HomeMy WebLinkAboutCouncil Packet 01/09/2012CITY COUNCIL AGENDA: January 9, 2012 Page -2-
C. Resolution No. 03-2012-approving an Intergovernmental Agreement between the City
of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene services in the
amount of $68,610
D. Resolution No. 04-2012-amending the Fiscal Year 2012 General Fund Budget to
reflect the approval of a Supplemental Budget appropriation for the 2011 Edward Byrne
Justice Assistance Grant in the amount of $1'9,022
E. Resolution No. 05-2012-designating the Official Public Notice location and the Official
Newspaper of General Circulation for the City of Wheat Ridge Colorado
F. Resolution No. 06-2012-amending the Fiscal year 2012 Municipal Court Fund Budget
to reflect the approval of a Supplemental Budget appropriation in the amount of $20,300
for the purchase of a Portable Security Scanner
G. Resolution No. 07-2012 -approving an Intergovernmental Agreement between the City
of Wheat Ridge and the State of Colorado to provide the City with access to the State
Unemployment Benefit Database for Municipal Court purposes
H. Motion to approve the Annual Renewal for the Computer Aided Dispatch and Records
Management System in the amount of $81,755 to Logistic Systems, Inc.
I. Motion to encumber funds for On-Call Storm Sewer Cleaning and On-Call Traffic Signal
Repair Services in a total amount not to exceed $105,000
DECISIONS, RESOLUTIONS, AND MOTIONS
2. Resolution 08-2012-approving a Performance Agreement between the City of Wheat
Ridge and the Zoppe Family, Inc. and a Consulting Agreement with Success Resources
Unlimited, Inc. and amending the 2012 Fiscal Year General Fund Budget to reflect the
approval of a Supplemental Budget Appropriation in the amount of $34,500 for the first
deposit required by the Performance Agreement and the full amount required by the
Consulting Agreement
~. Motion to appoint Elected Officials to Outside Agencies
4. Presenting the proposed change(s) to Council Rules of Order and Procedure
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT to Study Session
City Council Minutes December 12, 2011 Page2
and future Council will have trouble enforcing reporting requirements because this sets
a precedent.
Matt Cloutier, Wheat Ridge business owner and president of the Wheat Ridge Rotary,
presented the first of five annual contributions of $3,000 to the City's public art fund and
off-leash dog park. Mr. Cloutier described several programs that the Wheat Ridge
Rotary has taken part of in the CitY of Wheat Ridge.
DECISIONS. RESOLUTIONS, AND MOTIONS
.1. Motion to adopt the 2012 Regular City Council Meeting Calendar
Motion was introduced by Mr. Stites.
Motion by Mr. Stites to adopt the 2012 Regular City Council Meeting Calendar with the
following amendments : add a Special Study Session after the Regular Council meeting
on Monday January gth and Monday January 23rd, and add an additional Study Session
on Monday January 30th; seconded by Mr. Reinhart;
Ms. Davis asked Council to consider possible Study Session dates that could be
cancelled to allow Council members to hold district town meetings.
Motion by Ms. Davis to amend the calendar to add fifth Monday's in April, July, and
October as district or town hall meetings; seconded by Mr. Starker; carried 8-0.
Original meeting calendar carried as amended 8-0.
2 . Motion to appoint an Election Commission term ending December 2013
Motion was introduced by Ms. Davis .
Motion by Ms. Davis to appoint Lloyd Levy and Wanda Sang to the Election
Commission term ending December 2013 ; seconded by Mr. Stites;
Mr. Starker asked for a division of the question. Carried 8-0 to appoint Mr. Levy ; carried
8-0 to appoint Ms. Sang
~-Motion to approve Communication Tower Lease Agreement with Verizon
Wireless, LLC
Motion was introduced by Mr. Starker.
Motion by Mr. Starker to approve Communication Tower Lease Agreement with Verizon
Wireless, LLC; seconded by Mr. DeMott; carried 8-0 .
City Council Minutes December 12, 2011 Page4
APPROVED BY CITY COUNCIL ON January 9, 2012 BY A VOTE OF __ to __
Mike Stites, Mayor pro tern
The preceding Minutes were prepared according to §4 7 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
· members . Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
Council Action Form
January 9 , 201 2
Page2
BACKGROUND:
The WRTV8 Community Bulletin Board is an essential communication tool and provides timely
and useful information to citizens about City services and programs. The City contracts with
Symon Communications, Inc . to provide the software. In order to continue to provide the
Community Bulletin Board on WRTV8 , staffis requesting approval of a supplemental budget
appropriation in the amount of $25 ,116. The supplemental budget appropriation consists of
transferring a total of $25 ,116 in revenues from the general fund undesignated reserves. The
contract renewal is required because Symon Communications existing support contract expired
on December 31 ,2011.
The City holds eight licenses utilized by the following departments: Police, Community
Development, City Manager 's Office (3), Public Works , and Parks and Recreation (both the
Recreation Center and Senior/Community Center). Staff has determined three additional
licenses are required for productivity and access for Department personnel located in
Administrative Services , Recreation Center and Public Works Operations.
The Community Bulletin Board exists to promote City services and programs . Additionally, per
the City 's Channel 8 Policy, the bulletin board system can be used to promote non-profit
programs and services. The bulletin board cannot be used for business promotions or by for-
profit organizations.
Per the City 's franchise agreement with Comcast, PEG (Public Education Government) fee
revenues may only be utilized to support equipment, software and maintenance associated with
the operation ofWRTV8. PEG fee revenues cannot be co-mingled with other general fund
revenues and the purpose of the funding is solely to support WRTV8 operations (not to include
staff salaries or the purchase of programming). Additionally, staff tracks the balance of PEG fee
funding. The current balance of available PEG fee funds is $204,779.79. This total does not
include a 4th quarter estimate for 2011 of$10,100 PEG Fee payment. Revenues have averaged
approximately $42 ,000 per year . The estimated remaining balance for January 2012 is
$167 ,130.39.
RECOMMENDATIONS:
Staff recommends that City Council approve the supplemental budget request. Funding for the
contract renewal and three additional licenses is not budgeted in the General Operating Budget
since PEG fee funding can be utilized for this WRTV8 service.
RECOMMENDED MOTION:
"I move to approve Resolution No. 01-2012 -A resolution amending the fiscal year 2012
general fund budget to reflect the approval of a supplemental budget appropriation in the amount
of$25 ,116 for the renewal of the 2012 contract to support the WRTV8 Community Bulletin
Board software and purchase three additional licenses."
Or,
Council Action Form
January 9 , 2 01 2
Page 3
"I move to postpone indefinitely Resolution No. 01-2012 -A resolution amending the fiscal year
2012 general fund budget to reflect the approval of a supplemental budget appropriation in the
amount of$25 ,116 for the renewal ofthe 2012 contract to support the WRTV8 Community
Bulletin Board software and purchase three additional licenses for the following reason(s)
"
REPORT PREPARED BY:
Heather Geyer, Administrative Services Director/PIG
Michael Steinke, IT Manager
ATTACHMENTS:
1. Resolution No. 01-2012
2. Symon Annual System Renewal Quote 29527
3 . Symon 3 Licenses Design Studio Quote Q-00003729
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 01
Series of 2012
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2012
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT
OF $25,116 FOR THE RENEWAL OF THE 2012 CONTRACT TO
SUPPORT THE WRTV8 COMMUNITY BULLETIN BOARD
SOFTWARE AND TO PURCHASE THREE ADDITIONAL
LICENSES
WHEREAS, the City Council recognizes the Channel 8 Community Bulletin
Board as an important communication tool in informing the community about City
programming and services; and
WHEREAS, the use of Public Education Government (PEG) Fees can only be
utilized for equipment, software and maintenance needed for operating Channel 8; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City Council authorizes the renewal of the Community Bulletin Board
software support contract and the purchase of three additional licenses
B. The City Council authorizes the transfer of $25,116 from the general fund
undesignated reserves to account number 01-111-700-755 and amending
the 2012 fiscal year budget accordingly.
DONE AND RESOLVED this 9th day of January 2012.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
Quote Number Q-00003729
Product Breakdown
Product Code Product Item Descnplion
8162
8163
SYMONCARE
Design Studio (Qty 6-10)
Design Studio (11+)
Symon Care
Symon Design Studio -Qty 6-10
Symon Design Studio -Qty 11 and higher
~ ~ I -1
... ~ .,. City of •
JP'WheatRi_dge
ITEM NO: i f3 ·
DATE: January 9, 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 02-2012 - A RESOLUTION AMENDING
THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF
$12,533.40 FOR THE RENEWAL OF THE WRTV8
COMMUNITY VIDEO STREAMING SOFTWARE SUPPORT
FOR2012
0 PUBLIC HEARING
0 BIDS /MOTIONS
C8J RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
0 ORDINANCES FOR 1sT READING
0 ORDINANCES FOR 2ND READING
0 YES
Should the City Council approve a supplemental budget appropriation in the amount of
$12 ,533.40 for the renewal ofWRTV8 Community video streaming software support?
PRIOR ACTION:
City Council approved the 2011 renewal of the WRTV8 video streaming software support.
FINANCIAL IMPACT:
The requested amount of the supplemental budget appropriation is $12 ,533.40 for the renewal of
the WRTV8 video streaming software. The renewal is paid for using Public Education
Government fee funds (PEG).
V:\Forms\CAFtemplate
Council Action Form
January 9, 201 2
Page2
BACKGROUND:
The WRTV8 community video streaming software is an essential communication tool and
provides timely and useful information to citizens about City services and programs. To enable
the video feeds for council meetings via the Internet, the video streaming software is required.
The City contracts with Granicus , Inc. to provide the live and playback video streaming
software.
The community video streaming exists to provide not-for-profit service information and to
promote City services and programs. Additionally, per the City's Channel 8 policy, the video
streaming system can be used to promote non-profit programs and services. The video streaming
software cannot be used for business promotion or for-profit organizations.
Per the City 's franchise agreement with Comcast, PEG (Public Education Government) fee
revenues may only be utilized to support equipment, software and maintenance associated with the
operation ofWRTV8. PEG fee revenues cannot be co-mingled with other general fund revenues
and the purpose of the funding is solely to support WRTV8 operations (not to include staff salaries
or the purchase of programming). Additionally, staff tracks the balance of PEG fee fundinf. The
current balance of available PEG fee funds is $204,779.79. This total does not include a 4t
quarter estimate for 2011 of $10 ,100 PEG Fee payment. Revenues have averaged approximately
$42 ,000 per year. The estimated remaining balance for January 2012 is $167 ,130.39.
RECOMMENDATIONS:
Staff recommends that City Council approve the supplemental budget request. Funding for the
renewal of the video streaming software is not budgeted in the general operating budget since
funding can be utilized for this WRTV8 service.
RECOMMENDED MOTION:
"I move to approve Resolution No. 02-2012 -A resolution amending the fiscal year 2012
general fund budget to reflect the approval of a supplemental budget appropriation in the amount
of$12,533.40 for the renewal ofthe WRTV8 community video streaming software support for
2012."
Or,
"I move to postpone indefinitely Resolution No. 02-2012 -A resolution amending the fiscal year
2012 general fund budget to reflect the approval of a supplemental budget appropriation in the
amount of$12,533.40 for the renewal of the WRTV8 community video streaming software
support for 2012 for the following reason(s) "
REPORT PREPARED BY:
Heather Geyer, Administrative Services Director/PIG
Michael Steinke, IT Manager
ATTACHMENTS:
1. Resolution No. 02-2012
2. Granicus invoice # 31534
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 02
Series of 2012
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2012
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT
OF $12,533.40 FOR THE RENEWAL OF THE WRTV8
COMMUNITY VIDEO STREAMING SOFTWARE SUPPORT FOR
2012
WHEREAS, the City Council recognizes the Channel 8 video streaming as an
important communication tool in informing the community about City programming and
services ; and
WHEREAS, the use of Public Education Gove_rt]ment (PEG) Fees can only be
utilized for equipment, software and maintenance needed for operating Channel 8; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a Resolution .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City Council authorizes the renewal of the Community video
streaming software support.
B. The City Council authorizes the transfer of $12 ,533.40 from the general
fund undesignated reserves to account number 01-111-700-755 and
amending the 2012 fiscal year budget accordingly.
DONE AND RESOLVED this 9th day of January 2012.
Jerry DiTullio , Mayor
ATIEST:
Janelle Shaver, City Clerk
Attachment 1
Council Action Form -Lakewood Crime Lab IGA
January 9, 2012
Page2
BACKGROUND:
Prior to this agreement, the Wheat Ridge Police Department had two sworn detectives assigned
to the forensic crime lab. Two separate assessments recommended the department explore
options to staffing the forensic crime lab with non-sworn personnel. After reviewing the
alternatives , the police department determined the best option was to partner with the Lakewood
Police Department. This partnership allowed the department to enhance forensic crime lab
services to the community. The department eliminated one sworn position to fund the hiring of a
crime scene analyst for the Lakewood Police Department and reassigned the second crime lab
position as a detective in the Investigations Bureau to investigate criminal cases.
This partnership provides the Wheat Ridge Police Department with immediate access to all
Lakewood Crime Lab personnel as needed . The Lakewood Police Department provides access
to their crime scene analysts and a supervisor to respond to calls in Wheat Ridge based on the
crime scene processing needs. This arrangement allows the department to allocate personnel
resources to investigating cases. To date, this partnership has improved service levels at major
crime scenes and has provided for an assigned crime scene analyst to routinely process
evidentiary items at the police department. In addition, the supervisor and crime scene
technicians routinely attend Investigation Bureau meetings and have provided crime scene
process ing training to Wheat Ridge officers.
FINANCIAL IMPACT:
Per the agreement, Wheat Ridge pays salary and benefit costs for one Lakewood Crime Lab
position at $61 ,610 for 2012. Preliminary overtime costs have been estimated at $5 ,400 per year,
bringing the total personnel costs to $67 ,010 per year. In addition , the department will provide
for the replenishment of supplies consumed in the course of an investigation at a cost of $1 ,600.
In comparison, salary and benefits costs for one Wheat Ridge Police senior detective position are
$92 ,082 and estimated overtime costs of $8 ,000 bring the total costs for a sworn detective
position to $100 ,082. This IGA saves the department approximately $31 ,4 72 a year.
RECOMMENDATIONS:
The police department recommends maintaining the partnership with the Lakewood Police
Department. This IGA makes the police department more efficient and effective, and enhances
our level of service to the community. It also provides the department the opportunity to
redeploy a sworn position to the Investigations Bureau.
RECOMMENDED MOTION:
"I move to approve Resolution No . 03-2012-a resolution approving an intergovernmental
agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene
Services in the amount of$68,610."
Or,
"I move to postpone indefinitely Resolution No . 03-2012-a resolution approving an
intergovernmental agreement between the City of Lakewood and the City ofWheat Ridge for
Crime Lab/Crime Scene Services for the following reason(s) "
Council Action Form -Lakewood Crime Lab IGA
January 9 , 2012
Page 3
REPORT PREPARED BY:
Cheryl Keller, Administrative Assistant
Daniel Brennan, Police Chief
ATTACHMENTS:
1. Resolution No. 03-20 I 2
2 . Intergovernmental Agreement between City of Lakewood and City of Wheat Ridge
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION 03
Series of 2012
TITLE: A RESOLUTION APPROVING AN INGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT
RIDGE FOR CRIME LAB/CRIME SCENE SERVICES AND
AUTHORIZING PAYMENT OF $66,400 FROM BUDGETED ACCOUNT
01-212-700-704
WHEREAS, the Lakewood Police Department possesses both a forensic
crime lab and personnel that provide services that enhance investigative capabilities on
crime scenes; and
WHEREAS, the Wheat Ridge Police Department is desirous of utilizing these
resources to more effectively manage its crime scene investigation; and
WHEREAS, one ( 1) additional Crime Scene Analyst hired by Lakewood will
adequately staff the crime response team sufficient to service Wheat Ridge's needs;
and
WHEREAS, the effect of the additional Crime Scene Analyst will be that
Wheat Ridge will receive services equivalent to one (1) full-time employee; and
WHEREAS, the parties wish to establish a cooperative working relationship
between them to provide for the use of the forensic crime lab and personnel hereafter
described in this Agreement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
This Agreement shall be in full force and effect on the date that both Parties have
executed this Agreement (the "Effective Date"). This Agreement shall automatically
renew for one (1) year terms on the anniversary of the Effective Date. A Party may
terminate its participation in this Agreement with or without cause after ninety (90) days
written notice to the other Party.
DONE AND RESOLVED THIS 9th DAY OF January, 2012.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
AGREEMENT
THIS AGREEMENT is made and entered as of the 1s t day of January , 2012 , by
and between the CITY OF WHEAT RIDGE , COLORADO , a Colorado municipal
corporation , (hereinafter referenced as "Wheat Ridge "}, and the CITY OF LAKEWOOD ,
COLORADO , a Colorado municipal corporation , (hereinafter referenced as
"Lakewood ").
RECITALS
WHEREAS , Lakewood possess both a forensic crime lab and personnel that
provide services that enhance investigative capabilities on crime scenes ; and
WHEREAS , Wheat Ridge is desirous of utilizing these resources to more
effect ively manage its crime scene investigation ; and
WHEREAS, one (1) additional Crime Scene Analyst hired by Lakewood will
adequately staff the crime response team suffic ient to service Wheat Ridge 's needs ;
and
WHEREAS , the effect of the additional Crime Scene Analyst will be that Wheat
Ridge will receive services equivalent to one (1) full-time employee ; and
WHEREAS , the part ies wish to establish a cooperative working relationsh ip
between them to provide for the use of the forensic crime lab and personnel hereafter
described in this Agreement.
COVENANTS
NOW THEREFORE , in consideration of the recitals , covenants , and promises herein
set forth and other good and valuable consideration herein received , the parties agree
as follows :
1. Definitions. As used herein , the following terms have the meanings set forth :
a . Ancillary scene/ancillary crime scene: A scene that is not the primary
scene of a call-out. Anc illary scenes include , but are not limited to :
hospitals , vehicles and the Lakewood Police Department when used to
create search warrants and process victims and/or suspects .
b . Call-out: A request made by either the Wheat Ridge or Lakewood Police
Department for a Cr ime Scene Analyst, and any other personnel as may
be deemed necessary , to visit a cr ime scene and to beg in the
investigation and analysis necessary to resolve that particular case .
c . Court preparation : Includes , but is not limited to : photo processing and
preparation , diagram production , pre-trial meetings, consultation and other
Attachment 2
work done to prepare for any court proceedings resulting from a crime
scene investigation .
d. Crime Scene/Scene: Either a primary or ancillary scene as defined in this
section.
e . Crime Scene Analyst: A non-sworn member of the Lakewood Police
Department specializing in crime scene investigation .
f. Forensic crime lab/crime lab/lab: A lab specially designed to aid in the
investigation and analysis of evidence found at a primary crime scene or
any ancillary crime scene .
g. Image analysis: Follow-up work done in the lab, which includes, but is not
limited to: review of images and providing stills from surveillance tapes .
h. Latent print work: Follow-up work done in the lab, which includes:
processing, evaluation and comparison of fingerprints, as well as entry of
such fingerprints into Lakewood 's A.F.I.S . (Automated Fingerprint
Identification System), AFIX and I.A.F.I.S . (Integrated Automated
Fingerprint System).
