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HomeMy WebLinkAboutCity Council Agenda Packet 07/22/2013CITY COUNCIL AGENDA: July 22, 2013 Page -2- ~ Motion to approve the second amendment to the Site Lease Agreement with New Singular Wireless PCS , LLC , for a five-year extension 4. Motion to approve payment to Gordon Sign, Denver, Colorado, in the amount of $102,945 for construction and installation of park signs ~ Resolution No . 28-2013-amending the Fiscal Year 2013 General Fund Budget to approve a supplemental budget appropriation in the amount of $5,900 to remit to Rainguet and Associates, LLC for the design and administration of a Promotional Assessment Process 6. Resolution No . 26-2013-approving a Collaborative Lumen Trial Agreement between the City of Wheat Ridge , Colorado and the Numerica Corporation for the development of a Crime Analysis Software System ORDINANCES ON FIRST READING 7 . Council Bill No . 11-2013-amending Sections 4-1 , 4-8 and 4-31 of the Wheat Ridge Municipal Code concerning the licensing of dogs and cats 8. Council Bill No . 10-2013 -adopting by reference the 2011 Edition of the National Electrical Code, providing penalties for violations thereof and amending portions of Chapter 5 of the Wheat Ridge Code of Laws concerning Electrical Inspections DECISIONS, RESOLUTIONS AND MOTIONS ~ Motion to accept the 2012 Comprehensive Annual Financial Report (CAFR) from Swanhorst & Company, LLC CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT City Council Minutes July 8 , 2013 Page 2 Jellison St. (9900 W . 441h Ave) from 11 am-3 pm this Saturday (7/13.) There will be plenty of rescue dogs available for adoption . Please come out, there will be food and a raffle . Also donations to the rescue groups is welcome including items such as canned food, blankets , collars, leashes , shampoo, etc. Brenda Hurley, 4090 Fenton Court, passed a long her appreciation for the Wheat Ridge Police Department responsiveness as there has been an increase in vandalism and thefts in her neighborhood . The Police Department took the complaints very seriously and addressed the concerns by increasing patrols of the neighborhood. Ms. Hurley commends the department and their quick response to this situation . APPROVALOFAGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .L Council Bill No . 09-2013 -An Ordinance reappointing Presiding Municipal Judge Christopher Randall , increasing his hourly compensation and approv ing a Presid ing Municipal Judge Services Agreement. Mayor DiTullio opened the public hearing . Council Membe r DeMott introduced Counc il Bill 09-2013. Deputy City Clerk Roome assigned Ordinance number 1539 . The City's Home Ru le Charter provides for appointment of the Municipal Court Judge for a term of two years . The current term of Presiding Judge Christopher Randall expires July 1, 2013. The Judge is presently compensated at $87 .15 per hour. This rate has been in effect since 2007 . The Judge requested an increase to $91 .51 per hour, representing a 5% adjustment. Staff Report : Mr. Dahl stated he had nothing further to add Public Comment: None Mayor DiTullio closed the publ ic hearing . Motion by Councilmember DeMott to approve Council Bill No. 09-2013 , an ordinance reappoint ing Presiding Municipal Judge Christopher Randall, increasing his hourly compensation and approving a presiding municipal judge services agreement, on second reading and that it take effect upon adoption , as permitted by the Charter; seconded by Councilmember Pond ; carried 8-0 . 2. Reso lution No . 23-2013 -A Reso lution approving a Two -Lot Subdivis ion Plat with a Right-of-Way Dedication for property zoned Residential-Three (R-3) and City Council Minutes July 8, 2013 Page 3 Neighborhood Commercial (NC) located at 5801 W . 38th Avenue/4000 Fenton Court (Case No. MS-13-02/Incarnation) Mayor DiTullio opened the public hearing. Council Member Davis introduced Resolution 23-2013. Staff Report: Meredith Reckert provided Council with a digital presentation which states that the applicant is requesting approval of a two-lot subdivision plat for property zoned R-3 and NC at 5801 W. 38th Avenue/4000 Fenton Court. The purpose of the request is to prepare the site for development of 26 new residences and to dedicate street right-of- way. Applicant: Mark Young, Denver, addressed Council regarding the extra steps they have taken to provide Wheat Ridge with the best product possible. They have exceeded all of the outlines that have been placed on them from the Planning Commission. Asked for Council to reconsider the fees that the Parks Commission has stated are necessary to receive their approval. Public Comment: Sheldon Ronholdt, 4075 Fenton Court, spoke in opposition of the planned development. Ellen Goodnight, 5825 W. 39th Avenue, stated some opposition of the planned development and hopes that Council can be proactive and address her concerns. Brenda Hurley, 4090 Fenton Court, spoke in opposition of the planned development. 7 :46pm : Mayor DiTullio took a five minute recess so the City Attorney could research the issue. 7:51 pm: Mayor DiTullio reconvened the meeting Mayor DiTullio closed the public hearing. Motion by Councilmember Davis to approve Resolution No . 23-2013, a resolution approving a two-lot subdivision plat with a right-of-way dedication for property zoned Residential-Three (R-3) and Neighborhood Commercial (NC) located at 5801 W . 38 1h Avenue/4000 Fenton Court, for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws . 2 . The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. City Council Minutes July 8, 2013 Page4 3. The Subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws; seconded by Councilmember Reinhart; Motion by Councilmember Davis to amend the main motion that the applicant pay a fee-in-lieu of parkland dedication prior to the issuance of the first building permit in the amount of 50% of the required fee as determined by a certified appraisal of the property as calculated per Section 26-421.F.2 of the Code OR $89,500, whichever is less, with 1 00% of the fee to be paid to the City to be used as allowed by Section 26-421. F .4 of the Code; seconded by Councilmember Pond; carried 8-0. Main motion carried 8-0 8:15pm: 5 minute break called by Mayor DiTullio 8:20 pm: Mayor DiTullio reconvened the meeting ~ Resolution No. 22-2013 -A Resolution approving a 48-Lot Subdivision Plat with Right-of-Way Dedications for Property Zoned Planned Residential Development (PRO) Located at 11885 W. 38th Avenue (Case No. WS-13-01/Doud Overlook) Mayor DiTullio opened the public hearing. Council Member Pond introduced Resolution 22-2013 . Staff Report: Meredith Reckert provided Council with a digital presentation showing that the applicant is requesting approval of a 48-lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development (PRO) located at 11885 W. 38th Avenue. The purpose of the subdivision is to prepare the property for development of a new residential subdivision. Applicant: Rip Reid, spoke in behalf of his company stating their goals of creating a new subdivision. They are under contract to purchase the land from the original developer. Russ Burrows, consulting Civil Engineer, answered questions regarding the detention pond that is proposed for the site. Public Comment: Ava Nagy, 3834 Union Court, wants two lots eliminated in order to keep lot sizes similar to those of the existing neighborhoods to the east and west. Ken Asbury, 3882 Union Court, is happy with the developer as they appear to have a good product but is also concerned with lot sizes adjacent to his neighborhood. Marilyn Fisher, 3850 Union Court, is also happy with the developer as they appear to have a good product but is also concerned with lot sizes adjacent to his neighborhood. City Council Minutes July 8, 2013 Page 5 Steve Fisher, 3850 Union Court, also wants the lot sizes to match his neighborhood and feels this can be obtained by e liminating one lot. Mayor DiTullio closed the public hearing. Motion by Councilmember Pond to approve Resolution No . 22-2013, a reso lution approving a 48-lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development (PRO) located at 11885 W . 38th Avenue , for the following reasons: 1. City Council has conducted a proper public hearing , meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3 . The Subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. With the following conditions : 1. Property addresses be added to Sheet 3 of the plat document prior to recordation 2 . The HOA covenants be provided for staff review prior to plat recordation 3 . The City continues to work with Jefferson County Open Space to finalize the procurement of the temporary and permanent easements in the open space area 4 . The property be assessed for fees in lieu of parkland dedication, based on the appraised value of the land , after land entitlements have been approved, subject to staff review and approval. Said fees to be paid prior to the issuance of the first building permit 5. The developer enters into a City standard subdivision improvement agreement with required security, prior to recordation of the subdivision plat. Seconded by Councilmember Stites ; carried 8-0 . DECISIONS, RESOLUTIONS AND MOTIONS 4. Resolution No. 24-2013 -A Resolution amending the Fiscal Year 2013 Capital Investment Program Budget to reflect the approval of a Supplemental Budget Appropriation in the Amount of $49,905 to fund the 38th Avenue Streetscape Concept Design and awarding the contract to Entelechy, Denver, CO, for a not- to-exceed amount of $49 ,905. Council Member Reinhart introduced Resolution 22-2013 . City staff is preparing the next incrementa l implementation phase of the 38th Avenue Corridor Plan adopted by City Council in October, 2011 . The 38th Avenue Streetscape Concept Des ign will prov ide needed gu idance for the future construction of the streetscape element to the corridor. Entelechy has been selected to perform the corridor City Council Minutes July 8, 2013 Page 6 streetscape concepts design work for a not-to-exceed amount of $49,905. A budget appropriation of said amount is required to fund this work effort. Motion by Councilmember Reinhart to approve Resolution No. 24-2013, a resolution amending the fiscal year 2013 Capital Investment Program Budget to reflect the ap~roval of a supplemental budget appropriation in the amount of $49,905 to fund the 38 h Avenue Streetscape Concept Design and awarding the contract to Entelechy, Denver, CO , for a not-to-exceed amount of $49,905; seconded by Councilmember Pond; carried 6-2 with Councilmembers Stites and DeMott voting no . .§.. Motion to Ratify Mayoral Appointment to the Housing Authority . Council Member Pond introduced Agenda Item #5. Members of the Housing Authority are appointed by the Mayor and ratified by City Council. The Mayor met with Mr. Abbott and found that he is very interested in taking part of the Fruitdale School project. Mr. Abbott also has a wealth of knowledge and experience in the construction industry to include fixing, repairing, and inspecting residential properties. Mayor DiTullio is recommending that Thomas Abbott be appointed to the Housing Authority representing District Ill. Motion by Councilmember Pond to ratify the District Ill Mayoral appointment of Thomas Abbott to the Housing Authority, term to expire March 2, 2017; seconded by Councilmember Stites; carried 8-0. CITY MANAGER'S MATTERS Mr. Johnstone discussed the human remains found earlier in the week in Park County, there will be a press conference on Tuesday morning at 10 :00 a .m. in City Council Chambers. CITY ATTORNEY'S MATTERS Nothing CITY CLERK'S MATTERS Nothing ELECTED OFFICIALS' MATTERS Mayor DiTullio was the opening speaker at the Jefferson County Summit on Aging. The Mayor updated those in attendance, about 200 people, that Wheat Ridge is ahead of the game when it comes to senior support programs, such as the Senior Circulator Bus and the new 88 Town Center Apartments strictly for seniors. Wheat Ridge is either on the cutting edge or the bleeding edge of senior services since 1 in 4 residents in Wheat Ridge are over the age of 60. The Mayor would like Council to consider increasing the amount of funding to the Senior Circulator Bus in the 2014 budget from ,.~A~ .. ~ .. City of • I?' WheatR.i_dge ITEMNO:_j_ DATE: July 22 , 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 25-2013 - A RESOLUTION APPROVING A LEASE AGREEMENT WITH JEFFERSON COUNTY FOR THE PURPOSE OF MANAGING CERTAIN REAL PROPERTY FOR RECREATIONAL GOLD PANNING D PUBLIC HEARING D BIDS/MOTIONS [gj RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 N° READING D YES City Manager There is an area ofland west ofl-70 and Youngfield at 41 51 Avenue adjacent to Clear Creek that is within the City ofWheat Ridge boundaries. This land is owned by Jefferson County. This area is undeveloped and appears to be a continuation of open space, but is vacant land located in the master plan area for the Clear Creek development project. Because the land is neither County nor City of Wheat Ridge open space the gold panning activity that occurs in the creek is not managed. Due to the lack of management of this area the activity is impacting trail use and the integrity of the creek bed and banks. Recreational users of the site have been requesting for many years that rules be enforced in the area for recreational gold panning only. This lease will allow the City to create and enforce rules regarding motorized equipment, pipe sizes and locations for dredging. Leasing the land to the City will allow the Parks and Recreation Department to develop rules to manage the gold panning and reduce the environmental impacts to the creek banks. Gold Panning Lease Agreement July 22, 2013 Page2 PRJOR ACTION: City Council accepted a trail corridor easement from the County through this area on March 14, 2011. This land is included in the master plan for the Clear Creek Crossing development. Jefferson County Administration staff, Open Space staff, and City of Wheat Ridge staffhave met with stakeholders to reach a solution to this issue. Jefferson County Commissioners approved the lease on June 25, 2013. FINANCIAL IMPACT: The financial impact for this program will be approximately $500 for rules signage. BACKGROUND: Gold panning is an activity that has been occurring in this area of Clear Creek for over 1 00 years. The area is historically referred to as the Arapahoe Bar. To access this area of the creek users carry or trailer their equipment and walk in on the Clear Creek trail. Jefferson County Open Space does allow gold panning in open space areas , specifically Clear Creek located in the Clear Creek canyon west of Golden. The City of Wheat Ridge does not allow gold panning in Clear Creek within the Wheat Ridge Greenbelt. Rules will be developed with user groups, county open space staff and City of W11eat Ridge staff. The area will be open to the public, sunup to sundown, which is consistent with the Wheat Ridge Greenbelt hours. The area will be maintained by City of Wheat Ridge Open Space staff. It is the intent of the County that this property remains in the master plan for the Clear Creek Crossing development and all options for use of the property remain available. RECOMMENDATIONS: Staff recommends approval of the lease agreement. RECOMMENDED MOTION: "I move to approve Resolution No. 25-2013, a resolution approving a lease agreement with Jefferson County for the purpose of managing certain real property for recreational gold panning." Or, "I move to deny Resolu6on No. 25 -2013, a resolution approving a lease agreement with Jefferson County for the purpose of managing certain real property for recreational gold panning for the following reason(s) " Gold Panning Lease Agreement July 22 , 2013 Page 3 REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Director Parks and Recreation Patrick Goff, City Manager ATTACHMENTS: I. Resolution No. 25-2013 2. Lease agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 25 Series of 2013 TITLE: A RESOLUTION APPROVING A LEASE AGREEMENT WITH JEFFERSON COUNTY FOR THE PURPOSE OF MANAGING CERTAIN REAL PROPERTY FOR RECREATIONAL GOLD PANNING WHEREAS , Jefferson County is the owner of certain real property described in Exhibit A-1 and depicted , for reference purposes only in Exhibit A-2 , both of which are attached hereto and incorporated by reference (the "Lease Property") and; WHEREAS , the County does not currently intend to develop the Lease Property for open space , park or recreational purposes , but believes that such Lease Property should be developed , maintained and operated for public recreational gold panning by the City of Wheat Ridge; and WHEREAS , the City , acting through its City Council, has determined it to be in the interest of its res idents to enter into a lease with the County to develop , operate and maintain the Lease Property for public recreational gold panning . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge , Colorado , as follows : THE ATTACHED LEASE AGREEMENT WITH JEFFERSON COUNTY FOR THE PURPOSE OF MANAGING CERTAIN REAL PROPERTY FOR RECREATIONAL GOLD PANNING IS HEREBY APPROVED. DONE AND RESOLVED this 22nd day of July 2013. Jerry DiTullio , Mayor ATTEST : Janelle Shaver, C ity Clerk Attachment 1 LEASE AGREEMENT THJS LEASE AGREEMENT ("Lease"), dated for reference purposes only this __ day of , 2013 , is between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the "County") and the CITY OF WHEAT RIDGE, a municipal corporation (the "Lessee"). RECITALS A . The County is the owner of the property described in Exhibit A-1 and depicted , for reference purposes only in Exhibit A-2 , both of which are attached hereto and incorporated by reference (the "Lease Property"); and B. The County does not currently intend to develop the Lease Property for open space, park or recreational purposes , but believes that such Lease Property should be developed , maintained and operated for public recreational gold panning by the Lessee ; and C . The Lessee is desirous of entering into a lease with the County to develop , operate and maintain the Lease Property for public recreational gold panning. NOW, THEREFORE, in consideration of the mutual agreements , conditions and provisions hereinafter set forth , the parties to this Lease agree as follows: I. PROPERTY LEASED. The County leases to the Lessee and the Lessee leases from the County the Lease Prope1ty. The Lease Property is leased "as is .. without an y warranties . 2. TERM AND COMPENSATION . The term ofthis Lease shall be ten years from the date of its execution by the Jefferson County Board of County Commissioners (the "Board"), thereby ending on , 2023 , unless terminated earlier as provided herein. No monetary compensation or lease payments are required of the Lessee. 