenue, N. W., 'Nashington , D. C. 20531 . Notice shall include the identiflc:ation number(s) of each
affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted
( 1) Taking appropriate personnel action against such an employee. up to and including termination, c:onsilterc
w,th the requirements of the Rehabilitation Ad al 1973, as amenclecl; or
(2) Requiring such employee to participate satilfadarily in a ctug abuse allista'1ce or l'9habilltalion progrn
approved for such purposes by a Federal, State , or local health, law enfarCIIMnt, or olher' appropnata agency ;
... (g) Making a good faith effort to continue to maintain a drug-free workplace ttwuq, impleme11talio11 of ~
(a), (b), (c), (d), (a), and (f).
https:1 /grants . oj p . usdoj . gov /gmscxtcmaVGenC.:rtificarions.jsp?certified-Y cl.certifyID-1320 6122/2005
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Edward Byrne Justice Assistance Grant Program Page 1 of2
Edward Byrne Justice Assistance Grant Program 2005-~
F400~0-0J ..
Aop11cat1on Correspondence ~-~-··· ______ .:)
Review SF-424 Print a Coov
Appllcatlon Handbook
Overview
Applicant
Infonnatlon
f.roJect Infonnatio
Budget and
Program
Attachments
d Assurances an
Certifications
n
4 Review SF42
Submit Application
Help/Frmuentt,
Asked auesaoos
GMS Home
APPUCATXON FOR :Z. DAff SU8NITTB> --~
RDl!RAL ASSISTANCE
Mllrch 28, 2005
1. TYPI! OP .. 8NUSION S. DATI! lll!CDVm IIY .............. ~
ffATI!
Appllcatlon Construction
4. DATI uc:uveD IIY ........ ~
NDDAI.MaNCY
S..APPUCANT DIPOIUIATION
IAplN-. °'9alllzall1 , .. Unit
City of Englewood Department of Slllwty
Servtca, Police Olvlllon
Addr.-.......... .,._ -NI',,, .. ,,._ ..
3615 South Elatl --•111••-.....
Englewood, Colorado .................. llen
80110-3519
Wleb, ernan
(303) 713-61133
L INPI.OYU IDaT1PICATION ....... (DII) 7. ffPII OP ...ucAIIT
84-6000583 Mu-..i
a. TYPI! OP APPUCAnott ._ ...... OPNDRAL
Continuation
·-of )Uldcl ··--10. CATALOCI OP NODAL DONUTX AalSl"AIIQ 11. DWIUrilW TnU
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NUMBER : 16.738
THE '40811..E DATA
CFOA EDWARD BYRNl!,Ml!MOIUAL JUSTlCI! TERMINAL ANO COMPUTl!ll
TlTI.E : ASSlSTANCI! GRANT PROGRAM AIDED DISPATCH SYST!M
UPGRADE.
12. AlleAS Al'RCTU> ft' PIIOJaCT
The Englewood o.p.nment of Sllfwty S.Vleel, Pallal DIVtllon, raqu..U funding l'1lr a ,_
Mobil• Dall Tlffllinll Slrwr ID Nn NCIC/CClC dlll9nca. TIIII pu~ wll proVilll
srabil1Z1r1em to lhl Moblll Dllll Systam, • 1111 a.iff911t c:ampu111r -not dllillllld rvr thla
purpose and IS pl'Obllmltlc 1ft Ila function. TIIII __. II I Yitai part of thl MCIOIII DIii
Systam. A HIWlltt PKlanl rid( ,-, wtl COit $3,263. We -....-mg $23,299 ID help
olfset thl cost of I computw aided d!lplldl ~ upgrede. TIie total Cllllt of thl s.,-
I& $51 ,738. The a.irrent equipmlnl II OUIIIMlld. ll-.t P"*llffll wlttl lhl ~ equlpmant
hlva dlcUted lhl need for lhl ~ of rww ......... ID Ulllrede ID I winllowl
platform. TIIII win p,ovidl an llllldlnl lyslMI and lnaWIII afflcll' safety. TIii Deel•-•
of Safety S.rvices wil fund the ,wnatnlng $21,439. Our lysllffl wtl rwnaln Collwaclo Justice
Infunmlllon System Slla.irity (CJlSS) COffllllllnt.
I
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13. PllOPOlleD PllOJKT 14.. CONCIUSSIONAL
Stllrt Date: OctDber 01, 2004 DDTIUCTSOP
End Date : September 30, 2008
•• Apptlcant
b. Protect C001
UI. DnMATm l'UNDING 1.a. 19 AIIPUCATION
federal $28,562 ...a'TO UVDW aY
~ 8TAff IDCIICU1'lVa OllDa
Appllcllnt $0 1.2172 PIIOCISSJ
State $0 "°lrwrl .. nat c::overed by
Local $0
!.O. l23n 1,
Other -$0
PragrwnI.-ne $0 1.7, 19 TNII N'l'I !CANT
NLIIIQllaNT ON Alff
l'IIDIIIAL Dan
TOTAL $28,562
•
I.&. TO THI IIBI' OP NY ICIIOWUDel AND alUIP, AU. DATA Ill TNl8 """-ICATION
PIIIIAPft.JCATION AM 'nUI AND coaaacT, TNI DOCUNINT NAa -DULY
AUTN4MI Zlh IIY 80VmUIIIIII aoDY OI' THI~ AIID TM AllftXAIIT WILL
CONPLY WITH THI ATIACMD AallllHICa IP THI _,.ANCI 19 IIIQUIIIID
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bttps://a,mts.ojp. usdoj .aov/tpllSCXU!:1lal/applicationRcview.do
Pagel ofl
~ Edward Byrne Justice Asalstance Grant Program 2110S-~
.. F~~ ..
AopUcatlon
Appllcatlon Handbook Submit Appllc:atlon
AppHcant
Information
Protect Information
Budget and
prqqram
Attzert,,rnents
8eYlew SF 424
Submit AQplcatlon
GMS Home
Colllplala Applicant Information
CGR1pllll1
Complllil
Project Information
Certified to the Assurances and
Certfflcatlons Regarding Lobbying,
COIRplata Debarment, Suspension and Other
Responslblllty Matters; and Drug-Free
a--~~~~~Workplace
IIIICDll!tpla1a
hni,s · /a,ants.ojp.usdoj .p/pm,a. Iii oaUsubmit.Applicalim.do
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OllDINANCB 'NO.
SERIES OF 200S
BY AUTHORITY
COUNCIL BILL NO. 34
INTRODUCED BY COUNCIL
MF.MBER BRADSHAW
AN ORDINANCE AUTIIORIZING AN INTERGOVERNMENTAL AGREEMENT
FOR FYOS MISCELLANEOUS EQUIPMENT PURCHASES PROGRAM FOR
TRAFFIC EQUIPMENT BETWEEN nm DENVER REGIONAL COUNCIL OF
GOVERNMENTS (DRCOO) AND THE CITY OF ENGLEWOOD COLORADO.
WHEREAS, each year governments can submit applicationa to DRCOO, who ii
respons1l>le for monitoring and administering thia propam, to compete for available
federal fimding for miscellaneous traffic aipal equipment; and
WHEREAS, the En&lewood Traffic Engineering Diviaioo of Public Worb IUbmiUccl
an application to DRCOG for miscellaneous equipment purchuea tbroup the FYOS
Equipment Purchue program; and
WHEREAS, Englewood waa awarded $30,000 towardl the pun:bue of miacellaneoua
traffic signal equipment along the Broadway and Belleview conidon. wbicb includes a
traffic signal cabinet, system detection equipment and aigaal networb/communication
with the City forces completing the equipment inatallation; IDd
WHEREAS, thia will allow the City to control both corriclon mare efficiently,
selecting proper coordination patterns using actual traffic demand • a guideline wben
appropriate;
NOW, THEREFORE, BE IT ORDAINED BY nm CITY COUNCIL OF nm CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The lnteraovemmental Aan,ement "Contract By And Between The
Denver Regional Council Of Governments and City of Enpewoocl " -Project Number
S4300S, Contract Number EXOS041, attached hereto aa Exlul>it I, is hereby accepted
and approved by the Englewood City Council .
~ 2 . The Mayor and City Clerk are authorized to execute and attest said
Agreement for and on behalf of the City of Englewood.
Introduced, read in full , and passed on first reading on the 11 111 day of July, 200S .
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Published II a Bill for an Ordinance on the lSCh day of July, 2005.
Read by title and passed OD final reading OD Che lit day of August. 2005.
Published by title as Ordinance No. _, Series of 2005, OD Che 5Ch day of Auaust, 2005.
ATTEST:
Louaisbia A. Ellit, City Clerk
I, Loucriahia A Ellia, City Clerk of Che City of~ Colorado, hereby
certify Chat Che above and foregoing ia a true copy of the On:linancc paued oa final J'Cldina and publiabcd by title u Ordinance No. _, Scrica of 2005.
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CONTRACT BY AND BETWEEN THE
DENVER REGIONAL COUNC1L OF GOVERNMENTS
("DRCOG,
4500 Cherry Creek Drive South, Suite 800
Denver, Colorado 80248
and
CITY OF ENGLEWOOD
("CONTRACTOR,
1000 Englewood Pamvay
Englewood, CO 80110
Project Number 543005 Contract Number EXOSCM1
RECITALS:
A. ORCOG has received U.S. Department of Transportation Congestion
Mitigation/Air Quality (CM/AQ) funds through the Colorado Department of Transportation
(Coon. to calT}' out traffic signal system improvements and purchases in the Denver
metropolitan region in fiscal year 2005.
B. Authority exists in the law and funds have bun budgeted, appropriated, and
otherwise made available and a sufficient unencumbered balance thereof remains
available for payment,
C. ORCOG desires to engage the Contractor for the purchase of miscellaneous
traffic signal equipment consistent with the Traffic Signal System Improvement Program
adopted July 2003 and further described in this con1rad and Exhibit A.
O. The Con~ctor agrees to comply with all relevant provisions of the contract
between DRCOG and COOT, incorporated herein by reference and made a part of this
contract , as if fully set forth, in the monitoring and administration of this contract.
NOW , THEREFORE , it is hereby agreed that
1. PURCHASE OF THE EQUIPMENT
a.
b.
General Reauirements . The Contrador shal administer and purchu.:,
the equipment as depicted in attached Exhibit A. which is made a part of
this contract, in accordance with TIiie 49, Parts 18 and 19, as appropriate,
of the Code of Federal Regulations regarding uniform administrative
requ irements for state and local goyemmenta and other non-p,oftt ,
organizations .
Submissjons of Ptpceeglnqf, Coolract, IQd OltJlc Dgagnta. The
Contractor shal submit to ORCOG II data, '9p0rtl, recorda, contradl,
and other documents collected and dft91oped by the ConlradDr relallng
to the project aa.DRCOG may requn. The ContradDr lhal ,...., inlllct,
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for three years following project closeout, al contract documents,
financial records, and suppor1lng documents.
Award of Contract. This cantract Is IWm'ded to the Contractcr based
upon the Contractor's project appllcatlon, which provides that the
Contractor be responsible for au expenses associatad with acquiring,
lnstalllng, and operating the equipment, excluding the adual purchase
cost of the equipment. Contractor agrees that Contractor staff and
subcontractors engaged in such wiU not be reimbursable as part of this
agreement
No QRCOG Obligations to Third Partip. DRCOG shall not be subject to
any obligations or liabintles to any perscn not a party to this contract in
connection with the performance of this project pursuant to the provisions
of this contract without Its specific writlan consent Neither the
concurrence in, or approval of, the award of any contract or subcontract
or the sollcitatlon thereof nor any other act performed by DRCOG under
this contrad constitutes such consent
2. ACCOUNTING RECORDS
a.
b.
c.
1-.....
Accounts. The Contractor shaU es1abllsh and maintain as a separate set
of accounts, or as an integral part of Its current accounting scheme,
accounts for the equipment purchases to assure that funds are expended
and accounted for In a manner consilltent with ihls contract's agreements
and objectives.
Funds Recelyed or Masi• AYfi!fbfl. The Contractor shal appropriately
record in the account au relmbunsernent payments received by It from
DRCOG pursuant to this contract.
Allowable Costs. Expenditures made by the Contrac:IDr shaU be
reimbursable as allowable costs to the exblnt they meet aU of the
requirements set forth below. Such expendlbns must
1) Be made in conformance with the description, budget. and an
other provisions of this contract.
2) Be adual net costs to the Contnldor.
3) Be incurred for equipment purchased only as described in Exhibit
A. after the date of this contract.
4) Be treated uniformly and conalstently Wldel' gennly accepted
accouotlng principles.
5) Be in conformance with the standlrdl for allowabilty d cam set
forth In Office d Mlnagemlnt and Budget Clrmlrl No. A-122 or
A-87, as appropriala, regarding COit princlplN for IIOIIIJloflt
organizallonl and .... and local gcMn'IIMf1III.
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e.
f.
Documentation of Costs. Invoices, contracts, and/or vouchers detaiHng
the natun, of the charges shall support aH equipment purchase costs
charged to this contract.
Checks, Orders, and Vouchers. Any check or order drawn up by the
Contractor with rasped to any item which is or wffl be chargeable against
this contract will be drawn only in accordance with a propef1y signed
voucher then on file in the office of the Contractor, which wiR detail the
purpose for which said check or order Is drawn. All checks, payrolls,
invoices, contracts, vouchers, orders, or other accounting documents
pertaining in whole or in part to the project shall be clearly identified,
readily accessible, and, to the extent feasible, kept separate, and apart
from all other such documents.
Aydjta and Inspections. At any time during normal business hours and as
often as DRCOG. COOT and U.S. Department of Transportation
(hereinafter, "USDOr), and/or the Comptroller General of the United
States may deem necessary, there shaU be made available to DRCOG,
COOT, USDOT and/or representatives of the Comptroller General for
examination, au records with respect to all matters covered by this
contract and the Contractor will permit DRCOG, COOT, USDOT, and/or
representatives of the Comptroller General to audit, examine, and make
excerpts or transcripts from such records, and to make audits of all
contracts, invoices, materials, payrolls, records of personnel, conditions
of employment and other data relating to au matters covered by this
contract.
3. TIME OF PERFORMANCE
This contract shall commence upon execution and shall expire 9 months from
the date of execution .
4. COST OF EQUIPMENT PURCHASES
The cost for equipment purchases in which federal funds are participating shaU
not exceed $30,000.00 (Thirty Thousand Dollars).
The Contractor agrees to provide all installation and operation of the purchased
equipment at its expense .
5. REQUEST FOR PAYMENT BY THE CONTRACTOR
a. ~-DRCOG shall reimburse the Contractor up to $30,000.00 (Thirty
Thousand Dollars) for the purchase of traffic signal equipment as
described in the attached Scope of Services.
b . payment. Payment shaU be made on the following bula: Mer receipt of
the equipment. the Contractor shall submit the invoice to the DRCOG
Accounting Department for reimbursement DRCOG will incorporate the
invoice into its next bill to COOT. Upon receipt of payment from COOT by
DRCOG and ~ veriflcatlon by ORCOG that the Contractor ha
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installed the equipment and that the equipment is operating as intended,
ORCOG will reimburse the Contractor for the amount of the Contraclor's
invoice. It is the Contractar's sole respo11sibity to Install the equipment
and contact ORCOG for field verification prior to receiving
reimbursement
I. MANAGEMENT
a.
b.
DRCOG Representative .. DRCOG has designated Jerry J. Luor as its
representative who will coordinate reviews, approvals, and authorizations.
Contracto(s Representative. The Contractor has designated
Ladd Voatry as its representative for this contract who shaU be
responsible for coordination and liaison with ORCOG on the equipment
purchases associated with this contract. If at any time a contractor
representative is not assigned for this contract. the Contractor shall
immediately notify DRCOG and wort< shaU be suspended until a
representative has been assigned who is acceptable to ORCOG.
c. By signing this agreement. the Contractor also represents that its
organization and its principals are not suspended or debarred per Federal
requirements.
7. PERSONNEL
The Contractor represents it win provide and secure the personnel required in
installing, maintaining and operating the equipment lilted in Exhibit A. All of the
setVices required hereunder win be performed by the Contractor or under its
supervision, and all personnel engaged in the wort< shall be fuly quaUfted and
shaU be authorized under Slate and local law to perform such services. Such
personnel shall not be employees of or have any contradual relationship with
ORCOG. Any subcontracts entered into by the Contractor aaaociated with this
Contract shall include a statement that the parties ID the subcontnlCt understand
that DRCOG is not obligated or liable in any manner to the subcontractor or for
the performance by the Contractor of i1s obligations under the subcontract.
I. TERMINATION
a. Funds not Available . In the event that CMIAQ funds are not made available
to DRCOG per Recital A, this Agreement shal tenninate immediately. ·
b. Termination for Mutual Convenience. The parties may, with the concurrenc:e
of COOT, terminate this agreement if both parties agree lhat the equipment
purchases specified in Exhibit A would not produce bel .ndal results .
c. Term ination of Contract for Cause. If through ,ny cause. ucludlng force
majere, the Contractor shal fail to fulllll in timely and proper manner ifs
obligations under !hill contract. or if the Conlradol stwl violatl any d the
covenants , agreements, or stipulations d this conncl. DRCOG shall
thereupon have the right to tarmina this cornc1 t,r giving wrilt8n notice ID
the Contractor of such termination which ltllll be~ upon 1'9C8 ,ot d the
written notice . In that 9'Jef1t. ORCOG ltllll not be reqund ID reirnburM the
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Contractor for any equipment purchases not yet billed to COOT.
Notwithstanding the above, the Contractor shall not be relieved of liability to •
DRCOG for any damages sustained by DRCOG by virtue of any breach of
the contrad by the Contrador.
d. Tenninatlon for the Convenience of ORCOG. DRCOG may terminate this
contrad at any time by giving written notice to the Contractor of such
termination, which shall be effective upon receipt of the written notice. If the
contrad is terminated by DRCOG as provided herein, the Contractor shall be
entitled to receive compensation for any equipment purchases made prior to
the effective date of such termination, subject to field verifications being
completed to the satisfaction of DRCOG.
9. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Contractor agrees to comply with all
federal and state laws, rule, regulations, and orders regarding equal employment
opportunity. In the event of the Contractor's non-compliance with the non-
discrimination clauses of this contrad or with any of such rules, regulations, or
orders, this contrad may be canceled, terminated or suspended in whole or in
part and the Contrador may be declared ineligible for further contrads in
accordance with procedures, authorized in Executive Order, Equal Opportunity
and Affirmative Action of April 18, 1975 and the rules, regulations, or orders
promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal
Opportunity and Affirmative Action of April 18, 1975, or by rules, regulations, or
orders promulgated in accordance therawith, or as otherwise provided by law.
10. INTEREST OF MEMBERS OF DRCOG AND OTHERS
No officer, member, or employee of DRCOG and no members of its governing
body, and no other public official of the governing body of the locality or localltles
in which the project is situated or being carried out who exercises any functions
or responsibilities in the review or approval of the undertaking or carrying out of
this project, shall participate in any decision relating to this contract which affects
his personal interest or the interest of any corporation, partnership, or
association in which he is directly or indirectly interested or have any personal or
pecuniary interest, direct of indirect, in this contrad or the proceeds thereof.
11. INTEREST OF THE CONTRACTOR
No officer, member, employee or. agent of the Contractor or any other person
who is authorized to exercise any functions or responsibilities in connection with
the negotiating, review or approval of the undertaking or carrying out of any
segment of the program contemplated by this contract shal have any fi nancial or
other personal interest, direct or indirect, in this contrad or any subc:antract
thereunder, or in any real or personal property acquired therefor. Arry person
who shall involuntarily acquire any such lncompetlble or conftldlng personal
interest shall immediately disclose his/her Interest to DRCOG in writing.
Thereafter ( s )he shaU not participate in any action affecting the program wider'
this contrad unless D~COG shall have determined that, in light cf the penonal
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interest disclosed, the participation in such action 'M>Uld not be contrary to the
public interest
12. OFFICIALS NOT TO BENEFIT
No member or delegate to the Congress of the United States of America and no
resident commissioner, shall be admitted to any share or part hereof or to any
benefit to arise here from, except as a member of the public.
13. INDEMNIFICATION
The Contractor is an independent contractor and not an employee of DRCOG.
As an independent contractor, the Contractor is not entitled to 'M>rkers'
compensation benefits except as may be provided by the Contractor nor to
unemployment insurance benefits unless unemployment compensation coverage
is provided by the Contractor or some other entity. The Contractor is obligated to
pay all applicable f8'Jeral and state income tax on any moneys eamed or paid
pursuant to this contract relationship. The parties agree that the Contractor is
free from the direction and control of DRCOG except such control as may be
requ ired by any state or federal statute or regulation, and that DRCOG does not
require the Contractor to work exclusively for DRCOG ; does not establish a
quality standard for the Contractor; does not provide training, or does not provide
tools or benefits of performance by the Contractor except through a completion
schedule.
To the extent allowable by law, the Contractor shall indemnify, save and hold
harmless DRCOG. its officers, employees and agents, against any and all
claims, damages, liability and court awards, including aD costs, expenses, and
attorney fees incurred as a result of any negligent act or omission of the
Contractor, or its employees, agents , subcontractors or assignees related to this
contract . The Contractor shall include language similar to the foregoing in any
subcontract associated with this Contract, stating that the subcontractor agrees
to indemnify, save and hold harmless DRCOG for negligent acts or omissions of
the subcontractor, its employees, agents, subcontractors, and assignees.
14. FEDERAL REQUIREMENTS
The Contractor shall at all times during the execution of this contract strictly
adhere to, and comply with , all applicable federal and state laws, and their
implementing regulations , as they cumtntly exist and may hereafter be amended,
which are incorporated herein by this reference as terms and conditions of this
contract . The Contractor shall also require compliance with these statutes and
regulations in subcontract agreements associated with this Contract.
The Contractor agrees to abide by and follow all applicable federal and state
guideli nes when expending any funds resulting from this contract. This includes,
but is not limited to , the Procurement Standards set forth in Subpart C of 0MB
Circular A-110 and the applicable provisions of the Federal Acquisition
Regulation (9FAR"), together with any additions or supplements thereto
promulgated by the Fund ing Agency . Cumtnt regulations can be found at
http ://www .amet.gov/far/.
6
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C
C
C
15.
To 1he exl8nt alowable by law, 1he ContradDr agrw ID indemnify, _.,. and hold
hanntesa, DRCOG, its offlcerl, emplo)'aN, agents, IIJbcalltractarl, a,d
aaigl .... should these regulatlons not be folcMed.
CHANGES
Al changes ID this contract sl18I be In the form d a wrttlan supplemental
agreement, signed by the parties 1D 1h11 agreement. .
11. GENERAL
By:
By signing this agreement. Iha Grw1tN ,...... that its Ol'gal llza1lon and its
principals .,. not suapended or dlbmed per Federal requnmenla.
Thia contract represents Iha anh agnaernent between 1he ContradDr and
DRCOG. raplaclng and -..perldlg lff'/ prNOl'8 canlnlct, oral or wrtnen, which
may have existed between Iha parties l'lllallng ID 1he mat1arS set t'ol1h her91n.
IN WITNESS WHEREOF, Iha parties hereto have uac:ullld 1h11 c:ontrac:t on the
__ clay of 2005.
DENVER REGIONAL COUNCIL
OF GOVERNMENTS
CITY OF ENGLEWOOD
By: ___________ _
Douglas Garrett, )layor
ATTEST: ATT'Eff.
By:
Betty L McCarty
Administrative Officer
7
By: __________ _
Loucrishia A. Ellis
City Clerk
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EXHIBIT A
DRCOG Signal Equipment PurchaN
Seo~ of s.rw:.
The City of Englewood will purchase traffic signal and communication equipment
for its traffic signal system at various locallons in the city. The equipment to be
purchased, and the locations for deployment consist of:
Location Equipment Estimated Cost
,
Belleview & Clarkson Fiber optic transcehler $1,850
Belleview & Logan NEMA controller cabinet $10,500
Fiber optic transceiver $1,850
Broadway & Kenyon Fiber optic transceiver $1,850
Belleview (Clarkson to Broadway) Fiber optic cable $2,550
Broadway (Kenyon to City Hall) Fiber optic cable $9,550
Fiber optic transceiver $1,850
Total EsthnldN Coat $30,000
OJlDINANCB NO.
SERIES OF 2005
BY AUTHORITY
COUNCIL BILL NO. 35
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE APPROVING AN INTER.GOVERNMENTAL AGREEMENT
BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY,
COLORADO, BY AND THROUGH THE ARAPAHOE COUN1Y CLERK AND
RECORDER. AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A
COORDINATED BLECTION ON NOVEMBER. I, 2005.
WHEREAS, punuant to the Uniform Election Code of 1992 (Articles 1 to 13 of
Tide 1, C.R.S.) u amended, governmental entities arc encouraged to cooperate and
consolidate elcctiom in order to reduce taxpayer cxpcnaes; 1111d
WHEREAS, the City of Englewood bu puticipated with Arapahoe County in
conducting coordinated elections since 1993; and
WHEREAS, Arapahoe County and the City of Englewood have determined that it
is in the best interest of the taxpayers and the electors to conduct a coordinated
election for the November l, 2005 election; and
WHEREAS, Anpaboe County and the City of Englewood desire to let fonh their
respective respoaaibilitiea for the coordinated election pursuant to the
Intergovernmental Agreement
NOW, THER.EFOR.E, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Section I. 1be Intergovernmental Agreement for Coordinated Electioa ia
attached hereto u .. Exlu1,it A"; the time guidelines acbedule is available in the Office
of the Englewood City Clerk. The Intergovernmental Agreement for Coordinated
Election is hereby accepted and approved by the Englewood City Council ,
-1-
Section 2. The Mayor and City Clerk are authorized to sign and attest said
Agreement for and OD behalf of the City of Englewood.
Introduced, read in full, and passed OD first reading OD the 11th day of July, 200S.
Published as a Bill for an Ordinance OD the IS'~ day of July, 200S.
Read by title and passed OD final reading OD the 1st day of August, 200S.
Published by title as Ordinance No. __, Series of 200S, OD the Sth day of August, 200S.
ATTEST: Douglas Garrett, Mayor
Loucrisbia A. Ellis, City Clerk
I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colondo, hereby
certify that the above and foregoing is a true copy of the Ordinance paued on final
reading and publisbcd by title as Ordinance No. __, Scrica of 2005.
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INTERGOVERNMENTAL AGREEMENT
FOR COORDINATED ELECTION
ARAPAHOE COUNTY
NOVEMBER 1, 2005
(Election Only)
This Intergovernmental Agreement is entered into by and between the Board of County
Commissioners of the County of Arapahoe, State of Colorado and the Arapahoe County Cieri< and
Recorder (hereinafter jointly referred to as the "County") and the
______ _..c,.1..._cy.,_..o""f""g ... n .. g~l"!"ew..,.o,..o"'.!d..._....,.,.......,,,.__,.....,.,......,....~-------(hereinafter
referred to as the "Political Subdivision· and/or "Jurisdiction").
WHEREAS, pursuant to the Uniform Election Code of 1992, (Artldes 1 to 13 of TiUe 1,
C.R.S .) as amended, governmental entities are encouraged to cooperate and consolidate elections
in order to reduce taxpayer expenses; and
WHEREAS, the County and the Political Subdivision have determined that it is in the best
interest of the taxpayers and the electors to conduct a Coordinated Election on November 1, 2005;
and
WHEREAS, the County and the Political Subdivision desire to set forth their respective
responsibilities for the Coordinated Election to the Intergovernmental Agreement
NOW, THEREFORE, IT IS AGREED by the County and the Political Subdivision as follows:
1. The November 1, 2005 election shall be conducted as a Coordinated Election in accordance
with the Uniform Election Code of 1992 (Artides 1-13 of Titte 1, C.R.S.). The election
participants shall be required to execute agreements with Arapahoe County for this purpose
and may include municipalities, school districts and special districts within the Arapahoe
County limits and the State of Colorado ,
2 . The November 1, 2005 election shall be conducted by the County as a mail ballot election.
3 . The Arapahoe County Cieri< and Recorder shall be designated as the Coordinated Election
Official and the Political Subdivision hereby identifies
Loucrishia A. Ellis I City Clerk as its Designated Election Official.
4. The County shall perform the following tasks in relation to said election, to wit
a . Negotiate an agreement for the printing of the official ballots.
b . Provide a copy of the ballot layout and the text of the official ballot to the designated
election official for proofreading before authorization to begin printing of all ballots .
C.
d .
e .
f.
Certify the complete number of registered electors within the Arapahoe County portion of
the Political Subdivision no later than October 14, 2005.
Provide support on the date of the election by telephone and in person, should the need
arise , until counting of the ballots is completed .
Provide unofficial results of the election on eledlon night by telephone or by facsimile
transmittal upon request
Maintain a list of actual voters from the November 1, 2005 election, and upon request,
generate a printed list of the persons who voted following the election . The cost will be
$.005 (1/2 cent) per name .
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g. Store all voted ballots for a minimum of 25 months, and all other materials required by law
(Section 1-7-802, C.R.S .) to be saved, in such a manner that they may be accessed by the
participating jurisdiction, if necessary, to resolve any challenge or other legal questions that
might arise regarding the election.
h. Keep a careful and accurate accounting of time, supplies, printing costs and salaries
attributable to the County's administration of the election for the jurisdiction. The
participating jurisdiction's proportional share of actual costs shall be based on County
expenditures relative to the November 1, 2005 election.
i. Appoint, compensate. instruct and oversee the board of canvassers.
j. Appoint, compensate, instruct and oversee the judges of the elec:llon.
k. No later than 20 days prior to the election, provide the pa,1lc:lpatil 19 Jurl8dictlon test ballots
of the jurisdiction's ballot style(s) to allow for testing <:I eleclrorllc: YOte-countlng equipment.
I. Publish and post the required legal notice pursuant to C.R.S. 1-5-205 that ii publilhed no
later than 1 O days prior to the election for the jurisdiction's balot q'*8ionl and candldatls.
m. Enforce Fair Campaign Practice Act (Article 45 <:I Title 1, C.R.S .) • it ,...._ to the
November 1, 2005 elecllon.
n. Provide and operate the County's electronic vote-counting equipment. Tiwe wil be no
charge for the pre-election preventative maintenance on the eledrOI lie vot.countlng
equipment for this election cyde.
5. The Political Subdivision shall perform the following tasks in relation to said elec:llon. to wit
a. Certify the candidates, if applicable, the list of ballot iUUN anJ/ot ballot questions of NCh
ballot issue or question on a diskette in Miaosoft Word farmllt along with • paper copy of
the ballot content no later than 4:00pm on September 2. 2005. The ballot corant must be
certified in the order in which it will appear on the ballot. Ibt 9ldlftlla IJlt qf cw 1'11 ;
ballot issues and/or ballot questions sblll bt final and tht OJ,,,,. WW DPI bt rrr 'INe fq
making any changes after the certiflcatlon.
b. Within one day of receipt, proofread the layout and the text of the jurisdk:tion's portion of
the official ballots before authorizing the printing cl all ballots.
c. Publish and post any required legal notices for the jurisdiction's ~. ballot --.
and/or ballot questions, other than the notice required by C.R.S. 1-5-205 lhat ii publilhed no
later than 1 O days prior to the election.
d. P,e19a,e, hand-count and deliver to the County Cieri<, the required test deck of ballots for
testing the electronic vote counting equipment. no later than October 14, 2005.
e. Remit payment directly to Arapahoe County within 60 days of billing for its prorated stwe
of ALL COSTS relating to the printing and mailing of ballots and all other election upenses
described in Section 4 .
f . Comply with the provisions of the Uniform Election Code of 1992 (Articles 1-13 of Title 1,
C.R.S.), and the time guidelines schedule as attached hereto as these ,...._ to the
November 1, 2005 election . The Political Subdivision shall notify the County of .-ry
exception no later than 29 days prior to the election.
g. The Political Subdi ision shall defend and resolYe at ill sole upe,we al dl1Z1 igea retalNe
to the candidates. ballot issues and/or ballet quNtlons • certllled ID • Ccunly for
inclusion in the November 1, 2005 Coordinatlad Eledlon.
h. Submit to the County a copy of the pa,1ic:ic)atlng }urildldion's fflllP., • d c:ony
precincts , which corresponds to the County's Pf9Cll'Cl map, no..., IW\ Augl,al 22. 2005.
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i. Certify to the County, the political subdivisions' legal boundaries and a copy of the
participating jurisdiction's map with the list of county precincts no later than August 22,
2005.
j. Deliver all requests for absentee ballots to the County for processing. Such req~ts shall
be delivered or faxed ailX to the Arapahoe County Clerk and Recorder's office.
6 . The Political Subdivision avers that it has sufficient funds available in its approved budget to
pay its prorated election expenses for the November 1, 2005 Coordinated Election.
7 . Unless otherwise agreed in writing, this Intergovernmental Agreement and the interpretation
thereof shall be governed by the laws of the State of Colorado.
8. Should any provision of this Intergovernmental Agreement be determined by a court of
competent jurisdiction to be unconstitutional or otherwise nun and void, It Is the intent of the
parties hereto that the remaining provisions of this Intergovernmental Agreement shaR be of
fuU force and effect
9. Notices to be provided under this Intergovernmental Agreement shaR be given in writing either
by hand delivery or deposit in the United States mall, certified mall, return receipt requested,
with sufficient postage, to the following persons:
Nancy A Doty
Arapahoe County Clerk and Recorder
5334 South Prince Sl
LitUeton, Colorado 80166-0211
DEO Name: Loucriahia 4, Ellis
Tltle: · City Clerk
Addreu: 1000 Englewood Parkway
City, St, Zip: Englewood, CO 80110
10. This Intergovernmental Agreement may not be modified, amended or otherwise altered unless
mutually agreed upon In writing by ~ parties hereto.
ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS
Lynn Myers, Chair
ATTEST:
Nancy A. Doty, Coordinated Election Official
Date
Date
JURISDICTION NAME: ___ ...1C,..i1,.1,t.;r.Y...19,1.1(....1;11En1,11g1w1,l~ewolllolliioi».d ________ _
By
Mayor
Title
Douglas Garrett Date
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DATE DAY
( ·n 1 Sat
Jan 31 Mon
June 1 Wed
July 11 Mon
J Jly 22 Fri
Aug2 Tues
Aug3 Wed
( ;,22 Mon
Aug23 Tues
Aug23 Tues
Aug26 Fri
"-.1g 26 Fri
Aug JO Tes
Sept2 Fri
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2005 ARAPAHOE COUNTY ELECTION CALENDAR
EVENT/ACTION
ABSENTEE BALLOT APPLICATION
Earliest day to apply for an absentee ballot for an election in 2005. (Eiaplion for
absent uniformed MMCff eleclo,, a non,esldenl -eleclof, o, a rNidlnl -
elacior , as defined In sectlon 1·2·208.l
.. -.-v,~n~ U::il
The County Clerk and Recorder shall furnish to the county chairperlons of the two
major political parties a list containing the namN, addrNMI, precinct numbers,
and party affiliations of the electors whose names were cancaled from the
registration record (no later than ninety days following any i,ene,111 eleclion.) The clerk
shall transmit to the Secretary of State a list of the canceled IIOtefS in the accepl8d
media format.
POLITICAL ORGANIZATION STATUS
Last day for the Secretary of State to notify County Clerks of qualified political
oraanizations' loss of aualifled status.
UPDATED ELECTION LAWS
No later than 60 days after the adjournment of the General Alaembly, tie Secretary
of State shall transmit urviated election laws to the countlel.
POLITICAL SUBDIVISION NOTIFICATION TO CLERK
Last day for political subdivisions pa,ticipating in a General Election to notify tie
ICountv Clerk . 1100 davs before the election\.
IIUNCIPAL NOMINATING PETITIONS
Earliest day a municipal candidate may circulate a namlnating petition. (91 days
Drior to the election . I Petitions are filed with the municiNll clerk .
NONPARTISAN CANOIOATE NOMINATING PET1T10NS
Earliest day a nonpartisan candidate may circulate a nominating petition . (includes
school board candidates) 190 -"""'to the elec:tlon.l
IIUNCIPAL NOMINATING PETITIONS
Last day to file municipal candidate nominating 1)9titions with the municipal clerlt.
IINo lalef than the 7111 dav prior to the elldion.l
INTEAGOVERNIIENT AL AGREEIIENT9 D!ADUNI
lmergovemmental agreements to be signed by County Clerks and political
subdivisions . !No later lhan 70-.. belorll lhe election\.
WRITE IN CANDIDATES DEADLINE
Last day 10 file an affidavit of intent to run as a write-in candidate for a non-partisan
election. (CloN ol ~ on the 70ltl-. ~ the ellc:tlor,.1
IIUNCIPAL NOMINATING PETITIONS
The nominating petition for a municipal candidate may be amended to co,rect or
replace signatures that are not in conformity with requirements . (Belole the 871h day
before the election.I
NONPARTISAN CANDIDATE NOMINATING PET1T10NS
Last day for candidates for the office of school district director to file a nomination
1na11tron . (No taler than 67 ttav. before the election date.I
CANCELLATION OF ELECTION
A nonpartsan election may be canceled if the only matter before the electors is the
normnauon of candidates and there are not more candldatN than officea to be
lalle<1 (Al the close of bualMN on the 63rd day befor9 the eledion.)
CERTIFICATION OF BALLOT BY PARTICltATING POLITICAL SUIIDMSIONS
Last day for designated election official from NCh political IUbc:IMlion that intendl
to conduct an election to certify the ballot contant. The cdation shall be
lde!ivered to the County Clerk and Recorder of each county that hu a lerritory within
llhe po 1,cal subdlVlsron if the elecbon IS coordinated with the Clerk and Recorder .
fNo 1 .. 1., tnan 80 davs oner to the election \
CERTIFICATION OF BALLOT BY SECRETARY OF STAT!
Sept5 on L t 'I o, e Secretary of State to send l'IObCe and cdication ol lhe
Coord, ted ElectJOn ballot to the County Clerks . (At i.ut 57 days bef0te the
Coo,onai9<1 E!ael!On )
U..Ha• • ...._ .... only.
•
STATUTE/
RULi!
1-8-104 (3);
1·8-103.5 (1 .5)
1·2-605 (8); (9)
S.O.S. Rule 3.8
1-1-108(1)
1-7-118(5);
1-1-108(5)
1--4-805
Rule4.1
t-4-805
1-7-118(2)
1-4-1102(2)
1--4-805
1-4-803(2)
1-5-208(1 .5)
1-5-203(3)(•)
1-5-203(1)
SUBJECT
AbHntee
Voter Lisi
Pollllcal
party
Election ....
Polllcal
IUbdlvilion
~
Nonpartlaan
Candidate
Municipal
IGA
Write In
Municipal
School
Election
Cancellation
Certification
of Ballot
Certification
of Ballot
., 10 Coklt.oo c:oni..... ~ SlaMM, and SOS AulN for applicallle ~. Page 1 of 5
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DATE DAY
SeptS Mon
SeptS Mon
Sept7 Wed
Sept 16 Fri
Sept 16 Fri
Sept 19 Mon
Sept20 Tues
Sept22 Thur
Sept22 Thur
Sept21
30
Sept 21
Oct2
Sept30 Fn
Sept 30 Fn
Sept30 Fn
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2005 ARAPAHOE COUNTY ELECTION CALENDAR
EVENT/ACTION
BALLOT ORDER • LOT DRAWING DEADLINE
The ballot arrangement of the names of all duly nominated candidates shall be
established by lot at any time prior to the certification of the ballot (No tatar than 57
davs orior to the election .)
SPECIAL WRITE-IN ABSENTEE BALLOT
Last day for election official to send qualified electors special write-in blank
absentee ballot along with a list of all measures that are to be submitted to the
voters . (No later than 57 dava orior to the election. I
MAIL BALLOT PLAN DEADLINE TO SECRETARY OF STATE
Last day to notify the Secretary of State and submit a plan for a mail ballot election.
/No later than 55 dava orior to the electlon. I
TABOR COMMENTS DEADLINE (DESIGNATED ELECTION OFFICIAL)
Last day to file pro/con comments pertaining to local ballot issues with the
designated election official in order to be included In the issue mailing. (F rlday before
the 45th dav before the elecllon.l
ALTERNATE BALLOT COUNT
Final day for the Secteta,y of State to approve anemate ballot cou,tlng. (No later
than 45 t1ava before the General Elec:llon.1
TABOR COIIIIENTS DEADLINE (PETITION REPRESENTATIVE)
Last day tor a petition ~ to llbnit a summary of comments in favor of
their local bald issue. INo laW lhan 43 davs before the elactlon.l
TABOR COIIIIENTS DEADLINE TO COUNTY CLERK A RECORDER
Last day for the dasignaled election official to deliver ballot issue notices to the
Cnuntv Clerk anct Recordlr. INo ia. than 42 dava before the election.\
REGISTRATION UST (CO CLERK) a PROPERTY OWNER UST (ASSESSOR)
Last day tor the dNlgnalld election official to order registration and property owner
records for UN by lilc:bon judges. (No laler than the 40lh day p,-dlng the election.)
IIM. IIALLOT PUN DEADLINE FROII SECRETARY OF STATE
Last day tor the Sect9taly of State to give written approval to a submitted mail ballot
Dian. (15_.,..._lon oltheolan.l
VOT!R MGISTRATION FOAMS TO COUNTY CLERK
The aulhonZed employee at drlve(s license examination facilities shall forward
voter rei,atratJon applications on a daily basis, to the County Clerk and Recorder of
, the county in which the facility is located. (" open during the lut week allowed tor
nnrv IO the elec:lion . I
VOT!R REGISTRATION FOAM$ TO COUNTY CLERK
" a VOlef registrabOn application is accepted at a voter registration agency, the
appliicabOn shall be transmitted to the County Clerk and Recorder of the county in
whch the agency is located, not lat,r than five days after the date of acceptance.
f°"""9 the lut 5 daya before the last day for registration to vote in the election.)
BALLOTS PAINTED A AVAILABLE
8alots tor a nonpartisan election must be printed and in the possession of the
deslanated election official. INo later than 30 davs before the election.I
T AIIOR NOTICE MAILED
Last day to mail notice of election ballot issues. (At least 30 daya before election.)
REGISTRATION LIST (CO CLERK) & PROPERTY OWNER UST (ASSESSOR)
Registraoon and property owners list may be ordered by the designated election
ofh::181 With the fir$! list as of the 30th day before the election and the supplemental
hst rvrnndAd the 20th dav before the election .
VOTER REGISTRATION DEADLINE
\)ct 3 Mon Last day to register to vote for the Coordinated Election . (No later than 29 daya before
the COOfdinated Election .\
UM lh1• ••....,_ .... only.
STATUTE/
RULE
1-5-406
1-8-116(2)
1-1-106(5)
1-7.5-105(1)
Rule 6.2.2
1-7-1101(4);
Art. x, Sec. 20
(3)(b)(v)
1-7-603;
1-1-106(5)
1-7-903(3)
1-7-904
1-5-303(1 );
1-5-304(1); (2)
1-7.5-105(2)
1-2-213(2)(d)
1-2-507
1-5-406;
1-1-106(5)
Art. XSec.
20(3)(b);
1-1-106(5)
1-5-303(1 );
1-5-304(2)
1-1-106(5)
1-2-201(3)
SUBJECT
L
Lot Drawi n(
Special
Absentee
Mail Ballot
Plan
TABOR
sos
Approval
TABOR
Summary
TABOR
Voter List
Mall Ballot
Plan
Voter
Reglalratlon
Voter
Reglalration
Balots
Printed
TABOR
Voter List
Voter ~ Reglatratlon
RavtMd
OIS/2 412005 Reier to 1he Cokndo Constitution, RIIIIMd SlatutN, and SOS Rules tor appicabla p,ovilions, Page2ol5
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LJATE DAY
cu-
•• JV 1
Oct7-
17
Oct7-
Nov 1
Oct 11 Tues
Oct 12 Wed
Oct 12 Wed
c;,_ct 13 Tues
Oct 14 Fri
Oct 17 Mon
Oct21 Fri
Oct 21 Fri
Oct 21 -
Nov 3
Oct22 Sa t
r(
Oct28 Fr i
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I I l I ~J
2005 ARAPAHOE COUNTY ELECTION CALENDAR
EVENT/ACTION
EMERGENCY REGISTRATION
Elector may complete a sworn affidavit for a change of address in the County
Clerk's office stating that he/she moved within the county no later than the 30th day
before the election. (For the 28 daya before and on the day of the election .)
MAIL BALLOT PACKETS MAILED
The designated election official conducting a November 1 mall ballot election shall
send a mail ballot packet to each eligible elector. (Not sooner than 25 daya before an
elaction and no later than 15 dava before an election .)
MAIL BALLOTS AVAILABLE
Mail ballots shall be made available at the designated election official's office for
eligible electors listed as inactive or who are not otherwise listed in the county voter
registration records but who are authorized to vote . (Not sooner than 25 days before
an election , nor later than 7 o.m. on Election Dav.I
FAIR CAMPAIGN PRACTICE ACT FILING DUE
Contribution and expenditure report shall be filed with the County Cierk & Recorder
or the Municipal Clerk (MANUAL tlllng-reporting perloc:111128/04 thru 10/6/05)
REGISTRATION UST (CO CLERK ) & PROPERTY OWNER UST (ASSESSOR)
The County Clerk and Recorder shall make available a supplemental list of the
electors who have become eligible to vote since the earlier list wu certified and
County Assessor shall make available the supplemental list or all recorded owners
of real property who have become owners since the first list was certified (No later
than 20 days prior to election .)
NOTICE OF ELECTION
Lut day for the dasignated or coordinated election official to provide published
notice of a mall ballot election . (No later than 20 days prior to election .)
FAIR CAMPAIGN PRACTICE ACT FILING DUE
Contribution and expenditure report shall be filed with the County Clerk & Recorder
or the Municipal Clerk (ELECTRONIC tlllng -reporting period 11128/04 thru 10/6/05)
CONTINGENCY PLANS DEADLINE
Last day for the County Clerks to file contigency plans for their electronic vote-
counting facilities . (At least 1 week before any ballota are counted electronically)
DEADLINE FOR MAIL BALLOT PACKETS
Last day to mail the mail ballot packets to each active registered voter. (No later
than 15 days before and election.)
ABSENTEE BALLOT REQUEST DEADLINE • MAILED
Last day to apply for an absentee ballot for the Coordinated Election if mailed . (11
davs ori or to the elect ion .)
NOTICE OF ELECTION FILED WITH COUNTY CLERK
The de signated electi on offic ial shall mail a copy of the notice of election to the
county clerk and recorders of the counties in which the political subdivision is
located if the clerk is not the coordinated election official . (No later than 1 o days prior
to the elaction).
NOTICE OF ELECTION POSTED
A copy of the notice of the election shall be posted in a conspicuous place in the
office of the designated election official. (At least 1 O days prior to and until 2 daya after
the elect ion .)
MAIL BALLOT COUNTING MAY BEGIN
Cou ntin g of mail ba ll ots may begin 1 O days prior to the election . No rNUlta can be
dlacloud untll after 7:00 o.m . on elec:tlon day.
ABSENTEE BALLOT REQUEST DEADLINE -IN PERSON
Last day to app ly tor an absentee ballot for the Coordinated Election if not mailed.
!(Friday precedi ng the electi on .)
UM this • • ,.,.,_ guide only.
STATUTE/
RULE
1-2-216(4)(8)
1-7 .5-107(3)(8)
1-7 .5-107(3)(c)
1-45-
1 08(2)(a)(II)
1-5-303(1 )(2);
1-5-304(1 )(2);
1-7 .5-107(2)(b)
1-7.5-
1 07(2 .5)(8)
1-45-
1 08(2)(a)(II)
1 -8-302(2);
Rule 11.8.1;
1-1-108(4)
1-7 .5-107(3)(8)
1-8-104(3)
1-5-205(2)
1-5-205(1 .3)
1-7.5-107 .5
1-8-104(3)
Refer to the COiorado Constitution, Re,,;aed S1aMN. and SOS RIMS lor IIIIClllcable Dfl:MSiana.
SUBJECT
Emergency
Registration
Ballota
Mailed
' Ballota
Available
FCPA
Voter List
Notice of
Election
FCPA
Contingency
Plan
Bdota
Malled
AbeentN
Notice of
Election
Notice of
Election
' 1 • •
Belot
Counting
Ab--.
DATE DAY
Oct28 Fri
Oct30 Sun
Nov 1 Tues
Oct 31 • Mon
Nov 1 Tues
Nov1 Tues
Nov 1 Tues
Nov3 Thur
Nov3 Thur
Nov9 Wed
Nov 16 Wed
Nov 18 Fri
Nov 18 Fri
·•
• •
r·---~l
·!-__,,)
2005 ARAPAHOE COUNTY ELECTION CALENDAR
EVENT/ACTION
FAIR CAMPAIGN PRACTICE ACT FILING DUE
Contribution and expenditure report shall be filed with the County Clerk & Recorder
or the Munic ipal Clerk (MANUAL filing -reoortlng period 10/7/05 thru 10/23/05)
FAIR CAMPAIGN PRACTICE ACT FILING DUE
Contribution and expenditure report shall be filed with the County Clerk & Recorder
or the Mun icipal Clerk (ELECTRONIC filing -reporting period 10/7/05 lhru 10/23/05)
COORDINATED ELECTION (OFFICE open 7:00 a.m. to 7:00 p.m.) For local or
statewide matters arising under Article X, Section 20 of the State Constitution and
for regular biennial school elections . (The first Tuesday in November of odd numbered
years .)
EMERGENCY ABSENTEE BALLOT REQUESTS
Emergency absentee ballot requests must be made after the close of absentee
ballot deadline and before 5:00 p.m . Election Day . The ballot must be returned no
later than 7:00 o.m. on Election Dav.
ABSENTEE BALLOTS RETURNED
All absentee ballots shall be in the hands of the county clerk no later than 7:00 p .m .
FAIR CAMPAIGN PRACTICE ACT • off electlon year
Annual contribution and expenditure report for committees which were active in a
previous election shall be filed with the County Clerk & Recorder or the Municipal
Clerk (MANUAL ftllna • noonortJna oeriod 10/27/04 thru 10/27/05\
FAIR CAMPAIGN PRACTICE ACT • off election year
Annual contribution and expenditure report for committees which were active in a
previous election shall be filed with the County Clerk & Recorder or the Municipal
Clerk (ELECTRONIC ftllna · reoortina oerlod 10/27/04 lhru 10/27/051
SIGNATURE DISCREPENCY ON MAIL BALLOT
County Clerk shall send a letter to eligible electors who voted by mail ballot, but
whose signature is not provided, or whose signature does not appear to match the
signature on file in the office of the County Clerk & Recorder, with a form to confirm
that the elector returned a ballot. (Within 2 dava alter etectlon <lllv.l
SIGNATURE DISCREPENCY ON MAIL BALLOT
In the case of a discrepancy in signatures, last day for elector to return form
confirming that they did send a ballot to the County Clerk & Recorder. (Within 8 days
aher election dav .l
SCHOOL BOARD MEETING
Organizational meeting for the School Board shall be held. (Within 15 days after the
election .)
CANVASS BOARD
County Bpard of Canvassers shall prepare offic ial abstract of votes cast for the
Gene ral Elect ion . !No later than the 17th dav aher the General Election .I
ELECTION RETURNS TO SECRETARY OF STATE
Last day fo r County Clerks to transmit returns to the Secretary of State . (Na later
than lhe 18th dav aher the election .)
OATH OF OFFICE · SCHOOL BOARD CANDIDATES
The winning candidate for a director of school district shall take the oath of office.
STATUTE/
RULE
1-45-
108(2)(8)(11)
1-45-
108(2)(8)(11)
1-1-104(6.5);
1-41-102(1);
1-7-101 ;
Art .X, Sec .
20(3)(8)
1-8-115(1)(b);1-
8-115(2)
1-8-113(1)(8); 1
8-115(1 )(b); (2)
1-45-
108(2)(8)(11)
1-45-
108(2)(a)(II)
1-7.5-
107.3(2)(a);
SOS Rule
13.9 .1
1-8-114.5(2)(8)
22-32-104(1)
1-10-102(1)
1-10-103(1)
1-1-106(5)
22·31-125;
Nov 23• Wed The oath shall be filed w ith designated election official for the school district. (Na 1-10-203(1)
later lh an 15 days follow ing the survey of results . ·However, schools coordinating with Iha 1-10-102
County Cieri( & Reco rder have until 15 days aher the Canvus Board certllies the election .
Th e last day fo r the Canvass Board to certify resuhs ii Nov . 18)
Nov 25 Fri ELECTION RETURNS COMPILED BY SECRETARY OF STATE 1-10-103(2); The Secretary of State shall compile and total the returns received from al counties
-and determine if a reco unt is necessary . (No later than 24 davs attar tha eledion.)
SUBJECT
FCPA ,I
\
FCPA
ELECTION
DAY
Absentee
Absentee
FCPA
FCPA
Signature
Verification
Signature
Vertflcallon
School
Canvau
Board
Abatract to
sos
School
~I
Revised
06/24/2005
U.. 111111 • a,.,_ guide only.
Refer to the Colorado ConstitUtJOn, Revised StatulN. and SOS Rules for ~ p,o,,ialons. Page 4 al 5
'
•· •
2005 ARAPAHOE COUNTY ELECTION CALENDAR
DATE !VENT/ACTION ffATUTU llJ8J8C'r RU
,v25 Fri 1-10.5-102(1); Recounl (2); 1•1-108(5)
• 1-10.5-108(2); Recount 1-1·108(4)
1-10.5-108(2) Recounl
The illl!Nted party that ~ a l'8CCUlt llhal pay the coat of ttle 19CCU1t by 1-10.5-108(2); . Recounl cer1llled Mdl ID the elecllor'I offlclal wllh whom the ~ waa flied. (Wtil 1 day 1-1-108(4)
of ttie ....., alllaW• Oll8l delennll111llo11, I tied on 1111 ._
CERTIFIED R!8UL TS l'OR 9PECIAL DISTRICT 8peallll
Dec1 ThU' 1-11-103(3); IMlcl The rNUIIII of a epeclal dlelrlct election ellal be certllled by ttle dlelricl'I dNignad 32-MCM ANIAI election offlclal to .. dlvlllor'I of local 30 lftarttieeleallon.
FAIR CAIIPAIGN PRACTICE M:f Fl.ING DUE 1-45-Dec1 Thur Contribution and expenclbn r9P(llt ... be fled wllh the Colny Clerk & Recorder 1 Ol(2)(a)(II) FCPA
or the MlnClpal Clerk (IIANUAL ana · period 10r'24/05 llvu 11/2Ml6)
DEADLINE FOR MANDATORY RECOUNT 1-10.5-102(2); 1
Dec1 Thur Last day to complete a mandatory or requested racount. (No lmr lhlln the 30lh day 10.5-108(2); 1-1 Recount
allarttieelectlon: 108(5)
FAIR CAMPAIGN PRACTICE M:f FILING DUE 1-45-Dec3 Sat Contribution and expenclhn r9P(llt lhal be fled with the Colny Clerk & Rllcordar 10l(2)(a)(II) FCPA
or the M111iclpal Clerk (!U!CTIIONIC ana · l9Pl)l1lng period 1 Or'24I05 ltlru 1112M115)
(
u.. ...... .-.-..... .....
AalerlD .. CdlndoCelnla*lft. ............... -................ ..........
( COUNCIL COMMUNICATION
Date: Agenda Item: Subject
August 1, 2005 9cl I Sale of Englewood Public Library Bookmobile
to Douglas County Libraries
Initiated By: Staff Source:
Library Department Hank Long, Director of library Services
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
At their July 18, 2005 Study Session, City Council indicated support for the Englewood Public
Library to sell the Englewood Public Library Bookmobile to Douglas County Libraries for the
amount of $28,000 following recommendation by the Library Board at their meeting of July 12.
RECOMMENDED ACTION
Recommendation from the Library Department to approvE!i by mo~lhs ~ of title and
ownership of the Englewood Public Ubr,ry Bookmobile to Douglas County Libraries in return for a
one time payment in the amount of $28,000. ;
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In 2003 the Library ceased operating its Bookmobile due to budget reductions, limited capacity,
decreasing use and obsolete technology. For the past two years, the Library has leased this vehicle
to Douglas County Libraries for the amount of $12,000 per year. Of this annual amount, $8,000
was used to reinstate some of the weekly hours of the two EPL Children's librarians which had
been reduced due to budget cuts; t he remaining $4,000 was used to pay the City's Service Center
for annual maintenance on this vehicle. Earlier this year, the Library received a query from Douglas
County Libraries as to the possibility of extending the lease of the Bookmobile one more year or
else buying it outright.
In April 2005, City Council discussed the request by Douglas County 'Libraries to purchase the
Bookmobile and gave their permission for the Library to pursue the sale, pending approval by the
Englewood Library Board. In follow.up discussions with the Library, Douglas County Libraries
proposed buying the Bookmobile this year for the determined fair market value of '.>8,000, of
which $6 ,000 would pay for the first six months of the current lease agreement On July 12, the
Library Board voted unanimously to approve the request by Douglas County Libraries to purchase
the Bookmobile in the amount of $28,000. On July 18, City Council gave their permission for the
sale to proceed .
'
.... ..
I
• •
FINANCIAL IMPACT
Douglas County Libraries will pay the City of Englewood $28,000 for the purchase of th e
Englewood Public Library Bookmobile.
LIST OF ATTACHMENTS
None
:
• •
COUNCIL COMMUNICATION
~
Date: Agenda Item: Subject:
August 1, 2005 11 a i South Platte Protection Plan
Initiated By: Staff Source:
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the South Platte Wild and Scenic River Review Project Participation Agreement
at the March 4, 1996 meeting.
RECOMMENDED ACTION
Recommendation from the Utilities Department to adopt a bill for an ordinance authorizing
participation in the South Platte Protection Plan.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The original South Platte Wild and Scenic River Review project involved a collaborative effort in
providing comments to the Forest Service and any other decision making agency regarding our
collective concerns regarding the ability to protect the water supply and relevant functions of the
North Fork and mainstream of the South Platte River.
A Record of Decision was reached in July, 2004 and numerous stakeholders developed an
alternative to the Wild and Scenic designation now known as the South Platte Protection Plan. The
goal of the Plan is to protect and enhance the resources of the area at the local level without
federal designation, while preserving the role of the river in water supply and maintaining sufficient
flexibility in river management to accommodate changes over time. Due to the plan being
voluminous, it is not attached; however a copy is available in the City Clerk's office.
FINANCIAL IMPACT '
A principal element of the South Platte Plan is the participation of water suppliers and local
governmen ts in an "E ndowment Fund• to be used to protect the river values which the Forest
Service sought to safeguard through the Federal "Wild and Scenic Rivers• Act Englewood's
proportionate share as a member of the Board will be $8,000 a year for each of the coming three
years . The amount each participant is being asked to pay is tied to the number of customers
serviced by the water utility.
t
·"
• •
160I Wtll 1:lth A-• 0.-, ularMa 112N-l41J
,,,_ JO~• Fa No. JIUJl.6478
hlrida L Wela, c-al C:--. t.epl DMlion
July 14, 2005
Nancy N. Reid
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
Dear Nancy:
Enclosed arc the docwnents you requested in your July 12, 2005 lettcr. We apologize for
any confusion.
The agreement to establish the Enhancement Fund has been complicated. We have done
our best to explain how the Denver Foundation's governing docwnents impact the
decision making ability of the South Platte Enhancement Board ("the Board").
Generally, since this is a donor advised fund, the Board is able to set parameters for the
distribution of funds. However, the Denver Foundation does have legal control of the
funds in the account. Given the Denver Foundation's history as a solid financial
institution, the other Granton to the fund have found this relationship acceptable. The
overall concern of what happens if the Plan fails is addressed in Section 3 (b), which
provides for a distribution of the entire principal based on the percentage of the Grantor's
contribution.
Please contact me if you have any questions or comments at (303) 628-6249.
s· I
Robert S F
Attorney
0~
• •
-
CORRECTION
THE PRECEDING DOCUMENT OR BLANK FRAME HAS BEEN
RE MICROFILMED TO ASSURE LEGIBILITY AND
ITS /MA GE APPEARS IMMED/A TEL Y HEREAFTER.
...
I ·
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
August 1, 2005 11 a i South Platte Protection Plan
Initiated By: Staff Source:
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the South Platte Wild and Scenic River Review Project Participation Agreement
at the March 4, 1996 meeting.
RECOMMENDED ACTION
Recommendation from the Utilities Department to adopt a bill for an ordinance authorizing
participation in the South Platte Protection Plan.
BACKGROUND, ANALYSIS, AND ALltRNATIVES IDENTIFIED
The original South Platte Wild and Scenic River Review project involved a collaborative effort in
providing comments to the Forest Service and any other decision making agency regarding our
collective concerns regarding the ability to protect the water supply and relevant functions of the
North Fork and mainstream of the South Platte River.
A Record of Decision was reached in July, 2004 and numerous stakeholders developed an
alternative to the Wild and Scenic designation now known as the South Platte Protection Plan . The
goal of the Plan is to protect and enhance the resources of the area at the local level without
federal designation, while preserving the role of the river in water supply and maintl · ing sufficient
flexibility in river management to accommodate changes over time. Due to the pla g
voluminous, it is not attached; howeve r a copy is available in the City Clerk's office.
FINANCIAL IMPACT
A principal element of the Sou th Platte Plan is the participation of water suppliers and local
governments in an #Endowment Fund # to be used to protect the river values which the Forest
Service sough t to safeguard through the Federal "Wild and Scenic Rivers• Act Englewood's
propo rtionate share as a member of the Board will be $8,000 a year for each of the coming three
years . The amount each participant is being asked to pay is tied to the number of customers
serviced by the water utility.
.... ....
.,.
•
'
•
LIST Of ATTACHMENTS
Letter dated July 14, 2005 from the Denver Water Board
Bill for an Ordinance
)
1600w..t 121h-·0.-.~-.341J
,._ JOMJ"6460•Fa Ne. JOMa647I
Patricia L W ... C--' C--', a..pl OMlloll
July 14, 2005
Nancy N. Reid
City of Englewood
l 000 Englewood Parkway
Englewood, CO 80110
Dear Nancy:
Enclosed are the documents you requested in your July 12, 2005 letter. We apologize for
any confusion.
The agreement to establish the Enhancement Fund has been complicated. We have done
our best to explain how the Denver Fowidation's governing documents impact the
decision making ability of the South Platte Enhancement Board ("the Boardj.
Generally, since this is a donor advised fund, the Board is able to set parameters for the
distribution offimds. However, the Denver Foundation does have lepl control of the
runds in .the account. Given the Denver Foundation's history as a solid financial
institution, the other Granton to the fund have found this relationship acceptable. The
overall concern of what happens if the Plan fails is addressed in Section 3 (b), which
provides for a distribution of the entire principal based on the percentage of the Grantor's
contribution.
Please contact me if you have any questions or comments at (303) 628-6249.
~ly:-3 ~ oS,.,___
Robert S. Fische
Attorney
CONSERVE
•
ORDINANCE NO.
SERJES OF 200S
BY AUTHORITY
ABD..LFOR !
COUNCD.BD..LN0.24 ,
INTRODUCED BY COUNCIL
MEMBER~~~~~-
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ESTABLISHING TIIE SOUTH PLATI'E E.NHANCP.MENT FUND. A DONOR I
ADVISED FUND OF THE DENVER FOUNDATION BETWEEN DOUGLAS
COUNTY, JEFFERSON COUNTY, SOUTH METRO WATBR SUPPLY
AUTHORITY, PARKER WATER AND SANITATION DISTRICT, CITY OF
AURORA, COLORADO SPRINGS Ul1LITIES, CITY OF TIIORNTON, DENVEll
WATER AND THE CITY OF ENGLEWOOD COLORADO. I
WHEREAS, the Englewood City Council approved the South Platte Wild and Scenic
River Review Participation Agreement in 1996; and
WHEREAS, the Englewood City Council approved the City's participation in the
South Platte Protection Plan in August 2004; and
WHEREAS, the Englewood City Council approved funding the South Platte Review
Project for $8,000 each year for three years in January 2005; and
WHEREAS, the original South Plate Wild and Scenic River Review project involved a
collaborative effort in providing comments to the Forest Service and other decision
making agencies regarding local governments' collective concerns regarding the ability to
protect the water supply and relevant functions of the North Fork and mainstream of the
South Platte River; and
WHEREAS, a record decision was reached in July, 2004 and numerous stalc.ebolders
developed an alternative to the Federal Wild and Scenic designation now known as the
South Platte Protection Plan; and
WHEREAS, the goal of the Plan is to protect and enhance the resources of the area at
the local level without federal designation, while preserving the role of the river in water
supply and maintaining sufficient flexibility in river management to accommodate
changes over time; and
WHEREAS, by the passage of this Ordinance the Agreement Establishing the South
Platte Enhancement Fund of the Denver Foundation establishes the fund as an advised
fund ; and
WHEREAS, lhe Englewood Water and Sewer Board recommended the City's
panicipation in the approval of the Agreement Establishing the South Platte
Enhancement Fund -A Donor Advised Fund of the Denver Foundation at their June I,
200S meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
F E GLEWOOD, COLORADO, AS FOLLOWS:
-1-
t
.... ..
• •
Section 1. The intergovernmental agreement establishing "The South Platte
Enhancement Fund -A Donor Advised Fund Of The Denver Foundation," a copy of
which is available at the Englewood City Clerk's Office during nonnal business hours, is
hereby accepted and approved by the Englewood City Council.
Section 2. Pursuant to Article V, Section 40, of the Englewood Home Rule
Charter, the City Council has determined that this Ordinance shall be published by
title because of its size.
.,Smiop 3. The Director of the Utilities Department is authom.ed to execute said
Agreement for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 1st day of August, 2005.
Published as a Bill for an Ordinance on the 5th day of August, 2005.
Douglas Garrett, 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, introduc:cd, read in
full, and passed on first reading on the 1st day of August. 2005.
Loucrisbia A: Ellia
-2-
t
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• •
•
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
August 1, 2005 11 a ii Englewood Schools IGA
Initiated By: Staff Source:
Parks and Recreation Jerrell Black, Director of Parks and Recreation
Gary Hultberg. Manager of Recreation
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved Arapahoe County Open Space funds for Phase 1 of the Sindair Basketball and
lnline Hockey Rink Project through the 2005 Budget process. Council has previously approved
numerous other joint use agreements with Englewood Schools.
RECOMMENDED ACTION
The Parks and Recreation Department recommends that Council adopt a bill for an ordinance
authorizing an Intergovernmental Agreement (IGA) defining joint responsibility between the City of
Englewood and Englewood Schools for care and maintenance of a Multi-Use Recreational Facility at
C_ Sinclair Middle School.
(
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Staff has negotiated with Englewood School officials to reach an agreement on a proposal that
would benefit city residents and Englewood Schools. In February 2004, City Parks and Recreation
and Public Works staff attended a special public meeting hosted by the school board to discuss a
plan for restoring the Sinclair pool site back to alternative uses. The consensus of the residents,
school and City officials was to restore the pool site area to open grass area, maintain the small
parking lot and provide a basketball court and an inline hockey rink on the existing tennis court site .
FINANCIAL IMPACT
Phase 1 funds have been approved in the 2005 Budget Phase 2 (inline hockey rink) funds will be
requested in the 2006 budget (Arapahoe Open Space Fund).
LIST OF ATTACHMENTS
Bill for an Ordinance
'
..
• •
C
ORDINANCE NO.