1. Overtime: Time worked by any Crime Scene Analyst beyond the normal
working hours as scheduled on a weekly basis.
J. Primary scene/primary crime scene: The location where a crime is
committed .
2 . Availability of crime scene investigation resources. Lakewood shall make its
forensic crime lab and personnel available to Wheat Ridge under the terms set forth in
this Agreement.
3. Scope of services. Wheat Ridge may make a call-out request for a Crime
Scene Analyst in the circumstances as set forth in Exhibit 1 (the "Call-out Policy")
herein attached. Lakewood shall provide the following services to Wheat Ridge in
conjunction with each Wheat Ridge call-out:
a. At least one (1) Crime Scene Analyst at the primary scene of the call-out;
b. At least one (1) Crime Scene Analyst at any ancillary scenes;
c. Chemical preparation for any required processing at a scene; and
d. Follow-up preparation and evaluation of evidence in Lakewood's or Wheat
Ridge's lab. Follow-up in the lab includes, but is not limited to:
i. Documentation of clothing and other items of evidentiary value;
ii. Bloodstain pattern analysis both at the scene and in the lab.
Bloodstain pattern analysis includes presumptive testing for blood;
2
iii. Latent print work ;
iv . Footwear and tire track processing and comparison ;
v. Alternate light source examinations ;
vi. Fracture match examinations ;
vii. Image analysis ;
viii. Image processing and the archival storage and reproduction of
images which includes : time , material and storage expense ;
ix . Report writing and diagramming , which includes laser mapping ;
x . Gunshot residue collection ;
xi. Court preparation ; and
xii. Court testimony .
4. Procedure. All evidence that is not needed for immediate forensic examination
shall be booked into Wheat Ridge property and evidence. Wheat Ridge shall be
responsible for any required viewings of evidence .
5. Standard, access and quality of service. With regard to all services provided
under this Agreement , when responding to a request from Wheat Ridge , Lakewood
shall provide the same standard of service , quality of service and accessibility to Wheat
Ridge, as it does for all of its own call-outs . At a minimum, at least one (1) Crime Scene
Analyst will respond to all primary and ancillary crime scenes . Additional personnel may
be called to the scene as necessary and as they become available . In light of the
addition of a new full-time Crime Scene Analyst pursuant to Paragraph ?(a) hereof, it is
the expectation of the parties that this staffing increase will permit a Crime Scene
Analyst to respond to any Wheat Ridge and/or Lakewood call-out for evidence
collection .
6 . Assignments. Assignments to each call-out shall be made by Lakewood .
Wheat Ridge shall provide security for any Crime Scene Analyst who is at the scene of
a Wheat Ridge incident.
7. Compensation. In return for services provided and access to crime scene
investigation resources , Wheat Ridge shall compensate Lakewood in the following
manner:
a . Salary, benefits and other associated costs . Wheat Ridge shall pay the
salary , benefits and other costs associated with Lakewood retaining one
( 1) full-time Crime Scene Analyst. During the first twelve ( 12) months of
employment , salary for said employee shall not exceed $61 ,610 . Salary
shall be payable in advance in quarterly installments of $15,402 .50 .
3
Changes in salary, benefits , overtime and other associated costs of this
Agreement shall be made during each party's budget process , (typically
completed in the months of May and June) but in no event shall such
changes be communicated to the other party later than one (1) week prior
to submission of the final budget to the party's respective City Managers'
offices for approval
1. Overtime. Wheat Ridge shall pay all hourly overtime costs for
Crime Scene Analysts on Wheat Ridge call-outs at the overtime
rates paid by Lakewood for all overtime incurred by such Crime
Scene Analysts . Within thirty (30) days of receipt of the invoice
from Lakewood , Wheat Ridge shall pay all overtime costs incurred .
The parties understand that this rate may change from time to time,
upon 45 days advance written notice from Lakewood to Wheat
Ridge.
b . Replenishment of supplies . The City of Wheat Ridge agrees to provide
replenishment of supplies consumed in the course of an investigation.
These supplies include, but are not limited to , fingerprint powder, tape and
brushes, casting material and chemicals used in the development of latent
impressions and latent blood detection .
c. Personnel support . The City of Wheat Ridge agrees to provide financial
support for the analyst in the amount of $1,600 per year . This funds the
employee 's training costs , pager , cell phone and clothing expenses. This
fee will be billed quarterly in pro-rated amounts .
d. Scope . This Agreement shall not be read to include access to
Lakewood's Computer Forensics Technician .
8 . Staffing. The Lakewood forensic crime lab shall be staffed by Lakewood
employees exclusively. Lakewood shall hire one (1) additional Crime Scene Analyst
who will be a Lakewood employee for all purposes , including, but not limited to :
discipline and supervision .
9 . Records and retention. All physical records and evidence generated by the
crime lab and its personnel shall remain in the possession of Lakewood for the limited
purpose of forensic examination . Upon completion of such examination , such physical
records and evidence shall be maintained by Wheat Ridge . Legal ownership of such
records and evidence from any Wheat Ridge crime scene shall remain exclusively with
Wheat Ridge. Wheat Ridge shall have all responsibility for responding to records
inspection requests and any subpoenas for records with respect to Wheat Ridge crime
scenes .
1 0. Use of facilities. Lakewood shall have access to the Wheat Ridge facilities
necessary to carry out this Agreement. Furthermore , Lakewood shall have access to
the evidence facility owned by Wheat Ridge located at 11220 W . 451h Avenue, Wheat
Ridge, Colorado 80033-2500 .
4
11 . Compliance with Colorado Constitution Article X Section 20. The
obligations of the parties hereunder are expressly subject to annual appropriation of
amounts necessary in the sole and exclusive discretion of their respective governing
bodies. Nothing in this Agreement constitutes or is intended to create a multi-year fiscal
obligation or debt of either party within the meaning Article X , Section 20 of the
Colorado Constitution .
12 . Effective Date. This Agreement shall take effect on the 1st day of January,
2012, or upon execution of this Agreement by both parties , whichever event occurs last.
13 . Term. The term of this Agreement shall be twelve (12) months from the Effective
Date.
14. Termination. Either party may terminate this Agreement for any reason upon
providing sixty (60) days notice to the non-terminating party; provided, however, that the
non-terminating party is given at least thirty (30) days to effect a cure . Notice of
termination must state the reason the party is terminating the Agreement such that the
non-terminating party is given adequate information to cure. Any notice given under this
section shall be sufficient if personally delivered or if sent by certified mail , return receipt
requested , addressed as follows :
If to Wheat Ridge Police Department
With a copy (which shall
not constitute notice) to :
If to Lakewood Police Department:
With a copy (which shall
not constitute notice) to :
7500 W. 29th Ave.
Wheat Ridge , CO 80033
Gerald E. Dahl
Murray Dahl Kuechenmeister &
Renaud LLP
2401 15th Street, Ste . 200
Denver, Colorado 80202
445 South Allison Parkway
Lakewood , CO 80226
Office of the City Attorney
Lakewood Civic Center
480 S. Allison Pkwy.
Lakewood , CO 80226
Notices personally delivered shall be effective upon delivery. Mailed notices
shall be effective three (3) business days after mailing.
15 . Waiver. Failure to insist upon strict compliance with any of the terms , covenants
and/or conditions hereof shall not be deemed a waiver of such terms , covenants and/or
conditions , nor shall any waiver or relinquishment of any right or power hereunder at
5
any one time or more times be deemed a waiver or relinquishment of such right or
power at any other time or times.
16. Amendments to Agreement No changes, alterations or modifications to any of
the provisions hereof shall be effective unless contained in a written agreement signed
by both parties.
17. Entire Agreement. This Agreement shall constitute the entire agreement
between the parties hereto and shall supersede all prior contracts, agreements,
proposals, representations, negotiations and letters of intent, whether written or oral,
pertaining to the subject matter of this Agreement.
18. Governing law; severabilitv. The laws of the State of Colorado shall govern
the interpretation, validity, performance and enforcement of this Agreement. For the
resolution of any dispute arising hereunder, jurisdiction and venue shall be proper and
exclusive in the Courts of the County of Jefferson, State of Colorado. If any provision of
this Agreement shall be held to be invalid or unenforceable, the validity and
enforceability of the remaining provisions of this Agreement shall not be affected
thereby.
19. Paragraph headings. Paragraph headings are inserted for convenience only
and in no way limit or define the interpretation to be placed upon this Agreement.
20. Binding agreement. This Agreement shall be binding upon and for the benefit
of the parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
ATTEST:
By: __________ ---,-__
Janelle Shaver, City Clerk
CITY OF WHEAT RIDGE, COLORADO,
a Colorado municipal corporation
By: __________ _
Daniel Brennan, Chief of Police
APPROVED AS TO FORM:
By: ___________ _
Gerald Dahl, City Attorney
6
ATIEST:
By : ________ _
Margy Greer, City Clerk
CITY OF LAKEWOOD, COLORADO,
a Colorado municipal corporation
By : ___________ _
Kevin Paletta , Chief of Police
APPROVED AS TO FORM :
7
Exhibit 1 -Call Out Policy
Call Out Policy
1. Homicides and attempted homicides
2. Questionable (suspicious) and accidental deaths
3 . Suicides
4. Felony Sex Assaults
5. First & Second degree assaults on police or fire personnel
6. Assaults with potentially life threatening injuries to any person
7 . Fire investigations involving human death or potentially life threatening injuries;
or at the request of fire investigators for technical assistance
8 . Felony child abuse
9 . First or Second degree kidnapping
10 . Police involved shootings
11. Other types of incidents when the sensitivity of the investigation or a forensic
complexity precludes the normal processing option, at the discretion of the
supervisor
8
Addendum: Current wages of employees (1/1/11):
Erin O 'Neil $25.87/hr $38 .80/hr OT
Sheri Shimamoto $27 .83/hr $41 .75/hr OT
Ken Pomeranz $31.94/hr $47.91/hr OT
Victoria Parker $28 .19/hr $42 .28/hr OT
Patrick Bohan (supv .) $45.41/hr $68 .12/hr OT
Dawn Fink $30 .11/hr $45 .16/hr OT
9
CAF -JAG Grant
January 9 , 2 01 2
Page 2
Crime victim and witness programs (other than compensation)
The department cannot use the grant funding to replace or supplant nonfederal funds , which have
been appropriated for the same purpose. JAG funds cannot be used directly or indirectly for
security enhancements or equipment. There are other prorubited uses as well.
BACKGROUND:
The Police Department has identified two projects that meet the aforementioned criteria. The
physical and emotional wellness of sworn police officers is a national concern. The department,
working with Human Resources , has identified the development of a physical assessment test
that improves, maintains and tests the physical fitness and wellness of the department's police
officers as a priority. To complete tills project, the department proposes hiring a consultant to
review and update the job task analysis of the police officer position, as well as develop and
validate a physical assessment test. Tills test can be used to test new police recruits to ensure
they possess the physical attributes to perform the job of police officer, as well as police officers
who return from lengthy absences due to physical injury. The second phase of this project will
be the development of an annual physical wellness test.
The remaining funding will be used to support the existing East Wheat Ridge Community
Policing Program, which has proven extremely successful to the citizens residing in these
neighborhoods. Previous/current JAG grants have been utili zed to fund tills project.
RECOMMENDATIONS:
Staff recommends approval of the supplemental budget appropriations .
RECOMMENDED MOTION:
"I move to approve Resolution No. 04-2012 -A resolution amending the Fiscal Year 2012
General Fund Budget to reflect the approval of a supplemental budget appropriation for the 2011
Edward Byrne Justice Assistance Grant in the amount of$19,022.
Or,
"I move to postpone indefinitely Resolution No . 04-2012 , A resolution amending the Fiscal
Year 2012 General Fund Budget to reflect the approval of a supplemental budget appropriation
for the 2011 Edward Byrne Justice Assistance Grant in the amount of$19,022 for the following
reason( s) "
REPORT PREPARED AND REVIEWED BY:
Daniel Brennan, Chief of Police
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution 04-2012
2 . StaffReport, August 8, 2011
3 . Example of Phys ical Assessment Test
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION No. 04
Series of 2012
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2012 GENERAL
FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION FOR THE 2011
EDWARD BYRNE JUSTICE ASSISTANCE GRANT IN THE AMOUNT
OF $19,022
WHEREAS, the City of Wheat Ridge, shall serve as Point of Contact and
Grant Administrator for the Justice Assistance Grant Program, hereafter referred to
as JAG, from the U.S. Department of Justice for the amount of Nineteen Thousand
Twenty-two Dollars ($19,022.00); and,
WHEREAS, JAG funds are specifically designated for state and local
initiatives, technical assistance, training, personnel, equipment, supplies, contractual
support, information systems for criminal justice, and criminal justice related research
and evaluation activities that improve or enhance:
Law enforcement programs
Prosecution and court programs
Prevention and education programs
Corrections and community corrections programs
Drug treatment and enforcement programs
Planning, evaluation, and technology improvement programs
Crime victim and witness programs (other than compensation)
WHEREAS, purchasing and accounting methods will be in accordance with
the subgrantee governing jurisdiction's established policies and ordinances that
governs the requisition and purchase of equipment and supplies.
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
A. The City Council authorizes the acceptance of the 2011 Edward Byrne Justice
Assistance Grant in the amount of $19,022 and the amendment of the General
Fund revenues appropriately.
B. The City Council authorizes the transfer of $19,022 from the General Fund
undesignated reserves to account number #01-202-700-750 and amending
the 2012 fiscal year budget accordingly.
Attachment 1
DONE AND RESOLVED THIS __ day of -----=20:...:1:.:2.
Jerry DiTullio , Mayor
ATTEST:
Janelle Shaver, City Clerk
~ ~. ~
.... ~ r City of • --~Wheat&_dge ~OLICE DEPARTMENT
Memorandum
TO: Mayor DiTullio and City Council
THROUGH: Patrick Goff, City Manager
FROM: Daniel Brennan, ChiefofPolice
DATE: August 4 , 2011
SUBJECT: 2011 Edward Byrne Memorial JAG Grant
The Wheat Ridge Police Department received notification that we are eligible for $19 ,022 in
grant funding from the Edward Byrne Memorial Justice Assistance Grant (JAG) Program . JAG
funds can be used for state and local initiatives , technical assistance, training , personnel ,
equipment, supplies , contractual support, information systems for criminal justice, and criminal
justice-related research and evaluation activities that will improve or enhance:
0 Law enforcement programs.
0 Prosecution and court programs.
0 Prevention and education programs.
0 Corrections and community corrections programs.
0 Drug treatment and enforcement programs.
0 Planning, evaluation , and technology improvement programs.
0 Crime victim and witness programs (other than compensation).
Federal funding cannot be used to replace or supplant nonfederal funds , which have been
appropriated for the same purpose . JAG funds cannot be used directly or indirectly for security
enhancements or equipment. There are other prohibited uses as well.
The Wheat Ridge Police Department is exploring using the 2011 JAG Grant to hire a consultant
to assist the department in the development of a program to improve, maintain and test the
physical fitness and wellness of the department's police officers . The first phase of this process
would consist of hiring a consultant to work with the department in the development of a
Physical Ability Test for new hire sworn employees. This test would be developed from content-
oriented strategies that measure the basic physical skills necessary for successful performance on
the job. This test would be administered to all sworn new hires. The second phase would be the
development of a wellness program for Police Department employees that would tie into the
aforementioned test. A physical assessment test would be administered annually to all sworn
employees that would test individual fitness levels .
The department proposes using the 2011 Edward Byrne Justice Assistance Grant to fund the
costs to hire a consultant to develop the content of this program to comply with ADA and the
Civil Rights Act of 1991. We are awaiting final approval from the grant program manager
regarding this use.
In addition, the department will use any remaining funds to pay personnel and operational costs
associated with the East Wheat Ridge Community Policing Project.
DB /mls Attachment 2
Physical Ability Testing I Stanard and Associates, Inc. Page 2 of3
Content-Valid Simulations Specific to Your Agency
Since the advent of ADA legislation and the Civil Rights Act of 1991 , Stanard & Associates has been a
leader in the area of content valid physical ability testing for public safety agencies. Our physical ability
tests are developed to simulate the essential physical functions associated with the job and employ a
single cutoff score. Our testing approach, as originally developed in conjunction with the Denver,
Colorado fire and police departments, has been replicated in New York City and numerous other
agencies large and small. Content valid physical ability exams are met with positive candidate reactions
-instead of being asked to do sit-ups or chin-ups, as is the case with fitness-based testing models,
candidates are evaluated on their ability to perform actual job tasks, like engaging in a foot pursuit or
dragging a charged line on a fire ground. Importantly, none of the components that candidates are asked
to perform require previous job experience. With each project, we develop a practical candidate study
guide that provides in-depth information about the test events candidates are expected to perform. We
also provide all pertinent technical documentation so you can continue to administer the process the
same way each time in all future administrations.
Attachment 3
http://www. stanard. com/public-safety/physical-ability-testing 12 /20/2011
Council Action Form
January 9 , 2012
Page 2
RECOMMENDED MOTION:
"I move to approve Resolution No. 05-2012, a resolution designating the official public notice
location and the official newspaper of general circulation for the City of Wheat Ridge, Colorado.
Or,
"I move to postpone indefinitely Resolution No. 05-2012 , a resolution designating the official
public notice location and the official newspaper of general circulation or the following reason(s)
"
REPORT PREPARED/REVIEWED BY:
Bruce Roome, Deputy City Clerk
ATTACHMENTS:
1. Resolution No. 05-2012
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 05
Series of 2012
TITLE: A RESOLUTION DESIGNATING THE OFFICIAL PUBLIC NOTICE
LOCATION AND THE OFFICIAL NEWSPAPER OF GENERAL
CIRCULATION FOR THE CITY OF WHEAT RIDGE, COLORADO
WHEREAS, the Colorado Revised Statutes require municipalities to
designate official public notice and publication locations for legal notices; and
WHEREAS, such locations must be approved by the governing body of
the municipality annually; and
WHEREAS, the City is required by Charter, Ordinance and State Law to
publish certain notices.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City
Council, that:
Section 1. Public notice of public meetings of the City Council, Planning
Commission, Board of Adjustment, and all other Board, Commission, Committee,
and advisory board meetings for which public notice is required, shall be posted
on the first floor at the Municipal Building, 7500 West 29th Avenue, Wheat Ridge,
Colorado, which location shall be deemed the official posting location for the City.
