HomeMy WebLinkAboutCity Council Agenda Packet 02/23/2015CITY COUNCIL AGENDA: February 23 , 2015 Page -2-
DECISIONS, RESOLUTIONS AND MOTIONS
3. Resolution No . 13-2015-approving an Intergovernmental Agreement for the Use and
Maintenance of a Regional Criminal Justice Records Management System
4. Resolution No. 14-2015 -in support of Senate Bill 15-177 to fix barriers to attainable
and affordable housing
~ Motion to approve Board and Commission appointments
PRESENTATIONS
Communications Center Regionalization
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
STUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO
City Council Chambers 7500 W. 29th Avenue
February 2, 2015
Council members present: Bud Starker, Zachary Urban , Tim Fitzge rald , Geo rge Pond ,
Kr isti Davis, Genevieve Wooden, Tracy Langworthy
Absent: Jerry DiTullio
Guests : State Senator Cheri Jahn ; Janet Leo , Tim Rogers and Jesse Hill from the
Urban Renewal Authority; Donna Kimsey and Emery Dorsey from the Planning
Commission ; (State Representative Jessie Danielson arrived at 8:20pm)
Also present: City Clerk , Janelle Shaver; Treasurer, Larry Schulz; City Manager,
Patrick Goff; City Attorney, Jerry Dahl ; Police Chief, Daniel Brennan; Community
Development Director, Ken Johnstone ; Public Works Director, Scott Brink ; Parks
Di rector, Joyce Manwaring ; Judge Christopher Randall and interested citizens
Legislative Forum
The evening began with the annual Legislative Forum . Following dinner State Senator
Cheri Jahn addressed the Council with remarks about upcoming legislation . Being early
in the session there's not much to report . Concerns shared with Senator Jahn :
• Councilmembers Starker and Urban commented on bills related to TIF 's and the
construction defect issue . Mr. Goff noted that we 've always shared back the TIF
increment with the Fire Department.
• Chief Brennan spoke on bills related to powdered liquor, DUI felony conv ictions ,
funds from asset seizure taken from local jurisd ictions and given all to the state,
and anything that comes forward related to Ferguson , MO .
• Clerk Shaver spoke on bills related to municipal elections -one about timel ines
for overseas ballots and one requiring electronic signature verificat ion .
• Patrick Goff commented on a bill allowing counties to tax marijuana.
Councilmember Urban urged vigilance on transparency in the TIF process .
• Senator Jahn had comments concerning the ongoing issue of TABOR.
Representative Jesse Danielson was unavailable as she was still in a committee
meeting down at the legislature .
Mayor Jay called the Study Session to order at 7:01 p.m.
PUBLIC COMMENT ON AGENDA ITEMS No one from the public spoke.
APPROVAL OF AGENDA
1. Tax Increment Financing (TIF) Education Seminar
Corey Hoffmann , attorney for the Urban Renewal Authority , was present to give an
overview of the TIF process .
STUDY SESSION NOTES: February 2, 2015 Page -2-
The structure for the TIF process involves three entities .
1) City Council-adopts the plan (or modifies it) --i.e. sets the policy
2) Planning Commission -reviews the plan to verify consistency with the
Comprehensive Plan . (An Urban Renewal Plan is a financial component of
the Comp Plan-a financing tool for the City to remove blight.)
3) Urban Renewal Authority --implements the plan ; it is the City Council's plan.
Transparency is provided through an elaborate public hearing process Council has ,
both during the initial determination of blight and the adoption of a plan . The plan goes
to affected property owners ; they can make their case for or against.
He encouraged Council to figure out a way to make sure the URA knows they are
implementing the Council's plan. The URA has a process, but it doesn't have the public
heari ng requirements that City Council does .
The ultimate agreement is public, but the negotiation process is not -as there is often
proprietary and confidential information involved in the process.
TIF can be both sales and property tax . It is the incrementa l revenue above a base
figure of what is currently being generated. The base is set when City Council "starts
the clock". Any new revenue (above a base) generated by the development is the TIF.
Whose money is it? If the base is set and the clock is started , the dollars belong to
URA; they never actually come to the City. Per state statues , it goes into a special fund .
Property tax is re-evaluated every 2 years ("general reassessment "). If there 's a TIF in
place any increase in dollars goes to the URA. Note: The base is not frozen in
perpetuity. It may move up due to other factors , but only the increment directly related
to the development goes to the URA. This is determined by the assessor.
Determination of blight is done by the City Council. It's a statutory definition.
The TIF money is used to pay for a project-customarily to pay off debt. There are
many models for how a TIF can be used , but WR has always been very project specific .
It can last for up to 25 years . If the debt is paid off in less time the clock can stop .
Can you have multiple TIFs (multiple clocks) within a larger area? Yes , but each time
there 's a change the plan must be amended.
Blight may include properties that are underperforming, underutilized,
contaminated, run down, have problematic topography , or complicated ownership.
Counties complain about losing funding: Mr. Hoffman opined that this assumes the
property will develop anyway; but it might not without help from the URA. The choice is
50% of zero vs 50% of something. Are there impacts on the taxing entities --
schools , fire, etc.? Yes, and that is part of Council 's discussion.
Controversial projects? Mr. Hoffman suggested Council figure out how to tell the URA
how they want blight to be eliminated in the community.
STUDY SESSION NOTES : February 2, 2015 Page -3-
Financing gap? Developer submits a request explaining the gap and why the
development isn't profitable . The City and the URA use professionals to determine if the
gap is real. If the gap is true , negotiations follow on what is needed to make the
development work.
Improvements are typically public in nature (roads , utilities), but eligible improvements
can be anything that helps the entire area . (Ex : above-ground power lines , public art ,
more inviting landscaping)
Discussion followed .
• City Council declares an area blighted and approved for Urban Renewal. When
a development plan comes in the Council will "start the clock", but not approve
a specific plan. This step is not the site specific approva l of a plan. The URA
hammers out the terms of the TIF . (In the case of Kipling Ridge (Sprouts), the
City did it because there were dollars above and beyond what URA could supply.)
• Adopting the urban renewal plan doesn 't start the clock. In Wheat Ridge we start
the clock with the substantial modification process. (The first urban renewal
project in WR, Town Center in 1981, had a 25 year clock from the beginning .)
The last 10 years we 've been more site-specific and only started the clock on
specific projects within an urban renewal boundary.
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•
•
•
•
•
•
•
Wheat Ridge has 5 areas under Urban Renewal. When a development comes
forward , the URA cons iders if a TIF would be appropriate .
PIF (Public Improvement Fee)
• Add-on PIF (Public Improvement Fee): added on top of City sales tax
• PILOT: (PIF In Lieu Of Tax) part of the PIF is rebated back as City sales tax
• Imposing a PIF would be a significant po licy discussion for Council. The
property owner agrees by contract to impose a fee on the consumers for
public improvements, and , for a PILOT, the City agrees to forego some sales
tax for the public improvements.
• Target on Kip ling has a 1% PIF fee.
• PIF is not a tax; it's a contractual tool. There are no statues governing PIF's
and a City can 't impose a PIF , only the property owner can .
• Works on raw land , not on developed land.
Is the blight ever gone? No . Urban renewal isn 't perfect, but it's the tool we have
in Colorado.
ESTIP, a sales tax shareback which doesn't have to come through URA, is
another affective tool. (Not attractive to some out-of-state companies .)
Rebating fees and costs is another tool.
It's a competitive market. Mr. Goff stated that since the last recession
developers pretty much expect some kind of public assistance.
Cannibalization of existing retail by new retail should definitely be considered by
the consultants . Mitigating blight in one area may cause blight in another area .
Who does Council look to for advice for what the developer should have/get? A:
Staff and URA look to th i rd party consultants to say if it's a reasonable rate of
return, then ask why?, what's the risk?, what are the carrying costs?, etc.
STUDY SESSION NOTES: February 2, 2015 Page -4-
•
•
•
Point raised that TIF can be seen as a big trough of money that results in less
incentive for the developer to control some of the costs, get better bids, etc. It is
ripe for abuse and how can the URA do better at that?
There was considerable elaboration of the difference between TIF and a PIF
City Council creates the zoning and starts the clock ; URA hammers out the
details of the TIF and enters into the agreement; then staff moves forward with a
streamlined process so developers can have a predictable process.
A break was taken at 8:10pm. The meeting resumed at 8:20pm.
Representative Jessie Danielson arrived during the break. Time was taken for her to
address the Council. She defined the district and talked about her background in
advocacy. She distributed a one-page legislative summary of three bills she is
sponsoring. HB15-1018 expands the list of professionals who must report elder abuse
(including victim advocates and some transportation employees). HB15-1079 expands
a pilot program for teen pregnancy and dropout prevention . HB-1133 continues the
Equal Pay Commission. She will be doing monthly town halls and coffees .
2. Discussion of Payment to Jefferson County for Foothills Animal Shelter
City Attorney Dahl explained the issue under consideration is construction money -not
operations money.
In 2009 a foundation was created to raise funds for construction of the new county
animal shelter. We agreed in the IGA to share covering that cost equally with the other
jurisdictions if the foundation fell short . In 2012 the agreement was re-upped . If we
don't pay our share we can't use the shelter. Dog population determined our share.
Mr. Goff added background on the numbers : $1 .5 million was needed to complete the
shelter in one phase . (Phasing would have added another $1M to the project.) Jeffco
chipped in $3M , donated the land and financed another $6M . The $1 .5M was to cover
that financing and the foundation was created quickly to raise it. The $1.5 was not
raised. -The equal portions for all parties was based on dog population and some
political factors. -Mr. Goff's queries revealed that Golden , Arvada and Lakewood have
all paid their share and are not interested in renegotiating the agreement.
The amount in question ($179,000) is our share . We also have an annual assessment
of $29,000 for use of the shelter-which could potentially go away or change when the
debt service is paid off. Dog licensing fees pay for daily operation of the shelter. They
have a new, and hopefully more viable, foundation now.
Chief Brennan reported the City uses the shelter almost daily . Last year we impounded
177 dogs, 81 cats , and 25 other small animals ; we also disposed of 175 DOA animals
(domestic or wildlife). The shelter also does community trainings and trains our officers.
STUDY SESSION NOTES: February 2, 2015 Page -5-
Councilmember Urban received consensus to pay the bill.
3. Staff Reports
City Attorney Dahl addressed his firm 's rates-which were last increased in 2009.
He currently charges $165/hour; Carmen Beery charges $150/hour. He is requesting
an increase -not to get more money for himself, but to keep up with increasing costs
(rent , insurance, employee benefits , etc .) It is under market for the area, but he is
content to stay where he is because he enjoys making people's lives better-which is
what municipalities do. He shared market figures. His proposal is $180/hour for his fee
and a similar increase for Carmen. He didn't ask for a budget increase for this year.
He anticipates being under budget again this year, as he always is. Last year's need for
a budget supplement was due to all the extra work on marijuana.
There was some discussion about things Council can do to be more efficient.
Councilmember Starker received consensus to approve the increase in attorney fees.
4. Elected Officials Reports
Genevieve Wooden shared an idea she learned from a Golden Councilmember.
Golden purchased two mobile electronic signboards to advertise public meetings; when
they use them to advertise the meetings attendance goes up 3 to 4 times. She
suggested renting first to see how it works.
Zach Urban announced that the meeting for the Wadsworth PEL -which was supposed
to be Wednesday, February 4-has been postponed to Wednesday, April 8.
ADJOURNMENT
The Study Session adjourned at 9:00p.m.
Janelle Shaver, City Clerk
APPROVED BY CITY COUNCIL ON
Bud Starker, Mayor Pro Tern
~~A#
.... J ~ City of •
:P"WheatRi_dge
ITEM NO: I.
DATE: February 23 , 2015
RE QUEST FOR CITY COUNCIL ACTION
TITLE: CO UNCIL BILL NO. 05-2015 -AN ORD INANCE ADOPTING
A NEW SECTION (16-160 ) OF THE WHEAT RI DGE CODE
OF LAWS RE QUIRING THE PAYMENT OF SEX
OFFEN DER FEES AT THE TIME OF RE GISTRAT IO N
0 PUBLIC HEARING
D BIDS /MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
D ORDINANCES FOR 1ST READING (02 /09/20 15)
rg] ORDINANCES FOR 2ND READING (02 /23 /2015)
D YES
~~§3:
~~
ISSUE :
C.R.S. 16-22-1 08(7) (a) provides for a local law enforcement agency to "establish a registration
fee to be paid by persons registering [as a sex offender] and reregistering annually or quarterly ...
The amount of the fee shall reflect the actual direct costs incurred by the local. .. agency ... but
shall not exceed seventy-five dollars for the initial registration ... and twenty-five dollars for any
subsequent annual or quarterly registration."
In accordance with this law , the Wheat Ridge Police Department (WRPD) charges the maximum
amount allowed for initial and annual registrations. Quarterly registrations are free . Sex
offenders, required to register, failed to pay a total of$2,250 in fees in 2012 and 2013 .
PRI OR ACTI O N:
A Staff Report was presented to City Council on January 5, 2015.
FINANCIAL IMPACT :
In terms of lost revenue to the City of Wheat Ridge , 67 initial registrations were completed in
2012. At $75 per registration, this should have generated $5 ,025 in revenue for the City. To date ,
$1 ,015 remains unpaid , resulting in roughly a 20% loss in revenue. One hundred twenty-two
annual registrations were completed in 2012. At $25 per registration, this should have resulted
Council Action Form -Sex Offender Registration Fees
February 23, 2015
Page 2
in $3 ,050 in revenue . Of that $3,050 , $50 remains outstanding, resulting in an approximate 2%
revenue loss.
For 2013 , 49 initial registrations were completed. At $75 per registration , $3 ,675 should have
been collected. To date, $1 ,135 remains outstanding, equaling roughly a 30% loss in revenue .
Eighty-eight annual registrations have been completed. At $25 per registration , $2 ,200 in fees
should have been paid. Of that $2,200 , $50 is unpaid, resulting in an approximate 2% loss in
revenue. Based on our estimates, this equates to approximately 13-16 sex offenders a year who
fail to pay their initial or annual registrations in full.
BACKGROUND:
The revenue generated by sex offender registration fees aids in covering the time and labor required
by the registrar to prepare registration forms , generate an offender's file , register the offender,
process the offender's registration, and post the offender's infonnation on the department's public
sex offender list. The public list is of vital importance, as it promotes the safety of citizenry by
providing information on the identity and location of sex offenders in the area.
C.R.S l6-22-108(1)(a)(IJ) requires that an offender "shall register. .. by completing a
standardized registration fonn ... and paying the registration fee imposed by the local law
enforcement agency." Despite this provision , the passage ofHouse Billll-1278 changed the
pursuit of payment for outstanding fees from a criminal to a civil process. Currently, WRPD has
no civil process in place, and the passage of the bill effectively took the "teeth" out of enforcing
the payment of registration fees. Continued verbal payment requests by the registrar to the
offenders have also proven ineffective, particularly if the offender has moved out of the City.
This department's Notice to Pay Fee form also specifies that a registrant "shall not be considered
registered until the fee has been paid." However, C.R.S 16-22-1 09(3) requires a law enforcement
agency to "report" registrations (via CCIC) to the Colorado Bureau of Investigation "within three
business days." Due to this requirement, an offender's registration cannot lawfully be held until
his/her fee is paid . It would also be detrimental to public safety to hold an offender's registration ,
and not provide the infom1ation on the offender to our citizens.
A process that allows the City of Wheat Ridge to issue a summons to appear in Municipal Court
to sex offenders who do not pay the requisite fee would greatly assist in fee collection. Other
jurisdictions, such as the City of Brighton, have passed such an ordinance, and effectively
increased their rate of fee compliance to 100%.
RECOMMENDATIONS:
It is recommended that an ordinance be passed requiring the payment of sex offender
registration fees at the time of registration.
A second option is to not pass the fee and absorb the cost of those offenders who choose
not to pay the fee.
Council Action Form-Sex Offender Registration Fees
February 23, 2015
Page 3
RECOMMENDED MOTION:
"I move to approve Council Bill No. 05-2015, an ordinance approving a new section (16-
160) of the Wheat Ridge Code of Laws, requiring the payment of sex offender fees at the
time of registration , on second reading, and that it take effect 15 days after final
publication."
