HomeMy WebLinkAboutCity Council Agenda Packet 04/13/2015City Council Minutes March 23, 2015 Page 2
leadership and guidance, and of course, the staff, without whom this award would not
have happened.
Institute for Environmental Solutions -Trees for the Greenbelt
Mayor Jay introduced the officers of Institute for Environmental Solutions (IES):
Carol Lyons, IES Executive Director, Sean Mangus, IES Tree Project Manager, and
John Kelly, IES Growing the Greenbelt Program Coordinator.
Councilmember DiTullio, who has been involved with this program, had City Forestry
supervisor Margaret Paget join the group. He explained this is the third year that the
Parks Department, IES and his WRHS Career Exploration Classes (about 30 students)
will be working in the greenbelt to plant trees, build wildlife protection devices for trees,
and learn about parks and forestry careers. He presented IES with additional monies
that will be used to purchase larger and more trees:
• Donation of public outreach funds from Councilmembers Starker, Wooden, Pond,
DiTullio and City Manager Patrick Goff totaling $1,100
• Personal check from Mayor Jay for $100
• Personal check from City Attorney Jerry Dahl $100
Carol Lyons gave remarks about working with Mr. DiTullio, Margaret Paget, and all the
community volunteers on the challenge of keeping up the priceless jewel the Greenbelt is
without a lot of resources. They are still replacing trees from the storm of 2009, but the
survival rate has been high-90%. Volunteers are welcome to join them Friday, April 17
from 9:00-noon in the Greenbelt. Tonight's donations will be used to match a $2,000
grant from the Colorado Tree Coalition.
CITIZENS' RIGHT TO SPEAK
Vivian Vos (WR) invited everyone to a joint community meeting of Citizens for an
Inclusive Wheat Ridge and Keep Wheat Ridge Local this Wednesday, March 25 at
6:30pm at the WR Grange just east of the WR5-8 school. Anyone can attend .
Kim Calimino (WR) thanked members of the WR2020 Wheaties Academy leadership
academy for their community engagement. -She congratulated Patrick Goff on his
award and thanked him for his recent Connections article on the importance of civil
discourse. -She invited everyone to the last WR2020 Food & Film series this
Wednesday at 6pm at the Active Adult Center. The film is Food Patriots, a documentary
on how our food systems and small changes can make a difference in our food sources.
APPROVAL OF AGENDA
Motion by Councilmember DiTullio to move Item 8, the discussion of the public survey to
the April 6 study session when all councilmembers can be present; seconded by
Councilmember Starker; carried 6-0.
City Council Minutes March 23, 2015 Page 3
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
1. Council Bill No. 07-2015 -An Ordinance providing for the sunset of the Animal
Welfare and Control Commission
Councilmember Urban introduced Council Bill No. 07-2015.
This Commission that has functioned since 1977 is no longer needed. The Police
Department takes care of everything.
Clerk Shaver assigned Ordinance 1569.
Mayor Jay opened the public hearing.
City Attorney Dahl informed the Council that he believes all the references to the Animal
Control Commission have been removed from the Code.
Public Comment
Heather Cameron from the Foothills Animal Center was present to praise the Wheat
Ridge Police Department's Animal Control Officers and spoke about the Center.
Nancy Snow (WR) spoke in opposition to getting rid of the Animal Welfare and Control
Commission. She knows it's a done deal, but thinks it's sad. She appreciates the
volunteers who serve their community and hates to see them dumped. In the past they
have been very helpful with neighborhood disputes over animals. Now there will be no
neighborhood mediation, only police action and giving tickets.
Chief Brennan offered that the City does more than enforcement; they have started
mediation services and education programs. He believes times have changed . He
recognized the expertise of the Commission members and said his department will use
their expertise in the future.
Mayor Jay closed the public hearing.
Motion by Councilmember Urban to approve Council Bill No. 07-2015, an ordinance
providing for the sunset of the Animal Welfare and Control Commission and that it take
effect fifteen days after final publication; seconded by Councilmember Pond ; carried 5-1 ,
with Councilmember DiTullio voting no.
ORDINANCES ON FIRST READING
2. Council Bill No. 08-2015 -An Ordinance authorizing and approving a Lease
Purchase Financing Agreement for Solar Panels with Alpine Bank and, in
connection therewith, certain related documents and transactions
City Council Minutes March 23, 2015 Page4
Councilmember Pond introduced Council Bill No. 08-2015.
This agreement for $800,000 will be used to finance the purchase of 40% of the power
from the Jefferson County 2 solar array for 228.42 kilowatt hours. $776,628 is for
purchasing the solar array panels; $23,372 is for financing origination fees. These
monies will be financed over 15 years at a rate of 5.70%. -The City will be receiving
credits on Xcel's electric bills that will be used to pay off the capital investment. When
the initial capital investment has been paid off, the bill credits will become income for the
City that may be used to offset a portion of electricity costs.
Motion by Councilmember Pond to approve Council Bill No. 08-2015, an ordinance
authorizing and approving a lease purchase financing agreement for solar panels with
Alpine Bank and, in connection therewith, certain related documents and transactions, on
first reading, order it published , public hearing set for Monday, April 13, 2015 at 7:00p.m.
in City Council Chambers, and that it take effect immediately upon adoption ; seconded by
Councilmember Langworthy; carried 6-0.
DECISIONS, RESOLUTIONS AND MOTIONS
~ Motion to approve award of ITB-15-01 Kipling Multi-Use Trail to Technology
Constructors, Inc., Arvada , CO, in the amount of $2 ,210,37 1 with a contingency
amount of $375,000, for a total amount of $2 ,585,371
Councilmember Langworthy introduced Item 3.
Federal monies have been awarded to the City to build a multi-use trail on the east side
of Kipling from 32"d Avenue to 44th Avenue. The trail will serve pedestrians and
bicyclists.
Staff was available for questions.
• Council member DiTullio asked about the status of the undergrounding along
Kipling between 32"d and 35th. Mark Westberg, City engineer, reported that Xcel
finished some time ago. He is waiting for a status report form Comcast. We have
to enter into a contract with Century Link for about $80,000 to pay them to
underground their portion. When that is resolved and we hear back from Comcast
it shouldn't take long.
• Councilmember Langworthy asked if the undergrounding would be finished before
the trail is started. Mr. Westberg assured Council that several pieces of this
project can be started prior to completion of the undergrounding (e.g. the bridge).
The construction schedule should not be affected .
• Mr. Westberg happily noted that the Contract was $15,000 below the City's
estimated cost. Following a pre-construction meeting with the contractor staff will
inform Council about the construction schedule.
• Councilmember Urban asked about the contingency money. Mr. Westberg said
this fund will cover the payment to Century Link, a quality control consultant, and a
City Council Minutes March 23, 2015 Page 5
construction consultant (as was done with 32"d & Youngfield) to assist with the
overwhelming amount of paperwork involved with federal money. -Contingency
funds are usually about 10%, but this one is about 17% because it includes the
money for Century Link. Doing it this way will allow for federal reimbursement.
Motion by Councilmember Langworthy to award of ITB-15-01 Kipling Multi-Use Trail to
Technology Constructors, Inc., Arvada, CO, in the amount of $2,210,371 with a
contingency amount of $375,000, for a total amount of $2,585,371; and further to charge
$22,104 to the Capital Investment Fund and deposit $22,104 in the Public Art Fund;
seconded by Councilmember Starker; carried 6-0.
4. Motion to accept Kipling Street Right-Of-Way and temporary construction
easements from adjacent property owners for the Kipling Street Multi-Use Trail
Project
Councilmember Langworthy introduced Item 4.
Most of the rights-of-way and temporary construction easements that are necessary for
construction of the Kipling Trail have been acquired and were accepted last October.
This motion will accept the acquisition of two additional parcels. Acquisition of a third and
final parcel is still in negotiations.
Motion by Councilmember Langworthy to accept Kipling Street right-of-way and
temporary construction easements from adjacent property owners for the Kipling Street
Multi-Use Trail Project; seconded by Councilmember Starker; carried 6-0.
~ Resolution No. 19-2015 -approving a Community Solar Interest Purchase and
Energy Agency Agreement with Clean Energy Collective in the amount of
$776,628 to participate in a Solar Garden Project in Jefferson County
Councilmember Pond introduced Resolution No. 19-2015.
This resolution approves an agreement with Clean Energy Collective (CEC) that
stipulates the terms and conditions of the City's purchase of 228.42 kilowatt hours
of the power from the Jefferson County 2 solar garden. This agreement will be for 20
years and will be renewable at a minimal cost at that time.
Each month .....
• The City's electric bill will be credited for its panels' production, and
• The City will receive renewable energy certificate (REC) payments.
• The savings from the electric bill and the REC payments will be used to pay off the
capital investment.
Once the initial investment has been repaid, the bill credits and REC payments will
become net income for the City and may be used to offset a portion of electricity costs.
City Council Minutes March 23, 2015 Page6
Motion by Councilmember Pond to approve Resolution No. 19-2015 - a resolution
approving a Community Solar Interest Purchase and Energy Agency Agreement with
Clean Energy Collective in the amount of $776,628 to participate in a solar garden project
in Jefferson County; seconded by Councilmember Langworthy; carried 6-0.
6. Resolution No. 17-2015-amending the Fiscal year 2015 General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation in the total amount of
$42,436.08 for the renewal of the 2015 Three-year Support Agreement for
WRTV8 Granicus Video Streaming Services
Councilmember Starker introduced Resolution No . 17-2015.
This contract provides for the software, hardware and services to stream video of the
Council meetings. The funds will come from PEG fees (Public Educational Government)
that users pay Comcast.
Ongoing problems with Channel 8 were addressed. Mr. Goff noted a number of the
problems are associated with Comcast. There followed some discussion about the
possibility of seeing if the City could get better service for the money.
Motion by Councilmember DiTullio to continue consideration of Resolution 17-2015 for
so long as necessary to permit staff to research the availability of alternate providers, and
to confirm that the ongoing video streaming service will not be interrupted during this
time; seconded by Councilmember Urban; carried 6-0
L. Motion to reappoint John Kellow to the Building Code Advisory Board, District IV
and reappoint Sally Banghart to the Board of Adjustment, District IV, terms to
expire 3/2/18.
Councilmember Davis introduced Item 7.
These appointments were inadvertently omitted from the annual Board and Commission
appointments on March 9, 2015.
Motion by Council member Davis to reappoint John Kellow to the Building Code Advisory
Board, District IV and reappoint Sally Banghart to the Board of Adjustment, District IV,
terms to expire 3/2/18; seconded by Councilmember Langworthy; carried 6-0.
8. Citizen Survey
City Council Minutes March 23, 2015 Page 7
Per Council direction this item will be discussed at the April61h Study Session.
9. RTD Fare Study Update
Natalie Menten, RTD director for District M (Lakewood, Golden and Wheat Ridge), gave
a presentation on the RTD fare study update that was completed this month. Changes
in fare levels and structure will affect Wheat Ridge riders.
Highlights of her presentation included:
• RTD currently charges by distance (zones), which most transit systems don't use .
• The public was surveyed on how they would prefer to be charged.
• Per statues 30% of RTD's operating costs must be recovered at the fare box. The
rest is subsidized by tax dollars. Fares were last raised in 2011 .
• Denver is hard to compare to other cities because it is a large sprawling area.
• This fare proposal will get rid of transfers-which take time and incur lots of fraud.
• A single board ing fare will go from $2.25 up to $2.60 (with cash).
• Smart cards will be coming out this year that will reduce the cost by 25 cents.
(End result is the raise is only from $2.25 to $2.35.)
• Discounts (half-price fare) are available for seniors, individuals with disabilities,
Medicare recipients, and students age 6-19.
• There will also be expansion of the Day Pass and the Monthly Pass.
•
•
•
•
•
•
•
•
Fare to the airport from any distance will be a flat $10 .
She encouraged Councilmembers to have people get their wishes known before
the final decisions are made.
Some issues RTD faces:
o None of the routes pay for themselves. Some routes have acceptable levels of
subsidy; some don't.
o This year Revenue is estimated to be $537 M. The cost to operate will be
$937M.
o Example: The 38 Bus (381h Ave): Every time someone steps on the bus it costs
the taxpayers $4.32 beyond the $2.25 the rider pays.
o Example: The new rates will get RTD to slightly more than break even. Riders
far out (e.g. Conifer) have said they prefer higher rates over losing their service.
o There will be some cuts in services.
o Non-profit Agency Reduced Fare Program-RTD works with some 200 non-
profits to offer free and reduced fares to low income individuals. (In 2014 this
was a $2.5M cost to RTD .)
There will be 16 Public Hearings, including Lakewood March 25 at Colfax &
Yarrow and Arvada City Hall Monday, March 30 at 6:30pm
The RTD website is available for public comment and people who don't have
internet service can call in their comments to 303-299-6000.
Comments will be taken through thru April 8 .
The RTD Board will vote on the Day Pass fares on April 21 .
The next stage will be decisions on the Eco Pass; most passes will probably have
a 12% increase.
City Council Minutes March 23, 2015
• Vending machines are being installed in the busses from which riders can
purchase day passes. Weekly passes will be available at kiosks.
CITY MANAGER'S MATTERS
Page 8
Mr. Goff announced the annual Easter Egg Hunt this Saturday, March 28 at 1 Oam at
Panorama Park. -He reminded folks of the City's Large Item Pick-up that will be held
on Saturdays May 23 and 30. Registration begins March 30. There are 275 vouchers for
that; it's first come, first served. Acceptable item are listed on the website.
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
Tracy Langworthy reminded folks who got postcards about the meeting for bicycle path
improvements on 32nd Avenue: Wednesday, April 15\ 6:30-8:00 in Council Chambers.
Jerry DiTullio noted that the Large Item Pick-up will be in addition to the East WR Clean-
up Program.
George Pond thanked the Animal Control Commission members for their years of
service.-He congratulated Patrick Goff on his award.-He thanked Davey's
Chuckwagon for providing a room for the coffee he and Tim Fitzgerald had. There was
considerable attention given to ongoing issues at Discovery Park (graffiti, smoking,
language). They discussed setting up a Task Force and he's talked to the mayor about
that. -Mr. Goff indicated a resolution could be done to identify the mission, roles and
duties of the task force.
Kristi Davis thanked the members of the Animal Control Commission and thanked the
Code Enforcement officers who handle animal issues. -She shared a poster of pictures
taken by select Wilmore Davis 6th graders. They are from a photography program,
headed by retired teacher, Dick Carkeek, who lives near the school, members of the
Denver Photographic Society who come help the students take pictures, and Walgreens
on 44th that donates the pictures. The poster will be on display in the lobby of City Hall.
Zach Urban announced he will be joining the WR Police on April 4 for a fund raiser for St.
Bald rich's, an organization that helps research and support families with children who
have cancer. His best friend growing up is a Thornton Police officer whose little son has
a rare form of cancer. His goal is to raise $1 ,000 and have his head shaved. If you see
him with his head shaved next time, you will know what it's for.
Council Action Form -Crack Seal Bid Award
April 13 ,2015
Page2
project. The bids were comprised of a Base Bid and Bid Alternate I. Bid Alternate 1 was
prepared as a bid option, so that if the cost was favorable, additional work for other minor
projects could be added to the project. The base bid covers the crack sealing of City streets, as
prioritized, and the bid alternative addresses the crack sealing of the Recreation Center parking
lot.
Bid Ranges
Base Bid: $76,900 -$132,250
Alternate Bid I: $2,812.50-$8,887.50
Engineering Estimate
$74,325
$2,700
The out-of-state low-bidder requested a waiver of the 80% Colorado Labor Law, H.B.I3-1992,
Keep Jobs in Colorado, which was denied, and the bid was deemed non-responsive. The second
to the lowest bid amount was detennined to be from a responsive and responsible bidder. The
company's references and experience were evaluated by Public Works staff as a basis for
recommendation. The qualified, apparent low responsible and responsive bidder is Precise
Striping, LLC, Commerce City, Colorado, with the bid amount of $84,912.50.
Staffhas verified that the work can be accommodated within the available budget, approval. A
5% contingency amount of $4,245 is requested for the cost of other items related to the project.
RECOMMENDATIONS:
Based upon the contractor's demonstrated capabilities and experience on previous City projects,
staff recommends the bid award to Precise Striping, LLC.
RECOMMENDED MOTION:
"I move to award ITB-15-05, 2015 Crack Seal Project, to Precise Striping, LLC, Conm1erce City,
Colorado, in the total amount of$84,912.50 with a contingency amount of$4,245, for a total amount
of$89, 157.50."
Or,
"I move to deny the award ofiTB-15-05, 2015 Crack Seal Project, to Precise Striping, LLC,
Commerce City, Colorado, for the following reason(s) ______________ "
REPORT PREPARED/REVIEWED BY:
Steve Nguyen, Engineering Manager
Jennifer Nellis, Purchasing Agent
Scott Brink, Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS:
1. Bid Tabulation Sheet
~ .. • n ~
3
CD ::a .. ....
1408 Crack Seal I 2,250ILB I $2.001 $4,500.001 $3.951 'SiMtS!l $1.501 $3,375.001 $1.251 $2.812.501 $1.201 $2,700.001
$98,250.00 $90,000.00 $84,912.50 $77,025.00
Front End Wheel Loader Replacement
April 13,2015
Page2
Colorado. The price quoted is less than the bids received by COOT as many of the options quoted
in the COOT bid are not needed for the City's use.
The original price of the existing 1997 wheel loader was $71 ,076. The current hour meter reading is
over 5,000 hours. The City's current replacement policy for this type of equipment is 10,000 hours
and/or 12 years of service. Overall reliability of service for this piece of equipment is fair based
upon the maintenance and repair costs for the last five years, totaling over $13,475. The current
condition of this piece of equipment is rated as poor.
The annual review of the City's fleet of vehicles and equipment identified 31 vehicles and 10 pieces
oflarge equipment that should be replaced. The City vehicle and replacement policy, revised by the
City Council in 2011 , was utilized to determine replacement eligibility. This policy essentially
provides replacement guidelines that consider long-tenn effective service life and costs for
budgeting purposes. Among the guidelines considered are high or rising maintenance and repair
costs, operating costs, excessive down-time of equipment, parts or service no longer available, poor
utilization, updated legal considerations, etc.
The vendor source and price quote were obtained by piggybacking the COOT bid, which allows the
City to obtain the best price and in accordance with the bid/purchasing requirements.
RECOMMENDATIONS:
Staff recommends the purchase of a new 2015 John Deere 624K front end wheel loader with
additional equipment from Honnen Equipment Company of Commerce City, Colorado, to replace
the existing unit. The existing front end wheel loader will be disposed of by auction.
RECOMMENDED MOTION:
"I move to approve payment to Honnen Equipment Co., Commerce City, CO, for one 2015 John
Deere 624K front end wheel loader with optional equipment in a total amount not to exceed
$165,220."
Or,
"I move to deny the approval of the payment to Honnen Equipment Co. for the 2015 John Deere
wheel loader for the following reason(s): "
REPORT PREPARED/REVIEWED BY:
Greg Knudson, Operations Manager
Scott Brink, Public Works Director
Jennifer Nellis, Purchasing Agent
Patrick Goff, City Manager
ATTACHMENTS:
l) Colorado Department of Transportation Notice of Award & Bid Tabulation Sheet
2) Honnen Equipment Pricing Quote
NOTICE OF AWARD RENEWAL
COLORADO DEPARTMENT OF TRANSPORTATION
AWARD NUMBER 311000367
(nUS IS NOT A PURCHASE ORDER, SEE NOTE
BELOW)
VENDOR NO.
OA
VENDOR NAME:
ADDRESS:
CONTACf:
PHONE:
FAX NO:
DELIVERY:
1000214
5101629
Colorado Machinery LLC
3763 Monarch St.
Frederick, CO 80S6J
Keith Jessee
303 833 5900
303 833 1441
120Days
Email kjessee@coloradomachioery .com
Re: lovitatioa For Bid # BAA IFB ll-077 MM
Period Covered: ll/13/ll tbru 11130115
ONE possible renewal option remaiDin&
INVOICE TO:
Invoice address on Purchase Order for Colorado State Agencies,
Institutions IUld political subdivisions
COMMODITY NUMBERS:
7605 I -Loaders Pnuematic Tired
This award is for the purchase of3 Yard Loaders per the specifications, tenns and conditions of COOT bid
HAA IFB 12-077 MM. This award includes trade in options.
Make and Model of unit: John Deere 624K
Award price per each unit, before options: $197,697.00
(this price includes 12' plow, general purpose bucket, quick hitch and all necessary hydraulics)
Loader with bucket and hitch, no plow:
Loader with bucket, no hitch or plow:
Options Available: See Page 2
$186,622.00
$174,684.00
Conditions or Award: A ward is made to above referenced vendor for supplying the commodity/service specified above and on any
attached supplementary pages per bid specifications to be ordered on an "as needed" basis, with Four, one year renewal periods, at
COOT option. This agreement is in year FOUR, of Five possible years total Prices shall be finn through the first 12 months of
award. Requests for any proposed pric~ changes after tbe lint 12 months must be submitted along with supporting
documentation, to COOT Purchasing, a minimum o(slxtv C60l day prior to the proposed effective date of such change. A new
award notice will be issued for each additional renewal year that COOT selects. EITHER PARTY MAY CANCEL ON 30 DAYS
WRITTEN NOTICE.
:t!.Qm; TillS AWARD IS A NOTICE OF INTENT TO PURCHASE ONLY. VARIOUS COOT PERSONNEl AS NEEDED WILL ORDER MA TERlALS.
MATERIAL ORDERED BY COOT THAT COST SSOOO.OO OR MORE PER ITEM, OR AOOREGA TE, MUST BE ORO RED VIA PURCHASE ORDER.
OTHER COLORADO STATE AGENCIES, INSTmJriONS OR POLITICAL SUBDIVISIONS MAY ORDER MATERJALS BASED ON THIS AWARD.
AGENCIES OTI~ER THAN COOT ORDERING MA TERIAI.. BASED ON THIS AWARD MUST ORDER VIA TiiEIR OWN PURCHASE ORDER SYSTEM.