Section 2. Except as otherwise permitted by Sections 5.2 and 5.12 of the
Charter, notices and other information required to be published in a newspaper of
general circulation within the City, shall be made in the Wheat Ridge Transcript;
except that, where circumstance makes publication ineffective or otherwise
undesirable, the City may publish official notice on the City's website.
Section 3. This resolution shall be effective upon adoption.
DONE AND RESOLVED this gth day of January 2012 .
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
Council Action Form
January 9 , 2011
Page2
BACKGROUND:
The Presiding Judge identified a need to more effectively and safely screen various items such as
briefcases, purses, and backpacks prior to entry into the courtroom . The purchase of a portable
security scanner was identified and budgeted as a 2010 expenditure item in the Municipal Court
Fund. However, further research was needed and this item was not purchased in 2010. The
funds were not encumbered within the Municipal Court Fund moving forward into 2011. A
request for bids was conducted in November, 2011. The Court Staff reviewed proposals
submitted , conducted reference checks, and completed a site visit to the Denver Justice Center to
view a portable security scanner while in operation . The bid proposal from the lowest bidder,
Astrophysics, Inc., was selected. The proposal includes a three-year warranty. The funds are
currently within the undesignated reserves of the Municipal Court Fund.
RECOMMENDATIONS:
The staff recommendation is for City Council to approve the supplemental budget appropriation
in the amount of $20,300 for the purchase of the portable security scanner.
RECOMMENDED MOTION:
"I move to approve Resolution No. 06-2012, a resolution amending the Fiscal Year 2012
Municipal Court Fund Budget to reflect the approval of a supplemental budget appropriation in
the amount of $20,300 for the purchase of a portable security scanner."
Or,
"I move to postpone indefinitely Resolution No. 06-2012 , a resolution amending the Fiscal Year
2012 Municipal Court Fund Budget to reflect the approval of a supplemental budget
appropriation in the amount of $20,300 for the purchase of a portable security scanner for the
following reason(s) "
REPORT PREPARED/REVIEWED BY:
Kersten Armstrong, Court Administrator
Christopher D. Randall , Presiding Judge/Department Director
ATTACHMENTS:
1. Resolution No. 06-2012
2 . Bid Proposal Summary
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 06
Series of 2012
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2012
MUNICIPAL COURT FUND BUDGET TO REFLECT THE
APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION
IN THE AMOUNT OF $20,300.00 FOR THE PURCHASE OF A
PORTABLE SECURITY SCANNER
WHEREAS, the City Council recognizes the importance of security in the
operations of the Municipal Court, and
WHEREAS, the use of a portable security scanner was identified by the Court as
an effective security screening, and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City Council authorizes the transfer of $20,300.00 from the
undesignated reserves of the Municipal Court Fund to account number
33-109-800-809 and amending the 2012 fiscal year budget accordingly.
DONE AND RESOLVED this __ day of ______ , 2012
Jerry DiTullio , Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
...... 4 .
JP'~~~t:~e
PROJECT: RFB-11-10fJORTABLE SECURITY SCANNER
DUE DATE/TIME: WEDNESDAY, NOVEMBER 16, 2011 BY 2 P.M. LOCAL TIME
VENDOR Astrophysics, Inc.
LOCATION City of Industry, CA
BIDDER INFORMATION FORM YES
ACKNOWLEDGE ADDENDA YES
ACCEPTS VISA NO
PRODUCT SPECIFICATIONS YES
DETAIL OF WARRANTY YES
REFERENCES YES
DETAIL OF TRAINING AND SERVICE YES
PRICING: Description Cost
ORTABLE SECURITY SCANNER, BASE UNIT: Base Unit $19,500.00
LIST OPTIONS AND ASSOCIATED COSTS: .S (hall) Meter Exit Roller Table $ 400.00
.5 (half) Meter Entry Roller Table $ 400.00
TOTAL BASE-UNIT COST: $19,500.00
TOTAL COST W/OPTIONS: $ 20,300.00 $
REQUESTED BY: KERSTEN ARMSTRONG
OPENED BY: DENISE WOOD, PURCHASING TECHNICIAN
WITNESSED BY: BRUCE ROOME, DEPUTY CITY CLERK
Autoclear Coated Screening Rapiscan Systems
Mohave Valley, AZ Torrance, CA
YES YES
YES YES
YES NO
YES YES
YES YES
YES YES
YES YES
Description Cost Description Cost
Base Un it $21,000.00 Base Unit $ 18,122 .80
3rd Year Warranty $ 5,000.00 Yr 3 Service Plan $ 3,296.00
Yr 4 Service Plan s 3,394.88
Yr 5 Service Plan s 3,496 .73
$21,000.00 s 18,122 .80
26,000.00 $ 28,310.41
Page 1 of2
Attachment 2
'
PROJECT: RFB-11 -10 PORTABLE SECURITY SCANNER
DUE DATE/TIME: WEDNESDAY, NOVEMBER 16, 2011 BY 2 P.M. LOCAL TIME
VENDOR United Proceurement LP
LOCATION Oak Leaf, TX
'-~~ -· ~ .. -·
BIDDER INFORMATION FORM YES
ACKNOWLEDGE ADDENDA NO
ACCEPTS VISA YES
PRODUCT SPECIFICATIONS YES
DETAIL OF WARRANTY YES
REFERENCES NO
DETAIL OF TRAINING AND SERVICE NO
PRICING: Description Cost
ORT AB LE SEC URITY SCANNER , BASE UN IT: Base Unit $23,076.00
LI ST OPTIONS AND ASSOCIATED COSTS : 3rd Year Warranty $ 4,800.00
TOTAL BASE-UNIT COST: $23,076.00
TOTAL COST W/OPTIONS: $ 27 ,876.00 $
Pag e 2 af 2
' ..
Description
. '
REQUESTED BY: KERSTEN ARMSTRONG
OPENED BY: DENISE WOOD, PURCHASING TECHNICIAN
WITNESSED BY: BRUCE ROOME, DEPUTY CITY CLERK
. . . ....... ..
Cost Description Cost
-$ -
Council Action Form
January 9 , 201 2
Page 2
BACKGROUND:
The Presiding Judge receives numerous requests from defendants for waiver of fees , extension of
time to pay fines and fees imposed , court-appointed attorneys , or leniency based on financial
status . The Presiding Judge determined that it would be beneficial to have access to the State of
Colorado unemployment benefit database and have the ability to verify the information provided
in the affidavit forms completed by defendants at the time the request is submitted to the Court .
A moratorium limiting any further entities from being granted access to the database was in
place when the Court Staff initially contacted the Colorado Department of Labor. The Court
Staff continued to contact the Department of Labor and Employment periodically. In late 2011 ,
the Municipal Court Staff began working with the Colorado Department of Labor and
Employment Staff on establishing the ability for the Municipal Court to be able to access their
database.
RECOMMENDATIONS:
Staff recommends approving the IGA between the State of Colorado and the City ofWheat
Ridge to provide the City with access to the State unemployment benefit database for municipal
court purposes .
RECOMMENDED MOTION:
"I move to approve Resolution No. 07-2012 , a resolution approving an Intergovernmental
Agreement between the City of Wheat Ridge and the State of Colorado to provide the City with
access to the state unemployment benefit database for municipal court purposes ."
Or,
"I move to postpone indefinitely Resolution No . 07-2012 , a resolution approving an
Intergovernmental Agreement between the City of Wheat Ridge and State of Colorado to
provide the City with access to the state unemployment benefit database for municipal court
purposes for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Kersten Armstrong, Court Administrator
Christopher D. Randall , Presiding Judge/Department Director
ATTACHMENTS:
1. Resolution No. 07-2012
2. Intergovernmental Data-Access Contract
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 07
Series of 2011
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND
THE STATE OF COLORADO TO PROVIDE THE CITY WITH
ACCESS TO THE STATE UNEMPLOYMENT BENEFIT
DATABASE FOR MUNICIPAL COURT PURPOSES
WHEREAS, pursuant to C.R.S. § 29-1-203 , the City of Wheat Ridge ("City'') and
the State of Colorado ("State") 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 State is authorized to provide, administer and track
unemployment benefits; and
WHEREAS, the City is authorized to establish and operate the Wheat Ridge
Municipal Court (the "Court"); and
WHEREAS, defendants appearing before the Court regularly request payment
plans for fines assessed, leniency or forgiveness for monetary penalties, court-provided
financial assistance for legal counsel or treatment or rehabilitative programs, on the
basis of financial hardship such as unemployment; and
WHEREAS, Court staff has indicated that it would be helpful to judges evaluating
such requests to have some method by which to verify claims of unemployment or the
amounts of unemployment benefits reportedly received; and
WHEREAS, the State maintains a database of its unemployment benefit program
and is willing to provide the City with access to such database for limited municipal court
purposes; and
WHEREAS, the State and the City have set forth their mutual understanding and
agreement concerning access to the State unemployment database in the
intergovernmental agreement attached to this Resolution; and
WHEREAS, in accordance with Section 14.2 of the City's Home Rule Charter,
the City Council wishes to approve said intergovernmental agreement by resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council,
that:
The Intergovernmental Data-Access Contract by and between the City of Wheat
Ridge and the State of Colorado, acting by and through its Department of Labor and
Employment, concerning access by the City to the State unemployment benefit system
database for municipal court purposes, attached to this Resolution and incorporated
Attachment 1
herein by reference, is hereby approved . The Mayor and City Clerk are authorized to
execute the same.
DONE AND RESOLVED this __ day of _____ , 2012.
Jerry DiTullio, Mayor
ATIEST:
Janelle Shaver, City Clerk
2
RECITALS:
This INTERGOVERNMENTAL DATA-ACCESS CONTRACT
is made by and between:
CITY OF WHEAT RIDGE
acting by and through the,
Wheat Ridge Municipal Court,
7500 W. 29th Avenue
Wheat Ridge, CO 80033
(Participating Agency)
and
THE STATE OF COLORADO,
acting by and through the,
DEPARTMENT OF LABOR AND EMPLOYMENT.
acting by and through the,
Unemployment Insurance Program
633 17th Street,
Denver CO 80202-3660
(Provider)
12-3 7064
A. Provider is an executive department of the State of Colorado and Participating Agency is a political
subdivision of the State of Colorado ;
B . Provider and Participating Agency are committed to strengthening the coordination of services delivered to
Colorado residents ;
C . Participating Agency desires access to data owned by Provider, and Provider is able and authorized to
provide such data to the Participating Agency ;
D . If any funds are received by Provider pursuant to this Intergovernmental Data-Access Contract , such
funds shall be attributed to Fund Code 100, Organizational Unit Code 1353, Appropriation Code 101,
Revenue Source Code 5200, Subrevenue Source Code 77, Function Code 1000, and Grant Budget
Line Code 5092;
E. Participating Agency warrants that the confidential data received pursuant to this Data-Access Contract shall
be used only by public employees in the performance of their public duties ; and
F. All required approvals , clearances , and coordination have been accomp li shed from and with all appropriate
agencies.
NOW THEREFORE , the parties hereto agree as follows :
A. EFFECTIVE DATE and TERM .
The effective date of th is Data-Access Contract is February 1, 2012, or on the date the State Controller
signs this Contract , whichever is later. The term of this Data-Access Contract shall commence on the
effective date, and end on January 31, 2017, unless previously terminated by one of the parties
pursuant to the terms of this Intergovernmental Data-Access Contract.
B. SCOPE OF ACCESS TO, AND ANTICIPATED USE OF, PROVIDER'S INFORMATION SYSTEMS .
In accordance with§ 8-72-107 of the Colorado Revised Statutes (C.R.S.), as amended , the employees
of Participating Agency are public employees performing their public duties ;
Page I of 9 Pages
12-37064
Participating Agency desires access and use of Provider information within the following Provider
information systems
XX Colorado Unemployment Benefit System (CUBS) (inquiry only)
__ Colorado Automated Tax System (CATS) (inquiry only)
Participating Agency desires this access to , and use of, Provider's information systems for the purpose
of: verifying employment and financial condition for defendants requesting time extensions for
paying a fine, requesting court-appointed assistance and/or leniency based upon unemployment
or financial hardship.
Participating Agency expressly acknowledges that it is solely responsible for any breach of the C .R.S . by
Part icipating Agency , its employees , agents , or licensees . (See C.R.S . § 8-72-107 , as amended).
C. DUTIES AND OBLIGATIONS CONCERNING ACCESS TO, AND USE OF. PROVIDER INFORMATION
SYSTEMS .
1. Duties and Obligations of Participating Agency . Participating Agency shall :
a. Comply in all respects with C .R.S . § 8-72-107, as amended . Specifically , Participating Agency shall
not release any Provider informat ion to any other person or entity other than the individual wage
earner, benefit recipient , or employing unit. C.R.S . § 8-72-107 , as amended , reads , in part:
... Information thus obtained , or obtained from any individual pursuant to the
administration of§ § 70 to 82 of this title , except to the extent necessary for the
proper presentation of a claim , or withholding tax account numbers if such
numbers are obtained from the department of revenue pursuant to§ 39-21-113 ,
C.R.S ., shall be held confidential and shall not be published or be open to public
inspection (other than to public employees in the performance of their public
duties , to an agent of a state or local child support enforcement agency pursuant
to § 8-72-1 09 (9), or to an agent of the division designated as such in writing for
the purpose of accomplishing certa in of the division's functions) in any manner
revealing the individual 's or employing unit's identity . . . Any employee or
member of the division or any referee who violates any provision of this section
is guilty of a misdemeanor and , upon conviction thereof, shall be punished by a
fine of not less than twenty dollars nor more than two hundred dollars , or by
imprisonment in the county jail for not more than ninety days , or by both such
fine and imprisonment. ...
b. Only release Provider information to the individual wage earner, benefit recip ient, or employing
unit if it is prepared and presented by Participating Agency on its own letterhead or affidavit.
Specifically , Participating Agency shall not release information via screen prints of Provider
information from the database. A copy of wage statements or other wage information obtained
from the computer database ma intained by the Provider shall be admissible into evidence for
the purposes of determining income for child-support-enforcement cases as per the Uniform
Dissolution of Marriage Act ,§ 14-10-115, C.R.S ., as amended .
c . Only use and access Provider information as authorized in § B., above . Only those employees of
Participating Agency who are directly responsible for the use specified in § B. above shall have
access to , or use of, Provider informat ion . Prior to allowing any employee of Participating Agency
to access or use any Provider information or participate in any activity , Participating Agency shall
require any such employee to review and agree to the usage and access terms outlined by the
Provider and provided to Participating Agency by Provider. For each user, Part icipating Agency
shall request from the Provider's Security Coordinator an application and any required forms for
completion prior to use and access of Provider information or participation in any related act ivity .
Participating Agency shall submit completed forms for each user to the Provider's Contract
Page 2 of 9 Pages
12-3 7064
Coordinator or designee for review . The acceptance or denial of the request for access is solely
determined at the discretion of Provider.
d. Take all necessary precautions, including , but not limited to : safeguarding the storage of Provider
information , restricting which employees are given access to Provider information , and protecting
Provider information from unauthorized access , usage , or release .
e. Permit employees or authorized agents of Provider to make on-site inspections , during normal
business hours , to ensure that Participating Agency is in compliance with the requirements of the
Colorado Revised Statutes and any applicable State and federal statutes or regulations .
f . Designate a Security Coordinator responsible for all tasks related to requesting , removing , or
changing access of Participating Agency's users . A change in the identified Security Coordinator or
other contact information , including the Executive Director, shall be sent to Provider in writing no
later than twenty-five (25) business days from the effective date of such change .
The Security Coordinator information for both Parties is :
Provider:
Cheryl Ames (or designee),
Security Coordinator
Colorado Dept. of Labor and Employment
Information Technology Management
633 17th Street , Suite 800
Denver, CO 80202
(303) 318-8310
Participating Agency:
Kersten Armstrong ,
Municipal Court Administrator
City of Wheat Ridge
7500 W. 291h Avenue
Wheat Ridge , CO 80033
(303) 235-2836
g. Comply with all security and access procedures established by Provider. Participating Agency shall
submit to Provider's Contract Coordinator or designee the names of all employees for whom
authorization to access Provider information is requested .
h. Notify Providers ' Contract Coordinator within five (5) calendar days when a user's access to
Provider information is no longer required because of a change of employer or job duties to
preclude continued , unauthorized access .
i. Expressly agree that Provider shall not be liable to Participating Agency for damages , in
whatever form or however characterized or claimed , from inadequacies with , or in , State
information.
j . Make payments as described :
(1 .) Initiation Fee (Setup Fee). Participating Entity shall pay an initiation fee of Eight Hundred
and Five Dollars ($805.00) for each data access contract executed . This fee applies to each
subsequent data access contract executed ;
(2 .) Renewal Fee. In addition to the initiation fee for every data access contract executed , the
Participating Entity shall pay an annual renewal fee of Six Hundred Dollars ($600.00) on
February 1 of each year this Contract is in effect ;
(3 .) User Fee. Participating Entity shall pay a one-time user fee of Five Dollars ($5.00) for each
user identification number assigned to Participating Entity , at Participating Entity 's request , at
the initiation of this Contract for the systems-information access identified in § 8 above . Fees
paid for each specific user identification shall be considered a "lifetime" fee that will apply
throughout the continuous data-access-contracting relationship of the parties identified in this
contract , so long as the specific user identification is used continuously and without interruption ;
Pa ge 3 of9 Pa ges
12-3 7064
(4 .) User Fee. Participating Entity shall pay a one-time user fee of Ten Dollars ($10.00) for each
additional user identification number assigned to Participating Entity , at Participating Ent ity's
request , after the effective date of this Contract for the systems-information access identified in
§ B. above. Fees paid for each specific user identification shall be considered a "lifetime" fee
that will apply throughout the continuous data-access-contracting relationship of the parties
identified in this contract , so long as the specific user identification is used continuously and
without interruption ; and ,
(5 .) Usage Fees. Participating Entity shall be billed periodically for all other costs incurred for
which Provider has submitted an invoice.