Or,
"I move to postpone indefinitely Council Bill No. 05-2015, an ordinance approving a
new section (16-160) ofthe Wheat Ridge Code of Laws , requiring the payment of sex
offender fees at the time of registration for the following reason(s) ________ "
REPORT PREPARED/REVIEWED BY:
Dave Pickett, Commander
Daniel Brennan , Chief of Police
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 05-2015
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER FITZGERALD
COUNCIL BILL NO. 05
ORDINANCE NO. ___ _
Series 2015
TITLE: AN ORDINANCE ADOPTING A NEW SECTION (16-160) OF THE
WHEAT RIDGE CODE OF LAWS REQUIRING THE PAYMENT
OF SEX OFFENDER FEES AT THE TIME OF REGISTRATION
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home
rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the
Colorado Constitution; and
WHEREAS, pursuant to C.R.S. § 16-22-108(1 )(a)(ll), the Wheat Ridge Police
Department (WRPD) is required to accept and process sex offender registrations from
City residents who are required by law to register as sex offenders; and
WHEREAS, in association with sex offender registration, the WRPD is authorized
by C.R.S. § 16-22-108(7) to impose and collect a registration fee, which fee recoups a
portion of the City's cost in staff time and resources necessary to process sex offender
registrations, including but not limited to maintaining the City's public sex offender list; and
WHEREAS, when a sex offender fails to pay the applicable registration fee, the
WRPD may not lawfully refuse to process the offender's registration, and the Council finds
that the WRPD should not refuse to process such a registration, it being of critical
importance that sex offenders are timely registered and that public registration lists remain
current and accurate; and
WHEREAS, for calendar years 2012 and 2013, the WRPD reports that it carries
two thousand seven hundred eighty-four dollars ($2,784.00) in outstanding unpaid sex
offender registration fees; and
WHEREAS, the collection of registration fees is necessary to continue to fund the
City's obligations concerning sex offender registration and there is currently no effective
means of enforcing the requirement to pay such fees; and
WHEREAS, the City Council therefore finds that it is necessary and desirable to
adopt local Code requirements concerning sex offender registration and the payment of
registration fees so that such requirements may be quickly and effectively pursued in the
Wheat Ridge Municipal Court.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Chapter 16 of the Wheat Ridge Code of Laws, concerning Offenses, is
hereby amended by the addition of a new Section 16-160, concerning sex offender
registration and fees, to read in its entirety as follows:
Attachment 1
Sec. 16-160. Sex Offender Registration and Fee Required.
(a) Every person who is required by statute , ordinance, law, rule ,
regulation or any other legal obligation to register as a sex offender with
the Wheat Ridge Police Department shall register with the Wheat Ridge
Police Department in the time frame prescribed by such statute,
ordinance, law, rule, regulation or other legal obligation . It is unlawful to
fail to register as required by this subsection.
(b) Every person who is required to register as a sex offender with the
Wheat Ridge Police Department pursuant to subsection (a) of this Section
shall , at the time of registration, pay the applicable sex offender
registration fee as set forth in the Wheat Ridge Police Department Fee
Schedule , as adopted and amended by the City Council from time to time .
It is unlawful to fail to timely pay the registration fee required by this
subsection .
Section 2. Safety Clause . The City Council hereby finds , determines , and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge , that it is promulgated for the health , safety, and welfare of the
public and that this Ordinance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare . The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be attained .
Section 3. Severability; Conflicting Ordinances Repealed. If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby . All other ordinances or parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed.
Section 4. Effective Date . This Ordinance shall take effect fifteen (15) days after
final publication , as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this
g th day of February, 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
February 23rd , 2015, at 7:00 o'clock p.m ., in the Council Chambers , 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of , 2015 .
SIGNED by the Mayor on this ____ day of _________ , 2015.
Joyce Jay, Mayor
2
ATTEST:
Janelle Shaver, City Clerk
First Publication : February 12 , 2015
Second Publication:
Wheat Ridge Transcript
Effective Date:
Approved As To Form
Gerald E. Dahl , City Attorney
3
Council Action Fonn -Interference with Public Officers
February 23, 2015
Page2
and physical resistance. While not a part of an officer's job description , it is reasonably expected
that s/he tolerate some level of verbal criticism and resistance, from both the practical
perspective (the frequency with which it occurs) and legal perspective (some such expression
may constitute protected First Amendment speech). To fairly and lawfully constitute
"interference," speech must actually hinder, impair or prevent the officer or firefighter from
performing his or her duties .
Code Section 16-156(b) prohibits the act of threatening a public officer or official with
"violence, reprisal , or any other injurious act ," with nothing more. Under this language, a
statement such as , "I'll have your job for this ," is unlawful and subject to criminal prosecution .
This ordinance deletes subsection (b) entirely; the Police Department recommends that officers
instead issue citations for these offenses, when appropriate, under the state law on this topic.
That state law requires that threatening language actually obstruct, impair, or hinder the public
officer's performance of duties.
Code Section 16-156(d) makes it unlawful for any person to refuse to give their name, address or
date of birth when requested by an officer. Under case law interpreting the Fourth Amendment
(which governs the detention of people by officers), an individual is required to give this
information to an officer when they are reasonably being detained for investigatory purposes.
Accordingly, this ordinance amends current subsection (d) (now , (c)) to require probable cause .
These amendments bring Code Section 16-156 in line with the current state ofthe law.
RECOMMENDATIONS:
Approve the ordinance as presented.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 06-2015 , an ordinance amending Section 16-156 of the
Wheat Ridge Code of Laws concerning interference with public officers performing their duties ,
on second reading, and that it take effect fifteen days after final publication."
Or,
"I move to postpone indefinitely Council Bill No . 06-2015 , an ordinance amending Section 16-
156 of the Wheat Ridge Code of Laws concerning interference with public officers performing
their duties , for the following reason(s) "
REPORT PREPARED/REVIEWED BY;
Cannen Beery, City Attorney's Office
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 06-2015 ,
2. Staff Report of January 5, 2015
TITLE:
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER FITZGERALD
Council Bill No. 06
Ordinance No. ___ _
Series of 2015
AN ORDINANCE AMENDING SECTION 16-156 OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING INTERFERENCE WITH PUBLIC
OFFICERS PERFORMING THEIR DUTIES
WHEREAS, the City of Wheat Ridge , Colorado (the "City"), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401, the City, acting
through its City Council (the "Council "), is authorized to adopt rules and regulations prohibiting
certain conduct and defining general offenses that harm or pose a threat to the public health,
safety or welfare; and
WHEREAS, pursuant to such authority , the Council has previously defined and adopted
certain general offenses, codified as Chapter 16 of the Wheat Ridge Code of Laws ("Code "),
including a prohibition of interfering with public officers in the performance of their duties ,
codified as Code Section 16-156; and
WHEREAS, the Council finds that said Section 16-156 should be amended and updated
to reflect the current state of the law concerning investigatory stops and interference with
officers.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE , COLORADO:
Section 1. Section 16-156 of the Wheat Ridge Code of Laws , concerning
interference with public officers when discharging their duties, is hereby amended as follows:
Sec. 16-156. Same-When in discharge of duties.
(a) It is unlawful for any person to use and/or to threaten to use violence,
force, or physical interference, or any obstacle for the purpose of knowingly
obstructing, impairing, hindering or attempting to prevent the investigation of
any incident, the enforcement of any penal code, or the preservation of the
peace by a police officer or a peace officer acting under color of ffis official
authority, and/or any canine utilized by any police officer in the discharge of
such authorized official law enforcement duties , or knowingly to obstruct ,
impair, hinder or attempt to prevent the prevention, control or abatement of fire
by a fireman FIREFIGHTER acting under color of ffis official authority.
(b) It is unla•.vful for any person to threaten violonco , reprisal or any other
injurious act to any police officer, peace officer, fireman , city employee or
other public official who is engaged in the performance or attempted
performance of his official duties , or to make such a threat by reason of such
officer's performance or attempted performance of his official duties.
Attachment 1
~ It is unlawful for a person knowingly to give false information or a false
name or a false address to a police officer or a peace officer acting under
color of official authority with the purpose of implicating another or with the
intent to hide one's own real name , address or age .
(C tl:) It is unlawful for a person WHO HAS BEEN STOPPED BY A
POLICE OFFICER OR PEACE OFFICER ACTING UNDER COLOR OF
OFFICIAL AUTHORITY, UPON REASONABLE SUSPICION THAT THE
PERSON IS COMMITTING , HAS COMMITTED OR IS ABOUT TO COMMIT
A CRIME, TO knowingly te refuse to reveal his correct name , address or date
of birth when requested to do so by SUCH a police officer or a peace officer
acting under color of official authority .
Section 2. Safety Clause . The City Council hereby finds , determines , and declares
that this Ordinance is promulgated under the general police power of the City of Wheat Ridge ,
that it is promulgated for the health, safety, and welfare of the public and that this Ord inance is
necessary for the preservation of health and safety and for the protection of public convenience
and welfare . The City Council further determines that the Ordinance bears a rational relation to
the proper legislative object sought to be attained .
Section 3. Severability: Conflicting Ordinances Repealed. If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise
invalid , the validity of the remaining sections , subsections and clauses shall not be affected
thereby . All other ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 4. Effective Date . This Ordinance shall take effect fifteen (15) days after final
publication , as provided by Section 5.11 of the Charter .
INTRODUCED, READ , AND ADOPTED on first reading by a vote of 8 to 0 on this g th
day of February, 2015 , ordered publ ished in full in a newspaper of general circulation in the City
of Wheat Ridge and Public Hearing and consideration on final passage set for February 23 ,
2015 , at 7:00 o'clock p.m ., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote
of to , this day of , 2015 .
SIGNED by the Mayor on this ___ day of _________ , 2015 .
Joyce Jay, Mayor
2
ATTEST :
Janelle Shaver, City Clerk
First Publication : February 12 , 2015
Second Publication :
Wheat Ridge Transcript
Effective Date :
Approved As To Form
Gerald E. Dahl , City Attorney
3
Coun cil Action Form -IGA for Regional Criminal Just ice RMS
F ebruary 23 , 2015
Page2
available technology throughout the organization by all members; or to abandon the concept of
technological advancement, and continue in the current mode, which is merely a passing nod to
technology while actually accomplishing the work through the use of pen, paper, and staff
hours." At that time, moving to a new CAD/RMS system was not financially feasible , so existing
issues were addressed in an effort to make the current system workable for members of the
organization.
Staff recognized that a new CADIRMS system would need to be considered at some point in the
future . Considering the costs for hardware and software, as well as the need to dedicate significant
personnel resources for planning, implementation and training, staff recommended a plan to build a
reserve fund to pay, or assist in paying, for a future system. This need has been communicated to
the Citizen Budget Oversight Committee, the City Manager, and to previous City Councils , leading
to the creation of the equipment replacement fund , Special Fund 57 . Previous and current , City
Councils provided direction to staff to pursue these regionalization efforts .
FINANCIAL IMPACT:
If the City purchased a standalone RMS , CAD and field reporting system , the costs are projected to
be $1 to $1.5 million or higher , depending the system . Besides the hard dollar costs for software
and hardware , the soft co sts , including personnel to manage and implement the project and training,
would be significant.
The current annual software maintenance fee for the Logisys product is $88 ,847 per year, with an
expected yearly increase of3 %. One member ofthe City IT staff is assigned to maintain CAD and
RMS.
Regionalizing services allows the City to share costs on an equitable share basis, and provides the
opportunity to purchase a top-tier system. Under the current proposal , the Wheat Ridge Police
Department accounts for 12 % of the swom membership of this consortium . The implementation of
the new RMS will allow each participating agency to join the system in a phased approach. The
payment schedule for Wheat Ridge to participate in this regionali z ed effort consists of milestone
payments , training, hardware, and system admini strator costs. These co sts are broken down as
follows:
2014 -$10 ,049
2015 -$97 ,631
2016 -$83 ,601
2017 -$51 ,152
The total cost to the City of Wheat Ridge to participate in this consortium through 2017 is
approximately $242 ,433. On-going maintenance costs would be $51 ,152 annually for Niche
support and maintenance, hardware sustainability, and a system administrator. The department
encumbered the 2014 milestone payment, which will be paid once all participating agencies sign the
IGA and a contract is signed with Niche Technology.
There are additional costs that have yet to be finalized. For instance, the department will need to
maintain the Logisys system through the full implementation of this project. The Colorado
Council Action F orm -IGA for Regional Criminal Justice RMS
F ebruary 23 , 2015
Page 3
Municipal Records Retention Schedule requires the department maintain criminal justice records for
a period of time, depending on the type of record. Staff believes the costs of converting this data
are prohibitive. The department and IT staff are exploring various solutions to the on-going
maintenance of the old system. Costs for a potential interface between Logisys CAD and Niche are
being explored. There is funding in the equipment replacement fund to cover these expenditures.
BACKGROUND:
The background of countywide regionalization efforts has been reported to City Council at various
times since 2008. On December 15 , 2015 , staff presented a comprehensive review of the proposed
regional criminal justice RMS to City Council. Since that time, an Intergovernmental Agreement
(IGA) has been completed and reviewed by each agency's attorney. The IGA is now ready for
approval by each agency's City Council. Upon approval , the final contract can be signed with
Niche Technology, and work can begin on implementing this system across all agencies.
RECOMMENDATIONS:
It is recommended that the City Council approve the IGA for the use and maintenance of a regional
criminal justice records management system between the cities of Arvada, Edgewater, Golden,
Lakewood, and Wheat Ridge, and the Town of Mountain View.
RECOMMENDED MOTION:
"I move to approve Resolution No. 13-2015, a resolution approving an Intergovernmental
Agreement for the use and maintenanc.e of a regional criminal justice records management system."
Or,
"I move to postpone indefinitely Resolution No. 13-2015, a resolution approving an
Intergovernmental Agreement for the use and maintenance of a regional criminal justice records
management system for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Daniel Brennan, Chief of Police
Joe Cassa, Division Chief
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No . 13-2015
2. Regional Criminal Justice RMS IGA
3. RMS Cost Allocation
4. Staff Report from December 15 , 2014
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 13
Series of 2015
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT FOR THE USE AND MAINTENANCE OF A REGIONAL
CRIMINAL JUSTICE RECORDS MANAGEMENT SYSTEM
WHEREAS, the City of Wheat Ridge , Colorado (the "City), acting through its City
Council ("Council ") is a home rule municipality with statutory and constitutional authority
to enact ordinances and enter into agreements for protection of the public health, safety
and welfare; and
WHEREAS, C.R.S. § 29-1-203 authorizes Colorado local governments to
cooperate and contract with one another to provide functions and services and to
establish separate legal entities in connection therewith ; and
WHEREAS, the City, through its Police Department, provides law enforcement
services and , in connection therewith , maintains its own criminal justice records
management system ; and
WHEREAS, several other area jurisdictions also operate their own law
enforcement agencies and maintain their own criminal justice records management
systems; and
WHEREAS, the Council finds that the creation and maintenance of a regional
criminal justice records management system , through which area jurisdictions share
their respective records , could facilitate and improve crime analysis , identification of
crime trends and coordination of law enforcement efforts throughout the region; and
WHEREAS, the Council therefore determines that entering into an agreement
with other area jurisdictions for the establishment and operation of a regional criminal
justice records management system would further the public safety and welfare; and
WHEREAS, the Council wishes to approve the proposed Intergovernmental
Agreement for the use and maintenance of a regional criminal justice records
management system; 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 Intergovernmental Agreement by and between the Cities of Arvada ,
Edgewater, Golden , Lakewood , Wheat Ridge , and the Town Of Mountain View for the
Use and Maintenance of a Regional Criminal Justice Records Management System is
hereby approved . The Mayor and City Clerk are authorized to execute the same.
Attachment 1
DONE AND RESOLVED this __ day of ______ , 2015 .