3 . USE OF LEASE PROPERTY. (a) The Lessee covenants and agrees to only use the Lease Prope1ty for public recreational gold panning purposes. The County Open Space Program will assist Lessee in establishing rules or guidelines and a monitoring system for gold panning on the Lease Property. The Lessee is authorized to adopt and enforce such rules , guidelines , and monitoring system at its discretion . Wheat Ridge Gold Pa nni ng Lease .6-1 0-13.doc Attachment 2 (b) The Lessee may not alter the floodplain within the Lease Property. (c) A 36'" culvert (''Culvert .. ) exists on the Lease Proper1y. the location of which is depicted on Exhibit B attached hereto and incorporated by reference. The Culvert drains an adjoining wetland area for which the County is responsible under the U.S. Corps of Engineers · jurisdiction. The Lessee may not alter or obstruct the Culvert or its operation in any way. The County shall have access to the Lease Property at all reasonable times , without notice to the Lessee, including for access to the Culvert for the purposes of operation. maintenance, and repair. (d) The Lessee shall not install any improvements or structures on the Lease Property except for signs approved by the County. (e) The County retains ownership of the land. water. water rights. wells and any related improvements that are appurtenant to the Lease Proper1y. (f) The Lessee shall not use. keep, or permit any substance or material in or about the Lease Property that may vitiate or endanger the validity of the insurance thereof or increase the hazard or risk of fire or flooding . (g) The Lessee shall keep the Lease Property clean and in a sanitary condition and , to the greatest extent possible within its standard Police and Parks and Recreation budgetary restrictions. shall not permit any disorderly conduct. undue noise or nuisance on the Lease Property. (h) The Lessee shall not use or authorize or permit others to use the Lease Property for any purpose prohibited by the laws of the United States. the State of Colorado. and the City of Wheat Ridge. The Lessee shall comply with all current zoning regulations set forth in the Clear Creek Crossing Planned Commercial Development. which permits open space and outdoor recreation. The parties agree that gold panning is permitted on the Lease Property. within the limitations as to nuisance and noise. and the requirements imposed by Lessee. as elsewhere herein established or permitted. (i) Upon the termination or expiration of this Lease the Lessee shall. within thirty (30) days thereof, remove any and all signs placed pursuant to this Lease. (j) The Lessee. and not the County , shall be responsible for the total operation. management. and maintenance of the Lease Property . Whe at R1d ge Go ld Pannmg Lease 6-10-13 doc 2 4. TERMINATION. (a) !fat any time the Lease Property is not used for the public open space, park or recreation purposes authorized herein , this Lease shall promptly and automatically terminate. (b) If either party defaults or fails to keep any covenants or agreements to be performed by such party , the non-defaulting party may declare this Lease terminated ; provided the non-defaulting party shall give the defaulting party written notice of such alleged default, and the defaulting party shall have a period of thirty (30) days to cure the alleged default. (c) Either party may terminate this Lease without cause and for any reason including, without limitation , if the County were to receive an offer to purchase the Lease Property, by providing written notice to the other party at least sixty (60) days prior to termination. (d) Whenever this Lease expires or is terminated , all rights , duties and obligations hereunder shall terminate except insofar as any duties or obligations hereunder that are declared in this Lease to survive the termination of this Lease , at which time the Lessee shall promptly surrender and deliver up the Lease Property peaceably to the County in accordance with this Lease, and in the same condition as the date of execution of this Lease, ordinary wear, tear and damage by elements and acts of God excepted. Upon the request of the County , the Lessee and the County shall execute and the County may record a notification of a release or termination of this Lease in the records of the Clerk and Recorder's Office. 5. PRIORITY TO COUNTY RESIDENTS, FEE DIFFERENTrALS. The Lessee covenants and agrees that regarding the use of the Lease Property , including any improvements thereon , the following shall apply: (a) No Lessee resident shall be given preference concerning use of the Lease Property or any activities therein. (b) Jefferson County residents shall be given use priority preference over non- County residents. (c) No fee preference shall be given to the Lessee's residents over other Jefferson County residents concerning use of the Lease Property. (d) If fees are ever charged on the Lease Property , fee differentials shall be charged for non-Jefferson County residents. Wheat Rid ge Gold Pa nning Lease .6-1 0-13.doc 3 6 . INDEMNIFICATION AND RELEASE. To the extent permitted by Jaw. and within the limitations imposed by the Colorado Constitution and statutes, the Lessee agrees to and does hereby release, waive, discharge. indemnify and hold the County. its officials, agents. employees, successors and insurers harmless from and against any actual or alleged injury. liability. or damage. including attorneys' fees , related to or arising out of use of the Lease Property by the Lessee or any other person or entity. To the extent the Lessee requires a public user of the Lease Property to execute a release. waiver or indemnification pertaining to its use of the Lease Property. the County shall also be identified as a beneficiary of the instrument. The obligations of this paragraph shall survive termination ofthe Lease. 7. ENV IRONM E TAL IND EMNIFICAT ION . To the extent permitted by law. and within the limitations imposed by the Colorado Constitution and statutes, the Lessee agrees to indemnify and hold harmless the County for any and all (I) civil. legal and administrative costs: (2) fines and penalties ; (3) response. remedial and clean-up costs: and (4) other costs (including attorneys· fees) or liability arising from the introduction by the Lessee or any of its authorized agents or officers of any Hazardous Materials to the Lease Property during the term of this Lease. except any Hazardous Material that may have been directly introduced by the County. As used herein. the term "Hazardous Materials" means flammable or explosive materials. petroleum or petroleum products. oil. crude oil. methane gas or synthetic gas usable for fuel , radioactive materials. asbestos or any hazardous. toxic or dangerous substances. materials or wastes which are regulated under any applicable county. municipal, state or federal law. rule. ordinance. direction , or regulations as may be amended from time to time. The obligations of this paragraph shall survive termination of the Lease. 8. I SURA CE. During the term of this Lease. the Lessee shall maintain the insurance coverages and comply with the requirements set forth in Exhibit B. attached hereto and incorporated by reference . 9. NON-ASSIGNABILITY. This Lease is not assignable. nor may the Lessee sublease any portion of the Lease Property. I 0. FURTHER ASSURA CES. It is the intent of the parties that notwithstanding anything contained to the contrary herein. all right. title and interest in the Lease Property and any and all improvements located thereon or connected therewith. regardless of when such improvements were placed upon the Lease Property. shall be fully vested in the County as of the termination of this Lease. The Lessee, upon the request of the County, will at any time execute. acknowledge, deliver and record such further instruments as may be necessary or proper to carry out this intent, and hereby irrevocably appoints the County as its agent to execute and deliver such instruments as may be necessary. II. LEASE PROPERTY ENCUMBRANCES. The County grants, and the Lessee accepts. this Lease subject to all encumbrances. including. without limitation , any easements, covenants and rights-of-way . The County reserves the sole and exclusive right to grant or use additional encumbrances on, over. and across or under the Lease Wheat R1dgc Gold Pannmg Lease 6·1 0·13 doc 4 Property during the term of this Lease. The County shall give prior written notice of any such encumbrances contemplated by the County after the date of execution of this Lease to the Lessee. 12. FUNDING FOR LEASE PROPERTY. The Lessee shall obtain written approval from the County Open Space Director prior to applying for grant funds or other third- party funding for use at the Lease Property if any associated grant or funding document may in any way encumber the Lease Property. For any grant or other funding the Lessee seeks pertaining to the Lease Property that will not in any way encumber the Lease Property, the Lessee shall simply copy the County Open Space Director on the grant or funding application 13. ATTORNMENT. The Lessee agrees that ifthe interests ofthe County are transferred for any reason , the Lessee shall be bound to and shall attorn to the successor to the County"s interests under all of the terms, covenants and conditions of this Lease for the balance of the term thereof remaining and shall recognize such successor as its landlord hereunder. 14. MISCELLANEOUS PROVISIONS. (a) This Lease may not be modified or amended except by an agreement in writing signed by the parties. (b) No term or provision hereof shall be deemed waived unless the waiver shall be in writing and signed by both parties . Any failure by one party to insist upon the other party 's strict performance of any of the terms of this Lease shall not constitute a waiver of those or any other terms. Any delay in exercising or enforcing any rights with respect to one party 's alleged breach of this Lease shall not preclude the other party from exercising any rights hereunder or at law or in equity. (c) Time is of the essence with respect to this Lease. (d) Any notice or communication given pursuant to this Lease shall be given in writing , either in person or by certified mail , return receipt requested. Such notice shall be deemed given at the time indicated on the duly completed return receipt. (e) Notice to the Lessee shall be delivered or mailed to: or such other address as the Lessee may from time to time designate by written notice to the County. Whea t Ridge Go ld Panning Lcase .6-l 0-13 .doc 5 (t) Notice to the County. including any Certificates of In surance, shall be delivered or mailed to: with a copv to: Director. Jefferson County Open Space Division 700 Jefferson County Parkway, Suite I 00 Golden. CO 8040 I Jefferson County Attorney"s Office I 00 Jefferson County Parkway Golden, CO 80419-5500 or such other address as the County may from time to time designate by written notice to the Lessee. WITNESS WHEREOF. the parties have executed this Lease. W heat Rtd ge Gold Pa nnmg Lease 6 -1 0-13 doc 6 ATTEST: Deputy Clerk STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) COUNTY OF JEFFERSON STATE OF COLORADO By : ___________ _ Donald Rosier, Chairman Board of County Commissioners Subscribed and sworn to before me this day of _____ . 2013 , by Donald Rosier as Chairman of the Jefferson County Board of Commissioners . WITNESS my hand and official seal. My Commission Expires: ______ _ APPROVED AS TO FORM : Steven L. Snyder Assistant County Attorney Wheat Ridge Gold Panning Lease .6-I 0-I 3.doc Notary Public 7 STATE OF COLORADO ) ) ss. COU TY OF JEFF ERSO ) CITY OF WHEAT RIDGE, a municipal corporation By __________________ __ __________________________ .Mayor The foregoing instrument was acknowledged before me this ____ day of ______________ ,2013by _________________ as Mayor of the City of Wheat Ridge , a municipal corporation. WITNESS my hand and official seal. My Commission expires: otary Public Wheat R1d gc Gold Pannin g Lease 6-10-13 doc 8 CLEAR CREEK GOLD PANNING LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN TRACT C OF CLEAR CREEK CROSSING SUBDIVISION FILING NO . 1, AS RECORDED IN RECEPTION NUMBER 2011072532 OF THE JEFFERSON COUNTY RECORDS AND ALSO LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20 , TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN , CITY OF WHEAT RIDGE , COUNTY OF JEFFERSON , STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : ALL THAT PART OF SAID TRACT C LYING NORTHERLY OF THE TRAIL EASEMENT DESCRIBED IN RECEPTION 2011032502 OF THE JEFFERSON COUNTY RECORDS. LAWRENCE L. PFIFER , PLS 27612 PREPARED FOR AND ON BEHALF OF JEFFERSON COUNTY JEFFERSON COUNTY OPEN SPACE 700 JEFFERSON COUNTY PARI<YVAY , SUITE 100 GOLDEN , CO 8040 1 (303) 271 -5925 EXHIBIT A-1 INSURANCE REQUIREMENTS-GENERAL I Prior to the commencement of any work the vendor shall forward certificates of insurance to the department specified in the award document. II Certificate Holder must be Jefferson County, Colorado. Required II Jefferson County must be added as an additional insured to general liability, auto liability, and Required any excess liability policies. Ill In surance-Minimum requirement Workers compensation-statut01y limits provided by an insurance carrier that is licensed to do Required business in Colorado. The policy shall contain a Waiver of Subrogation on behalf of Jefferson County. Employer's liability -$1 00.000 each accident $500.000 disease policy limit $100 ,000 disease each employee Commercial General Liability Required The policy must not exclude or reduce coverage for mobile equipment, personal injury : blanket $1M ea contractual ; and death. Personal injury coverage must have the employee exclusion deleted . The occurrence policy shall contain a Waiver of Subrogation on behalf of Jefferson County. $2M general aggregate Commercial automobile liability insurance-including hired and non-owned vehicles. if autos are Required used in the performance of work under this agreement. Combined single limit for bodily injury and $1M CSL per property damage. accident All deductibles or self-insured retentions (SIRs) in excess of$5 ,000 must be li sted on the certificate Required of insurance Certificates of insurance on all policies to the county shall provide written notice of not les s than 30 Required days prior to cancellation or non-renewal of coverage The insurance requirements specified by the county shall remain in effect for the full term of the Required contract and/or agreement and any extension thereof. Updated Certificates of Insurance shall be sent to the county during the full term of the contract and/or agreement and any extension thereof. The county reserves the right to reject any in s urer it deems not financially acceptable on insurance Required industry resources . Property and liability insurance companies shall be licensed or approved to do business in Colorado. Additionally the county reserves the right to reject any insurance with relatively large deductibles or self-insured retentions (SIRs). deemed by the county to pose too high a risk based on the size of the contractor. financial s tatus or rating of the contractor, or based on the size or type of the project and the exposure. IV Any deviations below the standards given above must be approved by Jefferson County Risk Required Management v Any subcontractors must meet the same insurance requirements for the contract or purchase Required order unless Risk Management has approved a deviation EXHIBIT C Council Action Form July 22 , 2013 Page2 improve until the position is funded and equipment is acquired. When this happens , the committee anticipates the responsiveness will improve greatly. The Jefferson County Board of County Commissioners approved the attached inter- governmental agreement on May 20 , 2013 . PRJOR ACTION: A staff report was presented at a study session to the City Council on January 28 , 2013.The Council consensus was for the police department to continue their participation in the committee with the intent of becoming a member agency. FINANCIAL IMPACT: The assessment for the police department would be: • 2014:$31 ,279 .78 (Prorated-depending upon when the crime lab becomes operational as determined by the Governing Board) • 2015:$31 ,279.78 • 2016: (To be determined by the Governing Board) BACKGROUND: The Jefferson County combined crime laboratory has been one of the recent regionalization efforts of the Jefferson County law enforcement agencies. This effort began with a multi- jurisdictional committee being formed at the direction of the law enforcement agency CEO 's . A number of meetings were held throughout 2012 and will continue throughout 2013. There were a number of studies conducted to detennine the feasibility of a combined crime laboratory serving the needs of Jefferson County law enforcement agencies and the communities served. Citizens are demanding that criminals be held accountable for their crimes and they have high expectations when it comes to evidence processing. Through the combined laboratory project, the City will experience quicker turnaround times for the analysis of evidence, thus providing the police department the opportunity to resolve active criminal investigations in a more timely manner. Reducing the amount of downtime waiting for forensic analysis will also be of benefit in the investigation of pattern crimes. The ability to file criminal charges in a timely manner strengthens the prosecution of criminal offenders and aids in the closure of cases. RECOMMENDATIONS: It is recommended that the City Council approve the intergovernmental agreement to establish the Jefferson County Regional Crime Laboratory. RECOMMENDED MOTION: "I move to approve Resolution No . 27-2013 , a resolution approving an intergovernmental agreement between the cities of Arvada, Golden , Lakewood , Wheat Ridge and the county of Jefferson to establish the Jefferson County Regional Crime Laboratory. Council Action Form July 22,2013 Page 3 Or, "I move to postpone indefinitely Resolution No. 27-2013 , a resolution approving an intergovernmental agreement between the cities of Arvada, Golden, Lakewood , Wheat Ridge and the county of Jefferson to establish the Jefferson County Regional Crime Laboratory for the following reason(s) " REPORT PREPARED/REVIEWED BY: Joseph Cassa , Division Chief Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 27-2013 2 . Intergovernmental Agreement, with Exhibit A 3. Staff Report of 1/28/2013 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 27 Series of 2013 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF ARVADA, GOLDEN, LAKEWOOD, WHEAT RIDGE AND THE COUNTY OF JEFFERSON TO ESTABLISH THE JEFFERSON COUNTY REGIONAL CRIME LABORATORY WHEREAS, the City of Wheat Ridge, Colorado (the City), acting through its City Council (Council) is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for protection of the public health, safety and welfare; and WHEREAS, pursuant to C.R.S. § 29-1-203, the City and Jefferson County (the County) are authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, the City and the County are each authorized to perform law enforcement functions; and WHEREAS, the County Sheriff's Department is establishing a regional forensic crime laboratory and associated personnel to provide forensic evidence analysis; and WHEREAS, the City does not currently possess such specialized lab facilities or personnel; and WHEREAS, the Council finds that the City's use of the regional crime lab may result in quicker turnaround time on the analysis of certain evidence, thus providing the City Police Department the opportunity to resolve active criminal investigations more quickly; and WHEREAS, the Council further finds that the ability to file criminal charges in a timely manner strengthens the prosecution of criminal offenders in the criminal justice system which aids in the closure of cases for crime victims; and WHEREAS, the Council therefore determines that entering into an intergovernmental agreement under which the City Police Department may use the regional crime lab facilities and personnel would promote and protect the public health, safety and welfare of the citizens of Wheat Ridge; and WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the Council, acting by resolution or ordinance, to enter into contracts or agreements with other governmental units or special districts for joint use of buildings, equipment, facilities, or for furnishing or receiving commodities or services. Attachment 1 NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The attached Intergovernmental Agreement to establish the Jefferson County Regional Crime Laboratory is hereby approved. The Mayor and City Clerk are authorized to execute the same. Section 2. This Resolution shall be effective immediately. DONE AND RESOLVED this 22nd day of July, 2013. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk 2 INTER-GOVERNMENTAL AGREEMENT TO ESTABLISH THE JEFFERSON COUNTY REGIONAL CRIME LABORATORY CITIES OF ARVADA, GOLDEN, LAKEWOOD, WHEAT RIDGE AND THE COUNTY OF JEFFERSON THIS INTER-GOVERNMENTAL AGREEMENT (this "Agreement") is made this 14th day of May 2013, by and between the City of Arvada, a home rule municipality under the laws of the State of Colorado with a principal location at 8101 Ralston Road, Arvada, Colorado 80001; the City of Golden, Colorado, a home rule municipality under the laws of the State of Colorado with a principal location at 911 1oth Street, Golden Colorado 80401; the City of Lakewood, Colorado, a home rule municipality under the laws of the State of Colorado with a principal location at 480 S Allison Parkway, Lakewood, Colorado 80226; the City of Wheat Ridge, Colorado a home rule municipality under the laws of the State of Colorado with a principal location at 7500 W 29 1h Avenue, Wheat Ridge Colorado 80033; and the County of Jefferson, a county government under the laws of the State of Colorado with a principal address at 100 Jefferson County Parkway, Golden Colorado 80401. The foregoing are also referred to herein collectively as the "Parties" or singly as a "Party." WHEREAS intergovernmental agreements to provide functions or services, including the sharing cost of such services or functions by political subdivisions of the State of Colorado, are specifically authorized by Section 29-1- 203 C.R.S. and WHEREAS, the municipalities encourage the development of regional coalitions of local governments in order to establish efficient and effective delivery of municipal services; and WHEREAS, the County of Jefferson and cities of Lakewood and Arvada currently have forensic crime laboratories which process evidence from crime scenes to aid in the detection and prosecution of criminals; and WHEREAS, recent years have seen a sharp increase in the need for forensic analysis of evidence; and WHEREAS, it will be to the advantage of all Parties and to the health, safety and welfare of the citizens of the State of Colorado, to cooperate to provide a regional forensic crime Laboratory in the County of Jefferson, enabling each Party to improve its law enforcement services for the public and to relieve and supplement the State Crime Laboratory; and 1 Attachment 2 WHEREAS, all Parties are willing to share in the expense in a regional forensic crime Laboratory through this Agreement , with the County of Jefferson being the designated location for such Laboratory; and WHEREAS, this Agreement shall be considered an inter-governmental cooperation agreement pursuant to Section 29-1-203 C.R.S . for the purpose of providing a regional forensic crime Laboratory (the "Lab") available for use of each Party on a cost-sharing basis on the terms and conditions in this Agreement. The Lab shall be known as the Jefferson County Regional Crime Laboratory, or such other name as shall be mutually determined by the Parties, NOW THEREFORE, in consideration of the mutual promises and covenants herein , the Parties agree as follows : 1. Location of Lab: The Lab shall be located at 200 Jefferson County Parkway, Golden, Colorado 80401 . 