(6 .) Billing Inquiries. The contact information for payments and billing inquiries for both Parties
shall be :
COLE:
Colorado Dept. of Labor and Employment
Attn : Cash Management
633 17th Street , Suite 11 00
Denver, CO 80232-3631
(303) 318-8111
2. Duties and Obligations of Provider . Provider shall :
Participating Agency:
Kersten Armstrong
Municipal Court Administrator
City of Wheat Ridge
7500 W. 291h Avenue
Wheat Ridge , CO 80033
(303) 235-2836
a . Allow access to Provider information as indicated in§ B. above by providing , where appropriate ,
access to information through a computer data link ; access shall be available from 8 :00a.m. to 5:00
p.m. Mounta in Standard Time, Monday through Friday , (except for legal State holidays) barring
mach ine or power failure , or overload of the terminal network.
b. Provide information to Participating Agency , contingent upon the availabi lity of the requested
information within the State's computer system . Provider shall not be liable to Participating Agency
for damages , in whatever form or however characterized or claimed , from inadequacies with , or in ,
State information .
c . Provide training to Participating Agency , as necessary , with regard to the policies and operat ing
procedures related to accessing and using the Provider information systems designated in § B.
above.
d. Invoice Participati ng Agency on a monthly basis for "Provider's costs". "Provider's costs"
include , but are not limited to : billings from the Colorado Information Technology Services
(CITS), which relate to the services being provided to Participating Agency by Provider; costs
for special programming , if any ; Central Processing Unit (CPU) dial up costs ; and , any and all
other transactions or equipment costs which may be , or have been , provided to Participating
Agency by Provider.
D. ADDITIONAL PROVISIONS
1. Legal Authority . The parties warrant that each possesses actual , legal authority to enter into this Data-
Access Contract. The person or persons signing this Data-Access Contract , or any attachments or
amendments hereto , also warrant that such person or persons have actual legal authority to execute
this Data-Access Contract , or any attachments or amendments hereto.
2. Relationship of Parties. The Participating Agency shall perform its duties hereunder as an
independent contractor and not as an employee of the State . Neither the Participating Agency nor
Page 4 of 9 Pages
12-37064
any employee or agent of the Participating Agency shall be , or shall be deemed to be an employee
or agent of the State . The Participating Agency shall pay when due all required employment taxes
and income tax and local head tax on any monies paid pursuant to this Contract. The Participating
Agency acknowledges that the Participating Agency and its employees are not entitled to
unemployment insurance benefits unless the Participating Agency or third party provides such
coverage and that the State does not pay for or otherwise provide such coverage. The Participating
Agency shall have no authorization, either expressed or implied , to bind the State to any
Agreements , liability , or understanding except as expressly set forth herein. The Participating
Agency shall provide and keep in force Workers ' Compensation insurance coverage (and show
proof of such insurance coverage) and unemployment compensation insurance in the amounts
required by law , and shall be solely responsible for the acts of the Participating Agency , its
employees and agents .
3. Assignment. The rights , duties , and obligations of Participating Agency under this Data-Access
Contract may not be assigned , delegated , or otherwise transferred without the prior express , written
consent of Provider.
4. Performance Monitoring .
a. Participating Agency shall permit Provider , the United States Department of Labor, or any other duly
authorized governmental agent or agency , to monitor all activities conducted by Participating
Agency pursuant to the terms of this Data-Access Contract. Such monitoring may consist of
internal evaluation procedures, examination of program data , special analyses , on-site checking ,
formal audit examinations , or any other reasonable procedures. All such monitoring shall be
performed in a manner that shall not unduly interfere with the performance of the duties or
obligations of Participating Agency under this Data-Access Contract.
b. Participating Agency authorizes Provider to perform audits or inspections of the records of
Participating Agency at any reasonable time during the term of this Data-Access Contract and for a
period of five (5) years following the termination of this Data-Access Contract.
5. Ownership of Materials and Information . Participating Agency agrees that all materials , information ,
data , computer software , documents , studies , and/or written evaluations produced by either Provider or
Participating Agency in the performance of this Data-Access Contract are the sole property of Provider.
6. Notice of Pending Litigation. Unless otherwise provided for , Participating Agency shall : notify
Provider in writing , within five (5) working days after being served with a summons , complaint , or other
pleading in a case which has been filed in any federal or state court or administrative agency , and which
summons , complaint , or other pleading involves services provided under this Data-Access Contract ;
and , shall del iver copies of any such document or documents to Provider.
7. Waiver . The waiver of any breach of any term or provision of this Data-Access Contract shall not be
construed as a waiver of a breach of any other term or provision of this Data-Access Contract or , a
waiver of a subsequent breach of the same term or provision of this Data-Access Contract.
8. Termination for Cause . If Provider concludes , in its sole discretion , that Participating Agency : (a) has
breached any term of this Data-Access Contract ; (b) performed its duties and obligations hereunder in
an unsatisfactory , incorrect, or improper manner; or, (c) engaged in improper or illegal activities ; then
Provider may terminate this Data-Access Contract immediately without the notice otherwise required
under this Data-Access Contract and , without any compensation to Participating Agency for termination
costs .
9. Termination for Convenience . Each party has the right to terminate this Data-Access Contract. To
terminate this Data-Access Contract , the terminating party must mail , by United States mail , Certified
Mail , return receipt requested , a Notice of Intent to Terminate Data-Access Contract to the other party .
The Notice of Intent to Terminate Data-Access Contract must be mailed no less than thirty-three (33)
calendar days before the effective date of the termination of this Data-Access Contract. This Data-
Page 5 o f 9 Pages
12-3 7064
Access Contract shall terminate upon the expiration of a thirty (30)-day-notice period . The liability of the
parties hereunder for further performance of the terms of this Data-Access Contract shall cease upon
the expiration of the thirty (30)-day-notice period . However, the parties are not released from any duty
or obligation under this Data-Access Contract until the thirty (30)-day-notice period has expired .
10. Severability . To the extent that this Data-Access Contract may be fully executed , and/or performance
of the duties and obligations of the parties hereunder may be accomplished within the intent of this
Data-Access Contract , the terms of this Data-Access Contract are severable . If any term or provision
hereof is declared invalid by a court of competent jurisdiction or, otherwise becomes inoperative for any
reason , then such invalidity or failure shall not affect the validity of any other term or provision of this
Data-Access Contract.
11. Notice Procedure. All notices required , or permitted , to be given under this Data-Access Contract shall
be in writing . All such written notices shall be deemed given when either personally served on a party or
three (3) days after deposit in the United States Mail, Certified Mail, return receipt requested . All written
notices shall be addressed to the following parties, or to such other addressee or addressees as
designated by a written notice complying with the foregoing requirements :
PARTICIPATING AGENCY:
Kersten Armstrong ,
Court Administrator
City of Wheat Ridge
Wheat Ridge Municipal Court,
7500 W. 29th Avenue
Wheat Ridge, CO 80033
(303) 235-2836
PROVIDER:
Procurement and Contracts Office
Lisa Eze
Purchasing Director
Department of Labor and Employment
633 17'h Street , Suite 11 00
Denver, CO 80202-3660
(303) 318-8054
With copies to:
Security Coordinator
Cheryl Ames
Department of Labor and Employment
Information Technology Management Office
633 17th Street , Suite 800
Denver, CO 80202-3660
(303-318-831 0)
Contract Coordinator
Laura Pak
Department of Labor and Employment
Unemployment Insurance Policy
251 East 12th Avenue
Denver, CO 80203
303-318-9298
Page 6 of 9 Pa ges
12-37064
12. Indemnification . To the extent authorized by law , Participating Agency shall indemnify , save , and
otherwise hold Provider, and its employees and agents , harmless against any and all claims , damages ,
liabilities , or court awards , including costs , expenses , and attorneys' fees and related costs incurred by
Provider as a result of any act or omission of Participating Agency , its employees , agents , or licensees
pursuant to the terms of this Data Access Contract.
13. Disputes Arising From or as a Result of this Contract. Participating Agency recognizes that it
alone is responsible for the use of information provided to it pursuant to the terms of this Data-
Access Contract. Participating Agency also recognizes that the information provided to it pursuant
to the terms of this Data-Access Contract is confidential pursuant to the provisions of§ 8-72-107 ,
C.R.S ., as amended . Therefore , in the event that a dispute arises as a result of any act by , or
omission of, Participating Agency , or its employees , agents , or subcontractors , pursuant to the
terms of this Data-Access Contract , Participating Agency shall be solely responsible for any and all
claims , damages , liabilities , or court awards , including costs , expenses , and attorneys' fees , and
shall hold the State of Colorado , and specifically the Colorado Department of Labor and
Employment , its employees and agents , harmless for the same and will reimburse the Colorado
Department of Labor and Employment for any and all costs , fees , and/or expenses incurred .
14. Compliance with Applicable laws. Participating Agency shall , at all times during the performance of
its duties and obligations under this Data-Access Contract , strictly adhere to the following applicable
laws and regulations : Title VI of the Civil Rights Act of 1964 , as amended ; § 504 of the Rehabilitation
Act of 1973, as amended ; the Education Amendment of 1972 , as amended ; the Age Discrimination Act
of 1975 , as amended ; the Colorado Anti-discrimination Act of 1957, as amended ; any other applicable
laws respecting discrimination and unfair employment practices ; and , an Executive Order dated April16 ,
1975 , entitled "Equal Opportunity and Affirmative Action".
15. Acknowledgment of Applicable Criminal Law . The signatories hereto aver that they are familiar with
§ 18-8-301 , et seq ., (Bribery and Corrupt Influences), and§ 18-8-401 , et seq ., (Abuse of Public Office),
C.R.S ., as amended , and that no violation of such provisions is present.
16. No Beneficial Interest of the Parties . The signatories hereto aver that to their knowledge , no state
employee has a personal or beneficial interest whatsoever in the service(s) or property described
herein .
17. No Financial Authorization or Obligation of Provider. In no event shall Provider authorize or
make any financial payment to Participating Agency under this Data-Access Contract.
18. Modification .
By the Parties
Except as specifically provided in this Agreement , modifications of this Agreement shall not be
effective unless agreed to in writing by both parties in an amendment to this Agreement , properly
executed and approved in accordance with applicable Colorado State law , State Fiscal Rules , and
Office of the State Controller Policies , including , but not limited to , the policy entitled
MODIFICATIONS OF CONTRACTS-TOOLS AND FORMS .
By Operation of Law
This Agreement is subject to such modifications as may be required by changes in Federal or
Colorado State law, or their implementing regulations . Any such required modification automatically
shall be incorporated into and be part of this Agreement on the effective date of such change , as if
fully set forth herein .
19. Limitation of Liability. State does not guarantee the accuracy of the information provided to
Participating Agency pursuant to this Contract. State's obligation to provide information to
Participating Agency is contingent upon the availability of the requested information within the
State's computer system . Participating Agency expressly agrees that State shall not be liable for
Pa ge 7 of9 Pages
12 -3 7064
damages , in whatever form or however characterized or claimed , from inadequacies with , or in ,
State information .
20. Record keeping. Participating Agency shall maintain a complete file of all records , documents ,
communications and other material which pertain to this agreement for a period of five (5) years
from the date of final payment under this Agreement , unless Provider requests that records be
retained for a longer period .
21. Entire Understanding . This Data-Access Contract is the complete integration of all
understandings between the parties. No prior or contemporaneous addition(s), deletion(s), or other
amendment(s) hereto shall have any force or effect whatsoever , unless embodied herein in writing .
No subsequent novation(s), renewal(s), addition(s), deletion(s), or other amendment(s) hereto shall
have any force or effect whatsoever unless embodied in a written document executed and approved
pursuant to the Fiscal Rules of the State of Colorado .
22. Governmentallmmunitv . Notwithstanding any other provision of this Contract to the contrary , no
term or condition of this Contract shall be construed or interpreted as a waiver , express or implied ,
of any of the immunities , rights , benefits , protections , or other provisions of the Colorado
Governmental Immunity Act (CGIA), § 24-10-101 , et seq., C.R.S ., as now or hereafter amended .
The parties understand and agree that liability for claims for injuries to persons or property arising
out of the alleged negligence of the State of Colorado , its departments , institutions , agencies ,
boards , officials , and employees is controlled and limited by the provisions of§ 24-1 0-1 01 et
seq., C .R.S ., as now or hereafter amended .
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 8 of 9 Pages
12-37064
THE PARTIE S HERETO HAVE EXECUTED THIS CONTRACT
* Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf
and acknowledge that the State is relyi ng on thei r representations to that effect.
C O NTRACTOR
City of Wheat Ridge
By: Jerry DiTullio,
Title : Mayor
*Signature
Dat e:-----------
ATTEST:
By:
Janelle Shaver, City C lerk
Date:
A PPROVE D AS T O LEGAL FORM:
By :
City Attorney
By:
Page 9 of 9 Pa g es
ST ATE O F C OLORADO
John W. Hickenlooper, G O VE R NOR
Colorado Department of Labor and Employment
Ellen Golombek, Executive Director
By : Jeff Fitzgerald , Director
Unemployment Insurance Programs
Date:----------
C OLORADO STATE C O NTROLLE R
David J . Mc De rmott, C PA
Shawn G . Mi lne
State Controller Delegate
Da te:
Council Action Form
January 9 , 201 2
Page2
the 2012 IT Budget. This package is all-inclusive for licensing and all technical support
services. It includes software upgrades and bug fixes and patches , plus technical support to
implement these software enhancements and fixes.
The continued renewal of the annual licensing and support contract is a strategic move to
maintain and keep the CAD, RMS and LFR software up to date. This will be advantageous to
the City's Information Technology Division allowing for support and maintenance to be
proactive.
RECOMMENDATIONS:
Staff recommends approval of the annual renewal for the computer aided dispatch and records
management system.
RECOMMENDED MOTION:
"I move to approve the support and licensing renewal for the computer aided dispatch and
records management system to Logistic Systems in the amount of$81 ,755.
Or,
"I move to postpone indefinitely the renewal of the computer aided dispatch and records
management system to Logistic Systems for the following reason(s) ________ "
REPORT PREPARED AND REVIEWED BY:
Michael Steinke, IT Manager
Heather Geyer, Administrative Services Director
ATTACHMENTS:
1. Logistic Systems Invoice # 021342
LOGISTIC SYSTEMS, INC
3000 PALMER STREET
MISSOULA, MT 59808
Sold WHEAT RIDGE (CITY OF) PD
To: ATTN: MIKE STEINKE
7500 W 29TH AVE
WHEAT RIDGE, CO
80033
Ship Via.:
Ship Date: 12/15/11
Due Date.: 12/15/11
Terms .... : RECEIPT
Item I. D. /Desc. Ordered
LOGISYS FIRSTCALL CAD SYSTEM
E911 ANI/ALI INTERFACE
SPECTRACOM NETCLOCK INTERFACE
CCIC/NCIC INTERFACE
MOBILE COMPUTING INTERFACE
***************
* *
* I N V 0 I C E *
* *
***************
Document Number: 021342
Document Date: 12/15/11
Page: 1
Ship msteinke
To: @ci.wheatridge.co.us
Shipped
Cust I.D ..... : WHEATP
P.O. Number .. :
P.O. Date .... : 12/15/11
Job/Order No. :
Salesperson .. :
Unit Price Net
13676.00
1155.00
609.00
609.00
2430.00
TX
E
E
E
E
E
LOGISYS DATATRAK RECORD MANAGEMENT SYST 30135.00 E
RMS TO JUVENILE DEFENDER SYSTEM 1128.00 E
RMS TO COURT INTERFACE 887.00 E
LOGISYS FIELD REPORTING SOFTWARE 12097.00 E
NORTHSTAR CAD 3537.00 E
Continued ....
Subtotal: 66263.00
Attachment 1
LOGISTIC SYSTEMS, INC
3000 PALMER STREET
MISSOULA, MT 59808
Sold WHEAT RIDGE (CITY OF) PD
To: ATTN: MIKE STEINKE
7500 W 29TH AVE
WHEAT RIDGE, CO
80033
Ship Via.:
Ship Date: 12/15/11
Due Date.: 12/15/11
Terms .... : RECEIPT
***************
* *
* I N V 0 I C E *
*
***************
Document Number: 021342
Document Date: 12/15/11
Page: 2
Ship msteinke
To: @ci.wheatridge.co.us
Cust I.D ..... : WHEATP
P. 0. Number .. :
P.O. Date .... : 12/15/11
Job/Order No. :
Salesperson .. :
*
Item I .D. /Desc. Ordered Shipped Unit Price Net TX
LFR ACCIDENT MODULE
INTERFACE TO DYNAMIC IMAGING MUGSHOT
SOLUTION
INTERFACE UTILITY FOR PD MAGIC
NORTHSTAR ADVANCED
LOGISYS CADTRAK SOFTWARE
MODIFICATIONS TO THE CASE MANAGEMENT
MODULE
2012 LICENSE AND MAINTENANCE FEES
3.50% CPI ADJ
Subtotal:
1608.00 E
352.00 E
702.00 E
4917.00 E
2890.00 E
3673.00 E
0.00 E
Continued ....
80405.00
LOGISTIC SYSTEMS, INC
3000 PALMER STREET
MISSOULA, MT 59808
Sold WHEAT RIDGE (CITY OF) PD
To: ATTN: MIKE STEINKE
7500 W 29TH AVE
WHEAT RIDGE, CO
80033
Ship Via.:
Ship Date: 12/15/11
Due Date.: 12/15/11
Terms .... : RECEIPT
Item I .D. /Desc. Ordered
***************
* *
* INVOICE*
*
***************
Document Number: 021342
Document Date: 12/15/11
Page: 3
Ship msteinke
To: @ci.wheatridge.co.us
Shipped
Cust I.D ..... : WHEATP
P.O. Number .. :
P.O. Date .... : 12/15/11
Job/Order No. :
Salesperson .. :
Unit Price Net
*
TX
2012 LICENSE AND MAINTENANCE FEES
NO CPI ADJ FOR THE FOLLOWING: 0.00 E
PICTOMETRY INTERFACE
Send billing error notice within (60) days of
inv date to asteele@edulog.com, (406)728-0921
X-3123. Service charges at 12% annually will
accrue on past due accounts.
Subtotal:
Tax ..... :
Total ... :
1350.00 E
81755.00
0.00
81755.00
\ '~ .... • .. City of • p w neatRi_dge
CITY OF WHEAT RIDGE
ITB-11-36
ON·CALL STORM SEWER MAINTENANCE AGREEMENT
THIS AGREEMENT, made this 281t1 day of NOVEMBER 2011 by and between the City of Wheat
Ridge, Colorado, hereinafter called "Owner" and QU ALITY PIPE SERVICES, INC., doing business
as an individual, whose business address is 700 W MISSISSIPPI AVENUE, lfC-3, DENVER, CO
80223 , hereinafter called "Contractor".
WITNESSETH : That for and in consideration of the payments and agreements hereinafter
mentioned the parties agree as follows :
1. The Contractor agrees to furnish all materials .• supplies, tools, equipment, labor and
other services necessary to complete the tasks of the Project titled, ITB-11·36 ON-CALL
STORM SEWER MAINTENANCE in accordance with the Contract Bid Documents.
2. The Contractor agrees to perform all the Work described in the Contract Bid Documents
and comply with the terms therein for the total not to exceed amount of FIFTY
THOUSAND DOLLARS ($50.00Q).
3. The Contractor agrees to commence the Work required by the Contract Documents
within Fourteen (14) calendar days after approval by Council . Term is for one year w ith
the option to renew for three (3) one-year periods.