Joyce Jay, Mayor
ATTEST :
Janelle Shaver, City Clerk
2
AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN
THE CITIES OF ARVADA, EDGEWATER, GOLDEN, LAKEWOOD, AND WHEAT
RIDGE , AND THE TOWN OF MOUNTAIN VIEW FOR THE USE AND
MAINTENANCE OF A REGIONAL CRIMINAL JUSTICE RECORDS MANAGEMENT
SYSTEM
TABLE OF CONTENTS
I. 0 DEFINITIONS ..................................................................................................................... 5
2. 0 EXHIBITS ........................................................................................................................... 7
3. 0 CREATION OF THE REGION AL CRIMINAL JUSTICE RECORDS MANAGEMENT
SYSTEM CONSORTIUM; TERM ..................................................................................... 7
3.1 Creation .................................................................................................................... 7
3.2 Purpose ..................................................................................................................... 8
3.3 Principal Place ofBusiness ...................................................................................... 8
3.4 Term ......................................................................................................................... 8
4. 0 POWERS OF THE REGIONAL CRIMINAL JU STICE RECORDS MANAGEMENT
CONSORTIUM ................................................................................................................... 8
4.1 Powers ofthe RMSC ............................................................................................... 8
4.2 Restrictions on powers of the RMSC ....................................................................... 9
5. 0 BOARD OF DIRECTORS .................................................................................................. 9
5.1 Board ofDirectors .................................................................................................... 9
5 .2 Number of Directors and Voting ............................................................................. 9
5 .3 Eligibility, Appointment, Removal , and Vacancies ................................................. 9
5.4 Compensation .......................................................................................................... 9
5.5 Action by the Board at a Meeting .......................................................................... ] 0
5.6 Committees ............................................................................................................ 1 0
6. 0 MANAGEMENT AND PERSONNEL OF THE RMSC .................................................. 10
6.1 RMSC Manager ..................................................................................................... } 0
6.2 Additional Assistance from Assigned RMSC Employees ..................................... 12
6.3 Regular RMSC E1nployees .................................................................................... 13
6.4 RMSC Party Representati ves ................................................................................. 14
7. 0 FINANCIAL AGENT; GENERAL FINANCIAL TERMS AND OBLIGATIONS ........ 14
7.1 Financial Agent and Responsibilities Thereof.. ..................................................... l4
7.2 Fiscal Year ............................................................................................................. 15
7.3 Deposits and Expenditures ..................................................................................... l5
Attachment 2
7.4 Annual Financial Report ........................................................................................ 15
7.5 Monthly Financial Accounting .............................................................................. 15
7.6 U nused Funds to Roll Over .................................................................................... l5
7. 7 Invoice Procedures and Payment Terms ................................................................ 15
7.8 Access to Financial Records and Reports .............................................................. 16
7.9 Amounts Forfeited ................................................................................................. 16
7. 1 0 Local Government Budget Law ............................................................................. 16
8. 0 RECORDS SHARING AND MANAGEMENT ............................................................... 16
8.1 Management and U se Generally ............................................................................ 16
8.2 Access to Record s .................................................................................................. 16
8.3 Records Security .................................................................................................... 16
8.4 Records Custody and Control ................................................................................ l6
8.5 Obligation to Share Intelligence Information with the Regional RMS ................. 17
9. 0 RIGHTS OF THE PARTIES ............................................................................................. 17
9.1 Financial Respons ibility ......................................................................................... 17
9.2 Voluntary Assumption of Obligations ................................................................... 17
9.3 Access to Financial Records and Reports .............................................................. 18
9.4 Access to Administrati ve Reports .......................................................................... l8
9.5 Data Conversion ..................................................................................................... l8
9.6 Addition ofNew Parties ......................................................................................... 18
9.7 Right to Tenninate Participation ............................................................................ 19
10. 0 COST ALLOCATION , PARTY CONTRIBUTIONS , AND PAYMENT TERMS ......... 19
10.1 Membership, Annual , or Other Fees, Charges, and Assessments ......................... 19
10 .2 Other Fees, Charges, and Assessments .................................................................. 20
1 0.3 Addition or Termination of Parties ........................................................................ 21
10.4 Payments Nonrefundable ....................................................................................... 21
10 .5 .RMSC Equipment .................................................................................................. 21
1 0.6 Party Equip1nent ..................................................................................................... 21
10 .7 Costs of Data Convers ion ...................................................................................... 22
10.8 Grant Moni es ......................................................................................................... 22
11. 0 OTHER TERMS AND CONDITIONS ............................................................................ .2 2
11 .1 Best Efforts ............................................................................................................ 22
11.2 Maintenance and Support ofRMSC Equipment ................................................... 22
11.3 Location of RMSC Equipment .............................................................................. 22
11.4 Non-exclusive License to Use all RMSC Software ............................................... 23
11.5 Party Equipment-Conditions of Use ...................................................................... 23
11.6 Connecti vity Between each Party 's RMS and the Regional RMS ........................ 23
11 .7 Dispute Resolution ................................................................................................. 23
12. 0 TERMINATION ; WINDING UP ...................................................................................... 23
12.1 Termination for Non-appropriation ....................................................................... 23
12.2 Tennination by Default.. ........................................................................................ 24
2
12.3 Termination by Vote of the Parties ........................................................................ 24
12.4 Wind-up of This Agreement ................................................................................. .24
13.0 OTHER TERMS AND CONDITIONS ............................................................................. 25
13.1 Additional Documents or Action ........................................................................... 25
13.2 Amendments .......................................................................................................... 25
13.3 Assigi1111ent ............................................................................................................ 25
13.4 Captions ; Construction and Interpretation ............................................................. 25
13.5 Counterpart Execution ........................................................................................... 26
13.6 Claims or Suits ....................................................................................................... 26
13.7 Entire Agreement ................................................................................................... 26
13.8 Force Majeure ........................................................................................................ 26
13.9 Governing Law and Venue .................................................................................... 26
13.10 Governmental Immunity ........................................................................................ 26
13.11 Independent Agencies ............................................................................................ 26
13 .12 Insurance ................................................................................................................ 26
13.13 Necessary Personnel , Equipment , and Facilities ................................................... 28
13 .14 No Third Party Beneficiaries ................................................................................. 28
13.15 Non-appropriation .................................................................................................. 28
13.16 Notices ................................................................................................................... 28
13 .17 Severability ............................................................................................................ 28
13.18 Waiver of Breach ................................................................................................... 29
3
AN INTERGO VERNMENTAL AGREEMENT BY AND BETWEEN
THE CIT IES OF AR VA DA, EDGEWATE R, GOLD EN, LAKEWOOD, AN D WHEAT
RID GE, AN D THE TO WN OF MO UNTAIN VIEW FOR THE USE AN D
MAINTENANCE OF A REGIONAL CR IM INAL JUSTICE REC ORD S MANAGEMENT
SYSTEM
THIS INTERGO VERNMENTAL AGREEMENT ("Agreement") is effective as of January 1,
2015 (the "Effective Date"), and is by and between the City of Arvada, a Colorado municipal
corporation, the City of Edgewater, a Colorado municipal corporation , the City of Golden , a
Colorado municipal corporation , the City of Lakewood, a Colorado municipal corporation, the
City ofWheat Ridge, a Colorado municipal corporation, and the Town of Mountain View , a
Colorado municipal corporation, and all other entities or agencies that sign this Agreement in
accordance with the requirements herein. These entities or agencies may be referred to
individually as a "Party" or collectively as the "Parties."
WITNESSETH
WHEREAS , C.R.S. §29-1-203 , as amended , permits and encourages local governments to make
the most efficient and effective use of their powers and responsibilities by cooperating and
contracting with other local governments in order to provide any lawfully authorized function,
service, or facility; and
WHE REAS , each of the Parties is authorized to establish , maintain , and provide law
enforcement services ; and
WHEREAS , each of the Parties is engaged in emergency response and other public safety
functions that rely on an effective and efficient criminal justice records management system; and
WHERE AS , an effective criminal justice records management system functions to enhance the
ability to identify and manage crime and other incidents , to streamline management of
intelligence information , and to ease preparation for trials and other courtroom proceedings ; and
WHEREAS , currently, each Party maintains its own individual criminal justice records
management system ("RMS") with facilities located in that Party 's jurisdiction ; and
WHEREAS , the Parties wish to partner in the creation and maintenance of a combined , or
regional, RMS ("Regional RMS" as defined below) that allows each of the Parties to enhance its
ability to consistently utilize and manage criminal justice records; and
WHEREAS, the Parties wish to have the ability to share criminal justice records information in
real time with each other; and
WHERE AS, the Parties wish to create a Regional RMS that standardizes workflow processes ,
supports more robust crime analysis, lends itself to better identification of crime trends , and
ensures continuity of criminal justice records management services ;
4
WHEREAS , the Parties have previously organized and staffed an open and public bidding
process to identify and select a records management system vendor that can provide a
technologically reliable , effective, and efficient Regional RMS , including records management
software and related services; and
WHEREAS, as a result of this process, the Parties have selected Niche Technology, Inc. as the
vendor best suited to provide the Regional RMS ; and
WHEREAS, the Parties understand and acknowledge that each ofthem must also cooperate to
provide the underlying infrastructure necessary to support a robust Regional RMS ; and
WHEREAS , the Parties must now cooperate in the design , purchase, and installation of the
components necessary to construct and operate a Regional RMS, which components include
computer hardware equipment and computer software along with needed management,
administration , maintenance, training, and other support services; and
WHEREAS , the Parties have determined that it is in the public's best interests to create a legal
entity or consortium to allow that consortium to enter into contracts and otherwise provide for
the acquisition of necessary goods or services in an efficient and effective manner; and
WHEREAS, the Parties have agreed to organize and operate a separate legal entity pursuant to
C.R.S. §29-1-203(4) which will be known as the Regional Criminal Justice Records
Management System Consortium ("RMSC"); and
WHEREAS , the Parties may, in the future , wish to allow other governmental agencies or
entities to join as parties to this Agreement, and to allow those other agencies or entities to use
the Regional RMS under the terms and conditions set forth herein or as otherwise agreed upon.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged , the Parties agree as follows:
1.0 DEFINITIONS. In addition to the tenns defined elsewhere in this Agreement, the
following definitions will apply:
Agency RMS Administrator means the information technology employee designated by
each Party to be responsible for the day-to-day maintenance and administration of that
Party's individual records management system , its Party Equipment, and its connection to
the Regional RMS. Each Party will use its best efforts to communicate to the others the
name and contact infonnation of its designated Agency RMS Administrator. In the event
a Party fails to make such a designation , that Party's Agency RMS Administrator will be
the director of that Party 's information technology department or division . In the event a
Party has no designated director of information technology, that Party's Agency RMS
Administrator will be its Chief of Police or designee thereof. The Agency RMS
Administrator functions as a Party Representative to the RMSC under this Agreement.
5
Assigned RMSC Employee or A ssign ed Employee means a person who is employed by a
Party and is assigned to work full-or part-time for or on behalf of the RMSC.
Board means the Board of Directors of the RMSC .
Consortium or RMSC means the entity consisting of all the agencies that are a Party to
this Agreement or that become a Party to this Agreement.
Criminal Justice Record or Records has the same meaning as that set forth in C.R.S. §24-
72-302(4) as may from time to time be amended.
Director means a member of the Board of the RMSC.
Indi vidual Party R ecord or Records means any Criminal Justice Record that is not placed
into the Regional RMS by a Party but instead remains solely in the possession or control
of that Party. As an example, an investigatory file compiled by a Party that remains
solely in the possession of that Party is an "Individual Party Record."
Intelligence Information means evaluated data relevant to the identification of criminal
activity engaged in by an individual or organization reasonably suspected of involvement
in criminal activity that meets criminal intelligence s ystem submission criteria as set forth
in Part 23 ofTitle 28 of the Code of Federal Regulations . Intelligence Information is a
Criminal Justice Record pursuant to C.R.S. §24-72-302(4) as may from time to time be
amended.
Party Equipm e nt means the components of each Party 's individual RMS that are
purchased separately by that Party, used in , or maintained at that Party's expense, and
that are necessary to support that Party's connection to the Regional RMS under this
Agreement.
Party Representative means the Agency RMS Administrators and Records Custodians of
each Party.
Reco rds Cu s todian means each Party 's official custodian of Criminal Justice Records as
defined in C.R.S. §24-72-302(8) as may from time to time be amended . Each Party will
use its continuing best efforts to communicate to the others the name and contact
information of its designated Records Custodian. In the event a Party fails to make such
a designation , that Party 's Records Custodian will be the director of that Party 's police
administrative or support services department or division. In the event a Party has no
designated director of police administrative services , that Pm1y' s Records Custodian will
be its Chief of Police. The Records Custodian functions as a Party Representative to the
RMSC under this Agreement.
Regional RMS means the integrated system of gathering and managing Criminal Justice
Records of the Parties that is the subject of this Agreement and is more fully described
herein . The Regional RMS will provide the functionality necessary to allow the Parties
6
to manage their Criminal Justice Records to provide for full availability of a Party 's
records to that Party or to another Party 's employees.
Regular RMSC Employee or Regular Employee means a person who is employed by the
RMSC pursuant to an employment agreement to perfonn any administrative, technical , or
other function deemed necessary to the operation of the RMSC by the Board .
RMSC Equipm ent means the computer hardware, software, and other equipment that
together provide the backbone of an integrated system for managing the sharing, security,
accessibility, use, and dissemination of Criminal Justice Records under this Agreement
and includes any replacement equipment or new equipment or components made
necessary due to technological or other advances in Criminal Justice Records system
management. It also includes any other equipment, goods , or products necessary to the
successful operation of the RMSC.
RMSC Manager or Manager means the person who is hired , designated , or otherwise
assigned to manage the maintenance and day-to-day operations of the Regional RMS by
the Board of the RMSC.
RMSC Software means any computer program licensed by Niche Technology, Inc., or
any successor vendor to the RMSC for use by the RMSC and the Parties in operating the
Regional RMS along with any updates thereto or successor versions or releases thereof.
2.0 EXHIBITS.
2.1 Exhibit "A": Jefferson County Regionalized Public Safety and Technology
Consortium: Law Enforcement Records Management System Project Cost
Allocation
This exhibit is incorporated by reference herein for all purposes. In the event of a
conflict between the terms of this Agreement and the terms of Exhibit "A ," the terms of
this Agreement will control.
3.0 CREATION OF THE REGIONAL CRIMINAL JUSTICE RECORDS
MANAGEMENT SYSTEM CONSORTIUM; TERM
3.1 Creation. Pursuant to C.R.S. §29-1-203(4), the Parties hereby create a separate
legal entity known as the Regional Criminal Justice Records Management System
Consortium , or RMSC , which will have the powers , authorities , duties , privileges,
immunities , rights , and responsibilities set forth herein.
3.2 Purpose. The purpose of the RMSC is to facilitate the sharing of responsibilities
and expenses related to the design , creation, maintenance, and management of the
Regional RMS so as to allow for efficient and effective access to and
management of Criminal Justice Records by the Parties.
7
3.3 Principal Place of Business. The principal place ofbusiness of the RMSC will be
in Lakewood , Colorado, unless and until otherwise established from time to time
by the Board.
3.4 Term. Unless sooner terminated as a result of non-appropriation of funds as set
forth below , the initial term of this Agreement will run for ten years from the
Effective Date ("Initial Tenn"). This Agreement may be renewed for additional
five-year periods ("Renewal Tenn or Terms"). Such Renewal Terms will be
automatic.
3.4. 1 Beginning and End of Terms. The Initial Term of this Agreement will
begin on January 1, 2015 , and extend through and including December 31,
2024 , unless otherwise terminated as set forth herein. The first Renewal
Term ofthis Agreement will begin on January 1, 2025.
4.0 POWERS OF THE REGIONAL CRIMINAL JUSTICE RECORDS
MANAGEMENT CONSORTIUM
4.1 Powers of the RMSC. In order to enable the RMSC to carry out its functions and
provide the services described herein , the RMSC will have the following powers:
4.1. 1 Acguire Property . To acquire, hold , lease (as lessor or lessee), sell , or
otherwise dispose of any legal or equitable interest in real or personal
property ;
4.1.2 Add Parties. To approve other governmental entities or agencies
authorized to lawfully provide, establish, maintain, or operate law
enforcement services to join the RMSC on the conditions determined by
the Board ;
4.1.3 Adopt Policies and Procedures. To adopt policies and procedures
regarding the exercise of its powers and the carrying out of its purposes ;
4.1.4 Apply for Grants. To apply for and receive grants in its own name;
4.1.5 Conduct Business. To conduct its business and affairs for the benefit of
the Parties and their residents;
4.1 .6 Contract. To enter into , make, and perform contracts of every kind ;
4.1.7 Engage Agents. To engage, employ, or appoint agents , including but not
limited to accountants , architects, attorneys , consultants, employees ,
engineers, insurance professionals , and managers and to pay the direct and
indirect reasonable costs of such agents for services rendered to the
RMSC;
8
4.1.8 Fees, Charges, and Assessments. To assess , fix , maintain, and revise fees ,
charges , and assessments for functions , services, or facilities provided by
the RMSC or to cover the cost of operating and managing the RMSC , and
as part of so doing, may enter into contracts with Parties for the payment
of money;
4.1.9 Incur Debt. To incur debts and obligations, deliver bonds or notes for
monies borrowed or other obligation of the RMSC , and to secure the
payment of such bonds or obligations , except that no party shall be liable
for any debts or obligations of the RMSC ;
4.1.1 0 Legal Process. To litigate, arbitrate, or mediate in its own name;
4.1.11 Receive Contributions. To receive contributions of gifts , grants , or
services ; and
4.1.12 Terminate a Party's Participation in this Agreement. To terminate or limit
a Party 's participation in this Agreement pursuant to section 12.
4.2 Restrictions on powers of the RMSC. The RMSC will not have the power:
4.2.1 Eminent Domain. To take property by eminent domain ; or
4.2 .2 Tax . To impose taxes.