2. Establishment of Board: a. There is hereby established a governing Board (the "Board ") for the Lab consisting of the following: The Police Chiefs of Arvada , Golden , Lakewood and Wheat Ridge , or their authorized designee(s), and the Jefferson County Sheriff or his/her authorized designee . Each Party shall have one representative on the Board at all times . b. The Board shall act as an administrative Board with the following duties : i. Establish policies and procedures for the operation of the Lab, including without limitation , final approval of the initial outfitt ing and equipping of the Lab, operational schedule , policies setting forth the scope of forensic services to be provided through the Lab, policies regarding access to and prioritization of Lab resources, and personnel policies; ii. Produce an annual report with budget recommendations or any other recommendations for modification , revision or repeal of this Agreement ; iii. Make recommendations to each Party as to the terms for any additional agreements or amendments needed to effectuate this Agreement , or as to additional cost items not included in the budget set forth in Section 4 below . c. The Board Year shall be from July 1 -June 30 of each year. d. The Board shall select a Chair from its members to serve during each Board Year. All Board recommendations shall require a favorable vote 2 of a simple majority of the entire Board . Any recommendations which require physical or operating modifications to the Lab, modifications to costs assumed by the County of Jefferson under Section 6.b.ii. below, or which impact the construction of the Lab or purchase and installation of fixed equipment of the Lab by the County of Jefferson shall require the additional express approval of the Jefferson County Sheriff. e. Upon receipt of written notice of Board recommendations as to the budget, or additional agreements or amendments, each Party shall review those recommendations, with budget recommendations to be considered in time to be included in the upcoming fiscal year budget. If a majority of the Parties approve such recommendations, then all Parties to this Agreement are bound thereby so long as they remain a Party to this Agreement. 3. Lab Director a. The Board shall appoint a "Lab Director" who shall be responsible for the supervision and management of day to day operations of the Lab. The Lab Director may be an employee of any Party to this Agreement. Appointment of any individual as the Lab Director shall not affect that person's status as an employee of any of the Parties. b. The Lab Director shall serve a term as directed by the Board. The Lab Director may be removed from his or her position at any time by a simple majority of the entire Board, and shall be replaced by another person appointed by the Board upon removal. 4. Budget. Each year, the Board shall recommend a budget of itemized expenditures and revenues to each Party no later than June 30 1h of each year, including expenditures in addition to those required in Section 6, for the upcoming fiscal year of lab operations and which may include funds payable to a contingency account as set forth in Section 6.vi below. For purposes of this Agreement the fiscal year for Lab operations shall run January 1 through December 31 of each year. For fiscal years 2014 and 2015, the Parties agree that the initial Lab budget is established effective December 31, 2012, as shown in Exhibit A which is attached hereto and incorporated by this reference. If operations begin after January 1, 2014, for any partial year 2014 operations the proration of total contributions from each Party shall be at the discretion of the Board, and will be determined for each year no later than June 30 of the year preceding . 5. Functional Organization: Each Party's employees using the Lab shall be and remain the employees of their respective employers for all purposes, regardless of where they may be working or their presence in the Lab. Daily 3 supervision of all employees shall be the responsibility of the Lab Director. Any discipline or performance issues will be communicated by the Lab Director to an employee 's respective Party . Any discipline imposed against an employee shall be the responsibility of the employing Party. All employees shall be required to follow rules for the use of the Lab which shall be promulgated by the Board. When vacancies occur within the Lab staff, the Board may make recommendations to the employing Party when filling the vacancy based upon expertise required and the employing Party's job description . All hiring decisions will remain in the sole discretion of the employing Party. The Lab will be initially be staffed with 13 full-time employees. The Sheriff will provide eight (8) employees , the City of Lakewood four (4) employees and the City of Arvada one (1) employee. For calendar year 2015 , the Sheriff shall contribute an additional employee to the Lab . Beyond calendar year 2015, the number of employees and need for any additional employees will be reviewed annually by the Board. Costs for salaries and benefits for any additional employees beyond the original 14 employees set forth herein will be funded fifteen percent (15%) by the Sheriff and eighty-five percent (85%) by cost contributions from the Municipal Parties as set forth in Section 6 below. At the request of any Party , the presence of any emp loyee at the Lab shall be reviewed by the Board . 6. Costs: Costs shall be allocated between the Parties on the following basis : a . Capital costs : The design and construction of the Lab and purchasing of fixed equipment for the Lab may be determ ined in the sole discretion of the Sheriff. Along w ith the costs identified in Section 6 .b .ii below , the capital costs identified in this Section 6 .a . shall constitute a contribution in-kind from Jefferson County and Jefferson County shall not be obligated to make any additional monetary contribut ions under Section 6 .b. below . b. Additional funding for the Lab will be provided as follows : i. Following the completion of the construction of the Lab under Section 6 .a., each Municipal Party shall contribute an annual dollar amount to the Lab according to the budget prepared by the Board under Section 4 above and apportioned between the Parties according to the following formula . For purposes of this Section 6.b.a "Municipal Party " is identified as all parties to this Agreement except for Jefferson County . A. Monetary contributions of each Municipal Party hereunder shall be determined on a pro rata basis using a formula based on the relative law enforcement needs of each Party. The formula shall be calculated as of December 31 of each year using the previous five (5) years of Group A crime data from 4 the National Incident-Based Reporting System ("NIBRS") and number of budgeted law enforcement (i.e. non-detention and non-court service) officers as of January 1 for each of the applicable Parties. The total Group A crimes reported in the jurisdictions of all applicable Parties in the previous 5 years shall be divided into the respective number of Group A crimes occurring within the jurisdiction of any Party in the previous 5 years to produce that Party's NIBRS share as provided by the Federal Bureau of Investigation ("NIBRS share"). For purposes of this Agreement, Group A crimes shall be defined as set forth by the NIBRS. The total number of budgeted law enforcement officers between all applicable Parties will be divided into the number of budgeted law enforcement officers or "LEOs" for each applicable Party to produce that Party's "LEO Share". Each Party will have a "Respective Contribution" that is the arithmetic mean of the NIBRS Share and the LEO share for that Party. The required contributions of each Party shall be represented by the pro rata share that reflects the Respective Contribution of that Party divided by the total of the Respective Contributions from all the Parties. B. Contributions required under this Section 6. b . shall be paid by the Municipal Parties no later than March 1 of each year for the current fiscal year of Lab operations ii. After occupancy of the Lab, the County of Jefferson shall be responsible for 100% of the cost of the following: A. Capital costs related to repair and maintenance of the building where the Lab is located; and B. Operating costs for the building, including but not limited to electricity, heat, water, sewer, cleaning, ordinary repair and maintenance for the building itself, and other similar costs not defined herein as expressly assumed by Jefferson County, other than consumables, as set forth in Section 6.b.iiv.A. the costs for which shall be shared as determined by the Board; and C. Cost for all risk casualty insurance, or self-insurance, for the equipment in the Lab, including the equipment transferred to the Lab from contributing agencies . 5 iii. Revenues. In the event of receipt of any state or federal grants or other revenue for the Lab by any Party, credit for such revenue shall be credited to each of the Parties on the same basis as provided for the sharing of costs in Section 6.b.i.a., above. Such credit will be allocated over the period for which the grant or revenue was received. If any local cost or funds matching is required for the grant and the Parties approve such expenditures, such costs shall be allocated to the Parties on the same basis as provided for the sharing of costs in Section 6.b.i.a., above . All credits for revenue or allocations of cost shall be made only after recommendation of the Board as set forth in Section 4 above . iv. All payments due to the County of Jefferson from the Municipal Parties for sharing of Lab costs as set forth in this Agreement including but not limited to payments required under Section 6.b above or elsewhere in this Agreement shall be paid to: Jefferson County Accounting, 100 Jefferson County Parkway, Golden, Colorado 80401 v. Capital Equipment. In the event that the Board determines that the Lab requires specialized capital equipment, including but not limited to firearm ballistics and DNA analysis equipment, the Parties will cooperate to seek grant funds or funds from the Parties to purchase such capital equipment. For any particular acquisition of capital equipment, the Parties may deviate from the cost sharing formula set forth in Section 6.b.i.a., above with the written approval of the Board. vi. Contingency Expenses. By decision of the Board, the Parties may be required to pay additional money to fund the Lab to serve as a Contingency Account. Any required contributions from the Parties for the Contingency Account shall be submitted to the Parties in the annual budgetary submittal required by Section 4.b above. Any expenditure from the Contingency Account for expenses not included in the annual budget must be approved by the express decision of the majority of the Board. vii. Operating Costs. Except as otherwise provided herein, all ongoing operating costs for the operation of the lab shall be included in the annual budget required by Section 4 above and funding for such operating costs shall be drawn from the annual contributions of the Parties required hereunder. All operating costs shall be held in an appropriate account at the discretion of the County of Jefferson in accordance with 6 Section 6.c. below. For purposes of this section, Operating Costs shall include all accreditation costs and consumables as set forth below : A. Consumables properly included as Operating Costs shall include: costs for repair and maintenance of capital equipment, purchase of office and laboratory supplies supplies, costs for DNA testing, and any other consumable costs approved by a vote of the majority of the Board. B. Consumables not properly included as Operating Costs shall include: travel expenses for Party employees, and costs for hiring outside experts, which costs shall be borne by the employing or investigating Party, respectively. c. Account Administration: All financial matters, including but not limited to accounting and purchasing, relating to Lab Operations shall be managed by the Jefferson County Sheriffs Office Business Office. The Business Office will manage all payments and revenue related to Lab business and will manage all accounts related to the funding of the Lab in accordance with Jefferson County policies and procedures. 7. Property: All capital equipment and personal property used in the Lab shall be and remain the property of the County of Jefferson regardless of the source of financing. The final disposition of any such property determined to be surplus to the Lab shall be within the discretion of, and subject to, the procedures of the County of Jefferson. This section specifically excludes capital equipment donated to or purchased for the Lab by a Party under Section 6.b.v. above, which may revert to the donating or purchasing Party if approved by the Board. 8. Liability: Each Party shall be responsible for the acts and omissions of its own employees assigned to the Lab and its employees performing services for the Lab, and shall not be responsible for the acts or omissions of any other Party's employees. Nothing contained herein shall be deemed a waiver of any rights, defenses, or immunities provided by the Colorado Governmental Immunity Act, 24-10-101 et. seq., C.R.S. or otherwise provided by law. Nothing contained herein shall be construed to make any employee of any Party an employee of any other Party for liability purposes or for any other purposes. 9. Insurance. The Parties agree to provide at their own expense, keep in full force and effect during the term of this Agreement, and during the term of any extension or amendment of this Agreement, insurance in the amounts provided in Exhibit B which is attached hereto and incorporated herein by this 7 reference . Each Party agrees to name the other parties as an additional insured for purposes of insuring operations related to the Lab. 10. Worker's Compensation, Independent Contractors Parties shall, at their own expense, keep in full force and effect during the term of this Agreement statutory worker's compensation insurance or adequate self- insurance funds. Nothing in this Agreement shall be construed to affect the employment status of any employee or independent contractor of either Party in any way. Each Party is solely responsible for its own necessary workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Parties and their employees are not entitled to unemployment insurance benefits from the other Parties. 11. Term: This Agreement becomes effective on July 1, 2013 and shall remain in effect for an initial term of six (6) months, unless earlier terminated by mutual agreement of all Parties. Thereafter, the Agreement shall automatically renew for successive one (1) year terms from January 1 to December 31 of each successive year unless terminated in accordance with section 12, or parties withdraw under the terms of section 12 below. Notwithstanding anything else contained herein, forensic or other investigatory operations at the Lab shall not commence until the Jefferson County Sheriff approves occupancy of the Lab facility . During the Term of this Agreement before such date, the activities of the Lab and the Governing Board shall be limited to proactive planning activities including but not limited to rulemaking, personnel matters, financial matters, and any other matters requiring the agreement of the Parties or the Governing Board prior to the start of operations at the Lab. 12. Termination and Withdrawal: a . Any Party may withdraw from this Agreement with or without cause upon no less than six (6) months prior written notice to each of the members of the Board. Notwithstanding a Party's withdrawal, the withdrawing Party shall continue to be liable for its share of all costs incurred hereunder prior to receipt of notice of withdrawal until such liabilities are paid in full. Upon withdrawal by any Party hereunder, the remaining Parties shall reapportion the required contributions for continued operations of the Lab amongst the remaining Parties according to the formula contained in Section 6 .b.i.a., above . b. This Agreement shall not be construed to create a multiple year fiscal obligation for any of the Parties . The payment of Party obligations hereunder in fiscal years subsequent to the year of execution are contingent upon the annual appropriation of funds for this Agreement by a Parties legislative body. If funds for this Agreement are not appropriated in the year subsequent to any fiscal year of this Agreement a Party may withdraw from this Agreement. Such withdrawal shall not impose any penalty against 8 the withdrawing Party in the event of a failure to appropriate sufficient funds. Upon withdrawal by any Party hereunder, the remaining Parties shall reapportion the required contributions for continued operations of the Lab amongst the remaining Parties according to the formula contained in Section 6 .b.i.a., above . c. Upon the unanimous agreement of the Parties, this Agreement may be terminated in full at the end of any Lab operations fiscal year. In order to effectuate such termination, the Board must give each Party at least six (6) months' notice of the desire to terminate this Agreement. Upon termination under this subsection (c), all capital equipment shall remain the property of Jefferson County except as otherwise approved by the Board as set forth herein. All Lab funds shall be distributed amongst the Parties upon termination hereunder on a pro rata basis in accordance with shares determined by the contribution formula in Section 6 .b.i.a., above . d. In the event that any Party defaults on a payment or any other financial obligation hereunder, the County of Jefferson shall provide written notice to the defaulting Party, with a copy to all Board members, of the nature of the default and the defaulting Party shall have thirty (30) days from the receipt of such notice to cure such default. If such default is not cured within the 30 days, then the defaulting Party shall be prohibited from any further use of the Lab and may be deemed by the Board to have terminated its participation under this Agreement. Upon a determination by the Board hereunder that a Party has terminated its participation, the Board shall deliver written notice of such termination to the defaulting Party which termination shall be effective immediately upon receipt. By the unanimous decision of the Board, any defaulting Party may re-join the Lab as a Party at a later date provided any outstanding default has been cured. Upon termination of any party hereunder, remaining Parties shall reapportion the required contributions for continued operations of the Lab amongst the remaining Parties according to the formula contained in Section 6.b.i.a., above . e. In the event of termination of this Agreement for any reason, all evidence located at the Lab shall be returned to the Party which supplied said evidence. 13.Additional Parties: The Parties understand and agree that additional towns, municipalities or counties, including without limitation those served by the Jefferson County Sheriff, (each, an "Additional Entity") may wish to join this Agreement. The Board must provide unanimous approval of an Additional Entity as a precondition to any Additional Entity joining this Agreement as a Party. If the governing body of an Additional Entity approves its participation as a Party to the Agreement, prior to becoming a Party entitled to use the Lab, the Additional Entity must first pay a sum as determined by the Board. 