SERIES OF 2005
BY AUTHORITY
COUNCIL BILL NO. 36
INTRODUCED BY COUNCIL
MEMBER~~~~~-
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BN'ITlt.ED •A<JIIIRMBNT DBPININO JOINT RBSPONIJBIUl'Y,BBTWBBN
THE CITY OF ENGLEWOOD AND ENGLEWOOD SCHOOL DISTRICT' FOR
SINCI..Aa BASDT8ALL COURT AND INLINB H0CJCBY llDIK. I
WHEREAS, the parties agree on the proc:edurcs for restoring the Sinclair pool site
area back to open grass area, maintaining the small parking lot and providing a basketball
court and inline hockey rink on the existing tennis court site; and
WHEREAS, Englewood City Council approved Arapahoe County Open Space Funds
for Phase One of the Sinclair Basketball & Inline Hockey Rink project through the 2005
Budgetprocess;and
WHEREAS, Arapahoe County Open Space Funds for Phase Two (inline hockey rink)
funds will be requested in the 2006 Budget; and
WHEREAS, passage of this Ordinance will authoriu: the "Agreement Defining Joint
Responsibility Between The City of Englewood and Englewood School District;
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
entering an intergovernmental agreement entitled "Agreement Defining Joint
Responsibility Between The City Of Englewood And Englewood School District",
attached hereto u "Attachment I", which pertains to the restoration of the former
Sinclair pool site.
Section 2. The Mayor and City Clerk are authorized to execute and attest said
Intergovernmental Agreement for and on behalf of the City of Englewood.
Introduced, read in full , and passed on first reading on the 1st day of August, 2005 .
,-1-
t
:
• •
Published as a Bill for an Ordinance on the Sth day of August, 200S .
ATTEST:
Douglas Garrett, Mayor
Loucrisbia A . Ellis, City Clerk
I, Loucrisbia 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 1st day of August, 200S.
Loucrishia A. Ellit
-2-
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3. Scbedulin1 oftbe Facility dmiq ICbool boun.
IN WITNESS WHEREOF, tbe Pllrtiel ham> haw C8llled tbil A(pemllllt to be siped a
of tbe dam tint writ1a1 above.
ATl'EST:
Loucrilbia A. Ellia, City Ciak
Cll'Y 01' ENGLEWOOD, COLORADO
• ,mmicipel carpandm
By:
TJde:
Douglas Garrett
)layor
ENGLEWOOD SCHOOLS
Br,~~
Name: _Narr---=-~---=--------------~
' Tade: Pnaidentr Board .of UucaUon
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..... .. .. . .. ,
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.,
COUNCIL COMMUNICATION
Date: Agenda Item: Subject
August 1, 2005 11 a iii MOU with the Colorado Bureau of Investigation
Re : Violent Criminal Apprehension Program (ViCAP)
Initiated By: Staff Source:
Department of Safety Services Commander Byron Wicks
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The previously signed Memorandum of Understanding (MOU) has been reworded and updated to
reflect the current agreement between the City of Englewood Department of Safety Services and
the Colorado Bureau of Investigation regarding the ViCAP Program.
RECOMMENDED ACTION
The Department of Safety Services recommends City Council adopt a bill for an ordinance
approving the terms of the current Memorandum of Understanding with the Colorado Bureau of
Investigations concerning the Violent Criminal Apprehension Program (ViCAP).
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The ViCAP mission is to facilitate cooperation, communication, an d coordination between law
enforcement agencies and provide support in their efforts to investigate, identify, track, apprehend,
and prosecute violent serial offenders.
D evelo ped by the Federal Bureau of Investigations in 1985, ViCAP is a state-of-the-art behavior·
based cri me analysis tool which has been designed and structured to address violent crime
problems impacting law enforcement agencies. It is available free of charge to any agency willing
to become a part of th is effecti e network of crime analysis . ViCAP will allow law enforcement
agencies to collect. collate, and analyze their own violent crime information on a local level and to
a is t in identifying similar cases on a regional, state, or national basis. It enhances crime analysis for
specific , iolent cri mes including solved and unsolved homicides, missing persons, unidentified
bodies. and e assa ults.
The old iCAP program was run by the FBI . The current program is run by the Colorado Bureau of
Investiga tions (CBI).
All necessary software has been recei ed. Two operators, Rosemary Buckley and Stan Eastin, have
alread been trained on the program. Two detectives will be attending subsequent training
rega rd ing u e and input of data.
The S) tern is re dy to u e as soon as the Memorandum of Understanding is signed and delivered.
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FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Letters from the Colorado Department of Public Safety, Colorado Bureau of Investigations dated
May 1 7, 2005, June 3, 2005 and June 7, 2005
ViCAP Brochure
Bill for an Ordinance
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COLORADO
DEPi\RTIIENT
OF PUBLIC SAFETY
Englewood Police Department
Attn: Sergcmt Scheider
3615 South E1ali. Street
Englewood, co 80110
Dear Sergeant Scheider:
May 17, 2005
The Colorado Bureau of Investigation in partnership with the Federal Bureau oflnveatigaaon is excited to
announce tho reinttoduction of ViCAP in Colorado. The Violent Criminal Apprebcmion Propam.
developed by tho FBI in 1985 is a stam of the art bebavior-baNd crime ma1ysis tool. which ha bem
designed and muctured to address violent crime problrma impaning law mfarcrmem agencies. The
ViCAP progran is available to your agency me of charge whm you agree to become part of this effective
network of crime analysis.
Enclosed with this letter is a brochure that explains the ViCAP l)'Sblm, a wdl • the mirrirnmn symm
requirements for a computa" to nm du, ViCAP software. Abo included is a web enabling request fonn.
Upon your decision to participare in. this prosram, pleale fill oat die l9C(llllt fbrm and mail or m it to the
address listed at the bottDm of the fonn. Upon our receipt of the web mabliDa fixm, tbemamla.-y
to begin set up on your compulm symm will be mailod to yea.
Thae are training sessions available to your agency to belp wi1h tbe let up-ruse oftbe ViCAP symm.
Training dates are scheduled mombly and sip up will be on a 6m coma 6m served basis. Jn llilliticm to
training. personnel in the Colorado Burem of Investiption ViCAP office are anillble to -your
questions, Monday through Friday 8am-5pm. Should you be Udllllaaed in tbrtbarinbmmon, plma call lo
schedule a ViCAP presentation at your agency . You can comact the Colorado Bunm of InwsripbODI
ViCAP Office at (303) 239-5764.
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COLORADO
DEPARTMENT
OF PUBLIC SAFETY
Englewood Police Depanment
Sergeant Tom ~beider
361 S South Ellli Street
Ensiewood, CO 80110
Dear Tom:
June 3, 200S
Em:losed is a Memorandum of Understanding between your aaenc:y and the Colorado &r.i of
Investigation VICAP Of!ice. This doauncnt ser,,es u the asreemeut bctwem the two 1amcia Oii lUIJlroua
issues n,prdios the ViCAP prosram such u point of comact, teclmica1 assiscaace, mnfldentj,tity, etc.
Your aaency may previously have sigmd a Memonndum ofUndentandina widi the Coloredo Burau of
lavestiptioa VICAP Office, bowewr, it bu hem reworded and the izdbrmllion updated ID n6c:t the advaoaments of the pl'OSrml.
Please read this memorandum carelblly, sip and date et the bottom, and retum the oripial ID daeColondo
Bureau of!uvesziplion, VICAP Office u 900D u poaible. Pleae 1D1i1 tbe sipcd Mcmonmdum to tbe following address :
Colondo&nmof~
Aun: J4llllilr Dunca
710 Kiplina Slnllt, Suite 200
Dmv.-, CO 8021'
Should you have questiom or concerns rqardiag tbe enclosure or tbe VICAP prosram, please COlltllCl
Jamifer Dwx:u in the VICAP Office et J0J.2J9-S764.
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-..... ·~J'-------------.. CL~--••••• ViCAP Features A Timeless Tool
• FREE OF CHARGE
• Web enabled venion
• User-friendly computer system
• Point and click data retrieval
• Computerized form
• In-house data analysis
• Automated reports, charts and
graphs
• Comprehensive query capability
• Plans for growth and enlwicement
• Download data into matrix format
• Scan images and associate them
with a particular case
:ontact CBI to obtain your free
ViCAP software and begin
1,artici1,ating in this beneficial
program.
For answers to frequently
skcd questions, visit our website
at
www.cbi.state.co.us
lo Ibl Present, SoMng JIit PM
VICAP cortlnues to be used to solve crimes from
the past . In 1989 lnvesligltors from Pennsylvania
entered a case frJ!!l 1951 Into the VICAP
databale. In this case, a man was found guilty of
murdering a young girt. Nol long after, Investigators
from Illinois entered an UIIIOlved case from 1957, In
which an eight year old glr1 was murdered. VICAP
analysts IIClllced slmllarltles In the two CIIINIS. Due
to the9e slmllarftles and olfler' nllated evidence,
deleatlv• In lllnols were able to IOlve a crime that
OCCUfflld almolt 40 yNrS ago and llnally l'8IOlve a
tentble mystery for the pannts.
Recently (05l2004), VICAP analysts malched thrN
Flortda milllng persons to unldentllled dead C8IN
baled on pllyslcal delcrtpllons and vef1fled by DNA
comp111tsons.
from E@t IP Well
VICAP lllliltecl In another case that llnked un-
solved crimes separated by 3000 miles. In Novem-
ber, 111117, a Norwegian National was last seen In
New Yortl City. Foreign law enforcement penonnel
submitted the case to VICAP . The assigned analyat
saw that later In the same month In 11187, a body
was found In California , a case that was never
solved. However through VICAP'l lllllllance,
Investigators compared dental records and
discovered that the body found In ClllfGfnla WIS
that of the mM llll Nll'I In New Yortl.
Similarly, a Key Well, Flortda murdenlr, an avid
cheu player, was talking In jal abcM a Welt coat
murder he committed. The C8l8 lnwlved a
homosexual, who WU but to dNII wlh I baetlllll
tat. A SNR:11 of the VICAP ayllam localed the
exaa case. It was C01..-.mec1 that he committed the
Welt coat murder~ a DNA oomparllon of a
cigarllle butl found In the holel room IIU'dlr •·
Alao, a chNI piece was localed at the IIU'dlr •·
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Vi CAP: ·Violent
Criminal
Apprehensi
1
on Progra1n
Colorado Department of
Public Safety
Colorado Bureau of
Investigation
Jennifer Duncan
Lee Crookston
VICAP Coordinators
710 Kipling Street, Suite 200
Denver, co 80215
303-239-5764
vic:apOcdpe .ltate .co .ua
www.cbi.ltate .co .ua
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The ViCAP Mission
The ViCAP mission is to facilitate cooperation, communication, and coordination between
law enforcement agencies and provide support in their efforts to investigate, identify, track,
apprehend , and prosecute violent serial offe11ders .
••••• ViCAP History
Developed by the FBI in 1985, ViCAP is a state-of-the-art behavior-based crime analysis tool
which has been designed and structured to address violent crime problems impacting law
enforcement agencies . It is available free of charge to any agency willing to become a part of
this effective network of crime analysis . ViCAP will enable law enforcement agencies to
collect, collate, and analyze their own violent crime information on a local level, and to
assist in identifying similar cases on a region-1, state, or national basis .
•••••
ViCAP System
The system consists of a revised ViCAP Crime Analysis ~rt Form and a user friendly
computer program designed for application on a Pentium-based computer equipped with a
CD d1ive, Windows 9~, Windows 98, Windows NT or 2000, and internet access. It
enhances crime analysis for specific violent crimes, including solved and unsolved
homicides , missing persons, unidentified bodies, and sex usaults.
•••••
ViCAP 011eration
Vi CAP operates on the web in an agency 's major crimes or crime analysis unit and
supp orts the agency 's abili ty to track violent crimes as well as to complete detailed analyses
of the se crimes . From a wider perspective, it enables agencies to upload their case data to
ViCAP and to participate in a statewide or national comparison of cues and crime trends .
In ve stigati ve, administrative, and behavior-oriented data concerning a specific violent crime is
1:nt ered into the ViCAP database to find information with whatever combination or
se qu ence of da ta is needed to complete a required task .
The co ll ec ted info rmation that meets FBI ViCAP criteria will be securely downloaded to the
ational Center for the Analysis of Violent Crime (NCAVC) ViCAP program, via a special
ViC AP cap ability of the Law Enforcement Officers (LEO) online program.
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• •••• ViCAP Callabilities
Case Management
The ViCAP program am help your agency by
tracking the following :
• Vehicles
• Homicide Victims
• Suspcw
• Evidence
• Modus Operandi
• CalllC of Death
• Missing Pcnoas
• Uoidcotifiecl Bodies
ViCAP doesn't retire, 811d ViCAP doc:m't forget,
therefore it am serve as the institutional memory
for your qeocy during personnel tumavcr .
Administration
Many administration functioos can be pcrfonned
with the ViCAP system as well. Some of UIOSC
capabilities an::
• Identifies 811d c:bans violent crime
trcDdl
• Identifies 811d graphs violeot crime
paltCnlS
• Prqluea reports by preciDct. district, or
regionll area
• C4Ulpletcs graphs designed for use by
local agmcies
• Crealcs your own agency dllabasc for
violcot crimes
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C
(
ORDINANCE NO .
SERIES OF 2005
BY AUTHORITY
A BILL FOR
•
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COUNCIi. BILL NO. 37 :
INTRODUCED BY COUNCIL
MEMBER~~~~~-
AN ORDINANCE AUTHORIZING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE COLORADO BUREAU OF INVESTIGATION AND THE CITY 1
OF ENGLEWOOD, COLORADO PERTAINING TO THE VIOLENT CRIMINAL
APPREHENSION PROGRAM (ViCAP).
WHEREAS, the previous signed Memorandum of Understanding (MOU) has been
reworded and updated to reflect current agreement between the City of Englewood
and the Colorado Bureau of Investigations regarding the Violent Criminal
Apprehension Program (ViCAP) program; and
WHEREAS, ViCAP is to facilitate cooperation, communication and coordination
between law enforcement agencies and provide support in their efforts to investigate,
identify, track, apprehend and prosecute violent serial offenders; and
WHEREAS, in 1985 the Federal Bureau of Investigations developed and ran the
ViCAP program; however, the current program is run by the Colorado Bureau of
Investigations (CBI); and
WHEREAS, the ViCAP program is the state-of-the-art behavior-based crime
analysis tool which has been designed and structured to address violent crime problems
impacting law enforcement agencies; and
WHEREAS, ViCAP is available free of charge to any agency willing to become a
part of this effective network of crime analysis; and
WHEREAS, ViCAP will allow law enforcement agencies to collect, collate and
analyze their own violent crime information on a local level and to assist in
identifying similar cases on a regional, state or national basis; enhancing crime
analysis for specific violent crimes, including solved and unsolved homicides, missing
persons, unidentified bodies and sex assaults;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Section I . The City Council of the City of Englewood, Colorado hereby
authorizes the Memorandum of Understanding between the Colorado Bureau of
Investigation and the City of Englewood , Colorado pertaining to the Violent criminal
Apprehension Program (ViCAP), a copy of which is marked as "Exhibit A" and
attached hereto .
Section 2. The City Manager is hereby authorized to sign said Memorandum of
Understanding between the Colorado Bureau of Investigation and the City of
Englewood , Colorado pertaining to the Violent criminal Apprehension Program
(Vi CA P) on behalf of the City of Englewood .
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Introduced, read in full, and passed on first reading on the 1st day of August, 2005 .
Published as a Bill for an Ordinance on the 5th day of August, 2005.
Douglas Garrett, 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 1st day of August, 2005.
Loucrishia A. Ellis
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COLORADO
DEPARTMENT
OF PUBLIC SAFETY
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MEMOR..\.."lDUM OF UNDERSTA1"IDING
Betweeadae
Colorado Bureau of Investigation
uddae
Englewood Police Department
Purpose:
To establish a working framework between the Colorado Bureau of Investigation (CBI),
and Englewood Police Department (the law enforcement agency, abbreviated LEA), in
order to coordinate the collection analysis, and dissemination of information relating to
violent crimes within the respective jurisdiction and the timely forwarding of
information collected by the LEA via the ViCAP Crime Analysis Report form to the
CBL Both the LEA and the CBI share the common goal of identifying pattems and/or
similarities among violent crimes, which have been committed by the same offcnder(s),
and reported to the respective programs. This information will be used to tacilitab: and
coordinate investigative interactions within and between agencies and jurisdiction
victimized by the same offcndct(s). By accomplishing this goal the solution of these
crimes can be greatly enhanced by pooling the resources and information of what would
most probably be and remain independent. pual.lel. and separate investigations
altogether.
Articles:
A. Acknowledgment and Limitation of Relatioasla.ip of tbe Law Enforcement
Agency to the Color:ulo Ban:aa of Iavestiptioa ViC.\P Office.
-· The LEA acknowledges the CBI as the most lo!Pc::tl resource ro idemiiy ?llff=IJS 3Dd/or
similarities among violent crimi:s which occur in and around the Swe oiC.>IOl':ldo. The
CBI will r.liwe submissions jom Colorado law .:nfurc=ncm 3PCies wishing :o
inc!ude :heir data in the CBI Jat:lbase. The C3I will serve as the point oi comae: rorthe
ViC.\P program in Color.Mio. :md JS~ liaison bctwce:i LE..\s and :he F3f3 ViCA.P
program. [n IID instanc:: wiil .he CBI deny :my request for direct scr.-1c:: or :wistanc::
wluch it is authorized by swutc to provide to :my law enrbrci:ment agency. The LEA
may unlize ViCA.P the software program for whatever administrative, investigative, :md
reporting process it deems necessary to c:nhanc:: its ability to address violent crime issues
impacting its jurisdiction. -~ -l<lm,g--~ :i.-. :-.Oi021$4135
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B. Data Collection Instrument
a
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The LEA agrees to use the web-based ViCAP Crime Analysis Report Form which. will
serve as the nucleus of the LEA data collection instrument To that end. the CBI agrees
to provide to the LEA upon request. all software, instructions, and training necessary to
meet the LEA data collection needs. The LEA or CBI may append a supplemental
instrument to the ViCAP Crime Analysis Report form for the purpose of collecting
additional information pertinent to the analysis of violent crimes which. is deemed
necessary by the LEA or the CBI to accomplish its mission.
The CBI agrees to provide the personnel necessary to administer the program, load data,
and analyze those cases occurring within the State of Colorado. Other Colorado agencies
working with the CBI may contnbute whatever resources necessary to fulfill this
obligation.
The LEA agrees to enter all current year homicides ( open and closed), missing persons
(still missing) where foul play is suspected, and unidemiticd dead via the ViCAP web-
based program. The LEA also agrees to cntcr ViCAP rq,orts on all open homicides for
the past ten (10) years. Nothing in this memorandum of undmlanding (MOU) shall
preclude or prolubit the LEA from submitting any open cases that meet the criteria for
submission to VICAP, or any open homicide cases closed by arrest where there is a
possibility that the offender may b.ave commiucd other homicides.
The LEA assures that they will continue to enter data inlD ViCAP until SDCh time as
either party terminates this MOU. At such. time as the MOU is teuoin•rrd, all ViCAP
related materials, software, inmuctions, report booklets, etc., will be surrendered to the
CBI at the LEA's expense.
C. T ecltnical Aaistance
To facilitate tb.c: coordination and compatibility between the LEA and the CBI, the CBrs
ViCAP Office agrees to provide the appropriale 90ftware program oec:cssery to operaie
your respective program responsibilities as outlined in the MOU .
The: CBI ViCAP Office agrees to provide mis1aDce in tbe imtallarion oi tbe ViCAP
JP!)iic:uiou: traming in the sySICD to inchxie data .:nay, dllla ir.msmission, and
de:nemary inquiries.
Tne CBI agrees :o furnish continued updaJes as me system in mbmccs or modified.
LE.-\. a.grccs ,o use the most recem version oithe ViCAP softwue.
In order that Vi CAP mav coordinate tbe dissemination of current and/or iulure mbences .
software to any law ~'"orc:mem :ipncy and to secure or modify MOUs wi1h such
agenc ies. the LEA will .:nsure the software furnished to the I.EA may !IOI be reproduced.
disseminated. accessed ~ 3DY other ageDC"/ or unamborized ;,ersom wilhoul the prior
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authorization and concurrence of the CBI Director. Software conveyed to the LEA will
remain the property of the CBL
D. Timeliness of LEA submission to ViCAP
Time is of the essence in the identification of patterns and/or similarities and the possible
solution of violent crimes. Therefore. the LEA agrees to enter all crime information into
the web-based ViCAP system within five working days of the receipt of such data as
collected by the LEA. For cases meeting the FBrs criteria for submission. the CB[
ViCAP Office must be notified within the same timeftame for upload to the FBI ViCAP
database.
Cases submitted to CBI in rare instances of urgency when the LEA is not web-enabled
and trained will be handled in the following manner. The LEA will request a
transmission form from the CBI ViCAP Office and will include the complet=l form with
the submission of the LEA's photocopied case to the CBI for enay into ViCAP noting
the requested disposition. Once received by the CBI ViCAP Office. the
acknowledgement of receipt will be completed and returned to the submitting LEA.
Upon completion of case enay into ViCAP, the case will be archived with the request for
enay unless otherwise requested by the LEA If noted on the traosrnissioo form. the LEA
can request the case be (1) shredded upon completion. or (2) picked up by the LEA on a.
specified date and time.
E. Confidentiality
Both the LEA and the CBI agree that case information should be bandied in a
confidential manner and that LEA bas an expcctarioo of privaq. To that end, the
Attorney General of the United States bas ccempled the ViCAP system &om subsections
(cX3). (d). (eXl ). (eX4XG) and (H). (f) and (g) of the Privacy Act pursuant to s u.s.c.
ss2a UX:!) and (kX2).
CBI dissemination of information obtained from another agency and comained in the
ViCAP Crime Analysis Repon must be companble with the purpose and imem for which
the information was originally collect=i. Io ,ao case sbaU that intomw:ion be shared widi
any other ~on or~,, with the exc:;,tion of rqular .:mpioyees of the CBl wimout
the a::cprcssed :md informed consent of .be agc:x:y mai:iq the orii!Jl&l submission of .hat
information. In ile ~e:it of a. possible link betweci or :uooq two or more c::iacs. the
~ency aame. case investipror' i lllllDC. the .::1SC :nvestipmr' 3 teiepaane aumoer. me
agency 's c:ise number and the victim· s aame for .:ac:i ~.med QSC :nay be provided to
e:u::i ,nvestigawr involved in the ~s) in accordance wnh ;he ;,rovmons of Article F
be iow .
F. Coordination of;liotific:ltioa of Poaibfy Related Cues
The U:A shall make ao notific:irion regardin1 ;,ossibly rewed cases which bave been
subOllned to Vi CAP without tim 00tifyi111 the C3I ->i fuldinp lOd ,aumt to 3DOfy tbo
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conccrncd agencies. This requirement of notice shall aot, bo~. J;RVCnt the LEA from
subsequently notifying the concemed agencies whether or not qreemcnt exists a to the
validity of die tentative case associations. The notification is to serve u a means of
coordinating the activities of both the LEA and CBL
G. CBf/1.IA Joiat/Coordiuted Traiafa&
CBI and LEA shall provide, subject to budgetary and other resource comtrain1s. joint
and/or coordina1ed lrlining to law cnforcemmt penoaml for lbe pmpoae of advising
participants of die existence and coordination of the n:specme programs as well u their
operational requirements and benefits.
Gary Sears, City Manager
Primed Name
Signature
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ORDINANCE NO.
SERIES OF 2005
BY AUTHORITY
COUNCIL BILL NO . 14
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING TITLE 16, CHAPTER 6, SECTION 6, OF THE
ENGLEWOOD MUNICIPAL CODE 2000, WIDCH PERTAINS TO FENCES AND I
RETAINING WALLS.
WHEREAS, Phase 1 of the Unified Development Code (UDC) focused on a general
update and reformatting of City zoning regulations; and
WHEREAS, since August 2004 the Englewood Planning and Zoning Commission bas
conducted study sessions focusing on clarifying and simplifying existing regulations and
addressed permitted materials and comer lot fencing issues; and
WHEREAS, the Englewood Planning and Zoning Commission held a pubic hearing on
the proposed amendments on April S, 200S and recommends passage of this Ordinance;
and
WHEREAS, this amendment eliminates the sight distance triangle at driveway/alley
intersections which eliminates numerous nonconformities created by the Unified
Development Code; and
WHEREAS, this amendment clarifies the types and materials allowed for use in
fences; and ·
WHEREAS, the amendment clarifies the allowed location of fences in relation to the
public sidewalk.
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 amends
Title 16, Chapter 6, Section 6, of the Englewood Municipal Code 2000, to read as
follows :
16-6-6 : Fences~ and Vi-i Bllffi• Retaining Walls .
A. Purpose . The following provisions establish standards to regulate the design and
location of fences,--"9; and , ialllll Nni-Rllioiog .!lllb in a manner that
ens ures the following :
I . An attractiv e environment of safe, desirable character;
2. Reduced potential for pedestrian or traffic conflicts; and
3. Prot ection and 1CCurity for tbe owner and adjacent parcels .
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B. Applicability/Pem1it Required.
I. Applicability.
a. This Section shall apply to all new fences, wells, er 111d ~
Mfftel'ft retaining walls erected or installed after the effective date
of this Title.
b. This Section shall apply to all fences, walls, er 111d vi1IIIII l,am81'11
retaining walls existing on the effective date of this Tide.
Nonconforming fences,-wall&, and ·,i,11111 Nl'ri81'11 waining walls shall
be subject to the termination and other provisions applicable to
nonconforming structures stated in Chapter 16-9 EMC,
"Nonconformities."
~-For the purpose of this Section. the term "fence" shall also include
any visual barrier, as defined by this Title.
2. Permit and Zoning Site Plan Required .
a. Zenillg Site Pl1111 appre. al is felllHl'N fer all 11ew r-, -.'8111, er
vi111al earriera e,eetell er illlltellecl aAer Ille eA'eeti"Je llale ef thia
~ A Permit and a Zoning Site Plan review DDd approval shall be
required for:
b .
w Construction of all new fencea Of Rl:linins walls
en;cted or installed after the Effective PIie of Jhi•
Title.
Replacc;ment of more than MIIII::: twenty-five feet <w 2S') of exjstins fence,
Replacement of all or any portion of ID existing
cetainins wall ,
Altentjon or modification to the heipt. material or
location of ID existins fence or ninins wall.
Altention or modification of an uisJins fc;nce or
rell:inins wall atTcctins sipt Wf!Np,
Ze11i11g Site Pl• N ,;.,., •II appre .al ii ,._.... re, •Y 1'1111 ..... lial
alteruiene er 111,-.ie111 ef • N1111, wttA. • •Jinal Nni• ...
e1ttlll e11 Ille eA'eeti, 1 _.. ef 11m l=ill,. f• ,-, 1111 er ._
111l,1111ie11 "1wi,11Mtie1 allll'IIN• er •••••iea• m1w ,i._ (I)
Ille replaeeme111 er all ef • 1rtilllillt r.1~ Nll'Nr, er (3)
ee111pl111 repeira le • 11tt1lilla lii11Hi..W-. __. "-i1ti iMI disa Mlt
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net limited te, replaeement er releeMien ef • gale , ,eplae19111BM ef
1111 e11tiN seeffea ef fe1111 1,..,,,,ea paltl, ,eple.aemeat ef all Nllee
piekets, and ,eplaee111:ent er releeetien ef eemer er 1• fwe
pe1t1 . "CemplH repair" weuld typieally net illel.te aimple repaiN
a1111h aa replaee-t ef iRdi lidll&l pieketa, er ,epla11111111M ef peata
etlier titan eerner er 1atepe1ta. A Permit and Zoning Sjtc Plan
review are not required for simple repairs such as repWifJPFPI of
jndjyidual pickets, posts or less than twenty-five feet l25'} of
fencing material,
An applicant may apply for Zoning Site Plan approval according to
Section 16-2-9 EMC. "Zoning Site Plan Review," above.
~-M,intmance: AU fences and ooioiog walls shell be kept in e stete of good
~
C,. J?. Visibility: Sight Di.stance Triangle. The City Traffic Engineer sball determine
compliance with sight distanfC standards in connection with all permit
applications and ahall be authorized to vary these standards depending on site
conditions.
I . Street/Street Intersection Sight Distance Triangle . No fence, wallr*
etlier viall&l lleer yisual obatruction or retaioiog wall over three feet (3')
in height above JG grade of the adjacent street shall be erected, placed,
planted, or allowed to grow that obstructs the view of pedestrians on tbe
sidewalk or obstructs the traffic vision at intersections. 'Ale City lft8ie
MSilleer shell detlll'llline 1treellltNet inlerleetien lishl Mll•H lfi-sle
l'lfl\lH'8Bllllll hailed en aile aenditiw.
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2. Street/Alley Sight Distance Triangle. No fence visual obstruction gr
cmioiog wall over three feet (3~ in height above~ grade-'li.tJM:
adiacept street; or alley shall be permitted within the twenty-five foot
(25~ sight distance triangle created at the intenection of an alley and
street. Said triangle is measured from a point where the curb line and the
centerline of the alley meet The distance from this point shall be
twenty-five feet (25~ along the street clU'b line ("B") and twenty-five feet
(25') along the alley center line ("A"). The third side of the triangle ("C")
connects these two sides, creating the sight distance triangle. Figure
16-6(5) shall be used to determine cross-comer visibility at streets and
alleys.
Figure 16-6(5): Street/Alley Sight Distance ._
e•,•er IIU'ee !NI lJ'J 1B llefllll Neze ..... IMH 1111 pllftlllllea MIIIIII the M
teet ('9 1igltt lli8t8ftee ll'illllle •eatell al Ille Hllefleeliea ef • ..,...
eat,eaee IIINI alley . .Fi,-e 1, '(') shnll lie 111111 ta lletermitte Ille ·lilillility
Ill lhoi·,•n 11"9 MIi elleyn.
r----t Flpre 16-6(6): (Rl!Sl!RVED)
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~i. Driveway/Street Sight Distance Triangle. No visual obstruction over tbrcc
feet (3') in height above grade shall be permitted within the ten feel ..fill2I
(IO') sight distance triangle cn:atcd at the intcrscction of a driveway and
street Figure 16-6(7) shall be used to dctcrminc the visibility at driveways
and residential streets. When no sidewalk exists, the sight triangle shall be
determined by the City Traffic Engineer.
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Figure 16-6(7): Driveway/Street Distance Triangle
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( E)R· ~ Classificatio"! ef Pe,.ees, Wall:, """ Jlit,1111/ &,,,,,;e,.,,. A single unified
~ style fer feeees, walls, and Yi9t18l l!arfi8fll is encouraged. Classification of
fences, walls, 88d Yis11al l!arfief9 shall be as follows:
Class
I
~lass
~
Class
~
Class
4
Class
~
Class
6
Class
7
J
Masonry
Brick, stone, ill~~ly Q:Q)grcd concrete, textured concrete, smgglh m:
..... h,rM r1>nr-.. TnHnnrv nn;, (CMln Weelt; ~ or other similar material
Decorative -~ such as cast gr wrought iron, galvanized steel, aluminum
et Metal or other lks;gmtivi: metal fencing materials
Chain l~ink $tee! or aluminum. Barbed wir!: m: othm: sham wire &bill only bl: ncrmittcd ~
• · In h..lnu,
. --Wood mllmials design® specifically for ·-
Wood r..nrina --------Wood f...,..,,. m•t....;.1 o.h•II ITIH'!t FPA ......
. .
~inyl, p,lastic, or composite fence products designed specifically for fencing
Alternative ~urposcs . 88d tliat inimie tlie hiBh 111181it, matefiele ill 61Ma I, Claae :2, er Claaa . . . . . -,,,. . .. . ... . . -. , ·-. .
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Combination Combination fences shall l!e fe11ee,fr., alll, egeletie11 consistillg of two or more
materials ~nni~d ll!!'.ilhio lhi: moi: dislri1.t.
Woven Wire
$tee! or aluminum WQY!:D wire di:sjimcd fw: fl:D!.io&, Barbed m: 21hm: s~ m
~lu,11 nnlv be • nPr -F2 lv,lnw
Fmm shall bl: 1.oosuu1.ti:d 2f mati:rials 1.ustmnarily used for pq;manqrt
ftm;io11 in lhi: Denne mi:tro area and approvi:d by UK City Mana11er or
~
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~ Prohibited fence materials:
The following matc,ials ab11l be prohibited, Creosote or chromatcd
copper menate <CCA} rm,ted wood oroductp, utility poles, railroad
ties plywood-fiberboard, Mlyge wood. oorn•pkld JDCIII meet
metal, scrap or HIYlge met,1, PVC pipe, GbiGkm wire, mow fencea,
plastic weaving, or plutic slats for use in chfin link,
& Electric Fences. Electrically c:lwpd fences wu be prohibited in ,n
zone districts.
Ii! Plastic construction fencing may be used only {Of hlPW9WY
construction fencing.
Er. Ma#tlefWftee. Ml NIIHI, ••• -'liMal ...... +nil "' .,. ia n ..... er
188. NpMf. 'Ale ptep.., II-• bell lipl • .. II JWt .. 111......a,
mfrteil!I Ille r..u, W.S. er , inual 11:ftier fer tlll life el tlll -.1111 .. , wllilh
,.,1111111111 llhnll lte iael11••• • plft ef Ille ilnba Sill PIIB ilfipe ."111 wi
.re,eeahle 111111• thi1 Tille •d •• Ill a.., 1ppliNlll1 Maieip:1 ee•e
p,e·1i1i11111.
1. Permitted Fence Location, Clua, and Height by Z.onc Dislrict. It abaU be
unlawful for any person to erect a fence or for lily property owner to
allow a person to erect a fence that does not conform to the standarda
enumerated in this Section and the standarda for all zoned districts, u
described in Tables 16 6 6.a, 16 6 6.l, _. l§Af l Ilg 16-6-6.4
Nlew:
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ONT SETBACK:
-1-A
-1-8
-1-C
Solid Construction ], 4
-2-A
-2-8
. Open
onstruction
ONT SETBACK:
. Solid Construction 1 ,4
. Open Construction:
-R-3-A
-R-3-8 r--------,,---r--.......;--1
I. Residential
. Nonresidential
IDE
ETBACK/FENCES
EHIND THE
RONT
ETBACK LINE :
lid and/or Ooen
Fencca in a side yard sball not
tcrferc with or obstruct yisjbility
· · a requin,d sipt dilWICC
le.