5.0 BOARD OF DIRECTORS.
5.1 Board of Directors. The governing body of the RMSC will be the Board , in
which all administrative power of the RMSC is vested. The purpose of the Board
is to set policy for the RMSC and decide important issues before the RMSC.
Board members will seek to remove roadblocks that hinder agency participation
in the RMSC and ensure their agency's commitment to the RMSC.
5.2 Number of Directors and Voting. One person from each Party will be a member
of the Board. Each Director gets one vote on matters coming before the Board
unless a different voting allocation is agreed upon by the Board.
5.3 Eligibility, Appointment, Removal, and Vacancies. Each Party's Chief of Police
will be a member of the Board and will serve as a Director as long as he or she
holds the position of Chief. Should a Chief be unable to serve, that Party's Acting
Chief or designee thereof will serve as the Director for that Party.
5.4 Compensation. A Director may not receive compensation for the Director's
service to the RMSC. Any cost or expense that is incurred by a Director in
serving on the RMSC Board will be borne by the Party that Director represents.
At no time will a Director be considered an employee of the RMSC.
9
5.5 Action by the Board at a Meeting. Meetings of the Board may be held at any
place as determined by a majority of the Board . Directors may attend a meeting
in person or by any other means , including by telephone or other means of
communication, and such participation at a meeting will constitute attendance.
5.5.1 Quorum. The attendance of at least a majority of the Directors of the
Board shall constitute a quorum for the transaction of business.
5.5.2 Voting. The affinnative vote of a majority ofthe Directors on the Board
that are present at any meeting at which there is a quorum will constitute
an act of the Board , unless otherwise specified in this Agreement.
5.5.3 Minutes. Minutes of each meeting and a record of each decision will be
kept by the Board in compliance with state records retention requirements.
5.5.4 Meetings Public. Meetings of the Board must be public, and must be
properly noticed and conducted under the Colorado Open Meetings Law ,
C.R.S. § 24-72-201 , et seq.
5.6 Committees. The Board may designate one or more committees that will serve at
the pleasure of the Board. Any committee will have the powers and
responsibilities granted by the Board to that committee.
6.0 MANAGEMENT AND PERSONNEL OF THE RMSC
6.1 RMSC Manager.
6.1.1 Aooointment or Hire. The Board may appoint or hire a RMSC Manager
who will report directly to the Board. The person serving as the Manager
may be an employee of a Party, or may be hired as an employee of the
RMSC under an employment contract negotiated by the Board and the
Manager. Should the Board appoint a person as Manager who is also an
employee of a Party, the appointment will be contingent upon the approval
of the Party employing the Manager. An appointed Manager will not be
considered an employee of the RMSC .
6.1.2 Manager 's Duties . The Manager will be responsible for the overall
Regional RMS configuration , and for system maintenance, security, and
support. The Manager will oversee all day-to-day operations of the RMSC
as set forth herein. The Manager will undertake and execute the Board 's
instructions and directions. The Manager will work with the RMSC Party
Representatives to develop and promulgate RMSC policies and procedures
as approved by the Board. The Manager will have the administrative
authority necessary to perform the tasks and responsibilities assigned
10
under this Agreement. The Manager may solicit grants on behalf of the
RMSC. The Board may grant to the Manager any additional
administrative authority deemed necessary by the Board and in
compliance with this Agreement. The Manager will attend all meetings of
the Board , unless his or her attendance is excused by the Board , and make
technical and practical recommendations to the Board about the ongoing
operation of the Regional RMS. If the Manager is unavailable, the Board
may designate an acting manager.
6.1.2.1
6.1.2.2
6.1.2.3
Cooperation with the Financial Agent. The Manager will
work with the financial agent to ensure budgeting duties are
attended to and assist the financial agent as set forth in
section 7 in seeing that all reasonable and necessary RMSC
bills are timely paid.
Inventory Management. The Manager will create and
maintain at all times during the Initial and any Renewal
Tenns of this Agreement a correct and complete inventory
of all RMSC Equipment and furnishings. The Manager
will work with the financial agent to establish support,
maintenance, and replacement accounts and schedules for
all RMSC Equipment, including RMSC Software, and any
other items that are reasonably necessary for the ongoing
operation of the RMSC.
Cooperation with the Party Representatives . The Manager
is responsible for collaborating and cooperating with the
Party Representatives to ensure the ongoing efficient and
effective operation of the RMSC as well as the security of
all Criminal Justice Records that become a part of the
Regional RMS. To this end , the Manager and Party
Representatives will confer on a regular, periodic basis, at
mutually agreeable times and locations, and otherwise on
an as-needed basis, for the purpose of reviewing and
evaluating the operation of the Regional RMS.
6.1.3 Coordinate all Cross Agency Activity. The Manager will develop
protocols that ensure consistent Criminal Justice Records management, to
create standardized work flow processes to facilitate ease ofuse of the
Regional RMS by all Parties, and to coordinate training necessary to
ensure proper use of the Regional RMS by all authorized users in
accordance with security procedures and applicable laws. The Manager
may, with the approval of the Board , create any advisory, support , or
implementation positions, groups , or teams needed to ensure the ongoing
success ofthe Regional RMS.
11
6.1.4 Term. The Manager's term is expected to be two years. The actual length
of the term may be longer or shorter than two years. In the case of an
appointed Manager who is an employee of a Party, the Manager's tenn of
appointment will be detennined by agreement between the Board and the
Party that employs the Manager. In the case of a Manager who is an
employee ofthe RMSC pursuant to an employment contract, the
Manager's term of employment will be as negotiated by the Board and the
Manager and set forth in the employment contract. The contract must
provide that the Manager will be an at-will employee.
6.1.5 Removal of Manager. In the case of a Manager who is an employee of a
Party, the Board may remove the Manager at any time and for any reason.
In the case of a Manager who is an employee of the RMSC pursuant to an
employment contract, the Manager may be removed in accordance with
the terms of the employment contract and applicable law. An appointed
Manager who is an employee of a Party may be recalled by that Party at
any time and for any reason by giving 30 days prior written notice to the
Board , unless the Party employing the appointed Manager and the Board
agree to other notification requirements.
6.1.6 Conditions of Employment. For an appointed Manager, the Manager's
work hours and other conditions of appointment will be detennined by
agreement between the Board and the appointed Manager 's employing
agency. In the case of a Manager who is hired by the Board pursuant to an
employment contract, the Manager's conditions of employment will be
determined by agreement between the Board and the Manager.
6.1. 7 Compensation. In the case of an appointed Manager, the Party employing
the Manager will bear all costs associated with employing the Manager
including, but not limited to, the Manager's salary and benefits. The
RMSC is not required to reimburse the Party employing the appointed
Manager, but the Board may assess an annual fee on the Parties to
reimburse the Party employing the appointed Manager for part or all of the
costs as sociated with employing the appointed Manager.
6.2 Additional Assistance from Assigned RMSC Employees.
6.2.1 Appointment. The Board may seek an Assigned RMSC Employee from
any Party. Upon request of the Board , any Party may designate one or
more Assigned Employees to work full-or part-time on behalf of the
RMSC. The Board may decline to utilize any person designated to work
as an Assigned Employee and may remove any Assigned Employee at any
time and for any reason .
6.2.2 Work Assignments. Each Assigned RMSC Employee will work under the
supervision and direction of the Manager. Each Assigned Employee will
have the administrative authority necessary to undertake and execute the
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tasks and responsibilities assigned by the Manager and the Board. The
Board may grant to any Assigned Employee any additional administrative
authority deemed necessary by the Board. An Assigned Employee may
attend Board meetings at the direction of the Manager or the Board.
6.2 .3 Eligibility and Employment. Any person serving as an Assigned RMSC
Employee must be an employee of a Party at all times during that person's
tenure as an Assigned Employee. An Assigned Employee will not be
considered an employee of the RMSC.
6.2.4 Term. An Assigned RMSC Employee's term of appointment will be
determined by agreement between the Board and the Party that employs
the Assigned Employee. Whether the Assigned Employee works full-or
part-time on RMSC matters will be determined by agreement between the
employing Party and the Board. An Assigned RMSC Employee may be
recalled by his or her employing Party at any time and for any reason by
giving 30 days prior written notice to the Board, unless the Party
employing the Assigned Employee and the Board agree to other
notification requirements.
6.2.5 Compensation. The Party employing the Assigned RMSC Employee will
bear all costs associated with employing the Assigned Employee
including, but not limited to , the Assigned Employee's salary and benefits.
The RMSC is not required to reimburse the Party employing the Assigned
Employee, but the Board may assess an annual fee on the Parties to
reimburse the Party employing the Assigned Employee for part or all of
the costs associated with employing the Assigned Employee.
6.3 Regular RMSC Employees.
6.3.1 Hiring. The Board may hire one or more full-or part-time Regular RMSC
Employees under an employment contract negotiated by the Manager and
the employee. The contract must provide that the Regular RMSC
Employee is an employee at-will, and it must be approved by the Board at
a public meeting.
6.3.2 Work Assignments. Each Regular RMSC Employee will work under the
supervision and direction ofthe Manager. Each Regular Employee will
have the administrative authority necessary to undertake and execute the
tasks and responsibilities assigned by the Manager and the Board. The
Board may grant to any Regular Employee any additional administrative
authority deemed necessary by the Board. A Regular Employee may
attend Board meetings at the direction of the Manager or the Board.
6.3.3 Term. A Regular RMSC Employee's term of employment will be as
negotiated by the Manager and the Regular Employee and as set forth in
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the employment contract. The contract must provide that the Regular
RMSC Employee will be an at-will employee.
6.3.4 Removal. A Regular RMSC Employee may be removed in accordance
with the tenns of his or her employment contract and applicable law .
6.3.5 Compensation. A Regular RMSC Employee's compensation will be as
negotiated by the Manager and the Regular Employee, as approved by the
Board , and set forth in the employment contract.
6.4 RMSC Party Representatives.
6.4.1 Designation. Each Party hereby designates it s Records Custodian and
Agency RMS Administrator, or designees thereof, as that Party's
Representatives to the RMSC.
6.4.2 Duties. The Party Representatives will serve as the liaisons to the
Manager for all day-to-day administrative, operational , and technical
issues as appropriate and will use their best efforts to coordinate with the
Manager on all tasks that are necessary to the ongoing and successful
operation of the RMSC . The RMSC Party Representatives will work with
the RMSC Manager to develop and promulgate RMSC policies and
procedures as approved by the Board. A Party Representative may attend
Board meetings at the direction of the Manager, the Board , or that Party's
Chief or designee thereof. A Party Representative may work through the
Manager with Niche or any successor vendo r or vendors as needed to
ensure the success of the Regional RMS at the agency level.
7.0 FINANCIAL AGENT; GENERAL FINANCIAL TERMS AND OBLIGATIONS.
7.1 Financial Agent and Responsibilities Thereof. One Party or person designated by
the Board will serve as the financial agent for the RMSC. The financial agent will
work with the Manager to establish an annual budget for presentation to and
approval by the Board , and to establish all accounts necessary to facilitate the
ongoing operation and administration of the RMSC. The financial agent will be
responsible for the payment of all reasonable and necessary RMSC bills approved
by the Board in its annual budget and properly appropriated . The financial agent
may receive funds from Parties as a pass-through to pay vendors .
7.1.1 Lakewood To Act As The Initial Financial Agent. Lakewood will act as
the initial financial agent for the RMSC. The Board may agree to appoint
a successor financial agent from among the Parties or rotate financial
agent responsibilities among the Parties. The Board may agree to appoint
any qualified person as the financial agent for the RMSC, including the
Manager.
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7.2 Fiscal Year. The fiscal year of the RMSC will be from January 1 through
December 31 of each year.
7.3 Deposits and Expenditures. All funds of the RMSC will be deposited to the credit
of the RMSC in a separate interest bearing account. There will be no
commingling of funds with any Party or entity. No payment or withdrawals of
such funds in an amount over $1 ,000.00 will be allowed without prior approval of
the Board. Payments or withdrawals of such funds in amounts up to and
including $1 ,000.00 may be authorized by the Manager, if included in the
approved budget and properly appropriated.
7.4 Annual Financial Report. Beginning in 2016 , the financial agent will deliver to
the Board on or before February 28 of each year that this Agreement is in effect
an annual financial report. The annual financial report must adhere to generally
accepted accounting principles ("GAAP"). The annual financial report must
include an accounting of all revenues and contributions , including forfeitures , if
any, into any account, as well as an accounting for any expenses or costs that are
related to the operation and administration of the RMSC. All financial
information related to the operation of the RMSC will be documented as part of
the comprehensive annual financial report ("CAFR") of the financial agent , if the
designated financial agent is a Party.
7 .4.1 Final Report. Within 60 days of the termination of this Agreement by all
Parties, or ofthe end ofthe last Renewal Tenn of this Agreement, the
financial agent will issue a final financial report that accounts for any
disbursements or distributions made to any of the Parties , and the
disposition of RMSC assets , if any.
7.5 Monthly Financial Accounting. The financial agent will deliver to the Board each
month a written account of revenues and expenditures , including forfeitures , if
any, received by the RMSC and invoices received and paid that month.
7.6 Unused Funds to Roll Over. Except as set forth in subsection 12.4, all unused
funds in any RMSC account must be rolled over such that the funds are used to
facilitate the operation, acquisition, maintenance and support, or the replacement
of RMSC Equipment, or otherwise used to facilitate the operation and
administration of the RMSC .
7. 7 Invoice Procedures and Pavment Terms. The financial agent will , on an annual or
other basis set by the Board , invoice the other Parties for goods, services , fees ,
charges , or assessments related to the operation and administration of the RMSC.
The Party receiving the invoice must pay the financial agent the invoiced amount
within 30 days of receipt of the invoice. All such invoices may be transmitted
electronically. Any payment dispute will be handled in accordance with
subsection 11.7 .
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7.8 Access to Financial Records and Reports. All financial records and reports ofthe
financial agent relating to the administration of the RMSC will be open to
inspection at reasonable times by all Parties and the public.
7.9 Amounts Forfeited. Should any Party terminate its participation in this
Agreement, or be remo ved as a Party as set forth in subsection 12.2 , that Party 's
contributions to the RMSC, including all membership , annual or other fees ,
charges, or assessments , will be forfeited to the RMSC as of the date of the
Party 's tennination , and any such forfeited funds will be used by the RMSC for
its operation and administration.
7.10 Local Government Budget Law. The RMSC must be subject to the Local
Government Budget Law , C.R.S. § 29-1-101 , et seq., and must comply with its
prOVISIOnS.
8.0 RECORDS SHARING AND MANAGEMENT.
8.1 Management and Use Generally. Each Party will share its Criminal Justice
Records with the Regional RMS as set forth herein . Criminal Justice Records that
are shared with or a part of the Regional RMS will be used for law enforcement
purposes consistent with the welfare and protection of the general public. All
records that are part of the Regional RMS will be maintained and kept in
accordance with the provisions of the Criminal Justice Records portion of the
Colorado Open Records Act as may from time to time be amended. A Party may
maintain Individual Party Records as that Party sees fit.
8.2 Access to Records . Only the Parties ' employees , employees of the RMSC , or
employees of non-Party agencies or entities authorized by the Board may access
Criminal Justice Record s in the Regional RMS. All persons with access to the
Criminal Justice Record s must first pass a background screening process deemed
adequate by the Board.
8 .3 Records Security. All authorized users who have acces s to record s that are a pati
of the Regional RMS will be trained in and follow the security procedures
developed by the RMSC .
8.4 Records Custody and Control. Each Party will retain custody and control of, and
will remain the official custodian of, any Criminal Justice Records it shares with
the Regional RMS .
8.4 .1 Release of Records . Neither the RMSC nor the Manager will release any
Criminal Justice Records pursuant to a request under Article 72 of Title 24
of the Colorado Revised Statutes . Each Party is responsible for
responding to a subpoena or a court order relating to its own Criminal
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Justice Records. In the case of an assigned Manager, any such designation
will be contingent upon the approval of the Manager's employing Party.
8.4.2 Sealed or Expunged Records. In the event a Party has shared a Criminal
Justice Record with the Regional RMS and that record is then ordered
sealed or expunged by a court of competent jurisdiction, the Party that
shared the Criminal Justice Record is responsible for sealing or expunging
that Record in compliance with the court order and applicable laws.
8.5 Obligation to Share Intelligence Information with the Regional RMS. No Party
will be required to share Intelligence Information as that term is defined in Part 23
ofTitle 28 of the Code of Federal Regulations.
8.5.1 Access and Dissemination. Should Intelligence Information be shared
with or become a part of the Regional RMS , it will be handled and
disseminated consistent with the provisions of the Code of Federal
Regulations noted herein. The Board may put in place policies and
procedures for the receipt, use , maintenance, security, and dissemination
of Intelligence Information consistent with the Code ofFederal
Regulations noted herein.