COOT WlLI.. ONLY BE RESPONSIBLE FORMA TERIAL ORDERED AND RECEIVED BY IT. NO QUANTITIES ARE GUARANTEED AS A RESULT OF
THIS AWARD OUANTITfES ORPERED WILL BE BASED UPON ACilJAL REQUIREMENTS
Please direct inquiries on this award to COOT Purchasing, Approved By:
Phone: 303 512 551 l
Fax: 303 512 5552 M~ MOtJrf!,-
Michael Moore CPPB Purchasing Agent
I
Attachment 1
OPTIONAL EQUIPMENT (Table 16)
I Quick-Coupler "V" Plow to match loader size and capacity $8607.00
2 Transmission quick shift button located on the loader boom raise lever. STD
3 14 foot plow in lieu of 12 foot $1363.00
4 Additional operator manual. $108.00 s Additional shop/service manual. Test and Repair $1115.00
6 Additional parts manual. (Free online) Print version $477.00
7 Additional parts manual C-D $335.00
8 AMIFM radio. $317.00
9 Heated seat. $829.00
10 2 rear view mirrors mounted on the outside of the cab. STD
II Heated Mirrors $624.00
12 In-Line fuel heater. $2703.00
13 I 00 amp alternator. STD
14 130 amp alternator STD
Ann rest joy stick control on left side of seat to control forward, reverse,
IS boom suspension and down shift for I st and 2nd. Gears $4011 .00
Quick Detach Forks to match loader capacity
16 60" carriag;e, 60" forks $7318.00
17 Hydraulic Side shift for forks. $3013.00
18 24 to 12 volt Converter 12 AMP. Capacity STD
19 Additional converters (each) $325.00
On board scale system show bucket loaded weight and store daily total
20 with information available in cab. (Loadrite model L-2 180) $11 ,1 66.00
21 One complete set extra belts and filters $916.00
22 Deduct for 11 Ov Engine heater $118.00
23 Deduct Webasto Engine heater. $3101.00
(2) Whelen SS 360 strobes (amber-left and blue-right) mounted on rear $2758.00
corner of the cab with brackets allowing the strobes hinge below the top
of the cab when not in use. Strobes shall be wired through the ignition
switch (key operated) and individual illuminated switches on separate
24 breakers
25 Deduct LINZ6 strobes AdditionaJ Lights per Roy Smith specification $2705.00
26 Rear view camera system $3589.00
27 Deere embedded (monitor) scaJe system $3992.00
28 Differential / Axle Coolers (recommended by mfg) STD
29 LED signal and marker lights $257.00
30 Transmission Guards (recommended by mfg) $296.00
31 Reversible fan drive (recommended by mfg) $1556.00
32
33
34
NOTE: Henke "V" plow or severe duty dozer may be substituted @ no
35 additional charge.
2
OLORADO DEPARTMENT OF TRANSPORTAllON
·-----···-·-··--· -··-···-···II
BID# HAA IFB 12-077 I DATE
MM 11/2312011
FOR 3 Yard Loaders
DESCRIPTION
Make
Model
'
Price
Oe~ery Tme I Date
BUYER~~ ~-... -/ , I
~OHNQI
SlU\Qn\6NT
1'2..·13· " :.a~·~ ~N'\
m Thla II • "Bkt TlltMUtion Shelf' only IUid no CCMiitlllment Ia fNde or mpliecl
conc:emlng the awan:l of '\\'ortt" ot "Pun:haMd ~-• n. Vendot Mleded will be notiled by lhe COOT Pnlcurement
Office. Vendors wil not be rWnblnecl for goods OF seMcel ptOVIded prior to~ ndcaion by lM Proc:ulwr1wt
Office.
C,NoR.A-bO \-\ONNSN ~Q\.l\Pn\f:iNT' 11\f\t.H I N E.ll.'f
L.'"n;RUfn£
rt·ra~rl 17.. ·ll.l·l\ ,~\3Pm ·ao-.soA-m.
~r\W"-1 h'_A_ ~UN 1\:_._.:_ T~Wu h,-· -
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ISla 5~1, 00 ) '1C:: 0 J p c:/:) 1'14,, qfi't( .~ . • r
.
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qo-IZo 'bA·Lo...... qb-12ll bA"-Q. '~,... OA"---q T
'Z%:Jhm ~n n.r,. 't A '11 ...noN\ I
'I .-----..--...
• ORAOO DEPARTMENT OF TRANSPORTA110N
--..... _ .. -· \'-.. -· .. _ ....
10 # HAA IFB 12-0n I DATe M 11/23/2011
JR 3 Yard Loaders
DESCRJPTION
Make
Model
Price
Delivery Time I Date
SUYER I
~ This Ia a '9ld Tabulation Sheet" onty II'ICI no OCXIWIIIII\Ient Ia made or Implied
conc:emlng the award of 'Woi1c" or "Purchaled Goods.· The Vendor aeJec:ted will be notifiad by the COOT Procunlment
Ofllce. Vendors will not be reinbutled for gooc:Js or l8lvlces ptOYided pt1or to wr1t1en I'IOIIIic8tlon by the ProQnment
Office .
Aboee ~·~tlr. LVAE.NG~ Po~ H:,~e. IZ·t"· ll I.ISPM EQ'-ItPmGtt' EQU1PtnSJII EGuttrwctn
I z. .llJ. II AL1li11U\A~
IZ.·I~·ll 1'2.. ·.•t! iL! A-rt\ fl: 4'7 Am ll ! Z. t.C A ft'\
l rtt_ct~~ I rAT \JOL.'lO \JN_\.fO
72/f: C}_!t< L.qo& L'1t""at:.. -,.-
ISllA/~o6 J'}q 4b~ cl) ~~ n51 ~ • .,0. 2 ~ll·oP --.-
lDO ·12o hA'~ APfllL.. Z.OIL qo-•w DA'IS CJo-1 UJ b.\'1.~
Bid Clerk.
---------
DEC 14 'h PH2:00
Page2
Greg Knudson
Oty of Wheat Ridge
11220 West 451t1 Ave
Wheat Ridge, CO 80033
(1) John Deere 624K Loader, new 2015 model, Per C.D.O.T. Bid Award.
COOT Bid Price Complete, Delivered: $174,684.00
Requested Changes for City of Wheat Ridge:
};;> Remove Full Coverage Fenders I.L.O. Standard, DEDUCT-($2,918.00)
};;> Remove Secondary Steering System, DEDUCT-($2,495.00)
};;> Remove Lincoln Lube System, DEDUCT-($3,860.00)
};;> Remove Webasto TSL17 Fuel Fired Heater, DEDUCT-($3,101.00)
};;> Remove Strobe & Side Marker Lights, DEDUCT-($2,705.00)
};;> Include AM/FM/WB Radio, ADD -$317.00
};;> Include Transmission Side Frame Guards, ADD -$296.00
};;> Include Rear View Camera System, ADD -$2,589.00
};;> Include LED Signal and Marker Lights, ADD -$257.00
};;> Include Reversible Cooling Fan Drive, ADD -$1,556.00
};;> Include Blue and Amber Strobe Lights Installed, ADD -$600.00
};;> Install Weld-On Hooks for Flip-Over Forks , ADD -NO CHARGE
};;> 84 Month, 4000 hour PT&H Warranty in Lieu of Bid , ADD-NO CHARGE
Delivered Price with Requested Changes:
Sincerely,
Kevin Krausch
Territory Manager
'This proposal is good for 90 days'
$165.220.00
Council Action Form -CDOT Inspection Coordinator
April13,2015
Page 2
On July 23 , 2012, the City awarded a contract to Bohannan Huston to assist the City in acquiring
right-of-way, to design the pedestrian bridge over Clear Creek, and to design other structural
features, such as retaining walls, as needed.
On October 13 ,2014 and March 23,2015, the City Council accepted the right-of-way and
temporary construction easements from adjacent property owners along the project segment that
had been acquired to that point.
The City Council approved a construction contract on March 23 , 2015, to Technology
Constructors in the amount of$2,210,371 .
FINANCIAL IMPACT:
City staff is responsible for administration of the design and construction with reimbursement of
78% of all construction related costs not to exceed $2,4 73,000. CDOT will administer the
project's federal funding reimbursements. While the project cost is not anticipated to exceed the
project estimate, any unlikely shortfall will be provided by the City. A budget line item, titled
Kipling Pedestrian Improvements is included in the Capital Investment Program (CIP) section of
the budget to finance the project. Specifically, $2,835,000 has been allocated in 2015 for both
construction and completion of the design and the right-of-way acquisition process. Monies were
also allocated in the 20 13 and 2014 budgets for design efforts to date.
At this time, the right-of-way acquisition cost (not including engineering and professional
services) is estimated to be approximately $321 ,500. The total estimated project cost at this time,
including engineering, construction, and right-of-way is $3,312,410.
BACKGROUND:
In October 2010, the City applied to DR COG for federal transportation funds available for fiscal
years 2012 through 2017 to help finance the construction of a multi-use trail on Kipling Street
from 32"d A venue to 44th A venue. DR COG awarded the grant application in March 2011 .
This project will provide a new pedestrian and bicyclist pathway which will connect Crown Hill
Open Space, Discovery Park, the Wheat Ridge Recreation Center, and the Clear Creek Trail.
This new wider trail will also be safer for users. The proposed trail construction is the # 1 priority
in the City's Bike and Pedestrian Master Plan. In conjunction with the project, the City requested
that Xcel Energy, Comcast, and Century Link bury the overhead electric lines from 32"d A venue
to 35th Avenue. In addition, other utility relocations will be done to facilitate the trail
construction. As a result, up to three feet of additional ROW has been obtained.
The City is responsible for completing the construction plans and obtaining all required
clearances for utilities, environmental approvals, and right-of-way acquisitions. CDOT will
administer the project's federal funding, while the City will manage the project design and
construction.
To date, all of the necessary rights-of-way and easements have been acquired with the exception
of one property. The remaining parcel is moving toward closing and will be brought forth for
Council Action Form -CDOT Inspection Coordinator
April 13, 2015
Page 3
formal acceptance by the City Council as a separate action item. The project construction is
expected to commence this month.
On March 5, 2015, only one proposal was received from a consulting firm after an open process
bid solicitation. Based on the review of the proposal, the highest ranked firm was Bowman
Consulting Group, Ltd., Golden, CO. Final selection was based on qualifications, project
approach, the project team and experience on previous projects. Appropriate fees for the work
were then negotiated in the not-to-exceed amount of $45,470 including reimbursables.
The project construction may require additional services in the event that additional requirements
are warranted to complete the project construction management, which includes additional
inspections, document preparation and assistance from City staff. Staff recommends that $5,000
be added to the contract in contingency monies, should additional services be required during the
construction phase.
RECOMMENDATIONS:
Staff recommends award of the CDOT Inspection Coordinator contract to Bowman Consulting
Group, Ltd., in the not-to-exceed amount of$45,470 with a contingency of$5,000.
RECOMMENDED MOTION:
"I move to award RFQ-JN-15-06, CDOT Inspection Coordinator contract to Bowman Consulting
Group, Inc., Golden, CO, in the not-to-exceed amount of$45,470, with an additional contingency
amount of$5,000."
Or:
"I move to deny the award ofRFQ-JN-15-06, CDOT Inspection Coordinator contract to Bowman
Consulting Group, Inc., Golden, CO, for the following reason(s):
REPORT PREPARED BY:
Steve Nguyen, Engineering Manager
Jennifer Nellis, Purchasing Agent
Scott Brink, Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS:
1. Bowman Consulting Group's Proposal
"
Council Action Form -Renewal of Granicus Support for Video Streaming
Aprill3,2015
Page 2
BACKGROUND:
Granicus video streaming is an essential communication tool and provides timely and useful
information to citizens about City services and programs via the web and Channel 8. The City
contracts with Granicus, Inc. to provide the software, hardware and services to stream video of
Council meetings. In order to continue to provide WRTV8 service, staff is requesting approval of a
supplemental budget appropriation in the amount of$13,733.40 for a one year term.
The supplemental budget appropriation consists oftransferring a total of$13,733.40 in revenues
from the general fund undesignated reserves.
Per the City's franchise agreement with Comcast, PEG 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). The current balance of PEG fee revenue is $182,240.06 and the City anticipates
receiving approximately $40,000 in PEG fee payments in 2015.
RECOMMENDATIONS:
Staff recommends that City Council approve the supplemental budget request, funding the
contract renewal for one year.
RECOMMENDED MOTION:
"I move to approve Resolution No. 17-2015 - a resolution amending the fiscal year 2015 general
fund budget to reflect the approval of a supplemental budget appropriation in the amount of
$13,733.40 for the renewal ofthe 2015 support agreement for the Granicus video streaming service."
Or,
"I move to postpone indefinitely Resolution No. 17-2015 a resolution amending the fiscal year
2015 general fund budget to reflect the approval of a supplemental budget appropriation in the
amount of $13,733.40 for the renewal of the 2015 support agreement for the Granicus video
streaming service for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Heather Geyer, Administrative Services Director/PIG
Michael Steinke, IT Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 17-2015
2. Granicus Proposal Quote
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 17
Series of 2015
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2015
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT
OF $13,733.40 FOR THE RENEWAL OF THE 2015 SUPPORT
AGREEMENT FOR THE WRTV8 GRANICUS VIDEO
STREAMING SERVICE.
WHEREAS, the City Council recognizes the Channel 8 video streaming and
broadcasting as an important communication tool in informing the community about City
programming and services; and
WHEREAS, the WRTV8 Granicus video streaming services and support
agreement are essential for the broadcast of City Council and Planning Commission
meetings on Channel 8; 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 Granicus video streaming
service and support agreement
B. The City Council authorizes the transfer of $13,733.40 from the general
fund designated reserves to account number 01-111-700-755 and
amending the 2015 fiscal year budget and revenues accordingly.
DONE AND RESOLVED this 131h day of April2015.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
Council Action Form
April 13, 2015
Page 2
General Fund
Police Investigation Fund
CIP
Open Space Fund
Municipal Court Fund
Conservation Trust Fund
Crime Prevention/Code Enforcement Fund
Recreation Center Fund
BACKGROUND:
$1,232,585.76
$ 4,749.05
$2,341 ,522.48
$ 820,759.12
$ 16,212.77
$ 307,438.61
$ 39,389.74
$ 46,560.13
Total: $4,809,217.66
Swanhorst & Company LLC, the City's independent auditor recommended that staff provide
Council with Exhibit A and request approval of the increased available beginning fund balances for
the various funds listed.
RECOMMENDATIONS:
Staff recommends approval. This change does not impact 2014 expenditures or the 2015 budget
approved by Council.
RECOMMENDED MOTION:
"I move to approve Resolution No. 20-2015-a resolution amending the Fiscal Year 2014 Budget
to reflect the approval of increased available beginning fund balances in certain funds."
Or,
"I move to postpone indefinitely Resolution No. 20-2015, a resolution amending the Fiscal Year
2014 Budget to reflect the approval of increased available beginning fund balances in certain funds
for the following reason(s) "
REPORT PREPARED AND REVIEWED BY:
Heather Geyer, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 20-2015
2. Exhibit A: 2014 Year End Available Fund Balance Schedule for Certain Funds
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 20
Series of 2015
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET
TO REFLECT THE APPROVAL OF INCREASED AVAILABLE
BEGINNING FUND BALANCES IN CERTAIN FUNDS
WHEREAS, City Council approved there-encumbrance of $4,512,901.27 of
2013 Fiscal Year encumbered funds via Resolution No. 10-2014 on February 10,
2014;and
WHEREAS, approval of Resolution No.1 0-2014 increased the expenditures
and revenues amounts in the 2014 Fiscal Year Budget.
WHEREAS, certain funds as shown in Exhibit A, have more available fund
balance than what was adopted by City Council during the annual budget process:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City of Wheat Ridge Fiscal Year 2014 Budget be amended accordingly to
recognize the year-end increased available fund balance budget in the
following funds:
General Fund
Police Investigation Fund
CIP
Open Space Fund
Municipal Court Fund
Conservation Trust Fund
Crime Prevention/Code Enforcement Fund
Recreation Center Fund
DONE AND RESOLVED this 131h day of April2015.
$ 1 ,232,585. 76
$ 4,749.05
$ 2,341,522.48
$ 820,759.12
$ 16,212.77
$ 307,438.61
$ 39,389.74
$ 46,560.13
Total: $ 4,809,217.66
Joyce Jay, Mayor
ATIEST:
Janelle Shaver, City Clerk
Attachment 1
Exhibit A: 2014 Year End Available Fund Balance Schedule for Certain Funds
Key:
Original Adopted
Final Amended
Actual Actual
Beginning Fund Balance
Total Revenues
Total Available Funds
Expenditures
Ending Fund Balance
Beginning Fund Balance
Total Revenues
Total Available Funds
Expenditures
Ending Fund Balance
Beginning Fund Balance
Total Revenues
Total Available Funds
Expenditures
Ending Fund Balance
Beginning Fund Balance
Total Revenues
Total Available Funds
Expenditures
Ending Fund Balance
General Fund
Original Final Actual
$9,756,002.00 $9,756,002.00 $10,988,587.76
$27,823,611.00 $27,956J72.00 $31,507,735.00
$37 5 79,613.00 $37,712J74.00 $42A96,322. 76
$29,623,611.00 $34,760,790.00 $33,143,537.19
$7,956,002.00 $2,951,984.00 $9,352,785.57
Police Investigation Fund
Final Original
$36,326.00
$40.00
Actual
$4t075.05
$75,124.41
$116,199.46
$25,387.74
$90,811.72
$36,366.00
$6,500.00
$29,866.00
$36,326.00
$40.00
$36,366.00
$33,800.00
$2,566.00
Ca~itallnvestment Program {CIP)
Original Final Actual
$70,517.00 $70,517.00 $2A12,039.48
$4,163,000.00 $5,976,075.00 $4,312,189.54
$4,233517.00 $6,046,592.00 $6,724,229.02
$4,186,000.00 $9,190,365.00 $5,039,347.90
$47,517.00 -$3,143J73.00 $1,684,881.12
O~en S~ace Fund
Original Final Actual
$375,867.00 $375,867.00 $1,196,626.12
$1,203,750.00 $1,203J50.00 $1,565J73.16
$1,579,617.00 $1,579,617.00 $2,762,399.28
$1,567,381.00 $2,649,664.00 $1,327,376.21
$12,236.00 -$1,070,047.00 $1A35,023.07
Attachment 2
Beginning Fund Balance
Total Revenues
Total Available Funds
Expenditures
Ending Fund Balance
Beginning Fund Balance
Total Revenues
Total Available Funds
Expenditures
Ending Fund Balance
Beginning Fund Balance
Total Revenues
Total Available Funds
Expenditures
Ending Fund Balance
Beginning Fund Balance
Total Revenues
Total Available Funds
Expenditures
Ending Fund Balance
Municipal Court Fund
Original
$56,076.00
$28,050.00
$84,126.00
$70,000.00
$14,126.00
Final
$56,076.00
$28,050.00
$84,126.00
$70,000.00
$14,126.00
Conservation Trust Fund
Original
$265,995.00
$301,000.00
$566,995.00
$516,527.00
$50,468.00
Final
$265,995.00
$301,000.00
$566,995.00
$796,176.00
-$229,181.00
Actual
$72,288.77
$23,062.24
$95,351.01
$18,329.11
$77,021.90
Actual
$573,433.61
$299,208.58
$872,642.19
$546,543.13
$326,099.06
Crime Prevention/Code Enforcement Fund
Original Final Actual
$240,921.00 $240,921.00 $280,310.74
$331,000.00 $331,000.00 $448,791.21
$571,921.00 $571,921.00 $729,101.95
$379,995.00 $379,995.00 $382,932.27
$191,926.00 $191,926.00 $346,169.68
Recreation Center Fund
Original
$1,093,715.00
$2,061,884.00
$3,155,599.00
$2,282,312.00
$873,287.00
Final
$1,093,715.00
$2,061,884.00
$3,155,599.00
$2,282,312.00
$873,287.00
Actual
$1,140,275.13
$2,112,881.34
$3,253,156.47
$2,300,508.63
$952,647.84
Council Action Form -Purchase of Patrol Vehicle
April 13, 2015
Page2
FINANCIAL IMPACT:
Funding for the purchase of a new Police patrol unit exceeds the amount budgeted for fleet
replacement, requiring a supplemental budget appropriation from the General Fund undesignated
reserves in the amount of $39,992.
BACKGROUND:
Police Unit 55 incurred non-repairable damage in March of 2015. Staff requests the purchase of
a 2016 Ford Explorer police patrol outfitted SUV to replace the totaled vehicle. A budget
appropriation of$39,992 is required for the unscheduled purchase of the SUV, lighting,
markings and communication equipment. A comparable 2016 marked police patrol Ford
Interceptor S UV may be purchased for the state bid price of $31 ,992 from Sill-Terhar Motors,
Inc. of Broomfield, Colorado, under the Colorado Price Agreement. Outfitting this vehicle for
patrol usage will require additional lighting, custom City markings, communication equipment
and other miscellaneous items, estimated at $8,000, for a total cost of $39,992.
The other party involved in the accident was ticketed and is liable for the replacement of the
vehicle. The individual 's insurance company has not accepted liability. Pending detennination
of fault, the City will receive partial or full payment on the replacement. If the City is
detennined to be at fault, the City will have to pay a $10,000 deductible and CIRSA (the City's
insurance carrier) will reimburse the City for all costs above the deductible, or approximately
$29,992.
RECOMMENDATIONS:
Staff recommends that Council approve the supplemental budget appropriation necessary to
purchase the fully-equipped police patrol SUV for the total amount of$39,992.
RECOMMENDED MOTION:
"I move to approve Resolution No. 21-2015, a resolution amending the fiscal year 2015 General
Fund Budget to reflect the approval of a supplemental budget appropriation of $39,992 for the
replacement of a police patrol SUV."
Or,
"I move to postpone indefinitely Resolution No. 21-2015, a resolution amending the fiscal year
2015 General Fund budget to approve a supplemental budget appropriation of$39,992 for the
replacement of a police patrol SUV for the following reason(s) "
REPORT PREPARED BY:
Greg Knudson, Operations Manager
Scott Brink, Public Works Director
Jennifer Nellis, Purchasing Agent
Patrick Goff, City Manager
Council Action Form -Purchase of Patrol Vehicle
April 13,2015
Page 3
ATTACHMENTS:
1. Resolution No. 21-2015
2. Vehicle price sheet
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 21
Series of 2015
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2015 GENERAL
FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT
OF $39,992 FOR THE PURCHASE OF A REPLACEMENT POLICE
PATROL SPORT UTILITY VEHICLE (SUV)
WHEREAS, Police Patrol Unit 55 incurred non-repairable accident damage; and
WHEREAS, the Wheat Ridge Police Department wishes to replace Police Patrol
Unit 55; and
WHEREAS, the $39 ,992 cost for replacing Unit 55 exceeds the amount budgeted
for fleet replacement in the 2015 Budget; and
WHEREAS, the City is able to purchase the vehicle from Siii-Terhar Motors, Inc. of
Broomfield , Colorado, under the Colorado Price Agreement for $31 ,992; and
WHEREAS, the additional outfitting of the vehicle for police use is estimated at
$8,000, bringing the replacement cost to $39,992; 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:
Supplemental Appropriation
Section 1. The City Council authorizes the transfer of $39,992 from the General
Fund undesignated reserves to account number 01-303-800-807 and amendment
of the General Fund revenue accordingly.