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-1-A
-1-8
-1-C
-2-A,
-2-B,
-R-3-A,
-R-3-8
I , 2, 3, 4,
• 6
.
xcept as noted
n
dditional
cquiremcnts
U.
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A BEYOND
IS FEET OF
RONT
ROPERTY LIN
IY!!!!!!!il:!11. Rrear and side ~ l f encca
noc iptpfs wifh " obatruct
isibility Jrj11pip I gauirpl •j,W cli!'N'f,C .............. , ... .,
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t,' _,. '... f ~: •• ::.:.. • .... ,.. -•
I, 2, 3, 4, S, 12 • e,7
I, 2, 3, 4, 5, 12 • e,7
I, 2, 3, 4, S, 12 'e,7
~. Additional Fence Standards.
~. Barbed Wire.
··W Barbed wire or other ... e.1, sharp hllll ...... 11 m shall not
be erected or maintained ~in:
flt (a) Any residential, TSA, or business zone district.
~ (b) Wttltttt ~ny yard area of a property wilhin an industrial zone
district that abuts or adjoins propeny in a non-industrial zone
district.
Where allowed, barbed wire or MIIINlf m1Uriall SJSbg W wig
may be erected on permitted fences provided tbc wire or maeeria1 is
installed at leut six feet (6') above pade and doea not excood tbc
permitted fence beipt.
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~-8leelfie Feaees. 81eelfieelly eha,gecl fe11eee shaH ellly he -•4 er
1Mi11taiaM HI ilul1111Pial ee111 dillfiete. Ila n e, e,, el88MNlly e.,.N feee11
shall 11et he pe,mittecl itt a11y yllf'll -ef a prep'"' wilhitt 811 ill411e1Pial
4illkiet that ah11te er a4jeiM prepe,ty ill a 11811 ill411111Pial 4i!IIPiet.
-4:-l,J . Fe11ee, &114 Wells Geamlll Height 81aftllarii9 .
ill Height means the distance of the vertical fence surface measured
from finished grade to the top of the vertical awface.
Pmars or posts between vcrt.ical fence awfaccs may cxcccd the
maximum permitted fence height by ten percent PW,>,
ill Trellis and Gate/Entry Features, Icclli• and Gate/Entry features
may be permitted movidcd they do not exceed I height of eight feet
l8'} above grade.
&. ~ When a fence is erected on top of a retaining wall. the height of the
fence shall be measured from the top of the retaining wall.
II:-W When a fence is erected on a wall that is part of, or integral to the
fence construction, the entire structure sball be considered a Class 6
fence and shall comply with Class 6 fence height requirement.
~ Design and Location,
ill Sepvation between post1pm111 wll be a minimum of five feet <S '}.
S.. ,@ Decorative Materials. Decorative materials, includina but not
limited to tile or glass block, may be incorporated into the design of
permitted classes of fences wl w.119 upon the approval of the City
MIQlgcr or dcaigncc.
ill Fences in Easements, Fences may be permitted within cuements ,
However, the City shall not be responsible for the repair or
replacement of fences that must be removed to access such
casements ,
ill "Fences Adjacent to Public Sjdcwalk All fences wll be Joc11cd on
the owner's property but no closer than ope foot lJ '} bchiod any
public sidewalk.
ft. ~ Lighting. e11 Feaeea wl Welll. IHINrier .. 111wi1y 'l!i&htin& may
~ be installed 811 feMN 81 "HIie IJ,, ... ill •• I I 81 I 3 .........
provided such lighting is controlled by an automatic lipt level switch
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and is downcast and shielded so that light is directed into the site and
not outward toward the perimeter adjacent properties.
Fences for Swimming Pools. Please refer to the Englewood Municipal
Code for fence requirements for swimming pools.
3-. t Temporary Fences. Temporary fences for construction sites or
similar purpose shall comply with requirements of the It l;luilding
&§ode adopted by the City.
9-. feBeea HI 811e111eal8. ¥eBee1 1118) 9e pe1R1ilted Mthill eaaemeats.
He\TJ., er, the City ahall aet he r11p1111ihl1 fer the ..,.. er replaelllllllt
ef felleea that 11111et 1,e remer, eel le aeeeaa 111eh 11111111111118.
Retaining Wall Classifications.
Qdw rneacritJe PIPPP!IY YM4 P 'llliains
nil• in Ibo Dmm mecro ,-pd woyed by
Ibo City Mpp m •-
Prohibited Retaining Wan Matc;rial ·
Utility poles, railroad ties, or any creosote or CCA ttresrd m&tCJiah wll be
prohibited.
Retaining Wall Development Standards.
Retaining wans shall meet an applicable Building Code atN¥Jenk adopted by
~
Retaining wans Adjacent to Public Sidewalks, All mtaining wa11a wn be
located on the applicant's property hut no closq tba& one foot U '} behind
any public sjdewalk.
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i Ownership Waiver.
An Owner may apply to build in the City right-of-way up to the edge of the
sidewalk by signing an encroachment agreement subject to the terms and
restrictions of 11-3-4 EMC. An Owner may waive the one foot ll') restriction
of F<2Xc)l4l or H<2l by signing a waiver of damage from sidewalk repair or
replacement.
Section 2. Safety Clauses, The City Council hereby finds, determines, and
declares that this Ordinance is promulgated Wlder 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 aod welfare. The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Section 3 Sevcrability. 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 its application to
other persons or circumstances.
Section 4 . Inconsistent QnUmncq. All other Ordinances or portiona thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
re.pealed to th~ extent of such inconsistency or conflict.
Section S. Effect of n;pcal or modification, The repeal or modification of any
provision of the Code of the City of Enalewood 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 inc:um,d llDdcr such provision,
and each provision shall be treated and held u still remainina in force for the
purposes of sustaining any and all proper actiona, suits, procecdinp, and pro1CCUtions
for 1he enforcement of the penalty, forfeiture, or liability, u well u 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.
Sectjon 6 . .f.mllt)'.. The Penalty Provision of Section 1-4-1 EMC shall apply to
each and every violation of Ibis Ordinance.
Introduced, read in full, and passed on first reading on the 2nd day of May, 200S .
Published as a Bill for an Ordinance on the 6th day of May, 200S.
A Public Hearing was held on the 161
• day of May, 200S.
Read by title and amended on the 61
• day of June, 200S .
Republished in full as amended, on the 11• day of June, 200S.
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Reintroduced u amended, amended further and paucd u amended on the 11 111 day of
July, 200S.
Republished in full u amended on the 11•• day of July, on the 22nd day of July, 2005.
Reintroduced u amended and passed u amended on the 1 • day of August, 200S.
Published by title u amended u Ordinance No. __, Series of 200S, oa the Sth day of
August, 200S.
ATTEST:
Loucrisbia A. Ellis, City Clerk
I, Loucrisbia A. Ellis, City Clerk of the City of Eqlcwood, Colondo, hereby c:enify
that the above and foregoing is a true copy of the Ordinw:e. amended, rcialrocluced, and
amended, reintroduced and paucd OD final rcadiJJa and publisbcd by title U Ordinance
No . _, Scrica of 200S .
Loucrilllia A. BJlie
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COUNCIL COMMUNICATION
Date: Subject::
August 1, 2005 Parks Master Plan Contract
Initiated By: Suff Source:
Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation
Dave Lee, Manager of Open Space
COUNOL GOAL AND PRMOUS COUNCIL ACTION
Council approved funding in the 2005 Open Space Fund Budget for the Parks Master Plan.
RECOMMENDED ACTION
Staff recommends that Council approve, by motion, a contract for professional services for the
development of a Parb Master Plan.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Arapahoe County passed an open space tax in 2003. The Parks Master Plan will help guide the
department in the future use of open space land acquisitions, infrastructure maintenance, and
capital impmvements.
A request for proposal for a Parks Master Plan was issued and 11 responses were received. Staff
revi ewed qualifications from the 11 submittals and interviewed six firms. Staff selected EDAW, Inc.
of Fort Collins because they were the most qualified based on their presentation and past
experience in master planning. Their fee structure was comparable to those received from the
o ther submittals. '
FINANCIAL IMPACT
Funds for the Parks Mas ter Plan w e re budgeted for the project in the 2005 Open Space Fund. The
e stimated cost to compl e te th e Parks Master Plan is $74,965.
LIST OF ATTACHMENTS
Parks M a ster Plan Contract
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CONTRACT FOR PROFESSIONAL SERVICES
CITY OF ENGLEWOOD, COLORADO
. TiilS CONTRACT and agreement. made and entered into this day of 2005 by and
· between the City of En1lewood. a municipal corporation of the ~ate of Colorado hereinafter
refened to as the "City , party of the first part, and EDAW Inc. 240 E. Mountain Ave .. Fort
CoWm, CO 80524 hereinafter referred to as the "Consultant", party of the second part, for the
following:
PROJECT : Parks Master Plan
WHEREAS, a proposal has been received by the Mayor and City Council and have been certified
by the Director of Parks & Recreation to the Mayor and City Council with a recommendation
that a contract for said work be awarded to the above named Consultant, and
WHEREAS, pursuant to said recommendation the Contract has been awarded to the above
named Consultant by the Mayor and City Council and said Consultant is now willing and able to
perform said work in accordance with the proposal.
NOW THEREFORE, in consideration of the compensation to be paid the Contract. the mutual
agreements hereinafter contained are subject the terms hereinafter stated:
A. Contract Ooc~ents: It is a21"Ced by the parties hereto that the following list of
instruments, wings and d"'ocuments wliich arc attached hereto, bound herewith or
incorpor.ited herein by reference constitute and slulll 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 arc as full y a pnn of this Agreement as if they were set out verbatim
and in full herein :
Proposal from EDA W dated May 16, 2005(by reference)
Agreement (this instrument)
Project Fee Estimate Sheet (attached)
8 . Citv Obligations . Confidcn%alitv : The C ity shall provide Consultant with reports
and such other data as may c available to the City and reasonably required bv
Consultant to perform hereunder . No project inform:ition shall be disclosed bv
Consultant to third panics without prior written consent of the City or pursuant to a
lawful Coun Order directing such disclosure. All documents provided by the City to
Consultant shall be returned to the City. Consultant is authonzcd by the City to
retain copies of such data and materials at Consultant's expense. Excluded from
confidentiality is information in the public domain, which comes into the public
domain or was previously known by the Consultant.
C. Scope of Sroices: The Consultant agrees to and shall furnish labor, t~~ supplies,
equipment, materials and everything necessary for and requiffll to do, pcnonn and
complete the work described. drawn, set forth. shown and included in attached
Proposal .
D. Indemni1}fftion : The Consultant agrees to indemnify and hold bannless the City,
and its o cers and its employees, from ant against :ill liability, claims, demands,
and c:."tpcnses, includini coun costs and atto~ fees, on acCOUIII of any bodily
injury, loss. or damage to tangible property, which ariJC out of or are in :my manner
coMected with the work to be performed Wldcr this Agreemau. if such injury, loss,
or damage is caused by the ncgliiient .act of omission, error or JJrofessionaJ error, of
the Consultant. \lily subcontractor of the Consultant, or any officer, employee, or
agent of the Consultant . The oblipiions of this Section D. sball no1 apply to
damages which the C ity shall become liable 10 pay a third party u the result of the
ncgligct1t !let or omission. emir, professional error, miswte, accident. or ocher fawt
of ihe City of Englewood.
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E. T~Perfonnance: The Consultant agrees to undertake the performance of the
wocr this Amendment to Contract within ten (10) days from being notified to
commence work by the Director of Parks and Recreation and agrees to fully
complete said work in coordination with the conttleton schedule, plus such
extension or eittensions of time as may be granted by the Director of Parks and
Recreation.
F. Own;ahjp of Wox~uct: Upon pa~ to Consultanl punuam to this
Alll'CffllCllt. all wo ta, drawmp. dcsips, plans, rq,ons, computer programs
(non-proprietary), computer input and output, analyses, maps, or any other materials
developed for this project arc and shall be the sole and exclusive property of the
City. However, any reuse of the documents or use of doc:umaus not COl!!Plcted for
the intended purpose b.Y. the City without prior written authorization by Consultant
other than for the specific intended puq,osc of this A~ will be at the City's
sole risk. The Consultant will proV1de the City with a ten ( 10) day written notice
prior to disposal of project documents it has retained during which time the City may
take physical possession of same at the storage site.
G . 'ti: ~ Paw~: The City agrees to pay the Consultant for the performance of all
wo requ · under this Agreement, and the Consultanl qrees to accept as its
full and only compensation therefore, such sum or sums of money as may 6c proper
in accordance with the price or !)rices set forth in the Consultant's fee scbcduie
bcrcto attached and made a part hereof, the total estimated cost thereof DO( to e.,cecd
Seveaty foar tHaSalld Dille laudred sixty five doDan ($74,965)
H. ~p~ation. of fwxb.: At present. (S7~965} has been appropriated f~r the project.
otw1 tanding anythinJ contained ID this .\srcemcm 10 the comrary, 1n the event
no funds or insutlic1ent tunds arc appropriated and budgeted bv the gov~ body
or arc otherwise unavailable by any means whatsocVer ID anv t'ollowmg fiscal period
for which appropriations were received without ~ty or expense except as to those
ponions of the Agreement or other amounts herein for which funds have :ilre:ldv
been appropriated or arc otherwise available. •
The City sh.all 11nmediately notify EDAW . Inc . or its assignee of such occunence in
the e,·cnt of such tcrnunat'lon .
All work accomplished by the Consultant prior to the date oi uch tcmunation shall
be recorded and tangible work documents ;hall be transferred 10 and become the sole
propeny of the Ciry prior to payment for services rendered.
I. E:!tQCt fiindina: It is agreed that this Contract shall be binding on and inure to the
· efit o the panics hereto, their heirs. executors. administralors. assip, and
successors .
J. Law~ to ~ Observ~ The Consultant shall be cognizant of all applicable Fedcnll
and tate aws and ocal ordinances and rqulalions which in any manner affect
those engaged or employed in the work or which in any way affect the conduct of the
work. aoo of all sucll orders and dCCReS of bodies or tribunals havina any
jurisdiction or authority over the same, and shall at all times observe and comply
with all such applicable existing laws, ordinances, ~om, and decrees. and mall
protect and indemnify the City a~ ilDY claim or liability arisiq solely from or
based solely on the negliKffit or willful violations of any such law, ordinance,
regulation. whether by itself. its subconsultallls, aaam or employees u a result of
the negligence of the ConsultlUlt . Lcpl interpretations wU be provided by the
City's anomey.
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K. 1!rei°!9on and ~ignment of Contract: The Consultant wamuus that it has not
emp oy or retain any company or person, other than a bona tide employee
working solely for it, to solicit or secure this contract, and that it bu not paid or
agreed to pay any company or person, other than bona tide employees woricina solely
for the Consultant, any fee, commission, ~entage. brokerage fee, gifts. or any other
consideration, contingent upon or resulting from the award or making of this coruract.
For breach or violation of this warranty, tile City will have the right to annul this
contract without liability, or, in its discretion to deduct from the contract price or
consideration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee .
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It is the intent hereunder to secure the personal services oftt,~ Consultant, in manner
aforesaid, and this Agreement shall not be assigned, sublet or transferred without the
consent, in writing of the City.
~~ew~ -~ts: During all phases of the work and services to be provier e o tant agrees to establish a working office at a place
agreeable to the City, and ~t duly authorized agents and employees of the City to
enter the Consultant 's offices for the_pwpose of inspections, reviews and audits
during the normal working hours. Revfews may also be accomplished at meetings
that are arranged at mutualfy agreeable times and places.
Consult:uu and its subconsult:uus shall maintain all books, documents, papers,
accounting records and other evidence ~ng to cost incurred and shall make
such materials available at their respecnve offices at all re:isonable times during the
contract period and for three years from the date of final payment under the contract.
for i~tion bv the City, or any authorized representatives of the City, and copies
thereat shall be "furnished if requested.
~onsultant shall comply with applicable desigp provisions oflaws,
codes and ~ations in force as of the date of this Agreement using
current engineering intetp_retation, but Consultant shall not be
res~nsiblc or liable for changes to, operational aspectS, i>r future
differing intC:!J)relations of such laws. codes or regulations or for .:hanged
use of the facilny.
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Consultant shall not be responsible for the means, methods or scheduling of
construction or for construction safety.
Consultant assumes no responsib~n';' liability relatina to any hazardous
substances on the Project site incl its existence, removal, tnnsportation,
or disposal . The City at its cost shall lie responsible for analysis, design.
removal, remediation or other action related to any asbestos or hazardous
substanc es.
The co nsu ltant represents that the services shall be performed in manner
co ns istent wi th that level of care and slcill ordinarily exercised by other
professional consultants under similar circumstances .
lbis Agreement is intended solely for the benefit of the ~es hereto .
Nothing herein expressed or implied is intended to or shall be construed to
confer upon. gi ve or create to any person or entity other than the paajes hereto
any right, duty , benefit, interest, remedy, standard of care or c:iuse of action.
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IN WITNESS WHEREOF, the parties have caused ~ to be siped J*IOaally or by
their duly aurbori7.ed officers or ap:ma and their seals lffixed 111d duJy lllmted' tbe ciaylDd year first above written.
.. This Contract ia c:ucuted in 3 c:ounterpartJ.
CITY OF ENGLEWOOD
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Englewood Parks Master Plan Scope of Services
EDAW
Task l -Project Start-Up
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It is essential to clearly establish, at the very outSct of the plannin11 effort, an understanding of
what the plan will accomplish and identify the respective responsibilities between the staff and
the consultant team. Upon notification to proceed, key members of the project team will
coordinate with City staff to refme the proposed scope of work, collect data, set key meetin11
dates and identify preliminary issue =s. A final scope of work and schedule will be prepared.
Task 1 Products
• Schedule
• Final Scope of Work
Task 2 -Team Communication and Public Involvement Process
2.1 Staff/ Tecbnic:al Advisory Committee
The planning process will be supported through workina meetings with a core group of City staff.
These meetings will occur every ~ to 8 weeks, and may include other City departments and
affected agencies at strategic points. including the school district, South Suburban. Urban
Drainage or other potentially interested panics. This iiroup will ensure coordination between the
various agencies and will provide technical assistance to the data collection and analysis phases.
We envision 5 staff meetings during the project and frequent progress conference calls with the
City's project manager for the project.
2.2 Parks Staff Group ~eeting
The core staff group will assemble key s:atT members for a presentation on the planning purpose,
process and schedule. K.:y issu~. ~om:ems and desired outcomes will be identified. as well as
contacts for obtaining additional information through the process.
2.3 Parks and Recreation Commission
We will work with the Parks and Recre3tion Commission in tl!Re workshops during the course of
the project: during the inventory phase. prior to implementation of the survey; a second when
preliminary recommendations are being developed: and a third for adoption oftbe pre ferred plan
recommendations.
2.4 Special Interest Group Interviews
We will conduct interviews with representative of up to 16 interest aroups to document their use
of facilities , opinions on quality of the facilities and programs, and if they provide programs, the
participation rates and trends for their specific programs. This task is discussed in more detail in
Task 4 .
2.:5 Public Open Houses
We propose to host two public open houses that will feature visual information about the proj~t
and provide multiple ways for people 10 offer their comments and sugpstions. We envision two-
hour ,:ventS : one during the inventory and needs asscssmen1 phase. and one when preliminary
recommendations are b.:ina formulated. The events should be well publicized. with City staff
sending individual notification to known io1erested parties and 011:miz:uiona. Members of City
staff and th~ Parks and R.:cre3tion Commission should be on hand to inter:11:t with participants .
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The planning team will facilitate the events with staff and provide graphics and technical
materials for the events.
2.6 Caltural aad Arts Commission
We will meet with the Cultural and Arts Commission once durin& the plannin& process to update
them and receive input on integration of cultural programs and the arts into public pub and open
space.
2. 7 City Web Site aad ~ews Media )laterials
We will provide City staff with materials to be po!!ed to the web site or included in articles in the
newspaper or on the radio.
2.8 City Council )leeda&
The plan will be presented to City Council durin& two worksessions : one in progress, and one for
adoption as an element of the Comprehensive Plan .
Task 2 Products
• Meeting Agendas
• Presentation Graphics
• Meeting Minutes
Task 3 -Inventory
This task involves data collection and documenting the existing policy fr:imework. assets and
recreational opportunities in Englewood and surrounding area. and 35sessing the condition of
existing parks and facilities. We routinely use :i GIS mapping structure. and will incorporate
:inalysis dam into the layers 35 we progress through the project. A summary of recommended
improvements to e:ich property can be linked to this dat:i base for Cl!SY retrieval .
3.1 Exisdng Plans. Reports :and Studies
A review of other plans and policies rel:ited to the provision of parks. recreation :ind trails will be
perform~d in this task . The City's e."tisting Recreational Demand Study :ind Comprehensive Plan
will be reviewed. as well as program brochures, the South Plane Open Space Corridor Plan and
other documents provided by Englewood. The cxistin& policy fr.imeworlt in these documents
related to the provision of parks :ind recreation in the City will be summarized, and will be the
basis for the development of more specific goals and policies for this plan. We will ensure that
th is plan and the City Comprehensive Plan contain consistent lanauaae and a mutual vision.
3.2 Exisdng City Parks, Recreadon Amealdes, Opea Space aad Trails
The City will provide available inventory data for existing pub and recreational facilities .
ED A W landsc:ipe :irchitects will visit and photograph all the City parks and recreational facilities
with P:irlcs staff, and prepare an assessment of their existing condition, potential contribution to
th e overall park s sy stem and potential for enhancements or renovations . Improvements to the
parks that could be m:ide to improve their maintenance, accessibility, safety, aesthetic quality, ·
func ti onality and .:nvironmental sust:iinability will be documented on worltin& base maps and in
note s form for later reference when developing concepts for improvemaus.
The park sites will be mapped. along with trails and open :1pacc connectiona to documen1 the
current ci ty system . The inventory will be compiled into tables and sllllllDArizcd in text Access
to basic ne ighborhood amenities such 35 playsrowid :ire:is, walkin& padll and open. multi·
purpose turf ll'Cas wi ll be noted . :is well 35 the quantity of specific recreational l'lcilities :1ucb :is
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basketball courts. tennis courts, ball fields, in-line hockey rinks, skate parlcs, etc. Barrim to
accessing nearby parlcs (e.g. major roads, rail.roads, rivers, disc:onnecled road systems) will be
identified, and initial ideas on improving these conditions noted.
One of the aspects of this tuk is 10 dercrmine the role that each parlt plays in the community. Is it
a neighborhood park. community park. sports complex, regional parlt or natural an:a/grecnway?
This is often an ircr:itive process with the formulation of definitions and level of service SlaDdards
for the various parlt classifications. E.,isting parlt clusifications will be reviewed and slalldards
developed that mesh with the City's vision for each parlt to ensure that the asset is providiq the
surrounding neighborhoods and the City with appropriate opportunities for leisure-time activities .
The distribution and service areas for c:ic:h developed parlt will be mapped, and the e.,istin& level
of service that the City is currently providing for various parlt types in each area of the City will
be documented. This will be done Illini current census tract data, Traffic Analysis Zones
(TAZ's) or other area deline:itions that :illow for more detailed population counts and projections
by area of the city. This is discussed further in Task 4.
3.J Other Jurlsdlctloas, Parks, Recreadoa FacWdes 1111d Trails
This phase of the inventory is conccmcd with resources provided by other jurisdictions. which
potentially intluence the level of service required from the City . As :m example, adjacent
communities and special districts such as South Suburban. and the school <llitrict pl.1y a role in
meeting the outdoor recreation demands of City and area residents . We will interview
Englewood Recreation, South Suburban. and School District staff to document the use of non-
City facilities by Englewood residents. These will be described in the text of the report .
3.4 Po1eadal Park ;and Recreadoaal Resources
This task is concerned identifying opportunities that exist to improve the level of service in
underservcd areas. or to ~apitalize upon open space or land resoun:es that have possibilities to
enhance the outdoor recreation environment in En&Jewood, including pcdcstri&111bicycli:il
connections . Site visits will be made to promising areas, and a photographic record will be
maintained.
Data that we consider important to our 3Dalysis include:
• V ac:int lands
• Public lands that are undergoing transitions
• Private lands that are likely 10 redevelop
• Historic :md cultural =oun:cs
• Open space corridor,
• lnfrastrucrurc improvement projects that may involve :i chan1e in land use, trail corridor, or
pcdcstri:llllbike .enhancements
The Co mmunity Development Dcparttnent and Public Works Depu,mcnt will provide insi&ht
into planned or potential projects that may influence the need for parks. or that have the potential
to acco mmodale parltlands or recrational amenities . A .:omposirc map :ihowin& oppoffllllities
will be developed usin& :iv:iilable di&ital information &om the City or ocher sources . We .are very
familiar with the availability of aerial photoaraphy and resoun:e data nationwide and c:in euily
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incorporate the latest resource mapping into the databue. The maps will be used durin& the
course of the plaMing process to understand the availability of land resources for parks and trails.
Task 3 Products
• Summary Memorandum of Inventory and Analysis, includina Tables, Graphs and Maps
Task .:I -Needs Assessment
A needs assessment for parks, open space, facilities and recreational proamna will be conducted
to determine the benefits to and demand for services from cWTCDt and funire residents. The needs
assessment, in association with the inventory of existing facilities. will hi&hJi&ht potential areas of
shortfall or oversupply, which in tum will &ive direction to the muter plannina process.
Identifying levels of satisfaction, perceptions. use patterns and priorities for recreational proarams
and facilities through cC1ntact with the user public will be an important pan of this process.
4.1 Community Survey
A statistically valid survey is recommended to understand aver:iae City residents' perceptions,
use patterns and priorities for recre3tional programs and facilities . Most residents do not
panicipate in organized recreation programs or 3nend public meetinp. A survey .allows us to
capnuc the silent majority's opinions and recreational piefemices. A statewide survey was
recently conducted for the SCORP plBMing process and c3n supplement the date gener:ited from
the City survey.
We will conduct .a mail survey to 2000 Englewood household with the anticipation of receivin& ::t
le:ist 300 responses. which will be accurate to .a 9S% .:onfidence level. ~-So/o. Three hundred
surveys will .allow for cross-tabulating some responses to isolate the opinions of ,specific aae
groups, recre.ation users or other pertinent groupina of the population.
The survey will provide a baseline of use of parks in ea.ch nei&hborhood. recreation preferences
.and activities, an indication of the level of support in the community for existina or new facilities
and pcrcei\"ed needs. and may include questions on the willingness to pay for impro,·ements ,>r
new construction.
The survey respondents will be randomly selected using statistically valid techniques to Cllllure
that the results are accurate and defensible. EDA W will be responsible for the daip1 of the
survey and questions to be asked. Left Brain Concepu, from Lakewood. Colorado will be ,
responsible for the implementation .and report summary.
4.2 City and '.lion-profit Or:anlzadons Prosram P:artlclpadon ud latenst Groap
Interviews
In :iddition to the information that members of'tbe CAC, public ;ind P3rks and Recreation
Commission contribute, City parks and recreation :itaffwill provide information on bow .:ach of
the park facilities is programmed. participation rates and trends in City-sponsored proanms and
issues with scheduling and maintaining txisting resources. City :staff will also provide proarmn
participation and facility use data for non-profit and other recreation providers in the City. The
City will provide EDA W with a list of up to 10 people. includin& City recreation :Jupffl;ison or
representatives of private groups to contact in person to understand their satisfaction levels widl
existing facilit ies .and recrc3tion opportunities, and other issues or concerns they may have .
These groups will include. but :ire not limited to, youth ;ind :idult:
• Softball
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• Lacrosse
• Fishin&
• Baseball
• Soccer
• Foolball
• Bicycling
• Fitness
• Trails
• Seniors aroups
• Audubon / Birdwatchin& Societies
• School Disttict lntranuual and After School Recreationileisure Proarams
• Daycare or latchkey kids camps
• Other identified aroups in En&Jewood or the area.
A :summary memorandum will be prepared that documents the results of the interviews.
4.J Commuity Comparilou ud Treads
This subtuk involves reviewiq what other communities are providin& u well aa documentiJI&
trends both rqionally, swewide and nationally. EDA W has an extensive in-house database
collected from other communities in the Rocky Mountain rqion over the past 5 yean . This
database documents e:ich communiry· :1 standards and e.,istin& level of service for parkland, trails
and specific facilities, such .i.s soccer fields. ballfields. swimmina pools and recreation centers .
The comparison with other communities will help En&lewood determine what is the ~norm~ in
other cities. :llld serve as .i startin& point for dcvelopina sWldards specili~lly tailored to
Englewood.
The database will be updated with 1-3 new peer communities md information used durin& work
sessions with the CAC to determine specific level of :ier\'ice standards for Enslewood. An
e."erpt from .i previowi plan is included .ifter Ibis pa11e.
,U Demc,vaplaic: Data. Populadoa Projec:dou ud Developmeat Paneru ..\aalysil
This task is critic.ii to understandin& the fuNre needs of the community . It involves documcntin&
the characteristics of existin& and fuNre residents of En&Jewood, aad the land uae panems dw
inJluence the demand for parks, recreation services and mil linkqes. The City's Comprehensive
Plan should serve as the buis for this, supplemented wilb recently developed or approved
redevelopment plans and population projections . We will worlt directly widl the Deputment of
Community Development document arowtb and redevelopment atea, and land uae cbanpa in
the City .
Tu k 4 Products
• Survey Summary Report
• Swnmill')' MemorilDdum of Needs Assessment with Tables and Graphs
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Task S -Vision, Goals and Objectives
Using existing Ciiy policy documents, regulatory tiameworlt and the needs assessmenl u a
reference point, a vision statemeni. goals and policies will be formulated to auide the direction of
the plan. These will be drafted and refined throup the planni!la process. One worlt session with
the Parlts and Recreation Commission will include crafting a vision statement, and reviewina and
refining and objectives. They will be revisited and furtbct refined as nccdcd throughout the
process .
Task 5 Products
• Summary Memorandum
Task 6 -Recreational Facilities and Programs
This task involves developing specific recommendations reprding the quantity and location of
programmed and self-directed· facilities .
6.1 Recreadonal Fadllty Level of Service Standards
This task defines the specific level of service that is targeted for each. For c.umple. full-,iize
soccer fields may be short in the communiiy, but mini-fields may not Ballfields vary in iize
according to the aae group usina them. Facilities should be mau:bcd to the recreational necds of
the varying user groups . Therefore, we propose to analyze each iypc of facility, document the
physic:i.l requirements of .:ach. and .:stablish a lC\·el of service standard that will guide the City in
the construction of additional facilities if needed or in seeking partnenhips with Solllh Suburban
to provide them.
6 • .? Proposed Recreadonal Facility Projects
Specific recommendations on additional needed facilities, such as adult softball tields. football
fields . tennis ~ourts, basketball courts, youth soccer fields etc .• will be documented.
Task 6 Products
• Memorandum of Recreation Facility Standards and Projects
Task 7 -Parks Plan
This task involves developing the policy criteria for the development of paib, specific
recommendations rcg3rding Cl!.isting parlts (or constnac:tion of new ones with redevelopment).
7.1 Park Classiftcadons, Levels of Service aad Deslp Studards
The EDA W team will work with staff and the Parlts and Recreation Commission to define
parkland and faciliiy standards. and definitions for each iypc of parlt that the Ciiy desires to
provide . A list of policy criteria may include the followina:
• Population served (e.g .• acres per 1,000 population)
• S.:rvice radii
• Minimum acreage necessary and lllllllimurn slope possible to l'lll!Ct facility dcsian
requirements
• Lc:vel of de velopment and maintenance .:.,pcctations
• Typic:i.l facilitie!
• NalUJ'al resource considerations
• Parks . trails and open space system linkap
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• Land use compatibility
• Transportation factors
The implications of selecting a particular parkland or facility level of service sllDdard will be
discussed with tbc P:ub and Recreation Commwioa and explaiucd ia tcnm of additional land
area required, capital and operations and maintenance CO&IS, and developer land decticaaon or
parkland development fee requirements .
7.2 Propoaed Parks
Potential locations for new parkland will be identified based on opportunitiea or needs. The
lOC3tions will be shown specifically or iienerally, depending upon whether or oot public land
cwrenlly exists.
7.J Improvements to Exilda1 Parks
Based on the classiti~tions and standards developed above, as well as !be needs identified in !be
inventory of e.'tisting parts, recommendations for oew parb and eabaacernen11 to existiq parts
will be developed. These recommendations will alJO include recreational facilities ia pub dw
are needed to suppon the recreation procrams provided by !be City and others, a descn"bed ia
Task 7. Parle projects will be mapped and budgetary cos11 prq,aml. COIICep(Ual plans to ill111trate
the feasibility of proposed improvements will be prepared for up to IO pub. These plans will
very conceptual, and not intended to convey a preferred design solution, but rather to illustr.Uc the
potential to develop amenities, renovate the parlc and to identify budgetary costs. P:ub staff will
assist EDA W in identifying costs for updates to irrigation systems and other hidden ~ost items
(City fees. utility upgrades , etc.)
Task 7 Products
• Memorandum of Parle Standards
• IO Conceptual Park Plans and Budgetary Cost Estimates
• City-wide Mastt'r Plan Map and Supponing Text
Task 8 -Implementation Strategies and Acdon Plan
'This wk involves documenting existing funding sources and identifying potcmia1 new tools for
acquiring, developing and managing parb and recreation facilities. One of !be key compoaea11
will be identifying priority projects, which should be 3ddresacd in !be near =in,
8.1 Fiaaacin1 aad Implementation Tools
EDA W will compile information regarding current and potential financial practices and policies
used by the City. This discussion of the various fundina sources and implemauatioa tools may
include :
• Sales Ta.'tc:s
• Subdivis ion Regulations
• Property Taxes , including SID's
• Concessions
• Gr:in!S and Doruitions
• P:irtncrsh ips
• Foundations
• Tax Increment Fillllllc inii and Bonds
• UserFc:-es
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I.JAcdoaPlu
The action plan will identify specific projecu. policy cbanaa and ocbcr acriom dial are nec:eaary
for implementing the plan. High priority projects will aencnlly include tboae needed widtin tbe
IIC'tt S years, while lower priority projects may happen in years 6-10. Each action will include
coats, responsible parties and potential nmdinj"implementation sources.