4. The term "CONTRACT BID DOCUMENTS " means and includes the following :
A Signature Page J Bid Bond
B Advertisement for Bids K Agreement
c Information for Bidders l Payment Bond
D Contractor Qualification M Performance Bond
E Bid Form N Notice to Proceed
F Bid Schedule 0 final Receipt
G list of Subcontractors p Special Provisions
H Non-Collusion Affidavit Q General Provisions
Illegal Alien Cert ification R Addenda
5. The Owner will pay to the Contractor in the manner and at such times as set forth in the
General Conditions, such amounts as required by the Contract Documents .
6. Section 2-3 of the City 's Code of Laws is presented below:
{a) FISCAL YEAR . Fiscal year for the City shall commence on January 1 and end on
December 31 .
Attachment 1
(b) BUDGET CONTAINS APPROPRIATIONS . The City Council shall annually adopt a
budget i n a manner consistent with the provisions of Chapter X of the Home
Rule Charter of the City of Wheat Ridge . Upon the annual adoption by City
Council of each year's budget, levels of authorized expenditures from the funds
indicated within the annual budget itself and/or the adopting resolution shall
constitute the appropriation of the amounts specified therein for the purposes
specified therein . During the course of each fiscal year, approval by the City
Council of contracts for goods or services, and/or approval of bids for the
provision of specified goods or services, shall likewise constitute appropriations
of the amounts specified therein for the purposes specified therein .
(c) NO CONTRACT TO EXCEED APPROPRIATION . During each and any fiscal year, no
contract entered into by or on behalf of the City shall expend or contract to
expend any money, or incur any liability, nor shall any contract be entered into
nor any bid be awarded by on behalf of the City which, by its terms, involves the
expenditure of money for any of the purposes for which provision is made
either in the adopted budget or adopting resolution is made either in the
adopted budget or adopting resolution, including any legally authorized
amendments thereto, in excess of the amount appropriated in the budget or
the approved contract or bid amount. Any contract or bid award, either verbal
or written, made in violation of the provisions of this Section shall be void as to
the City and no City monies from any source whatsoever shall be paid thereon .
(d) AMENDMENTS AND AUTHORIZED EXPENDITURES . Nothing contained herein
shall preclude the City Council from adopt i ng supplemental appropriation in a
manner consistent with the provisions of Section 10.12 of the Home Rule
Charter of the City of Wheat Ridge . Further, nothing contained in this Section
shall prevent the making of contracts for governmental serv ices or for capital
outlay for a period exceeding one year if such contracts are otherwise allowed
by the Home Rule Charter of the City; provided, however, any contract so made
shall be executed only for the amounts agreed to be paid for such services to be
rendered in succeeding fiscal years .
(e) NOTICE TO PARTIES CONTRACTING WITH THE CITY. All persons contracting
with, or selling goods or services to, the City are hereby placed on notice of the
provisions of this Section . The provisions of this Section shall become a part of
the Merit System Personnel Rules and Regulations of the City of Wheat Ridge ;
shall be referred to specifically in all public works bid documents and contracts;
and shall be incorporated into, or specifically noted with in, all other contracts
entered into by or on behalf of the City wherein City funds are used to pay for
said contract.
(f) The City may, by contract, require the contractor awarded a public works
contract to waive, release or extinguish it rights to recover costs or damages, or
obtain an equitable adjustment, for delays in performing such contract, if such
delay is caused, i n whole or part, by acts or omissions of the City or its agents, if
the contract provide s that an extension of time for complet ion of the work is
the Contractor's remedy for such delay. Such a clause is valid and enforceable,
any provision of State Law to the contrary not withstanding.
(g) The City Council, by this ordinance, declares its local contracting powers to be a
matter of purely local concern, and further specifically intends to supersede,
pursuant to its powers under Article XX of the Colorado Constitution, the
provisions of Sections 24-91 -101 and 103 .5, C.R .S., insofar as they conflict with
the provisions of this Section of the Code of Laws of the City of Wheat Ridge,
Colorado .
7 . NOnCES
Any notice or communication given pursuant to this Agreement to the City shall be
made in writing:
CJty Contact:
Greg Knudson
7500 W 29 Avenue, Wheat Ridge 80033
Offic~: 303 -235 -2869
Fax: 303-235 -2857
Contractor Contact:
Scott Boyd
700 W Mississippi Avenue , #C3
Denver, CO 80223
8. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO .
11246 as amended, including specifically the provisions governed by the Equal
Opportunity Commission and also to abide by the requirements of the IMMIGRATION
REFORM AND CONTRACT ACT OF 1986 And The Requirements Of The AMERICANS WITH
DISABILITIES Act Of 1991 .
9. In accordance with CRS Title 24, Article 91 , Section 103.6, Paragraph 2, Subparagraph a,
the City of Wheat Ridge hereby states that funds have been appropriated for this
Project in an amount equal to or in excess of the Original Contract Amount.
10. Illegal Aliens -Public Contracts for Services . CRS 8-17 .5-101 and Public Law 210, 1041h
Congress, as amended and expanded in Public Law 156, 1081h Congress; as amended :
The Contactor certifies that he/she shall comply with the provisions of CRS 8-17 .5-
101et seq . The Contractor shall not knowingly employ or contract with an illegal
alien to perform work under this contract or enter into a contract with a
cSUbcontractor that knowingly employs or contracts with an illegal alien . The
Contractor represents, warrants, and agrees that it (i) has verified that it does not
employ any illegal aliens, through participation in the Basic Pilot Employment
Verification Program administered by the Social Security Administration and
Department of Homeland Security, or (i i) otherwise will comply with the
requirements of CRS 8-17.5-101 (2)(b)(l). The Contractor shall comply with all
reasonable requests made in the course of an investigation by the CO Department
of Labor and Employment. If the Contractor fails to comply with any requirement of
this provision or CRS 8 -17 .5-101 et seq., the City may terminate th is contract for
breach and the Contractor shall be liable for actua l and consequential damages to
the City.
{Tlo9t3
~ 1.4 ~
,. .-City of
_?WlieatRi_dge
RFP-08-26
TRAFFIC SIGNAL MAINTENANCE
THIS AGREEMENT made this 8TH day of JULY 2008, by and between the City of Wheat Ridge, Colorado,
hereinafter referred to as the "City" or "Owner" and W.L. CONTRACTORS, INC., 5920 LAMAR ST., ARVADA, CO
80003, hereinafter referred to as the "Contractor".
WITNESSETH, that the City of Wheat Ridge and the Contractor agree as follows:
ARTICLE 1 -SERVICES
The Contractor shall serve as the City's contractor and provide as a minimum all of the services required as per
RFP-08-26 TRAFFIC SIGNAL MAINTENANCE.
ARTICLE 2 -TERM
The term of this Agreement shall be for one year with the option to renew for up to (3) one-year renewals .
ARTICLE 3-PAYMENT AND FEE SCHEDULE
It is understood and agreed by and between the parties hereto. that the City shall pay the Contractor for services
rendered Not To Exceed the hourly rates submitted and agreed upon.
A. Invoices
Invoices will be submitted by the Contractor monthly for services performed and expenses incurred
pursuant to this Agreement during the prior month. The processing of payment will be expedited by the
Treasurer's OffiCe through proper accounting procedures. Payment will be made to the Contractor within
thirty (30) days of the receipt of the approved invoices for services rendered .
B. Funding
There is in effect within the City of Wheat Ridge, Colorado, a provision of the City's Code of Laws which
limits the amount for which the City shall be liable to the amount expressly appropriated by the City
Council, either through budgeted appropriation, or contract or bid award. The contractor is specifically
advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted
pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract Is specifically
subject to the provisions of said Ordinance and adopted Code Section.
ARTICLE 4-INDEPENDENT CONTRACTOR
In performing the work under this Agreement, the Contractor acts as an independent contractor and is solely
responsible for necessary and adequate worker's compensation insurance, person injury and property damage
insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor, is obligated
to pay federal and state income tax on monies earned. The personnel employed by the Contractor are not and
shall not become employees, agents or servants of the City because of the performance of any work by this
agreement. The Contractor warrants that it has not employed or retained any company or person, other than a
bonafide employee working solely for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any company or person, other than bona fide employees working solely for the Contractor, any commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making
of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement
without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full
amount of such fee, commission , percentage, brokerage fee, gift, or contingent fee.
Attachment 2
I llCEIVED FEB 0 2 Z009
ARTICLE 5 -INSURANCE
In accordance with Article 4 above, the Contractor shall furnish a certificate of insurance upon notifiCation of award
and prior to performance. Work shall not commence under this Agreement until the Contractor has submitted to
the City and received approval thereof, a certificate of Insurance showing compliance with the following minimum
types and coverages of insurance.
Type of Insurance
Standard Workers' Compensation &
Employers' Liability Including
Occupations Disease Coverage
Comprehensive General Liability
Insurance
Comprehensive Automobile
Minimum Limits of Liability
Statutory in conformance
with the compensation
laws of the State of Colorado
$250,000 each person;
$1,000,000 each occurrence
$250,000 each person;
All policies and/or Certificates of Insurance shall include the City of Wheat Ridge as an additional named insured .
Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the Agencies may be
entitled pursuant to the Colorado Governmental Immunity Act. sections 24-10-101, C.R.S ., as amended .
ARTICLE 6 -INDEMNIFICATION
The Contractor agrees to indemnify and to hold the City and its agents harmless for, from and against any and all
claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out
of damage or injury to persons, entities , or property causes or sustained by any person or persons as a result of the
negligent performance or failure of the Contractor to provide services pursuant to the terms of this Agreement.
ARTICLE 7-CHANGE ORDERS OR EXTENSIONS
The City may, from time to time, require changes in the scope of services of the Contractor to be performed herein .
Such changes, including any increase or decrease in the amount of the Contractor's compensation, must be
mutually agreed upon in writing by the City and the Contractor. The Contractor shall be compensated for all
authorized changes in services, pursuant to the Request for Proposal, or if no provision exists , pursuant to the
terms of the Change Order.
ARTICLE 8 -EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall not discriminate against any employee or applicant for employment because of age, race ,
color, religion , sex, or national origin. The Contractor shall adhere to acceptable affirmative action guidelines in
selecting employees and shall ensure that employees are treated equally during employment, without regard to
their age, race, color, religion, sex, or national origin . Such action shall include, but not be limited to the following :
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation, and selection for training, including apprenticeship., The Contractor agrees to
post in conspicuous places, available to employees and applicants for employment, notices provided by the local
public agency setting forth the provisions of this nondiscrimination clause.
The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this
Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions
shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
ARTICLE 9-CHARTER. LAWS AND ORDINANCES
The Contractor at all times during the performance of this Agreement, agrees to strictly adhere to all applicable
Federal, State and Local laws, rules, regulations , and ordinances that affect or govern the work as contemplated
under this Agreement.
2
ARTICLE 10-LAW AND VENUE
The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The
parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District
Court of Jefferson County, Colorado.
ARTICLE 11-TERMINATION
The Contractor acknowledges that his failure to accomplish the work as described shall be considered a
material breach of the contract and entitle the City to consequential damages resulting from failures,
acts, or omissions including but not limited to re-procurement costs, insufficient or improper work.
The City and the Contractor agree that this Agreement may be canceled for cause, by either party with a fifteen
{ 15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time
of such termination, shall be deducted from the contract price before payment is made.
The City may terminate the Agreement for its convenience upon thirty (30) days written notice. In the
event of such termination, the contractor will be paid for all work and expenses incurred up until the time
of such termination.
All work accomplished by the Contractor prior to the date of such termination, shall be recorded
and tangible work documents shall be transferred to and become the sole property of the City,
prior to payment for services rendered.
ARTICLE 12-NOTICES
Any notice or communication given pursuant to this Agreement to the City shall be made in writing to:
For the City: Greg Knudson, Public Works, 7500 W 29111 Avenue. Wheat Ridge, CO 80033
Phone 303-205-7601 Fax 303-235-2857
For the Contractor: Toni Ann Winkler, President, 5920 lamar Street, Arvada, CO 80003
Phone 303-422-7985 Fax 303-422-1634
ARTICLE 13 -ASSIGNMENT AND SUBCONTRACTORS
The duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, nor subcontracted
except with the express written consent of the City. The subcontractors permitted by the City shall be subject to the
requirements of this Agreement, and the Contractor is responsible for all subcontracting arrangements and the
delivery of services as set forth in this Agreement. The Contractor shall be responsible for the performance of any
sub-contractor.
ARTICLE 14 -SEVERABILITY
To the extent that the Agreement may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term
or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not
affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be
construed as a waiver of any other term, or the same term upon subsequent breach.
ARTICLE 15-INTEGRATION OF UNDERSTANDINGS
This Agreement is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever,
unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment
hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the
City and the Contractor.
3
CA F -Zopp e Italian Family Circus
January 9 , 201 2
Page2
FINANCIAL IMPACT:
The total cash financial impact to the City is $105 ,376. The City will receive all revenues from
ticket sales and sponsorships for the Zoppe Circus to offset a portion of this expense. Additional
in-kind services will be provided by the City including staff labor and other miscellaneous
expenses. Additional expenses could also be incurred due to any potential damage to the City's
soccer field or park grounds.
The total projected revenues from circus performances , vendors and sponsorships are $101 ,000.
The net difference in expenses and revenues is ($4 ,376 .00)
Expenses:
Artist Services
Consulting Services
Supplies, Fees, Advertising
Carnation Festival Fee
Contract Labor
Total
Revenues:
Sponsorships
Ticket Sales
Vendors
Other
Total
BACKGROUND:
$70 ,000
$10,500
$13,450
$6 ,500
$4,926 (could be reduced by volunteer labor)
$105,376
$25 ,000
$65 ,000
$6 ,000
$5,000
$101,000
The Zoppe Family Circus approached the City in 2011 about the possibility of bringing the
Circus to the City of Wheat Ridge in the summer of 2012. Discussions were held with the
Carnation Festival Board to determine if the Circus could be added to the Carnation Festival
activities as its signature event. The Board unanimously voted to support the event and to work
with the City to ensure its success .
The Zoppe Circus was founded in 1842 in Venice , Italy by Napoleone Zoppe and his wife
Ermengilda. Napoleone's great-grandson, Alberto Zoppe inherited the Circus almost 100 years
later. The Zoppe's offer an "unapologetically authentic, one-ring circus where you will sit on
wood-plank bleachers and enjoy the great traditions of circus."
The Circus is scheduled to present fifteen performances at Anderson Park starting on August 17 ,
2012 and ending on August 26 , 2012. Tickets will be sold for $15.00 each and coupons will be
distributed to discount this price to $10.00.
The City will be obligated to a budget of approximately $105 ,3 76 to pay for the performances
and those expenses related to the operations of the Circus. The City will receive all ticket sales
and sponsorships to offset a portion of these expenses.
CAF -Zoppe Italian Family Circu s
January 9 , 201 2
Page 3
RECOMMENDATIONS:
Staff is still in contract negotiations with Zoppe Family, Inc. and Success Resources Unlimited ,
Inc. at the time of preparing this CAF. However, attached are both contracts which are
substantially complete. Staff recommends approval ofboth contracts with minor amendments
that will be brought forward to City Council on January 91h. In addition , Staff recommends
approval ofthe supplemental budget appropriation to meet the initial financial requirements of
the contracts.
RECOMMENDED MOTION:
"I move to approve Resolution No. 08-2012 -A resolution approving a Performance Agreement
between the City of Wheat Ridge and Zoppe Family, Inc. and a Consulting Agreement with
Success Resources Unlimited Inc. and amending the fiscal year 2012 General Fund Budget to
reflect the approval of a supplemental budget appropriation in the amount of $26,500 for the first
deposit required by both agreements ."
Or,
"I move to postpone indefinitely Resolution No. 08-2012 for the following reason(s)
"
REPORT PREPARED AND REVIEWED BY:
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution 08-2012
2 . Draft Performance Agreement
3. Draft Consulting Agreement
4. Zoppe' Italian Family Circus PowerPoint Presentation
5. Zoppe ' Family Circus History
6. StaffMemo, dated December 19 ,2011
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 08
Series of 2012
TITLE: A RESOLUTION APPROVING A PERFORMANCE AGREEMENT
BETWEEN THE CITY OF WHEAT RIDGE AND ZOPPE FAMILY,
INC. AND A CONSULTING AGREEMENT WITH SUCCESS
RESOURCES UNLIMITED, INC. AND AMENDING THE FISCAL
YEAR 2012 GENERAL FUND BUDGET TO REFLECT THE
APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION
IN THE AMOUNT OF $34,500 FOR THE FIRST DEPOSIT
REQUIRED BY THE PERFORMANCE AGREEMENT AND THE
FULL AMOUNT REQUIRED BY THE CONSULTING
AGREEMENT
WHEREAS, the City Council recognizes the importance of bringing quality
cultural events to the City of Wheat Ridge for the enjoyment of its residents; and
WHEREAS, the Zoppe Family Circus has presented an event proposal to the
City of Wheat Ridge to bring their Circus to the City from August 17-26, 2012; and
WHEREAS, the Carnation Festival Committee Board unanimously voted to
support the Circus as the Festival's signature event; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City Council authorizes the approval of the Performance Agreement
with Zoppe Family, Inc. and the Consulting Agreement with Success
Resources Unlimited, Inc.
B. The City Council authorizes the transfer of $34,500 from the general fund
undesignated reserves to account number 01-102-700-750 and amending
the 2012 fiscal year budget accordingly.
DONE AND RESOLVED this 9th day of January 2012.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
ZOPPE CIRCUS TECHNlCAL REQUIREMENTS RIDER
Revised January 2011
ORA
The Presenter, Artist and/or Agent, as set forth at Paragraph 6 below , are to provide the following as part of
the January 9, 2012 Performance Agreement.
1) FREE PARKING FOR RECREATIONAL VEIDCLES
Our artists travel and live in recreational vehicles while on tour. Therefore, there must
be a reserved space near the performance area for up to five (5) R.V. 's upon arrival.
The following is required :
A) Electricity in R.V. Area
Six ( 6) Electrical Edison outlets with 20 amp breakers in each outlet in the R. V. parking location. If non-
animal R.V.'s are not able to park next to the tent area , additional power and lights will be required in that
area . Hard wired electricity is not available at this location; gas or diesel generators are permitted and will
be provided by _____ _
B) Water
Water faucet connection for garden hose near R.V . parking. If system uses a key , Artist is to be given the
key upon arrival. Artist will return key to Presenter prior to vacating the premises. Standard hose coupling
is acceptable.
C) Animal Parking
Animal vehicles should be pennitted to park by the circus tent. If R.V. trailer parking is located in an area
other than by the circus tent , additional electric and water is required . Dumpster should be placed close to
the animal parking in the location Artist designates upon arrival of the Company, provided that dumpster
must be located on asphalt area due to the weight of the delivery truck and the method the truck used to load
and unload the dumpster.