Section 2: The City Council authorizes the purchase and outfitting of one police
patrol 2016 Ford Explorer SUV for a total amount of $39,992.
DONE AND RESOLVED this 13th day of April2015.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
CITY OF WHEAT RIDGE
Specifications for one (1) Marked Police Department Utility Police Interceptor All-
Wheel Drive
(Replacement for Units 55)
March 20, 2015
BASED ON 2015 STATE OF COLORADO PRICE
AGREEMENT #201500000000207
Base vehicle as bid: 2016 Ford Patrol 4x4 Interceptor Utility:
Standard Specifications
Body Code: K8A Patrol Passenger Utility, Medium, AWD
Interior/Color: Cloth Front & Vinyl Rear/Charcoal Black
Base Body Color/Order Code: Ebony/UA
Fuel Type: Unleaded Gasoline
Add Factory Option(s)
43D Dark car feature-Courtesy Lamp Disable
17T Dome Lamp-Red/White In Cargo Area
51 R Spot Lamp-Driver Only (LED Bulb)
92G Glass-Solar Tint 2nd & 3rd Row
21 B Rear View Camera
53M SYNC Basic-Voice Activated Communication System
61S Remappable (4) switches On Steering Wheel with Voice
18W Rear Window Power Delete
59E Keyed Alike -1435x
90E Ballistic Door Panels-Driver & Passenger Front Doors
55B BUS-Blind Spot Monitoring with Cross Traffic Alert
76R Reverse Sensing (Sonar with Chime)
60R Noise Suppression Bonds
66A Front Headlight Lighting Solution-Utility
76D Protector Deflector Plate-Utility
Total Price of Factory Options:
Delete Factory Option(s)
810D All of Complete #810 Package
Total Price of Vehicle Only with Selected Factory Options:
ATTACHMENT 2
$31 ,637.00
$ 50.00
$ 20.00
$ 400.00
$ 120.00
$ 245.00
$ 295.00
$ 155.00
$ 35 .00
$ 50.00
$3,170.00
$ 490.00
$ 275.00
$ 100.00
$ 915.00
$ 335.00
$6,655.00
<$6,300.00>
$31,992.00
Council Action Form -Resolution Approving Night Vision Equipment
April 13,2015
Page 2
BACKGROUND:
The West Metro SWAT Team consists ofmembers from both the Lakewood and Wheat Ridge
Police Departments. The regional team was formed in 2012, combining operators and
negotiators from both agencies into one consolidated team. The team is responsible for
responding to situations that nonnally equipped and trained police officers are unable to safely
resolve. In almost all circumstances, the team is faced with suspects who are armed and have
demonstrated an unwillingness to comply with efforts to take them into custody. In 2014, the
West Metro SWAT Team was activated 41 times for a variety of circumstances; including
hostage rescue situations, barricaded subjects, and high risk warrant services.
The team operates in all weather conditions and times of day. Frequently, the team is required to
move in low light conditions in areas of uncertain footing, working in both outdoor environments
and in cluttered structures. Special Weapons and Tactics Teams around the nation have
recognized that equipping operators with night vision capability greatly enhances the potential of
safely resolving confrontations. Night vision equipment provides officers with the ability to
move quietly without having to display visible light and to position themselves advantageously
before contacting potentially violent suspects. Additionally, night vision allows officers to
recognize and identify persons who would otherwise not be visible without additional
illumination, which could compromise citizen or officer safety.
RECOMMENDATIONS:
Staff recommends the City of Wheat Ridge approve the lease agreement with the Naval Surface
Warfare Center to provide two (2) PVS-26 Night Vision sighting systems and two (2) PVS-18
Night Vision Monocular devices. A copy of the contract is attached.
RECOMMENDED MOTION:
"I move to approve Resolution No. 22-2015, a resolution approving a loan agreement with
the Department of the Navy to lease two night vision devices for use by the West Metro
SWAT Team."
Or,
"I move to postpone indefinitely Resolution No. 22-2015 , a resolution approving a loan
agreement with the Department of the Navy to lease two night vision devices for use by the
West Metro SWAT Team for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Jim Lorentz, Division Chief
Daniel Brennan, Chief of Police
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 22-2015
2. Naval Surface Warfare Center Loan Agreement
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 22
Series of 2015
A RESOLUTION APPROVING A LOAN AGREEMENT WITH THE
DEPARTMENT OF THE NAVY TO LEASE TWO NIGHT VISION
DEVICES FOR USE BY THE WEST METRO SWAT TEAM
WHEREAS, the City of Wheat Ridge, Colorado (the "City), acting through its City
Council ("Council") is a home rule municipality with statutory and constitutional authority
to enact ordinances and enter into agreements for protection of the public health, safety
and welfare; and
WHEREAS, C.R.S. § 29-1-203 authorizes Colorado local governments to
cooperate and contract with other local, state and federal governmental units
concerning the furnishing and receipt of goods and services; and
WHEREAS, the City Police Department desires to obtain certain night vision
equipment to be used in relation to its law enforcement functions; and
WHEREAS, the federal Department of the Navy makes such equipment
available to civilian law enforcement agencies under a loan agreement, resulting in
significant cost-savings as compared with purchasing the equipment; and
WHEREAS, the Council therefore finds that it is desirable to approve a loan
agreement between the City and the Department of the Navy concerning certain night
vision equipment, as further set forth in the attached; and
WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the
Council, acting by resolution or ordinance, to enter into contracts or agreements with
other governmental units.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The attached Cooperation with Civilian Law Enforcement Officials Agreement, by
and between the City of Wheat Ridge and the Department of the Navy, Naval Surface
Warfare Center, Crane Division, concerning the lease of night vision equipment, is
hereby approved.
DONE AND RESOLVED this 131h day of April, 2015.
Joyce Jay, Mayor
ATIEST:
Janelle Shaver, City Clerk
Attachment 1
~ .. I» n :r 3
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(Department's copy) I INVOICE! ::::""vr:-
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FROM: (Include ZIP Code SHEET NO. OF 15. REQUISITION DATE 6. REQUISITION NUMBER
DISBURSING OFFICER CRANE DIVISION NO. SHEETS
NAVAL SURFACE WARFARE CENTER, CRANE DIVISION 11/4114
300HWY381 7. DATE MATERIAL REQUIRED (YYMMDD) 8. PRIORITY
ELECTRO..OPTIC TECHNOLOGY DIVISION, BLDG. 2044 ATTN: (S. SunON I D. OWENS)
CRANE, IN 47522
2. TO: (Include ZIP Code) ' WHEAT RIDGE POUCE DEPARTMENT
7500 W. 21'" AVENUE
WHEAT RIDGE, COLORADO 80033
10. SIGNATURE 11a. VOUCHER NUMBER & DATE (YYMMDD)
POC: SGT. J.D. JEPKEMA PH: {303)235-2189
3. SHIP TO-MARK FOR 12. DATE SHIPPED (YYMMDD) b.
SAME
13. MODE OF SHIPMENT 14. BILL OF LADING NUMBER
15. AIR MOVEMENT DESIGNATOR OR PORT REFERENCE NO.
I
4. APPROPRIATIONS SYMBOL AND SUBHEAD OBJ.Cl. BUR. CONT. NO. SUBAL· AUTHORIZATION TRANS. PROPERTY ACCrG COUN· COST CODE AMOUNT
LOT. ACCrG ACTIVITY TYPE ACTIVITY TRY
ITEM FEDERAL STOCK NUMBER, DESCRIPTION, AND COOING OF MATERIAL AND/OR UNIT QUANTITY SUPPLY TYPE CON· UNIT TOTAL
NO. SERVICES OF REQUESTED ACTION CON· TAINER PRICE COST
ISSUE TAINER NOS.
(a) (b) (c) (d) (e) (f) (g) (h) (I)
(1 NI~SI:~MENT; 4 $300.00 $1 ,200.00
DATE: ll-4 -l f../ A!J,1 ,._U4f.)
LOAN AGREEMENT #N00164LE0793-1S
••THE ELECfRO-OPTIC DEVICES WILL BE SHIPPED ONCE THE
SIGNED AGREEMENT AND PAYMENT HAS BEEN RECEIVED••
Supply Labor Charge t
18. TRANSPORTATION VIA MATS OR MSTS CHARGEABLE TO I 17. SPECIAL HANDUNG SENSITIVE NIGHT VISION EQUIPMENT
18. ISSUED BY TOTAL TYPE 19. CONTAINERS DATE BY SHEET TOTAL
0 CON· CON-DESCRIPTION TOTAL TOTAL RECEIVED (YYMMOD)
R F TAINERS TAINER WEIGHT CUBE R EXCEPT AS
E E NOTED c s c A H CHECKED BY E QUANTITIES DATE BY GRAND TOTAL
p I I RECEIVED (YYMMDD)
p p EXCEPT AS
T NOTED
PACKED BY DATE BY 20. RECEIVER'S
< TOTAL POSTED (YYMMDD) VOUCHER NO.
----
I. AUTHORITY AND PURPOSE
This Agreement is entered into by and between WHEAT RIDGE POLICE DEPARTMENT, hereinafter referred to as State/local law
enforcement agency, and the Crane Division, Naval Surface Warfare Center, hereinafter referred to as Government. This Agreement is
entered into pursuant to the authority of SECNA V Instruction 5820. 7C, Subj: ''Cooperation with Civilian Law Enforcement Officials.,
and a Reinvention Lab Waiver granted. The purpose of this Agreement is to extend Crane Division, Naval Surface Warfare Center
(NA VSURFW ARCENDIV Crane) cooperation with civilian law enforcement officials to the maximum extent practicable, consistent
with the needs of national security and military preparedness, the historic tradition of limiting direct military involvement in civilian
law enforcement activities, and the requirements of applicable law.
II. PERIOD OF PERFORMANCE
The period of perfonnance for this Agreement is 12 Months ftom the date of execution.
lll. ESTIMATED COST AND FUNDING
A. NAVSURFW ARCENDIV Crane shall be paid the estimated cost of use of the provided equipment, facilities or traini.ng services prior
to receipt of said equipment, facilities or services. The loan of any piece of equipment shall not exceed one (I) year.
B. The total estimated cost for accomplishing the worlclloaning the equipment is: $1,200.00
C. Amounts actually charged the State/local law enforcement agency shall be the direct IDd indirect costs reasonably and necessarily
incurred in the performance of the worlc in accordance with Chapter I of Volume I lA of the DOD Financial Management Regulation,
DOD 7000.14-R and any applicable local instruction.
D. The State/local law enforcement agency shall fund the Agreement prior to commencement of performance. If additional funding is
required, the Government will notify the State/local law enforcement agency of the additional funding required. Tbe State/local law
enforcement agency shall provide the Governmenl the additional funding upon receiving notification of the requirem.ent for additional
funding, or within such time as approved by the Government. Failure of the State/local law enforcement agency to provide funds, as
required, will result in the discontinuance of performance. Upon conclusion of performance, the Government will reconcile the State/
local law enforcement agency's account to determine actual charges. The GovernmenJ will refund any balance due on the Agreement to
the State/local law enforcement agency. Nothing in this Agreement shall give the State/local law enforcement agency the right to audit
the books of the Government.
IV. METHOD OF PAYMENT
Checks should be made payable to: "NAVSURFW ARCENDIV Crane" and shall include Agreement number denoted in Block 2 of this
agreement.
The signed agreement and check(s) shall be forwarded to&etber in one cpve!ope to:
Comma11dlD1 Oflker
Nnal Surface Warfare Center
300BWY361
Elec:tro-Optk Tedanology Division, Bid&-20-4<t, Attn: S. Satton/D. Owe11s
Craue. lN 47522
Document Rc:-·ision Dale: Feb 2014 page2
V. PROVISION OF EQUIPMENT, FACILITIES AND/OR SERVICES
A. NSWC Crane Point of Contact under this agreement for equipment, facilities and/or training, either oral or by
e-mail shall be sent to:
Mr. Roger A. Shaw
812-854-1653
roger .shaw@aavy.mU
Written requests should be addressed as follows:
Commanding Officer
Naval Surface Warfare Center
300HWY361
Electro-Optic Teehnology Division, Bldg. 2044, Attn: R. Shaw
Crane, IN 47522
B. Upon approval of the request for the loan of equipment, an authorized official of the Government shall execute a DO Form 1348-1 A
Issue/Receipt Document The custodial document shall include the date of receipt, the name of the official signing out and returning the
equipment, the office telephone number of the official, agreement number, and equipment serial numbers.
C. Equipment provided under this agreement may be repaired/replaced by NA VSURFWARCENDIV Crane at its discretion, inclusive of
assessment of any costs, during the term ofthe agreement if failure of operation is caused by other than normal use. Requests for same
may be made to NSWC Crane Point of Contact identified in paragraph A. above.
D. ln replacement scenarios, all transactions will be documented in the DO Form 1348-1 A Issue/Receipt Document indicating a serial
number for serial number exchange. Consideration for exchanges of equipment that fails to perform during normal use is included in the
agreement fee and is therefore not subject to additional costs. State/local law enforcement agencies will not receive consideration or
extension for any period of time during the agreement that equipment should fail or become inoperable.
E. The receipt, transportation and return of all equipment is the sole responsibility of the requesting state/local law enforcement agency
who shall designate in writing a representative authorized to receive, transport equipment to and from NA VSURFW ARCENDIV Crane,
and return same. Equipment to be repaired/replaced will be delivered by said representative to NA VSURFW ARCENDIV Crane.
VI. RESOURCES PROVIDED BY GOVERNMENT
The resources to be provided are identified in Block 7 of this agreement. NA VSURFW ARCENDIV Crane personnel made available for
the operation of any loaned equipment shall not become directly involved in the law enforcement activities, such as interdiction of
vehicles, search and seizures, arrests, apprehension, stop and frisk, or surveillance, or other activities proscribed by federal law and
regulation, ofany state/local law enforcement agency.
VII. CHANGES
Any changes to this Agreement must be mutually agreed upon in writing by the parties. No oral statements of any person whatsoever
shall in any manner modify or otherwise affect the terms of this Agreement CHIEF DANIEL G. BRENNAN on behalf of State/local
law enforcement agency and Mr. Roger A. Shaw, Crane Division, Naval Surface W~ Center on behalf of the Government are the
only persons authorized to approve changes in any of the terms of this Agreement.
Documcnl Revision Da1c· I cb 2014 page 3
VUJ. W AR.RANTIESIJNDEMNIFICA TION/HOLD HARMLESS
A. The State/local law enforcement agency agrees, to the extent pennited under state laws of Colorado,
on behalf of itself and any successor in interest or assignees, to bold bannless and indemnify the Government against the following
insofar as they may result from the performance and/or furnishing of equipment, facilities and/or training: claims (including reasonable
expense of liJigatlon or settlement) by third persons (including employees of the Statel/ocalltrw enforcement agency) for death, bodily
injury (including sickness or disease) or loss of, damage to, or loss of use of property;
B. The Government will not be liable for any damage whether di~ or consequential. AJI services provided under this agreement shall
be provided without any expressed or implied WBmlllties;
C. The State/local law enforcement agency is responsible for lost, stolen or willfully damaged equipment, the value of which is
determined by NA VSURFW ARCENDIV Crane, and will reimburse NA VSURFW ARCENDIV Crane for same;
D. Nothing in this agreement changes any tenns or conditions of any existing contract the state/local law enforcement agency may have
with the Government
IX. CANCELLATION/SUSPENSION
A. The Government reserves the right to recall the loaned equipment, cancel or suspend all or part of its performance under this
Agreement in the event that such perfonnance is deemed to interfere, for any reason, with the performance of work/mission by the
Government. The right to cancel or suspend performance hereunder shall be in addition to the right reserved by the Government to
cancel or suspend perfonnance under this Agreement for unusual and compelling circumstances when the national interest of the United
States so requires or to protect public health or safety.
B. Appreciating the consequences of such a decision, the Government will attempt to mitigate any cancellation or suspension of
services. However, the Government cannot be held liable for any cost accruing to the State/local law enforcement agency as a result of
any cancellation or suspension.
X. TERMINA TJON BY STATE/LOCAL LAW ENFORCEMENT AGENCY
A. The State/local law enforcement agency may terminate this Agreement upon 14 Business days written notice to the Government. If
the State/local law enforcement agency elects to cancel this Agreement, the State/local law enforcement agency shall remain responsible
for all costs incurred by the Government up to the date of receipt by the Government of its termination notice.
B. The rights and remedies of the Government provided by this clause are in addition to any other rights and remedies provided by law
or this Agreement
XI. DISPUTES
Any dispute arising under the Agreement, which is not disposed of by agreement of the parties, shall be decided by the Government
Electro-Optics Technology Division Manager, who shall reduce the decision to writing and shall furnish a copy to the State/local law
enforcement agency. The decision shall be final unless, within IS calendar days from the date of receipt of the decision, the State/local
law enforcement agency furnishes the Crane Division, Naval Surface Warfare Center Commanding Officer with a request for
re<:onSideration. The reviewing official will review the record to detennine whether the initial decision was reasonable. The State/local
law enforcement agency shall be afforded an opportunity to submit additional supporting documentation and rationale. The decision of
the reviewing official shall be final.
Document RC\ ision Date: Feb 2014 page4
Supplemental Budget Appropriation for Fund 63
April 13 , 2015
Page2
BACKGROUND:
Fund 63 is a special revenue fund serving specific purposes aligned with the City Council's strategic
goals. This fund is in compliance with the Governmental Accounting Standards Board (GASB) 54,
the federal guideline for use of special revenue funds. Fund 63 was created in 1988 for the purpose
of crime prevention and code enforcement activities. The revenue stream for this fund consists
primarily oflodger's tax revenue and no proof of insurance fees.
In 2014, the strategic accomplishments for Fund 63 included:
• Completed compliance inspections on nearly 200 hotel/motel rooms in the City
• Organized the Citizens on Patrol program with three active volunteers
• Delivered the 2014 Citizens' Police Academy and started the second police volunteer
academy
• Managed the Colorado Life-Track, Lock Box and P.O.W.E.R. network programs
• Conducted and participated in several safety fairs in Wheat Ridge and Jefferson
County
The total 2014 budgeted total available funds adopted by City Council was $571,921. The
actual total available funds at year end are $729,101.95. The fund brought in increased
revenue, primarily from lodger's tax, by $117,791.21 more than originally budgeted.
Therefore, revenue funds are available to balance the increased expenditures in the amount of
$2,940. The increase in expenditures was the result of pay-for-performance increases not
being budgeted in 2014 in this fund and two staff members being charged to the wrong
program account. This error was identified during the 2015 budget development process.
This fund supports the salaries for 0.5 FTE Police Sergeant, 1.0 FTE Crime Prevention
Officer, 1.0 FTE Lead CSO and 2.0 FTE CSOs.
Changes to expenditures require City Council approval in the fonn of a supplemental budget
appropriation. Additionally, changes in revenues, as the result of increased revenues, require
City Council approval and the increased revenue detailed above will be addressed by
Resolution 20-2015.
FINANCIAL IMPACT:
A supplemental budget appropriation fi·om Fund 63 reserves in a total amount of $2,940 is
required to balance the fund budget and close out Fiscal Year 2014.
RECOMMENDATIONS:
None
RECOMMENDED MOTION:
"I move to approve Resolution No. 23-2015 a resolution amending the fiscal year 2014 Crime
Prevention/Code Enforcement Fund 63 to reflect the approval of a supplemental budget
appropriation in the amount of$2,940 for the purpose of balancing the fund and closing out
fiscal year 2014."
Supplemental Budget Appropriation for Fund 63
April 13, 2015
Page 3
Or,
"I move to postpone indefinitely the approval of Resolution No. 23-2015 for the following
reason(s): "
REPORT PREPARED/REVIEWED BY:
Heather Geyer, Administrative Services Director
Patlick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 23-2015
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 23
Series of 2015
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2014 CRIME
PREVENTION/CODE ENFORCEMENT FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $2,940 FOR THE
PURPOSE OF BALANCING FUND 63 AND CLOSING OUT
FISCAL YEAR 2014
WHEREAS, City Council approved the 2014 Fiscal Year Budget appropriating
funding to Fund 63 for the purposes of crime prevention and code enforcement
activities; and
WHEREAS, as part of preparing to close the 2014 Fiscal Year, expenditures in
Fund 63 exceed budgeted revenues; and
WHEREAS, increased revenues are available at year-end as a result of
increased revenue from Lodger's tax; 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:
Section 1. The City Council authorizes the transfer of $2,940 from Fund 63
reserves to account number 63-201-600-602 and amendment of the 2014 Fund
63 revenue accordingly.
DONE AND RESOLVED this 13h day of April2015.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
.... ~A~ .. ~ ., City of • :P'WheatR.i__dge
ITEMNO:Ji ·
DATE: Aprill3, 2015
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 24-2015 - A RESOLUTION AMENDING
THE FISCAL YEAR 2014 RECREATION CENTER FUND
BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $18,200 FOR THE PURPOSE OF BALANCING
FUND 64 AND CLOSING OUT FISCAL YEAR 2014
0 PUBLIC HEARING
D BIDS/MOTIONS
iZ! RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
D YES 1;5~
City Manager
As part of preparing to close the 2014 Fiscal Year Budget, expenditures in the Recreation Center
Fund 64 exceeded budgeted revenues by $18,200 due to increased utility costs necessary to run the
facility. Final revenues for Fund 64 exceeded budgeted revenues by $46,560.13. Revenues are
available in this fund to cover the increase in expenditures; however, a supplemental budget
appropriation from Fund 64 reserves in a total amount of $18,200 is required to balance Fund 64
and close out Fiscal Year 2014.
PRIOR ACTION:
City Council approved the 2014 Fiscal Year Budget on October 28 ,2013, appropriating revenues and
expenditures in Fund 64.