Tuk 8 Products
• Summary Memorandum
Task 9 -Plan Production and Adoption
The purpose of this task is to communicate the vision of the plan in a fonn tJw is easily
undastood. A draft muter plan will be prepared dial documen11 the process, shows bow tbe
recommendations were formulated, and displays the results in a CODcise fomw. This rask will
shape the results of rhe prior analytical procea inio a murer plan for auidiaa the sbon-and 1001-
tenn future of pub and recreation in Enalewood.
The preliminary draft will be for staff' review. Comments will be incorporated and a draft Master
Plan prepared. The draft plan will be presented 10 the CAC and other COIIIIDissions as needed to
receive comments . These meetings should be advertised to the public and copia of the document
made available. The draft plan and comments received to date will be presented to City C\lUDCil
for :idoprion. Comments will be incorporated into the Final Master Plan Rcpon. as :ipplic:able.
The format of the repon and the depth of comment revisions will be mutually aareed upon by the
City and the consuitllnt ream prior 10 their inclusion in tbe final mater plan document
Task to Products
• Preliminary Draft Master Plan: S copies for staff review purposes
• Draft M:isrer Plan Repon: I original for reproduction :ind distribution by City ,naff'
• Draft Masrer Plan M:ips : I copy each at IWl-,;ize
• Final Master Plan Repon: diaital files and 1111p1
• Final Master Plan Maps : I copy each at fllll-:1ize
• Additional Reports will be charaed at tbe cost of reproduction, pl111 shippiq and
administnnive time.
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject
August 1, 2005 ,net Acceptance of Logistic Systems Contract
Initiated By: Staff Source:
Department of Safety Services Trina Everhart, Research and Technology Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Department of Safety Services, Police Division, is recommending that Council approve, by 1
motion, the Logistic Systems Contract
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Englewood Department of Safety Services, Police Division, and the Information Technologies
(111 Department have negotiated a contract with Logistic Systems. The contract Is for an upgrade to
the dispatch hardware, upgrade to a Windows platform and Field Reporting software. Recent
concerns with the current equipment have dictated the need for purchase of the new equipment to
upgrade to a Windows platform . The Field Reporting Software will enable the officers to gain
information and complete reports in the vehicles. This upgrade and purchase will provide an
efficient system and increase officer safety.
The projects are being worked on as a team effort between the City IT Department and Safety
Services staff.
FINANCIAL IMPACT
The amount of the contract for the project is $122,985.90.
There is no fi nancial impact to the City of Englewood as the project has been funded through
Forfeiture funds . Maintenance for the system is a budgeted item.
LIST OF ATTACHMENTS
Logistic Systems Contract
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SYSTEM PROCUREMENT AGREEMENT
TIDS SYSTEM PROCUREMENT AGREEMENT (the "Agreement''), dated
______ _, 2005 (the "Effective Date"), is between LOGISTIC SYSTEMS, INC., a
Montana Corporation ("Vendor"), and THE CITY OF ENGLEWOOD, COLORADO, a
Colorado municipal corporation ("City"). City and Vendor may be referred to individually as a
"Party" and collectively as the "Parties".
WITNESSE TH:
WHEREAS, City wishes to obtain a LogiSYS Field Reporting System and upgrade. the
existing Computer Aided Dispatch and Records Management System (as further described in this
Agreement, the "System") for use by City in its municipal operations;
WHEREAS, Vendor is in the business of providing, installing, implementing and
supporting the LogiSYS Field Reporting Systems and upgrading its existing Computer Aided
Dispatch and Records Management Systems;
WHEREAS, City has considered the recommendations and proposals of Vendor
regarding the implementation of the LogiSYS Field Reporting System and upgrading its existing
Computer Aided Dispatch and Records Management Systems which will satisfy City's
requirements as set forth herein; and
WHEREAS, in accordance with City's purchasing ordinance, City has selected Vendor
to provide, install, implement and support the LogiSYS Field Reporting System and the
upgrade of the existing Computer Aided Dispatch and Records Management System for City;
NOW, THEREFORE, in comidcration of the mutual promises contained herein, and
other good and valuable consideration received and to be received, Vendor and City agree as
follows :
ARTICLE I. AGREEMENT, TERM, AND DEFINITIONS
1.1 Agreement and Term. Toe Parties agree that the tcnns and conditions of this
Agreement apply to the purchase and sale of the System and the provision of Services to City by
Vendor. Toe term of this Agreement commences on the Effective Date and the Agreement shall
continue to be in effect unti l terminated by either Party as set forth in this Agreem.ent; provided,
however, that the licenses granted to City by Vendor for the Vendor Software are perpetual
unless terminated as provided for in this Agreement.
1.2 Certain Definitions. The following definitions apply to this Agreement:
(a) "Acceptance Date" means the date on which the System is accepted by
City, as indi cated by execution of the Certificate of Completion.
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(b) "Acceptance Tests Specifications" means the specifications set forth in the
Statement of Work for detennining if the System satisfies the Acceptance Tests.
(c) "Acceptance Tests" means the manner and means of acceptance testing of
the System and the Services, as described in the Statement of Work.
(d) "Applicable Laws" means all laws, ordinances, rules, regulations. orders,
interpretations, requirements, standards, codes, resolutions, licenses, permits, judgments,
decrees, injunctions, writs and orders of any court, arbitrator, or governmental (federal, national,
state, municipal, local or other, having jurisdiction over a Party and the location where a
particular element of the Services is performed) agency, body, instrumentality or authority that
are applicable to any or all of the Parties, the Site, the Services or the terms of this Agreement,
including all environmental and hazardous materials laws which are applicable to the Site and
which are at any time applicable to performing the Services.
(e) "Certificate of Completion" means a written certificate, signed by
authorized representatives of City and Vendor, stating that (1) the System has been completely
delivered, assembled, installed, and tested at the Site in accordance with this Agreement, (2) as
so assembled and installed, the System meets the Acceptance Tests, and (3) the System conforms
in all material respects to the Specifications.
(f) "Defect" means any failure of the System to operate in material
conformity with the Specifications.
(g) "Documentation" means user guides, operating manuals, education
materials, product descriptions and specifications. technical manuals, supporting materials, and
other information relating to the System or used in conjunction with the Services, whether
distributed in print, magnetic, electronic, or video format, in effect as of the date (I) the System
is accepted by City, or (2) the Service is provided to City.
(h) "Employee" means those employees, agents, subcontractors, consultants,
and representatives of V cndor provided or to be provided by Vendor to perform Services
pursuant to this Agreement.
(i) "Equipment" collectively means all items set forth in Schedule l.2(i) to
this Agrcem:nt, and all other items, parts, components and materials ncc:essary for the
manufacture, supply and installation of the System, all of which are to be supplied by the City
under this Agreement.
(i) "Services" includes, but is not limited to, installation, integration,
education, acceptance testing. support, maintenance, development, warranty, and time and
materials services, pro vided or to be provided by Vendor punuant to this Agreement.
(k) "Site" means Englewood Safety Services, 3615 S. Ela!i St., EnaJcwood,
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(I) "Site Support Requirements" means the criteria and schedule for
preparation of the Site for the System. as set forth in Schedule 1.2(1).
(m) "Source Code" of the Vendor Software means the Vendor Software
written in programming languages, including all comments and procedural code, such as job
control language statements. in a form intelligible to trained programmers and capable of being
translated into object code for operation on computer equipment through assembly or compiling.
The Source Code placed into escrow will include all documentation the Vendor bas available
relating to the System.
(n) "Specifications" means the functional. performance, operational.
compatibility, and other specifications or characteristics of the System described in this
Agreement, the applicable Documentation, u well as the functional specifications documents
("FSDs") which are to be prepared and delivered by Vendor under the Statement of Work and
approved by City, and such other specifications or characteristics of the System agreed upon in
writing by the parties.
(o) "System" means the Vt.'Jldor Software and Third Party Software, to meet
the Specifications.
(p) ''Third Party Software" means the software described on Schedule l.2(p)
hereto.
(q) "Vendor Software" means the computer programs, in object code form,
provided or to be provided by Vendor pursuant to this Agreement, and specifically set out in
Schedule l.2(q) to this Agreement. The definition of Vendor Software also includes any
Corrections, Upgrades, releases, or other changes to Vendor Software which are provided or to
be provided as part of Vendor's performance of warranty Service obligations or pre-paid support
Services pursuant to this Agreement.
(r) "Warranty Period" means a period of one (l) year from the Acceptance
Date, as indicated by the date of execution of the Certificate of Completion by both Parties and
defined in the Statement of Work.
(s) "Statement of Work" means the schedule for delivery, implementation and
testing of the System and the performance of the Services, attached hereto as Schedule l.2(s).
ARTICLE Il. SCOPE OF WORK
2.1 Scope or Work. Vendor shall supply the System, Documentation and Services,
all in accordance with the terms of this Agreement and the Specifications, within the time frames
specified in the Statement of Work.
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2.2 Acceptance Testing. Vendor warrants that the Computer-Aided Dispatch (CAD)
and Records Management Systems (RMS) will function as they did prior to the conversion from
AIX to MS Windows . The following Acceptance Testing language specifically relates to the
additi on of LFR to Client's existing System. Prior to putting the LFR System into a live
operating environment at the Client Site, the Vendor and Client will jointly conduct the
Preliminary System Acceptance Test outlined in the Statement of Work. This Preliminary
System Acceptance Test will use the mutually agreed upon FSD as its guide and will utilize at
least one (1) MDC. If deficiencies are noted following this Preliminary System Acceptance Test,
Vendor will be allowed to correct the deficiencies before the System is taken live. Following
live and thirty (30) days of live operations where the System has performed according to
specifications outlined in the FSD, the System shall be deemed to have passed the Acceptance
Tests. lfthe System does not meet the requirements of the Acceptance Test Specifications, City
will permit Vendor to repair or replace the System so that the same meets the Acceptance Test
Specifications in all material respects, all at no additional expense to City. Upon satisfactory
completion of the Acceptance Tests, Vendor and City shall execute a Certificate of Completion.
2.3 Acceptance. City shall be deemed to have accepted the System only upon City's
execution and delivery of the Certificate of Completion. Acceptance of the System does not
waive any warranty or other rights provided in this Agreement for the System or Services.
2.4 Inspection. Payment for any part or parts of the System provided hereunder, or
inspection or testing thereof by City, shall not constitute acceptance or relieve Vendor of its
obligations under this Agreement. City may inspect the components of the System when
delivered and reject upon notification to Vendor ·any and all of the System which does not
conform to the Specifications or other requirements of this Agreement Components of the
System which are rejected shall be promptly corrected. repaired., or replaced by Vendor in
accordance with Vendor's warranty obligations under Article VIll, such that the System
conforms to the Specifications and the other requirements of this Agreement. If City receives
components of the System with defects or non-conformities not reasonably apparent on
inspection, then City reserves the right to require prompt correction, repair, or replacement by
Vendor in accordance with Vendor's warranty obligations under Article Vill following the
discovery of such defect or nonconformity.
2.S City Obligations. Except as expressly set forth in this Agreement, Vendor shall
not assume or plan that any significant level of resources from City shall be dedicated to any of
the activities to be performed under this Agreement. City, at its expense, agrees to prepare the
Site in accordance with the applicable Site Support Requirements. Vendor agrees to provide to
Ci ty, at no additional charge, reasonable consultation and assistance regarding Site planning and
preparat ion as may be necessary to enable City to prepare the Site as specified in the Site
Support Requirements . An authorized Vendor site preparation engineer will review and approve
the Site prior to delivery and installation of the System at the Site, in order to confirm that the
S ite has been prepared by City in accordance with the Site Support Requirements. If Vendor's
sit e preparation engineer finds that the Site has not been so prepared, Vendor will notify City in
wri ting in what resper.ts the Site fails to conform to the Site Support Requirements. City will
promp tly correc t any no n-conformity.
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2.6 Problems. Vendor agrees to notify City promptly of any factor, occUJTCnce, or
event coming to its attention that may affect Vendor's ability to meet the requirements of the
Agreement, or that is likely to occasion any material delay in completion of the projects
contemplated by this Agreement. Such notice shall be given in the event of any loss or
reassignment of key employees, threat of strike, or major equipment failure .
2. 7 Time of Performance. Time is expressly made of the essence with respect to
each and every term and provision of this Agreement.
ARTICLEUI. EQUIPMENT
3.1 Procurement of Equipment. City will procure the Equipment and Vendor will
warrant that the System will operate in conformance with the Specifications on the Equipment if
the City purchases Equipment meeting the specification set forth in Schedule l .2(i).
3.2 Equipment Upgrades and Maintenance. City assumes responsibility for
upgrading and maintaining the Equipment.
ARTICLE IV. VENDOR SOFTWARE
4.1 Grant of License.
(a) Vendor grants City and City has a nonexclusive, irrevocable, fully paid,
royalty-free, perpetual license to use, execute, and store, by all means now known or later
developed, the Vendor Software, in accordance with the terms and conditions of this Agreement,
on behalf of City (a "License"), in connection with City's use of the System. City may relocate
the Vendor Software onto any hardware or equipment which City may at any time acquire to
replace or upgrade the equipment on which the Vendor Software is mstalled. Such hardware or
equipment must be Vendor-certified as compatible with the Vendor Software prior to the
installation oithe Vendor Software on any of the City's hardware or equipment
(b) City may make two (2) archival copies of the Vendor Software, plus as
many copies of both the client and server components of the Vendor Software as are necessary
and proper under the normal back-up procedures which are utilized by C ity.
(c) Any License granted under this Agreement permits City to concurrently
(I) use the Vendor Software in a production environment as described in the Statement of Work
and perform disaster recovery, disaster testing, and backup as City deems necessary, (2) use the
Vendor Software in a test environment and (3) use, copy and modify Documentation for the
purpose of creating and using training materials relating to the System and the Vendor Software.
Vendor may grant access to and use of the System and the Vendor Software by independent
contractors of City which shall be considered authorized use under this Article IV, provided such
use is for the sole benefit of the City and the specific purpose of the Vendor Software.
lndependent contractors of City granted access must be required to sign a non-disclosure
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agreement in the form attached to this Agreement prior to being provided access to any Vendor
Confidential Information.
(d) Vendor shall provide to City any published APis upon City's request for
the City's review only. City realizes that there is a cost associated with some APis and is willing
to incur the cost when required. A sample NDA is attached as Exhibit B to this Agreement for
future use with other software providers which are to be provided access to the Vendor Software
or Documentation for purposes of development of interfaces.
4.2 Ownenhlp of Vendor Software and Modificadons. The Vendor Software shall
be and remain the property of Vendor or third parties which have granted Vendor the right to
license the Vendor Software and City shall have no rights or interests therein except as set forth
in this Agreement.
4.3 Proprietary Markings. City shall not remove or destroy any proprietary
markings or proprietary legends placed upon or contained within the Vendor Software.
4.4 Dupllcadon of Documentadoa. City may duplicate Documentation. at no
additional charge, for City's use so long as all required proprietary markings are retained on all
duplicated copies.
4.5 Noa-Disclosure. During the term of a License, except as may be required by the
Colorado Open Records Act, CRS Section 24-72-101 et. seq., City will treat the Vendor
Software and Documentation as the confidential and proprietary info~on of Vendor. The
parties agree that this Agreement and any attachments hereto, are public records and are subject
to disclosure. The foregoing provisions shall not apply to Vendor Software or Documentation. or
any portion thereof, which is ( 1) already known by City without an obligation of confidentiality,
(2) publicly known or becomes publicly known through no unauthorized act of City, (3)
rightfully received from a third party without obligation of confidentiality, (4) disclosed without
similar restrictions by Vendor to a third party, (5) approved by Vendor for disclosure, or (6)
required to be disclosed pursuant to a requirement of a governmental agency or law. It will not
be a violation of this Section if City provides access to and the use of the Vendor Software to
independent contractors providing services to City so long as City secures execution by such
third parties of a confidentiality agreement in the form attached to this Agreement.
4.6 Provision of Source Code. City's ability to utilize adequately Vendor Software
will be seriously jeopardized if Vendor fails to maintain or support such Vendor Software unless
complete Source Code for the Vendor Software and related Documentation is made available to
City for City's use in satisfying City's maintenance and support requirements. Therefore,
Vendor agrees that if an "Event of Default" occurs, then Vendor shall promptly provide to City
one copy of the most current version of the Source Code for the affected Vendor Software and
associated Documentation in accordance with the following :
(a) An Event of Default shall be deemed to have occurred if Vendor: (1)
c eases to market or make available maintenance or support Services for the Vendor Software (
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during a period in which City is entitled to receive or to purchase, or is recei\'.ing or purchasing,
such maintenance and support and Vendor has not promptly cured such failure despite City's
demand that Vendor make available or perfonn such maintenance and support, (2) becomes
insolvent, executes an assignment for the benefit of creditors, or becomes subject to bankruptcy
or receivership proceedings, (3) ceases business operations generally or (4) has transferred all or
substantially all of its assets or obligations set forth in this Agreement to a third party which bas
not assumed all of the obligations of Vendor set forth in this Agreement.
(b) Vendor will promptly and continuously update and supplement the Source
Code as necessary with all material Corrections, Upgrades, releases, or other changes developed
for the Vendor Software and Documentation. Such Source Code shall be in a form suitable for
reproduction and use by computer and photocopy equipment, and shall consist of a full source
language statement of the program or programs comprising the Vendor Software together with
all documentation the Vendor bas available which is related to the System and Source Code. In
the event the City must exercise its ability to use the Source Code, Vendor will not restrict the
City from hiring any of Vendor's employees to help with the system and will waive any
covenants in any agreements with such employees to permit such employment.
(c) The governing License for the Vendor Software includes the right to' use
Source Code received under this Section ss necessary to modify, maintain, and update the
Vendor Software.
( d) Vendor will deposit in escrow with the escrow agent identified in the
Escrow Agreement attached hereto _as Schedule 4.6(d), a copy of the Source Code which
corresponds to the most current version of the Vendor Software in use by City. Vendor shall pay
all fees of the escrow agent for services provided. If the City wishes to utilize an escrow agent
other than Vendor's standard escrow provider, any costs arising from the use of the City's
escrow provider will be the responsibility of the City.
(e) If, as a result of an Event of Default, Vendor fails to provide required
support Services, then any periodic license fee which City is required to pay under this
Agreement for Vendor Software shall be reduced to reflect such lack of support Services. At
such time as V cndor commences offering the support Services described in this Agreement for
Vendor Software, City may obtain such support Services as provided for elsewhere in this
Agreem ent.
4.7 RJ&hts In Bukruptcy. Vendor acknowledges that the grant of license is made,
and the Agreement is entered into, in contemplation of the applicability of §36S(n) of the U.S.
Bankruptcy Code.
ARTICLE V. THIRD PARTY~SOFl'WARE
5.1 Procaremeat or nlnl Party Software. In consideration of the payment of the
Contract Price, Vendor shall procure, on City's bebal( the Third Party Software, punuant to and
in accordance with the license and maintenance aa,eements. City shall execute and deliver the
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license and maintenance agreements for the Third Party Software. City shall comply with the
terms and conditions of such agreements, provided that Vendor may serve as City's agent for
purposes of obtaining and implementing the items and services contemplated by such
agreements.
5.2 Third Party Warranties and Gaanntees. Vendor shall obtain from all
suppliers of the Third Party Software, all standard guarantees and warranties normally provided
in connection with the perfonnance of the Services.Vendor shall obtain from each such supplier
guarantees and warranties which are assignable to City and which cover the Warranty Period and
shall, upon request of City, obtain an option for City to purchase a guarantee or warranty from
such suppliers covering a longer period than the Warranty Period if commercially available at
City's expense. Vendor shall enforce all guarantees and warranties until such time as such
guarantees or warranties expire or are, if applicable, transferred to City as contemplated by this
Section S.2. Such guarantees and warranties shall, to the extent they have been made assignable,
be transferred to City upon expiration or termination of this Agreement Such guarantees and
warranties shall, to the extent they have been extended, be transferred to City upon the earlier to
occur of (l) the expiration of the Warranty Period, and (2) termination of this Agreement.
Vendor shall, to the extent that a warranty or guaranty bas been extended or made assignable to
City pursuant to this Section 5.2, deliver to City copies of all such guarantees and warranties and
relevant extracts from all related technical specifications. Nothing in this Section 5 .2 shall
derogate from the obligations of Vendor to provide the guarantees and warranties described in,
and to comply with the provisions of, Article VII.
ARTICLE VI. ALTERATIONS AND CANCELLATION
6.1 Alteration, and C~u1es. Changes and alterations in the plans or quantities, or
details of installation of the System may be necessary or desirable during the coune of
performance under this Agreement. City reserves the right, without impairing Vendor, to require
additional Services, to omit, cancel or eliminate Agreement items, to alter details of installation,
and to make other changes and alterations as necessary or desirable. in City's judgment, to
satisfactorily complete the project contemplated by this Agreement. Vendor shall perform such
changed, additional, increased, decreased, varied or ··~red Services as part of the Services to be
performed under this Agreement upon written noti that effect from City, and performance
thereof shall not invalidate this Agreement. If the 1..,,aracter of the Services or the unit costs
thereof are changed as a result of a change request by City, compensation for such Services will
be made on such basis as may have been agreed to in writing in advance of the performance of
such additional or revised Services, or in the case no such agreement have been made, a fair and
equitable allowance s~all be made with respect to compensation due Vendor. Except as may be
otherwise provided in this Agreement, no payment for extras will be made unless such extras and
the compensation to be paid therefor have been authorized in writing by the City Project
Manager.
6.2 Delays. In the event of a delay in delivery of all or my portion of the System, or
in the event of a delay in the performance of Services, which is DOI cxcuaed in this Apament,
C ity may car.::el without charge all or any portion of the System or Servic:ea for which delivery
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or perfonnance has been :i<> delayed. If the delivered portion of the System are not operable
without the remaining undelivered portion of the System. City may, at Vendor's expense, return
any delivered portion of the System to Vendor. City shall not be liable for any expenses incurred
by Vendor for canceled, undelivered, or returned portions of the System. City shall receive a
refund of all amounts paid to Vendor with respect to the canceled and/or returned portion of the
System and Services.
ARTICLE VU. SERVICES
7.1 Data Convenlon. Within the time frames established in the Statement of Work,
Vendor shall ;,rovide the data conversion assistance described in the Statement of Work.
7.2 Education Services. Within the time frames set forth in the Statement of Work,
Vendor shall provide the end user and systems administrator training in accordance with the
provisions set forth the Statement of Work.
7.3 Interface Development. Within the time frames set forth in the Statement of
Work, Vendor shall develop and install the software interfaces set forth in the Statement of
Work.
7.4 Development Services. All development Services to be provided by Vendor
pursuant to this Agreement shall be subject to the terms and conditions set forth in Schedule 7.4.
7.S Support Services. The support Services set forth below for the System shall be
provided by Vendor to City during the Warranty Period al no charge to City. Thereafter, such
support Services shall be provided by Vendor, upon City's request, for either a fixed or open-
ended term, at the applicable Charges set forth in the Statement of Work. Vendor agrees to
provide support services for the Vendor Software for a period of not less than five (5) years from
the expiration of the Warranty Period. City may discontinue such support Services al any time
by providing thirty (30) days' advance written notice to Vendor. If such support Services were
provided by Vendor for an open-ended term, City shall promptly receive a refund of pre-paid
support Charges which reflects the amount for discontinued support Services after the effective
date of the notice.
(a) Vendor shall promptly notify City of any Defects in the System or
Documentation which cause it to deviate from the Specifications of which Vendor becomes
aware from any source and shall promptly provide to City modified versions of Vendor Software
or Documentation which incorporate corrections of any Defects ("Corrections"). Vendor shall
also provide to City all operational and support assistance necessary to cause Vendor Software to
perform in accordance with its Specifications and remedial support designed to provide a by-pus
or temporary fix to a Defect as provided in Schedule 7 .S(a).
(b) As part of the annual license and maintenance fees, Vendor shall provide
to City the following maintenance and support services:
-Correction of any Defect in the V cndor Software or Docwncntalion;
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-Updates of Documentation as required or requested to insure their continued usefulness;
Toll-free assistance by telephone, e-mail or by mail regarding the use and operation of
the System;
-Upgrades to the Vendor Software. For the purpose of this Agreement, the term
"Upgrades" shall mean any expansions, modifications, or improvements to the Vendor
Software which relate to the operating performance but do not change the basic function
of the Vendor Software and which are not regularly charged for by Vendor to other
clients as options. Jn the event that additional Services are required and are approved by
City, these Services will be charged to the City at the agreed upon rates.
The City will be notified by the Vendor of a scheduled software Upgrade release. Upon
notification of the software Upgrade release, the City may request the Vendor to put the
City on the schedule for the Upgrade at a date and time that is mutually agreeable.
(c) Vendor shall provide to City any revisions to the existing Documentation
developed for the System and the Vendor Software or necessary to reflect all Corrections,
Improvements, or Updates.
7.6 Time and Material Services.
(a) City may issue to Vendor written purchase orders identifying additional
Services City desires to obtain from Vendor. Each purchase order may include other terms and
conditions applicable to the Services ordered; such other terms shall be consistent with the terms
and conditions of this Agreement, or shall be necessary to place a purchase order, such as: (l) a
price and milestone payment schedule, (2) a project performance schedule, including the
appropriate work steps and phases, (3) specifications or cbaracteristics of the developed products
or Services to be perfonned, and (4) functional and detailed design specifications, and (5)
acceptance criteria for the deliverables.
(b) Vendor shall promptly accept purchase orders by providing to City a
written or an oral acceptance of such purchase order, or by commencing performance pursuant to
such purchase order. Vendor shall accept purchase orders which do not establish new or
conflicting terms and conditions from those set forth in this Agreement. Vendor shall also accept
purchase orders incorporating terms and conditions which have been separately agreed upon in
writing by the parties.
(c) Vendor may reject a purchase order for Services or any alteration to a
purchase order for Services which increases the Services required or advances the delivery date
for said Services provided a Statement of Work has not previously been agreed to by the parties.
(d) Vendor may reject a purchase order which does not meet the conditions
described in subsection (b) or (c) above by promptly providing to City a written explanation of
the reasons for such rejection. Vendor shall accept an alteration to the oriainally iuued purchase
order if such alteration remedies the items set forth in Vendor's written rejection.
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(e) City may issue an alteration to a purchase order in order to, without
limitation, (I) change a location for delivery, (2) modify the quantity or type of Services to be
delivered or performed, (3) implement any change or modification as required by or pennitted in
this Agreement, or (4) correct typographical or clerical errors.
7.7 Services in General In connection with the performance of any Services
pursuant to this Agreement:
(a) Unless a specific number of Employees is set forth in the governing
purchase order, Vendor warrants it will provide sufficient Employees to complete the Services
ordered within the applicable time frames established pursuant to this Agreement or as set forth
in a purchase order. Furthermore, Vendor shall, at its expense, supply all tools, equipment and
other materials necessary to perfonn the Services contemplated in this Agreement
(b) Vendor warrants that Employees shall have sufficient skill, knowledge,
and training to perform Services and that the Services shall be performed in a professional and
workmanlike manner.
(c) Employees performing Services in the United States must be United States
citizens or la•vfully admitted in the United States for permanent residence or lawfully admitted in
the United States holding a visa authorizing the performance of Services on behalf of Vendor.
Vendor shall not discriminate against any Employee, applicant for employment, or any member
of the public because of race, color, religion, sex, national origin or any other class protected by
federal, state or local employment discrimination laws. Vendor shall adhere to affirmative action
guidelines in selecting employees and shall ensure that employees -arc treated equally during
employment, without regard to their race, color, religion, sex, national origin or any other class
protected by federal, state or local employment discrimination laws. Such action shall include,
but not be limited to, the following : employment, upgrading, demotion, transfer, rccruibncnt,
advertising, layoff or termination, rates of pay or other forms of compensation and selection for
training, including apprenticeship.
(d) Vendor warrants that all Employees utilized by Vendor in performing
Services are under a written obligation to Vendor requiring the Employee to maintain the
confidentiality of information of City.
(e) Vendor shall require Employees providing Services at a City location to
comply with applicable City security and safety regulations and policies. City may require each
Employee pro~ding Services to undergo a background investigation, including. but not limited
to a criminal records and fingerprint check. Vendor shall promptly replace any Employee found
to be unacceptable to City, in its discretion, on the basis of the results of a background
investigation.
(I) Vendor shall provide for and pay the compensation of Employees and
shall pay all taxes, contributions, and benefits (such u, but not limited to, workers'
compensaf n benefits) which an employer is required to pay relatina to the employment of
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employees. City shall not be liable to Vendor or to any Employee for Vendor's failure to perform
its compensation, benefit, or tax obligations. Vendor shall indemnify, defend and hold City
harmless from and against all such taxes, contributions and benefits and will comply with all
associated governmental regulations, including the filing of all necessary reports and returns.
(g) During the course of performance of Services, City may, for cause, request
replacement of an Employee or a proposed Employee. In such event, Vendor shall, within ten
( 10) working days of receipt of such request from City, provide a substitute Employee of
sufficient skill, knowledge, and training to perform the applicable Services.
(h) Vendor shall establish and shall retain, for a period of three (3) years
following the performance of time and materials Services, records which adequately substantiate
the applicability and accuracy of Charges for such Services and related expenses to City. Upon
receipt of reasonable advance notice from City, Vendor shall produce such records for audit by
City.
(i) Vendor and City each agree to appoint a qualified staff member or
members, at no additional charge, to function as overall Project Manager(s). The Vendor Project
Manager and the City Project Manager will act as the principal points of interface between the
Parties.
7.8 Permits. Vendor shall at its own expense secure any and all licenses, permits or
certificates that may be required by any federal. state or local saatute, onlinlnce or regulation for
the performance of the Services under the Agreement Vendor shall also comply with the
provisions of all Applicable Laws in performing the Services under the Agreement. At its own
expense and at no cost to City, Vendor shall make any change. alteration or modification that
may be necessary to comply with any Applicable Laws that Vendor failed to comply with at the
time of performance of the Services.
7.9 Audit R11ba. Vendor shall provide such employees and independent auditon
and inspectors as City may designate with reasonable access to all sites from which Services are
performed for the purposes of performing audits or inspections of Vendor's operations and
compliance with this Agreement. Vendor shall provide such auditon and inspectors any
reasonable assistance that they may require. Such audits shall be conducted in such a way so that
the Services or services to any other customer of Vendor are not impacted adversely.
ARTICLE VIII. WARRANTIES, INDEMNITIES, AND LIABILITIES
8.1 Warranty. Vendor represents and wan-ants that:
(a) Vendor has full right and authority to perform its obligations under this
Agreement.
(b} Neither Vendor nor any direc•or, employee or apnt of Vendor or its
subcontractors or vendors shall, without prior written notification thereof to City, enter into my
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behalf of City.
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(c) City shall be entitled to use the System without disturbance.
( d) No portion of the Vendor Software contains, at the time of delivery, any
"back door," "time bomb," ''Trojan horse," "worm," "drop dead device," "virus," or other
computer software routines or hardware components designed to (1) permit access or use of
either the System or City's computer systems by Vendor or a third party not authorized by this
Agreement, (2) disable, damage or erase the System or data, or (3) perform any other such
actions.
(e) The System and the design thereof shall not contain preprogrammed
preventative routines or similar devices which prevent City from exercising the rights set forth in
this Agreement or from utilizing the System for the purposes for which it was designed.
(f) The Vendor Software shall, during the Warranty Period, function properly
under ordinary use and operate in conformance with the Specifications.
(g) Based on Vendor's studies of City's existing systems which are to be
replaced by the System, and the demonstrations, conversations, and correspondence, Vendor has
gained a good understanding of City's requirements pertaining to a LogiSYS Field Reporting
System and the upgrades to the Computer Aided Dispatch and Records Management Systems.
Based on this in-depth understanding and combining it with Vendor's knowledge and experience
with other municipal organizations, Vendor warrants that the proposed system has been sized to
meet City's current needs and accommodate growth in the near future.
(h)
of any third party.
The Vendor Software does not infringe on any intellectual property rights
(i) The System shall remain at all times in compliance with federal and
Colorado laws and regulations generally applicable to Logisys Field Reporting and the Computer
Aided Dispatch and Records Management Systems.
During the Warranty Period, Vendor will provide warranty Service to City at no
additi onal cost and will include all Services or replacement products or product media necessary
to enable Vendor to comply with the warranties set forth in this Agreement. Vendor shall pass
through to Ci ty any manufacturers' warranties which Vendor receives on the System and, at
City's requ est, Vendor shall enforce such warranties on City's behalf.
8.2 Proprietary Ripts lademalflcadoa. Vendor represents and warrants that (1)
no element of the System and/or methodology provided under this Agreement is the subject of
any litigation ("Liti gation'"), and (2) Vendor has all right, title, ownership interest, and/or
marketing righ ts necessary to provide the System and/or methodology to City and that each
License, the System and/or methodology, and their sale, license, and use hcmmder do not and
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shall not directly or indirectly violate or infringe upon any copyright, patent, trade secret, or
other proprietary or intellectual property right of any third party or contribute to such violation or
infringement ("Infringement"). Vendor shall indemnify and hold City and all end users and their
respective successors, officers, employees, and agents harmless from and against any and all
actions, claims, losses, damages, liabilities, awards, costs, and expenses (including legal fees)
resulting from or arising out of any Litigation, any breach or claimed breach of the foregoing
warranties, or which is based on a claim of an Infringement and Vendor shall defend and settle,
at its expense, all suits or proceedings arising therefrom. City shall inform Vendor of any such
suit or proceeding against City and shall have the right to participate in the defense of any such
suit or proceeding at its expense and through counsel of its choosing. Vendor shall notify City of
any actions, claims, or suits against Vendor based on an alleged Infringement of any Party's
intellectual property rights in and to the System and/or methodology. In the event an injunction
is sought or obtained against use of the System and/or methodology or in City's opinion is likely
to be sought or obtained, Vendor shall promptly, at its option and expense, either (i) procure for
City its end users the right to continue to use the infringing portion(s) of the System and/or
methodology as set forth in this Agreement, or (ii) replace or modify the infringing portions of
the System and/or methodology to make its use non-infringing while being capable of
performing the same function without degradation of performance.