2) EMERGENCY INFORMATION
The Presenter should give Artist a list containing the names and phone numbers of local veterinarians ,
blacksmiths (for horseshoes) and hospitals to be used in case of emergency. Directions from the
performance area to the hospital should also be provided upon Artist's arrival.
3) ANIMAL REQUIREMENTS
The following supplies are required :
A) Two (2) bales of regular grass hay per performance day .
B) Fifteen (15) bags of kiln-dried wood shavings at time of set-up , with two (2) additional
bags per performance day .
C) If site is not grass , Presenter to provide one load of dirt (approx . 8 cubic yards)
(baseball diamond dirt is best), and additional bags of shavings may be needed.
Horses may not be kept on any grass fields at the Park
D) One (1) eight yard dumpster for animal waste should be placed close to animal parking in the
location ARTIST designates upon arrival of the Company. This will also be used for disposal
of trash from the performances and performers . If local codes require trash and animal waste
to remain separate, then two (2) dumpsters are required . All dumpsters must be located on
asphalt areas.
ORA
4) PERFORMANCE REQUIREMENTS
A) Performance Space. A space measuring approximately 172 ' diameter circle (150 '
diameter is the minimum), is required for the setup of the tent. Additional space is required
for the living quarters for the performers and their animals. This space should be free and
clear of all obstacles, and it is preferable that the space is a grass lot. Presenter should make
Artist aware of any underground obstacles (such as water pipes , electrical or gas lines) prior
to the setup of the tent. Presenter is responsible for obtaining all licenses and permits as may
be required.
B) Power. 220 single-phase 200 amp electrical service is required for use by the Artist for the
lighting, sound , and electricity for the circus tent and for the performer's living quarters. Hard
wired electricity is not available at this location ; gas or diesel generators are permitted and
will be provided by ______ _
5) MISCELLANEOUS
A) Setup. Assistance A minimum of 6 able-bodied persons to help with the setup and take
down of the tent, in the form of volunteers obtained by Agent. Time of setup and take down
will be determined by the Artist. Setup is approx. 1 0 hours , Strike is approx . 6 hours ; bleacher
assembly is approx . 6 hours.
B) Accommodations. Up to three (3) motel rooms may be required to be supplied by the
Presenter. Presenter will be notified no later than one (1) month prior to performance date as
to whether these rooms are in fact needed .
C) Ushers, Ticket takers, Concessions . The Artist shall provide ushers . If the Presenter
wishes , the Presenter can also provide ushers. The Presenter provides ticket takers and people
to sell tickets at the door. Artist may sell concessions and souvenirs related to the Zoppe
Family Circus only.
6) OBLIGATIONS
Presenter is solely responsible for Items 1 and 4 ; Presenter, through Agent, is responsible for Items
2 , 3 (excluding dumpster) and 5.
CONSULTING AGREEMENT
This Agreement is made effective as of January 9 , 2012, by and between , the City of
Wheat Ridge , CO of 7500 West 29th Avenue, Wheat Ridge , CO 80033 and Success
Resources Unlimited , Inc . dba Get Connected Events, of P .O. Box 1132, Arvada ,
Colorado 80001.
In this Agreement, the party who is contracting to receive services shall be referred to as
"Wheat Ridge", and the party who will be providing the services shall be referred to as
"Gina Hallisey". Together, Wheat Ridge and Gina Hallisey are referred to as the
"Parties."
Whereas, Gina Hallisey has a background in Event Planning and Management and is
willing to provide services to Wheat Ridge based on this background, and
Whereas, Wheat Ridge desires to contract for the services to be provided by Gina
Hallisey as described herein
Now, therefore, the Parties agree as follows:
1. DESCRIPTION OF SERVICES Beginning on January 9 , 2012 Gina Hallisey will
provide the following services (collectively, the "Services"): Duties of Event Planner and
Coordinator for the Zoppe' Family Circus Event to take place August 17-26, 2012 as the
main attraction of the Wheat Ridge Carnation Festival. Gina Hallisey will work with the
Carnation Festival Board providing consulting and event expertise to ensure an effective
process of incorporating the Zoppe' Circus attraction into the current Carnation Festival
event. Without limiting the generality of the foregoing, Gina Hallisey will provide the
following specific Services:
a . All obligations of "Agent" in that certain Performance Agreement dated January
9, 2012 between Wheat Ridge as "Presenter'' and Zoppe Family, Inc. "Artist",
through New World Classics , as "Agent", including the Technical Requirements
Rider thereto (hereinafter, the "January 9 , 2012 Circus Agreement").
b. Coverage for hotel rooms, if needed.
c . All liaison and communication requested or required by Zoppe Family, Inc.
d. Recruitment and coordination of all volunteers.
e . Other duties as assigned by to accomplish the Services.
f.
g.
2. PERFORMANCE OF SERVICES; SUPERVISION. The manner in which the
Services are to be performed and the specific hours to be worked by Gina Hallisey shall
be determined by Gina Hallisey. Wheat Ridge will rely on Gina Hallisey to work as many
hours as may be reasonably necessary to fulfill Gina Hallisey's obligations under this
Agreement. Gina Hallisey will perform the Services [under the direction of] [in
coordination with] _________ _
3. PAYMENT. Wheat Ridge will pay a fee to Gina Hallisey for the Services in the
amount of $10,500 .00 (the "Fee "). . The Fee shall be payable in a deposit of $2 ,500
upon signing of agreement with the remainder to be paid in monthly payments of
Attachment 3
$1,000.00 for eight (8) months beginning on February 1, 2012 and ending with the last
payment on September 1, 2012.
4. EXPENSE REIMBURSEMENT. Gina Hallisey shall be entitled to reimbursement
from Wheat Ridge for all "out-of-pocket" expenses related specifically to the presentation
of the Zoppe ' Circus event in Wheat Ridge, CO. Expenses over $50 shall be approved
by Wheat Ridge prior to purchase via a purchase order or other document and/or
process as chosen by Wheat Ridge .
5. SUPPORT SERVICES. Wheat Ridge will provide the following support services for
the benefit of Gina Hallisey: office space for sponsor meetings, recreation district
personnel as needed for circus set-up and teardown and any other support services as
determined necessary by both Parties for the presentation of the Zoppe ' Circus event.
6. ADDITIONAL EVENT LABOR. Gina Hallisey and Wheat Ridge recognize that if the
Carnation Festival cannot provide enough volunteers , Gina Hallisey's Services will
include the procurement of contract event labor for the on-site portion of the Zoppe '
Circus event being planned for Wheat Ridge and payment for such contract labor will be
the responsibility of the City of Wheat Ridge. Gina Hallisey shall obtain the approval of
Wheat Ridge prior to the hiring of contract employees and will provide a W9 for each
contractor. Wheat Ridge will pay the contract labor per hours worked within 2 weeks of
the event and provide the Tax Form 1099 for each contractor at 2012 year end .
7. TERM/TERMINATION. This Agreement shall commence on January 9, 2012 and
terminate automatically on September 1, 2012 upon the final payment to Gina Hallisey
unless both Parties agree to extend the term in writing prior to that date. This
Agreement may be terminated by either Party upon thirty (30) days written notice to the
other of a default, whereupon the defaulting Party shall have ten_( 1 0) days to cure the
default to the satisfaction of the non-defaulting Party. This Agreement shall
automatically terminate in the event the January 9, 20120 Circus Agreement is
terminated for any reason . In the event of termination of this Agreement, payment of the
Fee shall be made pro rata to the date of termination.
8. RELATIONSHIP OF PARTIES. It is understood by the parties that Gina Hallisey is
an independent contractor with respect to Wheat Ridge, and not an employee of Wheat
Ridge. Wheat Ridge will not provide any fringe benefits , including health insurance
benefits, paid vacation , or any other employee benefit , for the benefit of Gina Hallisey.
9. TAX OBLIGATION. Gina Hallisey shall be obligated to comply with all applicable
federal, state and local income and w ithholding tax , social security, worker's
compensation , unemployment insurance , and any other similar or related status
regulations , ordinances and obligations . Wheat Ridge shall have no obligation or duty
with regard to any of the foregoing matters as pertaining to Gina Hallisey.
10. DISCLOSURE. Gina Hallisey is required to disclose any outside activities or
interests , including ownership or participation in the development of prior inventions , that
conflict or may conflict with the best interests of Wheat Ridge. Prompt disclosure is
required under this paragraph if the activity or interest is related , directly or indirectly, to :
-the Zoppe ' Circus event scheduled for August 17-26 , 2012 in Wheat Ridge ,
Colorado .
11. ASSIGNMENT. Gina Hallisey's obligations under this Agreement may not be
assigned or transferred to any other person, firm, or corporation without the prior written
consent of Wheat Ridge, which may be given or withheld in the City's sole discretion.
12. CONFIDENTIALITY, PART 1. Wheat Ridge recognizes that Gina Hallisey has and
will have the following information:
-future plans
-business affairs
-trade secrets
-customer lists
and other proprietary information (collectively, "Information") which are valuable, special
and unique assets of the Carnation Festival event and need to be protected from
improper disclosure. In consideration for the disclosure of the Information, Gina Hallisey
agrees that Gina Hallisey will not at any time or in any manner, either directly or
indirectly, use any Information for Gina Hallisey's own benefit, or divulge, disclose, or
communicate in any manner any Information to any third party without the prior written
consent of the Carnation Festival or the City of Wheat Ridge. Gina Hallisey will protect
the Information and treat it as strictly confidential.
13. CONFIDENTIALITY, PART 2. The City of Wheat Ridge recognizes that Gina
Hallisey will be providing Wheat Ridge with possible business connections with known
clients of Gina Hallisey during the time of this Agreement. These clients of Gina Hallisey
will be acknowledged at the time of introduction, in writing, to the City of Wheat Ridge
and these clients will remain the clients of Gina Hallisey during and after termination of
Agreement even if they become a part of the Carnation Festival's customer list due to
the efforts of Gina Hallisey. Wheat Ridge also recognizes Gina Hallisey's businesses
prior to this Agreement as Rolling Thunder Productions LLC and Success Resources
Unlimited Inc. dba Get Connected Events and accepts that the clients and business
functions of these companies are not considered part of the confidentiality clause (#12)
under this Agreement.
14. RETURN OF RECORDS. Upon termination of this Agreement, Gina Hallisey shall
deliver all records, notes, data, memoranda, models, and equipment of any nature that
are in Gina Hallisey's possession or under Gina Hallisey's control and that are Wheat
Ridge's property or relate to Wheat Ridge's business in regards to the 2012 Carnation
Festival and the Zoppe' Circus as part of the 2012 Carnation Festival.
15. INDEMNIFICATION. Within the limitations of the Colorado Constitution and
Statues, each Party hereby agrees to indemnify, hold harmless and defend and/or
compensate the other Party, its managers, members, agents, successors, assigns, and
legal representatives for asserted claims against, or liability damages, including attorney
fees and court costs incurred by the other Party due to the negligence, willful
misconduct, violation of law, acts or omissions of the indemnifying first Party. Each
Party shall agree to accept the full responsibility for their own negligence and actions.
Wheat Ridge does not waive the protections and limitations of the Colorado
Governmental Immunity Act, CRS 24-10-101 et seq.
16. INSURANCE. Wheat Ridge agrees to list Gina Hallisey as additionally insured on
the Carnation Festival general liability policy during the timeframe of the Agreement.
Consultant shall be listed as: Success Resources Unlimited, Inc, Gina Hallisey, P.O. Box
1132, Arvada, CO 80001. Consultant shall receive a copy of the additionally insured
document. If the Carnation Festival does not have an event general liability policy, the
expense of obtaining such insurance is the responsibility of the Carnation Festival and
Wheat Ridge and the expense of such is not in any way the responsibility of Gina
Hallisey.
17. NOTICES. All notices required or permitted under this Agreement shall be in writing
and shall be deemed delivered when delivered in person or deposited in the United
States mail, postage prepaid, addressed as follows:
IF for Wheat Ridge:
City of Wheat Ridge
Joyce Manwaring,
Parks & Recreation Director
4005 Kipling Street
Wheat Ridge, Colorado 80033
IF for Gina Hallisey:
Success Resources Unlimited, Inc.
Regina R. Hallisey
President
P.O. Box 1132
Arvada, Colorado 80001-1132
Such address may be changed from time to time by either Party by providing written
notice to the other in the manner set forth above.
18. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the
Parties and there are no other promises or conditions in any other agreement whether
oral or written, other than the obligations of Gina Hallisey as "Agent" in the January 9,
2012 Circus Agreement, which Agreement is incorporated herein by this reference . This
Agreement supersedes any prior written or oral agreements between the parties.
19. AMENDMENT. This Agreement may be modified or amended only if the
amendment is made in writing and is signed by both Parties.
20. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable . If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become valid and enforceable,
then such provision shall be deemed to be written, construed, and enforced as so
limited.
21. WAIVER OF CONTRACTUAL RIGHT. The failure of either Party to enforce any
provision of this Agreement shall not be construed as a waiver or limitation of that Party's
right to subsequently enforce and compel strict compliance with every provision of this
Agreement.
22. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of
Colorado . The prevailing Party in any litigation concerning this Agreement shall be
entitled to its reasonable attorney fees and court costs . Venue and jurisdiction shall be
proper and exclusive in the District Court for Jefferson County, Colorado,
23. Add Wheat Ridge standard contracting requirements; Code 2-3.
City of Wheat Ridge, Colorado
By:
Jerry DiTullio, Mayor
Attest: ------:=-----------
Janelle Shaver, City Clerk
Approved as to form :
By: _____________________ __
Gerald Dahl, City Attorney
Success Resources Unlimited, Inc.
FEIN# 84-1549675
By:
Regina R. Hallisey, President
ZOPPE' ITALIAN
FAMILY CIRCUS
-==== ~ ==-==-
Introducing a NEW Feature Attraction
Attachment 4
12/6/11
1
by apolcone Zoppe' and
his wife E rmcngilda
12/6/11
2
Alberto was hesitant to leave his
family circus in Italy but was
12/6/11
3
Alberto's dream of a beautiful
new home for the 7'h generation
of Zoppe's to perform was
realized in 20 10 by his wife
a special blackout tent material
aUows you to step back in tJmc to
the way circus used to be
The Zoppe's offer an
12/6/11
4
INTRODUCING THE ZOP
-~
INTRODUCING THE ZO
~
12/6/11
5
PERFORMANCE RU
~
Fri. Au":ust 17"'-Performance at 7pm
Sat, August 18"'-Performances at 1 pm, 4pm & 7pm
Sun, .\u~o:ust 19"'-Performances at I pm & 4pm
ugust 22""-on-profit Gala or Sponsor Performance at 7pm
CIRCUS TICKET OVER
~
15 ages 3 and up
A ~ssroot s ma.cketing campaiE,>n will place $5 off coupons 111 all
busmesses beginning in June and the Carnation FesU\'al
12/6/11
7
ITALIAN VILLAGE
~
+ The concept of an Italian Village out in front of the circus tent \\~II
EW revenue to offset start-up costs and create a mini-festi,·al within
Carnation Festival (CT<) which can be carried over to the second
when the Carnation Festival is not the primary draw.
12/6/11
8
2012 PROPOS E D BUDG
~
EXPENSES DESCJUI'TION
Circus Fee
Tech Rid er
Ticket Outlet
2-weck Performance Run
r la y, sawdu st, dump sters, gen
S 1 per ticket sold x 6500 tics
Local & Andiam o, SS fl ye r
1 00 add '! chairs & fencing
Related to New Itali an Item s
Carnation Festival % 10% of Circus Ticket Sales
012 PROPOSED BUD
EXPENSES DESCRIPTION
Set-up and Tear down
6ppl x SS/hr x Shrs x 2 weekends
T ick et-takers/Ushers/Tras h Pick-up
6ppl x SS /hr x 211m x 2 wee kend s
Ticket Sales On-site
2ppl x SS/hr x 21 hrs x 2 weekends
Event Sc cut~ty 2ppl x 535 /hr x 21 hrs x 1 wee kend
Get Connected Events Coordinator
Fcc -all Circus ,\ttracrion Ekments
12/6/11
10
PAST HISTORY
c:u
+ 2008-Zoppe's First Appearance in Colorado in Winter Park
+ 2009 -Zoppe' performs at the 1ile lligh Marketplace
2010-Zoppe' performs at both the ~We lligh larketplacc
and Winter Park Resort
3 YEAR PROPOSED BUDG
REVENUE
Circu~ Spon~or~htp
ew Income
TOT.\L
<.~
25,000.00
65.000.00
6,000.00
5,000.00
101,000.00
25,000.00
71,500.00
6,600.00
5,500.00
108,600.00
7,600.00
12/6/11
12
IN CLOSING
~
If the City of Wheat Ridge hosts The Zoppe' Italian ramily Circu~ m
• Rc-<.'flcrgize the Carnation Festival and build a EW Signature Event
Add a cultural experience for the Wheat Ridge community to enjoy
Wheat Judge as an entertainment d~tination
GIOVANNI SAYS ...
"People don't
see our show,
they feel it."
12/6/11
15
History
For more info contact Gina Hallisey
Colorado Tour Director for Zoppe' Italian Family Circus
Get Connected Events, 303.726.6111
gina@getconnectedevents.com
Zoppe
An Italian Family Circus
History
The Zoppe Family Circus emerged from humble beginnings more than 160 years ago to become one
of the legendary circuses in all of Europe . And like many good legends , it began with a boy and a girl
falling in love .
In 1842 , a young French street performer named Napoleone Zoppe wandered into a plaza in
Budapest, Hungary, looking for work . There , his eyes glanced upon a beautiful equestrian ballerina
named Ermengilda , who captured the hearts and minds of the crowd with her grace and
showmanship . More importantly , this talented beauty captured Napoleone's heart.
However, since Napoleone was a clown , Ermengilda's father saw him as beneath her and
disapproved of their relationship . The two ran away to Venice , Italy , and founded the circus that still
bears their name. Over the generations , the circus survived wars and political upheaval in Italy and
the rest of Europe .
Alberto Zoppe , Napoleone's great-grandson , inherited the circus almost 100 years later. A grand
equestrian in his own right , Alberto toured Europe with the circus since his youth , forging many unique
friendships along the way , including one with famed actor/director Orson Welles.
Welles , who was working in Rome at the time , persuaded Alberto to take a role in a small film about
the circus being shot in London. Alberto was then offered a job by John Ringling North of Ringling
Brothers fame , who was putting together the circus acts for Cecil B. Demille's Oscar-winning film , The
Greatest Show on Earth . Alberto was hesitant to leave his family circus in Italy for America , but North
was persistent and offered to loan the family circus an elephant for the show as long as Alberto
worked for him . He obliged and was prominently featured in the film .