BACKGROUND:
Fund 64 is a special revenue fund serving specific purposes aligned with the City Council's strategic
goals. The fund is in compliance with the Governmental Accounting Standards Board (GASB) 54, the
federal guideline for use of special revenue funds. Fund 64 was created in 1999 for the purpose of
Supplemental Budget Appropriation for Fund 64
April 13,2015
Page2
funding Recreation Center operations. The revenue stream for this fund comes from fees and charges
collected through Recreation Center programs. The 2014 strategic accomplishments included:
)> Repaired concrete, refinished window well covers
)> Cleaned entire facility during annual maintenance shutdown
)> Resurfaced all hard wood floors and repaired tile and grout in pool and locker room areas
)> Replaced water heater in the kitchen
)> Painted interior and exterior of the Recreation Center, as needed
)> Promoted room rental packages to increase revenue
)> Replaced carpet in 2nd floor fitness area
The total 2014 budgeted available funds adopted by City Council was $3,155,599. The actual total
available funds at year end are $3,235,156.47. The center brought in increased revenue from
programming in the amount of $50,997.34. Therefore, revenue funds are available to balance the
increased expenditures in the amount of $18,200. The increased expenditures were the result of
higher utility rates for the facility.
Changes to expenditures require City Council approval in the fom1 of a supplemental budget
appropriation. Additionally, changes in revenues, as the result of increased revenues, require City
Council approval and the increased revenue detailed above will be addressed by Resolution No. 20-
2015.
FINANCIAL IMPACT:
A supplemental budget appropriation from Fund 64 reserves in a total amount of $18,200 is required
to balance the fund budget and close out Fiscal Year 2014.
RECOMMENDATIONS:
None
RECOMMENDED MOTION:
"I move to approve Resolution No. 24-2015 a resolution amending the fiscal year 2014 Recreation
Center Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of
$18,200 for the purpose of balancing fund 64 and closing out fiscal year 2014."
Or,
"I move to postpone indefinitely the approval of Resolution No. 24-2015 for the following reason(s):
REPORT PREPARED BY:
Heather Geyer, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 24-2015
"
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 24
Series of 2015
A RESOLUTION AMENDING THE FISCAL YEAR 2014
RECREATION CENTER FUND BUDGET TO REFLECT THE
APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION
IN THE AMOUNT OF $18,200 FOR THE PURPOSE OF
BALANCING FUND 64 AND CLOSING OUT FISCAL YEAR 2014
WHEREAS, City Council approved the 2014 Fiscal Year Budget appropriating
funding to Fund 64 for the purposes of operating the Recreation Center and associated
programming for the community; and
WHEREAS, as part of preparing to close the 2014 Fiscal Year, expenditures in
Fund 64 exceed budgeted revenues; and
WHEREAS, increased revenues are available at year-end as a result of
increased revenue from Recreation Center programming fees; 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:
Section 1. The City Council authorizes the transfer of $18,200 from Fund 64
reserves to account number 64-602-700-760 and amendment of the 2014 Fund
64 revenue accordingly.
DONE AND RESOLVED this 13h day of Apri12015.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
Council Action F01m -Lease Purchase Financing Agreement for Solar Panels
April 13, 2015
Page2
FINANCIAL IMPACT:
The $776,628 purchase price and $23,372 origination fee will be financed over fifteen years. The
City will receive credits on Xcel 'selectric bills. The credits will be used to pay off the capital
investment in the solar panels. Once the initial capital investment has been met, the bill credits
will become net income to the City and may be used to offset a portion of electricity costs.
BACKGROUND:
The City received two proposals to participate in a solar garden agreement through Xcel
Energy's Solar Rewards Community program. One proposal was submitted by Clean Energy
Collective, LLC (CEC) and a second proposal was submitted by SunShare, LLC. The intent of
each proposal was to help the City generate electricity cost savings through the production of
renewable energy, while promoting environmental stewardship to the community.
Although participation in a solar garden can provide value to a community, it can also bring
inherent risks. Therefore, the City contracted with Lotus Engineering & Sustainability to perform
a due diligence review on the proposed solar garden models and to identify potential risks and
opportunities to the City. The CEC proposal was found to be the most financially beneficial
model that also met the City's sustainability goals. A Community Solar Interest Purchase and
Energy Agency Agreement with CEC was approved by City Council on March 23, 2015. The
Agreement will be for 20 years and will be renewable at a minimal cost after that time.
Alpine Bank will fund the cost of the solar array purchase at 5.750%, interest, to be paid back
over fifteen years. Solar power from the arrays will be automatically delivered to Xcel 's grid,
increasing the utility's incorporation of renewable energy and decreasing its reliance on fossil
fuels. Each month, the City's electric bill will be credited for the City's panels' production. In
addition, the City will receive renewable energy certificate (REC) payments. Savings from the
electric bill and REC payments will be used to pay off the capital investment in the solar panels.
Once the initial capital investment has been met, the bill credits and REC payments will become
net income to the City and may be used to offset a portion of electricity costs.
RECOMMENDATIONS:
Staff recommends approval of the ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 08-2015, an ordinance authorizing and approving a lease
purchase financing agreement for solar panels with Alpine Bank and, in connection therewith,
certain related documents and transactions on second reading, and that it take effect immediately
upon adoption."
Or,
"I move to postpone indefinitely Council Bill No. 08-2015, an ordinance authorizing and
approving a lease purchase financing agreement for solar panels with Alpine Bank and, in
Council Action Form-Lease Purchase Financing Agreement for Solar Panels
April 13, 2015
Page 3
c01mection therewith, certain related documents and transactions for the following reason(s)
REPORT PREPARED BY:
Patrick Goff, City Manager
ATTACHMENTS:
I. Council Bill No. 08-2015
a. Exhibit A -Municipal Lease and Option Agreement
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER POND
Council Bill No. 08-2015
Ordinance No. ----
Series 2015
TITLE: AN ORDINANCE AUTHORIZING AND APPROVING A LEASE
PURCHASE FINANCING AGREEMENT FOR SOLAR PANELS WITH
ALPINE BANK AND, IN CONNECTION THEREWITH, CERTAIN
RELATED DOCUMENTS AND TRANSACTIONS
WHEREAS, the City of Wheat Ridge, Colorado ("City") is a home rule
municipality and political subdivision of the State of Colorado (the "State"); and
WHEREAS, the City Council of the City (the "Council") wishes to participate in
the Boulder County CEC Solar Array with the acquisition of 972 solar panels therein
(collectively, the "Project"); and
WHEREAS, to finance the Project, the Council now desires to cause Alpine Bank
(the "Bank") to purchase certain solar panels (the "Leased Property") and further desires
to lease the Leased Property from the Bank, subject to annual appropriation by the
Council, with an option to purchase the Leased Property, pursuant to a Lease Purchase
Agreement with the Bank (the "Lease"); and
WHEREAS, the Council is authorized to enter into the Lease to lease from the
Bank, with an option to purchase the same, the Bank's interest in the Leased Property
as provided in such Lease, pursuant to Section 1.3 of the Home Rule Charter and state
law, including C.R.S. § 31-15-801 et seq.; and
WHEREAS, the Lease shall expire on December 31 of any City fiscal year (a
"Fiscal Year'') if the City has, on such date, failed, for any reason, to appropriate
sufficient amounts authorized and directed to be used to pay all Base Rentals (as
defined in the Lease) scheduled to be paid and all Additional Rentals (as defined in the
Lease) estimated to be payable in the next ensuing Fiscal Year, and in certain other
circumstances set forth in the Lease, and shall not constitute a mandatory charge or
requirement against the City in any ensuing budget year unless the City decides to
renew the Lease by appropriating the necessary such amounts; and
WHEREAS, in order to implement the transactions described above, the Council
desires (a) to authorize and approve the execution and delivery by the City of, and the
performance by the City of its obligations under, the Lease and certain other documents
described herein; and (b) to authorize, approve, ratify, make findings and take other
actions with respect to the foregoing and related matters.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WHEAT
RIDGE, COLORADO:
4826-4769-0018.2 Attachment 1
Section 1. The Council hereby: (a) approves the leasing of the Leased Property
from the Bank pursuant to the Lease in exchange for the payment of monthly Base
Rental payments and the cost of Additional Rentals as provided in the Lease, (b)
approves the Lease, which is presented to the Council in connection with the adoption
of this Ordinance in substantially final form; (c) authorizes the Mayor of the City, the
Mayor Pro Tern , the City Manager, the Deputy City Manager, and the Finance Director,
and all other appropriate officers and employees of the City to execute and deliver the
Lease in the form appended hereto with such changes and modifications as are
deemed necessary by the City Attorney; and (d) authorizes and directs the performance
by the City of its obligations under the Lease in the respective forms in which they are
executed and delivered.
Section 2. The Council hereby adopts, as if set forth in full herein, all the
representations, covenants, agreements, findings, determinations and statements of or
by the City set forth in the Lease attached hereto as Exhibit A.
Section 3. The officers, employees and agents of the City are authorized and
directed to take all action necessary or appropriate to carry out the provisions of this
Ordinance and the documents referred to herein and to carry out the transactions
described herein or in such documents, including, without limitation, the execution and
delivery of such certificates as may reasonably be required by the Bank, relating to,
among other matters, the absence of litigation, pending or threatened , and expectations
and covenants relating to the exclusion from gross income for federal income tax
purposes of the portion of Base Rentals which is designated in the Lease as interest,
and any actions and the execution and delivery of any documents necessary or
convenient to accomplish the conveyance of the Leased Property to, and acquisition of
the Leased Property by, the Bank.
Section 4. All actions previously taken by the Council and the officers, employees
and agents of the City which are directed toward the transactions described herein or in
the documents referred to herein and which are not inconsistent herewith are hereby
ratified , approved and confirmed.
Section 5. All bylaws, orders, resolutions, and other instruments, or parts thereof,
that are in conflict with this Ordinance are hereby repealed, but only to the extent of
such conflict. This repealer shall not be construed to revive any bylaw, order,
resolution, or other instrument, or part thereof, heretofore repealed
Section 6. If any section, paragraph, clause or provision of this Ordinance or any
of the documents referred to herein (other than provisions as to the payment of Base
Rentals and Additional Rentals by the City during the Lease term, including the
requirement that the obligations of the City to pay Base Rentals and Additional Rentals
under the Lease are conditioned upon the prior appropriation by the City of amounts for
such purposes in accordance with the requirements of the laws of the State, provisions
for the quiet enjoyment of the Leased Property by the City during the term of the Lease
and provisions for the transfer of the Leased Property to the City or its designee) shall
for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
2
4826-4769-0018.2
such section, paragraph, clause or provision shall not affect any of the remaining
provisions of this Ordinance.
Section 7. This Ordinance may be amended only with the prior written consent of
the Bank.
Section 8. The City's obligations under the Lease shall be annually renewable by
the City and expressly subject to annual appropriation by the Council, and such
obligations under the Lease shall not constitute a general obligation of the City or
indebtedness within the meaning of the Constitution and laws of the State of Colorado.
The Lease does not create a multiple fiscal year direct or indirect debt or other financial
obligation and does not require voter approval in advance under Section 4(b) of Article
X, Section 20 of the Colorado Constitution.
Section 9. The Lease will not cause the City to exceed its spending limits under
Section 7, Article X, Section 20 of the Colorado Constitution.
Section 10. It is hereby expressly declared that all provisions hereof and their
application are intended to be and are severable. In order to implement such intent, if
any provision hereof or the application thereof is determined by a court or administrative
body to be invalid or unenforceable, in whole or in part, such determination shall not
affect, impair or invalidate any other provision hereof or the application of the provision
in question to any other situation; and if any provision hereof or the application thereof is
determined by a court or administrative body to be valid or enforceable only if its
application is limited, its application shall be limited as required to most fully implement
its purpose.
Section 11. Effective Date. This Ordinance shall take effect immediately upon
adoption at second reading and signature by the Mayor, as permitted by Section 5.11 of
the Charter.
INTRODUCED, READ , AND ADOPTED on first reading by a vote of 6 to 0 on
this 23rd day of March, 2015, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for April 13, 2015 at 7:00 p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of _ to _, this 13th day of April , 2015.
Joyce Jay, Mayor
ATIEST:
Janelle Shaver, City Clerk
3
4826-4769-0018.2
First Publication : March 26, 2015
Second Publication:
Wheat Ridge Transcript
Effective Date:
APPROVED AS TO FORM:
Gerald Dahl
City Attorney
Introduced, read by title , and passed on second and final reading on the 131h day of
April, 2015, signed by the Mayor and ordered published by title in the Wheat Ridge
Transcript, a newspaper of general circulation in the City of Wheat Ridge , Colorado, in
accordance with the Home Rule Charter.
Joyce Jay, Mayor
ATIEST:
Janelle Shaver, City Clerk
4
4826-4 769-0018.2
EXHIBIT A
MUNICIPAL LEASE AND OPTION AGREEMENT
4826-4769-0018.2
COMMENCEMENT DATE: April 13, 2015
LESSOR:
LESSEE:
MUNICIPAL LEASE AND OPTION AGREEMENT
Alpine Bank and its Successors and Assigns
1777 Wynkoop Street
Denver, CO 80202
The City of Wheat Ridge, Colorado
7500 W. 29th A venue
Wheat Ridge, CO 80033
This Municipal Lease and Option Agreement (this "Agreement") entered into between
Alpine Bank and its successors and assigns (the "Lessor"), and the City of Wheat Ridge,
Colorado (the "Lessee"), a body corporate and politic duly organized and existing under the laws
and the Constitution of the State of Colorado (the "State") and the Lessee's charter.
RECITALS:
WHEREAS, the Lessee has previously entered into a Community Solar Interest Purchase
and Energy Agency Agreement (the "CEC Agreement") dated as of March 23,2015 , set forth as
Exhibit F attached to this Agreement, pursuant to which the Lessee is participating in a solar
garden project in Jefferson County, Colorado, which project is described in Exhibit D hereto (the
"Solar Project"); and
WHEREAS, to finance the Solar Project, the Lessee desires to assign all right, title and
interest in the CEC Agreement (the "Interests") to the Lessor and the Lessee desires to lease the
Interests from the Lessor, subject to the terms and conditions of and for the purposes set forth in
this Agreement; and
WHEREAS, the Lessee is authorized under the constitution and laws of the State to enter
into this Agreement; and
WHEREAS, the Lessee has delivered or has caused delivery of the following items to the
Lessor: (i) a true and correct copy of Ordinance No. (the "Ordinance"), set forth as
Exhibit A attached to this Agreement, (ii) an opinion or opinions of counsel to the Lessee,
substantially in the form set forth as Exhibit B attached to this Agreement, with only such
changes acceptable to the Lessor, (iii) the certificate of the Lessee set forth as Exhibit C attached
to this Agreement, and (iv) all other conditions set forth herein for the entry by the parties hereto
have been satisfied;
WHEREAS, the parties herein anticipate that upon execution of this Agreement, Lessor
intends to assign its rights and interests under this Agreement to Alpine Bank;
NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the
parties hereby agree as follows:
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ARTICLE I
REPRESENTATIONS AND WARRANTIES OF THE LESSEE
Section 1.01. Representations and Warranties of the Lessee. The Lessee represents
and warrants, for the benefit of the Lessor and its assignees, as follows:
(a) The Lessee is a public body, corporate and politic, duly organized and
existing under the laws and Constitution of the State and the Lessee's charter.
(b) The Lessee will do or cause to be done all things necessary to preserve and
keep in full force and effect its existence as a body corporate and politic.
(c) The Lessee is authorized under the Constitution and laws of the State to
enter into this Agreement and the transaction contemplated hereby and to perform all of
its obligations hereunder.
(d) The Lessee has been duly authorized to execute and deliver this
Agreement under the terms and provisions of the Ordinance and further represents,
covenants and wan·ants that all requirements have been met and procedures have
occurred, in order to ensure the enforceability of the Agreement, and the Lessee has
complied with such public bidding requirements as may be applicable to this Agreement
and the acquisition by the Lessee of the Interests thereunder.
(e) The Interests (as hereinafter defined) will have a useful life in the hands of
the Lessee that is in excess of the Lease Tenn.
ARTICLE II
DEFINITIONS
Section 2.01. Definitions. Unless the context clearly otherwise requires or unless
otherwise defined herein, the capitalized terms in this Agreement shall have the respective
meanings specified below.
"Agreement" means this Municipal Lease and Option Agreement with its Exhibits, which
Exhibits are attached hereto and incorporated herein by reference.
"Commencement Date" is the date when the tenn of this Agreement begins and the
Lessee's obligation to pay rent accrues, which date shall be the date first above written.
"Facility" means, together, the two solar fann facilities located in Jefferson County,
Colorado, which are the subject of the Community Solar Interest Purchase and Energy Agency
Agreement dated as of , 2015 by and between the Lessor and CEC Solar.
"Interests" means all rights, title and interest in the CEC Agreement including, but not
limited to, the rights relating to 972 solar panels at the Facility.
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"Lease Term" means the period beginning with the Commencement Date and continuing
until terminated pursuant to Section 4.01.
"Purchase Price" means the amount set forth and so titled in Exhibit E hereto which the
Lessee may pay to the Lessor to purchase the Interests as provided under Section 11.01.
"Rental Payments" means the basic rental payments payable by the Lessee pursuant to
Exhibit E attached to this Agreement.
"Solar Project Agreements" means the CEC Agreement and any other related agreements
pertaining to the construction, use, operation or maintenance of the Facility.
"Solar Project" means the contractual and property rights in the Facility described in
Exhibit D and which is the subject of this Agreement, and any and all additions thereto,
attachments or accessions thereto and substitutions thereof permitted by this Agreement.
"State" means the State of Colorado.
"Vendor" means, together, CEC Solar [#I 023, LLC], which is the seller, builder, and/or
supplier of various elements of the Solar Project.
ARTICLE III
LEASE OF INTERESTS
Section 3.01. Lease of Interests. The Lessee hereby assigns the Interests to the Lessor
and the Lessor hereby demises, leases and lets to the Lessee, and the Lessee rents, leases and
hires from the Lessor, the Interests, in accordance with the provisions of this Agreement, to have
and to hold for the Lease Term. Each party hereto acknowledges and represents that to the best
of its knowledge, the CEC Agreement is assignable under their tenns and is free and clear of all
liens and other encumbrances thereon.
Section 3.02. Use of Funds. On the Commencement Date, the Lessor shall wire transfer
the amount of $776,628 to the Lessee (constituting the principal funded of $800,000 minus
origination fees of $23,372) to be applied by the Lessee solely to (a) pay Vendor its contracted
cost pursuant to the te1ms of the CEC Agreement and (b) reimburse the Lessee in an amount not
to exceed $800,000 for its deposit with Vendor with respect to the CEC Agreement.
ARTICLE IV
LEASE TERM
Section 4.01. Lease Term. This Agreement shall be in effect and shall commence as of
the Commencement Date and will remain in effect throughout the Lease Tenn. The Lease Term
shall be fifteen ( 15) years commencing January 1 of a calendar year and ending on December 31
of the same calendar year, and ending on April 30, 2030. The Lease Term will terminate upon
the first to occur of: (a) the exercise by the Lessee of the option to purchase the Interests under
Article XI; (b) the Lessor's election to tenninate this Agreement upon a default under Article
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XIII; (c) the payment by the Lessee of all sums required to be paid by the Lessee hereunder; or
(d) the occurrence of an Event of Non-appropriation in accordance with Article VI, Section 6.05.
ARTICLE V
ENJOYMENT AND USE OF INTERESTS
Section 5.01. Quiet Enjoyment. The Lessor hereby agrees not to interfere with the
Lessee's quiet use and enjoyment of the Facility (to the extent the Lessee has such rights
pursuant to the CEC Agreement) or with the Lessee's economic benefit derived from the CEC
Agreement so long as no Event of Default has occurred and is continuing. Without limiting the
generality of the foregoing, during the Lease Term, the Lessor shall not encumber the Interests in
any manner which would interfere with the Lessee's quiet use and enjoyment of the Facility or
with the Lessee's economic benefit derived from the CEC Agreement.
Section 5.02. Use of the Interests. During the Lease Tenn, the Interests will be used by
the Lessee only for the purpose set forth in Exhibit C attached to this Agreement or, subject to
Article X of this Agreement, perfonning one or more other governmental or proprietary
functions of the Lessee consistent with the petmissible scope ofthe Lessee's authority; provided,
however, the Lessee shall have the right to sublet or allow other uses or users of the Interests to
the extent pennitted by Section 12.02.
Section 5.03. Right of Inspection. During the Lease Tem1, the Lessor and its officers,
employees and agents shall have all rights of inspection of the Facility to the extent the Lessee
has such rights pursuant to the CEC Agreement.
Section 5.04. Disclaimer of Warranties. The Lessor makes no warranty or
representation, either expressed or implied, as to the value, design, condition, merchantability or
fitness for patiicular purpose or fitness for use of the Interests or the Facility, or any other
warranty with respect thereto, and, as to the Lessor, the Lessee leases the Interests "as is". In no
event shall the Lessor be liable for any loss or damage, including incidental, indirect, special or
consequential damage, in connection with or arising out of this Agreement, or the existence,
furnishing, functioning or the Lessee's use of any items or products or services provided for in
this Agreement.
Section 5.05. Vendors Warranties. To the extent such claims and rights have not been
previously asserted, each party to this Agreement may assert claims and rights that the other
party may have against any Vendor of any potiion of the Facility.
ARTICLE VI
RENTAL PAYMENTS
Section 6.01. Rental Payments. During the Lease Tenn, the Lessee shall pay Rental
Payments, in immediately available funds, in the amounts and on the due dates set forth in
Exhibit E attached to this Agreement, to a Lessor designated account at a bank located within the
United States of America as directed in writing by the Lessor to the Lessee at least ten business
days prior to any such due date. Lessor hereby designates that Rental Payments shall initially be
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sent electronically to Alpine Bank, ABA# , GL Acct# Attn: Matt
Teeters Reference: until otherwise directed by the Lessor or its Assignee. The
Lessee shall pay Rental Payments to the Lessor as aforesaid without notice. The obligation of
the Lessee to pay Rental Payments hereunder is a current expense of the Lessee and not a debt of
the Lessee in contravention of any applicable limitations or requirements, nor shall anything
contained herein constitute a pledge of the general tax revenues, funds or moneys of the Lessee.