9 Thereafter, all cost sharing will be recalculated prospectively to include any Additional Entity or Entities based the formula provided in Section 6.b.i.a., above . 14.Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supercedes all other prior and contemporaneous agreements, presentations and understandings of the Parties regarding the subject matter of the Agreement. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the Parties. 15. Colorado Law: This Agreement shall be governed solely by the laws of the State of Colorado . Venue for any litigation shall be in the District Court of the County of Jefferson, Colorado. 16. Severability: If any term , covenant, or condition of this Agreement is deemed by a court of competent jurisdiction to be invalid, void or unenforceable , the remaining provisions of this Agreement shall be binding upon the Parties . 17.Binding Agreement; Survival of Terms: a . Notwithstanding withdrawal of any Party's participation hereunder under Section 12 a. above, mutual termination under Section 12 . c. above, or termination for default under Section 9 .. d. above, the withdrawing or terminated Party shall continue to be liable to the County of Jefferson for its share of the costs of the Lab as provided in Section 6, and for any outstanding, unpaid liability for equipment purchased for the Lab under Section 6, or any other liabilities incurred prior to receipt of notice of withdrawal of that Party's participation or termination for default. These liabilities shall survive termination or expiration of the Agreement in whole or in part and shall remain a binding obligation of each Party until paid in full. In addition to the foregoing, the obligation of each Party under Sections 9 and 10 (Indemnification and Insurance) shall survive termination or expiration of this Agreement, or that Party's participation hereunder. All other costs owed by that Party under this Agreement shall be immediately due and payable within thirty (30) days of the last day of that Party 's participation in this Agreement. b. Except as set forth in Section 7 . no Party, other than the County of Jefferson, shall have any ownership in the Lab facility or its equipment. c. Without limiting the provisions of Section 15, the Parties understand and agree that this document constitutes a legally enforceable contract and that in the event any Party defaults on its financial obligations hereunder, any one or all of the Parties not in default may enforce the terms of this Agreement. 10 18. Authority: By executing this Agreement, each Party warrants that the representative signing below has been duly authorized by all appropriate actions of that Party's governing body to enter into and execute this Agreement, and that this Agreement represents a legal, valid and binding obligation of each Party, enforceable upon it in accordance with its terms and by application of equitable principles if equitable remedies are sought, except as enforceability may be limited by applicable bankruptcy or similar laws . 19. Execution by Counterparts. This Agreement may be executed in two or more counterparts , each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Electronic or facsimile delivery of a fully executed copy of the signature pages below shall constitute an effective and binding execution of this Agreement. [Signatures appear on the following pages.] 11 CITY OF WHEAT RIDGE STATE OF COLORADO Name: Title: ATTEST: Name: Title: City Clerk 13 CITY OF ARVADA STATE OF COLORADO Name: Title: ATIEST: Name: Title: City Clerk 14 CITY OF GOLDEN STATE OF COLORADO Name: Title: ATTEST: Name: Tide: City Clerk 15 Commissioner Tighe moved that the following Resolution be adopted: BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF JEFFERSON STATE OF COLORADO RESOLUTION NO. CC13-188 RE: Sheriff-Intergovernmental Agreement-Jefferson County Sheriff's Office, Lakewood Police Department, Arvada Police Department, Golden Police Department and Wheat Ridge Police Department to Regionalize Forensic Crime Laboratory Services Resolved that the Board of County Commissioners hereby approves an intergovernmental agreement between the Jefferson County Sheriff's Office, Lakewood Police Department, Arvada Police Department, Golden Police Department, and Wheat Ridge Police Department to regionalize forensic crime laboratory services for Jefferson County law enforcement agencies. Commissioner Griffin seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Casey Tighe Commissioner Faye Griffin Commissioner Donald Rosier, Chairman Aye Aye Excused The Resolution was adopted by majority vote of the Board of County Commissioners of the County of Jefferson, State of Colorado. Dated: May 14, 2013 Jefferson County Combined Crime Laboratory January 28 , 2013 Page2 • 2016: Staffing evaluation and recommendations to be completed the Board of Directors by June , 2015. Funding Formula and Member Agency Assessment A study was conducted by the committee to detennine the most reasonable way to conduct member agency assessments. The use of a crime lab would likely be proportional to the number of crimes in each agency jurisdiction. The criteria used to determine member agency assessments consist of: I) the number of sworn officers , and 2) the FBI-defined Part 1 Crimes reported by each member agency for a five-year period of time. It was decided to use a five-year average format in order for the budgeting for each agency to remain consistent, rather than generating a new assessment percentage each year. The assessment for our department has been detennined to be: • 2014: $31 ,812.42 {A prorated portion depending upon when the crime lab becomes operational) • 2015: $31 ,812.42 • 2016: $35 ,246 .00 Major Equipment Costs There are two major equipment costs involved in this project. The first is the equipment necessary to process DNA evidence. The cost of the DNA equipment is anticipated to be between $850 ,000 and $1 ,000 ,000. The second cost is the purchase of the Gas chromatography- mass spectrometry (GC-MS) equipment. It is anticipated this will be approximately $150 ,000 . The committee has set the following priority funding sources to pay for this equipment. The funding sources are: • Construction project budget • Federal seizure dollars from the West Metro Drug Task Force • Grants to include state and local Justice Assistance Grants • Member agencies The committee continues to work towards securing the major equipment costs . DNA Analysis and Firearms Examination Turnaround Times A study was conducted to evaluate the DNA analysis and firearms examination turnaround times by the Colorado Bureau oflnvestigation. Data was collected from the Jefferson County Sheriffs Department, Lakewood Police Department, Golden Police Department and the Wheat Ridge Police Department. Specifically regarding our department, the turnaround times for DNA analysis are: • 2008: Range of 52-724 days • 2009: Range of 48-335 days • 2010: Range of394-652 days • 2011: Range of 52-327 days Avg.: 309 days I 10 .3 months Avg.: 166 days I 5.5 months Avg.: 458 days I 15.3 months Avg.: 146 days I 4 .9 months Jefferson County Combined Crime Laboratory January 28 , 2013 Page 3 The overall averages for the four law enforcement agencies turnaround times for DNA analysis was 7.2 months, and for firearms examination , was 12 .5 months . Regarding the DNA analysis , the committee anticipates a turnaround time averaging four months or less based upon the opinion of the Jefferson County Sheriff's Department DNA analyst. Regarding fireanns examinations , the turnaround time will not improve until the position is funded and equipment is acquired . When this happens , the committee anticipates the responsiveness will greatly improve to acceptable levels. Board of Directors A proposal is before the committee regarding the establishment of a Board of Directors upon the acceptance of an Intergovernmental Agreement by the member agencies. The proposal includes choosing a board consisting of one voting member from each member agency. An interim board would be convened to begin with helping iron out the details involved in the construction of the lab , oversee management of the construction of the new lab , and would also work to complete the initial start-up plan, which includes picking management personnel , developing personnel needs (some of this has already been done), timeline for the construction and other details. These three steps would assist in moving the project along and would help to manage the project during its various stages and provide input from the member agencies . Recommendations There are reasons why it is important for the City to join this effort. There continues to be discussion at the Colorado Bureau of Investigation (CBI) and the State Legislature regarding the charging of fees to process evidence submitted to their forensic laboratory due to state budget funding concerns. Those fees have yet to be determined. CBI currently does complete forensic crime lab services for many law enforcement agencies throughout the state . Denver has a DNA laboratory, and communities in Larimer and Weld Counties are currently working towards a regional forensic crime laboratory. Citizens are demanding that criminals be held accountable for their crimes and they have high expectations when it comes to evidence processing. Through the combined laboratory project, the City will experience quicker turnaround time on the analysis of evidence thus providing the police department the opportunity to resolve active criminal investigations in a timelier manner. Reducing the amount of 'down' time waiting for forensic analysis will also be of benefit in the investigation of pattern crimes . The ability to file criminal charges in a timely manner strengthens the prosecution of criminal offenders in the criminal justice system , which aids in the closure of cases for victims of criminal activities. Staff is seeking policy direction from City Council regarding this effort. It is recommended that the police department continue its committee membership , with the intent of becoming a member agency of the Jefferson County Combined Crime Laboratory project. It is also recommended that an Intergovernmental Agreement be brought to City Council for review and approval. Council Action Form July 22 , 20 13 Page2 contract allowed two five-year extensions. The proposed second contract amendment will exercise the last extension of the lease . RECO MMEN DATI ONS : Staff recommends that the second extension of the New Cingular Wireless tower lease agreement be approved by City Council. R EC OMMENDED MO T IO N: "I move to approve the Second Amendment to the Site Lease Agreement with New Cingular Wireless PCS , LLC , for a five-year extension." Or, "I move to deny approval of the Second Amendment to the Site Lease Agreement with New Cingular Wireless PCS , LLC , for a five-year extension for the following reason(s) RE PORT PREPA RE D/REVIEWED BY : Tim Paranto , Director of Public Works Patrick Goff, City Manager ATTACHMENTS : I. Amendment to the Tower Lease Agreement 2. Memorandum of Lease " Cell Site No.: COU1219 Cell Site Name: 26TH & WADSWORTH Fixed Asset No.: 10093893 Market: CO I UTI WY I MT IS. JD Address: 7500 West 29th Avenue SECOND AMENDMENT TO SITE LEASE AGREEMENT THIS SECOND AMENDMENT TO SITE LEASE AGREEMENT ("Second Amendment"), dated as of the latter of the signature dates below (the "Effective Date"), is by and between the City of Wheat Ridge, a Colorado municipal corporation, having a mailing address of 7500 West 29th Avenue, Wheat Ridge, CO 80033 (hereinafter referred to as "Landlord"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive, Suite 13F, West Tower, Atlanta, GA 30327 (hereinafter referred to as "Tenant"). WHEREAS, Landlord (or its predecessor-in-interest) and Tenant (or its respective predecessor-in-interest) entered into a Site Lease Agreement dated March 15, 1994, as amended by that certain First Amendment to Site Lease Agreement dated November 20, 2009 (hereinafter, collectively, the "Lease"), whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 7500 West 29th Avenue, Wheat Ridge, CO; and WHEREAS, the term of the Lease wiJl expire on March 31, 2014, and the parties mutually desire to renew the Lease, memorialize such renewal period and modify the Lease in certain other respects, all on the terms and conditions contained herein; and WHEREAS, Landlord and Tenant desire to amend the Lease to extend the term of the Lease; and WHEREAS, Landlord and Tenant desire to amend the Lease to adjust the Rent (as defined below) in conjunction with the modifications to the Lease contained herein; and WHEREAS, Landlord and Tenant desire to amend the Lease to modify the notice paragraph thereof; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree that the recitals set forth above are incorporated herein as if set forth in their entirety and further agree as follows: 1. Extension of Term. The term of the Lease shall be extended to provide that the Lease has a new term of five (5) years ("New Term") commencing on April 1, 2014 ("New Term Commencement Date"). As of the New Term Commencement Date, the existing Term and any extensions thereof, as applicable, shall be void and of no further force or consequence. Category 2 Amendment Fonn Attachment 1 Cell Site No.: COUI219 Cell Site Name: 26TH & WADSWORTH Fixed Asset No.: 10093893 Market: CO I UTI WY I MT IS. ID Address: 7500 West 29th Avenue 2. Rent. Commencing on April 1, 2014, the current rent payable under the Lease shall be Twenty-Five Thousand and Noll 00 Dollars ($25,000.00) per year (the "Rent"). The Rent shall be payable annually in advance on April 1st of each year and shall continue during the New Term , subject to adjustment as provided herein. The Lease shall be amended to provide that Rent shall be adjusted as follows: in year two (2) of the New Term and each year thereafter, the annual Rent will increase by four percent (4%) over the Rent paid during the previous year. 3. Charges. All charges payable under the Lease such as utilities and taxes shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of the Lease. 4. Acknowledgement. Landlord and Tenant acknowledge that: 1) this Second Amendment is entered into of each of the parties' free will and volition; 2) Landlord and Tenant have read and understand this Second Amendment and the underlying Lease and, prior to execution of this Second Amendment , were free to consult with counsel of its choosing regarding its decision to enter into this Second Amendment and to have counsel review the terms and conditions of this Second Amendment; 3) Landlord and Tenant have been advised and informed that should it not enter into this Second Amendment , the underlying Lease between Landlord and Tenant, including any termination or non-renewal provision therein, would remain in full force and effect. 5. Notices. Section 13 ofthe Lease is hereby deleted in its entirety and replaced with the following: "NOTICES. All notices , requests, demands and communications hereunder will be given by flrst class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid , to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: If to Tenant: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site# COU1219 Cell Site Name 26TH & WADSWORTH (CO); Fixed Asset No.: 10093893 575 Morosgo Drive Suite 13F, West Tower Atlanta, GA 30327 With a required copy of the notice sent to the address above to AT&T Legal at: If sent via U.S. Postal Service or Overnight Courier: 2 Category 2 Amendment Form Cell Site No.: COUI219 Cell Site Name: 26TH & WADSWORTH Fixed Asset No.: 10093893 Market: CO I VT I WY I MT IS. lD Address: 7500 West 29th Avenue New Cingular Wireless PCS, LLC Attn: AT&T Legal Department Re: Cell Site# COU1219 Cell Site Name 26TH & WADSWORTH (CO); Fixed Asset No: 10093893 208 S. Akard Street Dallas, Texas , 75202-4206 A copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. And as to Landlord: City of Wheat Ridge Attn: Director of Public Works 7500 West 29th Avenue Wheat Ridge, CO 80033 with a copy to: City of Wheat Ridge Attn: City Attorney 7500 West 29th Avenue Wheat Ridge, CO 80033 Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein." 6. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease substantially in the form of the Attachment 1. Either party may record this memorandum at any time, in its absolute discretion. 7. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease and this Second Amendment, the terms of this Second Amendment shall control. Except as expressly set forth in this Second Amendment, the Lease otherwise is unmodified and remains in full force and effect. Each reference in the Lease to itself shall be deemed also to refer to this Second Amendment. 8. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Lease. [NO MORE TEXT ON THIS PAGE -SIGNATURES TO FOLLOW ON NEXT PAGE] 3 Caregory 2 Amendmenl form Cell Site No.: COUI219 Cell Site Name: 26TH & WADSWORTH Fixed Asset No.: 10093893 Market: CO I UTI WY I MT I S. lD Address: 7500 West 29th Avenue LANDLORD ACKNOWLEDGEMENT STATE OF __________ __ COUNTY OF ________ __ ) ) ) ss. I certify that I know or have satisfactory evidence that Jerry DiTullio is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the Mayor of the City of Wheat Ridge, a Colorado municipal corporation , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary Seal Category 2 Ame ndm ent Fo nn (Signature ofNotary) (Legibly Print or Stamp Name ofNotary) Notary Public in and for the State of My appointment expires: -------- 5 Cell Site No.: COU1219 Cell Site Name: 26TH & WADSWORTH Fixed Asset No.: 10093893 Market: CO I UT I WY I MT I S. ID Address: 7500 West 29th Avenue Category 2 Amen dmen t Form Attachment 1 Memorandum of Lease 7 Cell Site No.: COUI219 Cell Site Name: 26TH & WADSWORTH Fixed Asset No.: 10093893 Market: CO I UT I WY I MT I S. ID Address: 7500 West 29th Avenue Ca tegory 2 Amendment Form Exhibit A Copy of Lease 8 Prepared by. and after recording Return to: Md7, LLC 10590 W. Ocean Air Drive, Suite 300 San Diego, CA 92130 Grantor: Grantee: Legal Description : Tax Serial No .: Cell Site Name & #: State : City of Wheat Ridge New Cingular Wireless PCS, LLC, a Delaware limited liability company Official legal description attached as Exhibit I 3 9-264-15-00 I 26TH& WADSWORTH / COUI219 co Fixed Asset#: 10093893 County: Jefferson MEMORANDUM OF LEASE This Memorandum of Lease is entered into on this __ day of 201~ by and between the City of Wheat Ridge, a Colorado municipal corporation, having a mailing address at 7500 West 29th Avenue, Wheat Ridge , CO 80033 (hereinafter referred to as "Landlord") and New Cingular Wireless PCS, LLC , a Delaware limited liability company, having a mailing address of 575 Morosgo Drive, Suite l3F, West Tower, Atlanta, GA 30327 (hereinafter referred to as "Tenant"). I. Landlord and Tenant entered into a certain Site Lease Agreement dated March 15, 1994, as amended by that certain First Amendment to Site Lease Agreement dated November 20 , 2009, and as further amended by that certain Second Amendment to Site Lease Agreement dated __ , 20 1_ (hereinafter, collectively, the "Lease") for the purpose of installing, operating and maintaining a communications facility and other improvements at Landlord's real property located in the City of Wheat Ridge, County of Jefferson, commonly known as 7500 West 29th Avenue. All of the foregoing are set forth in the Lease. -I - Attachment 2 2 . The Lease initially commenced on July 15, 1994, and the parties agree to further extend the Lease for a new term of five (5) years ("New Term") commencing on April I , 2014. 3 . The portion of the land being leased to Tenant (the "Premises") is described in Exhibit 1 annexed hereto . 4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms , conditions or provisions of the Lease, all of which are hereby ratified and affirmed . In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Lease, the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit of the parties and their respective heirs , successors, and assigns, subject to the provisions of the Lease. [NO MORE TEXT ON THIS PAG E -SIGNATURES TO FOLLOW ON NEXT PAGE] -2- LANDLORD ACKNOWLEDGEMENT STATE OF COLORADO COUNTY OF -------- ) )ss. ) The foregoing instrument was acknowledged before me this __ day of 20 I_, by Jerry DiTullio, the Mayor of the City ofWbeat Ridge, a Colorado municipal corporation . Notary Seal (Signature of Notary) '------------------' My Commission Expires:----------- . 