8.3 lndemalflcadon. In the event any negligent act or willful omission ofVendor or
its employees, servants, agents, or representatives causes or results in (1) damage to or
destruction of property of City or third parties, and/or (2) dealh or injury to persons including.
but not limited to, employees or invitees of City, then Vendor shall indemnify, defend, and bold
City, its agents and employees harmless from and against any and all claims, actions, damages,
demands, liabilities, costs, and expenses, including reasonable attomcys' fees and expenses,
resulting therefrom. Vendor shall pay or reimburse City promptly for all such damage.
destruction, death , or injury .
8.4 Goverameatal lmmHlty. City, its officers, and its employees. are rclyina on,
and do not waive or intend to waive by any provision of this Aarccmcnt, the monetary
limitations or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S . 24-10-101 et seq ., u from time to time amended, or
otherwise available to City, its officers, or its employees.
8.S Insurance. Vendor shall , at Vendor's aole expense, maintain the following
insurance:
(a) Commercial General Liability Insurance includin& contnctual coverage:
The limits of this insurance for bodily injury and property damage combinod shall be at least:
Each Occurrence Limit
General Aggregate Limit
System-Completed Operations Limit
Personal and Advertising Injury Limit
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$2,000,000
$1,000.000
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(b) Business Automobile Liability Insurance: Should the perfonnance of this
Agreement involve the use of automobiles, Vendor shall provide comprehensive automobile
insurance covering the ownership, operation and maintenance of all owned, non-owned and hired
motor vehicles. Vendor shall maintain limits of at least $2,000,000 per occurrence for bodily
injury and property damage combined.
(c) Workers' Compensation Insurance: Such insurance shall provide
coverage in amounts not less than the statutory requirements in the state where the work is
perfonned, even if such coverage is elective in that state.
(d) Employers Liability Insurance: Such insurance shall provide limits of not
less than $500,000 per occurrence.
(e) Professional Liability/Errors and Omissions Insurance covering acts,
errors and omissions arising out of Vendor's operations or Services in an amount not less than
S 1,000,000 per occurrence.
The insurance specified in (a) and (b) above shall: (1) name City, its officers, employees
and agents as additional insureds, and, (2) provide that such insurance is primary coverage with
respect to all msureds and additional insureds.
The above insurance coverages may be obtained through any combination of primary and
excess or umbrella liability insurance. City may require higher limits or other types of insurance
coverage(s) as necessary and appropriate.
Vendor shall provide at City's request certificates evidencing the coverages, limits and
provisions specified above on or before the execution of the Agreement and thereafter upon the
renewal of any of the policies. Vendor shall require all insurers to provide City with a fourteen
(14) day advanced written notice of any cancellation, non-renewal or material change in any of
the policies maintained in accordance with this Agreement.
8.6 Damages Cap.
(a) EXCEPT AS PROVIDED BELOW, NEITHER PARTY SHALL BE
LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, COLLATERAL,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING
LOST PROFITS , REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF
RECOVERY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES . Additionally, except as provided below, the total aggregate liability of either
Party for claims asserted by the other Party under or in connection with this Agreement,
regardless of the fonn of the action or the theory of recovery, shall be limited to Two Hundred
Six Thousand One Hundred Forty-five dollars and ninety cents ($206,145.90).
(b) Excepdoas. The limitations of liability set forth in Section 8.6(a) shall
( not apply with respect to (i) losses occasioned by the willful misconduct or gross negligence of a
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Party; or (ii) claims that are the subject of indemnification under this Agreement In addition to
the foregoing, the limitations of liability set forth in Section 8.6(a) shall not limit Vendor's
liability arising out of or related to occurrences Vendor is required to insure against pursuant to
Section 8.5, to the extent of Vendor's actual coverage under its insurance policies, or in the event
Vendor fails 10 obtain the applicable insurance policy pursuant to Section 8.5, to the extent of the
coverage required therein.
8. 7 Survival of Article VIII. The provisions of this Article VIll shall survive the
term or termination of this Agreement for any reason.
ARTICLE IX. PAYMENTS TO VENDOR
9.1 Contract Price. The total price for the purchase of the System, includina but not
limited to, the license of the Vendor Software and the Third Party Software, and the provision of
the Documentation and Services (exclusive of periodic maintenance and auppon Service
payments and other time and material Service payments which arc to be made in comidcrllion of
the performance of maintenance and support and rime and material Services) ii a fixed price of
One Hundred Twenty-six Thousand. One Huodres Forty-five Dollars IDd ninecy cmca
($126,145.90) (the "Contract Price''). Charges, prices, and fees ("Charp") IDd di9counta, if
any, for maintenance and support Services and time and material Services are• NI f'onh in the
Statement of Work, in a purchase order, or u otherwise &peed upon by the parties, un1aa
modified as set forth in this Agreement. Upon City's request, Vendor lhall provide to City
copies of records which substantiate that City bu received the Charpl and dilCOUIIII IO wbicb
City is entitled to under this Agreement. Except u cxpreuly r,rovided in Ibis ~
Vendor and City shall each bear all of its own expenses ariaina &om performance of its
obligations under this Agreement. including (without limitation) cxpcmea relalina to penonnel,
facilities, utilities, equipment. supplies, clerical and the like.
9.2 Payment; lnvolcia1.
(a) Subject to the retainage specified in the Statement of Work, City shall
make payments of the Contract Price to Vendor in the amounts and at the times specified in the
Statement of Work. With respect to all other payments which arc due from City to Vendor
hereunder, any undisputed sum due to Vendor pursuant to this Agreement shall be payable
within forty five (45) days after receipt by City of a correct invoice therefor from Vendor .
Periodic payments, if any, due to Vendor pursuant to this Agreement shall be invoiced at the
beginning of the period to which they apply. Payment for any other Services shall be invoiced•
agreed upon by the parties or, in the absence of an agreement. upon completion of such Services.
(b) A "correct" invoice shall contain (1) Vendor's name and invoice dMe. (2)
the specific purchase order number if applicable, (3) dcac:riplioft includifta ICrial ...,. •
applicable, price, and quantity of the Services actually dclivend or rwlend, <•) credila (if
applicable), (5) name (where applicable), title, phone number, and ccmplele mailillt addrw of
responsible official to whom payment is to be scn1, IDd (6) ocber 11111 s•i... · or
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information as may reasonably be required by City from time to time. A correct invoice must be
submitted to the appropriate invoice address listed on the applicable purchase order.
9.3 Taxes.
(a) City is not subject to taxation. No federal or other taxes (excise, luxury,
transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or
reimburse Vendor for any taxes attributable to the sale of any System or Services which are
imposed on or measured by net or gross income, capital, net worth. franchise, privilege, any
other taxes, or assessments, nor any of the foregoing imposed on or payable by Vendor.
(b) Upon written notification by City and subsequent verification by Vendor,
Vendor shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes
erroneously paid by City.
(c) City shall provide Vendor with, and Vendor shall accept in good faith,
resale, direct pay, or other exemption certificates, as applicable.
9.4 Modifications to Charges. Where a change in an established Charge for any of
the Services set forth in the Statement of Work is provided for in this Agreement, Vendor shall
give to City at least ninety (90) days' prior written notice of such change.
(a) Any increase in a Charge shall not occur during the first twelve (12)
months of this Agreement, during the term of the applicable purchase order or during the
specified period for performance of Services, wlµchcver period is longer. Thereafter, any
increase in a Charge shall (1) not occur unless a minimum of twelve (12) months has elapsed
since the effective date of the previously established Charge, and (2) not exceed five percent
(5%) of such Charge.
(b) All purchase orders issued by City prior to the end of the required notice
period will be honored at the then current Charges so long as the scheduled delivery date of the
Services is within ninety (90) days after the effective date of the increase.
9.5 Travel and Expenses. Vendor will be responsible for tracking and reporting all
travel costs and expenses. Travel expenses shall include only air fare, hotel, meals, airport
parking, car rental, airport transportation and an agreed upon rate for mileage to and from the
airport, which expenses will, individually, be subject to the United States government's CONUS
2005 per diem rates for Denver, Colorado (to the extent applicable to each of the above
categories). Client will be provided detailed travel quotes by Vendor prior to Vendor finalizing
any travel arrangements to Client site . A detailed explanation of the reason for travel and all
travel related costs will be provided for approval by the Client.
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ARTICLE X. TERMINATION
10.1 Termination for Coavealeace. City may lmninaac this Apc,cmcnt, or any part
hereof, for its sole convenience by giving written notice of termination lo Vendor. Upon
Vendor's receipt of such notice, Vendor shall, unleu otherwise spccified in the notice,
immediately stop all work hereunder and. to the extent pamitted under each applicable
subcontract or agreement, give prompt written notice to suppliers and IUbcontrac1on to ceac all
related work. Vendor shall be paid the price specified herein for all non-defective work
perfonned hereunder u of the date of City's termination notice, such payment to be made within
thirty (30) business days after Vendor delivers such wort to City, in its then cum:na form, &ee
and clear of all liens. Except for costs neceuary to implement City's termimbca directive,
Vendor shall not be paid for any wort done after receipt of such notice, for any COIU incurred by
Vendor's sup;,liers or subcontractors after receipt of City's termination notice, or for work which
Vendor could reasonably have avoided. Notwithstanding the foreaoina. in no event shall the
aggregate changes to be paid by City under this Section exceed the unpaid portion of the contract
price.
10.l Termiaatloa for Caaae. Except II provided below by the Section of this
Agreement titled "Termination for Non-Payment," in the event that eilber Party materially or
repeatedly defaults in the perfonnance of any of its dutiea or obliptions set forth in Ibis
Agreement, and such default is not substantially cured within thirty (30) days after written notice
is given to the defaulting Party spccifyina the defauh, then the Party not in default may, by
giving written notice them>f to the defauhin& Party, taminaae this A,n,ement or the applicable
License relating to s uch default II of a dale specified in such notice oh:rmimlion.
10.3 Tenalaatloa IGr lmelveacy or aaun,ecy. Either Party may immediaaely
terminate this Agrccmcnt by givin& written notice lo the ocher Party in the event of (1) the
liquidation or insolvency of the olber Party, (2) the appoiD1mena of a receiver or siJniS. officer
for the other Party, (3 ) an assiarunent by the ocber Party b the benefit of all or lllbmntially all
of its creditors, (4) entry by the olber Party into m apemlClll for the ccmpolition, extension, or
readjustment of all or substantially all of its obtiptions. OI' (S) the ftlina of a meritorious petition
in bankruptcy b y or agai nst the other Party under my bankruptcy or deblon' law for its relief or
reorgan ization.
10.4 Termhtatloll for Noa-hyaeaL Vendor may terminate Ibi s Agreement or a
Licen e granted hereunder if City fails to pay when due any undisputed amounts due and such
failure continues for period of sixty (60) days after the last day payment is due, 90 long 11
V ndor gi ,· City wrincn notice o f the expiraaion date of the afon:mentioned sixty (60) day
period al I t thiny ( ) days prior to the expiration date .
10.5 Teralaatioa for oa-AppnprtadN. The parties Wldcnland and acknowledge
that h Pany i ubj I to Artic le X, 20 of the Colorado Comtitulion (-rABOR·). The
Parti do not mlcnd 10 violate the terms and requirements of T ABOJl by the execution of this
gr nt. It i und rstood and p eed that this Aa,cement does DOC create a multi-fiscal year
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direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding
anything in this Agreement to the contrary, all payment obligations of Customer are expressly
dependent and conditioned upon the continuing availability of funds beyond the term of City's
current fiscal period ending upon the next succeeding December 31. Financial obligations of
City payable after the current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available in accordance with the rules, regulations,
and resolutions of City and other Applicable Law . Upon the failure to appropriate such funds,
this Agreement shall be deemed terminated.
10.6 Termination of Vendor Software License. City may terminate any License for
any reason by providing written notice to Vendor. 1f City elects to so terminate a License, City
shall return to Vendor or, at City's option, destroy, all copies of the Vendor Software and
Documentation in City's possession which are the subject of the terminated License, except as
may be necessary for archival purposes. 1n such event. Vendor shall refund to City a prorated
amount, calculated as of the date of termination, of my prepaid charges for support Services for
the Vendor Software, with the following provisiom :
1f the License is terminated after three (3) months from the beginning of the
period for which the prepaid charges apply, no more than one-half(l/2) of the
prepaid charges will be refunded;
If the License is terminated after six (6) months from the beginning of the
period for which the prepaid charges apply, no more than one-quarter (1/4) of
the prepaid charges will be refunded;
If the License is terminated after nine (9) months from the beginning of the
period for which the prepaid charges apply, none of the prepaid charges will
be refunded;
10.7 Riptl Upoa Termiaadoa. Unless specifically terminated as set forth in this
Article, all Licenses (uid City's right to use the Vendor Software in accordance with such
Licenses) and purchase orders which require performance or extend beyond the term of this
Agreement shall, at City's option, be so performed and extended and shall continue to be subject
to t~e tenns and conditions of thi s Agreement.
ARTICLE XI. MISC ELLANEOUS
11.I Billdillt ·a .. re. Autaameat, and Subcoatncting. This Agreement shall be
bind ing on the paru and their respecti ve successors in interest and assigns, but Vendor shall not
have the po "'cr to ig:n this Agreement or subcontract performance of any Services without the
pri or, written c nscnt of Cit y. If Vendor subcontracts or delegates any of its duties or obligations
o f pe rformance in th1 a,eement or in a purchase order to any third party, Vendor shall remain
full y rcspo 1ble for mplete performance of all of Vendor's obligations set forth in this
Agrccm nt r in uch purchase order and for any such third party's compliance with the non-
disclo urc and confidentiality provi sions set forth in this Agreement.
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11.2 Counterparts. This Agreement may be executed in several counterparts, all of
which taken together shall constitute one single agreement between the parties.
11.3 Headings. The Article and Section headings used in this Agreement are for
reference and convenience only and shall not enter into the interpretation hereof.
11.4 Relationship of Parties. Vendor is performing pursuant to this Agreement only
as an independent contractor. Vendor has the sole obligation to supervise, manage, contract,
direct, procure, perform or cause to be performed its obligations set forth in this Agreement.
except as otherwise agreed upon by the parties. Nothing set forth in this Agreement shall be
construed to create the relationship of principal and agent between Vendor and City. Vendor
shall not act or attempt to act or represent itself, directly or by implication. as an agent of City or
its affiliates or in any manner assume or create, or attempt to assume or create, any obligation on
behalf of, or in the name of, City.
11.5 Confid entiality. Vendor acknowledges that in the course of performance of its
obligations pursuant to this Agreement. Vendor may obtain confidential and/or proprietary
information of City or its residents or contractors. "Confidential lnfonnation" includes:
information relating to development plans, costs, finances, equipment configurations, data,
access or security codes or procedures utilized or acquired; personnel information; resident
information; contractor information; any information designated as confidential in writing or
identified as confidential at the time of disclosure if such disclosure is verbal or visual; and any
copies of the prior categories or excerpts included in other materials created by Vendor. Vendor
hereby agrees that all Confidential Information communicated to it by City, its agents or
employees, whether before or after the Effective Date, shall be and was received in strict
confidence, shall be used only for purposes of this Agreement. and .shall not be disclosed by
Vendor, its agents or employees without the prior written consent of City. This provision shall
not apply to Confidential Information which is (1) already known by Vendor without an
obligation of confidentiality, (2) publicly known or becomes publicly known through no
unauthorized act of Vendor, (3) rightfully received from a third party (other than a City
employee or agent) without obligation of confidentiality, (4) disclosed without similar
restrictions by City to a third party, (5) approved by City for disclosure, or (6) required to be
disclosed pursuant to a requirement of a governmental agency or law so long as Vendor provides
City with timely prior written notice of such requirement. Except with respect to Vendor
Software, which shall be governed by the Section of this Agreement titled "Non-Disclosure,"
information received by City from Vendor shall only be considered proprietary and/or
confidential after a separate agreement in the form of Exhibit C, attached hereto, has been
executed by a duly authorized representative of each Party for the specific purpose of disclosing
such information. The provisions of this Section shall survive the term or termination of this
Agreement for any reason .
11.6 Media Releases. Except for any announcement intended solely for internal
distribution by Vendor or any disclosure required by legal, accounting, or regulatory
requirements beyond the reasonable control of Vendor, all media releases, public
announcements, or public disclosures (including, but not limited to, promotional or marketing
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( material) by Vendor or its employees or agents relating to this Agreement or its subject matter,
or including the name, trade mark, or symbol of City, shall be coordinated with and approved in
writing by City prior to the release thereof. Vendor shall not represent directly or indirectly that
any Vendor Software or Service provided by Vendor to City has been approved or endorsed by
City or include the name, trade mark, or symbol of City on a list of Vendor's customers without
City's express written consent.
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11.7 Labor. Vendor shall comply with any labor jurisdictions applicable to Vendor's
performance _i>ursuant to this Agreement and shall cooperate with City in resolving any disputes
resulting from any jurisdictional or labor claims or stoppages. Upon request by Vendor, City
shall provide to Vendor clarification and guidelines regarding relationships with labor and
Vendor's responsibilities with respect thereto.
11.8 Notices; Project Managen.
(a) Wherever one Party is required or permitted to give notice to the other
pursuant to this Agreement, such notice shall be deemed given when delivered in band. when
mailed by registered or certified mail, return receipt requested, postage prepaid, when sent by a
third party courier service where receipt is verified by the receiving Party's acknowledgment, or
sent by facsimile (provided that any notice sent by facsimile shall be confirmed by written notice
dispatched by mail or courier service as provided above within three (3) days following facsimile
transmittal), and addressed as follows:
In the case of City:
Englewood Safety Services Department
3615 S. Elati St.
Englewood, CO 80110
303-762-4 72
Fax: 303-781-8162
Attn: Trina Everhart-Research and Technology Manager
with a copy to:
Office of the City Attorney
City of Englewood
1000 Englewood Pkwy
Englewood, CO 80 I 0.
303 -762-2320
Fax : 303-783-6892
Attn: City Attorney Dan Brotzman
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In the case of Vendor:
logistic Systems, Inc.
3000 Palmer Street
Missoula, MT 59808
Fax: (406) 728-8754
Attn: Hien Q. Nguyen
Either Party may from time to time change its address for notification purposes by
giving the other Party written notice of the new address and the date upon which it will become
effective; first class, postage prepaid, mail shall be acceptable for provision of change of address
notices .
(b) Project Managers shall be as follows:
In the case of the City:
In the case of Vendor:
Trina Everhart -Software fimctionality, business
process issues, and mobile computing
Kevin Joseph -IT infrastructure issues (networks
and servers)
Joe Lawson
11.9 Severability. If, but only to the extent that, any provision of this Agreement is
declared or found to be illegal, unenforceable, or void, then both parties shall be relieved of all
obligations arising under such provision, it being the intent and agreement of the parties that this
Agreement shall be deemed amended by modifying such provision to the extent necessary to
make it legal and enforceable while preserving its intent If that is not possible, another
provision that is legal and enforceable and achieves the same objective shall be substituted. If
the remainder of this Agreement is not affected by such declaration or finding and is capable of
substantial perfonnance, then the remainder shall be enforced to the extent permitted by law.
11.10 Waiver. Any waiver of this Agreement or of any covenant, condition, or
agreement to be perfonned by a Party under this Agreement shall (1) only be valid if the waiver
is in writing and signed by an authorized representative of the Party against which such waiver is
sought to be enforced, and (2) apply only to the specific covenant, condition or agreement to be
perfonned, the specific instance or specific breach thereof and not to any other instance or breach
thereof or subsequent instance or breach. ·
11.11 Remedies. All remedies set forth in this Agreement, or available by law or equity
shall be cumulative and not alternative, and may be enforced concurrently or from time to time.
11.12 Survival of Terms. Termination or expiration of this Agreement for any reason
shall not release either Party from any liabilities or obligations set forth in this Agreement which
(I) the parties have expressly agreed shall survive any such termination or expiration. or (2)
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( remain to be performed or by their nature would be intended to be applicable following any such
termination or expiration.
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11.13 Nonei:cluslve Market and Purcbue RJgbts. It is expresmy understood and
agreed that this Agreement does not grant to Vendor an exclusive right to provide to City any or
all of the Vendor Software and Services and shall not prevent City from developing or acquiring
from other suppliers computer software programs or services similar to the Vendor Software and
Services. Vendor agrees that acquisitions by City pursuant to this Agreement shall neither
restrict the right of City to cease acquiring nor require City to continue any level of such
acquisitions . Estimates or forecasts furnished by City to Vendor prior to or during the term of
this Agreement shall not constitute commitments.
11.14 GOVERNING LAW AND VENUE. THE RIGHTS AND OBLIGATIONS OF
THE PARTIES UNDER THIS AGREEMENT SHALL NOT BE GOVERNED BY THE
PROV1SIONS OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR
THE INTERNATIONAL SALE OF GOODS. RATHER THESE RIGHTS AND
OBLIGATIONS SHALL BE GOVERNED BY THE LAWS, OTHER THAN CHOICE OF
LAW RULES, OF THE STATE OF COLORADO. VENUE FOR ANY ACTION ARISING
UNDER THIS AGREEMENT OR FOR ENFORCEMENT OF THIS AGREEMENT SHALL
BE IN THE APPROPRIATE COURT FOR ARAPPAHOE COUNTY, COLORADO.
11.15 Discrepancy and Omiulons. If anything necessary for the clear understanding
of the Services has been omitted from the Agreement specifications or it appears that various
instructions are in conflict, Vendor shall secure written instructions from City's project director
before proceeding with the performance of the Services affected by such omissions or
discrepancies.
11.16 Entire Agreement. This Agreement constitutes the entire and exclusive
statement of the agreement between the parties with respect to its subject matter and there are no
oral or written representations, understandings or agreements relating to this Agreement which
ace not fully expressed in the AgreemenL This Agreement shall not ~ amended except by a
written agreement signed by both parties. All exhibits, documents, and schedules referenced in
this Agreement or attached to thi's Agreement, and each purchase order are an integral part of this
Agreement. In the event of any conflict between the terms and conditions of this Agreement and
any such exhibits, documents, or schedules, the terms of this Agreement shall be controlling
unless otherwise stated or agreed. Any other terms or conditions included in any shrink-wrap
license agr, ,ments, quotes, invoices, acknowledgments, bills of lading, or other forms utilized or
exchanged by the parties shall not be incorporated in this Agreement or be binding upon .the
parties unless the parties expressly agree in writing or unless otherwise provided for in this
Agreement.
IN WITNESS WHEREOF, Vendor and City acknowledge that each of the provisions of
this Agreement were expressly agreed to and have each caused this Agreement to be signed and
delivered by its duly authorized Oilicer or representative as of the Effective Date.
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Sent By: LOOI8TIC 8Y8TEll8; 400 72t875'; Jul·27·05 1:11PM; P1g1 2/2
Tide: __________ ,
ATlliST:
By:
Tide _!.,J~~~WJ......JCll,A.,.":11:.-~
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CAD Server
SCHEDULE 1.2(1)
LISTING OF EQUIPMENT
Brand Name Box (Dell. IBM, Compaq, NEC, HP, Gateway, Micron)
Acceptable Backup Device
1 GB RAM or more
Dual Pentium 2.4GHz or faster Processors
Two Separate Data Channels Of Internal Data Protection (mirroring. RAID, etc.):
-one channel for OS, apps & CAD with minimum 18GB available after mirroring/RAID -35GB
recommended
--one channel for database with minimum 70GB available after mirroring/RAID -120GB
recommended
All Drives 1SK SCSI
VNC Server ..:,r PCAnywhere Host
S6Kbps Modem And Phone Line Or High-Speed Internet Access (for LogiSYS Support
connection)
Windows 2000 Server or Windows 2003 Server
!Gbps NIC
1 OOMbps or faster NIC
RMS Server
Brand Name Box (Dell. IBM, Compaq, NEC, HP, Gateway, Micron)
Acceptable Backup Device
1 GB RAM or more
Dual Pentium 2.4GHz or faster Processors
Two Separate Data Channels Of Internal Data Protection (murorina, RAID, etc.):
--one channel for OS, apps & CAD with minimum 18GB available after mirroring/RAID -35GB
recommended
--one channel for database with minimum 70GB available after mirroring/RAID -120GB
recommended
All Drives 1 SK SCSI
VNC Server or PCAnywbere Host
56Kbps Modem And Phone Line Or High-Speed Internet Acceu (for LogiSYS Support
connection)
Windows 2000 Server or Windows 2003 Server
!Gbps NIC
I OOMbps or faster NIC
( One I Gbps crossover cable to connect the two servers to each other via die Gbps NICa
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SCHEDULE 1.2(1)
SITE SUPPORT REQUIREMENTS
Customer's existing site conditions are adequate to support the work to be undertaken under this
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SCHEDULE 1.l(p)
THIRD PARTY SOFl'WARE
MKS NuTCRACKER v8. 7 PL3
MKS XVision v7.31
Legato Fulltime Autostart SE v5.1.2 P1
Symantec PC Anywhere v11.5
For LOGISYS FirstReport:
Easy Street Draw by Trancite Software v3.0.8.0
IBM DB2 for Workgroup and Personal Edition v8.2
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SCHEDULE J.l(q)
VENDOR SOFTWARE
See Section 2 of the Statement of Work-Section l.2(s).
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SCHEDULE l.2(1)
STATEMENT OF WORK
See attached document of 27 pages.
Sdleclllle 4.'(d)
SOURCE CODE ESCROW AGREEMENT
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• Ser:it By: LOOI8TIC 8Y8TEll8• -----·-. ,011 721175'; Jul-11-05 ,:21P11; P1g1 2
(
FIE MEMORANDUM t
TO; Elcruw Am'OOn.a for 1.optic Sytt Inc . ml ______ _
$100.00
Am1:..SV1aultina Chirp s 80.00
Updale or Accea Cbarp S U.00 .'
,. S 50.00
2. roprdiag illftllloly otilmll pa-ia llCIOW wiU: crow..-bllpec:dla otitaal belcl m mow aball be '
ud £SCROW AOENT.
3. Elcrow aaeat directed to bill 1be fbllowiag eality &Ir ill-. .-aaily:
---------• •
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Sent ly: LOOISTIC SYITEIM;
..
.c--..-c,._ __ ....,. ................ s..,.,,,. ... ..., ..... ......
...... .,Dillllll, .............. ..., ............... _ ... ...
_____ ...., _________ ,
--::::.:...--=-.:::.=.:::(ho)-=-.::.:=:~. __ ,....., ___ ,.... ____ .. _.....,.., ..
.... __ .... _,,,_ '1111-......... -........
DATID ______ -+----·211 ___ OA'QD _________ ...... »---_ _.A-..fl...,.._•,._ c-. _ ... _..._
1oi:-o.,.-,...., ........... .-..-.
------··--Ir:---------+----
Ne ---------1-----
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&ant ly: LOCIIITIC IY8Taa • ---·-.
a= Bank
•oe 72N7s.;
M1SSOU1..A Ol'flCE
P.O . Box 4667
Mlarula, MT 59II06
I •III0-700-58611
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JU1 ·11·0I ·=-; "890 I
------
Pl~l'Alm': --·---------------·---------+-----
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Sl!CONI> PAD'Y: ---•---------------------· ,. .....,..__jW,0 ...... _-11 __ -;-_
.......................... llffl!IIS001!1AN1t......... . _ _,_ ..................................... ..
1. ___ _ '·---------,-----
1 ____ --t~---------~---·------'4 '·---· ......;;._. _____ ---7.
------L---------...--..---IO_.._.,. ................ of ................ ..
AU.1'11111 Ad 111818t'T'IO CIIANQII ON JO DAYS ................ u.s.-.--....... -......... .,, .......
NOT ACf AS OJU.IIC'T10N AGINT l'Ol llffl!D Mla'Y. Ila w111 .............. ....,. ........ _ ...... __ _ ....... _...s..,. .. -........... ,,, .. ..,_. '
'------~-----.......... ··-----_.,,,. '---------.,.,...,..._ II.GOY __ N_
Tolll...,.. s . ------___ .. ,._ ......... ,_, __________ _ ..................... .._ ......... ._ ... ----·-...--«---~-"~~I'!'!"""~ =-.~-----_.. ...... """ ..... ___ ._ .............. ,......
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MYM!l'lr~ UCl!IVl!D M l'OU.OWS:
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SCHEDULE 7.4
DEVELOPMENT SERVICES
l. Developed Vendor Software. "Developed Vendor Software" means computer
software programs and interfaces, including Development Documents (as later defined in this
Agreement), developed or to be developed by Vendor and/or Employees pursuant to this
Agreement.
2. Provision of Development Services. Vendor shall perform development Services
to the extent agreed upon by the parties for a particular City project (the "Projectj. With respect
to each Project, the parties shall agree in writing upon supplemental terms and conditions
applicable to the performance of the Project including, for example and without limitation. (i) a
price and milestone payment schedule, (ii) a Project performance schedule, including the
appropriate work steps and phases, (iii) Specifications, (iv) functional and detailed design
specifications, and (v) a schedule of those items or tasks to be performed by Vendor which must
be approved by City or performed to the satisfaction of City ("Deliverables''). TI1e terms and
conditions established for a Project shall be incorporated in this Agreement, and may be
amended upon the mutual written agreement of the Project Managers (as later defined in this
Agreement). The Section of this Agreement titled "Time and Materials Services" shall also
apply to the Project if the development Services are performed on a time and materials basis.
3. Project Management. For each Project, Vendor and City shall each designate a
project manager (the "Project Managers'') who shall have the responsibilities set forth in this
Exhibit and as otherwise agreed upon by the parties. Each Project Manager shall be responsible
for providing timely management decisions as required or requested relating to the Project.
From time to time at the request of the City Project Manager, the Vendor Project Manager shall
provide to the City Project Manager a written report of the status of the Project. ,
4. Approval of Deliverables. The supplemental Project terms and conditions shall
establish time frames for the acceptance process of Deliverables; any reference to dates or time
· periods in this Section shall mean the dates mutually agreed upon by the parties in, or determined
in accordance with, such terms and conditions. The Vendor Project Manager shall submit each
Deliverable IQ the City Project Manager on or before the specified delivery date. Within the
established time frame, City shall approve or disapprove the Deliverable by providing written
notice to Vendor. City shall describe in any disapproval the ways in which the Deliverable fails
to conform to the established requirements and/or the Specifications for the Project or portion
thereof; City may also suggest corrections or improvements which may cause the Deliverable to
meet such standard. Vendor shall resubmit the Deliverable to City for approval as provided in
this Section, within the established cure period. City may extend the period of time for
resubmission of the Deliverable if Vendor submits a written request outlining the specific
reasons why Vendor cannot comply with the requirements together with Vendor's proposed
alternative schedule for resubmission of the Deliverable. Vendor may submit draft versions of a
Deliverable iJrior to the required date for the infonnal comment of the City Project Manager.
City's approval of a Deliverable only indicates that City has reviewed the Deliverable and
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detected no errors or omissions sufficient enough to wammt the withholding or denial of
payment, if any, for such Deliverable. City's approval of a Deliverable docs not discharge
Vendor's obligation to provide a completed Developed Vendor Software that as a whole
conforms to the Specifications.
5. Acceptance Testing Procedures. In connection with each Project, the parties shall
mutually agree upon appropriate acceptance testing criteria and procedures for the Developed
Vendor Software if needed as determined jointly by City and Vendor. The applicable acceptance
testing criteria and procedures must be successfully satisfied and performed prior to City's
acceptance of the Developed Vendor Software. If any defects or deficiencies arc discovered
during acceptance testing, City shall so notify Vendor, and Vendor shall have thirty (30) days
from receipt of such notice to correct the deficiencies. If necessary, Vendor and City may
mutually agree upon an additional time period in order to continue acceptance testing of the
corrected Developed Vendor Software. For purposes of an item of Developed V cndor Software,
the term "Acceptance Date" shall mean the date when the Developed Vendor Software
successfully satisfies the applicable acceptance testing criteria. Acceptance of an item of
Developed Vendor Software docs not waive any wammty rights provided in this Agreement for
Developed Vendor Software.
6. Change Orders. By providing written notice to the Vendor Project Manager, City
may request Vendor to perform additional work or changes within the general scope of the
Project and Vendor agrees to perform such work or changes. If a change causes an increase or
decrease in the price or time required for performance as mutually determined by the Project
Managers, a negotiated adjustment shall be made in the Project price and/or performance
schedule. Changes outside the general scope of the Project shall be governed by the ·following
Section.
7. Additional Work. By providing written notice to the Vendor Project Manager,
City may request Vendor to perform additional Services outside the general scope of a Project.
At its option, Vendor may submit, at no charge to City, a written proposal for such Services
including a price/cost proposal, expenses related to travel, lodging and meals. a delivery
schedule, and any other information reasonably related to such request. Within a reasonable time
period requested by Vendor, City shall accept or reject such proposal. If Vendor chooses not to
provide a proposal in response to City's request, Vendor shall promptly notify City.