Alberto would remain in America , producing circuses for Ringling and starting his own family .
Together with his wife Sandra , Alberto has ushered in a new generation to continue the family
tradition . Their children , Giovanni , Tasca and Carla , along with their spouses , have all been active at
one t ime or another in the family bus iness . Giovanni revived the Zoppe Family C ircus in America six
years ago , and has since been building its reputation with audiences and critics as an enchanting
exhibition of traditional European circus .
Giovann i credits his family with helping to maintain the grand traditions. He is especially grateful to his
father, who at 82 years old , still manages to wow the crowd every time he steps into the ring . "He's
the star of the show," Giovanni says . "He's the one who will capture you . He's just an amazing
performe r. I'm very proud to see him in the ring and performing ."
For his part , Alberto believes it's the audience that keeps circus performers like him young and in the
ring . "When you see that somebody loves what you're doing , you enjoy it even more ," Alberto says . "I
was born into show business , so I don't think I'm going to get out of it before I die . I'm 82 now , and I've
got an artificial hip and an artificial knee , but I still don 't want to get out."
Attachment 5
Reviews
The Family Business, 163 Years Under the Big Top
By MICHAEL WILSON
August 2 1, 2005
The New York Times
SCHAUMBURG, Ill.-Alberto Zoppe , 83 , as worn , dusted and patched together as the canvas of the
big top over his head , looked toward his feet and recalled the broken bones , working his way up.
"Oh , one foot , one ankle , one leg one time , one knee ," he said in the accent of his native Italy. "The
hip. They replace the hip and go back and do it again . I replace both hips."
Mr. Zoppe is the patriarch of the Zoppe Family Circus , a
traveling band of men , women , children and animals that races
between county fairs and suburbs like this one near Chicago ,
playing a few shows a day for a week or more throughout the
summer before splitting up into their solo acts again.
The Zoppe circus evokes something from a picture book: the
clown , the trapeze , the dancing dogs , the ring and the tent. The
show is frozen in a time long before the high-concept, high-
dollar Cirque du Solei!, which has opened its fourth resident
show in Las Vegas.
"Nobody knows what real circus is ," said the show's front man and lead clown , Mr . Zoppe's son ,
Giovanni Zoppe , 39. "I'm not going to say we're better than Solei! at all. It's a wonderful , wonderful
thing . But it's not circus. When a kid imagines a circus, this is what they think of. It's exactly the way
it's supposed to be . It's like the circus was 100 years ago."
Or, more precisely , as it was 163 years ago , in 1842 , when a French clown named Napoline Zoppe met
a ballerina , Ermenegilda , in Hungary, and they ran away to Venice. They were Alberto's great-
grandparents.
"Cecil B. DeMille brought me here from Italy ," Alberto Zoppe said before an evening performance in
Schaumburg earlier this month. "He tried to get me for three years , but I can't come, because the show
in Italy is going so well. I say , 'Well , what about if you send an elephant here to replace me?' He say ,
'O.K., but I don't have an elephant.' He included in the contract to replace Alberto Zoppe with one
elephant, immediately."
Mr. Zoppe appeared in "The Greatest Show on Earth ," Mr. DeMille's Oscar-winning film , and rose in
circus lore with his signature act: a backwards, flat somersault -his torso straight as a pole, not tucked
into a ball -off the back of a running horse. Onto the back of a second running horse .
He met his wife , then Sandra Kayler, in the early 1960's on the road. "They asked for volunteers from
the audience ," Sandra recalled . "No one would volunteer for it , and I felt bad , so I volunteered. He was
43. I was 17." They married and had three children .
Fifteen summers ago , it almost fell apart. Giovanni was 30 feet from the ground , at least, spinning end-
over-end while standing on a trapeze, a highlight of his clown act. It was not a terribly complicated act,
and he had done it many times , but on that night he made a mistake.
"I reached out for the balloon ," he said. "I went outside the circle of centrifugal force. I came down
headfirst. I remember falling , but I don't remember much after that."
His mother said he landed in a fetal position in the sawdust of the ring and stopped moving. "I dream
about it ," she said , still clearly shaken by the memory.
He spent four days in a coma and awoke incoherent and listing to his right , to the extent that when he
was able to walk, he dragged his shoulder along the right wall of the hallway.
But Giovanni recovered , emerging with damaged short-term memory and a body with a right side and
a left side that still do not act entirely in harmony. He again put on the costume ofNino the Clown and
returned to the ring on the one-year anniversary of his accident.
On the opening night of a five-day run this month in Schaumburg, about I 00 children and their parents
climbed up the bleachers. It was a hot night under the tent, and the dozen performers were already
sweating as they joined in a circle outside and prayed for a good night.
Nino the Clown opened the show, with pratfalls and broom gags , calling children out of the crowd to
help him find his lost hat. His younger sister, Tosca, performed equestrian tricks.
These days , the elder Mr. Zoppe watches from outside the ring. He suffered a stroke during an act in
October and later broke his hip , and now walks very slowly with a cane. "To do a somersault from one
horse to another," he said , "I don't know. I hope. I still hope."
They gathered after the show outside Giovanni's Fleetwood A vi on trailer and rehashed their opening-
night foul-ups - a human tower collapsed , with an acrobat accidentally stepping on another's throat.
Ahead lay a two-day drive to Hamburg, N.Y., where the group is performing through Sunday.
"I'd love to play in just one city ," Sandra said.
"Well ," her son countered , "that's like a regular job."
Staging the Family Circus
by Jim Distasio
In 1948, Alberto Zoppe left his native Italy for America, bringing with him a family-circus tradition
that dates to 1842. Today his son , Giovanni , 39, is the driving force behind the Zoppe Family Circus ,
one of the last old-fashioned , family-run , one-ring circuses left touring the United States.
"Everything is spinning so fast today , we want the audience to forget about everything and just step
back in time with us ," says Giovanni , the circus' producer and head clown .
The Zoppe circus is unapologetically authentic , from its intimate 500-seat tent with wood-plank
bleachers to a performance that includes small-animal acts, trapeze acrobatics and the kind of grand-
gesture , silent comedy perfected by Charlie Chaplin .
A typical show features 15 to 25 performers, all ofthem family and friends. In addition to Giovanni
(who plays Nino the Clown), his mother, Sandra, and father , now 83 and recovering from a stroke , the
regulars include sister Tosca , an equestrian ; Tasca's husband , Jay Walther, the ringmaster; sister Carla,
a dog trainer; and Carla's husband , Rudolf Heinen , a former lion tamer who now performs with
canines. The traveling entertainers also include cousins who specialize in juggling fire and a group of
college-age , non-Zoppe circus performers that Giovanni lovingly dubbed "the Prego Troupe" because
"they're fake I tal ian , just like the sauce."
Related by blood or not, they're all members of the Zoppe family , says Giovanni. "When circus
performers believe in the true artistry of what we're trying to do , the ties are as thick as blood , if not
thicker," he says.
"We're always together, always counting on one another," says Tosca, who even found love on the
road. She met her husband , Jay , who didn't hail from a circus background , during a performance in
New Jersey. "I went on the road with them for what I thought would be just a year," Walther says.
"Thirteen years later, it's still phenomenal."
Keeping a circus on the road is challenging, even for someone as youthfully exuberant as Giovanni .
Unlike most big-budget circuses , the Zoppes act as their own crew, pounding in the stakes and raising
the large tent themselves. "When you're performing in the ring and you know you physically set up the
surroundings , it's a whole new level of satisfaction ," Giovanni says.
The set-up is performed quickly , but with great care, and sometimes
ends only a few moments before the Zoppes don costumes to greet
audience members as they enter the tent.
As the show's booking agent , Giovanni also logs more than 6,000
cell-phone minutes each month to fill the troupe's May-through-
September season. When he hits the road from the family's home base
in Greenbrier, Ark. (pop. 3,042), his caravan comprises seven classic-
model trucks and trailers that last year racked up $22 ,000 in fuel bills
in just three months.
Keeping an eye on the bottom line doesn't quite seem to fit a performer whose signature bit is
balancing a broom atop a fake red nose. "Nino the Clown comes naturally to me ," Giovanni says with
a smile . "The businessman , Giovanni Zoppe , that's difficult to do."
During the early years of the circus, when he struggled to book more than a few weeks of work for the
season , Giovanni turned down offers from managers and promoters whose bottom lines didn't connect
with his old-fashioned , family-first approach.
"Today , it's about making more money ," he says. "I don't think about that. I want to know how I'm
going to make that kid in the front row smile. That's what keeps me going."
The Zoppes are on firmer footing these days , having booked more than 13 weeks on the road last
summer with an eye for 20 weeks this year. But more importantly , the show's themes of family ,
togetherness and history continue to resonate with parents and children alike.
"People don't see our show ," Giovanni says. "They feel it."
Jim Distasio is a writer in Chicago.
first appeared: 7/16/2006
era · Circus rm &ssaDiatioll af I nca
Following is an original review of the Zoppe Family Circus from their Canfield , Ohio date. The reviewer is Ed Limbach ,
Director of Public Relations and Media for the CF A
By Edward W. Li mbach
Director P ublic Relat ions and Media
Circus Fans Association of America
Fri day , September 10, 2004-Canfi el d, OH
Zoppe FAMILY CIRCUS
MAHONING COUNTY FAIR
CANFIELD, OHIO
SEPTEMBER 4, 2004
On September 4 , 2004 my wife, Lynn , and I decided to attend the Mahoning County Fair
for the express purpose of seeing the Zoppe Family Circus . We arrived at the fair at about
II :30 am and immediately proceeded to the Zoppe Circus .
When we arrived at the big top we saw a sign the next show at 6pm. We thought that the
sign must be in error so we saw a clown standing near the entrance and asked if the time was correct. He immediately
introduced himself as ino Zoppe . I told him that we were members of the Circus Fans Association of America and we
proceeded to strike up a conversation . After about 15 minutes later, he said , " I want you to meet my father , Alberto
Zoppe ." We proceeded to the backyard and there sat Alberto with Mike and Silvius Piccolo exchanging jackpots. We were
honored to meet Alberto .
They immediately found chairs and wanted us to join in the jackpots. Alberto's wife, Sandy came to the door of the trailer
and welcomed us . They made us feel right at home . Alberto told us a very interesting story about how he came to America
in 1948 . At the time he was running and performing in the Zoppe Circus in Italy . He said that one day he got a call from
John Ringling orth telling him that he wanted him to perform in the Greatest Show on Earth. Alberto said I told him I
can't leave the circus. orth said that he needed me and that Cecil B . DeMille wanted him in the movie, "The Greatest
Show on Earth". Alberto explained that after the war there were no elephants in Italian Circuses as what had been available
died during the war . So he said , I told John Ringling orth that if you want me , I will come but you must send me an
elephant to replace me on the Zoppe Circus. orth said that he couldn't do that so Alberto told him that's ok forget about
me coming to America . orth replied ok you got your elephant. And so Alberto came to America to star in the Greatest
Show on Earth. ow that is a great jackpot.
The Zoppe Family Circus big top seats about 500 and we knew that there
would be a crowd to get in to the 6pm show. We arrived at about 5 :15pm
and a crowd was already assembling. We moved up to the rope line and
stood there about I 0 minutes when ino Zoppe spotted us . He came right
over and said , "You don 't stand in line come with me and pick out the seats
One Era Ends , Another Begins for an Italian Circus Famil y
For Andiamo! Magazine
By: Patty Beyers
July 17 ,2010
Last year, was bittersweet for Alberto Giovanni Zoppe ' (known as Giovanni). In March, seven months before
the birth of his first child , he lost his beloved father and patriarch of the Zoppe ' Italian Family Circus , Giovanni
Alberto Zoppe ' (known as Alberto). Newborn Giovanni Julien Veneto Zoppe ' (known as Julien) would never
meet the man who started the famous family business .
Active since the 1840 's , the Zoppe ' Italian Family Circus is a modern interpretation of the traditional one-ring
European circus that descended from the performing arenas of ancient Rome. Giovanni stars in the circus as
Nino the clown. His sisters , Tosca and Carla also perform in the circus as do their husbands. Since Alberto 's
death , his wife Sandy Zoppe ' has taken the reins to open and close each show in between cooking the meals for
her performing children .
Zoppe ' says an emphasis on a central story and family involvement in the acts set his show apart from the three-
ring circuses made popular by Barnum & Bailey which are common in the U.S.
"Nobody in the world is presenting circus as we are . Italy is where tradition still reigns , and family is central to
the performance ," Zoppe ' says. "Family and circus are the same word to me."
Even projects are a Zoppe ' famil y affair. Prior to Alberto 's death , he and Giovanni began work on a new tent for
the family to use for their circu s performance. The tent is a replica of the pioneering tent that Alberto created in
1952.
Zoppe' says his father 's tent was the first to use four rather than two poles , bringing the audience closer to the
ring and allowing for a more participatory show . He also claims Alberto was first to put a hole at the top of a
tent, allowing hot air to escape. In the more than 50 years since, many other circu s companies have copied the
format, including Bi g Apple and Cirque de Solei I, according to Zoppe '.
The cream-colored tent, named Veneto after the region in Italy where Alberto was born , sports an antique feel
and will make its debut at De nver 's Mile High Marketplace where the troupe will be performing in August.
Five years in the making, the tent is a massive structure that stands 15 Y2 feet high and 27 meters round . Fifteen
men are needed to assemble the tent , which will comfortably seat up to 800 while keeping every single audience
member no farther than 20 feet away from the performance ring.
Veneto is made from special blackout tent material imported from France that creates a traveling theater. The
Zoppe ' Family Circus opens at Mile High Marketplace for the limited engagement performances August 20 ,
continuing through Aug . 2 3, and again from Aug . 27-29 . Circus admission is $13 per person and includes
Marketplace admission and free parking. Kid s II and under enter free with paying adult. Performance times
vary .
"We were looking for a very special place to erect Veneto for the first time," Zoppe' says . "Mile High
Marketplace offers the perfect family-friendly location to do it. We are thrilled to share this exciting and
emotional experience with the people of Denver."
And yet the tent won 't be the only Zoppe ' family original to make it s debut at Mile High Marketplace . Julien
joins his father 's act for the first time under the new big top when the circus bows in Denver. One era ends ,
another begins.
"~ ~ ~
... ~ ., City of • --~Wheat&__dge ~ARKS AND RECREATION
Memorandum
TO: Mayor and City Council
THROUGH: Patrick Goff, City Manager
FROM: Joyce Manwaring, Parks and Recreation Director
DATE: December 19 , 201l
SUBJECT: Zoppe Family Circus
The Zoppe Family Circus would like to locate the event at Anderson Park in conjunction with
the Carnation Festival. They are requesting that the tent be erected on the soccer field which is
the grass area south of the outdoor pool. The event would be set up for approximately two
weeks. Set up includes a large circus tent , bleachers inside the tent , several support trailers and
vendor booths.
Attached is a site plan that shows the proposed set up.
The purpose of this memo is to provide information on the potential impacts to the park and the
field. The following is a list of items for consideration.
1) Possible field damage from foot traffic and lack of irrigation during the two week
period -Two references were submitted from locations where the circus has been
held in the past and both references state the turf area was not damaged. It is
difficult to predict whether the field will suffer any damage that would require
repair until after the conclusion of the first year of the event.
);;;> Location of the tent would be coordinated to avoid irrigation heads , and the
lines would be marked prior to set up as a means to minimize damage from
vehicles and tent stakes.
2) As the host of the event the City will incur some in-house costs -These include
staff time to provide and coordinate the required items in the contract, which
include marking all heads and lines of the irrigation system, any field repair
required , as well as costs to provide water and electricity to the event.
3) Rescheduling of soccer games for the fall season 2012 -The soccer schedule
current} y lists games starting October 1, 2012 , at Anderson Park. If damage should
occur to the field , games can be moved to the Recreation Center field . The
Recreation Center field and Anderson field are interchangeable game fields ;
however, scheduling at the Recreation Center field is dependent on the size of
events scheduled at the Center and the quantity of parking needed for these events.
ATTACHMENT 6
Mayor and City Council
December 19 , 2012
Page2
4) Due to anticipated parking requirements for the Zoppe Family circus, other events
in the park would not be scheduled for that week -These events include baseball
games and the pavilion rental. It is not unusual for the department to block field
usage and pavilion rentals on a specific date, to accommodate special events in the
park. For example, this occurs when the outdoor pool is the location for either a
regional or state swim meet.
The impact of the most concern is damage to the irrigation system and turf. Based on the
information provided to date and staff analysis of the proposal , it is possible to locate the tent on
the site as requested. It is not possible to estimate costs associated with irrigation and turf repair
at this time .
JM/dr
Attachment: Zoppe Family Circus Site Plan
2
Council Action Form
January 9 , 2012
Page2
DRCOG, Council Representative -Council Member Joyce Jay, with Council Member Bud
Starker appointed as alternate.
Jefferson Economic Council Member-Council Member Davis Reinhart
Jefferson County Housing Rehab Loan Committee Member -Council Member Joseph DeMott
There were no changes to the remaining Committees but they are included in the motion for
documentation purposes.
RECOMMENDED MOTION:
"I move to appoint Council Member Davis Reinhart to the Colorado Municipal League, Policy
Committee Member, with Council Member Bud Starker appointed as alternate.
I move to appoint Council Member Joyce Jay to DRCOG , Council Representative, with Council
Member Bud Starker as alternate.
I move to appoint Council Member Davis Reinhart to Jefferson Economic Council.
I move to appoint Council Member Joseph DeMott to the Jefferson County Housing Rehab Loan
Committee.
I move to appoint ___________ to the Jefferson County Wide Trans Committee.
I move to appoint Council Member Mike Stites to the Police Seizure Fund .
I move to appoint City Clerk Janelle Shaver to the Jefferson County Corrections Board.
I move to appoint Mayor Jerry DiTullio to the Community Development Block Grant Committee
with Sally Payne as alternate."
Or
"I move to deny the appointment of _____________ for the following
reason(s) _________________ "
REPORT PREPARED BY:
Janice Smothers , Admin. Assistant to the Mayor and City Council
Janelle Shaver, City Clerk
Council Action Form
January 9, 2012
Page2
RECOMMENDED MOTION:
No action is recommended at this time.