No provision of this Agreement is intended, directly or indirectly, (i) to create an obligation of
the Lessee to make any Rental Payment or to pay any other amount hereunder in any fiscal year
in excess of moneys appropriated by the Lessee for such purpose in such fiscal year, (ii) to create
a debt or multiple fiscal-year direct or indirect debt or other financial obligation whatsoever of
the Lessee with the meaning of Article XI, Section 6 or Article X, Section 20 of the Colorado
Constitution or any constitutional or statutory limitation or provision applicable to this
Agreement, (iii) to delegate governmental powers of the Lessee, (iv) to make a loan or to pledge
the credit or faith of the Lessee or to make the Lessee responsible for any debt or liability of any
person, company or corporation within the meaning of Article XI, Section l of the Colorado
Constitution, or (v) to make a donation or a grant by the Lessee to, or in aid of, any person,
company or corporation within the meaning of Article XI, Section 1 of the Colorado
Constitution.
Section 6.02. Interest and Principal Components. A portion of each Rental Payment
is paid as interest, and the balance of each Rental Payment is paid as principal. Exhibit E
attached to this Agreement sets forth the interest component and the principal component of each
Rental Payment during the Lease Term.
Section 6.03. Rental Payments to be Unconditional. Except as provided in Article IV
and this Article VI, the obligations of the Lessee to make Rental Payments, and to perform and
observe the covenants and agreements contained herein, shall be absolute and unconditional in
all events, notwithstanding any dispute between the Lessee and the Lessor, any Vendor or any
other person. The Lessee shall not assert any right of set-off or counterclaim against its
obligation to make payments under this Agreement.
Section 6.04. Continuation of Lease Term by the Lessee. Subject to Sections 6.01 and
6.05 , the Lessee intends to do all things lawfully within its power to obtain and maintain funds
from which the Rental Payments may be made.
Section 6.05. Non-appropriation. Notwithstanding any provision of this Agreement to
the contrary, (i) payment of Rental Payments and any other amounts by the Lessee under this
Agreement will constitute currently appropriated expenditures of the Lessee and may be paid
only from legally available funds appropriated by the Lessee for payment thereof; (ii) the
Lessee's obligations under this Agreement will be subject to its annual right to terminate this
Agreement upon the occurrence of an Event of Non-appropriation; and (iii) the Lessee will be
under no obligation to exercise its option to purchase the Interests pursuant to Section 11.01
hereof. An Event ofNon-appropriation shall be deemed to have occurred if: (a) on December 31
in any fiscal year of the Lessee, sufficient funds are not appropriated by the Lessee for the Rental
Payments due in the ensuing fiscal year, (b) by any date in a fiscal year on which the sum of the
Rental Payments and other amounts are due hereunder exceeds the amount that the Lessee has
appropriated for the payment thereof and any other lawfully available moneys available for the
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payment thereof, the Lessee shall have at such time not appropriated additional funds for the
payment of such Rental Payments and other amounts, or (c) an event described in Section 9.01
shall have occuned, the Lessee is required under Section 9.02 to fund costs of any repair,
restoration, modification or replacement of the Facility or to purchase the Facility as
contemplated thereby, and the Lessee has not appropriated amounts sufficient to meet such
requirement by December 31 of the fiscal year in which the deficiency giving rise to such
requirement becomes apparent to the Lessee. The Lessee shall promptly deliver notice of the
occunence of an Event of Non-appropriation to the Lessor. Upon the occunence of an Event of
Non-appropriation or an Event of Default, the obligations of the Lessee under this Agreement
shall terminate and the Lessor may reclaim possession of the Interests, and, in such event, the
Lessee shall within three (3) days of the Event of Non-appropriations (i) peacefully deliver all
title and interests in the Interests to the Lessor, and (ii) notify the Vendor and Xcel Energy that
ownership rights and electricity production from the CEC Agreement shall be credited to the
Lessor from the date of the Event of Non-appropriation.
ARTICLE VII
TITLE TO INTERESTS; LIENS AND ENCUMBRANCES
Section 7 .01. Ownership of the Interests. During the tenn of this Agreement, pursuant
to the assignment under Section 3.01 , the Interests shall be held in the nan1e ofthe Lessor, and,
except for its leasehold estate therein and subject to its option to acquire the Interests pursuant to
Section 11.0 I, the Lessee shall not have any interest therein.
Section 7.02. Liens and Encumbrances. The Lessee shall promptly discharge any liens
placed on the Interests and all additions, attachments, accessions and substitutions thereto, other
than those created by the Lessor.
Section 7.03. CEC Agreement. The Lessee hereby agrees that it shall not, without the
prior written consent of the Lessor, amend, modify or supplement the CEC Agreement.
ARTICLE VIII
MAINTENANCE; MODIFICATION; TAXES; INSURANCE AND OTHER CHARGES
Section 8.01. Maintenance of Facility. The Lessee will enforce on behalf of itself and
Lessor, at the Lessee's own cost and expense, all provisions of the Solar Project Agreements to
keep the Facility in good repair, working order and condition, to the extent that the Lessee has
any such obligations pursuant to the Solar Project Agreements.
Section 8.02. Taxes, Other Governmental Charges and Utility Charges. In the event
that the use, possession or acquisition of the Interests is found to be subject to taxation in any
form (except for income taxes of the Lessor), govemment charges or utility charges and
expenses, the Lessee will pay all such taxes and charges as they come due. The Lessee shall be
responsible for submitting all paperwork with any governmental body or utility company
pertaining to the exemption from taxes or utility fees for any portion of the Interests, as deemed
appropriate by the Lessee.
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Section 8.03. Provisions Regarding Insurance. All Net Proceeds (defined in Section
9.01) from casualty losses on the Facility pursuant to the Solar Project Agreements which may
be received by the Lessee shall be payable as hereinafter provided in this Agreement.
Section 8.04. Advances. In the event the Vendor shall fail to maintain the full insurance
coverage required by the Solar Project Agreements or shall fail to keep the Facility in good
repair and operating condition, the Lessor may (but shall be under no obligation) purchase the
required policies of insurance and pay the premiums on the same or may make such repairs or
replacements as are reasonably necessary and provide for payment thereof, but only to the extent
permitted by the Solar Project Agreements by virtue of Lessor's ownership of the Interests; all
amounts so advanced therefore by the Lessor shall be repaid by the Lessee to the Lessor,
together with interest thereon at the rate specified for interest on late payments in Section 13.05
hereof.
Section 8.05. Modifications. Without the prior express written consent of the Lessor,
the Lessee shall not make any material alterations, modifications or attachments to the Interests
or the Facility; provided, however, the Lessee may make alterations, modifications or
attachments to the Facility, without the consent of the Lessor, if such modifications (i) are
consistent with the use of the Lessee's use of the Interests described in Exhibit C hereto, and (ii)
the value of the Interests after the completion thereof shall not be less than the value of the
Interests prior thereto and , if materially higher, shall not cause the Lessee to breach Article X of
this Agreement or to violate Article X, Section 20 or other applicable provisions of the Colorado
Constitution.
ARTICLE IX
DAMAGE, DESTRUCTION AND CONDEMNATION; USE OF NET PROCEEDS
Section 9.01. Damage, Destruction and Condemnation. If (a) the Facility or any
portion thereof is destroyed (in whole or in part) or is damaged by fire or other casualty or (b)
title to, or the temporary use of the Facility or any part thereof is taken under the exercise of the
power of eminent domain, the Lessee and the Lessor will cause the Net Proceeds of any
insurance claim or condemnation award which is payable to the Lessee or the Lessor to be
applied either to the prompt repair, restoration, modification or replacement of the Facility
consistent with the tenns of the CEC Agreement or, at the Lessee's option, to the payment in full
of the Purchase Price. Any balance of the Net Proceeds remaining after such work or purchase
has been completed shall be paid to the Lessee.
For purposes of Article VIII, Section 8.03, and this Article IX, the term "Net
Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim or
condemnation award after deducting all expenses (including attorney's fees) incurred in the
collection of such claims or award.
Section 9.02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay
in full the cost of any repair, restoration, modification or replacement, the Lessee, subject to
Sections 6.01 and 6.05, shall either (a) complete the work and pay any cost in excess of the
amount of Net Proceeds (to the extent it is pennitted to do so by the Solar Project Agreements),
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or (b) the Lessee shall pay to the Lessor the Purchase Price. The amount of the Net Proceeds in
excess of the then applicable Purchase Price, if any, may be retained by the Lessee. If by
December 31 of the fiscal year of the Lessee in which the loss, damage or destruction of the
Facility occurred (or December 31 of any subsequent fiscal year of the Lessee during which the
insufficiency of Net Proceeds to repair or replace the Facility becomes apparent), the Lessee has
not appropriated amounts sufficient to proceed under either clause (a) or (b) of this Section, then
an Event of Non-appropriations shall be deemed to have occurred.
ARTICLE X
RESERVED
ARTICLE XI
OPTION TO PURCHASE
Section 11.01. Purchase Rights. Subject to Sections 6.01 and 6.05, the Lessee shall be
entitled to purchase the Interests and the 972 solar panels associated with the Interests at any
time after July I3, 20I9:
(a) Upon payment in full of all Rental Payments in accordance with Exhibit E
attached to this Agreement and all other amounts due hereunder; or
(b) Provided there is no Event of Default hereunder and upon written notice
delivered at least 30 days in advance, the Lessee may purchase the Interests at any time
by paying to the Lessor (I) the next Rental Payment then coming due, (2) the Remaining
Balance as set forth in Exhibit E, and (3) all other amounts then due hereunder.
Upon the Lessee's exercise of its purchase rights pursuant to this Section 11.01 , and
Lessee's payment to Lessor of all amounts due pursuant to this Agreement, the Lessor shall
execute and deliver to the Lessee, or upon its order, a tennination of the assignment set forth in
Section 3.0 I and all other documents deemed reasonably necessary by the Lessee to effect the
assignment, transfer and conveyance of the Interests, free and clear of any liens or encumbrances
(other than this Agreement), and the Lessor shall tenninate any security interests created by this
Agreement. The Lessor shall not be responsible to pay any costs or expenses incurred by the
Lessee in connection with its exercise of such purchase option or the closing for the assigmnent,
transfer and conveyance of title and release of any and all such security interests.
Unless the Lessee otherwise provides written notice to the Lessor to the contrary at least
thirty days prior to the end of the Lease Term, the Lessee shall be deemed to exercise its option
to purchase the Interests upon payment of the final Rental Payment due hereunder as set forth in
Exhibit E attached to this Agreement, and the closing for the assignment, transfer and
conveyance of the Interests to the Lessee shall occur upon such final payment.
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ARTICLE XII
ASSIGNMENT, SUBLEASING, INDEMNIFICATION, MORTGAGING AND SELLING
Section 12.01. Assignment or Sale by the Lessor.
(a) This Agreement, and the obligations of the Lessee to make payments
hereunder, may be sold, assigned or otherwise disposed of in whole or in part to one or
more successors, grantors, holders, assignees or subassignees by the Lessor; provided,
however, that such assignment shall be limited to institutional investor(s) or accredited
investor(s), as defined in the Securities Act of 1933 (including amendments thereto).
Upon any sale, disposition, assigmnent or reassigmnent, the Lessee shall be provided
with a notice of said assignment.
(b) The Lessee agrees to make all payments to the assignee designated in the
assigmnent, notwithstanding any claim, defense, setoff or counterclaim whatsoever that
the Lessee may from time to time have against the Lessor or any Vendor. The Lessee
agrees to execute all documents, including notices of assigmnent and chattel mortgages
or financing statements, which may be reasonably requested by the Lessor or assignee to
protect its ownership of the Interests and in this Agreement.
(c) The Parties hereto acknowledge that upon execution of this Agreement,
Lessor intends to assign its rights and interests under this Agreement to Alpine Bank.
Section 12.02. Sale, Assignment or Subleasing by the Lessee. This Agreement and
the leasehold estate of the Lessee in the Interests may not be sold, assigned or encumbered by the
Lessee without the prior written consent of the Lessor.
Section 12.03. Release and Indemnification Covenants. To the extent permitted by
the laws and Constitution of the State, and subject to Sections 6.01 and 6.05 of this Agreement,
the Lessee shall protect, hold harmless and indemnify the Lessor from and against all liability,
obligations, losses, claims and/or damages arising out of its ownership of the Interests, including
related counsel fees, penalties and interest but excluding any such liability, obligations, losses,
claims, damages, counsel fees, penalties or interest resulting from Lessor's intentional or
negligent acts. If the Lessee has any pecuniary obligation under this Section 12.03 to indemnify
the Lessor, the Lessee shall pay the amount required by such obligation as additional rent to the
Lessor upon 30 days written demand, but no later the last day of the fiscal year in which such
obligation arises, and payment of any such obligation shall be subject to appropriation by the
Lessee of funds sufficient therefor in such fiscal year, with a failure to appropriate sufficient
funds causing an Event of Non-appropriation under Section 6.05 hereof.
The Lessor agrees that, upon the receipt of notice of the commencement of any
action against it in respect to which indemnity may be sought on account of this Section, it shall
promptly give written notice of the commencement thereof to the Lessee, but the omission to do
so shall not relieve the Lessee of any liability it may have to the Lessor otherwise than on
account of this Section, except to the extent timely notice would have reduced or avoided such
liability. In case such notice of any such action shall be so given, the Lessee shall be entitled to
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participate at its own expense in the defense or, if it so elects, to assume the defense of such
action, in which event such defense shall be conducted by counsel chosen by the Lessee,
reasonably satisfactory to the Lessor, and shall bear the fees and expenses of such action. The
Lessor shall have the right to retain separate counsel in any such action and to participate in the
defense thereof, but shall bear the fees and expenses of such counsel, unless (i) the Lessee shall
have specifically authorized in writing the retaining of such counsel , in which case the Lessee
shall bear the fees and expenses of such counsel; or (ii) the parties to such action include the
Lessor and the Lessee and the Lessor reasonably detennines that a conflict of interest exists
between it and the Lessee in the context of such action, in which case the Lessee shall not be
entitled to assume the defense of such action without the prior written consent of the Lessor and,
if the Lessor does not consent and engages separate counsel, the Lessee shall bear the fees and
expenses of such separate counsel. The Lessee shall not be liable hereunder for any settlement
effected without its prior written consent.
Subject to the foregoing, including without limitation the applicability of Sections
6.01 and 6.05 hereof, the obligations arising under this Section shall survive the termination of
this Agreement. To the extent any obligation of the Lessee under this Section 12.03 shall be
construed by a court of competent jurisdiction to be a violation of the laws or Constitution of the
State, such obligation shall be void.
ARTICLE XIII
EVENTS OF DEFAULT AND REMEDIES
Section 13.01. Events of Default. The following constitute "Events of Default" under
this Agreement:
(a) failure by the Lessee to pay any Rental Payment or other payment required
to be paid hereunder when due; or
(b) failure by the Lessee to observe and perfonn any other covenant, condition
or agreement on its part to be observed or performed for a period of 30 days after written
notice is given to the Lessee by the Lessor, specifying such failure and requesting that it
be remedied; provided, however, that if the failure stated in such notice cannot be
corrected within such 30-day period, the Lessor will not unreasonably withhold its
consent to an extension of such time if corrective action is instituted by the Lessee within
the applicable period and diligently pursued until the default is corrected; or
(c) federal or state court proceedings which involve (i) the filing of a petition
in bankruptcy by or against the Lessee and the continuance of any such filing unstayed
and in effect for a period of 60 consecutive days; (ii) failure by the Lessee to lift within
60 days any execution, garnishment or attachment of such consequence as would impair
the ability of the Lessee to carry on its governmental functions; (iii) the entry by the
Lessee into an agreement of composition with creditors; (iv) the approval by a court of
competent jurisdiction of any adjustment of indebtedness of the Lessee and the
continuance of any such order unstayed and in effect for a period of 60 days; or (v) the
dissolution or liquidation of the Lessee.
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The foregoing provisions of this Section 13.01 are subject to the provisions of
Article IV and Article VI hereof (including, but not limited to, Sections 6.01 and 6.05).
Section 13.02. Remedies on Default. Whenever any Event of Default shall have
occurred and be continuing, the Lessor shall have the right, at its sole option without any further
demand or notice, to take any one or any combination of the following remedial steps:
(a) Terminate this Agreement and retake possession of the Interests; or
(b) Use, sell, lease, or make other disposition of the Interests for use over a
term in a commercially reasonable manner, all for the account of the Lessor; provided
that, subject to Sections 6.01 and 6.05 , the Lessee shall remain directly liable for the
amount actually appropriated for the purchase or rental of the Interests and unpaid by the
Lessee during the current fiscal year, less any an1ount received under any lease or
sublease during same fiscal year; or
(c) Proceed by appropriate court action to enforce performance by the Lessee
of the applicable covenants of this Agreement or to recover from the Lessee for the
breach thereof; provided, however, a judgment requiting a payment of money by the
Lessee shall be limited as set forth in subparagraph (b) above.
The Lessor shall apply the proceeds of any sale, lease, sublease or other disposition of
the Interests or other moneys received pursuant to this Section 13.02 in the following manner:
FIRST, to pay the Lessor (i) the amount of all unpaid Rental Payments, if any, which are
then due and owing, together with interest and late charges thereon, to the date the Lessee
relinquishes the Interests, (ii) if the Lessee has duly exercised its option to purchase the Interests
pursuant to Section 11.01 , the then applicable Purchase Price (taking into account the payment of
past due Rental Payments as aforesaid) then due, and (iii) any other amounts due hereunder,
provided that the Lessee has specifically appropriated moneys to pay such amounts; and
SECOND, to use the remainder of funds as Lessor, in its sole discretion, may decide.
All of the Lessee's right, title and interest in the Interests, the possession of which is
retaken by the Lessor upon the occurrence of an Event of Default or Event of Non-appropriation,
shall terminate immediately upon such repossession.
Section 13.03. Surrender of Interests. Upon an Event of Default, the Lessee agrees to
surrender the Interests at the Lessee's sole cost and expense, in the same manner provided in
respect of recovery after an Event of Non-appropriation in accordance with Article VI, Section
6.05.
Section 13.04. No Remedy Exclusive. No remedy herein conferred upon or reserved to
the Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Agreement or now or hereafter existing at law or
in equity.
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Section 13.05. Late Charge; Interest on Late Payment. Any Rental Payment not paid
by the due date thereof shall bear a late charge on the outstanding amounts due. Any unpaid
Rental Payment or other amount payable by the Lessee to the Lessor hereunder, shall bear
interest at the lesser of(a) the rate payable on the principal portion ofthe Purchase Price (5.75%)
plus five full percentage points per annum, or (b) the maximum rate allowed by law.
Section 13.06. Force Majeure. If by reason of force majeure the Lessee is unable in
whole or in part to carry out its agreement on its part herein contained, other than the obligations
on the part of the Lessee contained in Article VI and Article VIII Section 8.03 hereof, the Lessee
shall not be deemed in default during the continuance of such inability. The tenn "force
majeure" as used herein shall mean, without limitation, the following: acts of God, strikes,
lockouts or other industrial disturbances; act of public enemies, orders or restraints of any kind of
the government of the United States of America or the State or any of their departments,
agencies or officials, or any civil or military authority; insurTections; riots; landslides;
earthquakes; fires; stonns; tornados; droughts; floods; or explosions.
ARTICLE XIV
MISCELLANEOUS
Section 14.01. Notices. All notices, certificates or other communications hereunder
shall be sufficiently given and shall be deemed given when delivered or mailed by registered
mail, postage prepaid, to the parties at the addresses set forth on the first page hereof.
Section 14.02. Governmental Immunity. Notwithstanding any other provisions of thi s
Agreement to the contrary, no term or condition of this Agreement 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, Section 24-10-101 et seq. (the
"Governmental Immunity Act"), Colorado Revised Statutes, as now or hereafter amended. The
parties understand and agree that liability for claims for injuries to persons or property arising
out of negligence of the Lessee, its departments, institutions, agencies, boards, officials and
employees, is subject to the Govemmental Immunity Act and other applicable law.
Section 14.03. Sovereign Powers . Nothing in thi s Agreement shall be construed as
delegating, relinquishing, diminishing or otherwise restricting any of the sovereign powers or
immunities of the Lessee. Nothing in this Agreement shall be construed to require the Lessee to
use the Interests other than as lessee pursuant to and in accordance with this Agreement, to
appropriate funds for the payment of its obligations hereunder, or to exercise its right to purchase
the Interests as provided in Section 11 .0 l hereof.
Section 14.04. Continuing Disclosure. The Lessee covenants and agrees to provide the
Lessor audited financial statements of the Lessee within 210 days of the close of the Lessee's
fiscal year and to provide updated infonnation regarding the Lessee that was initially provided
the Lessor in order to persuade the Lessor to enter into this Agreement. In regards to any
outstanding bonds, notes, certificates, capital leases (including this Agreement), or other
obligation of the Lessee, the Lessee shall promptly notify the Lessor of (a) a delinquency or
default of the payment of principal or interest or non-monetary default, (b) unscheduled draws of
12
4827-9220-3297.3
a debt service reserve funds or credit enhancement (c) a substitution of a credit provider or its
failure to perform, (d) the modification of the rights of holders of the Lessee's debt, (e) debt
redemption or defeasance, (f) the release, sale or substitution of collateral securing the repayment
of its debt, and (g) a change in the Lessee's published credit ratings. In addition, during the
period this Agreement is in force, the Lessee will annually provide the Lessor with CUtTent
financial statements, budgets, proof of appropriation for the ensuing fiscal year and such other
financial information relating to the ability of the Lessee to continue this Agreement as may be
reasonably requested by the Lessor or its assignee.
Section 14.05. Binding Effect. This Agreement shall inure to the benefit of and shall be
binding upon the Lessor and the Lessee and their respective successors and assigns.
Section 14.06. Severability. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof.
Section 14.07. Amendments. All amendments hereto must be in writing and executed
and delivered by the respective parties hereto.
Section 14.08. Execution in Counterparts. This Agreement may be executed in several
counterparts.
Section 14.09. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State.
Section 14.10. Captions. The captions or heading in the Agreement are for convenience
only and no way define, limit or describe the scope or intent of any provisions or sections of this
Agreement.
Section 14.11. Entire Agreement. This Agreement constitutes the entire agreement
between the Lessor and the Lessee. No waiver, consent, modification or change of terms of this
Agreement shall bind either party unless in writing signed by both parties, and then such waiver,
consent, modification or change shall be effective only in the specific instance and for the
specific purpose given. There are no understandings, agreements, representations or warranties,
express or implied, specified herein regarding this Agreement or the Interests leased hereunder.
Any tenns and conditions of any purchase order or other document (with the exception of
Supplements) submitted by the Lessee in connection with this Agreement which are in addition
to or inconsistent with the terms and conditions of this Agreement will not be binding on the
Lessor and will not apply to this Agreement. The Lessee by the signature below of its authorized
representative acknowledges that it has read this Agreement, understands it and agrees to be
bound by its terms and conditions.