8. Remedies for Failure to Perform. For the purpose of this Section, "Project"
means a specific , well-defined task as outlined in the Statement of Work. If Vendor defaults in
the performance of a Project City may, in its sole discretion, elect to (i) terminate the Project,
ret urn to Vendor all Development Documents and receive a refund from Vendor of all amounts
paid to Vendor with respect to the Project, (ii) enter into a joint development effort with Vendor
to complete the Project at no additional charge to City, (iii) extend the time for Vendor
performance at no additional charge to City, (iv) continue development itself or in connection
with a third party, and/or (v) terminate the Project. The foregoing remedies do not constitute
exclusive remedies . In the event City elects to continue development efforts itself, or to continue
development efforts with the involvement of a third pany, Vendor shall provide to City all
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Vendor proprietary or other infonnation reasonably required to complete such development.
City agrees that any third parties pursuing such deve opment with City shall agree to comply
with non-disclosure and confidentiality provisions to protect Vendor's infonnation. City may
use the information as necessary in order to complete the Project.
9 . Rights Upon Project Completion. Upon completion or tennination of a Project
for any reason, Vendor shall provide to City all copies of all Developed Vendor Software and
Development Documents, whether comp1etcd or partially completed, ( except if City elects (i) in
the previous Section) and shall return to City any and all copies of all infonnation provided by
City to Vendor in cormcction with the Project. City shall be entitled to obtain maintenance and
support Services for Developed Vendor Software under the Sections governing support of
Vendor Software.
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SCHEDULE 7.5(a)
SYSTEM SUPPORT AND MAINTENANCE
1. Obligations. Maintcnancc of and support for the System as required in
connection with this Agreement shall be provided to City in accordance with the provisions of
this Schedule 7.S(a).
2. Availability. Vendor sbalJ provide maintenance and support for Critical failures
(defined below) 24 hours a day, 7 days a week.
3. City Point-of-Contact (POC). City shall designate one primary point-of-contact
(and one back-up -to be used when the primary point-of-contact is unavailable) through which
all support requests sbalJ be fiumeled. This desipation sbalJ be made, in writing. within 1 O
working days after contract execution; provided however, that if City does not designate a POC,
all support requests sbalJ be fiumcled through City's Research and Technology Manager, Safety
Services Department. Changes to the POC list will be made, in writing. by an authorized City
representative. Additional POCs sbalJ be available through special ammgements with Vendor.
4. Version Support. Vendor Software maintenance support provided by Vendor
shall be for (i) the most cumnt revision level of the most cumnt production version and (ii)
previous production versions for a minimum of 12 months after the previous version is
superseded. Support for earlier production releases is available via a customized support
agreement with Vendor.
S. Communication Mechanism. Communications between City and Vendor will
include:
• Electronic mail
• Facsimile Telephone
Telephone
• Internet/Web Page
The V cndor support mail address is 3000 Palmer Street, MiSIOllla, Montana 59808. The
Vendor fax number is (406) nS-8754 and should be addreued to tbe Vendor technical support
organization. The technical support telephone is (800) S64-4797 (~LOGISYS) and will be
staffed by a customer technical support representative durina the hours of 06 :00 AM to 06:00
PM Mountain Time for Records Manapment System (RMS) i--. and 24-houn, 7-days per
week for Computer Aided Dispatch (CAD) issues. Vo~ mail shall be provided for back-up
when the line is busy. Pager support shall be provided after hours support for rcportina Critical
and Major failures . In addition, durina normal buaincsa houn, City has tbe option to lnnlf'er to
the Vendor receptionist in the e\'ent of urpnt tcchnical support requiremenla. City will inform
the receptionist that urgent technical support is required. The receplioaill will w baa effcrta to
connect the caller with an appropriaae cmtomer technical support n,prelClllativc.
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6. Vendor Software Deficiencies. Vendor defines a Vendor Software Deficiency as
an event whereby the Vendor Software does not perform as documented or documentation is
incorrect. The policies described in this Schedule 7.S(b) apply to the Vendor Software.
7. Support Staffing and Responsibilities. Requests for support are taken by a
technical support representative who records the information as described in Section 8 below. If
the technical support representative is unable to immediately resolve the problem. the problem is
assigned to support engineering. The technical support representative is also responsible for
monitoring the progress of deficiency resolution and reporting that progress to City as required.
8. Reporting Deficiencies. During the initial contact with City, the customer
technical support representative will verify that a valid support contract exists. In order to
accelerate Vendor's response to the reported deficiency (the "Deficiency Notification''), City
should have the following information available:
• Contactinfonnation
• Description of the problem
• Suggested deficiency classification
If the Deficiency Notification is not resolved during the initial contact, the Vendor customer
technical support representative shall respond to City after submission of the Deficiency
Notification by providing City with:
• The call tracking number for the Deficiency Notification
• The Deficiency Classification (defined in Section 9 below) initially usigned to the
Deficiency Notification (Classifications may change during the resolution)
• An estimated time frame for problem rcsoiution, or more likely on the initial call. a plan
for continued contact until a better estimate for resolution and/or actual resolution can be
provided. Callbacks will be based upon the Deficiency Classification.
9 . Deficiency Classification. Vendor, with the concmrence of City, shall clusify each
deficiency reported in a Deficiency Notification according to the following deficiency criteria:
Critical
Major
Cri tical Business Impact, production system do wn. Fatal condition which precludes
significant useful work from being done., or, in the judgment of City, significan&ly
precludes developer and/or end-user operations or C8UICI continuous unscheduled
downtime of a production system. Any failure of the CAD elements of the System
shall hr <iccmed Critical.
S ignificant Business Impact, important features are unavailable with no acccpCable
workaround . City development or productioo opcntiom are ICriously impaired.
Howev er, end-users are operational due to a worbrouNl.
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Minor
Warning
Informational
Some Business Impact, important system features unavailable but workaround
available or leas significant features unavailable with DO reaonable workaround.
Degradation condition which causea program or system failure, C8Ulell misleading
or incorrect output, causes function to not execute u documented, and/or disables
one or more nonessentitl functiOlll.
Minimal Business Impact. Impairment condition which causes Ulel' confusion
and/or impairs one or more nc.mcasential, but desirable, functions, including
functionally incomct documentalion. Workaround ii awkward, but does not impair
operations. Condition causea minimal or com:netic deficiencies.
Information or c:mbaoccmmt request. Explanation of a feature(•) requated or a
Vendor Software c::nbanc:ement requested.
10. Deficiency Comction RcquinmaD. Upon receiving a Deficiency Notification from City,
Vendor shall provide reaponw to the Deficiency Notification a apeciJied in the table below. City 1DU8t
either provide on-line acceu to a system where the deficiency can be reproduced or agl'eO to cloae the
problem. Fint level rapome shall be within the time hrne deac:ribed in the tu. column. Second level
n:spome, or the respome n,quired for deficiency reaolution, shall follow the requirrmenla dmc:ribed in the
second column. For example, if Vendor ii unable to reproduce the deficiency on the moat current
maintenance releue of the Vendor Software, Vendor will adviae City to uppade to the current
maintenance releue prior to commencing deficiency reaolution. Final level reapome will be provided DO
less frequently than once a year.
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Deftdeacy ClUHI F1ntLevel1 Secoad 1.ever PlaalLevel
Critical 2 hours Comtant effort until The Vendor will
relief provided or until continue to make
Deficiency reduced to every effort to resolve
minor lllatUa. J any inconaistencies
Deficiency remedied that may be found in
within 12 hours after its aoftware. All
initial notification, or rcaolutiona will be
as IOOll as pomble made available in the
with or using all Vendor's next
reasonable means IChcduled aoftware
available to the releue.
Vendor for rcaolution.
Major 4bours COllllant effort until The Vendor will
relief provided or until continue to make
Deficiency reduced to every effort to rcaolve
minor lllatUa. J any inconsistencies
Deficiency remedied that may be found in
within 24 hours after its aoftware. All
initial notification, or rcaolutiona will be
as IOOll as poaable made available in tho
with Vendor's best Vendor's .met
efforts IICbeduled aoftware
release.
Minor Three (3) business Deficiency remedied The Vendor will
days within ten (10) c:oatinue to make
business days, or a every effort to rcaolve
IOOll • pom"ble wi1h any incomistcncies
Vendor's best efforts tbat may be found in
its aoftware. All
rcaolutiona will be
' made available in the
Vendor's next
ICbeduled aoftware -release.
Warning One(l)week Deficiency remedied The Vendor will
within two (2) weeks, continue to make
or u IOOll • poaible every effort to reeolve
with Vendor's best any inoonliltmcies • • efforts tbat may be found in
its aoftware. All
rcaolutions will be
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made available in the
Vendor's next
scheduled software
release.
Informational One(l) week Deficiency remedied The Vendor will
within four (4) weeks, continue to make
or u soon u possible every effort to resolve
with Vendor's best any inconsistencies
efforts that may be found in
its software. All
resolutions will be
made available in the
Vendor's next
scheduled software
release.
I First level response means that a Vendor engineer or other tec:lmical staff will contact Cit)
within the time frame specified via telephone communication or u otherwise appropriate under the:
circumstances.
2 Second level response means V enc:lor will provide a workaround. fix, or patch implementin@
~e deficiency correction within the specified time frame which alleviates the difficulty but bu DOI
~et been fully tested or incorporated in a release within the Second Level time frame.
~ However, when Vendor is unable to duplicate a deficiency, remedial action cannol
~mmence until Vendor bas received magnetic or electronic media and/or acc:csa to the relatccl
~omputer systems from Licensee exhibiting the enor, and, in such cases, the schedules set forth iJi
Ws Section shall apply only following Vendor's receipt of such media, equipment, and/or accesa.
11. Patch Distribution and Quality. In all cues where pouiblc, Vendor sball provide
patches and workarounds on-line. Vendor shall conduct deficiency correction validation tests
(on a standard base level system) and regression testing for patch compalibility prior to sending
the same to City.
12 . Final Level Distribution and Quality. Final level deficiency conectiona will be
distributed via magnetic media. Vendor shall conduct test quality auurancc measurementa on
the Final Level deficiency correction release sufficient to demoOllnle that each reported
deficiency has been rectified and that the Vendor Software continue to meet the Specifkaliona in
all material aspects.
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EXHIBIT A
NON-DISCLOSURE AGREEMENT
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THIS NON-DISCLOSURE AGREEMENT, dated 2005, is between
LOGISTIC SYSTEMS, INC., a Montana Corporation ("Vendor"), and THE CITY OF
ENGLEWOOD, COLORADO, a Colorado municipal corporation ("City").
WITNE SSETH:
WHEREAS, Vendor may provide information to City in connection with the business
purposes described in Schedule A. attached hereto, (the "Business Purpose") and Vendor desires
City to keep certain of such information confidential; and
WHEREAS, in consideration of the disclosure of such information to City, City is
willing to keep such information confidential in accordance with the terms and conditions set
forth in this Non-Disclosure Agreement;
NOW, THEREFORE, City and Vendor hereby agree as follows:
1. Information. As used herein, "Information" shall mean both (i) written
information received by City from Vendor which is marked or identified as confidential, and (ii)
oral or visual information identified as confidential at the time of disclosure which is
summarized in writing and provided to City by Vendor in such written form promptly after such
oral or visual disclosure.
2. Confidentiality. City may usc Information received under this Non-Disclosure
Agreement, and may provide such Information to its employees and contractors for their use.
only in connection with the Business Purpose. City agrees that. subject to the requirements of the
Colorado Open Records Act, CRS Section 24-72-101 et. seq., for a period of five (S) years from
receipt of Information. City will treat the Information with the same degree of care and
confidentiality which City provides for similar information belonging to City which City does
not wish disclosed to the public, but not less than reasonable care. The foregoing shall not
prevent City from disclosing Information which is (i) already known by City without an
obligation of confidentiality, (ii) puhlicly known or becomes publicly known through no
unauthorized act of City, (iii) rightfully received from a third party without obligation of
confidentiality, (iv) independently developed by City without usc of the Information, (v)
disclosed without similar restrictions by Vendor to a third party, (vi) approved by Vendor for
disclosure, or (vii) required to be disclosed pursuant to a requirement of a governmental agency
or law so lon g as City provides Vendor with timely prior written notice of such requirement.
Any contractors of the City to be granted access to Vendor Information must sign a non-
disclosure agreement and must receive written authorization from Vendor prior to gaining
access.
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3. Retara of IDformatlon. Upon completion of the Business Purpose and upon the
written request of Vendor, City shall return all copies of the Information to Vendor or certify in
writing that all copies of the Information have been destroyed. City may return the Information,
or any part thereof: to Vendor at any time.
4. Disclaimer of Warranty ud Limitation of LlabWty. Vendor makes no
warranty, express or implied, with respect to the Information. Neither party shall be liable to the
other hereunder for amounts representing loss of profits, loss of business, or indirect,
consequential, exemplary, or punitive damages of the other party in conncc:tion with the
provision or use of the Information hereunder.
S. No Fartller Ripa. Nothing contained in this Non-Disclosure Agreement shall
be construed as granting or conferring any rights by license or otherwise in the Information
except as provided hereunder.
6. No Commitment. The parties expressly agree that the provision of Information
under this Non-Disclosure Agreement and discussions held in connection with the Busincu
Purpose shall not prevent City ftom pursuing similar discussions with third parties or obligate
City to continue discussions with Vendor or to take, continue or forego any action relating to the
Business Purpose. Any estimates or forecasts provided by City to Vendor shall not constitute
commibnents.
7. Media Releues. All media releases and public announc:cmcnts or disclosures by
Vendor relating to this Non-Disclosure Agreement, its subject matter or the Business Purpose
shall be coordinated with and approved by City in writing prior to the release thereof.
8. MJKellueoaa. Any notices required by this Non-Disclosure Agreement shall be
given in hand or sent by first class mail to the applicable address set forth in Schedule A. The
parties agree that this Non-Disclosure Agreement and any attachments hcn:to (i) arc the
complete and exclusive statement between the parties with respect lo the protection of the
confidentiality of the Information, (ii) supersede all related disc:ussiona and other
communications between the parties, (iii) may only be modified in writing by authorized
representatives of the parties, and (iv) SHALL BE GOVERNED BY TIIE LAWS, OlHER
THAN CHOICE OF LAW RULES, OF TIIE STATE OF COLORADO.
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IN WITNESS WHEREOF, City and Vendor have each caused this Non-Diaclosurc
Agreement to be signed and delivered by its duly authorized officer or reprcsentativ~, all u of
the date first set forth above.
CITY OF ENGLEWOOD, COLORADO
Title: _____________ _
ATTEST:
City Clerk
I.OGISTIC SYSTEMS, INC.
By. _______________ _
Title:--------------
41
C SCHEDULEA
BUSINESS PURPOSE AND NOTICES
Business Pwposc:
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Addresses for Notices:
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with a copy to:
Vendor:
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EXHIBITB
NON-DISCLOSURE AGREEMENT
THIS NON-DISCLOSURE AGREEMENT, dated 200_, is
between THE CITY OF ENGLEWOOD, COLORADO, a Colorado municipal
corporation ("City") and LOGISTIC SYSTEMS, INC. ("Vendor").
WITNESS ETH:
WHEREAS, Vendor may provide information to City in connection with the
business purposes described in Schedule A, attached hereto, (the "Business Purpose")
and Vendor desires City to keep certain of such infonnation confidential; and
WHEREAS, in consideration of the disclosure of such information to City, City
is willing to keep such information confidential in accordance with the terms and
conditions set forth in this Non-Disclosure Agreement;
NOW, THEREFORE, City and Vendor hereby agree as follows:
1. Information. As used herein, "Infonnation" shall mean both (i) written
information received by City from Vendor which is marked or identified as confidential,
and (ii) oral or visual information identified as confidential at the time of disclosure
which is summarized in writing and provided to City by Vendor in such written fonn
promptly after such oral or visual disclosure.
2. Confidentiality. City may use Infonnation received under this Non-
Disclosure Agreement, and may provide such Information to its employees and
contractors for their use, only in connection with the Business Purpose. City agrees that,
subject to the requirements of the Colorado Open Records Act, CRS Section 24-72-101
et. seq., for a period of five (5) years from receipt of Information, City will treat the
Information with the same degree of care and confidentiality which City provides for
similar information belonging to City which City does not wish disclosed to the public,
but not less than reasonable care. The foregoing shall not prevent City from disclosing
Information which is (i) already known by City without an obligation of confidentiality,
(ii) publicly known or becomes publicly known through no unauthorized act of City, (iii)
rightfully received from a third party without obligation of confidentiality, (iv)
independently developed by City without use of the Information, (v) disclosed without
similar restrictions by Vendor to a third party, (vi) approved by Vendor for disclosure, or
(vii) required to be disclosed pursuant to a requirement of a governmental agency or law
so long as City provides Vendor with timely prior written notice of such requirement.
Any contractors of the City to be granted access to Vendor Information must sign a non-
disclosure agreement and must receive written authorization from Vendor prior to
gaining access .
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3. Return of Information. Upon completion of the Business Purpose and
upon the written request of Vendor, City shall return all copies of the Information to
Vendor or certi , w writing that all copies of the Information have been des1royed. City
may return the Information, or any part thereof, to Vendor at any time.
4. Disclaimer of Warnnty and Limitation of LlabWty. Vendor makes no
wananty, express or implied, with respect to the Information. Neither party shall be
liable to the other hereunder for amounts representing loss of profits, loss of business, or
indirect, consequential, exemplary, or punitive damages of the other party in connection
with the provision or use of the Information hereunder.
5. No Further RJ&htl. Nothing contained in this Non-Disclosure
Agreement shall be construec;l as granting or conferring any rights by license or otherwise
in the Information except as provided hereunder.
6. No Commitment. The parties expressly agree that the provision of
Information under this Non-Disclosure Agreement and discussions held in connection
with the Business Purpose shall not prevent City from pursuing similar discussions with
third parties or obligate City to continue discussions with Vendor or to take, continue or
forego any action relating to the Business Purpose. Any estimates or forecasts provided
by City to V cndor shall not constitute commitments.
7. Media Releases. All media releases and public announcements or
disclosures by Vendor relating to this Non-Disclosure Agreement, its subject matter or
the Business Purpose shall be coordinated with and approved by City in writing prior to
the release thereof.
8. Milcellaaeou1. Any notices required by this Non-Disclosure Agreement
shall be given in hand or sent by first class mail to the applicable address set forth in
Schedule A. The parties agree that this Non-Disclosure Agreement and any attachments
hereto (i) arc the complete and exclusive statement between the parties with respect to the
protection of the confidentiality of the Information. (ii) supersede all related discussions
and other communications between the parties, (iii) may only be modified in writing by
authorized representatives of the parties, and (iv) SHALL BE GOVERNED BY THE
LAWS , OTHER THAN CHOICE OF LAW RULES, OF THE STATE OF
COLORADO .
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IN WITNESS WHEREOF, City and Vendor have each caused this Non-
Disclosure Agreement to be signed and delivered by its duly authorized officer or
representative, all as of the date first set forth above.
ATTEST:
City Clerk
By:------------,,--
Title: ---------------
LOGISTIC SYSTEMS, INC.
By. _______ __;; ______ _
Title:----"'------------
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Project Scope of Work
Windows Upgrade/LFR Implementation
City of Englewood, Colorado
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Section 1 -Project Overview
Implementation of LFR
1. The project is defined as the installation and configmation LogiSYS FirstReport (LFR)
version 4.1. LogiSYS DataTrak RMS will also be upgraded to version 4.1.
2. Upgrade of Servers and workstations from AlX to Windows . The CAD and RMS
servers will be nmning Microsoft Win2003 Server software. The CAD workstations
will be nmning Microsoft WinXP Pro Service Pack 2. During the upgrade process, the
CAD system will be upgraded to version 4 .2.
The project will address solutions for the following major fimctional areas, as defined by the
City:
• PoUce Records Muqement. With the upgrade to version 4.1 of RMS , there will be
added/improved fimctionality. Release notes for changes that apply to version 4.1 have
been placed on the LogiSYS FTP site for the City to download.
• Mobile Compatln1, This involves the configmation, installation and training of
LogiSYS FirstReport (LFR)
• Compater Aided Dispatch. No functionality will be lost due to the upgrade to version
4.2 oi CAD. Release notes for this version have been placed on the LoaiSYS FTP site
for the City to download.
No interface development work is included in this project.
Project Goals and Objectives
Ke y project goals as agreed upon by LogiSYS and the City include:
• The installation and implementation ofLFR as defined in the Scope of Work and
Implementation Plan .
• The upgrade of servers and workstations from AIX to Windows
• Training as outlined in the Trainin& Plan .
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• Acceptance testing as outlined in the procurement agreement
Implementation Strategy -Specific Coals and Objectives
The methodology incorporated into thia schedule divides the implementation ofLFR and the
Windows upgrade into the following s1rategic stages :
• Project Commencement -Delivery of Functional Specifications Docwnents (FSD)
for LFR case, citation, and FIR. Commencement of the FSD procea for LFR
Accident Review of specific specifications for CAD/RMS servers, CAD
workstations and RMS worbtationa.
• Kick-Off Meeting-Review of delivered FSD, and Timetable review.
• System Configuration-Configuration of system
• Initial delivery -delivery of configured product
• System Administrator Training -Training for System Administration personnel
• Initial Testing -Core team testing of delivered product.
• End User Training-Training of remaining users.
• Transition to Live -Go-live support.
Stage I -Project Commencement
• Assemble the project teams for LOGISYS and the City. (Project)
• LOGISYS delivers existing FSDs to the City. (LFR)
• LogiSYS reviews Hardware Specs for CAD Upgrade (Cad Upgrade)
• City orders required hardware for delivery to LogiSYS . This would include one (1)
MDC (CAD Upgrade)
• City begins review of the supplied FSDs. (CAD Uppade)
Stage 2 -Kick-Off Meeting
• Review and finali7.ation of the installation timeline. (Project)
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• Review supplied FSDs . (LFR)
Stage 3 -System Configuration
• Provided hardware is loaded with Windows version of the software. (CAD Upgrade)
• Administrator training for "System Administrator(s)". (LFR & CAD Upgrade)
• "System Administrator" end-user training. (LFR)
Stage 4 -Initial Delivery
• Hardware is delivered to the City (CAD Uparade)
• LFR is loaded on one (I) MDC for testing purposes (LFR)
Stage 5 -Initial Testing
• "System Administrator(s)" test configured system 111d notify LOGJSYS of defects
found. (LFR)
• Initial testing for the CAD Upgrade will be conduc1ed at LosiSYS. Once the system
ia delivered to Englewood, it will be put into place in diapltch and put into
production. LogiSYS will have an Operatiom penon onai1e for the ~.
Stage 8 -Final Delivery
• LOGISYS installs final configuration on one (1) MDC 111d deliwra MDC to the
city . City personnel load the system on the rcmainina MDCa in preparation for live.
Chanaes requested after this point may incur additional COit. (LFR)
Stage 9 -End User Training
• LOGISYS trains end U1CrS. (LFR)
• There is no end UICI' lnlinina ncceuary for the CAD Upsnde.
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Stage 1 O -Transition to Live
• Upgraded hardware is moved into dispatch and the system is put into production.
(CAD Upgrade)
• LFR users log on to the system and begin using the system live.
An implementation timclinc has been provided, identifyina a target date for live uac of the
Windows and LFR software. It is understood that this timclinc may change hued on the
project start date and written agrccmcnt bctwccn the City and LOGISYS, following the
Change Order provision included in the System Procurement Agreement
Scope of Work (General Obllgatlons)
The implementation of the Windows upgrade and LFR is to be completed through a shared
effort by LOOISYS ~d the City, which includes but is not limited to the following:
Primary Roles of LOGISYS:
• Analysis, validation and approval of the system infrulructurc configuration
proposed by the City.
• Provide and install Windows upgrade and LFR Software on the City's computer
system.
• Configure the software to meet the needs of the City u outlined in the FSDs lhat
will be signed offby the City at the start of the implcmcntation phase.
• Provide consulting and training services to aasist the City in its uac of the Software.
• Provide on-going issue resolution and software update support durina period
covered by Maintenance Agreement.
Primary Roles of the City (LFR and CAD Upgrade)
• Provide the infrastructure to support the l.Fll toftware (c.1-ICl'YCrl, Clicm PCs and
network)
• Provide adequate trainina facilities durina implcmcntation.
• Test LFR software configuration for complctencu and accuncy.
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• Perform acceptance system testing in accordance with the Acceptance Test Plan.
• Provide written specifications with screen prints of anomalies.
• Operate the LFR software for its own business practices within the parameters of the
Software Liccn.se Agrccment
• Provide ongoing system and database administration.
Specific Obligations of LOCISYS (LFR and CAD Upgrade)
Delivery ofLFR software and services. LOGISYS shall deliver LFR software and services
associated with that delivery and the City shall accept such delivery if conforming to
contract standards, based on the installation timelinc.
LFR software installation. LOGISYS will provide installation of the LFR software at the
City's location . LOGISYS will install LFR on one (1) MOC provided by the City.
Following the initial installation and required training and provision of digital documentation
by Logisys, the City will be responsible for installing the software on all other MOCs
following training by LOGISYS .
Maintain system administration responsibility through the Go Live stage. (Responsibility for
system administration will move to the City after Go Live.)
T;:aining and consulting. LOGISYS will deliver training held at the City's location, unless
otherwise determined by both parties. System Adminimator will be provided in Englewood.
Project Management. A Project Manager stationed at LOGISYS shall be assigned to
coordinate all implementation activities related to LFR.
Specific Obligations of the City:
Procurement of hardware . The City shall be rcspons1l>le, at its cxpcnsc, for procuring and
maintaining the computer hardware and systems ncccssary for opcratina the LFR system,
and for updating the hardware configuration u may be nccdcd from time to time . If not yet
completed, the City shall complete its procurement and installation of the computer
hardware and associated system software at least fifteen (IS) days before the LFR software
installation date.
Access to facilities and employees. The City shall provide LOGISYS ICCCSI to the City's
equipment and employees and shall cooperate with LOGISYS u reuonably ncceamy for
LOGISYS to perform its project management, installation, confipration, trainin&, support
and other obligations under this Agrccmcnt. The City shall devote the ncccssary equipment,
City of Englewood, CO
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filcilitiel, pel'IOIIIIOl and odlllr raourcea ......a,ay DeOIIIII')' to (a) implement the LPll
aoftware, (b) be trained in the uae of the LPll lOftwam and (c) bepn UIDII the LPll aoftware
in production Oil a timely 1118'1 U OOF•IN 4J1teil by tbil A&reemml-
Trainint Facility. The City lhaD provide a lllitable miDina mtitowwut for miDina clwel
bcld at the City'1 locltion. ltequimmDa IN ldequatll ..aina for 8 lb!denla llld •
imtnJclm, pcnwr, ............... c:oq,ulleil llld. wall to farpn,jection.
LOOISYS providel writleD llldlrilll.
ln1emet ICCCII. The City .... to llllilllain. far the dantiaa oltbil A....-it and lllY
renewal~-.... Pi .......................... GOlll'l'ctiaa(lllcb•
PCAnywbere CII' Remote Delbap Ccmnlctiaa) to IMl:iHrml lft>UbllNblJOtina and
remole aupport.
Olain lbinl party trainiDI-City all 11111ft d!IC ila .,_ 111d ...... ldminillration mft'
ii lllffloimdy tnined Oil dalahue ............. Ind l!ltwark adminimatim. The City
...... this 1ninina ..,.ue1y wilb die reapectift wndan.
The City will provide llaft' u identified below:
• Project Mmlp'.
• '"SyalaD Adminillraa(1)" (City llafl)-• tlllill • ICIClnCY ol cmfipratian.
• Network Adminialratar-network 111d +allina .,-DTT I ••
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Duties of Team Members
LOGISYS Team Members
Project Sponsor (Bien Ngayen, CEO):
The Project Sponsor represents a point of escalation for issues that require input beyond the
Project Manager or the Core team levels. This person should be a senior representative of
LOGISYS who has decision-making authority.
Project Manqer (Joe Lawson, Senior Project Muqer):
• Coordination of all activities to make the software operational
• Report to City Project Manager to ensure project is delivcn,d as projected, or with
any changes explained
• Resource planning and scheduling
• Problem solving
• Relationship Management -Intra-team and with the City
• Coordination of internal and external specialists-i.e. software developers
• Assurance of the overall quality of work and contract adbercncc by LOGISYS
implementation team members.
TraiaiJllg Manager (Joe Lawsoa, Sealor Project Muapr):
• CCH>rdination ofLOGISYS training resources
• Oversight of~e overall quality of training personnel, documents, and procedures
City Team Members
Project Sponsor (Claris Oboa, Director of Safety Sen1ca):
• The Project Sponsor represents a point of cscalatioo for issues that require input
beyond the Project Manager or the Core team levels. This person should be a senior
representative of City who has decision-making authority.
Project Co-Maaqen (Trlu Everlaart (Safety Services)-Software Fucdoullty ud
Buslaess Process lntep"adoa; Kevla Joaepll (hformatloa TecuoJosy-Network aad
Server lnfrutracture):
• Coordination of all activities to make the software operational
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• Work with project team to verify project delivered as projected, or with any changes
explained
• Resource planning and scheduling
• Problem solving
• Coordination of internal and external specialists -i.e. software developers
• Relationship Management -intra-team and with the vendor
• Process Review
S11bject Matter Experts:
• Work with LOGISYS team to modify/revamp proccases and seek Project Manager
support
• Document existing processes as required
• Lead client input into system set-up within their functional or departmental areas
• Assist project manager in areas such as timing and scheduling
• Relay business issues to the LOGISYS implementation team through Project
Manager
"System Admlaktrator(1)":
• Gain understanding of system functionality
• Test critical system functions in different environments to cmure clements of the
implementation are tested and operational
• Document existing processes and expected results as required
• Provide written specifications with screen prints of requested changes.
System/ Tecbnlcal Adm.lDistraton:
• Ovcrscc logistics to ensure technology is in place and working
• Ensure other systems do not disrupt and configuration of I.FR
• Ensure server and desktop hardware is purchased, tested and operational
, Assist LOOISYS in set-up and configuration efforts
• Troubleshoot network, hardware and other system problems
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Section 2 -Price Proposal
Outlined below is a detailed breakdown of the pricing for the implementation of LFR and
implementation of a Windows Upgrade at the City.
A. Implementation Phasing
The immediate goal of the City is the successful implementation of the Windows Upgrade and
LFR system capabilities.
B. Core System Price Proposal
The purpose of this section of the Price Proposal is to capture all coats usociatcd with providing
the baseline software capabilities (including GIS linkage). This includes software provided
directly by LOGISYS and implementation services associated with each.
LoglSYS Field Reporting Software
Police Field Reporting Software Server UcenH (max. 25 uHra)
Base Server License for Field Reporting (FR)
Laptop-Based Law Enforcement Field Reporting Software
15% discount for existing client
To Do List
Case Report Entry/Update Form
Accident Report Entry/Update Form
Citation Entry/Update Form
Field Interview Entry/Update Form
Includes 25 Law Enfon:elnent Reid Reporting licenses 0$850
per unit Assumes Custom.r has networlr Infrastructure and
connectivity In place. Hardware Is not Included.
Accident Diagram Software for Field Reporting Clients and
OataTrak Clients
ESD Software for Creating/Viewing Accident Diagrams
Field Reporting Accldel"!t Diagram Interface
OB2 Personal Edition
Project Administration and Management
Field Reporting Data Calibration and Testing
City of Englewood. CO
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$75,327.00
$15,000.00
25 $21,250.00
Enterprise $8,162 .00
$3,500 .00
25 $3,500.00
$8,415.00
$3,500 .00
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Installation/Training of Installation
LogiSYS will load two machines and train Englewood staff on how to
load the remaining.
End-User Training
Includes one da) of end user training for System Administrators
prior to preliminary acceptance test
Includes End-User Training for a maximum of 40 trainees:
(2 days of training, with 2 sessions per day, 4 hours per
session, limit 10 trainees per session)
Laptops or other computws (1 per tnlnN) connecfwd to the
MfWorlr .,. required.
Assumes trall'INS.,.. alrudy familiar with Bue RMS spam.
If trall'INS .,. not familiar with RMS, then Nell tralnN wlll requ/19
a minimum of 20 hours of training.
Additional End User Training for DataTrak RMS
End User Refresher training for 5 days (8 hours per day)
Englewood to provide information on training required prior to
service
3 days On Site support following ·Go uve•
FIELD REPORTING TOTAL
Travel and Lodging Expen ... :
Travel, lodging, Incidental, and any other_,.,... uw/afed
with training Is not lnt:lud«l and wlll m billed• lncurrwl.
First Year UcenH and Malntanance
Rrst yur's fNa after sollwatw lnatallatlon .. 1nt:1ud«I In
total cost
Subsequent Years' Annual SoftwaN Ucense and Malntanance
$5,400.00
$2,200.00
$4,000.00
$2,400.00
$75,327.00
Law Enforcement Field Reporting Software (LFR) $6,525.00
Accident Diagramming Software , NA-
-There is no annual licensing or maintenance necessary for ESO as long as the client la within three
versions of the original. All upgrades within three versions .. included. If the client moves to a fourth
version, then the cost is 1/2 the enterprise cost as quoted .
Accident Diagramming Interface
082 Personal Edition
Subtotal for Software License and Malnt.nance
These fNa a,. In addition to the annual llcenN and malnfenMce
fNs that a,. all'Ndy being paid on CAD and RMS.
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$750.00
$7,905.00
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Windows Upgrade Cost Proposal
Application Software and Interfaces $23,435.00
Third.Party System Software 6 $390.00 $2,340.00 ' NTCracker and XVlslon for worlcstatlans and servers.
FlrstMap for CAD for Windows $7,000.00 ..
Call for Service Displayed On Screen
Variable Map Zoom Levels
Intelligent Data Layers
Map Will Use ESRI Shape files from Contact One Data
3 layers Raster image development
Support for Satellite, Aerial, or Digital Ortho Images
HA Server Software $13,635.00
Legato Fulltime Autostart SE
One Year Maintenance and Technical Support by Legato
CAD and RMS HA s8Mtl'S must be located together.
PC Anywhere 2 $230.00 $460.00
CAD Implementation Services $28,083.90
CAD Project Administration & Management $4,383.90
Statement of Work
Project Implementation Plan
Supervision and Administration
CAD System Loading and Installation 6 $2,400.00
Hardware Setup and Testing
Application Software Installation
System Software Installation
Hardware to be purchased by Englewood and shipped to LoglSYS
LogiSYS will load, conffgure, fNt prior to Implementation
Logisys will then travel o-slte to set up hardware.