8.5.2 Custody and Control. Each Party will retain custody of, and will remain
the official custodian of, Intelligence Information. Neither the RMSC nor
the Manager will be deemed to be the official custodian of Intelligence
Information that becomes a part of the Regional RMS unless the Board
grants the RMSC or the Manager that authority by a vote as set forth in
subsection 8.4.1.
9.0 RIGHTS OF THE PARTIES.
9.1 Financial Responsibility. The RMSC will not be required to pay any Party's costs
associated with acquiring or maintaining any equipment, hardware, or licensed
software necessary for that Party to participate in the RMSC . The Board may
agree to pay for expenses incurred by a Party that , in furtherance of the RMSC's
purpose, maintains goods or facilities for use by other Parties or for use by the
RMSC, or that provides services to other Parties. As an example, the Board may
agree to obtain insurance for , or reimburse a Party for, expenses related to
insuring RMSC equipment or facilities used to house RMSC equipment.
9.2 Voluntary Assumption of Obligations. A Party may voluntarily elect to be liable,
in whole or in part, for any or all of the debts , liabilities , or obligations of the
RMSC at the sole discretion of that Party.
9.2.1 Voluntary Contribution of Equipment or Goods. A Party may voluntarily
contribute space, equipment, or other goods needed to operate the RMSC.
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Any item contributed to the RMSC by a Party will be returned to that
Party in accordance with subsection 1 0.2.4.
9.3 Access to Financial Records and Reports. All records and reports of the financia l
agent relating to the administration of this Agreement or the operation and
administration of the RMSC will be open to inspection at reasonable times by any
authorized agent of a Party, including an authorized auditor or representative
thereof. Any Party may access and examine pertinent books , documents , papers ,
and records of the financial agent about transactions related to the Agreement
until the latter of three years after the final payment under the Agreement or the
expiration of the applicable statute of limitations . All records and reports are
subject to the provisions of the Colorado Open Records Act.
9.4 Access to Administrative Reports. Each Party will have access to any RMSC
administrative repmts or records that may be needed to manage that Party's
individual RMS or to assist in or facilitate the utilization of the Regional RMS by
that Party.
9.5 Data Conversion. Each Party may decide how much of its existing data , or
existing Individual Party Records , will be converted or transferred into the
Regional RMS system. Each Party will use its best efforts to ensure that
converted data is complete and accurate.
9.6 Addition ofNew Parties.
9.6.1 Eligibility. Any entity or agency that becomes a Party must be a
governmental agency that is authorized to lawfully provide, establish ,
maintain, and operate law enforcement services and create, keep , and
maintain Criminal Justice Records.
9.6.2 Process. The Board may, upon the affirmative vote of75% of all of the
Directors ofthe Board , approve the membership of any other qualified Jaw
enforcement agency or entity into the RMSC upon any reasonable tenns
and conditions deemed necessary by the Board . The new Party must sign
a separate signature page to this Agreement and any amendments thereto
that states the new Party agrees to all tenns and conditions of membership
in the RMSC. Upon delivery of the signed signature page to the Manager,
satisfaction of any tern1s and conditions imposed by the Board , and
payment of any RMSC membership , annual or other fees , charges , or
assessments, such agency or entity will be a Party to the RMSC.
9.6.2 .1 Status ofNew Parties. New Parties will share in all costs
associated with the Regional RMS as of the date of the new Party's
membership in the RMSC. The Regional RMS may be utilized by
any new Party in accordance with the terms set forth in this
Agreement for existing Parties .
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9.6.3 Time of Entry. No other entity or agency may become a party to this
Agreement until after all Parties that are Parties at the time of the effective
date of this Agreement go "live" under the terms of this Agreement. It is
the intent of the Parties that the original six Parties be functioning
members of the Regional RMS contemplated by this Agreement before
any other Parties are allowed to become members of the RMSC.
9.6.3 .1 Multi-jurisdictional Task Force. Where a Party to this Agreement
also serves as the custodian of records for a multi-jurisdictional
task force of which that Party is a member, that Party may opt to
share task force records with the Regional RMS. Should these task
force records be shared with the Regional RMS , the Party that
shared the records may allow any member of the multi-
jurisdictional task force access to Regional RMS records on the
terms and conditions set forth herein. Under these circumstances ,
the multi-jurisdictional task force will not be considered a new
party to this Agreement.
9.7 Right to Terminate Participation. A Party may terminate its participation in this
Agreement by giving written notice to the Board at least 30 days prior to the date
of termination , unless the Board and a specific Party have agreed on a different
notice period.
10.0 COST ALLOCATION, PARTY CONTRIBUTIONS, AND PAYMENT TERMS.
10.1 Membership, Annual, or Other Fees, Charges, and Assessments. Parties may be
assessed membership, annual , or other fees , charges, and assessments that are
reasonably related to the administration and operation of the Regional RMS and
the RMSC. All such costs will be allocated to each Party as a percentage of total
costs based on the number of authorized sworn employees employed by that Party
as set forth in Exhibit "A" or as otherwise set forth herein. These costs will
include but are not limited to: Payments to Niche or a successor vendor;
Infrastructure costs; and System Administrator (Manager) costs. The estimates of
the costs assessed to each original Party are set forth in Exhibit "A." All Parties
understand that Exhibit "A" reflects estimated costs as of October, 2014, and
assumes that the contract with Niche would be signed in 2014. All Parties
understand that if the Niche contract is signed in 2015 , the actual costs may
increase slightly and all payment deadlines may be pushed back somewhat. For
example, a payment that is shown in Exhibit "A" as being due in 2014 may
actually be due in 2015 , and so on. All payments will be made to the RMSC
through the financial agent unless other payment arrangements are approved by
the Board.
1 0.1.1 Initial Payment After This Agreement is Signed. The Manager will
provide an invoice to each Party for the amount due as soon as is
19
practicable after that Party signs this Agreement. Each Party's initial
payment to the RMSC for Niche licensing fees and costs as set forth in the
"20 14 Funding Requirement" section of Exhibit "A" is due no later than
30 days after that Party signs this Agreement.
1 0.1.2 Payments Over the Next Two Years -Generally. During the first two
years after the Niche contract is signed , the Parties ' payment obligations
will be as set forth in the "20 15 Funding Requirement" and "20 16 Funding
Requirement" sections of Exhibit "A." To the extent practicable, the
Manager will notify the Parties of an anticipated Niche milestone event
payment or other anticipated payment obligation no fewer than sixty days
before the payment is due . At the time each notification is sent , the
Manager will also invoice each Party for that portion of the Party 's Niche
milestone event payment or other payment obligation. Each Party will pay
the amount invoiced to the RMSC no fewer than thirty days after the date
of the invoice to ensure that the financial agent has the funds in place at
the time the payment is due.
I 0.1.3 Ongoing Payments -Starting in 2017. The Regional RMS is expected to
be implemented for all original Parties within approximately two years
after the Niche contract is signed . After the Regional RMS is
implemented for all original Parties, the Manager will , after consultation
with the Parties , reestablish the number of authorized sworn employees for
each Party, and , with the approval of the Board , readjust the percentage of
costs allocated to each Party, if necessary. On that basis , the Manager will
establish the amounts due from each Party for the upcoming year. Then ,
the Manager will invoice each Party the amount or amounts due based on
the readjusted and reallocated figures for Niche support and maintenance
costs , for Infrastructure sustainability costs , and for costs related to the
System Administrator (Manager). To the extent practicable, the Manager
will notify the Parties of these anticipated payment obligations no fewer
than sixty days before the payment is due. Each Party will pay the amount
invoiced to the RMSC no fewer than thirty days after the date of the
invoice to ensure that the financial agent has the funds in place at the time
these payments are due. This readjustment, reallocation , and invoice
process will continue through the Initial and any Renewal Term of this
Agreement.
10.2 Other Fees, Charges, and Assessments. The Parties agree that they while they
have made every reasonable attempt to ensure that all costs necessary to establish ,
operate, and maintain the Regional RMS are set forth in Exhibit "A," the Parties
understand and acknowledge that it is not possible to anticipate every single cost
necessary to establish , operate, and maintain the Regional RMS at the outset of
such a complex project. The Board may assess any other fee , charge, or
assessment that is reasonably related to establishing, operating, or maintaining the
Regional RMS. Should this occur, Parties will be invoiced for the amounts due in
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the same manner as set forth in this section 10.0 with all payments made to the
RMSC through the financial agent.
10.3 Addition or Termination of Parties. Should a Party be added to this Agreement
under subsection 9.6 , or should a Party terminate its participation in or be
terminated from this Agreement under section 12.0 , the Manager will , after
consultation with the Parties then a member of this Agreement, reestablish the
number of authorized sworn employees for each Party, and , with the approval of
the Board , readjust the percentage of costs allocated to each Party and take any
other action necessary to ensure that the amounts charged to each Party after the
date of such addition or termination are in confonnance with this section.
10.4 Payments Nonrefundable. Except as otherwise set forth in subsection 12.4 .1
about the termination of this Agreement, any payment that is made by any Party
to the RMSC is not refundable.
10.5 RMSC Equipment -Ownership and Disposition. Any RMSC Equipment that was
contributed to the RMSC by a Party under subsection 9.2.1 will be returned to that
Party upon termination of this Agreement or sold as surplus by the financial agent
at the option of that Party, with the sale proceeds going to the RMSC. Any
RMSC Equipment that becomes obsolete or that is no longer needed as part of the
Regional RMS or the RMSC will be sold as surplus or otherwise disposed of in
accordance with the financial agent's rules or regulations . Proceeds from sales
conducted under this subsection will be placed in the replacement accounts
established in subsection 6.1.2.2 of this Agreement to help pay for new RMSC
Equipment.
10.6 Party Equipment. Any equipment that is necessary to maintain a Party's
connection to the Regional RMS will be purchased and maintained by that Party.
Such equipment will be and remain the property of the Party that purchased the
equipment.
10.7 Costs ofData Conversion. Each Party is responsible for all costs associated with
converting or transferring its existing Individual Party Records into the Regional
RMS.
10.8 Grant Monies. If appropriate, the financial agent ofthe Consortium may act as
the agent for the Partner Agencies in making application and receiving grant
monies for any costs related to the administration or operation of the Regional
RMS for which federal or state grant monies are available. Any such grant
monies received will be allocated between all Parties proportionally based on the
number of sworn officers each Party has at the time of the receipt of the monies
insofar as applicable laws or grant rules allow , or as otherwise determined by the
Board.
11.0 OTHER TERMS AND CONDITIONS.
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11.1 Best Efforts. Each Party understands that an efficient and effective Regional
RMS is crucial to the successful operation of a criminal justice agency, and
therefore agrees to use its continuing best efforts to maintain and support the
RMSC. The Parties understand that professional and technological advances will
necessitate a certain degree of flexibility by each Party in making procurement
and management decisions.
11.2 Maintenance and Support ofRMSC Equipment. All RMSC Equipment necessary
to provide the functionality set forth herein or as otherwise detennined by the
Board or the RMSC Manager will be maintained in accordance with vendor
specifications and maintenance schedules, or with the specifications maintenance
schedule of any successor vendor selected to provide RMSC Equipment.
11.2.1 Scheduling ofWork on RMSC Equipment. The RMSC Manager and
Agency RMS Administrators will use their best efforts to schedule
maintenance or other necessary support services so as to cause the least
loss of functionality to and productivity of the Parties.
11.3 Location of RMSC Equipment. The primary servers and storage necessary to
support the Regional RMS will be located at Lakewood or as otherwise
detennined by the Board. The disaster recovery site will be located at the
Jefferson County JFON network closet or as otherwise determined by the Board .
The RMSC may, at any time during the Initial or any Renewal term of this
Agreement, place and maintain servers at multiple locations as determined by the
Board.
11.3 .1 Access to the Regional RMS and RMSC Equipment. Parties will remotely
connect and access the Regional RMS with their own unique domain.
Should a Party need physical access to RMSC Equipment at either the
primary or back-up s ite, access will be coordinated with the Manager upon
reasonable notice.
11.4 Non-exclusive License to Use All RMSC Software. Each Party will recei ve the
appropriate RMSC Software licenses from Niche or any successor vendor or
vendors , and each Party will be granted a non-exclusive license to use that
software throughout the Initial and any Renewal Terms of this Agreement. Any
agency or entity that becomes a Party after the effective date of this Agreement
will also be granted a non-exclusive license to use RMSC Software upon
becoming a Party .
11.5 Party Equipment-Conditions of Use. Each Party may utilize its Party Equipment
as part of its individual RMS on the condition that such utilization does not
negatively affect the capacity or impair the functionality of the Regional RMS.
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11.5 .1 Maintenance and Support ofParty RMS Equipment. Each Party is
responsible for maintaining and supporting all of its own indi v idual RMS
equipment and for all costs related to those maintenance and support
services throughout the Initial and any Renewal Terms of this Agreement.
11.6 Connectivity Between each Party's RMS and the Regional RMS. Each Party is
responsible for ensuring and maintaining fiber optic or other high speed
connectivity between its individual RMS and the Regional RMS. Each Party is
responsible for all costs related to ensuring and maintaining connectivity
throughout the Initial and any Renewal Terms of this Agreement.
11.7 Dispute Resolution. Any dispute between the Parties about the interpretation of
this Agreement, or a dispute relating to the day-to-day operations of the Regional
RMS that is not addressed in the RMSC policies and procedures established
pursuant to subsections 6.1.2 and 6.4 .2, will be referred to the Manager and Party
Representatives for initial resolution. The Manager and Party Representatives are
authorized to resol ve any such dispute by consensus. Any Party aggrieved by the
decision of the Manager and Party Representatives may refer the dispute to the
Board for final resolution , subject to judicial review. Each Party agrees to
participate in dispute resolution processes in good faith , using its best efforts to
resolve disputes in ways that are not only acceptable to the Parties involved , but
that serve the public's interest in an effective and efficient Regional RMS.
12.0 TERMINATION; WINDING UP.
12.1 Termination for Non-appropriation. Should any Party fail to appropriate funds
sufficient to meet that Party's obligations for the next fiscal year, this Agreement
will , at the Board 's discretion , automatically terminate as to that Party on the first
day of the fiscal year for which sufficient funds have not been appropriated or
upon the expiration of all appropriated funds. Should this occur, the terminating
Party's Director will give written notice of such termination to the Manager as
soon as is reasonably practicable. The Party that is terminating its participation in
this Agreement will have no further financial obligation under this Agreement as
of the date of the termination except those related to necessary winding-up tasks .
The remaining Parties will have no further obligation to provide any license or
other service to the terminating Party as of the date of termination, except those
related to necessary winding-up tasks. The RMSC will use its best efforts to
ensure that any data or Criminal Justice Records that belong to the Party leaving
the RMSC are timely transferred to that Party's individual RMS at that Party 's
expense.
12.2 Termination by Default. Time is of the essence. If any payment or any other
condition, obligation, or duty is not timely made, tendered, or performed by any
Party, then this Agreement, at the option of a majority of the remaining Parties
who are not in default, may be terminated as to the defaulting Party by the non-
defaulting Parties. The defaulting Party will have no further financial obligation
23
under this Agreement as of the date of the termination except those related to
necessary winding-up tasks . The remaining Parties will have no further
obligation to provide any license or other service to the terminating Party as of the
date of termination , except those related to necessary winding-up tasks. The
RMSC will use its best efforts to ensure that any data or Criminal Justice Records
that belong to the Party leaving the RMSC are timely transferred to that Party's
individual RMS at that Party's expense.
12.3 Tennination by Vote of the Parties. This Agreement may be tenninated by an
affinnative vote of 75 % of all of the Directors on the Board.
12.4 Wind-up ofThis Agreement. In the event oftennination ofthis Agreement by
vote of the Parties , each Party will use its best continuing efforts to wind-up its
obligations pursuant to this Agreement and its involvement in the RMSC in a
timely manner.
12.4.1 Return of Funds and Assets. If, at any time during the Initial or any
Renewal Term, the Parties vote to terminate this Agreement, or if any time
the Parties elect to not renew this Agreement, any funds remaining in any
RMSC accounts established pursuant to subsection 6.1.2.2 of this
Agreement will be distributed to the agencies that are Parties at the time of
termination or non-renewal and according to any formula deemed
appropriate by the Board. The distribution will take place as soon as is
practicable following the termination or non-renewal. All such
distributions will occur only after all debts and obligations of the RMSC
are satisfied. Any non-monetary assets of the RMSC will be distributed
in accordance with subsection 1 0.2.4 . The financial agent at the time of
the tennination or non-renewal will account for these disbursements in the
final annual financial report issued by the financial agent to the Board.