[The remainder of this page is intentionally left blank.]
13
4827-9220-3297.3
IN WITNESS WHEREOF, the Lessor has executed this Agreement in its corporate
name, and the Lessee has caused this Agreement to be executed in its corporate name, attested by
its duly authorized officers. All of the above occurred as of the date first written on the heading
hereof.
LESSEE: THE CITY OF WHEAT
RIDGE, COLORADO
By: ----------------------------Title: Joyce Jay, Mayor
Approved as to form:
By: Gerald Dahl , City Attorney
LESSOR: ALPINE BANK
By: ----------------------------Title: , Vice President -----------
Attest:
By: ---------------------------Title: Janelle Shaver, City Clerk
[Signature page to the Municipal Lease and Option Agreement]
14
4827-9220-3297.3
4827-9220-3297.3
EXHIBIT A
AUTHORIZING ORDINANCE
EXHIBIT B
OPINION OF SPECIAL COUNSEL TO THE CITY OF WHEAT RIDGE
4827-9220-3297.3
IN WITNESS WHEREOF, I have executed and delivered this certificate as of the _
day of , 2015.
City Clerk
C-2
4827-9220-3297.3
EXHIBIT D
DESCRJPTION OF THE SOLAR PROJECT
The City has entered into the CEC Agreement to finance the acquisition of electric
generating capacity and actual electric production of 972 solar panels located in a community
solar array in Jefferson County, Colorado, resulting in energy credits from its utility provider,
Public Service Company of Colorado d/b/a Xcel Energy, for power generated by the solar panels
in connection with providing electricity to public buildings used by the City to conduct its
governmental business.
4827-9220-3297.3
4827-9220-3297.3
EXHIBIT E
Rental Payments and Optional Purchase Price
Municipal Lease Dated , 2015
(based on a taxable interest rate of5.750%)
(attached)
AMORTIZATION SCHEDULE
(Continued) Page2
52 08-Q1-2019 6,678.02 3,163.39 3,514.63 635,375.05
53 09-Q1-2019 6,678.02 3,145.99 3,532.03 631 ,843.02
54 10-Q1-2019 6,678.02 3,027.58 3,650.44 628,192.58
55 11-Q1-2019 6,678.02 3,110.43 3,567.59 624,624.99
56 12-Q1-2019 6,678.02 2,992.99 3,685.03 620,939.96
2019 TOTALS: 80,136.24 37,553.83 42,582.41
57 01-Q1-2020 6,678.02 3,074.52 3,603.50 617,336.46
58 02-Q1-2020 6,678.02 3,056.67 3,621.35 613,715.11
59 03-Q1-2020 6,678.02 2,744.67 3,933.35 609,781.76
60 04-Q1-2020 6,678.02 3,019.27 3,658.75 606,123.01
61 05-o1-2020 6,678.02 2,904.34 3,773.68 602,349.33
62 06-Q1-2020 6,678.02 2,982.47 3,695.55 598,653.78
63 07-Q1-2020 6,678.02 2,868.55 3,809.47 594,844.31
64 08-Q1-2020 6,678.02 2,945.31 3,732.71 591,111.60
65 09-Q1-2020 6,678.02 2,926.82 3,751.20 587,360.40
66 10-Q1-2020 6,678.02 2,814.44 3,863.58 583,496.82
67 11-Q1-2020 6,678.02 2,889.12 3,788.90 579,707.92
68 12-Q1-2020 6,678.02 2,777.77 3,900.25 575,807.67
2020 TOTALS: 80,136.24 35,003.95 45,132.29
69 01-Q1-2021 6,678.02 2,851.05 3,826.97 571,980.70
70 02-Q1-2021 6,678.02 2,832.10 3,845.92 568,134.78
71 03-Q1-2021 6,678.02 2,540.82 4,137.20 563,997.58
72 04-Q1-2021 6,678.02 2,792.57 3,885.45 560,112.13
73 05-o1-2021 6,678.02 2,683.87 3,994.15 556,117.98
74 06-Q1-2021 6,678.02 2,753.56 3,924.46 552,193.52
75 07-Q1-2021 6,678.02 2,645.93 4,032.09 548,161.43
76 08-Q1-2021 6,678.02 2,714.16 3,963.86 544,197.57
77 09-Q1-2021 6,678.02 2,694.53 3,983.49 540,214.08
78 10-Q1-2021 6,678.02 2,588.53 4,089.49 536,124.59
79 11-Q1-2021 6,678.02 2,654.56 4,023.46 532,101.13
80 12-Q1-2021 6,678.02 2,549.65 4,128.37 527,972.76
2021 TOTALS: 80,136.24 32,301.33 47,834.91
81 01-Q1-2022 6,678.02 2,614.20 4,063.82 523,908.94
82 02-Q1-2022 6,678.02 2,594.08 4,083.94 519,825.00
83 03-Q1-2022 6,678.02 2,324.77 4,353.25 515,471.75
84 04-Q1-2022 6,678.02 2,552.30 4,125.72 511,346.03
85 05-o1-2022 6,678.02 2,450.20 4,227.82 507,118.21
86 06-Q1-2022 6,678.02 2,510.94 4,167.08 502,951.13
87 07-Q1-2022 6,678.02 2,409.97 4,268.05 498,683.08
88 08-Q1-2022 6,678.02 2,469.17 4,208.85 494,474.23
89 09-Q1-2022 6,678.02 2,448.33 4,229.69 490,244.54
90 10-Q1-2022 6,678.02 2,349.09 4,328.93 485,915.61
91 11-Q1-2022 6,678.02 2,405.96 4,272.06 481,643.55
92 12-Q1-2022 6,678.02 2,307.88 4,370.14 477,273.41
2022 TOTALS: 80,136.24 29,436.89 50,699.35
93 01-Q1 -2023 6,678.02 2,363.17 4,314.85 472,958.56
94 02-Q1 -2023 6,878.02 2,341.80 4,336.22 468,622.34
95 03-Q1 -2023 6,678.02 2,095.78 4,582.24 464,040.10
96 04-Q1-2023 6,678.02 2,297.64 4,380.38 459,659.72
97 05-Q1 -2023 6,678.02 2,202.54 4,475.48 455,184.24
98 06-Q1-2023 6,678.02 2,253.79 4,424.23 450,760.01
99 07-Q1 -2023 6,678.02 2,159.89 4,518.13 446,241.88
100 08-Q1-2023 6,678.02 2,209.52 4,468.50 441,773.38
101 09-Q1 -2023 6,678.02 2,187.39 4,490.63 437,282.75
102 10-Q1-2023 6,678.02 2,095.31 4,582.71 432,700.04
103 11-Q1-2023 6,678.02 2,142.47 4,535.55 428,164.49
104 12-Q1-2023 6,678.02 2,051.62 4,626.40 423,538.09
2023 TOTALS: 80,136.24 26,400.92 53,735.32
105 01-Q1 -2024 6,678.02 2,097.10 4,580.92 418,957.17
106 02-Q1 -2024 6,678.02 2,074.42 4,603.60 414,353.57
107 03-Q1-2024 6,678.02 1,853.08 4,824.94 409,528.63
108 04-Q1-2024 6,678.02 2,027.74 4,650.28 404,878.35
109 05-o1-2024 6,678.02 1,940.04 4,737.98 400,140.37
110 06-Q1-2024 6,678.02 1,981.25 4,696.77 395,443.60
111 07-Q1 -2024 6,678.02 1,894.83 4,783.19 390,660.41
112 08-Q1 -2024 6,678.02 1,934.31 4,743.71 385,916.70
113 09-Q1 -2024 6,678.02 1,910.82 4,767.20 381 ,149.50
114 10-Q1-2024 6,678.02 1,826.34 4,851.68 376,297.82
115 11-Q1-2024 6,678.02 1,863.20 4,814.82 371,483.00
116 12-Q1-2024 6,678.02 1,780.02 4,898.00 366,585.00
E-3
4827-9220-3297.3
AMORTIZATION SCHEDULE
(Continued) Page3
2024 TOTALS: 80,136.24 23,183.15 56,953.09
117 01..01-2025 6,678.02 1,815.10 4,862.92 361,722.08
118 02..01-2025 6,678.02 1,791.03 4,886.99 356,835.09
119 03..01-2025 6,678.02 1,595.85 5,082.17 351,752.92
120 04..01-2025 6,678.02 1,741.67 4,936.35 346,816.57
121 05..01-2025 6,678.02 1,661.83 5,016.19 341,800.38
122 06..01-2025 6,678.02 1,692.39 4,985.63 336,814.75
123 07..01-2025 6,678.02 1,613.90 5,064.12 331,750.63
124 08..01-2025 6,678.02 1,642.63 5,035.39 326,715.24
125 09..01-2025 6,678.02 1,617.69 5,060.33 321,654.91
126 10..01-2025 6,678.02 1,541.26 5,136.76 316,518.15
127 11..01-2025 6,678.02 1,567.20 5,110.82 311,407.33
128 12..01-2025 6,678.02 1,492.16 5,185.86 306,221.47
2025 TOTALS: 80,136.24 19,772.71 60,363.53
129 01..01-2026 6,678.02 1,516.22 5,161.80 301,059.67
130 02..01-2026 6,678.02 1,490.66 5,187.36 295,872.31
131 03..01-2026 6,678.02 1,323.21 5,354.81 290,517.50
132 04..01-2026 6,678.02 1,438.47 5,239.55 285,277.95
133 05..01-2026 6,678.02 1,386.96 5,311.06 279,966.89
134 06..01-2026 6,678.02 1,386.22 5,291.80 274,675.09
135 07..01-2026 6,678.02 1,316.15 5,361.87 269,313.22
138 08..01 -2026 6,678.02 1,333.47 5,344.55 283,968.67
137 09..01-2026 6,678.02 1,307.01 5,371.01 258,597.66
138 10..01-2026 8,678.02 1,239.11 5,438.91 253,158.75
139 11..01-2026 6,678.02 1,253.49 5,424.53 247,734.22
140 12..01-2026 6,678.02 1,187.06 5,490.96 242,243.26
2028 TOTALS: 80,138.24 18,156.03 83,978.21
141 01..01-2027 6,678.02 1,199.44 5,478.58 236,764.68
142 02..01-2027 6,678.02 1,172.31 5,505.71 231,258.97
143 03..01-2027 6,678.02 1,034.24 5,643.78 225,615.19
144 04..01-2027 6,678.02 1,117.11 5,560.91 220,054.28
145 05..01-2027 6,678.02 1,054.43 5,623.59 214,430.69
146 06..01-2027 6,678.02 1,061.73 5,816.29 208,814.40
147 07..01-2027 6,678.02 1,000.57 5,677.45 203,136.95
148 08..01-2027 6,678.02 1,005.81 5,672.21 197,464.74
149 09..01-2027 6,678.02 977.72 5,700.30 191,764.44
150 10..01-2027 6,878.02 918.87 5,759.15 186,005.29
151 11..01-2027 6,678.02 920.98 5,757.04 180,248.25
152 12..01-2027 6,678.02 863.69 5,814.33 174,433.92
2027 TOTALS: 80,136.24 12,326.90 67,809.34
153 01..01-2028 6,678.02 863.69 5,814.33 168,619.59
154 02..01-2028 6,678.02 834.90 5,643.12 162,776.47
155 03..01-2028 6,878.02 727.97 5,950.05 156,826.42
156 04..01-2028 6,678.02 776.51 5,901.51 150,924.91
157 05-Q1-2028 6,678.02 723.18 5,954.84 144,970.07
158 06..01-2028 6,678.02 717.80 5,960.22 139,009.85
159 07..01-2028 6,678.02 666.09 6,011 .93 132,997.92
160 08..01-2028 6,678.02 658.52 6,019.50 126,978.42
161 09..01-2028 6,678.02 628.72 6,049.30 120,929.12
162 10..01-2028 6,678.02 579.45 6,098.57 114,830.55
163 11..01-2028 6,678.02 568.57 6,109.45 108,721.10
164 12..01-2028 6,678.02 520.96 6,157.06 102,564.04
2028 TOTALS: 80,136.24 8,266.36 71,869.88
165 01..01-2029 6,678.02 507.83 6,170.19 96,393.85
166 02..01-2029 6,678.02 477.28 6,200.74 90,193.11
167 03..01-2029 6,678.02 403.36 6,274.66 83,918.45
168 04..01-2029 6,678.02 415.51 6,262.51 77,655.94
169 05-Q1-2029 6,678.02 372.10 6,305.92 71,350.02
170 06..01-2029 6,678.02 353.28 6,324.74 65,025.28
171 07..01-2029 6,678.02 311 .58 6,366.44 58,658.84
172 08..01-2029 6,678.02 290.44 6,387.58 52,271 .26
173 09..01-2029 6,678.02 258.82 6,419.20 45,852.06
174 10..01-2029 6,678.02 219.71 6,458.31 39,393.75
175 11..01-2029 6,678.02 195.05 6,482.97 32,910.78
176 12..01-2029 6,678.02 157.70 6,520.32 26,390.46
2029 TOTALS: 80,138.24 3,962.66 76,173.58
177 01..01-2030 6,678.02 130.67 6,547.35 19,843.11
178 02..01-2030 6,678.02 98.25 6,579.77 13,263.34
179 03..01-2030 6,678.02 59.32 6,818.70 6,644.64
180 04..01-2030 6,678.02 33.38 6,644.64 0.00
E-4
4827-9220-3297.3
Council Action Form -Joint Use Agreement with PSCO
April 13, 2015
Page 2
agreement (primarily insurance and permitting the City to install attachments with its
own forces) have been resolved to the City Attorney's satisfaction
RECOMMENDATIONS:
Approve the Agreement.
RECOMMENDED MOTION:
"I move to approve a Joint Use Agreement with Public Service Company (PSCo) of
Colorado regarding ornamental pole attachments on PSCo owned street light poles."
Or,
"I move to not approve a Joint Use Agreement with Public Service Company (PSCo) of
Colorado regarding ornamental pole attachments on PSCo owned street light poles for the
following reason(s) "
REPORT PREPARED/REVIEWED BY;
Gerald Dahl, City Attorney
Patrick Goff, City Manager
ATTACHMENTS:
1. Joint Use Agreement
JOINT USE AGREEMENT REGARDING STREET LIGHT POLES
OWNED BY PUBLIC SERVICE COMPANY OF COLORADO
This JOINT USE AGREEMENT REGARDING STREET LIGHT POLES OWNED
BY PUBLIC SERVICE COMPANY OF COLORADO ("Agreement") is entered into and
effective as of the __ day of , 2015 ("Effective Date"), by and
between Public Service Company of Colorado, a Colorado corporation ("PSCo"), and the City of
Wheat Ridge, a Colorado home rule municipality ("City").
RECITALS
A. PSCo owns certain street light poles located within the boundaries of the City
described on Exhibit A, attached hereto and incorporated by this reference (the "Poles");
B. City has requested permission from PSCo to attach ornamental banners, planters,
way finding signs (e.g. "historic district next right"), holiday lights and other seasonal
decorations, meeting the criteria in the Specifications defined below (each an "Ornamental Pole
Attachment"), to the Poles;
C. The use of the Poles for Ornamental Pole Attachments is undertaken as part of the
operations of the City;
D. PSCo is willing to grant pennission to City for thjs purpose, subject to the terms
and conditions stated in this Agreement;
E. Ornamental Pole Attachments are not included as or a part of electric service
under the Company's electric tariff including street lighting service; and
F. This Agreement is entered into to set forth the process and standards for the
temporary attachment of Ornamental Pole Attachments to the Poles.
AGREEMENT
1. License.
(a) PSCo hereby grants City a license, for the Term (defined below), to attach
Ornamental Pole Attachments to the Poles, subject to compliance by the City with the terms and
conditions of this Agreement. This Agreement does not create a lease, easement or other real
property interest. Nothing contained in this Agreement shall be deemed or construed to create a
partnership or joint venture of or between PSCo and City, or to create any other relationship
between the parties other than that oflicensor and licensee.
(b) The license granted by this Agreement does not include electricity to power any
holiday lights or other aspect of an Ornamental Pole Attachment. Electricity for Ornamental
JOINT USE AGREEMENT REGARDING STREET LIGHT POLESOWNED BY PUBLIC SERVICE COMPANY
OF COLORADO
Page 1 of 15
Attachment 1
Pole Attachments shall be supplied by PSCo, subject to and in accordance with PSCo's tariff on
file with the Colorado Public Utilities Commission, as amended from time-to-time.
(c) The license to attach an Ornamental Pole Attachment to any particular Pole may
be revoked by PSCo: (i) on twenty (20) days' notice if the City is in default of any provision of
this Agreement; and (ii) without notice if any Ornamental Pole Attachment interferes with
PSCo's operation of any Pole for street lighting purposes or if deemed prudent by PSCo for the
protection of its Poles because of occurring or forecast weather conditions, including wind.
2. Ornamental Pole Attachment Criteria
(a) The size, type, material and all other aspects of each Ornamental Pole Attachment
and the method of attachment of the Ornamental Pole Attachment to any Pole must at all times
comply with specifications that may be adopted from time to time by PSCo (the
"Specifications"). PSCo reserves the right, without approval from City, to rescind, supplement
and amend the Specifications at any time. The Specifications as of the Effective Date are
attached hereto as Exhibit B. At any time, PSCo may notify the City, in writing, of revisions to
the Specifications, and a substitute Exhibit B will be provided to the City. Thirty (30) days after
PSCo provides such substitute Exhibit B, the Specifications, as revised, shall be observed and
complied with, by the City with respect to existing and future Ornamental Pole Attachment
attaclunents.
(b) PSCo does not approve or endorse any content or message on any Ornamental
Pole Attachment.
(c) The City may use its own employees to install and remove Ornamental Pole
Attachments, all within the limitations provided herein. In the event the City employs a
contractor or contractors to do so, they must execute the agreement attached as Exhibit C.
3. Attachment and Removal of Ornamental Pole Attachments.
(a) The City shall not install an Ornamental Pole Attachment to a Pole if, when
considered in combination with other attached items, e.g. other Ornamental Pole Attachments,
City street signs, traffic control signs, cameras, or overhead wires, the specified limits for such
Pole defined in Exhibit B will be exceeded.
(b) The City shall not interfere with PSCo's use of the Poles for their intended
purpose, including that of street lighting, at any time during the installation, operation or removal
of Ornamental Pole Attaclunents.
(c) Attachment and removal of Ornamental Pole Attachments from Poles shall be
done without expense to PSCo.
(d) The City shall remove Ornamental Pole Attaclunents from Poles as follows: (i)
all Ornamental Pole Attachments shall be removed prior to the expiration or tennination of the
JOI T USE AGREEMENT REGARDING STREET LIGHT POLESOWNED BY PUBLIC SERVICE COMPANY
OF COLORADO
Page 2 of IS
Term of this Agreement or (ii) any particular Ornamental Pole Attachment(s) shall be removed
within three (3) business days after the revocation of the license for any such Ornamental Pole
Attachment(s). Notwithstanding the foregoing, in the event that PSCo revokes the license for
any Ornamental Pole Attachment because it interferes with PSCo's use of the Pole or because of
inclement weather, PSCo may remove the Ornamental Pole Attachment, without notice, and
without liability to the City or any other person, except for injury or damage to persons or
property caused by the sole negligence or willful misconduct of PSCo.
(e) Any Ornamental Pole Attachment that is not removed by the City as required by
this Section 3 may be removed and disposed of by PSCo, without liability to any person, and at
the expense of the City. PSCo will use commercially reasonable efforts to return the removed
Ornamental Pole Attachment to the City. PSCo's removal, handling and transportation of an
Ornamental Pole Attachment will not create a bailment and PSCo will have no liability to the
City or any other person for any loss or damage to the Ornamental Pole Attachment as a result of
the removal, handling or transportation activities.
(f) City will not attach any Ornamental Pole Attachment to a street light pole owned
by PSCo that is not included on the list of Poles contained on Exhibit A, as it may be amended as
provided herein, nor will the City issue a permit allowing any third party to do so.
4. Damage to Poles. City shall pay for PSCo to repair damage to any Pole which
arises out of, or results from, the installation, maintenance or removal of any Ornamental Pole
Attachment from any Pole. City shall promptly report to PSCo, in writing, the occurrence of
damage to any Pole occasioned by the City's use of the Poles, or otherwise observed by the City.
5. No Cost to PSCo. Whenever, in this Agreement, anything is to be done or
performed by the City, it shall be done or performed at no cost to PSCo.
6. Inspection and Monitoring.
(a) PSCo may perfonn inspection and testing of any Pole at any time, and may
monitor any activities of the City in connection with the installation, maintenance or removal of
any Ornamental Pole Attachment. Notwithstanding the foregoing, PSCo will have no duty to
inspect or test Poles or to monitor any activities conducted by City. Any inspection, testing or
monitoring by PSCo is for the sole benefit of PSCo and shall not create any duty, or obligation to
the City or any other person or entity and the City hereby releases PSCo from all claims arising
out of the use of the Poles. No permission by PSCo for the attachment of any Ornamental Pole
Attachment will constitute a representation or warranty by PSCo as to the adequacy of the Pole to
support any Ornamental Pole Attachment, or the conformity of the proposed attachment with any
applicable codes or laws. Any such permission will merely be the consent of PSCo to the
attachment of the Ornamental Pole Attachment(s) pursuant to the terms of this Agreement. No
failure by PSCo to object to the attachment of any Ornamental Pole Attachment made in
violation of this Agreement shall constitute a waiver of its right to remove, or object to such
Ornamental Pole Attachment.
JOINT USE AGREEMENT REGARDING STREET LIGHT POLESOWNED BY PUBLIC SERVICE COMPANY
OF COLORADO
Page 3 of 15
(b) If PSCo, in its discretion, detennines that any Pole is not suitable for Ornamental
Pole Attachments, because of damage, condition, the presence of additional attachments, or other
reason, PSCo may withdraw such Poles from this Agreement by giving notice to the City
designating the Poles being withdrawn. Thirty (30) days after such notice is given, Exhibit A
shall be deemed automatically amended to remove the Poles designated by PSCo in such notice.
Within such thirty (30) day period, the City shall remove any Ornamental Pole Attachments on
such Poles, subject to the terms of Section 3. Nothing herein shall prohibit the parties from
agreeing upon a substitute Exhibit A in the event of amendment as called for in this sub-section.