4. EXHIDIT 1 DESCRIPTION OF PREMISES Page 1 of I to the Memorandum of Lease dated _, 20 1_, by and between the City of Wheat Ridge , a Colorado municipal corporation , as Landlord, and New Cingular Wireless PCS , LLC, a Delaware limited liability company, as Tenant. Street Address : 7500 West 29th Avenue, Wheat Ridge . CO 80033 Tax Seria l No.: 39-264 -15-00 I That certain Premises (and access and utility easements) on a portion of the real property described as follows : Panlell Lot 1, Block 3, Barth's subdivision exccptioa the DOI1b half oftbe cut half of said lot IOd tbe ¥tat 6 feci ol said lot dae&om . ParcclD N/2 El2 oll.oa I, Block 3, Barth's subdivisions Coullty of Jefl'criOII State of Colorado -6- Council Action Fonn -Park Signs Jul y 22, 201 3 Pag e 2 FINANCIAL IMPACT: The funds for the signs are appropriated in Open Space Fund 32 , in the amount of $11 0 ,000. Due to the quantity of the 2013 order, the cost per sign was less than in previOus years. BACKGROUND: The current park sign designs have been in existence for more than 30 years and are in need of updating. The new park signs compliment the gateway sign installed at the 1-70 and Kipling interchange, providing a consistent look to identify the City. The design incorporates vandal- proof and maintenance-free materials . Locations included in this contract are Apel-Bacher, Boyd 's Crossing, Creekside, Founders , Fruitdale, Happiness Gardens, 44 111 and Kendall (2), Louise Turner, Stites, Town Center, Kipling Trail Head , Miller Trail Head , Youngfield Trail Head , Moore, Otis , Harlan and Holman entrances to the Greenbelt. The signs vary as to size and whether they are one or two sided , depending on the park location and the installation site in the park . Open space signs do not always include the screen design unless sited at a major trailhead. RECOMMENDATIONS: Staff recommends payment to Gordon Sign. RECOMMENDED MOTION: "I move to approve payment to Gordon Sign , Denver, Colorado in the amount of $1 02 ,945 for construction and installation of park signs ." Or, "I move to deny payment to Gordon Sign in the amount of $102 ,945 construction and installation of park signs for the following reason(s) " REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Director Parks and Recreation Patrick Goff, City Manager ATTACHMENTS: I. Gordon Sign Proposal 2 . Sign renderings examples PD Promotional Assessment July 22, 2013 Page 2 BACKGROUND: The City of Wheat Ridge has engaged the services of Fred Rainguet, PhD, and Rainguet and Associates for a number of years to ensure compliance with best practices in promotional processes that are in compliance with employment law , City personnel policies and procedures, as well as standards for law enforcement agency accreditation. By utilizing the services of Dr. Rainguet, the Police Department provides a fair and validated promotional process for candidates. RECOMMENDATION: Staff recommends approval of the resolution. RECOMMENDED MOTION: "I move to approve Resolution No. 28-2013 , a resolution amending the fiscal year 2013 general fund budget to approve a supplemental budget appropriation in the amount of$5 ,900 to remit to Rainguet and Associates, LLC for the design and administration of a promotional assessment process." Or, "I move to table indefinitely Resolution No. 28-2013 amending the fiscal year 2013 general fund budget to approve a supplemental budget appropriation in the amount of $5,900 to remit to Rainguet and Associates, LLC for the design and administration of a promotional assessment process for the following reason(s) " REPORT PREPARED BY: Jim Lorentz, Di vision Chief Dan Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 28-2013 2. Invoice from Rainguet and Associates CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 28 Series of 2013 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2013 GENERAL FUND BUDGET TO APPROVE A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5,900 TO REMIT TO RAINGUET AND ASSOCIATES, LLC FOR THE DESIGN AND ADMINISTRATION OF A PROMOTIONAL ASSESSMENT PROCESS WHEREAS, the City of Wheat Ridge Police Department has, as a result of the retirement of two police sergeants, retained the services of Rainguet and Associates, LLC to design and administer a promotional assessment process to promote two police officers to the vacant sergeant positions; and WHEREAS, the Police Department requests the approval of a supplemental budget appropriation in the amount of $5,900 for this process, which was not included in the 2013 General Fund Budget; and WHEREAS, the Wheat Ridge City Charter requires that amendments to the budget be effected by the City Council adopting a resolution; NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes an amendment to account number 01-201- 700-750 in the amount of $5,900. DONE AND RESOLVED this 22nd day of July, 2013. Jerry DiTullio, Mayor ATIEST: Janelle Shaver, City Clerk Attachment 1 Crime Analysis Software System Ju ly 22,201 3 Page 2 BACKGROUND: On June 17 , 2013 , the Police Department Management Team attended a software demonstration at the Lakewood Police Department. The Wheat Ridge Police Department had been invited to the demonstration by the City of Arvada Chief of Police Don Wick. Lakewood Police Department staff also attended. At a subsequent Police Department command staff meeting, the decision was made to join the partnership between the software company, Numerica, and the Arvada Police Department. It is expected that Lakewood Police Department will join the partnership as well. Exclusively at private expense, Numerica has developed and maintains the Lumen software system , a sophisticated internet cloud-based analytics computing platform for use by Colorado law enforcement agencies in the in v estigation and analysis of criminal activity. Lumen collects law enforcement data from different data sources , and then filters and analyzes the resulting information in ways that result in a more useful work product than could be achieved by anal yz ing the data in its separate states. Lumen provides an opportunity to gain insight into the relationships between contrasting data groups , which may not have been previously apparent. This process relies on the use of advanced computing technology developed by Numerica. The Lumen software s ystem has been in dev elopment over the past two years , and remains in the development phase. It is the intent ofNumerica to de velop a v iabl e law enforcement software solution to crime analysis which can be sold to a variety of law enforcement agencies . At this point in time, there is no City expense related to the software, equipment , and/or maintenance. Th~ City Information Technology staff will only need to provide a read-only usemame and password to Numerica , in order for them to access the Department's Records Management System and Computer Aided Dispatch databases. A sub-committee of the Police Department Technology Committee will be formed to contribute to this pilot project. RECOMMENDATIONS: It is recommended that the City Council approve the collaborative Lumen trial agreement between the City and the Numerica Corporation. RECOMMENDED MOTION: "I move to approve Resolution No . 26-2013 , a resolution approving the collaborative Lumen trial agreement between the City and the Numerica Corporation .: Or, "I move to postpone indefinitely Resolution No . 26-2013 , a resolution approving the collaborative Lumen trial agreement between the City and the Numerica Corporation for the following reason(s) " Crime Analysis Software System Jul y 22, 201 3 P age 3 REPORT PREPARED/REVIEWED BY: Joseph Cassa, Division Chief Daniel Brennan , Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No . 26-2013 2. Staff Report of July 22 , 2013 3. Collaborative Lumen Trial Agreement TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 26 Series of 2013 A RESOLUTION APPROVING A COLLABORATIVE LUMEN TRIAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE, COLORADO AND THE NUMERICA CORPORATION FPR THE DEVELOPMENT OF A CRIME ANALYSIS SOFTWARE SYSTEM WHEREAS, the City of Wheat Ridge, Colorado (the "City), acting through its City Council ("Council"), is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for protection of the public health, safety and welfare; and WHEREAS, the Wheat Ridge Police Department desires to play an active role in the development of a sophisticated crime analysis software system, known as Lumen, being developed by the Numerica Corporation; and WHEREAS , the Lumen software system is a sophisticated analytics computing platform being developed for use by Colorado law enforcement agencies in the investigation and analysis of criminal activity; and WHEREAS, the Numerica Corporation has proposed a collaborative trial agreement concerning Lumen with three area law enforcement agencies, including Wheat Ridge, Arvada and Lakewood; and WHEREAS, the Council finds that it is desirable to enter into the proposed agreement to permit the Wheat Ridge Police Department to participate in the development of a new tool in the investigation and analysis of criminal activity. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The attached Collaborative Lumen Trial Agreement between the City and the Numerica Corporation is hereby approved. The Mayor and City Clerk are authorized to execute the same. Section 2. This Resolution shall be effective immediately. DONE AND RESOLVED this 22"d day of July, 2013. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 Crime Analysis Software Pilot Project with Numerica Corporation July 22 , 2013 Page 2 FINANCIAL IMPACT: At this point in time, there is no City expense regarding the software, equipment, and/or maintenance of both. The City Infonnation Teclmology staff will only need to provide a read only usemame and password to Numerica in order for them to access the department's Records Management System and Computer Aided Dispatch databases . RECOMMENDATION: lt is recommended that the City Council approve the trial agreement. This agreement provides an opportunity for the Police Department to be proactive in the development of sophisticated crime analysis software, and utilize this software to more effectively respond to the public safety needs in the community. In addition , the Department will be able to detennine if this product meets the crime analysis and investigative needs of the organization. C.-<.. f.? r ("l 1.' A I I( • .' N nurnerica NUMERICA CORPORATION COLLABORATIVE LUMEN TRIAL AGREEMENT This Numerica Corporation Collaborative Lumen Trial Agreement (the "Agreement .. ) is entered into this 22nd day of July, 2013 (the "Effective Date''), between umerica Corporation ("Numerica"), a Colorado corporation , and the City of Wheat Ridge, Colorado (the "City'') (each a "Party," and collectively, the "Parties"). I . BACKGROUND. Exc lu sively at private expense, Numerica has developed and maintains the Lumen software system ("Lumen"), a sophisticated internet cloud-based analytics computing platform for use by Colorado law enforcement agencies in the investigation and analysis of criminal activity. Lumen collects Law Enforcement Data (as defined in this Agreement) from disparate data streams, and then filters and analyzes the resulting information in ways that result in a more useful work product than could be achieved by analyzi ng the data in its separate states. Using Lumen , Numerica mines , filters , combines, integrates , or otherwise manipulates Law Enforcement Data in an effort to gain insights into the relationships between these disparate data groups whi ch may not have been previously apparent. This process relies on the use of advanced computing technology utilizing (among other things) innovative algorithms , compressed sensing, and predictive modeling systems. 2. PURPOSE. Numerica wishes to access the City 's Law Enforcement Data in order to provide the City access to Lumen on a no-cost , trial basis. Numerica will use such data to -exclusively at private expense -continue testing and refinement of Lumen and to evaluate the marketability of the platfonn. In anticipation of a potential subscription to Lumen in the future, d1e City wishes to collaborate with Numerica by granting Numerica access to the City 's Law Enforcement Data and to utilize Lumen on a tria l basis so that the City may provide feedback regarding platform functionality . In accordance with this Purpose, this Agreement governs the Parties ' rights and obligation s concerning Numerica·s provision of -and the City 's access to and use of -Law Enforcement Data through Lumen. 3 . DEFINITIONS. For purposes of this Agreement, the following tem1s are defined as follows: (a) "CJ IS Security Policy'' means the Federal Bureau of Investigation Crimina l Justice In fonnation Services Security Policy, v.5.0 (CJISD-ITS-DO C-08 140-5.0) dated February 9 , 2011. (b) "Criminal Justice Infom1ation " shall be defined as set forth in the CJIS Security Policy. (c) "Criminal Justice Records" shall be defined as set forth in C.R.S . § 24-72-302(4), as may be amended from time to time. All Law Enforcement Data transmitted between the Parties pursuant to this Agreement constitutes Criminal Justice Records. (d) ''Law Enforcement Data " means data that is maintained by law enforcement agencies and other local government agencies in their records management systems, and that is used by such agencies in (among other activities) the investigation and prosecution of crim in al activity. Law Enforcement Data includes, but is not necessarily limit ed to , Criminal Justice Information ; Criminal Justice Records ; calls for service information ; incident data (including original narrative reports; arrest data ; and Personally Id entifiable Infom1ation. (e) "Lumen " means the collective hardware, software, and applica ti ons maintained or installed by Numerica and used by the City to access, review , and search Law Enforcement Data provided under this Agreement. (f) "Outside Law Enforcement Data'' means Law Enforcement Data that is shared with Numerica by third-party law enforcement agencies for the purpose of uploading, processing, and eventual use on Lumen by the parties Numerica authorizes to have access to such data. (g) "Personally Identifiable Information " shall be defined as set forth in the CJIS Security Policy. 4 . TERM. TI1is Agreement shall take effect on the Effective Date and shall terminate on December 31 , 2013 or upon the termination of this Agreement pursuant to Paragraph 17 . Notwithstanding the foregoing, the expiration of the Term will not supersede the rights and obligations of the Parries under Paragraphs 9-15 ; 19-21 . 5 . THE CITY'S PROVISION OF DATA. At mutually agreed upon times and in mutually agreed upon formats , the City agrees to provide Numerica , on a continuing basis, with electronic access to Law Enforcement Data in the City 's custody or control (including access to the City's databases, networks, or other repositories) for the Tem1 of this Agreement , for the purpose of uploading and processing the City 's Law Enforcement Data on Lumen . The City agrees Page 1 of 6 Attachment 3 ( nurnerica that Numerica employees, as authorized by the City, may work from a location within the City's facilities and may connect to the City's computer network as required to access the City's Law Enforcement Data. All Law Enforcement Data, regardless of where it is located or accessed by umerica, must be stored securely (in keeping with the highly sensitive nature of the data) pursuant to Paragraph 9. 6 . NUME RI CA'S SE R V I CES . umerica shall provide the City with access to Law Enforcement Data and use of Lumen for the Term ofthi Agreement. (a) Numerica hall detennine the nature and extent of the City's access to Lumen (including, but not limited to , which City employees shall have access to Lumen) and the particular features thereof that umerica will make available to the City. Lumen data and feature may include, and are not necessarily limited to: Law Enforcement Data, refined by the analytic system of Lumen ; CAD data; Offender Databases; and open source intelligence feeds (publically-available feed from a variety of open source , pos ibly including weather, economic, demographic, and social media). (b) Execution of this Agreement does not in any way ensure or create any right to or expectation of future work or collaboration between the Parties. 7 . N O-C O ST AG R EEMENT. Monetary compensation for or by either Party is neither contemplated nor demanded . Accordingly, no monetary compensation shall be paid by either Party to the other for any services or Law Enforcement Data provided under this Agreement. However, the Parties agree that it has entered into this Agreement for other valuable consideration, the receipt and s ufficiency of which is hereby acknowledged . 8 . I NSTA L LAT ION. At a time mutually agreeable to the Parties, umerica per onnel shall install and configure all Lumen software necessary to provide the City with access to and use of Lumen purs uant to this Agreement. 9 . PRO TECT ION OF DATA. The Parties expressly recognize that certain La w Enforcement Data provided by the Parties pur uant to thi s Agreement is confidential and sensitive. The Parties also agree that security of the Law Enforcement Data is a paramount concern of the Parties and is necessary in order to comply with applicable law and to protect the public's welfare and safety. Accordingly, the Parties shall maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the City 's Law Enforcement Data linked to Lumen , as specified below. (a) umerica agrees to adhere to the CJ IS Security Policy -as it may apply to umerica as a non-law enforcement entity -in connection with umerica 's access to , storage, use, and sharing of Law Enforcement Data under this Agreement. Numerica agrees to treat all Law Enforcement Data as Criminal Justice Information under the CJIS Security Policy for purpose of this Agreement, although not all Law Enforcement Data will necessarily qualify as Criminal Justice lnfonnation . (b) The Parties mutually agree that they will treat all Criminal Justice Records in strict confonnance with the provisions of the Colorado Criminal Ju stice Records Act portion of the Colorado Open Records Act ("CORA"), except that umerica is in no way deemed to be a custodian of criminal justice information or records for purposes of releasing under CORA an y criminal justice record to which Numerica has access under this Agreement. (c) otwithstanding any other provision in this Agreement, if there occurs any change of law involving the tran mission , transcription, and/or u e of Criminal Justice Information , Criminal Justice Records, or Personally Identifying lnfonnation, that results in a material effect on the legitimate expectations of either Party at the time such Party entered into this Agreement , both Parties agree to cooperate in making reasonable revisions to this Agreement to the minimum degree necessary in order to enable this Agreement , as revised, to fulfill to the maximum extent the legitimate expectations of both Parties. (d) umerica shall en ure that third-parties to whom umerica provide acce s to the City's Law Enforcement Data are bound by the restrictions of this Paragraph by including provisions to that effect in those third- parties · agreement with umerica for access to and use of the City's La w Enforcement Data through Lumen. (e) Unless provided otherwise under any follow-on agreement or extension of or modification to thi Agreement, which requires acce s to the City's Law Enforcement Data , promptly after the expiration of the Term of this Page 2 of6 Amending Dog and Cat Licensing Code Ju ly 22, 2013 Page2 BACKGROUND: In August of2012, the City entered into an IGA with Arvada , Lakewood , Golden , Edgewater, Westminster and Jefferson County (the "County"), concerning the funding and operation of the Foothills Animal Shelter (the "Shelter"). Under the terms of the Agreement, each party agreed to delegate its authority to issue dog licenses and to collect license fees to be used to fund the Shelter, to a common licensing authority. That common licensing authority is currently Jefferson County, although it could become another entity in the future . In the interest of providing the licensing authority with one licensing procedure to implement, the IGA further requires that each party adopt dog licensing requirements that are consistent with the County 's requirements. The County recently undertook a review and amendment of its Animal Control Regulation Policy, known as Regulatory Policy 3 .5.1 (Part 3 Regulations , Chapter 5 Animals , Section 1 Animal Control). As a part of that process , the County reviewed the dog licensing ordinances of the parties to the IGA and made recommendations. This Ordinance reflects the recommendations of the County, as reviewed by both City staff and the A WCC , to make the following changes to the City Code : 1) Amend all references from "Jefferson County" to the "Licensing Administrator," defined as the person or entity delegated the authority to iss ue do g licen s es and collect fee s; 2) Delete the reference to the cat vaccination requirement being triggered by the appearance of the eat's first permanent teeth , as this method of verification should only be conducted by a licensed veterinarian ; 3) Amend the age at which dog vaccination and licensing is required from six months to four months , making this requirement consistent with the current recommendations of federal , state and county agencies ; and 4) Delete references to "a current U .S .D .A. licensed rabies vaccine", as it is unnecessary; licensed veterinarians will only use licensed vaccines. RECOMMENDATIONS: Staff recommends approving the ordinance as presented , on first reading. RECOMMENDED MOTION: "I move to approve Council Bill No . 