13.0 OTHER MISCELLANE OUS PRO VISI ONS.
13.1 Additional Documents or Action. The Parties agree to take any additional action
and execute any additional documents that are necessary to carry out this
Agreement.
13.2 Amendments. Except as otherwise set forth in this Agreement, this Agreement
may be amended only upon the affirmative vote of75% of all ofthe Directors on
the Board at any meeting at which there is a quorum. As an example, should four
of six Directors attend a Board meeting, a quorum would exist , and a vote of three
of those four members to amend this Agreement will be valid. Any proposed
amendment to this Agreement will be reduced to writing and published to all
Parties before such vote.
24
13.2 .1 Certain Amendments. Certain provisions of this Agreement may be
amended only upon the affirmative vote of 75 % of all of the Directors on
the Board. As an example, should there be six Parties to this Agreement,
any change to these provisions may only be approved by an affirmative
vote of five of the six members. These provisions are:
13.2.1.1
13.2 .1.2
13.2.1.3
Any amendment to the cost allocation formula set forth in
subsection I 0.1 ;
Any amendment to the process for adding new parties as
set forth in subsection 9.6 ; and
Any amendment to the process for termination as set forth
in section 12.0 .
13.2.2 Arvada Amendments. With respect to Arvada, amendments to this
Agreement may be authorized and signed by the City Manager of Arvada.
13.2 .3 Edgewater Amendments . With respect to Edgewater, amendments to this
Agreement may be authorized only by a resolution of the Edgewater City
Council.
13.2.4 Mountain View Amendments. With respect to Mountain View ,
amendments to this Agreement may be authorized only by a resolution of
the Mountain View Town Council.
13.3 Assignment. This Agreement may not be assigned by any Party.
13.4 Captions; Construction and Interpretation . The Table of Contents, section
headings , and other captions contained in this Agreement are for convenience and
reference purposes , are not part of the Agreement ofthe Parties , and will not in
any way affect the meaning or interpretation of this Agreement.
13.5 Counterpart Execution. This Agreement may be executed in several counterparts ,
each of which will be considered an original , and all of which together shall
constitute one and the same instrument. The signature page of any Party to any
counterpart will be deemed a signature to , and may be appended to , any other
counterpart.
13.6 Claims or Suits. The Parties agree that in the event any claim or suit is brought
against any Party by any third party as a result of the operation of this Agreement,
each Party will cooperate with the RMSC , with one another, and with the insuring
entities of all Parties in defending such claim or suit.
13.7 Entire Agreement. This Agreement represents the entire agreement between the
Parties , and there are no oral or collateral agreements or understandings. This
Agreement supersedes any and all prior negotiations , or understandings of the
Parties.
25
13.8 Force Majeure. Any delays in or failure ofperfonnance by any Party of its
obligations under this Agreement shall be excused if such delays or failure are a
result of acts of God , fires , floods , strikes , labor disputes , accidents , regulations or
orders of civil or military authorities , shortages of labor or materials, or other
causes, similar or dissimilar, that are beyond the control of such Party.
13.9 Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Colorado. Venue for any action arising under this Agreement or for the
enforcement of this Agreement will be in the approp1iate court for Jefferson
County, Colorado.
13.10 Governmental Immunity.
13.10.1 lntentional acts or omissions. Each Party will be responsible for its own
negligent or intentional acts or omissions, and for those of its Director,
employees, officers , agents , and volunteers .
13 .10.2 Not a waiver. The Parties intend that nothing herein will be deemed or
construed as a waiver by any Party of any rights , limitations, immunities,
or protections afforded to them under any federal , state, or local
constitutional , statutory, or common law including, but not limited to , the
Colorado Governmental Immunity Act (C.R .S. §§24-1 0-101 through 120),
as that Act may from time to time be amended.
13.11 Independent Agencies. The Parties enter this Agreement as separate, independent
government agencies and maintain that status throughout.
13.12 Insurance. Each Party agrees to maintain during the Initial and any Renewal
Tenn of this Agreement general liability insurance, automobile liability insurance,
cyber liability, crime insurance or fidelity bond , and workers' compensation
insurance on its own employees.
13.12 .1 Insurance for RMSC Equipment. Any Party that houses any RMSC
Equipment within its jurisdiction must insure that Equipment against risk
of physical loss and general liability during the Initial and any Renewal
Term of this Agreement so long as that Equipment is in that jurisdiction.
The costs of this insurance may be shared among all Parties as detennined
by the Board . It is specifically understood and agreed that RMCS retains
the right to purchase property insurance covering owned equipment at any
point during the term of this agreement.
13.12.2 Evidence oflnsurance. Upon execution ofthis Agreement, each Party
will provide evidence of its insurance coverage to the other Parties. The
Parties will ensure that certificates of insurance are issued automatically
26
on the anniversary of the Effective Date of this Agreement throughout the
Initial and any Renewal Terms.
13 .12 .3 RMSC Insurance. The RMSC will secure insurance coverage to protect
itself, as a separate legal entity, against loss, cost, damage and expense in
forms and amounts approved by the Board, with minimum forms and
limits as set forth in subsections 13.12.4 and 13.12.5.
13.12.4 No RMSC Employees. Ifthere are no employees ofRMSC, the
insurance coverage will include:
13.12.4.1
13.12.4.2
13.12.4.3
13.1 2 .4.4
General Liability Insurance in an amount not less than
$1 ,000,000.00, with an annual aggregate limit of not less
than $2 ,000,000.00 ;
Public Officials/Directors & Officers Liability insurance,
including coverage for employment liability, in an amount
not less than $1 ,000,000.00; and
Cyber/Network Privacy Liability insurance in an amount
not less than $500,000.
Notwithstanding any of the monetary limitations set forth
in this subsection, the RMSC will , at all times during the
initial or any renewal term of this Agreement , maintain
insurance sufficient to meet the maximum statutorily
mandated amounts set forth in the Colorado Governmental
Immunity Act , as that Act may be from time to time
amended.
13 .12. 5 RMSC Employees. Upon hiring the first employee, additional insurance
will include:
13.12.5.1
13.12.5.2
13.1 2 .5.3
Workers Compensation Insurance for all employees based
on statutory limits prescribed by and for the State of
Colorado , including Employers Liability of at least
$300,000.00; and
Crime insurance or fidelity bond in forms and amounts
customarily covered for the number of employees at any
point in time.
Notwithstanding any of the monetary limitations set forth
in this subsection , the RMSC will , at all times during the
initial or any renewal term of this Agreement, maintain
insurance sufficient to meet the maximum statutorily
27
mandated amounts set forth in the Colorado Governmental
Immunity Act, as that Act may be from time to time
amended .
13 .13 Necessary Personnel, Equipment, and Facilities. Each Party will maintain that
level of personnel , equipment, and facilities necessary to meet its obligations
under this Agreement. Nothing in this Agreement requires any Party to fund the
activities of any other Party. Employees and volunteers of each Party remain the
employees and volunteers of that Party .
13.14 No Third-Party Beneficiaries. Nothing in this Agreement will be deemed to
create any third-party benefits or beneficiaries or create a right or cause of action
for the enforcement of this Agreement's terms in any entity or person not a Party
to this Agreement, including any Directors, employees, officers, agents , or
volunteers of any party or any entity with whom the RMSC contracts.
13.15 Non-appropriation. Financial obligations of the Parties, if any, after the current
year, are contingent on funds for that purpose being appropriated , budgeted , and
otherwise made available by the governing body of either Party. The Parties '
obligations under the Agreement shall be from year to year only and s hall not
constitute a multiple-fiscal year direct or indirect debt or other financial obligation
of the Parties within the meaning of Article X, Section 20 of the Colorado
Constitution.
13.16 Notices . An y notice required or pem1itted by this Agreement will be in writing
and will be given by certified mail or registered mail , postage and fees prepaid , to
the Manager at the RMSC address as set forth above, or at such other address as
has been previously furnished to the Parties. Such notice will be deemed to have
been given when deposited in the United States mail.
13.17 Severability. If any provision of this Agreement is held invalid or unenforceable
as to any Party or person by a court of competent jurisdiction, no other provision
will be affected by such holding, and all of the remaining pro v isions of thi s
Agreement will continue in full force and effect.
13.18 Waiver of Breach. A Party's waiver of another Party's breach of any term or
provision of this Agreement will not operate or be construed as a waiver of any
subsequent breach by any Party.
28
CITY OF ARVADA
Marc Williams, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM
Christopher K. Daly, City Attorney
29
ATTEST:
Beth A. Hedberg, MMC
City Clerk
CITY OF EDGEWATER
Bonnie McNulty,
Mayor
APPROVED AS TO FORM
Thad W. Renaud , City Attomey
30
ATTEST:
Susan Brooks, MMC
City Clerk
CITY OF GOLDEN
Marjorie Sloan,
Mayor
APPROVED AS TO FORM
David S. Williamson, City Attorney
31
By: -------------------------Margy Greer, City Clerk
APPROVED AS TO CONTENT:
By: -------------------------
Chief of Police
CITY OF LAKEWOOD
By: ______________________ _
Kathleen E. Hodgson , City Manager
APPROVED AS TO FORM:
By: ______________________ _
City Attorney
32
ATTEST:
City Clerk
CITY OF WHEAT RIDGE
Joyce Jay,
Mayor
APPROVED AS TO FORM
Gerald Dahl , City Attorney
33
TOWN OF MO UNTAIN VIEW
JeffKiddie, Mayor
ATTEST:
Linda S. Jackson , Town Clerk
APPROVED AS TO FORM
Kendra L. Carberry, Town Attorney
34
Jefferson County Regionalized Public Safety
and Technology Consortium
Law Enforcement Records Management System Project
Cost Allocation
The license cost for Niche is based on authorized sworn staff. This methodology will be
used for all cost allocat ions for the project. Below is the latest authorized level that is
used to calculate the percentage for each agency . This will be the final estimate prior to
the completion of the contract unless the number of sworn changes .
Niche Methodology:
• Licenses 579 x 1400 = $810,600
• Training = $26,800
• Total = $837,400
• 10% in 2014 at Contract signing
• 35% in 2015 based on milestones being met
• 55% in 2016 based on milestones being met
• 20% in 2017 ongoing maintenance costs begin based on the total cost of
the licenses
Agency Authorized Sworn Percentage
Arvada 167 29%
Edgewater 17 3%
Golden 46 8%
Lakewood * 265 46%
Mountain View 12 2%
Wheat Ridge 72 12%
Total 579 100%
*The Lakewood Police Department sworn number includes 6 sworn positions from the
Lakewood Municipal Court Marshal 's Office .
These percentages will remain at this level until the project is completed (end of 2016/
beginning of 2017). At that time , the authorized strength can be readjusted to reflect the
current level.
Funding Administration
The City of Lakewood will act as the fiscal agent for the consort ium and be responsible
for the following :
• Contract with Niche and payment of vendor invoices .
• Invoicing consortium agencies for their portion of the funding requirements .
• Paying for the RMS System Administrator.
• Payment of hardware invo ices .
Attachment 3
Niche Funding
The Niche funding is for 579 licenses & training and is payable in milestone payments
through 2016 .
Resource Funding
There is a need for the consortium to fund the hiring of a dedicated RMS System
Administrator to assist with system configuration , write/modify reports , create interfaces,
create data extracts, assist with data conversion and perform general system
administrator duties. This funding would begin in 2015 going forward .
Hardware Funding: Lakewood will be the live site and the Jefferson County
Data Center will be the back-up and potential disaster recovery site.
There is a need for the consortium to fund the initial purchase of hardware (servers,
storage , and switches) as well as fund sustainability on a 5 year replacement schedule .
The best case infrastructure would be to have dual , redundant high availability sites by
the time all 6 agencies are live . However, the initial infrastructure will have Lakewood as
the live site with a back-up site located at the Jefferson County Data Center wh ich would
also act as a potential disaster recovery site . The hardware implementation w ill be done
in two phases :
• Live site hosted at Lakewood and the back-up site at the Jefferson County Data
Center; implement in 2015.
• When funding is available , expand to dual , redundant , high availability sites .
(This would cost an estimated additional $150 ,000 initially and increasing the
replacement cost up to an estimated $520 ,500)
2014 Funding Requirement
This is an initial funding milestone for Niche contract sign i ng .*
Agency/Percentage Niche Milestone Payment Total $83,740
Arvada -29% $24 ,285 $24 ,285
Edgewater-3% $2 ,512 $2 ,512
Golden-8% $6 ,699 $6,699
Lakewood-46% $38 ,520 $38,520
Mountain View-2% $1 ,675 $1 ,675
Wheat Ridge -12% $10 ,049 $10 ,049
Total $83,740 $83,740
*This funding may carryover to 2015 depending on when the contract is signed .
2015 Funding Requirement
2
This is for Niche license milestone payments , training , infrastructure and system
administrator. Implement Golden & Edgewate r, prepare for other agencies .
Agency Percentage Niche Infrastructure System Total
Milestone Live & Administrator
Payments Backup Site $150,000
$293,090 $370,500
Arvada-29% $84 ,996 $107,445 $43 ,500 $235 ,941
Edgewater-3% $8 ,793 $11 ,115 $4 ,500 $24,408
Golden-8% $23,447 $29 ,640 $12 ,000 $65 ,087
Lakewood-46% $134 ,821 $170,430 $69 ,000 $374 ,251
Mountain View-2% $5 ,862 $7,410 $3 ,000 $16 ,272
Wheat Ridge -12% $35 ,171 $44,460 $18 ,000 $97 ,631
Total $293,090 $370,500 $150,000 $813,590
2016 Funding Requirement
This is for remaining Niche license milestone payments , implementation for remaining
. . " f t t t d t d • • t agenc1es , ongo1ng m ras rue ure cos s, an sys em a m1ms rater .
Agency Percentage Niche Infrastructure System Total
Milestone Maintenance Administrator
Payments $86,100 $150,000
$460,570
Arvada-29% $133 ,565 $24 ,969 $43 ,500 $202 ,034
Edgewater-3% $13 ,817 $2 ,583 $4 ,500 $20 ,900
Golden-8% $36 ,846 $6 ,888 $12 ,000 $55 ,7 34
Lakewood-46% $211 ,862 $39 ,606 $69 ,000 $320,468
Mountain View-2% $9 ,211 $1 ,722 $3 ,000 $13 ,933
Wheat Ridge -12% $55 ,269 $10 ,332 $18 ,000 $83 ,601
Total $460,570 $86,100 $150,000 $696,670
Ongoing Funding Requirement (starting in 2017)
This is for Niche Support & Maintenance , hardware replacement , ongoing infrastructure
costs , an d d .. system a m1mstrator .
Agency Percentage Niche Infrastructure System Total
Support & sustainability Administrator
Maintenance $456,600/4yrs $150,000
$162 ,120 = $114,150
Arvada-29% $47 ,015 $33 ,103 $43 ,500 $123 ,618
Edgewater-3% $4 ,864 $3,425 $4 ,500 $12 ,789
Golden-8% $12 ,970 $9 ,132 $12 ,000 $34 ,102
Lakewood-46% $74 ,575 $52 ,509 $69 ,000 $196 ,084
Mountain View-2% $3 ,242 $2 ,283 $3 ,000 $8 ,525
Wheat Ridge -12% $19,454 $13 ,698 $18 ,000 $51 ,152
Total $162,120 $114,150 $150,000 $426,270
Note: Each agency will need to budget for their specific human resource needs .
3
StaffReport: Regional Records Management System
December 15 ,2014
Page2
concept of technological advancement, and continue in the current mode, which is merely a
passing nod to technology while actually accomplishing the work through the use of pen,
paper, and staff hours." The department recognized that moving to a new CAD/RMS System
was not financially feasible , nor was resorting to the use of pen and paper. A designated
department team worked with City VT staff and representatives from Logisys , on addressing the
issues identified with the Logisys CAD/RMS System. A considerable amount of training was
conducted with department members to more fully utilize this system . Staff recognized that a
new CAD/RMS System would need to be considered at some point. These options are not
inexpensive, and required a plan to build a reserve to pay or assist in paying for this eventuality.
This message was communicated to the Citizen Budget Oversight Committee, the City Manager
and to previous City Councils , leading to the creation of the Capital Equipment Fund.
The Police Department has sought out opportunities to regionalize Jaw enforcement services
since 2005. These efforts included regionalizing crime scene forensic services , an 800 MHz
radio backbone infrastructure agreement with West Metro Fire , a regionalized SWAT Team , and
regionalized forensic crime laboratory services. Current efforts include regionalization of
Records Management Systems and a regionalized Communications Center.