7. Insurance and Indemnity.
(a) The City shall be responsible for, and to the extent permitted by the Colorado
Constitution and statutes, City agrees to defend, indemnify and save PSCo, its officers, agents
and employees hannless from and against, any and all loss, expense, damage, injury, liability and
claims therefor, resulting directly or indirectly from or out of the attachment, maintenance or
removal by the City of Ornamental Pole Attachments or the use or exercise by City of the rights
granted hereunder, including, without limitation, claims for injury or death to employees or
subcontractors, claims arising from, alleged to arise from, or related to, any injury allegedly or
actually occurring, relating to the effects of electromagnetic fields, stray current or induced
cun·ent, and any and all loss, expense, damage, injury, liability and claims of any other person,
however caused. This subsection (a) shall not apply, and the City shall not be responsible for,
any such loss, expense, damage, injury or liability for claims arising from the sole negligence or
willful misconduct of PSCo in removing Ornamental Pole Attachments under Sections 3(d) and
3(e) hereof.
(b) During the longer of the time that any Ornamental Pole Attachment(s) is attached
to a Pole, or the expiration or termination of this Agreement, the City will maintain general
liability and auto liability insurance and will cause PSCo to be named additional insured under
such policy/policies. Insurance required to be maintained by the City under this Agreement will
be for no less than the coverage and limits set forth in Exhibit D-1 attached hereto, provided if
the City is insured through ClRSA, the coverage and limits will be as set forth on Exhibit D-2.
Nothing herein shall prohibit the parties from entering into amendments of this Agreement to
reflect revisions to the insurance requirements of this sub-section. The obligations and liability of
the City hereunder are not limited to available insurance coverage.
(c) City accepts the Poles "AS IS" without any obligation of PSCo to construct, alter,
or improve any Poles, and without any express or implied warranties of any kind, including any
watTanty or representation of fitness for a particular purpose or any use. All materials,
equipment, work, and installations of any nature brought upon or installed on the Poles by or on
behalf of City shall be at the risk of City. Neither PSCo nor any party acting on PSCo's behalf
shall be responsible for any damage or loss or destruction of Ornamental Pole Attachments, anns
or any other equipment or items brought to or installed on the Poles and City hereby releases
PSCo from all claims arising out of loss, damage or destruction of such items.
JOI T USE AGREEME T REGARD! G STREET LIGHT POLESOWNED BY PUBLIC SERVICE COMPA Y
OF COLORADO
Page 4 of IS
(d) City shall keep the Poles free from any liens ansmg from work performed,
materials furnished, or obligations incurred by or at the request of City or its permittees. If any
lien is claimed against the Pole as a result of the acts or omissions of City, or City's employees,
agents, contractors, or pennittees, City shall discharge the lien or bond the lien in a manner
reasonably satisfactory to PSCo within thirty (30) days after City receives written notice that a
lien has been claimed. If City fails to discharge or remove the lien within the thirty (30) day
period, City shall pay to PSCo on demand the actual amount paid by PSCo for the discharge or
satisfaction of any such lien, and all reasonable attorneys' fees and other legal expenses of PSCo
incurred in defending any such action or in obtaining the discharge of such lien.
(e) Notwithstanding any provision of this Agreement, the parties understand and
agree that the City has not waived the applicable rights, immunities and protections provided by
the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 , et seq., as it may be amended
from time to time.
8. No Third Party Beneficiary; Assignment and Sublicensing.
(a) Nothing in this Agreement shall be deemed to be a gift or dedication of any Pole,
portion thereof, or interest therein, to the City, the general public, or for any public use or
purpose whatsoever. Except as herein specifically provided, no right, privileges or immunities of
PSCo or the City shall inure to the benefit of any third-party nor shall any third-party be deemed
to be a beneficiary of any of the provisions contained herein. Nothing herein contained shall be
construed to compel PSCo to maintain any Poles for a period longer than dictated by its own
service requirements.
(b) City may not assign, transfer, or encumber this Agreement, or any portion thereof
nor shall any assignment or transfer of this Agreement be effectuated by operation of law or
otherwise (any of the foregoing being hereinafter referred to as an "Assignment"). Any
Assignment or attempted Assignment by City will terminate this Agreement (subject to the
survival provisions set forth in Section 13(d) below). City shall not permit or allow the use of
the Poles by any other person or entity except for a Permittee in accordance with subsection 8(c)
below.
(c) City may permit use of the Poles by third parties (a "Permittee") in strict
compliance with this Agreement, provided that prior to any use of the Poles by or on behalf of
any Permittee, the City delivers to PSCo an Assumption Agreement in the form attached hereto
as Exhibit E executed by the Permittee, along with evidence that the Permittee maintains
insurance coverage in accordance with Exhibit D-1 , naming PSCo as an additional insured. The
insurance required under this subsection 8( c) shall be maintained during the entire period of use
of the Pole by the Permittee. A default by any Permittee shall be a default by City under this
Agreement. No delegation of rights by City will release or limit its obligations under the
Agreement.
JOINT USE AGREEMENT REGARDING STREET LIGHT POLESOWNED BY PUBLIC ERVICE COMPANY
OF COLORADO
Page 5 of 15
9. Compliance with Laws.
(a) The City shall bear the sole obligation of obtaining such other authority or rights
as the City may need in addition to the rights provided in this Agreement for the installation,
operation and removal of Ornamental Pole Attachments and use of the Poles. City shall apply
for all pennits and other governmental approvals necessary for City to attach, maintain, and
remove the Ornamental Pole Attachments from Poles.
(b) PSCo shall apply for all permits of general application necessary for any work it
undertakes in connection with this Agreement, provided that any cost or expense incurred by
PSCo in connection with the application for such pe1mits, including without limitation, pennit
fees, shall be waived by the City.
(c) The terms of this Agreement supersede any City ordinance or regulation relating
to the use of Poles for Ornamental Pole Attachments, but only during the the effective tenn of
this Agreement.
I 0. No Waiver. The failure of PSCo or the City to insist upon strict performance of
any of the tern1s, covenants or conditions hereof shall not be deemed a waiver of any rights or
remedies PSCo or the City may have hereunder, at law or in equity, and shall not be deemed a
waiver of any subsequent breach or default in any of such tenns, covenants or conditions. No
waiver by PSCo or the City of any provision of this Agreement shall be effective or binding on
PSCo or the City unless made in writing by an authorized representative of PSCo or the City and
no such waiver shall be implied from any omission by PSCo or the City to take action in respect
thereto. No express written waiver shall affect any other default or provision of this Agreement,
nor cover any other period of time other than as specified in such express waiver.
11. Authority. PSCo and the City each represent and warrant to the other that the
person executing this Agreement on its behalf has been fully empowered to execute and deliver
this Agreement and that it possesses the legal authority to enter into this Agreement and that it
has taken all actions required by its procedures, by-laws, and/or applicable Jaw to exercise that
authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to be
bound to its tenns.
12. Term.
(a) This Agreement shall have an initial tenn ("Term") of ten (1 0) years from the
Effective Date.
(b) Upon the expiration of the initial term, the Term of this Agreement shall
automatically renew for additional terms of one (1) year, provided following the initial Tern1,
either party may terminate this Agreement at any time by giving no less than thirty (30) days
written notice to the other party.
JOINT USE AGREEME T REGARDI G STREET LIGHT POLESOWNED BY PUBLIC SERVICE COMPANY
OF COLORADO
Page 6 of IS
(c) Notwithstanding any other provision of this Agreement which may be interpreted
to the contrary, PSCo may tenninate this Agreement at any time during the Term if it reasonably
detennines that the use of the Poles for Ornamental Pole Attachments is inconsistent with
engineering, safety or operational standards. Tennination will be effective thirty (30) days after
PSCo delivers written notice to the City stating with reasonable specificity the engineering,
safety or operational issue.
13. Notices. Any notice, consent, request or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed given: (i)
when delivered personally, or (ii) on the first business day that is three (3) days following mailing
by certified or registered mail, return receipt requested, postage prepaid, or (iii) the next business
day after dispatch by a nationally recognized overnight delivery service, in any event, addressed
to the party's address as follows:
If to City:
With a required copy to:
Ifto PSCo:
With a required copy to:
City Manager
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
City Attorney
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Manager, Outdoor Lighting
Xcel Energy
1123 West 3rd Ave.
Denver, CO 80223
Real Estate Lead Attorney
Xcel Energy
1800 Larimer Street, Suite 1100
Denver, CO 80202-5534
or to such other address as such party, by ten (1 0) days prior written notice given as herein
provided, shall designate, provided that no party may require notice to be sent to more than two
(2) addresses. Any notice given in any other manner shall be effective only upon receipt by the
addressee.
JOINT USE AGREEMENT REGARDING STREET LIGHT POLESOWNED BY PUBLIC SERVICE COMPANY
OF COLORADO
Page 7 of 15
14. General Provisions.
(a) Nothing herein contained shall be construed as affecting the rights or privileges
previously granted by PSCo, by contract or otherwise, to others not parties to this Agreement, to
use any Pole covered by this Agreement, and PSCo retains the right to continue, extend, and
grant such rights or privileges. The attachment privileges herein granted shall at all times be
subject to such existing and future contracts and to the extent a conflict arises, the City and PSCo
shall attempt to remedy the conflict, if reasonably possible but in all instances at no cost to either
the City or PSCo.
(b) This Agreement incorporates all agreements and stipulations between PSCo and
City as to the attaclunent of Ornamental Pole Attaclunents to Poles and no prior representations,
course of conduct, or statements, verbal or written, shall modify, supplement or change the tenns
of this Agreement.
(c) This Agreement shall be governed by and construed in accordance with the laws
of the State of Colorado, without giving effect to principles of conflict of laws. This Agreement
is subject to the terms of PSCo's tariff on file with the Colorado Public Utilities Commission, as
amended from time-to-time.
(d) The City's covenants, agreements, releases and indemnity obligations shall
survive the expiration or termination ofthis Agreement.
(e) Time is ofthe essence of this Agreement.
(f) The title and section headings contained in this Agreement are for purposes of
reference only and shall not limit or define the meaning of any of the tenns or provisions hereof.
The exhibits referenced in this Agreement, as the same may be amended as provided herein, shall
be deemed incorporated into this Agreement in their entirety.
JOI T USE AGREEME T REGARDING TRE T LIGHT POLESOWNED BY PUBLIC SERVICE COMPA Y
OF COLORADO
Page 8 of 15
PUBLIC SERVICE COMPANY OF COLORADO
Signature: _______________ _
Name (printed or typed): __________ _
Title ------------------
CITY
Signature: _______________ _
Joyce Jay, Mayor
ATTEST: -------------------Janelle Shaver, City Clerk
APPROVED AS TO FORM:
Gerald Dahl, City Attorney
JOTNT USE AGREEMENT REGARDING STREET LIGHT POLESOWNED BY PUBLIC SERVICE COMPANY
OF COLORADO
Page 9 of IS
EXHIBIT A
IDENTIFICATION OF POLES
JOI T USE AGREEME T REGARDI G TREET LIGHT POLESOWNED BY PUBLIC ERVICE COMPA Y
OF COLORADO
Page 10 of 15
Street Light Banner Attachment Request-Version 1
City Name: Wheat Ridge-Historic poles used
Rank Pole Grid Street Light Location Street Light Description (Manufacturer, style, part
# Number (street name & 2 cross-streets) #)
(if avaUable) (if known)
6650 441" Ave
12651 38th Ave
10041 261h Ave
6815 44th Ave
9707 44th Ave
5135 Ward Road
3130 Y oungfield St
4895 Ward Road
12295 32nd Ave
1 0320 441h Ave
8751 44th Ave
7420 20th Ave
4966 Ward Road
9475 44fll Ave
5040 Ward Road
6600 44tn Ave
5301 381h Ave
11498 381b Ave
6700 38th Ave
7455 32nd Ave
10204 38th Ave
10150 44th Ave
12405 3801 Ave
Street Light Banner Attachment Request-Version 1
City Name: Wheat Ridge-Historic poles used
9950 38th Ave
9345 441h Ave
41 00 Y oungfield St
7618 44th Ave
11600 32"dAve
4036 Youngfield St
4746 Harlan St
9702 44th Ave
10111 26th Ave
12552 38tn Ave
44th Ave & Youngfield St
8455 3200 Ave
7645 38th Ave
6990 38m Ave
7 400 29th Ave
11680 44th Ave
6365 44th Ave
11940 38m Ave
11300 38tn Ave
4501 Harlan
8601 44th Ave
1193044tn Ave
7043 38th Ave
6470 44tn Ave
9455 3200 Ave
-
Street Light Banner Attachment Request-Version 1
City Name: Wheat Ridge-Historic poles used
8410 44th Ave
9950 38th Ave
3500 Youngfield St
6206 381" Ave
10097 38'" Ave
10201 261" Ave
7300 38'" Ave
10500 44'" Ave
7890 381" Ave
6600 381" Ave
3210 Youngfield St
4460 Harlan St
7010 44'" Ave
12607 3t10 Ave
4631 Harlan St
7105 441" Ave
4803 Ward Road
8550 38'" Ave
4651 Harlan St
38th Avenue -Luther1n P1rlcw1y West to Sherld1n 8oulev1rd
)
EXHIBITB
SPECIFICATIONS
JOINT USE AGREEMENT REGARDING STREET LIGHT POLES OWNED BY PUBLIC SERVICE COMPANY
OF COLORADO
Page 11 oflS
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Exhibit B
City of Wheatridge
Approval Packet
EXHIBITC
CONTRACTOR AGREEMENT
This Contractor Agreement is executed as of , by the undersigned
("Contractor") for the benefit of Public Service Company of Colorado, a Colorado corporation
("PSCo").
1. Contractor has been hired by the City of Wheat Ridge(the "City") to attach,
maintain or remove an Ornamental Pole Attachment to a Pole ("Work") in connection with the
City's exercise of its rights under that certain Joint Use Agreement Regarding Street Light Poles
Owned By Public Service Company of Colorado (the "Agreement") entered into between PSCo
and the City. Capitalized terms used herein and not otherwise defined shall have the meanings
given in the Agreement.
2. PSCo's agreement to allow the use of its Poles for Ornamental Pole Attachments
by the City pursuant to the Agreement, and to permit Contractor to access Poles for the Work is
conditioned on Contractor providing this Contractor Agreement to PSCo. The Contractor
acknowledges and agrees that it has a copy of the Agreement and has reviewed same.
3. As used herein "Claims" means: any and all loss, expense, damage, mJury,
liability or claims, whether in law or equity , of any person or entity, however caused, resulting or
alleged to result, directly or indirectly from or out of the Work, Contractor's presence at or use of
the Poles, and its activities related to the Poles or Ornamental Pole Attachments, including,
without limitation, claims for injury or death to employees or subcontractors of Contractor or the
) City, claims arising from, alleged to arise from, or related to, any injury allegedly or actually
occurring, relating to the effects of electromagnetic fields, stray current or induced current.
)
Now therefore, in consideration of the agreements of PSCo referenced herein and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged,
Contractor hereby releases, waives and discharges PSCo, its affiliates, agents, contractors and
employees, and successors and assigns under the Agreement, from any and all liability of any
kind whatsoever for any and all Claims, and Contractor hereby agrees to defend, indemnify and
save PSCo, its officers, agents and employees harmless from and against liability for any and all
Claims, including without limitation, fines, penalties, costs, attorneys' fees, damages, actions, or
responsibilities imposed upon or incurred by PSCo, along with attorneys' fees incurred by PSCo
in connection with the enforcement of this Contractor's Agreement. Further, Contractor agrees
to purchase and maintain general liability insurance covering its obligations under this Contractor
Agreement, in accordance with the provisions of Exhibit D-1 of the Agreement, naming PSCo as
an additional insured.
Contractor:
Signature:-----------------
Name (printed or typed):-----------
Title _________________ _
JOINT USE AGREEMENT REGARDING STREET LIGHT POLES OWNED BY PUBLIC SERVICE COMPANY
OF COLORADO
Page 12 of15
EXHJBITD-1
INSURANCE REQUIREMENTS
1. City and its contractors, subcontractors and consultants (collectively "City") shall
purchase and maintain the insurance coverage listed below and City shall provide evidence of all such
insurance to Public Service Company of Colorado, a Colorado corporation ("PSCo") upon the execution
of this Agreement, but in all events prior to any Ornamental Pole Attachment being attached to a Pole
(the "Work"). Such insurance shall be as specified below and all insurance companies shall be rated A-7
or better by A.M . Best rating services, and for coverage not less than:
a. Worker's Compensation at statutory limits for the state of hire or operations.
b. Employer's Liability, including other state's insurance and voluntary compensation, as
follows: Bodily Injury Limits by Accident at one million dollars ($ 1 ,000,000) per accident;
Bodily Injury Limits by Disease at one million dollars ($ 1 ,000,000) policy limit and Bodily
Injury by Disease at one million dollars ($ 1 ,000,000) per employee.
c. Commercial General Liability, including Products and Completed Operations and Property
Damage Liability on the CG 20 33 (10 01) and CG 20 37 (10 01) or equivalent on an
occurrence form, with limits of not less than two million dollars ($2,000,000) per occurrence
and ten million dollars ($10,000,000) in the aggregate, which can be achieved with a
combination of General Liability and Umbrella Limits. Umbrella or Excess must name
PSCo as an additional insured.
d. Contractual liability to cover liability assumed under the foregoing agreement.
2. All dollar amounts of coverage set forth above shall be per occurrence. The policies
described herein shall (i) be endorsed to show that the insurers waive subrogation against PSCo, its
Affiliates, directors, officers and employees, (ii) written so that the insurance is primary and non-
contributory (iii) contain Additional Insured Status on Commercial General Liability, and Commercial
Automobile Liability.
3. Certificates of insurance acceptable to PSCo shall be filed with PSCo prior to
commencement of the Work, and each renewal period for the Work. These certificates shall contain a
provision that in the event coverage afforded under the policies are canceled or materially change/altered,
the insurer will provide thirty (30) days written notice to PSCo. Notwithstanding the foregoing, City has
a continuing obligation to provide the insurance coverage described herein and none of the insurance
required herein shall be canceled, or allowed to lapse until the City's obligations under the Agreement
have been completed. Notices shall be sent to PSCo at the following address:
4. Insurance specified herein shall be minimum requirements and City is responsible for
providing any additional insurance deemed necessary to protect the interests of both City and PSCo from
other hazards or claims in excess of the minimum coverage. The liability of City is not limited to
available insurance coverage.
JOINT USE AGREEMENT REGARDING STREET LIGHT POLES OWNED BY PUBLIC SERVICE COMPANY
OF COLORADO
Page 13 of 15
EXHIBITD-2
COVERAGE LIMITS
JOINT USE AGREEMENT REGARDING STREET LIGHT POLES OWNED BY PUBLIC SERVICE COMPANY
OF COLORADO
Page 14 of 15
)
EXHIBITE
ASSUMPTION AGREEMENT
This Assumption Agreement is executed as of , 20__ by the undersigned
("Permittee") for the benefit of Public Service Company of Colorado, a Colorado corporation ("PSCo").
1. Permittee has requested permission from the City of Wheat Ridge (the "City") to attach,
maintain and remove an Ornamental Pole Attachment to a Pole as a Permittee of City under that certain Joint
Use Agreement Regarding Street Light Poles Owned By Public Service Company of Colorado (the
"Agreement") entered into between PSCo and the City. Capitalized terms used herein and not otherwise
defined shall have the meanings given in the Agreement.
2. PSCo's agreement to allow the use of its Poles for Ornamental Pole Attachments by the City
pursuant to the Agreement, and PSCo's consent to Permittee's use of the Poles, is conditioned on Permittee
executing and delivering this Assumption Agreement to PSCo prior to any use of the Poles by Permittee.
3. As used herein "Claims" means: Any and all loss, expense, damage, injury, liability or
claims, whether in law or equity , of any person or entity, however caused, resulting or alleged to result,
directly or indirectly from , out of, or related to the attachment, maintenance and/or removal of any Ornamental
Pole Attachment by or on behalf of Permittee, including, without limitation, claims for injury or death to
employees or subcontractors of Contractor or the City, claims arising from, alleged to arise from , or related to,
any injury allegedly or actually occurring, relating to the effects of electromagnetic fields, stray current or
induced current.
Now therefore, in consideration of the agreements of PSCo referenced herein and other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, Permittee hereby:
a. Acknowledges receipt of a true and complete copy of the Agreement;
b. Assumes and agrees to be bound by each of the terms and conditions of the Agreement which are
applicable to the City;
c. Acknowledges that it has acquired no rights in the Poles or rights to enforce any provisions of the
Agreement against PSCo;
d. Releases, waives and discharges PSCo, its affiliates, agents, contractors and employees, and
successors and assigns under the Agreement, from any and all liability of any kind whatsoever for
any and all Claims, and Permittee hereby agrees to defend, indemnify and save PSCo, its officers,
agents and employees harmless from and against liability for any and all Claims, including
without limitation, fines, penalties, costs, attorneys' fees, damages, actions, or responsibilities
imposed upon or incurred by PSCo, along with attorneys' fees incurred by PSCo in connection
with the enforcement of this Assumption Agreement; and
e. Agrees to purchase and maintain commercial general liability insurance covering its obligations
under this Assumption Agreement in accordance with the terms of the Exhibit D-2 of the
Agreement, naming PSCo as an additional insured.
Permittee:
Signature: ________________________________ __
Name: Jerome Davis
Title: Regional Vice President, Customer and Community Relations
JOINT USE AGREEMENT REGARDING STREET LIGHT POLESOWNED BY PUBLIC SERVICE COMPANY
OF COLORADO
Page 15 of15
4827-9220-3297.3
EXHIBIT F
CEC AGREEMENT
Council Action Fonn -Police Staffing Study
April 13 ,2015
Page2
FINANCIAL IMPACT:
The price for this staffing study is $39,000. The Police Department has $30,000
budgeted for a staffing study of the Patrol Operations Division and Investigations Bureau
in its 2015 Adopted Budget. The remaining amount, $9,000, will come from
contingencies.
BACKGROUND:
Staffing a police department is a continuous challenge that has become more complex as
communities demand more accountability from their police department. This
accountability includes higher expectations of police services; the investigation of more
complex crimes, more mandatory reporting of certain crimes; and mandated training. In
addition, the department has experienced a higher than anticipated number of officers
utilizing FMLA leave, alternative duty leave or military leave. Combining all of these
factors together, there is a beliefthat the police department is not adequately staffed to
meet community needs and expectations. Conducting a staffing study will allow the
department to determine the number of officers necessary to provide the community the
most cost effective service to meet the community demands and expectations.