11-2013 , an ordinance amending Sections 4-1 ,4-8 and 4-31 ofthe Wheat Ridge Municipal Code Concerning the Licensing of Dogs and Cats , on first reading, order it published , public hearing set for Monday, August 12 , 2013 at 7:00p.m. in City Council Chambers, and that it take effect 15 days after final publication. Or, Amending Dog and Cat Licensing Code Ju ly 22, 2013 Page 3 "I move to postpone indefinitely Council Bill No. 11-2013 , an ordinance amending Sections 4-1 , 4-8 and 4-31 of the Wheat Ridge Municipal Code Concerning the Licensing of Dogs and Cats , for the following reason(s) " REPORT PREPARED BY; Carmen Beery, City Attorney's Office Mary McKenna, Police Community Services Team Supervisor Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Ordinance Amending the Licensing of Dogs and Cats 2. Staff Report from July 15 , 2013 3. 2012 IGA Concerning the Licensing of Dogs and Cats CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER------ Council Bill No. 11 Ordinance No. ---- Series of 2013 TITLE: AN ORDINANCE AMENDING SECTIONS 4-1, 4-8 AND 4-31 OF THE WHEAT RIDGE MUNICIPAL CODE CONCERNING THE LICENSING OF DOGS AND CATS WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401 (1 )(m), the City, acting through its City Council (the "Council"), is authorized to regulate the keeping of animals within the City; and WHEREAS, pursuant to this authority, the Council has adopted regulations concerning the mandatory licensing of dogs within the City, codified in Chapter 4 of the Wheat Ridge Code of Laws ("Code"); and WHEREAS, by an Intergovernmental Agreement dated August 15, 2012, the City agreed to cooperate with the cities of Arvada, Lakewood, Golden, Edgewater, and Westminster and with Jefferson County (the "County") to fund and operate a centralized animal shelter, known as the Foothills Animal Shelter (the "Shelter"), for the use and benefit of all parties to the agreement (the "Intergovernmental Agreement"); and WHEREAS, under the terms of the Intergovernmental Agreement, each party delegated its authority to issue dog licenses and to collect license fees, to be used to fund the Shelter, to a common licensing authority, currently the County; and WHEREAS, the Intergovernmental Agreement further requires each party to adopt dog licensing requirements that are consistent with the County ordinance concerning the licensing of dogs; and WHEREAS, the County is in the process of updating and amending its Animal Control Regulation Policy, known as Regulatory Policy 3.5.1 (Part 3 Regulations, Chapter 5 Animals, Section 1 Animal Control); and WHEREAS, the Council finds and determines that certain amendments to the Code are necessary to render the City's dog licensing program consistent with the new County regulations concerning the same, as required by the Intergovernmental Agreement. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Attachment 1 Section 1. Section 4-1 of the Wheat Ridge Code of Laws, establishing defined terms for purposes of Chapter 4 of the Code, is hereby amended by the addition of the following new defined term, to be inserted alphabetically into the list of terms, as follows : Licensing Administrator means the person or entity delegated the authority by the City from time to time to issue dog licenses and collect fees for such licenses. Section 2. Paragraph 4-8(c)(4) of the Wheat Ridge Code of Laws, concerning off-leash dog park rules and regulations, is hereby amended as follows: (4) All dogs belonging to city residents must display a current Jefferson County dog license ISSUED BY THE LICENSING ADMINISTRATOR as required by section 4- 31 (c). Section 3. Paragraph 4-8(c)(10) of the Wheat Ridge Code of Laws, concerning off-leash dog park rules and regulations, is hereby amended as follows: (1 0) The following dogs are not permitted within off-leash dog parks: a . Aggressive dogs, as defined by section 4-1 . b . Female dogs in heat. c. Dogs without a current rabies tag affixed to the collar or without a current Jefferson County dog license ISSUED BY THE LICENSING ADMINISTRATOR, as applicable. d. Dogs under the age of four ( 4) months. e. Dogs exhibiting visible signs of illness or known by the owner or handler to be ill. f. Dogs that do not respond to and obey their owners' or handlers' sight or voice commands . Section 4. Section 4-31 of the Wheat Ridge Code of Laws, concerning dog and cat licenses, is hereby amended as follows: Sec. 4-31. Dog and cat licenses. (a) Territorial application. The provisions of this section shall apply to all dogs and cats, and all owners of all dogs and cats present within the jurisdictional boundaries of the city regardless of whether the owner or keeper of the dog or cat resides within the city. (b) Violations and penalty. Any dog or cat owner who violates any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than one thousand dollars ($1 ,000.00). 2 (c) Required; described. A license is required for all dogs 9f AND cats in this city as follows: A valid cat license shall be a current Mile-Hi rabies tag and registration certificate. A valid dog license shall be a dog license issued by the LICENSING ADMINISTRATOR Jefferson County animal control division or such other agent as may be designated by Jefferson County from time to time. A cat or dog owner may request an exemption to this requirement if, for medical reasons, his/her cat or dog cannot be vaccinated . In this event, a cat or dog owner must submit an affidavit from a licensed veterinarian stating the reasons why the cat or dog is unable to be vaccinated. (d) Wearing of tag; availability of certificate. A current and valid Mile-Hi rabies tag shall be worn on a collar or harness by the dog at all times, unless a current and valid tag from the LICENSING ADMINISTRATOR Jefferson County animal control division, which requires proof of current rabies vaccination for its issuance, is worn on a collar or harness by the dog at all times. A current and valid registration certificate , as above- described, shall be kept in the possession of the owner of any dog or cat within the city, and such registration certificate or a copy of it shall be produced or producible by the owner as proof of current registration in the event of loss or the correspondingly numbered tag. (e) When to obtain license -Initially. A cat owner shall obtain a license as above-described for his cat within ten ( 1 0) days after the cat reaches four ( 4) months of age, or within ten (1 0) days after the eat's first permanent teeth appear, whichever comes first. A dog owner shall obtain a license as above-described for his dog on or before the date the dog reaches the age of FOUR ( 4) six (6) months, or within thirty days of acquisition of said dog, whichever occurs last. (f) Same-Renewal. The owner of any dog or cat shall have his dog or cat relicensed, as such licensing is required in subsection (c), above , annually. Such license shall be considered current for a twelve-month period from the date of issue. (g) Obtainment from licensed veterinarian. Mile-Hi rabies tags and registration certificates are only to be issued by and obtained from veterinarians currently licensed to practice veterinary medicine in the state after vaccination of the cat with a U.S.D.A. licensed rabies vaccine. (h) New residents. New residents of the city may be issued a current Mile-Hi rabies tag and registration certificate for their cat OR DOG by a veterinarian licensed to practice in the state , upon proof of having had the cat OR DOG vaccinated for rabies by a licensed veterinarian with a current U.S.D.A. licensed rabies 'Jaccine. (i) Nontransferability. No person shall affix to the collar or harness of any dog or cat, or permit to remain affixed , a tag evidencing licensing and vaccination except for the specific dog or cat for which the tag was assigned at the time the tag was issued. Section 5. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public 3 and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained . Section 6. Severability; Conflicting Ordinances Repealed. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 7. Effective Date. This Ordinance shall take effect 15 days after final publication . INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ___ on this _ day of , 2013 , ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2013 , at 7:00 o'clock p.m., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridge , Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2013 . SIGNED by the Mayor on this ____ day of _________ , 2013 . Jerry DiTullio , Mayor ATTEST: Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl , City Attorney First Publication : Second Publication: Wheat Ridge Transcript Effective Date : 4 CITY OF WHEAT RIDGE, COLORADO RESOLUTI.ON NO .!! Series of 2012 TITLE: A RESOlUTION' APPROVING AN INTERGOVERNMENTAL AGREEMENT BElWEEN JEFFERSON COUNTY, THE C'ITY OF ARVADA, THE CITY OF LAKEWOOD, THE CITY OF WHEAT RIDGE, THE CITY OF GOLDEN, THE CITY OF WESTMINSTER AND THE CITY O.F EDGEWATER ANI AL: SHELTER/DOG LICENSING IFUNDING WHEREAS, by Resolution 1567-1996, the City of Wheat Ridge (Wheat Ridge) entered into an Intergovernmental Agreement (IGA) that added Wheat Ridge as a party to the establishment and operation of the Table Mountain Animal Center (TMAC); and WHER,EAS, by Resolution 17-2007 , Wheat Ridge entered into an IGA for the implementation of a Countywide Dog licensing Program; and WHEREAS , TMAC has since moved to a new location is operating under the name of Foothills Animal Shelter (the Shelter); and WHEREAS, Wheat Ridge is currently assessed an annual fee to help cover the cost of the operations of the Shelter; and WHEREAS , revenues from the Dog Licensing Program are used to pay the debt service of the Shelter's new facility; and WHEREAS, the revenue from the Dog Licensing Program exceeds the annual debt service requirements : and WHEREAS , the Parties to the IGA wish to better match the revenue streams to expenses by allocating the assessments to the annual debt service and allocating the Dog Ucensing revenue to operations of the Shelter, and also take advantage of the increased revenue potential of the Dog Licensing Program to cover future operating costs of the Shelter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Whe t Ridge·, Colorado, as follows: A. The Intergovernmental Agreemen1 Between Jefferson County , the City of Arvada , the City of Lakewood, the City of Wheat Ridge , the City of Golden , the City of Westminster and the City of Edgewater Animal Shelter/Dog Licensing/Funding attached to this Resolution as Exhibit A and incorporated herein by reference , is hereby approved . The Mayor and City Clerk are authorized and directed to execute the same . B. This Resolution shall be effective upon adoption . Attachment 3 ATTEST: THI AG EME T, dated forr ference purposes only this I 5th day of August 2012. is made and entered into by and between lhe CO 'T OF JEFFE 0 , TATE OF COLORADO, a body politic and corporate (the·· ounty"); the CJ Y RV ADA, a municipal corporati n ("Arvada"); the ITY OF L KEWOOD, a municipaJ corporation ("Lakewood''): the CITY OF WHEAT RIDGE a municipal corporation (''Wheat Ridge "); and the CITY OF GOLD , a municipal corporation (''Golden '): and the JTY OF WE TMIN TER, a municipal corporation ("Westminster''). WHEREA , C.R. . ecrion 30·1 5·1 0 I ( 1 ) authorizes the board of county commissioners of each county to establish an animal holding facility and engage personnel to operate it, provide for the impoundment of animals. and to establi h tenns and conditions for the release or other disposition of impounded animals; and WHERE A , .R. . S ction 30-1 S-1 0 t (2) authorizes counties and municipalities to enter into an intergo emmental agreement to provide forth control. licensing, impounding, or disposition of pet animals or to provide for the accomplishment of any other aspect of a. county or municipal. dog control or pel animal control lie nsing resolution or ordinance: and WHE .R. . ecrion 31-15-40l(m)(l) authorizes municipalitie to regulate and control animals ithin the municipality including. but not limited to. licensing, impoundment. and disposition of impounded animals; and WHEREA , Part 2 of Article I ofTitle 29, C.RA . permits and encourages governments to make the mo t efficient and effecti e use of their powers andre ponsibilities by cooperating and contracting with other governments ; and WHEREA ~Part 2 of Article I of Title 29. C.R .. authorizes governments to contract with one another to pro ide any function. ervice. or facility lawfully authorized to each of the contra.cting units through the establi hment of a eparate legal entity; and WHEREA , pursuant to C.R. . ection 30-11·1 07(1) the parties are authorized to enter into agreements for the joint use and occupation of public buildings; and WHEREAS, some of the parties entered into an lntergovemmenta 'l Agreement forming the separate legal entity called the Jefferson Animal helter on March 15, 1975 and this Intergovernmental Agreement~ as amended se eraJ time to modify th terms and add parties to the agreement: and WHERE , the Towns of Morri ·on and Mountain Vie" are no longer participa ting in the operation or funding of the Jefferson Animal hehe r: and WH REA • the part ies entered into an Intergovernmental Agreement creat ing a ounty- Wide Dog Licen ing Program ('·Dog Licensing Program··) which pro ided that the revenue from the Dog Licensing Program would be u ed to construct a ne' animal shelter facilit) due to the deterioration of the prior facility: and W H E A , the ount* funded the construction of a new animal heher facility ( .. Facility .. ) by t )i suing Certificates of Participation ( .. COPs .. ) which included the amount of 5.2 million dollars for construction of the Animal helter Facility; 2) contributing 3 million dollars: and 3) con tributing an additional 1.5 million do ll ars pursuant to the term of an Intergovernmental Agreement between ome of the parties (the ·'facilit unding IGA'.) which provided that the participating cities would repay the oun ty(unless the County is repaid by the Foo thills Animal Foundation)at the end of a fi e year period ending on Januar> I. 2015: and W H ERE , the panics desire to amend the prior agreement for fonnation of the helter and the Dog Licensing Program to pro ide for the parties to no longer pay annual assessments for the operation of the Shelter, to in tead use there enuc from the Dog Licen ing Program for the op ration of the Shelter and to provide for repayment of the COPs and the 1.5 million dollar contribution; and WH ER EA . the parties agree that each party and its residen ts should contribute tO\ ard the funding for the cost of capital construction of the Faci lity and the operation of a central animal shelter in equal proportion to the estimated number of dogs in their jurisdiction: and WHER.EA , it continue to be in the best in tere t of all of the abo e-referenced panies to participate in the. organization. administration. and common use of a central animal sheller and to amend the prior agreements for continued operation of the central animal shelter and the Dog Licensing Program and the Facilit Funding IGA as et fonh herein ; and WH E RE A , the City of Edge\! ater ("Edge ,•va ter .. ) may desire to be ome a party to thi Agreement after adoption of a dog licensing ordinance in compliance with the tenns of this Agreement. OW, T H EREFOR , in consideration of the mutual co enants and agreement ofthe parties hereinafter contained. the receipt and suffici nc of' hich are hereby confessed, it is understood and agreed as follows: HE lTE R. FORMATION AND OPERATIO N I. G E NE RAL PROVI IONS A. TAB I H 1E T OF FOOTI-I JLL A IMAL H LT R. The parties pre iously established a eparate legal entity called the Jefferson Animal helter and then 2 renamed the entity the Table Mountain Animal enter. The parties hereby reaffim1the e tablishment of the parate legal entity v hich shall be known as the ''Foothill Animal hclter·· (the·· helter'') and which shall b responsible for the administration and operation of the helter and the Facility . B. LEA 0 · HEL ER . he he Iter entered into a lea e \ ith the ounty for the nev Facility located at 580 McJntyre tr et , · olden 0 80401 pursuant to a Lease Agreement effective on August 9. 20 I 0 (the "Lea e Agreement"'). The he her , for the purpo e of. organi z ing , administering. and operating the central animal facility on the land so leased. will improve. maintain , and operate Lh Facility as provided herein and a provided in the Lease Agreement A. GE ERAL P WER . The partie hereto agree the heher hall be empowered with the authority to impro e. construct. maintain . repair. ontrol . regulate. and operate the Facility withrn Jefferson ounty, Colorado, as a complete animal shelter for the u e and benefit of the parties to this Agreement and their constjtuents . B. POWER T HELTER A IMAL A 0 PR VIDE DUCATIO AL PROGRAM . The principal purpose of the he Iter are (I) to retain in temporary custody and to provide for the subsequent adoption or di po ition of animal taken into pos ession by lh respective governing bodie or animals t ndered to the heher by residents of there pecti e governing bodies. and (2) to provide educational. volunte rand related programs to individuals and the community to promot re ponsible pet ownership. As u ed herein , th term ·animal ·· shall include, but is not necessarily limited to . dogs, cats, cattle. horses, and all other domestic or wild animals of any kind or description . The helter hall ha e the power to contract with other governing bodie wh o are not partie to this Agr emem to provide the ame temporary custody. adoption or di position services pro ided for the parties. D. POWER TOE TABLI H LJNIC FOR A JMAL WE FARE PURPO E . In addition to pro iding temporary custod)' for said animal s, rhe heher shall have the authority to establ i h a clinic for th purpo e of spaying and neutering animals. or any other animal welfare related purposes a deemed appropriate by the go eming Board of Directors (the ·'Shelter Board''). POWER T MAKE CO TRACT . HlRE . A 0 FIRE. The parties hereto further agree the helter hall ha e the authority to contract and purchase all necessary supplie • equipmen~ mat rial . and rvice . including professional services. and further to hire and discharg employees a deemed neces ary to operate the helter. POWER T T FEE . The fee to be charged for services shall be established by the he Iter Board. shall be uniform and rea onable. and shall supersede any fees previously 3 established b) there pccli ego emmental bodies . Fees for service prO\ ided to go eming bodies ' ho are not partie. to this Agreement and their rc idents hall be et by the helter Board and shall be et to include the costs for operation and maintenance of the he Iter and capital cots ofthe Facilit). G. POW R TO LEA E PROP RTY. The parties hereto agree the helter i empowered to negotiate and enter into a lease of the Facilit \ hich i uitable for an animal facilit) and additional propert) if neces ary. Ill. BOA RD OF DI RECTO RS A. POWER . All powers. privilege :md duties vested in the heher shall be exerci ed and perfomled b. and through the helter Board. Only partie t.o thi Agreement shall be entitled to appoint a Director to serve on the hclter Board. B. APPOI TME T . Each party hall de ignate and appoint one Director to serve on the helter board . Each Director shall be in regular attendance and participate in helter meetings and acti ities. Each Director shall s rve in accordance with lhe tenn and conditions set forth by the part) that appointed the Director . Each party may also appoint an alternate board member. The current Directors for the existing animal shelter appointed by the parties shall continue to er e as Directors on t.he Foothill Animal helter Board afler execution of this Agreement unless any Director is remo cd by the party who appointed the Director. C. ELE TJO OF OFFIC R . At the annual meeting of the heher Board. the helter Board shall elect from its membership a Pre