FINANCIAL IMPACT
As noted , the financial impact of purchasing a new Records Management System , Computer-
Aided Dispatch and Field Reporting Systems , would be over one million dollars or higher,
depending on the quality of the systems. Besides the hard dollar costs for software and
hardware , the soft costs , including personnel to manage and implement the project, would be
significant. Currently, the annual software maintenance fee for the Logisys product is $88 ,847
per year, with an expected increase of 3% yearly , and one member of the City I/T staff assigned
to maintain CAD and RMS.
Under the regional Records Management System proposal , the Wheat Ridge Police Department
accounts for 13 % of the swom membership ofthis Consortium. Since the implementation of the
chosen Niche product will be a phased approach , the payment schedule for Wheat Ridge to
participate in thi s regionalized effort consists of milestone payments , training, hardware, and
System Administrator costs. These costs are broken down as follows:
2014 -$10 ,479
2015 -$86 ,555
2016 -$97 ,287
2017 -$52 ,645
The total cost to the City of Wheat Ridge to participate in this Consortium through 2017 is
approximately $246 ,966. On-going maintenance costs would be $52 ,645 annually for Niche
support and maintenance, hardware sustainability, and a System Administrator.
The department will continue to maintain the Logisys system through the full implementation of
this project. The Colorado Municipal Records Retention Schedule requires the department
maintain criminal justice records for a period of time, depending on the type of record. We
believe the costs of converting this data are prohibitive. Additional research is being done to
explore how other Jaw enforcement agencies have addressed the issue of records retention.
StaffReport: Regional Records Management System
December 15 ,2014
Page 3
BACKGROUND
Beginning in 2008 , the Police Chiefs from Arvada , Golden , Lakewood , Wheat Ridge and the
Jefferson County Sheriff met to discuss our agencies' commitment to examining public safety
services that could be consolidated or regionalized . These discussions focused on efforts that
would enhance services to our citizens , broaden expertise within the profession , provide cost
effective delivery of Jaw enforcement services and consistency in delivering these services
throughout Jefferson County. One of the areas identified for consideration was a regionalized
Records Management System . Representatives from these agencies began to work on this
project, and were later joined by the Edgewater and Mountain View Police Departments. Each
participating agency had a need to replace or upgrade their current RMS System , as either an
immediate or short-term need.
The Jefferson County Regionalized Public Safety and Technology Consortium was formed to
identify the most technologically reliable, effective and efficient Records Management System
for the law enforcement agencies of the Jefferson County region. The need for good record-
keeping and information sharing practices has taken on added significance in today 's
environment. The benefits of this approach include the potential for cost savings , data-sharing
between participating agencies , sharing of information technology resources and improved
efficiencies between law enforcement agencies and the District Attorney's Office.
Beginning in 2012 , this group collaborated on the development of a Request for Information
(RFI). The RFI was sent out in 2013 , and interested vendors were identified.· After on-site
demonstrations, three finalists were selected. A regional team , consisting of members from the
involved law enforcement agencies , including Records Managers and JJT staff, and conducted
actual on-site visits with Jaw enforcement agencies currently utilizing the selected Records
Management Systems.
The team scored each of the finalists , based upon identified criteria, and selected Niche
unanimously, as the preferred Records Management System. Niche's pricing structure was very
straight forward , and is based on the agency's number of authorized sworn staff. Niche requires
a minimum of 500 sworn officers for their system. Additionally, Niche was familiar with
working with large regionalized systems throughout the English speaking world , and the
company has an excellent reputation for customer service . Niche was compatible with current
internet Web-based technology standards , which enhance information sharing between agencies
and giving agencies the opportunity to use a new generation of devices.
A regionalized approach presents a significant cost savings for each participating agency in
sharing the costs for software, hardware and System Administrator costs. A System
Administrator would report to the Jefferson County Regionalized Public Safety and Technology
Consortium (JCRPSTC), and would be responsible for managing, administering and supporting
the system at the enterprise level. Each agency would share the costs for infrastructure
development, the Records Management System , and annual maintenance costs. In addition , the
City of Arvada's IJT staff has taken the lead with the implementation of this system and on-going
maintenance. The Consortium will share the purchase of hardware (servers , storage , switches),
as well as creating a Sustainability Fund to provide for a five-year replacement schedule. This
system also includes a Field Reporting module.
StaffReport: Regional Records Management System
December 15 ,2014
Page4
Since this project began, the Jefferson County Sheriffs Office has withdrawn from the project ,
citing the need for a proven Jail Management module, which Niche does not provide . This
increases the costs slightly, mostly for infrastructure ; however, the total costs are significantly
below what it would cost the department to purchase a standalone system . Project costs have
been identified for 2014 and beyond.
The current plan calls for Golden and Edgewater to migrate to the new Records Management
System in 2015 . Arvada and Lakewood will migrate in 2016 , and Wheat Ridge in 2017.
Mountain View just joined the Consortium and I do not have an updated timetable for this
agency to migrate . An Intergovernmental Agreement has been written to create a Regional
Criminal Justice Records Management System. The proposed IGA has been reviewed by each
agency's attorneys , and is ready to be brought to City Council in early 2015 .
REC OMMENDATI ON
The Police Department is recommending that the City participate in this effort to regionalize
criminal justice Records Management Systems . A regional law enforcement Records
Management System is not new , and there are numerous examples regionally and nationally of
successfu l endeavors in this area. The costs for 2014 and 2015 have been budgeted.
The benefits to our communities include taking advantage of significant financial cost savings
inherent in shared services ; an anticipated reduction in personnel resources to manage an in-
house Records Management System by City 1 /T staff; a standardi z ation of workflow processes
across Jefferson County that will support crime analysis and better identification of crime trends ;
and continuity of criminal justice records management services between law enforcement and the
District Attorney 's Office. At a minimum , this regionalized approach will save the City a
significant amount of taxpayer dollars compared to purchasing a standalone system .
The Police Department will be bringing a proposal forward for City Council 's review for a
consolidated 911 Communications Center in the near future , which will address several
challenges , including the need for a new CAD system .
DB /ck
,.~·~
.. ~ r-City of • ypr wneat:R.i_dge
ITEM NO:~
DATE: February 23 ,2015
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 14-2015 -A RESOLUTION IN SUPPORT
OF SENATE BILL 15-177 TO FIX BARRIERS TO
ATTAINABLE AND AFFORDABLE HOUSING
D PUBLIC HEARING
D BIDS /MOTIONS
rgj RESOLUTIONS
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 ° READING
rgj NO
Colorado's economy is dependent on a strong housing market that includes diverse and
attainable options. Despite strong demand , communities across Colorado , including Wheat
Ridge , face a growing shortage of owner-occupied multifamily housing. First-time homebuyers
have significantly fewer viable options , forcing them into the rental market. Senate Bill 15-177
will facilitate the construction of more affordable housing while protecting the rights of
homeowners.
PRIOR ACTION:
None
FINANCIAL IMPACT:
No direct impact at this time.
BACKGROUND:
Today, condos represent just 3.1% of housing starts statewide. First-time homebuyers have
significantly fewer viable options, forcing them into the skyrocketing rental market. This is due
in part to concerns among builders about the growing number of lawsuits over construction
issues. Senate Bill 15-177 will facilitate the construction of more affordable housing while
protecting the rights of homeowners by allowing for the construction of more diverse and
V:\Forms\CAF templ ate
Support Senate Bill 15-1 77
February 23, 22 015
Page2
affordable housing options in Colorado communities ; encouraging new developments near light
rail and transit stations ; and fostering conditions that wi ll encourage builders to construct more
affordab le housing.
RE COMMEN DATIONS :
Staff recommends Council support Senate Bill 15 -177.
RE CO MMEN DED MOTIO N:
"I move to approve Resolution No. 14-2015 , a resolution in Council support of Senate Bill 15-
177 to fix barriers to attainable and affordable housing ."
Or,
"I move postpone indefinitely Resolution No. 14-2015 , a resolution in support of Senate Bill15-
177 to fix barriers to attainable and affordable housing for the following reason(s) ___ _
"
RE PORT PR EPARE D BY;
Patrick Goff, City Manager
ATTACHMENTS:
1. ResolutionNo.l4-2015
2. Homeownership Opportunity Alliance Fact Sheet
3. CML Position Paper
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION 14
SERIES 2015
A RESOLUTION IN SUPPORT OF SENATE BILL 15-177 TO FIX
BARRIERS TO ATTAINABLE AND AFFORDABLE HOUSING
WHEREAS, Colorado 's economy is dependent on a strong housing market that
includes diverse and attainable options ; and
WHEREAS, despite strong demand , communities across Colorado face a growing
shortage of one of the most critical options -owner-occupied , multi-family housing ; and
WHEREAS , condo and townhome construction has effectively ground to a halt due
in part to concerns among builders about the growing number of lawsuits over
construction issues ; and
WHEREAS, Senate Bill 15-177 will facilitate the construction of more affordable
housing while protecting the rights of homeowners.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council , that:
Section l. The Mayor and Wheat Ridge City Council urge the Colorado
Legislature to pass Senate Bill 15-177 that 14
DONE AND RESOLVED this 23rd dayofFebruary, 2015.
Joyce Jay, Mayor
ATTEST :
Janelle Shaver, City Clerk
Attachment 1
~~~
I I
HOMEOWNEASHIP
OPPORTUNITY
ALLIANCE
SUPPORT SENATE BILL 177-Fix Barriers
to Attainable and Affordable Homeownership
Bipartisan Legislation Seeks to Increase Transparency and Ensure Timely Repairs
Colorado's economy is dependent on a strong housing market that includes diverse and attainable
options. Despite strong demand, communities across Colorado face a growing shortage of one of
the most critical options-owner-occupied, multi-family housing.
Condo and townhome construction has effectively ground to a halt due in part to concerns
among builders about the growing number of lawsuits over construction issues.
Today, condos represent just 3.1 percent of new housing starts, compared to nearly 23 percent
in 2007. Because of this, would-be first-time homebuyers have significantly fewer options and are
increasingly being forced into the skyrocketing rental market. The lack of owner-occupied, multi-
family options also leaves behind seniors who are looking to downsize from single-family homes.
Senate 8111177-Sponsored by Sens. Scheffel and Ulibarri and Reps. DelGrosso and Singer
Senate 8111177 ensures that construction issues within a condo or townhome community are
addressed quickly and fairly for individual homeowners, while at the same time respecting each
member of the condo community.
Senate 8111177 would stop the current practice that allows a small number of owners-often a
simple majority of a homeowners association board-within a condo project to enter into legal
action without the knowledge or authorization of the majority of the homeowners. Because of
this, owners have attempted to sell or refinance their homes and been told, to their surprise, that
they cannot because pending legal action places a cloud on the title and stops financing.
Senate 8111177 specifically would establish:
• Alternative dispute resolution-mediation or arbitration-as the preferred pathway for
resolution of construction issues, instead of filing a lawsuit.
• Majority vote of all association homeowners before legal action can go forward, putting
an end to a handful of owners or the association board deciding to proceed with costly and
time-consuming litigation that impacts all owners within a community.
(over)
Contact Jeff Thormodsgaard at 303-653-5563 or Jenn Penn at 720-937-2148 for additional information.
homeownersopportunlty .org facebook.com/Housing4CO
Attachment 2
@Housing4CO
• Disclosures to all homeowners providing detailed information on:
o Nature and scope of the proposed litigation-and the relief sought,
o Estimated costs to the association, including any special assessments on members
or use of the association 's reserve funds,
o Expected impact on values of units included in the legal action, and
o Expected impact on values of units not included in the legal action-including the
effects on refinancing and prospective buyers gaining mortgage financing.
Alternative Dispute Resolution
Going to court is not the only route to resolve disputes. Alternative Dispute Resolution (ADR) is a
legally enforceable, effective, less costly and less time consuming method of resolving disputes
that has a record of success. This can include both mediation and binding arbitration, which is
presided over by a neutral third-party.
Consistent with Colorado 's current law, many condo and townhome declarations require that
disputes related to construction repairs be submitted to ADR. Yet, many homeowners
associations have removed the requirement for resolving disputes using ADR from their
governing documents and then apply that change retroactively against anyone who is
responsible for construction.
These associations are choosing a path that makes going to court the only option, despite the fact
that it takes more time and is more costly. Senate 8111177 states that if ADR was required by the
association's governing documents when the alleged construction issue occurred, then the
dispute should still be resolved using that process instead of filing a lawsuit.
Homeownership Opportunity Alliance Coalition
American Council of Engineering Companies of Colorado
American Institute of Architects-Colorado Chapter
American Subcontractors Association
Apartment Association of Metro Denver
Assoc iated Builders and Contractors, Rocky Mountain
Associated General Contractors
Building Jobs 4 Colorado
Colorado Apartment Association
Colorado Association of Commerce and Industry
Colorado Association of Home Builders
Colorado Association of Mechanical and Plumb ing Contractors
Colorado Assoc iation of Plumbing-Heating-Cooling Contractors
Colorado Association of REALTORS •
Colorado Bankers Association
Colorado BUILDS
Colorado Business Roundtable
Colorado Civil Just ice League
Colorado Competitive Counc il
Colorado Concern
Colorado Contractors Association
Colorado Mortgage Lenders Association
Colorado Municipal League
Colorado Springs Business Alliance
Denver Metro Chamber of Commerce
Denver South Economic Development Partnership
Douglas County Business Alliance
Douglas County Commissioners
Downtown Denver Partnership
Econom ic Development Counc il of Colorado
Habitat for Human ity
Hispanic Chamber of Commerce of Metro Denver
Hispanic Contractors of Colorado
Home Builders Association of Metro Denver
Hope Communities
Housing and Build ing Association of Colorado Springs
Housing Colorado
Independent Bankers of Colorado
Independent Electrical Contractors
Mechanical Contractors Association of Colorado
Mechanical Service Contractors of Colorado
Metro Denver Economic Development Corporation
Metro Mayors Caucus
NAIOP Colorado
National Electrical Contractors
NFIB-Colorado
Sheet Metal and Air Conditioning Contractors
Transit Alliance
Urban Land Conservancy
SB 15-177 ~~£~kJII
Th • Vo ice of Color«Jo•s Cltf•s •nd To wns
BUILDING A STRONG PARTNERSHIP WITH COLORADO'S CITIES AND TOWNS
AFFORDABLE HOUSING
FIX BARRIERS TO ATTAINABLE AND
AFFORDABLE HOMEOWNERSHIP
SB 15-177 -YOUR "YES" VOTE RESPECTFULLY REQUESTED
Providing quality, affordable , and diverse housing options for our citizens is high priority for local
municipalities . Across the state , there is a huge need for more housing as condo and townhome
construction has effectively ground to a halt. This is due in part to concerns among builders about
the growing number of lawsuits over construction issues . SB 15-77 will facilitate the construction
of more affordable housing while protecting the rights of homeowners . Please pass this
important legislation.
SB 15-177 protects homeowners while enhancing affordability and reducing litigation:
• Establishes alternative dispute resolution -mediation or arbitration -as the preferred
pathway for resolution of construction issues , instead of filing a lawsuit.
• Requires a majority vote of all association homeowners before legal action can go
forward , putting an end to a handful of owners or the association board deciding to proceed
with costly and time-consuming litigation that impacts all owners within a community.
• Promotes proper notification to all homeowners of:
• Nature and scope of the proposed litigation -and the relief sought ,
• Estimated costs to the association , including any special assessments on members or
use of the association 's reserve funds ,
• Expected impact on values of units included in the legal action , and
• Expected impact on values of units not included in the legal action -including the
effects on refinancing and prospective buyers gaining mortgage financing .
Colorado's local communities need the state legislature to take action that:
• Allows for the construction of more diverse and affordable housing options, closer
to downtown and work, so that young workers can own rather than rent and seniors can
make housing choices ;
• Encourages new developments near light rail and transit stations that provide
easy access to commuting , shopping and urban-living options , and promote density and
sustainable housing options that consumers want but cannot access currently ; and
• Fosters conditions that will encourage builders to construct more affordable
housing and thereby provide increased homeownership opportunities .