Staffing for the police department has remained relatively static for the past 10 years.
Historically, the department was authorized 58 sworn positions in 1989, increasing to 67
sworn positions in 2001 . In 2004, the sworn staff was reduced to 62 sworn positions due
to revenue related issues; however, due to resignations and retirements the department
actually had 53 actual sworn positions. These reductions resulted in the department
returning to a "base-service level," and the loss of its SRO, Crime Prevention and Traffic
functions. An Organizational Assessment of the department was completed in late 2004
by KRW and Associates, listing 14 recommendations for the department, including a
staffing study. Citizens of Wheat Ridge approved a one-cent sales tax increase that was
used to fund an additional 1 0 police officers, above the 62 authorized positions in
November, 2004.
In 2005, the department moved from a "base-service level" of policing, to a "community
policing/problem-solving model." This new model combined the values of traditional
policing (timely response to calls for service, thorough investigations, courteous customer
service, accident investigation, recovery and return of property, crime scene processing,
criminal apprehension and successful prosecution of offenders) with the values of
community policing and problem solving (working collaboratively with law abiding
citizens to address crime, traffic and quality of life issues and arresting offenders). The
department utilized a local consultant, Dale Harris to conduct the first study to determine
staffing for the Patrol Operations Division. A similar review was completed by a different
consultant ofthe Investigations Bureau.
Since 2005, the department has conducted workload assessments of key organizational
components every three years. These assessments have resulted in the department
implementing alternative service delivery methods for citizens to report crimes,
Council Action Form -Police Staffing Study
April 13, 2015
Page 3
realigning staffing to meet city and department priorities, restructuring the organization to
better address community needs, and implementing a different scheduling model to
increase staffing between the hours of 12:00 p.m. to 3:00 p.m., which are traditionally
busy call for service times.
While these changes have been helpful, the department has not been able to keep up with
recruiting and hiring qualified candidates necessary to fill vacant positions and over-hire
positions. The increases in unanticipated leave (FMLA, Injury, Military) coupled with a
lean staffing model have indicated that police officers no longer have the unallocated
time to do proactive policing to address crime, traffic and quality of life issues expected
by the community. At the present time, the department has redeployed the Crime
Prevention officer and the Crime and Traffic Team to patrol to fill vacant positions.
RECOMMENDATIONS:
"I move to award RFP-15-02 Police Department Staffing Study to the International Association
of Chiefs ofPolice in an amount not-to-exceed $39,000."
Or,
"I move to postpone indefinitely the award of RFP-15-02 Police Department Staffing Study to
the International Association of Chiefs of Police in an amount not-to-exceed $39,000, for the
following reason(s):
REPORT PREPARED/REVIEWED BY:
Daniel Brennan, Chief of Police
Patrick Goff, City Manager
Jennifer Nellis, Purchasing & Contracting Agent
ATTACHMENTS:
1. IACP Police Staffing Proposal
"
Methodology
Police staffing analysis and allocation is a data-intensive effort. Ready-made, universally
applicable patrol and investigations staffing standards do not exist. Generic ratios, such
as officers-per-thousand population, are inappropriate as a basis for staffing decisions.
Accordingly, they have no place in the IACP methodology. Defining staffing allocation
and deployment requirements for patrol officers and investigators is a complex endeavor,
requiring consideration of an extensive series of factors and a sizable body of reliable,
current data.
To achieve study objectives, the IACP employs a three-phase methodology involving
data collection, data analysis, and report preparation.
Data Collection. Our data collection phase entails a thorough examination of
factors and trends that condition your policing environment. Factors and trends of
significance are policing style, serious and less serious crime, citizen attitudes and
complaints, police resources, staff characteristics, urgent problems, and department
assets. IACP will obtain this information through a literature/ data review, on-site
interviews, field observations, and comparisons of similarly sized law enforcement
agencies (benchmarking).
(1) Literature/Data Review. IACP will request and review internal documentation,
personnel data, and workload data relevant to staffing.
Internal Documentation
• Policy manuals and SOPs relevant to staffing, investigations, and victim
services
• Daily activity reports of officers to determine division of labor
• Organization charts and descriptions which describe present work
assignments and staffing levels for patrol and investigations
• Shift assignments and rotations
• Maps showing beat assignments and general geography of the area
• Annual reports or other summaries of type and quantity of reported criminal
activity
Personnel Data
• Personnel regulations that describe amount and types of authorized leaves of
absence
• Payroll data showing occasions when officers do not report for duty due to
time off, vacations, sick leave, court time, and for other reasons
IA.CP Police Staffiug Aua~r.'i' PropO\al ~
Workload Data-Patrol:
• Comprehensive listing of CAD calls for service including priority codes, call
type, location, zone/beat, responding agent(s), call disposition, and time
stamps
• Workload data that may not be captured in CAD, e.g., directed patrol activity;
self-initiated activity; follow-up investigative activity; community engagement
activity; crime prevention duties; and administrative activity
• Department-wide initiatives such as traffic safety, community engagement, or
targeted crime reduction efforts
Workload Data-Detectives:
• Data on the number of investigations conducted, search warrants/ subpoenas
obtained and executed, and surveillance activities by detectives according to
crime or unit of assignment
• Case Management, including data entry /record keeping practices
• Investigative methods, including clearance rates, victim contact/ notification,
information sharing, and accountability practices
(2) On-site inten,iews and obsenmtions. Data collection is supplemented and cross-
checked by on-site interviews with key department leaders/ functional managers, and a
representative sample of patrol and investigative unit employees. IACP staff will
accompany officers on patrol, attend roll calls, and monitor communications operations,
to cite several examples. This gives insight into operations that assist us when analyzing
data and fashioning recommendations regarding community policing practices. Goals
are to fill in the blanks of and verify what the data suggest to get a full understanding of
how patrol officers and investigators spend their time and measure performance. In part,
we are seeking to identify any gaps between policy and practice.
(3) Benchmarking. Comparisons of the WRPD policing environment are essential to the
development of recommendations regarding resource deployment and operations. Study
staff will draw on the IACP's Small Law Enforcement Agency, Program Advisory Group
to assist in collecting information regarding patrol and investigative functions in police
departments serving populations under 50,000 residents. This Advisory Group includes
law enforcement executives from 10 law enforcement agencies across the country.
Study staff will also collect information from several law enforcement agencies within
the state of Colorado for additional comparison purposes.
Data Analysis. Data will be formatted, analyzed, and synthesized. For purposes
of analysis and subsequent report preparation, a series of data sets will be created, among
f.·U'P Police Su~f/illJ.: A11a~rsi., Propo\ltl 3
executives with over 23,000 members in over 100 countries. In addition to chiefs of police
and law enforcement command personnel, IACP members include executive-level
government administrators, criminal justice researchers, university faculty, and members
of many other professions. The IACP was founded to encourage cooperation and
exchange of information among police administrators, and to promote the highest
standards of performance and conduct within the police profession.
The IACP Difference.
Comprehensive evaluation, resource allocation, and strategic planning studies are
priority interests of the IACP. The association is a recognized leader in providing
assessments of this type and is well positioned to meet the needs and expectations of the
Wheat Ridge Police Department. Our work is framed by the new realities and changing
demands in what many consider is a new era of policing. Economically sustainable
operations, burgeoning technology, shifting cultural and demographic constituencies,
and local impacts of global issues are just a sample of new objectives, challenges, and
opportunities that suffuse the police setting in Wheat Ridge and across the country. Our
contemporary approach to assessments blends the significance of these considerations
with best practice-based examination of core police services and operations.
The IACP will bring unsurpassed experience and unique qualifications to the Wheat
Ridge Police Department:
0 Credibility. The IACP commands preeminent status among police
executive associations. This confers prestige and credibility to our studies.
Findings and recommendations are highly respected and valued by
government officials, citizens, and law enforcement officers/ officials.
0 Exclusive Focus. The IACP concentrates its efforts exclusively on law
enforcement matters. We do not diffuse our interests and capacities. Our
obligation to law enforcement innovation and professionalism is a driving
force.
0 Performance Record. The number and range of engagements conducted
and repeat clients attest to product value and client satisfaction. We have
worked with law enforcement clients of every conceivable size, structure,
and mission. There are few issues and requirements we have not
addressed.
0 Resource Depth. Our headquarters staff comprises almost 100 former
police executives and practitioners, social scientists, technology specialists,
management analysts, and trainers who possess, collectively, 21st century
capacity in every facet of law enforcement policy and practice. Augmented
/A CP Police Su~ffiug A.1w(r.\i., Proposal 5
by a national and international network of consultants and committee
members, staff resources are unsurpassed in depth and quality.
Innovations Leadership. Developing and discovering contemporary
approaches and innovations to stimulate law enforcement effectiveness and
productivity and to protect America's communities is central to our
mission. Issues, needs, and opportunities of current concentration are:
Leadership
Resource Management and
Distribution
Community Policing
Engagement
Homeland Security
Information-Led Policing
Police-Corrections
Partnerships
Offender Reentry
Gangs, Guns, and Drugs
At-Risk Youth
Recruitment, Selection, and Retention
Domestic Violence
Human Trafficking
Racial Profiling
Volunteers in Police Service
Law Enforcement Information
Management
Public-Private Sector Collaboration
Social Media and Policing
Campus Security
D Organizational Transformation Record. IACP project teams work
interactively with public officials and law enforcement agencies.
Observations and findings are shared throughout the course of the study.
Client agencies frequently self-initiate positive change at early stages of a
project, throughout a project, and after. Re-visitation studies and other
forms of follow-up document measurable degrees of institutionalized
constructive change.
D Industry Standards. The IACP is a major influence in establishing the
standards against which America's police agencies are measured. Our
positions, resolutions, and goals are frequently utilized as guidelines by
operating agencies. Our patrol manpower allocation approach is used
throughout the nation. IACP is one of four agencies that established the
minimum standards set forth by the Commission on Accreditation for Law
Enforcement Agencies (CALEA). We retain permanent seats on the
commission.
IACP study staff will consciously seek to introduce appropriate contemporary
innovations from all of these endeavors into the Wheat Ridge Police Department work
setting.
Implementation Assistance.
/.4 CP Police Stt~ffiug -1 na~r'i' Propo,al h
The IACP will remain a continuing technical assistance resource for the Wheat Ridge
Police Department staff as it works toward implementation of report recommendations
after the project's conclusion. IACP professional staff will be available for ongoing
consultation via email, telephone, and online through WebEx meetings. Clients are
encouraged to use this opportunity to discuss report findings, recommendations,
implementation issues, and even to seek guidance on general matters of police concern.
References
The IACP' s experience in consultation to police departments is extensive. Since the
Association began its program of field consulting in 1935, it has conducted hundreds of
testing and assessment projects, management surveys, technical assistance projects, staff
studies, planning projects, and has provided contract training for police agencies and
their parent governments throughout the United States and many other nations. Contact
information for three references of recent or current clients of IACP Professional Services
are provided below:
Charles County (Maryland) Sheriff's Office February 2015
Project Description: Staffing Study of the Dispatch Communications and Detention
functions of the organization.
Staff: Richard Lisko, Tracy Phillips, Kim Kohlhepp
Project outcome: determined the required number of employees needed for the Dispatch
Communications and Detention functions of the agency. Developed a formula for the
agency to use in determining future staffing needs of the agency regarding Dispatch
Communications and Detention functions.
Contact: Lieutenant Bonnie Johnston
Email: johnstonb@ccso. us
Telephone: 301-609-3914
Yonkers (New York) Police Department November 2014
Project Description: Management Study of the drug enforcement function and
organization of the organization.
Staff: Richard Lisko, Ed Bergin, Tracy Phillips, Rob Dewberry, Kim Kohlhepp
Project outcome: developed a plan to restructure the entire organizational structure,
deployment, and policies of the agency regarding investigations of illegal drug activity.
Contact: Commissioner Charles Gardner
Email: Charles.gardner@ypd. yonkersny .gov
/ACP Police Stc~ffing Auu(rsi.' Proposal ()
Telephone: 914-377-7200
Bakersfield Police Department September 2015
Project Description: Management Study of the operations and functions of the entire
organization.
Staff: Richard Lisko, Tracy Phillips, Kim Kohlhepp, Jessie Lee, Jerry Needle.
Project outcome: determined the required number of employees needed for patrol
functions. Developed strategies to reduce response times to priority calls for service.
Contact: Chris Huot
Assistant to the City Manager
Email: chuot@bakersfieldcity. us
Telephone: (661) 326-3775
Chattanooga Police Department, Chattanooga, TN June 2014
Project Description: Management Study of the operations and functions of the entire
organization.
Staff: Richard Lisko, Tracy Phillips, Kim Kohlhepp, Jessie Lee, Jerry Needle
Project outcome: determined the required number of employees needed for patrol
functions. Developed strategies to increase periods of unobligated time for patrol officers
to engage in community policing activities.
Contact: Paul Smith
Public Safety Coordinator
Email: smith_p@chattanooga.gov
III. PROJECT TEAM
The Wheat Ridge Staffing Study will be conducted by the Center for Professional Services
within the IACP' s Training and Professional Services Directorate, which devotes its
energies exclusively to law enforcement training, executive searches, promotional
assessments, and management studies. Project staff also draw on the resources of the
Research Directorate staff, especially the IACP Policy Center, to incorporate model
policies and the latest research in study recommendations. The proposed study will be
IACP Police Stt~fliug Aua~ni' Propo\ltl 7
conducted by the experienced team detailed below. The team has worked together on
several recent professional services assignments including work with Washington
Metropolitan Area Transit Authority; Chattanooga, Tennessee Police Department; Salt
River Pima Maricopa Indian Community (Arizona) Police Department, the Bakersfield
California Police Department, Yonkers New York Police Department, and Lakewood
Colorado Police Department.
The proposed study will be primarily conducted by the IACP's principal patrol staffing
specialists Richard Lisko, Senior Program Manager Tracy Phillips, and IACP Visiting
Fellowe Major Ed Bergin of the Anne Arundel County Maryland Police Department. Kim
Kohlhepp, the Manager for the IACP Professional Services unit will manage the study.
They will be supported by senior advisors specifically selected to assist in this study
because of their contemporary knowledge and experience in law enforcement. Resumes
of these principals and contact information can be provided upon request.
Richard Lisko, (M.S.), joined IACP staff as a Program Manager in 2011 to manage
a USDOJ/COPS-funded community policing/community prosecution experiment. Mr.
Lisko's portfolio also includes best practice research, management study work, and
promotional testing and executive search services support/ administration. Prior to
joining the IACP, Mr. Lisko served with the Baltimore County Maryland Police
Department for 26 years, where he retired as a lieutenant and Assistant Precinct
Commander. During his law enforcement career, he served in command positions in
Internal Affairs, Criminal Intelligence and Criminal Investigations. He is a graduate of
the FBI National Academy and holds a Master's Degree in Management from the Johns
Hopkins University.
Tracy Phillips (M.P.A.), Senior Program Manager with the IACP, provides
research, writing, technical assistance, data analysis and synthesis, on a variety of
Association projects and services, including management/ staffing studies, promotional
testing, and executive search. Ms. Phillips has done substantial development work on
several major IACP grants, including Discover Policing, a nationwide recruitment project
and our Midsize Agencies innovations project. Prior to joining the IACP in 2007, she
served the Fayetteville (NC) Police Department as a crime analyst, then crime analyst
supervisor. From 2000-2004 she worked as a management assistant for the City of
Abilene, Texas. Her career began with the State of Georgia where she conducted
performance audits and program evaluations of state programs at the request of the
Georgia General Assembly. Ms. Phillips holds a Master's of Public Administration
degree from the University of Georgia.
Major Edward Bergin (M.S.) comes to the IACP as a Visiting Fellow from the Anne
Arundel County Police Department in Maryland with over 30 years of law enforcement
experience. He became a member of this agency as a lateral officer in July 1992, and
IACP Police Stt~ffiug Aua(rsi.' Propo.,al S
previously served with the Howard County Police Department and United States Capitol
Police. Major Bergin has held several positions in law enforcement, and in his current
position as a Bureau Chief he has commanded several units to include; Criminal
Investigations, Narcotics/Vice, Special Operations, School Resource Officers, 911 Center,
Crime Lab, Evidence Collection, Police Personnel, Management Planning, Central
Records, Property Management/ Quartermaster and Animal Control. Major Bergin holds
a Master of Science Degree from Johns Hopkins University. During his fellowship with
IACP, in addition to assisting with management studies, Major Bergin is the lead
researcher on two notable IACP projects including Crime Associated with Casino
Gambling and Police Responses to Persons with Mental Illness.
Kim Kohlhepp (M.A.) will serve as director for the City of Wheat Ridge project.
As Manager of IACP' s Professional Services Center, Mr. Kohlhepp is responsible for
overseeing management studies as well as coordinating the design and administration of
promotional tests, assessment centers, and police chief selection processes. In this
capacity, he has served hundreds of federal, state, and local law enforcement agencies.
He annually manages and lectures at the IACP's Assessment Center Conference and is
coordinator of the IACP Psychological Services and Police Physicians Sections. He is an
editorial advisor for Police Chief Magazine and manages IACP's award-winning
www.DiscoverPolicing.org career center. Mr. Kohlhepp has completed all requirements
except a dissertation for a doctorate in industrial and organizational psychology at the
University of Nebraska at Omaha, where he previously served as an instructor.
Project Advisors
Sheldon Greenberg (Ph.D.), is Professor of Management and Leadership in the
Johns Hopkins University, School of Education, and is the founding director of the
School's Division of Public Safety Leadership. He served as Associate Dean in the School
of Education for over 12 years. He developed and directed graduate and undergraduate
degree programs for public safety, which includes the Police Executive Leadership
Program, U.S. Secret Service Executive Development Program, and U.S. Immigration and
Customs Enforcement Executive Development Program. He began his career in the
Howard County (MD) Police Department, serving as a patrol officer, supervisor, and
commander of the administrative services bureau. Dr. Greenberg's research interests are
police patrol, police response to people who have disabilities, the role of police in public
health, and the relationship of public safety to community development. He served on
several national commissions and is a member of the Federal Law Enforcement Training
Accreditation Board. He is the author of three books and numerous articles. His fourth
book, Masten; of Police Patrol, will be published by Pearson Prentice-Hall. He is working
on his fifth book on managing community fear.
Phil Lynn (M.S.), has over 40 years of experience in the criminal justice field, 10 of
which were devoted to management consulting for federal, state and local justice
1.4. C P Police Su~ffiug A ua(ni' ProptJ\ltl 9
agencies and to national-scope research, evaluation and development projects. Over the
past 30 years, Mr. Lynn's work has involved research, writing, publishing and training in
law enforcement to include serving as editor of a national law enforcement trade
magazine, and currently as writer/ editor of a monthly training publication for more than
20,000 state and local police officers. For the past 20 years he has also served as Manager
of the National Law Enforcement Policy Center, a program dedicated to developing
nationally sanctioned operating policies and procedures for state and local law
enforcement agencies. Mr. Lynn has instructed widely on the subject of law enforcement
policy and procedures, including guest lecturer at the FBI National Academy. A U.S.
Army veteran, he holds an M.S. degree in Justice from the American University in
Washington, D. C.
Hasan Aden (B.S.) joined the IACP in January 2015 as the Director of the IACP
Research Division. Mr. Aden recently announced his retirement from the Greenville,
North Carolina, Police Department where he served as Chief since 2012. Chief Aden
was formerly Deputy Chief of Police for the Alexandria, Virginia, Police Department,
where he served the community for twenty-five years. He is a graduate of American
University in Washington, D.C, where he holds a Master of Public Administration. He
is also a member of PERF, and served as a Police Foundation Executive Fellow and as a
Commissioner for CALEA.
IV. AVAILABILITY
Upon the execution of a contract, the IACP project team leader will schedule a conference
call with all IACP and Wheat Ridge stakeholders to establish timelines for the initial site
visit, preliminary data collection requirements, presentation dates, and overall project
completion date expectations. Project staff are available to begin work on the WRPD
project within the proposed April-May start date. We anticipate completion of the entire
project within the time frame specified (75 actual days from the execution of contract).
Our proposed timeline for the project is provided below. Adherence to this time line will
hinge upon the timely transfer of data from the WRPD to IACP staff. The quality of CAD
and personnel data is also critical to the overall success of the study. Incomplete,
inaccurate, or missing data may require supplemental data collection methods which
could delay project deliverables. In extreme situations, estimates of certain workload or
manpower availability may be required to substitute for actual activity. To facilitate data
collection and on-site visits, the IACP requests that a WRPD official be designated as a
primary point of contact.
ACTIVITY Estimated Timeframe From
Contract Execution
/A CP Police Stt~ffillf.: Aua(r,;., Propo.\al I 0
Introductory phone call Within 5 business days
Initial request for data; schedule onsite visit Within 5 business days
Process initial data; Design onsite interview 30 days protocols
Initial Onsite Data Collection & Interviews 45 days
Process data; Draft preliminary findings 75 days
Preliminary Findings Presentation -Online 90days
Finalize and Present Report 120 days
Project Presentations TBD
It is IACP policy to submit/ discuss important findings and recommendations
throughout the course of a project.
Project staff will be available for ongoing consultation via email, telephone, and online
through WebEx meetings. Clients are encouraged to use this opportunity to discuss
observations during site visits, report findings, recommendations, implementation
issues, and even to seek guidance on general matters of police concern.
V. COST
The fixed price for proposed services is $39,000. This fee is all-inclusive, encompassing
all professional services associated with conducting the work outlined in this proposal,
including expenses for an initial meeting with the Police Chief and selected staff;
presentation of initial findings; and two presentations to City Council or Council
Committees during the same visit. Additional meetings with other City personnel
involved with the study can be provided on an actual cost basis.
Personnel costs for the study, estimated at $33,000, are detailed below. The services of
IACP Fellow Major Bergin and Lieutenant Ghattas are provided pro bono as part of their
fellowship. One additional consultant is also listed in the cost estimate to provide editing
and report preparation services.
Estimated Personnel Cost
Team Member Project Role Hourly Rate• Days Hours Total
Richard Lisko Project Manager 75.00 30 240 $ 18,000.00
Tracy Phillips Sr.ProjectManager 75.00 5 40 $ 3,000.00
Kim Kohlhepp Proiect Director 130.00 2 16 $ 2,080.00
Ed Bergin IACP Fellow N/A 30 240 N/A
Joe Ghattas IACPFellow N/A 15 120 N/A
IACP Police Stt~ffiug Aua(r'i' Pro!w,al 11