ident. a Vice Pre ident (and President pro tern). a ecretar)' and a Treasurer. who" ill assume their office at the annual meeting. These officers shall erve until their ucces ors have been elected. The officers shall be elected by an affinnari e vote of at least a majority of the he her Board. D. BYLAW AND POLICIE A D PRO EDURE . The helter Board hall ha e the PO\ er to promulgate b Ia\ sand policies and procedures which shall establish the organizational rules and policies and procedures for the management and operation of the he her. IV. CAPITAL IMPROVEMENT F D The he Iter hall establish a capital imprO\ ement fund equal to a minimum of Five Hundred Thou and Dollars ($500.000) ("'Minimum Threshold-) using the urplu re enues generated by either the operation of the heher or the Dog Licen ing Program or by funds transferred from the Foothills Animal Foundation, a olorado non-profit corporation (the ·'Foundation ). The uses to which said fund may be put include. but are not necessarily limited to, replacement of capital equipment. procurement of ne\ capital equipment, and impro emenl or expansion of the acilit). lffunds are used from the capitaJ impro ement fund, the capital impro ement fund shall be returned to the Minimum Threshold as soon as funds become a\ailable but within no more than a rv.o year period from the date the fund fell belo\\ the 4 B. E FORCEM · T. Each part) shall b responsible for nforcement ofthe penalties for its dog licensing ordinance within their own jurisdiction. Each party agrees to actively pursue enforcement of aid ordinance . C. L1 lNG ADM I I 1 RA R DEFINED. The Licensing Administrator is the entity delegated the aulhorit) by the partie to issu licenses and collect fees for said dog I icenses on behalf of all parties. D. DELEGATIO OF AUTHOR! . The parties hereby ha e delegated authority to the County to be the Licensing Administrator to i sue license and collect fees for said dog license on behalf of all parties . A new Licen ing Administrator may be appointed by written approval of the helter Board. lfthe Licensing Administrator appointed is not a party. the helter Board shall enter into an agreement with the entity chosen to be the Licensing Administrator to bind the ne\! Licen ing Administralor to the term of this Agreement and any other terms deemed necessary by the helter Board . £. DOG Ll EN E . The dog licenses hall all be identified as " ounty Dog Licenses." A. DE IG ATION OF FUND . The Licensing Administrator agrees that all monies paid to the icensing Administrntor for the licen ing of dog within the juri dictions of all parties. shall be placed into a de ignated fund (the ''Dog Licensing Fund ") except the fund due to the Licensing Administrator as pro id d in Part 2. Article II. ection B and the funds withdrawn or retained by the County pursuant to Part 2 . Article II. ection C. B. Ll E I G ADMIN I TRA TOR. ADMINI TRA TIV CO T . On August I st of each year this Agreement is in effect. the Licensing Administrator shall provide each part y with a statement of the Licensing Administrator's admini trative costs directly attributable to the operation of the Dog icen . ing Program from July I 'through June 30th of each year. and the projected adminislrati e costs for the upcoming year. The Licensing Administrator shall retain the amount of the Licensing Administrator' administrative costs from the Dog Licensing Program revenue on a monthly basis . The Licensing Administrator shall be entitled to payment for the cost of, at a maximum. two full time employees including salary . benefits and overhead . The Licensing Administrator employee positions shall be Administrative pccialist I or 11 positions a currently defined by the County or equi alent positions . Any future staffing needs . beyond those current!) listed abo e. require appro al of the helter Board . The Licensing Administrator shall also be entitled to the cost of tags . mailers (for new tags and renewals). postage. printing. maintenance/updates of dog licensing sofiware and mi cellaneous office s upplies. and any other co ts directly attributable to the operation of the Dog Licensing Program . C. Dl B R EM NT OF FUND FOR 2012 . The parties ha e each paid an as es sment to the he her for the 2012 Bud et Year as a contribution to the o perating costs and capital improvement co sts of the Shelter. The ounty, as the current Licen s ing Administrator 7 hall withdra\\ fund from the Dog icen ing und to pay that portion of the debt ervice on the OP for 2012 attributable to the portion of tho c proceeds used to fund the construction of the Facilit . The Count ~. as the current Licen ing Administrator. shall re tain fund in the Dog Licensing Fund to pay the C unt · e timated adrnini tra t ive cost nnd ex pen . e for acting a the Licen ing Administrat r through December 31 . 2012 . The remainder of the fund in the Dog Licensing Fund shall be paid over to the he Iter to be u ed first to meet the requirements for funding the Capital lmpro ement Fund and Contingency/Emergency Fund and Lhe remainder hall be allocated as determined by the helter Board . D. Dl B R EM T OFF D AFTER 2012. x ept for the funds retained b) the Licensing Administrator each month for it administrati e costs and expenses as provided in Part 2. Article II, ection B, the funds contained in the Dog Licensinf Fund shall be paid to the he Iter by the Licensing Administrator on a monthly basi on the 10 1 of the follo\i ing month as a contribution from the parties toward the operating costs of the he Iter or capital improvement or maintenance cost of the . helter as appro ed by the heher Board . RECORD K ~-PI G . The Licensing Administrator shall maintain adequate and correct accounts of the funds. which accounts shall be open to inspection at any rea onable time by the partie hereto. their attorneys. or their agents. IV. R E PORT A . DEFI ITIO I. Reporting Period shall mean the period between July I ~>~ to June 30111 of each ub equent year . 2. Juri.,.diclion -The Jurisdiction of each party who is a city shall mean the area within its municipal boundaries. For Westmin ter and Arvada Jurisdiction shall include the area within their municipal boundarie that is within Adams County and Jefferson County. The Juri diction for the ount shall be the unincorporated area of the ount). 3. EstimtJied Dog Population for a part shall mean : a. the estimated percentage of Colorado hou ehold harboring one or more dogs. obtained fTOm the most current data publi hed by the American Veterinary Medical As ociation (the .. ource .. ); multiplied b b. the number of households in a pany's J urisdiction, a reported in the rn t current. publication by the tate Demographer's Office; multiplied by c. the a era_ e number of dogs per household for each household with a dog. obtained from the mo t current ource using the data for Colorado. 8 4. Compliance Rate hall mean the rate caJ ulated by dividing a. the number of licen es i ued for dog residing in a part 's Jurisdiction during a one year Reporting Period by b. theE timated Dog Population in each party's Juri diction for the ame Reporting Period . B. A AL R PORT. By August I ~~ of each year, the icen ing Administrator shall prepare and p~ nt to the helter Board an annual report of the number of dogs licensed during the prior year in each party's Juri diction. thee timated household population of ea h part ,· Juri diction as reponed in the most current publication b the tale Demographer' Office. the Compliance Rate for each party' Jurisdiction and the fund collected during the prior year. A sample of the report fonnat is attached as xhibit A. C. R PORT R QUESTED BY TH PARTIE . The Licensing Administrator hall also render to th partie hereto. at reasonable intervals. such reports and accountings a the parties hereto may from time to time requ L. COM P LIA CE A. REVJ W F REVENUE A D OMPLJA E BY J RJ 01 10 . If during the reporting period ending June 30,2012, there i .les than twen ty per cent (20%) compliance by the resident in a party's Jurisdic ti on. the resp cti e party shall pay to the Lice n ing Administrator for placement in the Dog Licensing Fund an amount equal to the difference between the funds that the Dog Licensing Fund\! ould have received if there was twenty per cenl (20%) compliance at the pa)ed dog licensing rate and the amount of dog license fees actuall collecred from the residents of that party 's Jurisdi tion. The twenty pcrcenl (20%) Compliance Rate et forth abo e hall be defined as the Minimum Compliance Rat for the reporting period ending June 30, 2012. When the annual report is distributed at the end of the next reporting period and e ery year thereafter. a new Minim um Compliance Rate shall be set for the following year if the Minimum ompliance Rate was exceeded by allrhe panics. If all the parties' Jurisdictions exceed the Minimum Compliance Rate according to the annual report. the new Minimum ompliance Rate for the following year shall be the Compliance Rate of the party with the lowest Complianc Rate. If an) party's Juri diction fail to meet the inimum Compli nee Rate et for a reporting period. the party shall pay to the Licensing Administrator for placement in the Dog Licensing Fund an amount equal to the difference betw en the funds that the Dog Licensing Fund ould have recei ed if the Minimum ompliance Rate was met at the spayed dog licen ingrate, and the amount of dog licen e fees actually coli cted from the residents of that party's Jurisdiction. B. APPROPRIAT IO AND PAYMENT OFF. NO . The parties agree lo pay the amounts et forth in Pan 2, Article V. ection A, to lhe Licensing Administrator for placement in the Dog Licensing und by January 31 51 of the year following which th Annual Report detennined a party failed to meet the Minimum Compliance Rate. pro ided. h wever . that all pa)men by the partie to the Dog icensing Fund pursuant to this A reement are subject to 9 annual appropriation by the partie hereto in the manner required by tatute . It is the intention of the parties that no multiple-year fiscal debt or other obligation be created b this Agreement. PA RT 3. REPAYMENT O F DEBT E R VICE FOR CON T R UCTION OF FACILITY I. .B AS I FOR DO G PO PU L ATION A. BA J FOR DOG POPULATION . The basis for the dog popula.tion calculation shall be ba ed upon the Colorado data from the most current Source. Whenever the dog population is needed for computa t ions under this Agreement, the figure used shall be the most recent available at the time such figure is needed unless otherwise specified herein. B. DEFINITIONS. The definitions for Jurisdiction. Reporting Period and Estimated Dog Population are set forth in Part 2. Article IV . II. C O NTRIB UT I ON T O DEBT SE RVI CE FOR C O ST OF CONSTR UCTI NG FACILI TY A. CONTRIBUTIO S OF THE PARTIE FOR DEBT ERVICE ON COPS . 5.2 million dollars of the proceeds from the OPs issued by the County' ere used to partially pay the cost for construction of the Facility. The panies agree that each municipal party shall annually pay an asse sment to the ount to repay that portion of the debt ervice on the OPs attributable to the portion ofthe proceeds used to fund the construction of the Facility (the ··Facility Debt ervice'') umil the COPs are defeased . The Facility Debt ervice chedule is attached hereto as Exhibit A but such schedule may be modified if the COP are refinanced a provided herein . -ach party's annual repayment will be dctcnnined as follows: I. Calculation for the Annual Assessment a . Determine the Estimated Dog Population for each party's Jurisdiction as of June 30th of each year. c. b . Add the Estimated Dog Population for all the parties together to detennine the otal Dog Population . Determine what percentage each party's stimated Dog Population is compared to the Total Dog Population for all of the parties· Jurisdictions combined ("Dog Population Percentage"). Each municipal party shall pay the County a portion of the Facility Debt Service equal to that municipal party ' Dog Population Percentage. · B. ANNUAL DEBT ERV ICE STATEMENT AND rNVOICE FOR COP . By August I 51 of each year, the Count .. shall prepare and present to the he Iter Board and the governing bodies of the parties a statement and invoice of the Facility Debt Service due from January I to December 31 for the upcoming year. each party's Dog Population Percentage and the total dollar amount due from each party for its portion of the Facility Debt ervice. C. PAYMENT FOR FACILITY FU DrNG IGA. Pur uant to the terms of the Facility Funding IGA, the Count shall pro ide the parties with a report each year stating tJ1e 10 nonappropriation of funds for payment of an assessment to the County or payment to the Licensing Admini trator for placement in lhe Dog Licensing Fund, termination of the defaulting party's participation in the Agreement shall not relieve the defaulting party of the obligation to make the pa ments to the County as pro ided in Part 3 or the Licensing Administrator for placement in the Dog Licensing Fund as provided in Part 2. Article V that were due prior to the defaulting party"s termination. This ection is not inlended to limit the right of any party under this Agreement to pursue an~ or all other remedies it rna. ha e for breach of this Agreement. A party who fails to make the paymems required by Part 2 or 3 for any reason other than nonappropriation of funds shall be obligated to pay all costs of collection of said payment. including reasonable attorneys· fees . A municipal party who fails to make the payments for any reason other than nonappropriation of funds shall be obligated to pa interest at a default rate of I 0% plus all costs of collection of said payment. including reasonable attorneys' fees. B. PAYMENT DEFAULT/ COPs. In the event any municipal party fails to make the payments to the County\ hen due other than for non appropriation as et forth in Part 3 Section 0 that municipal party shall be in default. In the event of a payment default or non appropriation by any of the municipal parties. the remaining municipal parties and County shall be responsible for the debt service amount owed by the defaulling or non appropriating municipal party or parties in the same ratio calculation set forth in Pan 3 except the ratio shall be calculated without the defaulting party or parties inclusion in the ratio. C. PAYMENT DEFA LT/$1.5 MILLION. In the event Ar ada, Lakewood, Wheat Ridge. Golden or Westminster fails to make the payments to the County when due other than for non-appropriation a set forth in Part 3 Section C the municipal party who fails to make a timely payment shall be in default. In the event of a payment default or non appropriation by Arvada, Lakewood. Wheat Ridge, Golden or Westminster. the remaining municipal parties shall be responsible for the debt service amount owed by the defaulting or non appropriating municipal parties as provided in the Facility Funding IGA. II. TERM, RENEWAL AND TERMINATION OF AGREEME T A. TERM A D RENEWAL OF AGRE MENT. This Agreement shall be in full force and effect for a tenn of SO years from July I. 2012 or until sooner tenninated by two-thirds of the panic hereto. and the parties entering into this Agreement hall have the option to extend this Agreement by amending this Agreemenl pursuant to Part 4, Section Ill. B. CONTINUATION OF HEL TER OPERATION/FEES FOR ON-PARTIE . All property and animals shall remain in the Shelter under the terms of this new Agreement Entities not parties to this Agreement who ha e animals at the Sheher that were placed at the Shelter by the entity or residents living wid1in the boundaries of the entity on effective date of this Agreement shall pay a fee as set b. the helter Board which may be per animal per day as long as said animal remains at Lhe Shelter. C. TERMJ ATION BY WRITIEN OTICE. Thi Agreement. or any party's participation in this Agreement. may be terminated effective by written notice from the party or 12 parties to the he Iter at lea t 180 days prior to January I st of an gi en year. An party terminating its participation pursuant to this provision shall not be entitled to any reimbursement for aid partie ' contributions to the County, the helter or the Licensing Administrator for capital costs. assessments or any operating costs previously paid by aid party or any dog licensing fees pre iously paid by its re idents. uch party shall be entitled to be re-admitted to the membership of the helter if approved by the helter Board and ifthe tenninnted party has paid all dollar amounts the terminated party is in arrear under the terms of this Agreement. D. TERMI ATlON WlTHOUT R£Q JRED NOTICE. In the event that an part hereto elects to terminate its participation in this Agreement prior to the end of an period of this Agreement and not in accordance with subsection C of this section, such party shall be considered in default ofthi Agreement and according!)' shall forfeit its entire contribution to the helter. Upon default the defaulting party shall forfeit all pri ileges and property that such party obtained as a result of its membership in this heher. Should a defaulting party, at orne later date, seek readmission to the membership of the helter, such party shall be required to meet the requirements and contributions of any new party seeking membership pursuant to the terms of this Agreement. E. POWER OF HELTER UPO TERMJ A 10 BY TWO-THIRD . Upon termination by mutual agreement of two-thirds of the parties to this Agreement. the power granted to the Shelter under this Agreement shall continue 10 the extent necessary to make an effecti e disposition of the property, equipment and animals under this Agreement. lfthe Agreement is terminated the helter and the County shall cause the Lease Agreement with the County to be terminated. F. TATUS OF LEA ED PREMJ E UPO TERMI ATIO BY TWO-THIRD I PAYMENT OF HEL TER LIABJLJTIES. Upon lemlination of this Agreement by mutual agreement of two-thirds of the parties hereto, the Lea e Agreement shall terminate in accordance with its terms and improvements thereon located in Jefferson County, shall re ert to Jefferson County for its use and ownership. Any cost for liabilities incurred by the helter during the tennination of this Agreement and as an expense of termination shall be borne by each party to the Agreement in the same proportion as it is required to contribute to the assessments in Pan 3 ection II. whether such assessments have terminated or not ex.cep~ if the debt service on the COPs is not fully paid. the County shall not pay any part of the remaining helter liability and the proportion of each municipal party shall be adjusted to pay the full amount ofthe Shelter liability without the County participat.ion. G. TERMI ATION FOR REA ON OTHER THA 0 APPROPRIATION . Termination of the Agreement for any reason other than nonappropriation of fund shall not relie e the terminating party of the obligation to make the payments to the Licensing Administrator as provided in Part 2 or pay the party 's assessment to the County as provided in Part 3. H. OJ BUR EM -NTOFFUNDVPO TERMINATIO . lfthisAgreementis terminated. the Licensing Administrator shall first pay the County any monies it holds from the 13 dog licensing re enue. except its osts of admini tration prior to termination of the AgreemenL to pay the County for the cost of any remaining debt ervice on the OP i ued to pay for the cost of constructing the Facility. The Shelter hall pay any funds it hold beyond it ex.pen es incurred prior to the termination of thi Agreement to the ount to o er any remaining co t of the debt crvice on th OP s. This provi ion and the provisions of Pan 2. Article II. ection B: Pan 2. Article V; Pan 3. Article II: Pan 4. Ani lc I. 'ection A. Band and Ani le II.. shall survhe termination ofthi Agreement. This Agreement may be amended at any time in ' riting by agreement of all the partie to this Agreement except that the Agreement may also be amended as et for the in Pan 4. Section X. IV. EVERABILIT\' CLAU E If an) pro ision ofthis Agreement or the application thereofto an) part) or circumstance are held iO\ a lid. uch in alidity hall not affect other pro ision or applications of the Agreement which can be gi en effect without th in alid pro is ion or application. and to this end. the pro i ions of the Agreement are declared to be se erable. V. COUNTERPARTS Thi Agreement rna be igned in counterpart • and each counterpart hall be deemed an original. and all the counterparts taken as a" hole hall onstitute one and the a me instrument The Agreement shall not be effective until ex cut d b) all parties. Except as otherwi e stated herein. this Agreement is intended to describe the rights and responsibilities of and between the parties and is not intended to, and shall not be deemed to. confer rights upon any per ons or entities not named as parties. limit in an way go emmental immunity and other limited liabilit statutes for the protection of the panics. nor limit the powers and re pon ibilitie of any other emit. not a party hereto. othing contained herein hall be deemed to create a partner hip or joint enturc bet\l.cen the parties\\ ith re peel to the subject maner hereof. Thi Agreement super edes and replace all prior agreements dealing with fonnation of the helter including but not limited to the Intergovernmental Agreement dated for reference purposes only January I. 1998. and the Intergovernmental Agreement for the County Wide Licensing Program dated for reference purpo e onl_ June 20. 