The cost of shipping from Los,ISYS to Englewood Is Included In • • total system cost section.
( DB2 Data Conversion $4,500 .00
City o f Eng le wood. CO Loptic Sysim.. lac 712512005
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Convert 082 Data from AIX to Win2000
No cost to switch AIX D82 license to Wlndows2000 D82 license.
On-Site Visit to Englewood for Support and Training
On-site System Administration Training for 2 Individuals
On-site Support for Upgrade to Windows
Training is optional. On-site support /s required.
Any and all travel, lodging, incidental, and other upensea are the
ruponsiblllty of Englewood and are not included. 1bese
expenses will be billed as Incurred.
HA Software Installation (existing HA client discount 33%)
HA Installation Planning and Consulting
HA Software Installation
HA Configuration
HA Failure and Recovery Testing
HA Setup and Configuration Documentation
HA Site Customization
Total System Upgrade Prices (Full Windows
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$2,400.00
$2,400.00
$10,000.00
Configuratlo_n_.__ ___________________ _
CAD Application Software and Interfaces
CAD Implementation Services
CAD System Subtotal
Hardware Shipping (LogiSYS to Englewood)
Total System Upgrade Cost
Travel expenses are not Included and wlll be bl/led••
incurred.
Hardware to be purchased by the client.
First Year License and Maintenance
Rrst yur's fNs after software installation are Included
in total system upgrade price.
Subsequent Years' Annual Software UcenN and
Maintenance
C ity of Enalcwolld, CO
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$23,435.00
$26,083.90
$49,518.90
$1,300.00
$50,818.90
Included
7/25/2005
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FirstMap for CAD
Third-Party Workstation System Software
Third-Party Server System Software
Fulltime AutoStart HA Software 7x24 Support
Subtotal for Software LlcenN and Maintenance
These ,... are In addition to the annual llcenN and
maln,.,,,,nce ,-. that.,.. already being paid.
E. Support
4
2.
1
$60.00
$95.00
$5,500.00
$1,260.00
$240.00
$190.00
$5,500.00
$7,190.00
The first twelve (12) montha of software maintenance 111d updates are provided at no charae to
the City. Sublequent yan Liceme and 1111inte111m:e fea are specified in the pricina tabla
above.
Scbcdule 7.5(b) of the System Procurement Agn,anent further aowrm system mpport and
maintenance terml.
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Section 3 -Implementation Details
Stage 1 -Project Commencement
Assemble the project teams for LOGISYS and the City.
LOGISYS delivers existing LFR FSDs to the City.
LOGISYS will email the existing LFR FSDs to the City or will make the FSDs available on
their FTP server.
The City's Project Manager may elect to distnbute portions of the FSDs to Subject Matter
Experts, who will review those sections and return them to the Project Manager .
Stage 2 -Kick-Off Meeting
Review and finali7.8tion of the installation timeline.
LOGISYS and the City will review and make adjustments to the project timeline, u needed.
Review of the FSDs responses.
LOGISYS and the City will review the City's questions derived from their review of the
FSDs .
Installation of the LFR software with demonstration databue.
A LOGISYS specialist will conduct the installation of the LFR with the assumption that the
City prior to installation meets all hardware requirements. The LOGISYS teclmical team
requires access to the City 's server during Installation and the City's teclmical staff will
work closely with LOGISYS during this time.
Installation of client software and instruction on installing to workstations .
The LOGISYS technician(s) will install the client software on one MDC, and train City staff
on how to install on additional MDCs. Assigned City staff must haw a wodcina knowledae
of the City 's network and a bacqround in installina applications.
CAD System Upgrade Provisions
City of En1Icwood, CO
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LogiSYS will install the CAD system on the workstations and the servers and wiJI
conduct the preliminary testing of the system.
Stage 3 -System Configuration
City signs acceptance of the fi.mctionality described in the FSDs.
The City will sign acceptance to the FSDs
System configured according to FSDs and Kickoff discussion.
The initial configuration ofLFR typically takes three to four weeks. LOGISYS staff work at
our offices to configure the system according to the FSDs, and to discussion during the
Kick-Off meeting.
Administrator training for "System Administrator(s)"
LFR Provisions
"System Administrator(s)" will receive 3 days of training on-site wbcrc they will gain
valuable insight into the way the system works. This will enable them to effectively test the
configuration work that LOGISYS is doing. (Sec Section 7 -Training).
CAD/RMS Provillo•
There is no system administrator training requimi for the ADC to Windows uppade.
Stage 4 -Initial Delivery
LFR
LOG IS YS Install s the LFR system on one (I) MOC to allow the system administrators to
conduct the system acceptance test
CAD Upande
Lo gi SYS delivers the new bardwvc to Enalcwood. The bardwvc is then mo-1 into place
in the dispatch center and put into production. This will be deemed to be the initial and final
d:livcry of the uparaded CAD/RMS bardwvc.
City ofEDalcwood. CO
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Stage 5 -Initial Testing
LFR
At this time the City is responsible for actively testing the work done, to allow maximwn
effectiveness of the next stages.
CAD Upgrade
There is no onsitc testing that will be conducted for the ADC to Windows upgrade. LogiSYS
will conduct this testing prior to shipping the lwdware to F.nglcwood
Stage 8 -Final Delivery
LFR
LOOISYS installs final configuration remotely. Changes requested after this point may incur
additional cost.
Stage 9 -End User Training
LOOISYS trains end users.
LOOISYS will ttain the end users of the system oo day-to-day operation of the software.
Training manuals are provided. The usc:rs will nm through each process they will be
performing. This ttaining is done u close u possible to the Go Live tnnsitioo. cnablina
maximum learning retentioo.
Stage 1 0 -Transition to Live
LOGISYS provides 3 days of Go-Live support on site to facilitate tnnsitioo.
LOGISYS will provide on-site assistance for three days to ensure a smooth tnnsitioo to the
use of the LFR program. As the system will be tborou&hlY teated by this time, dae days are
provided for answering any questions that didn't come up in trainiq. and far providina tips
on ease of use, etc.
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Section 4-Change Order Process
Once the project baseline scope has b-.:en documented and apeed to by the City and
LOGISYS, any changes to the project that impact project schedules, COits, reaoun:ea and risk
must go through a clearly defined Change Order proce11. A cbaqe must be identified and
documented by the Project Manaaers and the schedule and costs impact uaeued and
documented. If there is no implc:t on the project acbcdule or com then the cbaqe will be
implemented in writina by the Project Manaaers. If the chanae implctl oo the schedule or
costa, then the Change Order process must be undertakm.
The following checklist will belp analyze bow proposed changes will impact the project
• What are the proposed changes?
• How will the proposed cbanae impact the scbcdule?
• Will it delay the project?
• Will it speed up the project implementation?
• Are there additional colts auocialed with the chaqe?
• Which phase of the project will the chln&e implc:t?
• What is the~
• What are the dependency tub tbat the chaqe will impect?
• What are the deliverables that the chanae will impect?
• What are the changes in resources beina propoled?
• Does the cbanae increue or decreue the lcYel ofrialt?
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Process Flow Diagram
y Approval far
Schadull
~
y Approval far
COit
Adjuallnenl
N y
Sc:lledule & CIWIIII
Implement Daflll9III
Cllange c......
Regular
Slallll
Updla
Pnljact Speclalal
Regular
SIRII
~
Pnljact .......
The following diagram depicts how changes will be llllllqCd widlin Ibis project.
Cllaa1e ldeadfled aad Doameated: A Change ia usually initialed via the Ollnae Order.
When a request is deemed to be a chanac, the Project Manqcr cnlal this cbanae proc:esa.
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Change Owner Alliglled: Through project meeting discussions, a single Change Owner is
identified (normally a Project Manager). This person spcab to the change, cnsurca it is
analyzed by the appropriate team members and works through any approval procesacs to
determine final disposition.
Cbaqe Loged: An Access database will be cstablisbcd to con1rol/log changes. The
Project Manager logs a new change into the database where the change is given a con1rol
number. Included in this document is a copy of the Change form showing the information
collected.
Cbaqe Commulcated to Impacted Team Members: The Project Manager will ensure
that each new Change is comnumicated (elcctronically where J)OSSll>le) to all impacted team
members. The Change Owner will determine who these people are .
Change Impact Aaeaed ud Docllmellted: Each Project Manager is responsible for
analysis of any change that may impact their project deliverables. Impact is documented in
the Change database.
Project Scltedale Impacted: If the change impacts the Project Schedule, the Change must
receive City approval.
Project Costs Impacted: If the Change impacts project costs, the change must receive City
approval.
No Cost/Scbedllle Impact: If the change docs not result in any revisions to either costs or
schedules, the change will be implemented u per the next step.
Sclledale ud Implemeat Cllaqe: If all necessary approvals arc received ( or none were
required), the change is scheduled and implemented. If the project schedule is implctcd, a
n ::w revised project schedule is created.
Cbuge Deferred/Cucelled: If the change is not approved, the reasons arc to be
doc umented and it will be cancelled or deferred tmtil after the project is completed.
Regular Status Update: Project Managers must be provided with any new information
related to Change Status so that the database is kept current and the Change Summary form
reflects current information. Project Managers will create a Change Summary report on
request only.
Replar Statas Review : Review of the ongoing status of changes is a mandatory item on
each proj ect management mcctina agenda.
CicyofEn&kwood, CO
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Section 5 -Acceptance Testing
Overview /Description
Acceptance testing is a key to the successful outcome of the implementation ofLFR at the
City. Testing occurs to eDSW'C that all software configuration issues are resolved prier to the
Go Live.
The primary responstbility of LOGISYS is to test the I.FR produet, in terms of its
ftmctionality operating u desiped, without errors, and in a IDlllllCI' that meets the needs of
the users. The primary respo11111rility of the City ii to lat the product u it operates in an
environment that includes data convenm from the City's existiq database and configuration
dictated by the City and completed by LOGISYS staff: The system testing standarda include
the LOGISYS FSDs, and any aenenJ documented pcrfo11111Dl':C and system capability claims
made by LOGISYS.
Acceptance testing does not apply to the CAD/RMS upsrade from AIX to Windows. Since
this system bas already been accepted in its current state by the city, there is no acceptance
required for the change from AIX to Windows.
Acceptance testing will be completed in acc:ordancc with Section 2.2 of the Systan
Procurement Agreement
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Section 6 -Project lmplementatlon Plan
The City and the LOOISYS Projeat Mmapn will dilcuu the project plan and inlanal
project dates aftectina project mi...._ (for ~e, third party deliwry dml). The City
manaps the timeline of my third party vmdan, which may affect project milestone data
and provides tbele dates to LOGISYS prior to bue linina the project achedule. Any
significant chaqea to the project timeline are to be communicated to and reviewed by
Project Sponsors at the City and at LOOISYS.
Significant cban&a affec:tina the overall acope of the project may necessitate the use of the
Change Order procea.
Attached u Exluoit I to the Scope of Work ii a Project Pim that identifies the activities and
resources required for the IUCCalfW in111D1lian of LFR. bued on the implementation
timeline. Durin1 the Orientation meetinp at the bepming of the implementation,
LOGJSYS and the City will finalim the project plan within the timehme qreed upon in
this Scope of Work. The Prcject Plan includes by pbues, activities, tub, milestones and
deliverables.
A Project Milestone SU1111111rY ii outlined on the next pqe.
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Project MIiestone Summary
September 1, 2005 to March 3, 2006
Rece1Ye Pudwe Order-20% of Coatnct Price• 122,229.11
Tnuldoa t.1 WIINlowt Maclllael -30% of Coatnct Price •
537,143.77
Beata 1111111 LFR la live eamoa..t-35% of Coatnct Price•
544,151.07
System A.cceptuce -15% of Coatnu:t Prtce • Sll,921.19
September I, 2005
November 28, 2005
February I, 2006
March 3, 2006
Target dates on this schedule are intended to reflect projected compllltton data for tu respectM
milestone, not contraclllal date deadlines. All data are band upon date rt' COlllracl aecution and
receipt of initial payment.
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Section 7 -Training
Training Plan
A training plan will be developed for the implementation ofLFR at the City. This plan and
the associated training outline will be provided to Englewood before the beginning of any
training.
Identification of learning participants
•system Administrator" training
As part of the first phase of the implementation ofLFR, the City will identify a team of
"System Administrator(s)". The "System Administrator(s)" are trained in advance of the end
users in preparation for ongoing testing of the software during the project. The "System
Administrator(s)" can become the core support for end users once the implementation is
complete leaving the ity with system experts once the LOOISYS Training Specialists are
gone.
Admillistrator Tnbaiag Modale Dando• of Tnbaiag
System Administrator Training 4 days (Includes 1 day of end user
training)
End user training
A training outline and agenda for end user training will be provided to Englewood prior to the
beginning of training. LogiSYS will train a maximum of 40 end users. The training will talcc
place over a two-day period with two sessions per day. Class si= will be limited to 10 trainees
per session.
Type of Tralata1
Total Number of days for "System Admlalstntor(s)"
To~ Number of days for Ead Osen
City of Englewood, CO
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4 days
7 days
Total Days 11 days
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Experience level of staff
It is assumed that any users who participate in training have sufficient prerequisite training
provided by the City to ID1derstand how the software impacts their job functions.
City ofEn1lewood, CO
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2
3
4
5
6
1
8
9
10
11
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13
14
15
16
17
18
19
20
2 1
22
23
24
25
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Exhibit 1 -Project
TASK
Englewood H/W Upgrade & LFR 1m.--11a11on
RKelve Pwchae Order
Project Commei--
Deli-exls1lng FSDI to City
Order HanlwMI
Begin Review of dellverlld FSO.
Kick.off IIINttng
Rlllliew and ftnallzalion of the llmellne
Rlllliew of FSDI
Syatam configuration
Hardware la loaded wHII Wlndowa -.Ion ol Code
LFR Is loaded on one MOC
Hardwant la shipped ID the City
transilion ID Windows machine
Administrator lralnlng
"Administrator -enc1......-training"
Initial Del'-Y
Configured system Is installed and demonalralld
Initial TNting
Administralor(s) lest oonftgur9d aysllm
Final Delivery
LoglSYS COIT9C1S probtema with LFR conftgurallon
Final version of LFR la loaded on one MOC
End.lJ-Training
LogiSYS trains end-ull4n
Transition to live
Begin using LFR In U ve envirorvl*II
On-site support for live
Acceptance Period
Ci ty of Englewood, CO
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131 W'UOI
Y• 1 tltUOI
20 MIIOI
1 9IIII05
20 8lllr'05
15 llt12/05
4 1C1131111
2 1or.!I05
2 10/1/05
44 11117/0I
25 11/11/05
1 11/14/05
10 11/2Ml5
Y• 2 11/30/05
4 1218/05
2 12/7/05
1 12111111
1 12/8/05
10 12IIIIOI
10 12/Ml5
11 12/U/08
10 12/23/05
1 1/Ml8
1 1/23/0I
1 1/231111
22 2/1/0I
Y• 1 2/1/08
3 2/1/08
Y• • 211/0I
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End "'----RN
NamN
¥VOS t
WI/OI City
10IIIOI T--· 8lllr'05 2FS+&I l..oglSYS
10/8/05 2FS+&I City
llf30I05 4 City
1Qll/05
10/4/05 8 T-
10/Ml5 8 T-
1217/0I
11/1Q.'05 5 l..oglSYS
11/11/05 11 l..oglSYS
11/25/0!5 12 l..oglSYS
11/2SII05 13 T-
12/S/05 14 y-,,
12/7/05 15 T-
12111111
12/l/05 18 l..oglSYS
121221111
12/22/05 18 City
1/111111
1/51118 20 l..oglSYS
1/Ml8 22 l..oglSYS
1/31/0I
1/31/08 23FS+10d T-
3/3/0I ..
2/1/08 25 \;II)'
2/8/08 val! LogiSYS • •
3/3/0I -T-
7125/200S
<!--MSProjectTemplatc _AssignmentTablc->
Ciry of Enpwood, CO
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Save the City Ditch Group
July 29 , 2005
Englewood City Council
Doug Garrett, Mayor
1000 Englewood Parkway
Englewood, CO 80110-2373
Re : Saving the Historic: City Ditch
Dear Mayor Garrett and City Council :
----::r::-.-:::,_-::.-:-,. -. -,• .
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The City Ditch has been a part of Colorado and our cilY. for more than 140 years and is a
beautiful, irreplaceable asset in our Slb.rban community. We all sincerely appreciate what
the city, its representatives, and elected officials have contributed in mitigati the reduced
water flow in the City Ditch with the reciraJation system. ng
The Save the City Ditch GrOl.4) would like to formally thank the City of ~~ their
support of the City Ditch as It runs througl our oomml.llity. Weak......_ -d •
Iha rwctCilyCculCII ~ anil .... lrmpul:lk--fthlll .......
A thank you goes to Denver Watar for their monetary contributiOn for the raclrculation
<NdAm and to the Englewood Utilities Department's ha~ engil 1881 ing staff and ~ crew who desigled and oonstruc:tecl the entie rec1raat1ori syslafn.
We give a special thanks to Bill McCormick who has been Yf11tY falttlul in at181 ldinQ cu
meetings to work with us, as has Olga Wolosyn . They are fine representatives d a city
which is wiling to find positive solutiOns to a comml.llity issue.
Without the much appreciated time, energy, aeativity, and oowavering support of the
following people, among others, the project would not have been possible: Gary Sears,
City Manager; Stu Fonda, Director of .Utilities; Bill McCormick, Manager of Utilities ; Olga
Wolosyn , ~yor Pro Tern; and Beverly Bradshaw, City Councilwoman.
This project has created a great benefit for the residents of the City of Englewood and we
thank you all.
Very truly yol.N's ,
Save the City Ditch Group :
carolyn Derrington-Tate , Diana and l..eql Bray, Barry Gil>ert, Patricia Holoomb of
Colorado Pl'898Mltion , Inc., Jane and SiU Sigler , Mark Mulanax, Christina
L.ammerman, Greg and Jessica Pickett, and Olher comml.llity members
cc: Gary Sears
Stu Fonda
Bill McCormick
Olga Wolosyn
Beverty Bradshaw
Denver Water
• •
BERG HILL GREENLEAF & RUSCITII LLP
ATTORNEYS & COUNSELORS AT LA'llf'
1712 .....i St.-• lloulcler. Colondo 80302
Daniel L Brotzman
City Attorney
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110-0110
Stewart K Fonda
Director of Utilities
City of Englewood
l 000 Englewood Parkway
Englewood, CO 80110-0110
Toi: 303.~2.1600 • Fu: 303.~2.1601
bhplaw.com
July 12, 200S
Re: Joint Defense Agreffl!DII in FRICO/UniledlF.ast Cherry Creek Cases
Dear Dan and Stu:
Enclosed is a final version of the joint defeue IIJeemenl with Aurora. It ii the same u what
you saw before, with a few incomequential changes by Mart Pifber, Aurora's in-home water
counsel. If this is satisfactory to you, we should pt City Council approval and pt it on to Aurora.
for signature. Aurora is going ahead with their approval proceu. so if we want changes we should
advise them soon . It is okay with me, but of course your decisions are the final ones.
Sincerely,
~
David 0. Hill
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JOINT DEFENSE AND CONFIDENTIALITY AGREEMENT
This Joint Defense Agreement (" Agreement") sets forth the understanding of the City of
Englewood ("Englewood") and the City of Aurora (" Aurora"), and their respective counsel
(collectively the "Parties") in connection with Water Court Case Nos. 02CW105, 03CW129;
04CW174;02CW396,03CW85, 03CW218,03CW442,04CW085; 04CW356; 04CW362; and
04CW365 ("Water Matters").
THE PAR~' COMMON INTEREST IN TIIE PENDING WATER CASq
To ensure that all claims arc litigated in an appropriated manner based upon a complete
understanding of all relevant facts and legal theories, the Parties may make available to each
other privileged infonnation, both verbally and in writing. including notes, documents,
memoranda, and research ("Common Interest Materials"), relating to the respective
representations of Parties in connection with the W atcr Matters. The Common Interest Materials
may reflect and incorporate confidential communications made by the Parties to their counsel,
and by their counsel to them, and arc protected by the attorney/client privilege from disclosure,
and therefore arc intended to be insulated from exposure beyond the confines of the Parties (the
"Common Interest Privilege"). See e.g. Gordon v. Boyles, 9 P .3d 1106 (Colo. 2000); Maner of
Grand Jury Subpoena Duces Tecum, dated November 16, 1974, 406 F .Supp. 381 (S .D.N.Y.
1975). In addition, the Common Interest Materials arc protected from disclosure as a result of
the attorney work-product doctrine or other applicable privileges. See e.g. Tranmirra Products
Corp. v. Monsanto Chemical Corp., 26 F .RD. 572 (SD.N.Y. 1960).
The Parties arc maltlng the Common Interest Materials available to each other because
the Parties intend to cooperate to reduce expcnsca, improve efficiencies and increase
communications of the Parties and any other party who may, in the future, become involved in
the Water Matters. Because of the privileged nature of the Common Interest Materials, those
materials will be shared among the Parties with the express understanding that the Parties shall
not communicate the contents thereof to others, because the exchange of Common Interest
Materials is not made for the purpose of allowing unlimited publication or use, but in confidence,
for the limited and restricted purpose of assisting the Parties in advancing the Water Matters to a
successful conclusion.
The Party producing the Conunon Interest Materials shall designate the Common lntcrcst
Materials as such. However, the failure to so designate the Common Interest Materials shall not
constitute a wai ver of any attorney-client privilege or work-product privilege.
The Parties understand that the purpose of this Agreement is to facilitate common interest
representation by increasing the infonnation flow between the Parties. The Parties recognize,
however, that under some circumstances, information known to one Party may not be shared
with the other Party to the Agreement.
Noth ing in this Agreement is intended as, shall constitute, or shall be intcrprctcd.
construed or used as evidence of an admission by a Party of any wrongdoing. liability or fault
(including comparative or proportionate fault), a waiver of any privilege, claim, right or defense,
cstoppcl , or an admission as to any matter of law or fact, either u between the Parties or with
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respect to any person or entity not a party to this Agrccmcnt provided, however, that any Party
shall be entitled to use this Agreement to enforce its tcnns.
If any person or entity not a part to this Agreement requests or demands, by subpoena or
otherwise, any Common Interest Materials from any Party or from any Party's agent, employee,
consultant, or representative, such Party shall: (1) immediately notify the other Party, and (2)
assert the Common Interest Privilege with respect to the requested Common Interest Materials.
Each Party and each Party's respective counsel shall take all steps necessary to assert all
applicable rights and privileges with respect to such Common Interest Materials and shall
cooperate fully with the other Party in any judicial proceedings related to the disclosure of the
Common Interest Materials.
The intent of this Agreement is to preserve any privilege applicable to the Common
Interest Materials while pursuing the Parties' common interest and to ltecp all Common Interest
Materials confidential to the maximum extent allowed by law. A Party's disclosure of Common
Interest Materials exchanged pursuant to this Agreement shall not be dccmcd a waiver by the
other Party of its right to assert a claim of the Common Interest Privilege and attorney/client or
work-product privilege with respect to any Common Interest Materials.
This Agreement shall be binding upon each Party even after the Wata Matters arc
decided or resolved, whether by settlement, judgment, dismissal, or otherwise as to that
respective Party.
This Agreement, its terms, the fact of its execution and all discussions among the Parties,
their attorneys, officers, directors, agents, consultants, representatives, and employees with
regard to the Agreement, arc themselves subject to the attorney/client and work-product
privileges, and each Party agrees that the Common Interest Privilege and any privilege shall be
asserted in response to any subpoena or request for the production of the Agrccmcnt or in
response to any inquiry as to its tenns, the fact of its execution, or discussions relating to iL
This Agreement confinns a verbal agreement previously reached between the Parties.
All previous privileged communications, and all Common Interat Matcrials previously
exchanged, between the Parties and their respective attorneys. officen, directors, agents,
employees, consultants, and representatives, arc subject to this AgrccmcnL
TERMINATIQN/WITRDRA WAL
Any Party may withdraw from this Agreement by giving written notice to every other
Party of its election to withdraw .
Any Party that withdraws from this Agrccment, together with such Party's respective
counsel, remains subject to all confidentiality provisions herein u they pertain to information
theretofore received, but not as to subsequent information.
In the event a Party reaches a settlement with Applicants in the Wattr Manas (l'hc
"Settling Party"), the remaining Parties to this Agreement may employ or continue to employ the
Settling Party's engineering expcrtS and utilize their previously developed analyses and reports
k 1 I 129\9lO(M6 J 2
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which were developed in conjunction with the Water Matters and exchanged pursuant to this
Agreement.
MISCELLANEOUS
Each Party understands and acknowledges that it is represented only by its attorneys in
this matter, that while an attorney representing any other Party hu a duty to preserve the
confidences disclosed to him or her pursuant to this Agreement, the attorneys representing any
other Party will be acting only u attorneys for that other Party and will owe a duty of loyalty to
their respective client only. Each Party will pay for the services of its respective attorneys, but
nothing herein shall void any subsequent agreement between the Parties, if any, to indemnify any
other Party for attorneys' fees and costs or share in such fees and coats.
Each Party understands that the Parties may now or in the future have some adverse
interests and that the sharing of some confidences pursuant to this Agreement may lead to
potential conflicts of intcrest of the various attorneys in the future. The Parties do not intend that
the exchange of Common Interest Materials may be used for the future disqualification of their
respective attorneys and agree that they will not move for disqualification of attorneys in the
Water Matters or any other cases baaed on the exchange of Common Interest Materials pursuant
to this Agreement The Parties hereby waive any conflict of interest arising from the sharing of
such Confidential Interest Materials.
Colorado law shall control the interpretation and enfon:ement of this Agreement. This
Agreement may be enforced in the Disttict Coun for Wau:r Division One in Weld County,
Colorado by a temporary restraining order and injunction in the event of a breach or anticipatory
breach. The parties accept jurisdiction and venue in that coun. Any modification to this
Agreement shall be in writing and signed by ·all Parties.
This Agreement shall be binding upon the successors and usigna of the Parties and their
respective counsel.
Nothing in this Agreement shall be deemed to <nalC a partnership, joint venture, and/or
principal and agent relationship between the Parties and/or their respective counsel.
The headings contained in this Agreement are for convenience of reference only and are
not intended to limit the scope or affect the interpretation of this Agreement
If any provision of this Agre.;:ment is deemed invalid or unenforceable, the balance of the
Agreement shall remain in full force and effect.
This Agreement constitutes the entire curent understanding of the Parties and their
respective counsel with respect to its subject matter and supersedes any previous oral or written
agreements relating to the subject matter of this Agreement
The Parties acknowledge that this Agreement is the result of joint negotiations among the
Panics, and agree that this Agreement shall not be construed or interpm.ed against any Party on
the grounds of sole or primary authorship .
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Each person signing this Agreement represents and WIITIDts that he or she has been duly
authorized to enter into this Agreement by the entity on whose behalf it is indicated that the
person is signing.
This Agreement may be executed in counterparts each of which shall be deemed an
original.
PARTIES:
Dated:-----
COUNSEL:
Dated: ___ _
Dated: ___ _
9411 \29\920CM6.3
nm CITY OF ENGLEWOOD
BY.-------------~
Its:-----"""----------"'-
nm CITY OF AURORA
By.-------------~
Its:
David G. Hill
Berg Hill Gleenlcaf & Ruscitti UP
1712 Pearl Sln'Jct
Boulder, CO 80302
(303)~-1600
Special Water Colimel for City of Englewood
Steven 0. Simms
Connie Petcnon
Brownstein Hyatt & Farber, P.C.
410 Seventeenth Street, 2Z-Floor
Denver, CO 80202
(303) 223-1100
Attorneys for the City of Aurora
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4. Roll call
Members:
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COUNCIL · MNling wo1tung ,_
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1. Call to order.
2. Invocation.
3 . Pledge of Allegiance.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD cnv COUNCIL
Monday, August 1, 2005
7:30 p.m.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
4 . Roll Call. tJd ~
5 . Consideration of Minutes of Previous Session .
a. Minutes from the Regular City Council meeting of July 18, 2005.
6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.)
Englewood ~leen Walsh and her husband will address City Council.
Englewood resident Richard Raymond will address City Council regarding the Safety
Services ' Police Division and the Prosecutor's Office.
a.
)Cl-b.
;113
7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes.
Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion .) --e--
8 . Commff ns, ~roclamations, and Appointments.
9. Consen t Agenda Items.
a. Approval of Ordinances on First Reading. ff
Please note: If yo u ha e a d1sab1hty and nef'd auxiliary aids or services, please nohfy the City of Englewood
(303 -762-2407) at least 48 hours ,n advance of when services are needed. Thank
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Engl ewood City Council Ag enda
A ugust 1,2~~ , ... , "Pt7/J.~!:a (.:d;,~
(2d /I-3o'l i. -
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Council Bill No. 32, approving the redemption and subsequent sale of 3596 South
Bannock Street (a single-family home) acquired through the foreclosure process as
defined by Colorado State Statutes
Council Bill No. 33, authorizing acceptance of the Justice Assistance Grant for a new
mobile data terminal server to run NCIC/CCIC clearances . This grant is in the
amount of $26,562 .
Council Bill No. 34, to enter into an Intergovernmental Agreement (IGA) with the
Denver Regional Council of Governments for 2005. This IGA will allow DRCOG to
reimburse the City of Englewood for the signal system equipment purchases in the
amount of $30,000 related to the FY05 Miscellaryeous Equipment Purchase
Program .
Council Bill No. 35, approving an Intergovernmental Agreement between the City of
Englewood and Arapahoe County for the November 1, 2005 Coordinated Mail
Ballot Election .
Resolutions and Motions.
i. Recommendation from the Library Department to approve, bt motion, the transfer
of title and ownership of the Bookmobile to Douglas County ibraries for the
amount of $28,000. STAFF SOURCE: Hank Long, Director of Library Services .
10 . P?g Items. (No Public Hearing Sched~led .)
11 . Ordinances, Resolutions and Motions.
~ ~~ Approval of Ordinances on First Reading .
i. Council Bill No. 24 -Recomm endation from the Utilities Department to adopt a bill
fo r an ordinance authoriz ing parti c;ipation in the South PlatUi':..er ~r?~ti_on ~n.
STAFF SOURCE: ~Director of Utilities . f5 ~ --==::=,,-
ii. Coun cil Bill No. 36 -Recomm endation from the Department of Parks and ~ /J f\./'
"R ecrea tion to adopt a bill for an ordinance authorizing an lntergovemme I "1fl)U,, •
A gree ment d efining joint responsibility between the City of Englewood a d ~~v Englewood Schools for care and maintenance of a Multiuse Recreational acility a
/ Sinclair Middle Sc hool. STAFF SOURCE: leaeH Bia~ Diryt~~ ~
Recreation, amlC:.arv Hed•ba,~ Manag& of Recreation . VO~ ___ ..,.
{{J iii. Co unci l Bill N o . 37:ecommendation from the Safety Services Department to u.r,-d 'J-{Jdop t a bill fo r an ordin ance approving a Memorandum of Understanding with the
Please no te: If you ha e a disability and need auxiliary aid s o r services, please notify the City of .Englewood
(303 -762 -2407) at leas t 48 hours in advance o f whe n services are needed. Thank you.
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Englewoo d City Council Agenda
A ugust 1, 2005
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Colorado Bureau of Investigations regarding the Violent ;J~~~ensi~
Program . STAFF SOURCE : Commander Byron Wicks. vv, ._-rJ , _
Approval of Ordinances on Second Reading.
Council Bill No. 14, as further amended, approving amendments to Title 16, C~ter_
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6 of the Englewood Municipal Code pertaining to Fences and Retaining Walls'/!}~
Resolutions and Motions.
f !J:l.. , i. Recommendation from the Department of Parks and Recreation to approve, by
~ ~, a contract for professional services for the development of a Parks Master
Plan . Staff recommends awarding the contract to EDAW, Inc., of Fort Collins.
/'] STAFF SOURCES: Jerreii i,~~ Di~~ of Pa_;, andjleueatio11 and Bate l1ct:,
t ~age•ofQpenSpace ~
ii . Recommendation from the Department of Safety Services to approve, by motion,,a
, contract to upgrade dispatch hardware and reporting softwar~. Staff recommends
~ awarding the contract to Logistic Systems. STAFF SOU~ yrr .... ( Rewemdi aud 1'1!cliiiol6gy Maitltger. Dll/llnP-0
12. Gen eral Discuss ion :
a. Mayor's Choice.
b . Council Members' Cho ice.
v0\ Motion authorizing the Englewood City Manager to enter into negotiations wit"1, ./_
. NMiller Weingarten Realty ~a~di~~ a Jedev~ment proposal i'Jf'1j~ /t,P :6""l
En'/~d Golf Course.~~ ~ / 11Vf7' ~ / . 'gjO_, VV
ii 8"ao Mu,?5) ./}.d-A,! '
13. City ~?r.
14 . City Attorney's Report. //C/0 _
~"" I=• -Joio l Defeo" Ag,ttmM I · Auro ,aJ fo,>.wood~
15 . Adjournmen t ·.o0r ,~
Please note: If you ha e a dtsablaty and nttd auxiliary aids Of services, pleue notify lhe City of Englewood
(3 03 · 62 ·2 407) .11 least 48 hours in advance of when services ,re needed. Tl*1k
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Englewood City Council Agenda
August 1, 2005
Page 4
The following minutes wer~ transmitted to City Council from July 15 -28, 2005:
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• Cultural Arts Commission meeting of June 1, 2005.
• Transportation Advisory Committee meeting of June 9, 2005.
• Code Enforcement Advisory Committee meeting of June 15, 2005 .
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Pleas e note : If you have a disability and need ~ry aids ot services, please notify lhe Clly of fnalewood
(303 -762 -2407) at least 48 hours In advMl<:e of when services -needed 1hank
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