REPORT PREPARED BY:
Janice Smothers, Admin. Assistant to the Mayor and City Council
Janelle Shaver, City Clerk
ATTACHMENTS:
1. Rules of Order and Procedure
.... ~J.~
~of WheatRi__dge
ULES OF ORDER AND
PROCEDURE
CITY COUNCIL
WHEAT RIDGE,
COLORADO
TABLE OF CONTENTS
AUTHORITY ............................................................................................................ 3
GENERAL RULES ................................................................................................... 3-4
ABSENCE FROM MEETINGS ............................................................................. 3
RIGHT OF FLOOR ........................................................................................... 3
ELECTED OFFICIALS' MATTERS ....................................................................... 4
CITY ATTORNEY ............................................................................................ 4
CITY CLERK .................................................................................................. 4
PARLIAMENTARIAN ........................................................................................ 4
TYPES OF MEETINGS ............................................................................................ 4-6
BUSINESS MEETINGS .................................................................................... 4
ADJOURNED MEETINGS .................................................................................. 5
EXECUTIVE SESSIONS ................................................................................... 5
INFORMAL MEETINGS ................................................................................. 5-6
ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL
GATHERINGS ................................................................................................ 6
CHAIRMAN, MAYOR PROTEM AND THEIR DUTIES .................................................... 6-7
CHAIRMAN .................................................................................................... 6
MAYOR PRO TEM ........................................................................................ 6-7
PRESERVATION OF ORDER ............................................................................. 7
POINT OF ORDER .......................................................................................... 7
ORDER OF BUSINESS AND THE AGENDA ............................................................... 7-10
ORDER OF BUSINESS ..................................................................................... 7
AGENDA ....................................................................................................... 8
AGENDA ITEMS ............................................................................................. 9
PUBLIC HEARINGS ......................................................................................... 9
ORDINANCES ON FIRST READING ................................................................... 9
TIME OF ADJOURNMENT ............................................................................... 10
ORDINANCES, RESOLUTIONS, AND MOTIONS ................................................. 10
RECONDIDERATION ................................................................................ 10
CITY ATTORNEY TO APPROVE ................................................................... 10
CITIZENS' RIGHTS ................................................................................................. 11
CITIZENS' RIGHT TO SPEAK ......................................................................... 11
CITIZENS' RIGHT TO SPEAK ON AGENDA ITEMS ............................................. 11
WRITTEN COMMUNICATIONS ........................................................................ 11
SUSPENSION AND AMENDMENT OF THESE RULES ................................................ 11 -12
SUSPENSION OF RULES ............................................................................... 12
AMENDMENT OF RULES ................................................................................ 12
REVIEW ...................................................................................................... 12
APPROPRIATIONS .................................................................................................. 12
2
RULES OF ORDER AND PROCEDURE FOR THE CITY
COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO
AUTHORITY:
The Charter of the City of Wheat Ridge provides that the Council may
determine its own rules of procedure for meetings. The following set of rules
shall be in effect upon their adoption by the Council until such time as they
are amended or new rules adopted in the manner provided by these rules.
GENERAL RULES
A . ABSENCE FROM MEETINGS:
In the event that a Council Member is absent from a meeting, the member
shall notify the City Clerk, and the City Clerk will duly notify the City Council
at the beginning of the meeting why said Council Member is absent.
B. RIGHT OF THE FLOOR:
1. The presiding officer must first recognize each Council Member
requesting to speak on an agenda item unless limited by a motion to
limit debate or for calling the question.
2. Speakers shall confine themselves to the question under discussion.
All discussion must be germane to the agenda item.
3. Members of Council shall avoid personal attacks and refrain from
impugning the motives of any member's argument or vote.
4. Each Council Member shall have the right to speak two (2) times for
up to five (5) minutes each time to ask questions on each agenda
item. Answers to questions will be included in the time and the time
will not be cumulative. Before a vote, each Council Member shall have
an additional three (3) minute period to make a summation.
5. No Council Member shall be allowed to speak more than once upon
any one agenda item until every other member choosing to speak
thereon shall have spoken.
6. Once a vote has been taken, there shall be no further discussion on
that motion or Agenda Item unless a motion to reconsider is adopted.
7 . In the event of an amendment, the maker of the amendment shall
have one {1) three (3) minute period to make the amendment and
speak to the amendment. All other members of Council shall have one
{1) two (2) minute period to speak to the amendment.
3
C. ELECfED OFFICIALS' MATIERS:
This is the time that elected officials and staff may make comments on
any subject. Time limit per elected official and staff will be five (5)
minutes.
D . CITY ATIORNEY:
The City Attorney, or acting City Attorney, shall attend all meetings of the
Council unless excused by the City Council and shall, upon request, give
an opinion, either written or oral, on the question of law.
E. CITY CLERK :
The City Clerk, or designated representative, shall attend all meetings of
Council and shall keep the official minutes.
F. PARLIAMENTARIAN:
1. The Mayor ProTem shall also function as the Council Parliamentarian.
2. The Parl iamentarian shall adv ise the Chair and members of Council on
parliamentary rules .
TYPES OF MEETINGS
I A. BUSINESS MEETINGS :
1. The Council meets in the Municipal Building for Business, Study,
Adjourned, and Special Meetings, unless otherwise specified.
2. Council Business Meetings are held the second (2nd ) and fourth ( 4th1
~qeAaayl Monday of each month at 7:00 PM unless otherwise specified.
3. Study Sessions are the first {1 st ) and third (3rd ) Monday of each month
at 6:30p.m., unless otherwise spec ified .
4. Study Sessions shall be for the purpose of discussion of concepts and
ideas. No formal business shall be conducted. Consensus votes
during all Study Sessions are non-binding, and unless the issue is
disposed of at a Business, Adjourned, or Special Meeting, may be
amended or reconsidered in that or any future Study Session .
a) Public Testimony will not be allowed at Study Sessions
unless waived by City Council.
4
B. ADJOURNED MEETINGS:
Any Meeting of the Council may be adjourned to a later date and time,
provided that no adjournment shall be for a period longer than the next
Council Business Meeting.
C. EXECUTIVE SESSIONS:
1. The Council may meet in Executive Session on a vote of a majority of
City Council in a regular business meeting (Charter-Sec 5. 7).
2 . No notes may be taken during an Executive Session except by the City
Clerk and/or City Attorney.
3. If at any time during the session, a Council Member feels that a matter
is being discussed other than that stated, that member should so state
and may request that the session be terminated. Upon consensus vote of
Council Members present, the session shall be terminated.
D. INFORMAL MEETINGS:
1. Five (5) or more members of Council may attend informal meetings
held for the purpose of acquiring information and discussion topics
provided that public notice of the meeting is posted in the location
establishing for posting of all Wheat Ridge meetings at least 72 hours prior
to the meeting, listing the topic of the meeting, its location, time, and
date. The location of this posting shall be the bulletin board outside the
City Court room in City Hall.
a) Copies of the notice shall be given to all City Council Members, the
City Clerk, at least 72 hours before the meeting.
b) The City Clerk is responsible for the posting of the Meeting.
2. Any THREE or FOUR Council Members may attend informal meetings
held for the purpose of acquiring information and discussing topics. SUCH
MEETINGS MUST BE OPEN TO THE PUBLIC, BUT NO NOTICE IS REQUIRED
UNLESS FORMAL ACTIONS WILL BE TAKEN.
3. Meetings involving no more than two Council Members, whether in
person or by telephone, shall not be subject to any of the requirements in
this Rule.
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4. In no event, shall any vote or other action or decision be taken . Th is
Rule (D) (4) shall not apply to standing Council Committees.
5. All Meetings shall be open to members of the public and the press.
E. ATIENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL
GATHERINGS:
1. The purpose for this rule is to permit the City to be represented by its
elected officials at meetings of other groups or organizations, i ncluding,
without limitations, intergovernmental organizations, neighborhood
organizations, business and service organizations, and other organizations
or groups with whom the City has a relationship .
2 . Any member of Council and the Mayor may attend meetings of other
groups without prior notice, provided however, that any such meeting, if
attended by three or more members of the Council, is open to the public,
pursuant to Section 24-6-401, et seq., C.R.S.
3. Social gatherings, at which the discussion of public business is not the
central purpose, shall not be subject to any of the requirements of Rule .E
F.
CHAIRMAN, MAYOR PROTEM AND THEIR DUTIES
A. CHAIRMAN:
1. The Mayor shall preside over the meeti ngs of the Council.
2 . In the absence of the Mayor, the Mayor Pro Tern shall preside.
B. MAYOR PRO TEM
1. At the first or second business meeting i n November of each year,
the Council shall nominate by secret paper ballot, and elect by motion
upon a majority vote, a Mayor Pro Tern who shall serve until their
successor is elected . The procedure shall be as follows:
• The presiding officer will announce that the floor is open for
nominations for the position of Mayor ProTem.
• Nominations will be taken from City Council members by voice. No
second is needed .
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• Each nominee will have the opportunitv to address the Council.
The order of address and length of time may be determined in
advance by the Council.
• Each Council member will mark the paper ballot (provided by the
Citv Clerk in their agenda packet) with the name of the nominee
they wish to vote for and fold the paper in half to ensure secrecy .
• The Citv Clerk will collect the ballots. tally the results. and return the
written name of the majoritv vote receiver to the presiding officer.
who will announce the highest vote getter.
• In the event of a tie. the Mayor will cast a paper ballot. to be
delivered to the Citv Clerk for inclusion into the election tally.
• A motion and second is then in order to elect. by acclamation . the
highest vote getter to the position of Mayor Pro Tern . The Council
is encouraged to confirm the nomination unanimously: however.
Council Members are not required to vote for this person . If the
motion is not carried . additional motions are in order until a Mayor
Pro Tern is elected by a majoritv of Council.
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2. If presiding, the Mayor Pro Tern shall have the voting privileges of a
regular Council Member.
3. The Mayor Pro Tern's duties shall include reviewing and setting the
Agenda on Wednesday prior to Council Meetings and determination of
emergency items at Council Meetings. The Mayor Pro Tern shall have
the authority to pull any item off the Agenda with the exception of an
item placed on the Agenda by two (2) Council Members .
4. The Mayor Pro Tern shall arrange for, and coordinate the
orientation of all newly elected officials within two months after the
election.
C. PRESERVATION OF ORDER:
The Chairman shall preserve order and decorum, prevent personal attacks
or the impugning of members motives, confine members in debate to
questions under discussion, be responsible for conducting meetings in an
orderly manner, assure that the minorjtyFAajorit't' opinion may be
expressed and that the majority be allowed to rule.
D. POINT OF ORDER:
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The Chairman shall determine all Points of Order, subject to the rights of
any Council Member to appeal to the Council.
ORDER OF BUSINESS AND THE AGENDA
A. ORDER OF BUSINESS
The general rule as to the Order of Business in regular Council Business
Meetings is stated thus:
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• ROLL CALL
• APPROVAL OF MINUTES
• PROCLAMATIONS AND CEREMONIES
• CITIZENS RIGHT TO SPEAK
• APPROVAL OF AGENDA
• CONSENT AGENDA
• PUBLIC HEARINGS, ORDINANCES ON SECOND READING, FINAL
SITE PLANS
• ORDINANCES ON FIRST READING
• DECISIONS, RESOLUTIONS AND MOTIONS
• COMMffiEE REPORTS
• CITY MANAGER'S MATIERS
• CITY ATIORNEY'S MATIERS
• ELECTED OFFICIALS' MATIERS
• EXECUTIVE SESSION (AS NEEDED)
• ADJOURNMENT
B . AGENDA
1. The order of business of each meeting shall be as contained in the
Agenda prepared by the City Clerk.
2. For good cause shown, and by majority vote of the City Council
during any City Council meeting, the order of business for that
meeting may be changed. The City Manager and City Attorney may
propose to add items to the Agenda under "Approval of Agenda".
3. Agenda shall be listed by topic of subjects to be considered by the
Council and shall be distributed by 5:00 p.m . on the THURSDAY prior
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to the Monday of Council Meetings. In the event of a holiday, the
material shall be distributed not later than noon on the FRIDAY prior to
the Monday meeting.
4. The City Clerk's Office shall be notified of the sequence of the
Agenda Items by noon on the WEDNESDAY preceding the Monday on
which Council meets. All backup material and documents shall be filed
with the Clerk's office by 5:00 p.m. on that day in order to be included
in the Council packet.
5 . ORDINANCES TO BE WRffiEN BY THE CITY ATTORNEY, OR STAFF,
SHALL BE APPROVED BY A P4AJORITY VOTE OF COUNCIL P4EP4BERS
PRESENT, BEFORE IT CAN BE INCLUDED IN THE AGENDA. A majority
of Council Members oresent is reguired to direct the Citv Attorney or
staff to draft an ordinance to be included on the agenda.
6. If a Council Member asks that an item be added to the Agenda, it is
the responsibility of that Council Member to provide backup material
for the Council packet as to the subject or arrange for that backup
material to be prepared. No item may be included in the Agenda
without proper backup.
7 . A majority vote of City Council Members present may also add or
delete an item from the agenda at the beginning of the Council
Meeting. In Business Meetings, this must be done before Public
Hearings and Second Readings .
8. The first option of introducing Agenda Items at a Council Meetings
shall go to a representative of the Council District to which the Agenda
Item pertains. Council Agenda items not specific to a Council District
may be introduced by any member requesting such privilege from the
Chair in advance of the meeting or requesting to introduce the item at
the meeting.
9. Fiscal Notes. Prior to any item being placed on the agenda, the City
Manager shall prepare a brief explanatory note that shall include a
reliable estimate of the anticipated change in the expenditures or
revenues to the City and whether such expenditures or revenues shall
be recurring in nature during future budgets years. This shall include
any principal and interest payments required to finance expenditures.
The note shall be known as a "fiscal note".
C. AGENDA ITEMS
Council Members or the Mayor may originate an agenda item with the
approval of one other Council Member. Each Council Member and the
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Mayor shall be allowed to originate only two (2) items per month to be
added to the Agenda of regularly scheduled Council Business Meetings.
1. Standing Council committees may place items on Council Agendas for
further action or discussion.
2. Motions made by Council Members, which are not in the Council
packet, must be submitted to the City Clerk and Mayor in writing during
the Council Meeting so it may be repeated, and included in the minutes.
3. During a City Council Business Meeting, under the Ee lected Oefficial's.
Ce ity Mffianager's or Ce ity A-a ttorney's matters portion of the agenda. or
at a Study Session .a_either b•t' Council Member._s &_-Btythe City Manager._
or the City Attorney may reauest that an item be , these items eaA be
seheduledadded to a future Agenda for consideration . reE'Iuested for
seheduliA§ uAder the eleeted offieials f)OrtioA of the a§eAda .
4. ~City pqaAa§erManager may add administrative and operational
items to the agenda prior to or at the beginning of any meeting .
D. PUBLIC HEARINGS
All speakers must sign up on the appropriate roster, indicating whether they
intend to speak in favor of, or in opposition to._ a particular Agenda Item.
The Council shall not entertain a motion for the final disposition of the matter
until the City staff and applicant have made their presentations, if any, and
the public hearing has been closed, provided, however, that motions
regarding the conduct, scheduling or continuation of the public hearing itself
shall be proper at any time.
E. ORDINANCES ON FIRST READING
It is the goal and desire of City Council to allow all interested parties to
provide input during the Public Hearing/Second Reading on all proposed
ordinances. A full, complete, and open discussion of all proposed ordinances
is encouraged during the Public Hearing.
Therefore, public comment and staff presentations will occur only during the
Public Hearing/Second Reading. First Reading will be for the purposes of
setting proposed ordinances for publication, and establishing a date for the
Public Hearing/Second Reading. Amendments to a proposed ordinance can
be made during a First Reading, following the guidelines for offering
amendments in the City Council Rules of Order and Procedure.
F. TIME OF ADJOURNMENT
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At 11:00 P.M., the City Council shall complete action on the Agenda Item
then under discussion and shall adjourn the meeting. Prior to such
adjournment, the Council may take any or all of the following actions:
1. Acting by 3f4 majority vote, complete all or portions of the
remaining Agenda.
2. Acting by a majority vote, schedule any unfinished items for future
regular Council Business Meeting.
3. Acting by majority vote, continue the meeting to a later date and
time certain.
.ORDINANCES1 RESOLUTIONS, AND MOTIONS
A. RECONSIDERATION
1. A motion to reconsider can be made only by a Council Member
originally voting with the prevailing side.
2. Such motions shall be made only at that or the next regularly
scheduled Council Business Meeting. A continued or rescheduled
meeting shall be considered at a next scheduled Council Business
Meeting for the purpose of Reconsideration.
3-:-Ifjf not reconsidered at that time, the issue cannot be placed on ·
any agenda for six (6) months.
4-:l.:..__A motion to reconsider shall require an affirmative vote of a
majority of the entire Council.
5-:-.1......_A COUNCIL MEMBER WHO HAS BEEN ABSENT FROM A PRIOR
MEETING MAY VOTE ON A RECONSIDERATION PROVIDED SUCH
COUNCIL MEMBER HAS LISTENED TO THE TAPE OF THAT AGENDA
ITEM IN THE CITY CLERK'S OFFICE PRIOR TO THE MOTION FOR
RECONSIDERATION.
B. CITY ATIORNEY TO APPROVE:
All Ordinances and Contracts shall be "Approved as to Form" by the
City Attorney.
CITIZENS' RIGHTS
A. CITIZENS' RIGHT TO SPEAK:
1. Any person may speak for a maximum of three (3) minutes on any
item other than Agenda items.
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2. Speakers must sign the Public Comment Roster.
3. Citizens Right to Speak shall always precede all other official
business except Call to Order, Pledge of Allegiance, Roll Call,
Approval of Minutes and proclamations or Ceremonies .
4. There shall be no restriction on the number of citizens who wish to
speak.
5. The content of any speaker's comments cannot be censored .
6. Persons in attendance shall be allowed to donate time to other
speakers to a maximum of nine (9) minutes, including the three (3)
minutes the original speaker has.
7. The Chair will entertain no written comments unless a member of
the public is present to read them into the record. A Council
Member may read written comments into the record with the
approval of the majority of the Council present.
8 . Council has the choice whether or not to respond to citizens after
the closure of the Citizen Comment portion of the meeting.
B. CITIZENS' RIGHT TO SPEAK ON AGENDA ITEMS:
Any person desiring to speak on an agenda item must sign the
appropriate roster in Council Chambers and confine their remarks
to the relative item . There shall be no time limit applied unless
deemed appropriate by the Chair.
C. WRITTEN COMMUNICATIONS:
All written communications to Council must be signed. If not
signed, the written communications may not be accepted.
SUSPENSION AND AMENDMENT OF THESE RULES
A. SUSPENSION OF RULES:
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Any provision of these Rules not governed by City Charter or Code
of Laws may be temporarily suspended by a three-quarters (3/4)
majority vote of Council Members present.
B. AMENDMENT OF RULES:
These Rules may be amended, or new Rules adopted by a majority
vote of Council Members, provided that the proposed amendments or
new Rules shall have been submitted in writing to Council at a
preceding meeting.
C. REVIEW:
These Rules will be reviewed by Council within three months of an
election or filling of a vacancy of Member(s) of Council, Council may
review these Rules at any time upon request of any member of
Council.
APPROPRIATIONS
Council cannot approve an appropriation under City Manager's Matters,
City Attorney's Matters, or Elected Officials' Matters.
Updated January 10, 2011
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