2007 and any amendments to tho e agreements . The Fa ilit) Funding IGA shall remain in full force and efl'ect except as amended herein . To the extent Facility unding IGA sa .. s th County i olely re pon ible for 14 ATTEST : City Clerk APPROVED A TO FORM : Office of the City Attome CITY OF ARVADA , TATE OF COLORADO By~--~~------------­ Name & Title: ------------- Date :------------- I 7 ATTEST: City Clerk APPROVED A TO RM: Office ofthe City Anomey I YOFGOLDEN TAT -OF COLORADO By·~-----~------­ Name & Title: ------- Date:--------- 19 AITE T : CITY OF WH AT RIDG :: T A OF COLORA DO ~it~L .. Clerk A~~~ Office of the City Attorney 20 AITE T: Cily Clerk APPROVED AS TO FORM: Office of the City Attorney CITY OF WE TMIN T ER TATE OF O LORADO By __________ _ Name & Title : ______ _ Date:--------- 21 Council Action Fonn Jul y 22, 201 3 Page 2 FINANCIAL IMPACT: None. Staff does not recommend an amendment to electrical inspection or pennit fees as a part of this ordinance. Current fees have proved adequate to cover the City's costs of performing inspection and pennitting work. BACKGROUND: The City adopted and has been enforcing the 2005 edition of the National Electrical Code for approximately eight years , in which time two newer versions of the code have been promulgated by the National Fire Protection Association and adopted by the State of Colorado and most of the neighboring municipalities. The National Electrical Code is not a part of the International Code family and therefore was not included in the code adoption process that occurred in 2010. The city currently enforces a version of the code that is outdated and inconsistent with the version used by contractors and homeowners in neighboring jurisdictions. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No . 10-2013 , an ordinance adopting by reference the 2011 edition of the National Electrical Code, pro v iding penalties for v iolations thereof and amending portions of Chapter 5 of the Wheat Ridge Code of Laws concerning electrical inspections , on first reading, order it published , set the public hearing for Monday, August 12 , 2013 at 7 p.m. in the City Hall Council Chambers, and that it take effect November 1, 2013." REPORT PREPARED/REVIEWED BY: John Schumacher, ChiefBuilding Official Cannen Beery, City Attorney's Office Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 10-2013 TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER------ Council Bill No. 10 Ordinance No. ----- Series of 2013 AN ORDINANCE ADOPTING BY REFERENCE THE 2011 EDITION OF THE NATIONAL ELECTRICAL CODE, PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND AMENDING PORTIONS OF CHAPTER 5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ELECTRICAL INSPECTIONS WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to Section 5.16 of the Wheat Ridge Home Rule Charter ("Charter") and Part 2 of Article 16 of Title 31 of the Colorado Revised Statutes, the City, acting through its City Council (the "Council"), possesses the authority to adopt standard codes by reference; and WHEREAS, pursuant to this authority, the City previously adopted the 2005 edition of the National Electrical Code ("NEC"), as promulgated and published by the National Fire Protection Association, codified as Section 5-77 of the Wheat Ridge Code of Laws ("Code"); and WHEREAS, the National Fire Protection Association has promulgated and published a 2011 edition of the NEC which contains updated regulations and requirements; and WHEREAS, the Council recognizes the value of the NEC in providing minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of buildings, structures, utilities and certain equipment; and WHEREAS, the Council also previously adopted certain requirements concerning electrical inspections, which relate to NEC requirements, codified as Division 3 of Article II of Chapter 5 of the Code, also known as Sections 5-56 through 5-75; and WHEREAS, City staff has recommended updating said Code provisions concerning electrical inspections and relocating the same to Code Section 5-77 in order to congregate all local provisions regarding electrical code requirements and inspections in one Code section; and WHEREAS, a public hearing on this Ordinance was conducted and proper notice thereof given in accordance with C.R.S. § 31-16-203; and WHEREAS, a certified copy of the 2011 edition of the NEC was filed with the City Clerk at least fifteen (15) days prior to public hearing on this Ordinance in accordance with C.R.S. § 31-16-206 and Charter Section 5.16 and such code remains open to public inspection and purchase from the Clerk's office; and Attachment 1 WHEREAS, the City wishes to adopt by reference the 2011 edition of the NEC, provide penalties for NEC violations and to update and relocate Code provisions concerning electrical inspections to Code Section 5-77, all as further set forth herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-77 of the Wheat Ridge Code of Laws , concerning the National Electrical Code, is hereby amended as follows Sec. 5-77. National Electrical Code; ELECTRICAL INSPECTIONS. (a) Adopted. The National Electrical Code, ~ 2011 Edition, copyright by the National Fire Protection Association , Batterymarch Park, Quincy, Massachusetts, 01269-7471, is hereby adopted by reference thereto and incorporated into this chapter as though fully set out herein as the electrical code of the city. Except as otherwise provided in this chapter, such code is adopted in full , including the index contained therein. One copy of said National Electrical Code shall be filed in the office of the city clerk and may be inspected during regular business hours . (b) Amendments. Tho National Electrical Code , adopted by this section is hereby amended as follows (section numbers refer to section numbers of tho National Electrical Code): Article 310.2(b} is amended by adding a new sentence to read: "Aluminum conductors under size 8 are not aiiO',tled ." Purpose. The purpose of this section is to provide minimum standards to safeguard life or limb , health, property, and public welfare by regulating and controlling the design , construction , quality of materials , use and occupancy, location and maintenance of all buildings, structures and utilities and certain equipment specifically regulated herein . (d C) Electrical permit fees . Electrical permit fees shall be as follows : All fees shall be computed BASED on the dollar value of the electrical installation, including time and material (total cost to tho customer) ESTIMATED PROJECT VALUATION AT THE TIME OF APPLICATION . PROJECT VALUATION SHALL INCLUDE THE VALUE OF ALL WORK, INCLUDING ALL COSTS OF LABOR AND MATERIALS RELATED TO THE PROJECT. PROJECT VALUATION SHALL BE CALCULATED BY THE BUILDING DIVISION BASED ON DATA PUBLISHED ON THE CITY WEBSITE OR OTHER REASONABLE MEANS, AND THE HIGHER OF THE APPLICANT'S STATED VALUATION AND THE DIVISION 'S CALCULATED VALUATION SHALL BE USED TO DETERMINE PERMIT FEES . afld ~ Fees shall be computed based upon Table 1-A OF THE CITY 'S FEE SCHEDULE , AS ADOPTED FROM TIME TO TIME BY CITY 2 COUNCIL RESOLUTION ("TABLE 1-A"), at time of obtain ing the permit. (e D) FEES FOR WORK WITHOUT A PERMIT. Items of work for which a permit is requ ired under this SECTION chapter which are commenced before a permit is secured shall be assessed A FEE fees fer permits in triple the amounts AS SET FORTH IN TABLE 1-A prescribed in the permit's fee schedule . This FEE penalty shall be in addition to the PERMIT investigation fee REQUIRED FOR SUCH WORK PURSUANT TO referenced in Table 1-A , City of Wheat Ridge building permit foes . (E) ELECTRICAL INSPECTIONS. (1) GENERAL. ALL CONSTRUCTION AND WORK FOR WHICH A PERMIT IS REQUIRED BY THE CODE ADOPTED BY THIS SECTION 5-77 SHALL BE SUBJECT TO INSPECTION BY THE BUILDING OFFICIAL TO ENSURE COMPLIANCE WITH SAID CODE AND SUCH CONSTRUCTION OR WORK SHALL REMAIN ACCESSIBLE AND EXPOSED FOR INSPECTION PURPOSES UNTIL APPROVED . APPROVAL AS A RESULT OF AN INSPECTION SHALL NOT BE CONSTRUED TO BE AN APPROVAL OF A VIOLATION OF THE PROVISIONS OF THE CODE ADOPTED BY THIS SECTION OR OF OTHER ORDINANCES OF THE CITY. INSPECTIONS PRESUMING TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF THE CODE ADOPTED BY THIS SECTION OR OF OTHER ORDINANCES OF THE CITY SHALL NOT BE VALID. IT SHALL BE THE DUTY OF THE PERMIT APPLICANT TO CAUSE THE WORK TO REMAIN ACCESSIBLE AND EXPOSED FOR INSPECTION PURPOSES . NEITHER THE BUILDING OFFICIAL NOR THE CITY SHALL BE LIABLE FOR EXPENSE ENTAILED IN THE REMOVAL OR REPLACEMENT OF ANY MATERIAL REQUIRED TO ALLOW INSPECTION . APPROVAL OF ONE PORTION OF WORK UPON INSPECTION SHALL NOT CONSTITUTE APPROVAL OF ANY OTHER PORTION OF WORK REQUIRING INSPECTION. (2) INSPECTION AGENCIES. THE BUILDING OFFICIAL IS AUTHORIZED TO ACCEPT REPORTS OF INSPECTION AGENCIES , PROVIDED SUCH AGENCIES SATISFY THE BUILDING OFFICIAL 'S REQUIREMENTS AS TO QUALIFICATIONS AND RELIABILITY. (3) PERMIT POSTED; INSPECTION RECORDS AVAILABLE. NO CONSTRUCTION OR WORK FOR WHICH A PERMIT IS REQUIRED BY THE CODE ADOPTED BY THIS SECTION SHALL BE COMMENCED UNTIL SUCH REQUIRED PERMIT IS POSTED AT THE WORK SITE. ADDITIONALLY, ALL INSPECTION RECORDS FOR A WORK SITE SHALL BE 3 MAINTAINED AND MADE AVAILABLE FOR INSPECTION BY THE CITY ON-SITE AT ALL TIMES THAT WORK IS OCCURRING AT SUCH SITE. Section 2. Division 3 of Article II of Chapter 5 of the Wheat Ridge Code of Laws , concerning electrical inspections, is hereby repealed and Sections 5-56 through 5-75 of the Code are hereby designated as "Reserved ." Section 3. Penalties . Penalties for violating the 2011 Edition of the NEC, as adopted by reference by this Ordinance, are set forth in Code Sections 1-5 and 5-5, which read, in their respective entireties, as follows: Sec. 1-5. General penalty. Unless otherwise specifically provided , whenever in this Code or any other ordinance of the city or any section or an order, rule or regulation promulgated under the provisions of this Code or other ordinance of the city any act is prohibited , made or declared to be unlawful, an offense , nuisance or misdemeanor, where no specific penalty is provided therefor, any person who shall be convicted of the violation of any such provision of this Code or other ordinance of the city or of such orders, rules or regulations shall be punished by a fine of not more than one thousand dollars ($1 ,000.00), or by imprisonment for a period not exceeding one year , or both such fine and imprisonment; provided , however, that no person under the age of eighteen ( 18) years shall be subjected to imprisonment for violation of any provision of this Code . Sec. 5-5. Enforcement and remedies. (a) Civil actions. When an alleged violation of this chapter has not been voluntarily abated within the time specified in the notice issued pursuant to section 2-34: (1) The city may bring a civil action in the municipal court to have the violation declared as such by the court and to have the court enjoin the violation or to authorize its restraint, removal, termination or abatement by the owner, agent , occupant or person who caused the violation or the person who allowed the violation to continue, or by the mayor, the director of community development, director of public works or the chief of police or their designated representatives. (2) The civil action to declare and abate a violation of this chapter shall be brought in the name of the City of Wheat Ridge by filing a complaint, which shall be verified or supported by an affidavit. Summonses and subpoenas shall be issued and served as in civil cases . Any employee or agent of the City of Wheat Ridge who is over the age of eighteen (18) may serve a summons and verified complaint upon the owner, agent, occupant or the person who caused or allowed the violation 4 (hereinafter "respondent"), or a subpoena upon any witness to the violation. Trial shall be to the court. (3) A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty- one (21) days from the date of service of the summons and complaint. The respondent shall file a response or answer on or before the appearance date specified in the notice of appearance . The trial shall be held upon the appearance date, unless the court grants a continuance for good cause shown. No case shall be continued for more than sixty (60) days after the appearance date. (4) Upon the date and time specified for appearance and trial, if the respondent has filed no response and fails to appear, and if the city proves that proper service was made on respondent at least twenty-one (21) days prior to the appearance date, the court may grant such orders as are requested by the city; except that, the court shall order the enforcement by the city be stayed for ten ( 1 0) days and that a copy of the court's order be mailed to the respondent at his last known address. Failure to appear on any date set for hearing and trial shall be grounds for entering a default and default judgment against the nonappearing party. Prior to enforcement, and upon good cause shown, the court may set aside an entry of default and default judgment entered thereon. (5) Any disobedience to or interference with any injunction or order issued by the municipal court in an action to abate a violation of this chapter of the Wheat Ridge Code of Laws may be punished as a contempt of court or by a fine of not more than one thousand dollars ($1,000 .00). Each day's failure to comply with an injunction or order to abate shall constitute a separate act of contempt for which an additional penalty may be imposed. (6) In order to facilitate just, speedy, informal and inexpensive determinations of claims, the court shall follow the rules of county court civil procedure, as presently adopted and as amended hereafter from time to time, excepting Rules 302 , 313, 338, 339, 347 , 348, 350, 351 , 351.1, 359(c)(2), 365, 383, 398, 402, 403, 404 and 406 thereof, and shall further utilize and follow the provisions of Rule 65 of the Colorado Rules of Civil Procedure in all cases wherein civil enforcement of the provisions of chapter 5 is sought. In the event of any discrepancy between any of the provisions of chapter 5 and those applicable rules of county court civil procedure, or Rule 65 of the Colorado Rules of Civil Procedure adopted hereby, the provisions of chapter 5 shall prevail and be applied. The right is expressly reserved and delegated to the presiding judge of the Wheat Ridge Municipal Court to adopt rules of 5 procedure for the Wheat Ridge Municipal Court, which rules shall be applicable in any civil enforcement action brought by the city; provided , however, that said rules of procedure adopted and promulgated by the presiding judge of the municipal court shall not conflict with or contradict the authority of the city to pursue civil enforcement for violations of the provisions of this chapter 5. (7) In any case in which the city prevails in a civil action initiated pursuant to this subsection (a), the city may recover its reasonable costs of abating the violation, including reasonable costs of litigation, plus fifteen ( 15) percent in administrative costs ; plus costs may be assessed against the subject property pursuant to paragraphs 16-13-313 and 16-13-314, C.R.S., (as amended). The remedies specified in this subsection (a) shall be in addition to all other remedies provided by law. (b) Cumulative remedies . The remedies set forth herein are cumulative. In the event any building, structure or utility is erected, constructed, reconstructed, altered, repaired, converted, demolished, moved or maintained, or any building, structure or utility is used in violation of this chapter, the city or any proper city official may institute any other appropriate action or proceedings to prevent such unlawful erection, construction , reconstruction , alteration , repair, conversion, maintenance or occupancy to restrain, correct or abate such violation or to prevent the occupancy of such building, structure or land . The initiation of any action or the imposition of any penalty hereunder shall not preclude the city or any proper person from instituting any other appropriate action or proceeding to require compliance with the provisions of this chapter and with administrative orders and determinations made hereunder. Section 4. Safety Clause. The City Council hereby finds, determines , and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge , that it is promulgated for the health, safety, and welfare of the public and that this Ord inance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained . Section 5. Severability: Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby . All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 6. Effective Date . This Ordinance shall take November 1, 2013 , as authorized by Section 5.11 of the Charter. INTRODUCED , READ, AND ADOPTED on first reading by a vote of to __ _ on this 22nd day of July, 2013, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 6 12 1h, 2013, at 7:00 o'clock p.m., in the Council Chambers , 7500 West 29th Avenue, Wheat Ridge, Colorado . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading, after public hearing, by a vote of to , this day of _________ , 2013. SIGNED by the Mayor on this ____ day of _________ , 2013 . ATTEST: Janelle Shaver, City Clerk First Publication : Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 7 Council Action Fonn July 22, 2013 Page 2 accounts record be made to report the land held for resale at estimated market value. Because it is held for resale, it must be reported at market value, which will require the City to continuously evaluate the can·ying of the property." 4. "We are pleased to report that no such disagreements [with management] arose during the course of the audit." 5. "We encountered no significant difficulties while perfonning our audit." ISSUE : For the year ended December 31, 2012, the auditors have made the following recommendations: I. Certificates of Deposit-"As mentioned in past years, the City has purchased certificates of deposit at banks not certified under the Public Deposit Protection Act (PDPA). We recommend that the City evaluate the risks involved with these certificates of deposit as well as the compliance requirements stipulated in state statutes." This is an audit comment that we have seen in the past years and the City Treasurer has received a legal opinionfi"om the City Attorney on this matter. 2. Federal Awards-"The City has historically maintained the accounting records for grants using manual spreadsheets prepared by the grant administrators or accounting personnel. We continue to identify small errors in the spreadsheets. We again recommend that the City centralize its grant accounting process using the established accounting system. This process will help to detect and correct errors through intemal controls already in place." The Finance Division has been working with the Purchasing Division to establish a more formal grant program process building on our existing decentralized system. This process continues to be in progress and was reprioritized for 2014 due to other higher priorities needing to be addressed. 3. lntemal Controls-"The City has not established a review and approval process for joumal entries. Without proper segregation of duties, there is an increased risk that errors or fraud would not be detected in a timely ma1mer. We recommend that the City implement additional intemal controls over the joumal entry process where possible." We will evaluate our options to develop additional internal controls in the coming year and 2014. FINANC IAL IM PACT : The contract for audit services with Swanhorst & Company, LLC is for an amount of $20,000 for the regular audit. There was no single audit in 2012. REC OMMEN DE D M OT IO N : "I move to accept the 2012 Comprehensive Am1Ual Financial Report from Swanhorst & Company, LLC." Or, Council Action F orm Jul y 22, 201 3 Page 3 "I move to postpone indefinitely the acceptance of the 2012 Comprehensive Annual Financial Report from Swanhorst & Company, LLC for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Linda Stengel , Accounting Supervisor Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. 2012 CAFR