February 11 , 2015
For more information, conta ct Meghan Dollar, Legislative and Policy Advocate, at (303) 831 -6411 or mdollar@cml.org
Attachment 3
Council Action Fonn
February 23 ,2015
REPORT PREPARED BY:
Kelly K. Stevens, Deputy City C lerk
Janelle Shaver, City Clerk
Patrick Goff, City Manager
ATTACHMENTS:
I. Appointments by Position and D istrict
2. Applicant Spreadsheet
Page 2
2015 BOARD AND COMMISSION APPOINTMENTS BY DISTRICT
DISTRICT I
I move to appoint
__________ to the Board of Adjustment, term ending 3/2/18
---------'--_to the Parks & Recreation Commission, term ending 3/2/18
__________ to the Cultural Commission, term ending 3/2/18
__________ to the Planning Commission, term ending 3/2/18
__________ to the Liquor Authority Board, term ending 3/2/18
DISTRICT II
I move to appoint
__________ to the Cultural Commission, term ending 3/2/18
__________ to the Parks & Recreation Commission, term ending 3/2/18
__________ to the Liquor Authority Board, term ending 3/2/18
DISTRICT Ill
I move to appoint
__________ to the Cultural Commission, term ending 3/2/18
__________ to the Board of Adjustment, term ending 3/2/2018
__________ to the Building Code Advisory Board, term ending 3/2/2018
__________ to the Planning Commission , term ending 3/2/18
__________ to the Liquor Authority Board , term ending 3/2/18
__________ to the Parks & Recreation Commission, term ending 3/2/18
Attachment 1
DISTRICT IV
I move to appo int:
__________ to the Cultural Comm iss ion , term ending 3/2/17
__________ to t he Cul t ural Commission , term ending 3/2/18
__________ to the Liquor Authority Board , term ending 3/2/16
__________ to the Liquor Authority Board , term end ing 3/2/18
__________ to the Plann ing Commiss ion , term ending 3/2/18
__________ to the Building Code Advisory Board , term ending 3/2/2018
__________ to the Board of Adjustment , term ending 3/2/2018
MAYORAL
__________ to the Hous ing Authority , term end ing 3/2/2018
AT-LARGE
I move to appo int:
__________ as t he Jeffco Library Lia ison , term ending 3/2/2018
__________ to the Cultural Comm iss ion , term ending 3/2/2018
,.
::
Dt n :::r
3 ..
:I ...
N
Term
Ending
3/2/2018
3/2/2018
3/2/2018
3/2/2018
3/2/2018
3/2/2018
3/2/2018
3/2/2018
3/2/2018
3/2/2018
3/2/2018
3/2/2018
3/2/2018
3/2/2018
3/2/2018
3/2/2018
3/2/2018
3/2/2018
3/2/2018
Term
Ending
3/2/2018
RENEWALS
BOARD DISTRICT
Cultural Commission AL
Cultural Commission I
Liquor Licensing Authority I
Parks & Recreation Commission I
Planning Commission I
Cultural Commission II
Liquor Licensing Authority II
Parks & Recreation Commissior II
Board of Adjustment Ill
Building Code Advisory Board Ill
Cultural Commission Ill
Liquor Licensing Authority Ill
Parks & Recreation Commissior Ill
Planning Commission Ill
Board of Adjustment IV
Building Code Advisory Board IV
Cultural Commission IV
Liquor Licensing Authority IV
MAYORAL
Housing Authority IV
VACANCIES
BOARD DISTRICT
Jeffco Library Liason AL
Reap-Other Applicants/
Current Member Address Zip plied Applicants Notes
Gay Porter DeNileon 7140 W. 33rd Avenue 80033 Yes
Ronald Gehauf 2890 Newland Street 80214 Yes
Carolyn Peterson 7235 W. 26th Avenue 80033 Yes
Dirk Boden
David B.
Judy Hutchinson 3310 Kendall Street 80033 No Feiertag
Anne Brinkman 7420 W. 34th Avenue 80033 No Dirk Boden
Jill Shannon 4525 Carr Street 80033 Yes Kristine Disney
Bruce Mcintyre
Elizabeth A.
Kent Davis 8080 Melrose Drive 80033 No Nazarenus
Charles Spielman 4040 Jay Street 80033 Yes
Janet Bell 10095 W 34th Avenue 80033 Yes
Ronald Abo 45 Hillside Drive 80215 Yes
Michaellllo 11302 W. 38th Avenue 80033 Yes
Paul Shaver 8890 W. 35th Avenue 80033 Yes
Guy Nahmiach 3650 Ward Road 80033 Yes
Amanda Weaver 11100 W 38th Avenue 80033 Yes j
She lives in
D1, but has I
represented
Sally Banghart 2909 Depew Street 80214 Yes D4
John Kellow 4740 Parfet Street 80033 Yes
Sandra Hagevik 4090 Estes Street 80033 Yes
Claudia Worth 4650 Oak Street 80033 Yes
Janice Thompson 12290 W. 42nd Avenue 80033 Yes
3/2/2018 Board of Adjustment I
3/2/2017 Cultural Commission IV
3/2/2016 Liquor Licensing Authority IV
3/2/2018 Planning Commission IV Pam Olson
Contents
Jefferson County Regiona/911 Single Center with
Specialized Dispatch Option
Introduction .................................................................................................................................................. 2
Governance ............................................................................................................................................... 2
Technology ................................................................................................................................................ 4
Overview ............................................................................................................................................... 5
ISS I Implementation .............................................................................................................................. 6
LMCO UCP Implementation .................................................................................................................. 8
Comparison of ISSI and the LMCO UCP ............................................................................................... 10
Other Technology Elements ................................................................................................................ 10
Detail of Options and Assumptions ........................................................................................................ 10
Single Center with Specialized Dispatch ................................................................................................. 13
Financial .............................................................................................................................................. 14
Operations .......................................................................................................................................... 16
Personnel ............................................................................................................................................ 19
Security and Disaster Recovery ........................................................................................................... 25
Facilities and Infrastructure ................................................................................................................ 25
Transition ............................................................................................................................................ 26
Transition Alternatives ........................................................................................................................ 32
Funding ................................................................................................................................................... 33
Adding Additional Agencies .................................................................................................................... 35
£ Revolution Advisors LLC Page 11
Introduction
Jefferson County Regiona/911 Single Center with
Specialized Dispatch Option
In April of 2014, Revolution Adv isors was engaged to conduct a study of options for regionalization
across Jefferson County 911 services. Jefferson County has a population of 545,358 as of the 2012
Census and covers an area of roughly 774 square miles. Eight agencies from the County are participating
in the study including both Law Enforcement and Fire I Rescue agencies. In April and May, Revolution
Advisors gathered data from all of the agencies involved as well as the Jefferson County Emergency
Communications Authority (JCECA) and conducted extensive interviews with personnel from these
agencies. In June of 2014, a Preliminary Feasibility Study was presented to the Authority Board and
Participating Agencies to outline initial options to be considered for 911 Regionalization Approaches.
Based on a number of individual and group stakeholder feedback sessions, the options were narrowed
to the ones contained in the Final Feasibility Study.
Through review meetings with the Chiefs of each agency, it was determined that Single Center with
Specialized Dispatch approach was the one to be pursued . This document summarizes that options and
its associated implementation approach. PLEASE NOTE: This document contains information that has
been updated since the Final Feasibility Study.
Governance
In our discussions with leadership across the agencies, there was a strong consensus as to how
governance of any regionalized solution should work. Jefferson County is fortunate to have a number of
regionalized solutions already in place such as SWAT, the Crime Lab, the Drug Task Force and others,
and this has created a foundation of fundamental trust across the agencies. The preferred governance
solution could be summarized as a separate authority with its own board that uses the "One Agency,
One Vote" approach. Each agency would have equal say in governance regardless of their size; in order
to ensure that everyone can get their particular needs met. However, some concerns were expressed
with ensuring adequate representation of the fire agencies, for example, given their smaller number on
the initial board . Consequently, the Inter-Governmental Agreement (IGA) that governs this board will
have stipulations in it to ensure that certain board actions require a super-majority vote to enact. The
most prominent example from the discussions to date would be changing of the structure of the
dispatching function. That issue and others of significant concern will need to be reflected in the IGA to
ensure that all stakeholders are appropriately represented . This follows what we have seen to be best
practice and was also confirmed as a preferred approach based on our benchmarking analysis. Other
governance models were in place in some of the benchmark agencies, but they tended to come with
some level of difficulty. For example, some of the models that did not have equal representation led to
certain agencies feeling like they were not being heard and their needs were not being met, and those
agencies withdrew from the consolidation. The diagram below represents the type of board structure
that would reflect the consensus across the agencies .
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Jefferson County Regiona/911 Single Center with
Specialized Dispatch Option
It should be noted that these would be the agenc ies on the initial board . If additional agencies were to
participate in the consolidated center over time , they would also have a representative on the board.
The board would meet regularly and would review the performance of the regionalized operation and
provide guidance on future operations. The consolidated center or centers would be run by an Executive
Director who would be hired and fired by the board, and whose ongoing performance would be
evaluated by the board . The Executive Director would be responsib le for taking the direction of the
board and translating it into day -to-day execution . A strong set of performance metrics would be
implemented to give transparency and accountability to the operation. Again , this is in line with best
practice . The metrics we would recommend based on our benchmark analysis would include:
• Call Answer Times
• Call Hold Times
• Abandonment Rates
• Dispatch Times by Call Priority
• Customer Satisfaction with 911 Response
These metrics could be further analyzed for 911 vs . Administrative Calls . Certainly this is not to say that
these are the only metrics that should be measured, but rather that these are among the priority
metrics that should be a major focus of the center's leadership and governance .
')) ~·. Revolution Advis ors LLC Page I 3
Jefferson County Regiona/911 Single Center with
Specialized Dispatch Option
factor in terms of solution financials. An additional consideration for the radio system will be the
integration of the current VHF frequencies used by a number of agencies dispatched through Evergreen
Fire. Given the coverage challenges of the mountainous geographies, consideration will need to be given
to how these frequencies and the associated equipment will be integrated into the technology
approach. Funding has been allocated in the Transition Budget to address the development of this
approach and associated FCC frequency coordination, etc.
ISSI Implementation
ISSI is a service that allows P25 subscriber radios the ability to roam between RF Sub-Systems (RFSS),
provided they are within the same frequency band and coordination between the system administrators
occurs . When a subscriber radio from RFSS 1 (DTRS) roams into the coverage area of RFSS 2 (MARC), the
ISSI provides the user with the capability of the subscriber radios to roam as well as provide other
expected user attributes such as user call priority seamlessly. RFSS 2 will register the group and unit,
then assign a temporary 10 allowing the subscriber's radio to communicate on the system. RFSS 2
passes all of the radio's transmissions back to RFSS 1 via the ISSI Gateway. As mentioned, the roaming
user's group calls may be directly affiliated with a permanent group on RFSS 2 if desired.
Physical Hardware Overview
• Each ISSI Subsystem will consists of the following:
• WAN Connectivity
• Connection to a central controller/switch
• Routers
• Gateway hardware and/or software
• Firewall
• Management and configuration application
• Existing RFSS's that are within the same frequency band.
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Jefferson County Regiona/911 Single Center with
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Current State for ISSIInfrastructure on both MARC and DTRS
• ISSI equipment has been purchased for both the MARC and DTRS .
• MARC ISSI equipment is installed in lakewood and ready for testing.
• DTRS ISSI equipment is currently at Motorola in Illinois with the second test ISSI for MARC setup
at Harris in Virginia. The purpose of this testing is to work out any issues and ensure
interoperability. The ISSI for the DTRS will need to be installed after testing has been validated.
Timeline for Current Proposed Rollout and Implementation
• Test both ISSI systems on site at the manufactures facilities, Motorola and Harris.
• Install remaining Motorola ISSI 8000 onto the DTRS in Colorado.
• Testing between both systems then begins. An initial matrix for ISSI Talkgroups for "live" testing
is scheduled to start August 2014 .
• Implementation of ISSI in the Denver Metro is then rolled out. Expected Release time of mid-
2015.
ISSI Standard Supported Features
• Unconfirmed Group Calls
• Confirmed Group Calls
• Emergency Calls
• Group and Unit registration
• Supports up to 200 concurrent group calls
• Call Arbitration
• Fault reporting to the Regional Network Manager
• Dynamic Database information from the Unified Administration Server (UAS)
• Device Manager support
• ISSI Supplementary Data (Group Emergency Cancel)
• RSMPro support
• losing Audio
• RFSS Service Capability Polling
• CSSI support
• High Availability
Not Supported ISSI Feature
• After speaking with the MARC radio shop there will be no CSSI support.
Benefits of ISSI
• Console can maintain communications with the home radio user when they roam onto another
system
• Area wide roaming
~jj
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Jefferson County Regional 911 Single Center with
Specialized Dispatch Option
• Ability to seamlessly bring in multiple vendor radio on multiple separate systems that are using
the same frequency band.
• Already part of the TIA Standard.
• Minimal Hardware to setup and support
Possible Integration Issues
• Must manually switch to a mapped Talkgroup for users on multiple system to be able to talk to
each other unless permanent Talkgroups are established.
Cost
• ISSI gateways have a retail price of approximately $100,000 per side, with install typical costs
estimated at approximately $300,000 for services and ancillary equipment.
LMCO UCP Implementation
The lMCO Universal Communications Platform (UCP) is an expandable system platform that integrates
any type or brand of fixed and mobile radio systems together enabling interoperability with other
communications and data-related systems. It can transform any radio system into a fully IP-based
network-facilitating monitoring, control and dispatch from any location with a network connection and
a smart phone, laptop, PC, or PDA .
Vendor agnostic, as well as frequency or band, the UCP connects disparate communications systems and
enables them to talk to each other. Multiple groups using disparate radio systems such as fire, police
and municipal agencies can all communicate with each other. This solution brings a number of
advantages such as modularity (only using the number of modules required for your device interfaces),
the ability to use existing equipment, and built-in mesh capabilities that eliminate single points of
failure.
There are two 19" rack mount hardware modules that would reside at each site depending on the
bridging needs, comprising of the NIU (Network Interface Unit) and the RCU (Radio Control Unit).
The RCU itself is a 2U rack mounted device that allows you to connect up to 41ocal radios or repeaters
via the Digital Serial Data layer. These connections allow for remote radio control and audio bridging
locally or to a remote site. In the case that the connected device is IP-enabled such as a radio or
gateway then the RCU will connect via IP and as a result is not limited to 4 physical connections. The NIU
is a 2U rack mounted device the can bring in analog radio devices into the IP network, this allows for
remote dispatch, and connection of radios locally into the system.
Connecting both the Harris MARC and the Motorola DTRS systems together using the lMCO UCP is fairly
straightforward. The RCU is the main piece of required hardware for the integration. The RCU will be
installed at a DTRS site with IP connectivity back to the MARC system. The RCU connects directly via IP
connectivity to the MARC VIDA Core. logically and operationally, the RCU looks like another site to the
Harris MARC system allowing it to receive and transmit both voice and data between the two systems.
~. Revolution Advisors LLC Page IS
Jefferson County Regiona/911 Single Center with
Specialized Dispatch Option
On the DTRS system the RCU will connect up to (4) Channels on the site via the RCU's Digital Serial Data
Layer . Each channel would be representative of a talkgroup on the DTRS system . How many channels
or talkgroups you wish to bring in from a given DTRS Site would ultimately determine how many RCU's
will be needed . If a conventional digital or analog channel needs to be brought into the system, then a
NIU would be installed at the site connected via IP to the RCU were each NIU would connect up to 4
radio assets or channels into the system . This is a key point for conventional voice or data to be brought
into the larger system.
Key tasks and potential timelines associated with UCP deployment include :
• Project Planning (6-8 weeks)
• Site Surveys to assess both the RF and Network status for integration (4 weeks)
• Training on Equipment for installation and service crew (2 weeks)
• Installation onto beta test site and preliminary testing (2 -3 weeks)
• Beta Testing (12 weeks)
• Live Deployment (12 -24 weeks)
The UCP supports all of the current ISSI features as well the following additional functionality:
• Remote control of the repeater or radio . Example CH Up/Down, Change Frequency Change
power output levels , Power ON/OFF and so on.
• P25 Messaging per the TIA standard . Example Call Alert, Paging, and Emergency Alarm .
• The ability to push unit ID's from conventional P25 radios into the Trunking System .
• Inhibiting, Reviving, Remote Monitoring, and Killing of radios.
• Consuming AVL (GPS) data.
Benefits of UCP
• Area Wide Roaming
• Retaining Data and messaging capability when merging multiple systems
• A more user friendly and more straightforward installation, with both ease of use and in setup
• Full remote control of all radio assets
Coordination between both the MARC and DTRS managers is a must . Choosing whether or not new
talkgroups are to be created or if existing ones can be reutilized .
The cost of this solution can vary greatly depending on how much capability and how it is physically
integrated on both sides. Moreover it will also come down to what the managers of both systems will
allow. We would approximate the cost to be $150,000-$200,000. This is based off of the assumption
that each agency in the study would have 2 talkgroups available that have the ability to provide
interoperability with the other agencies regardless of radio or system brand. In addition, the ability to
(?1
&·.. Revolution Advisors LLC Page I 9
Jefferson County Regiona/911 Single Center with
Specialized Dispatch Option
bring in up to 4 conventional channels into the system was added for some of the smaller agencies so
they can be interoperable as well.
Comparison of ISSI and the LMCO UCP
When looking at both technologies the main goal of both is bring in two different systems and making
them interoperable at the lowest level which in our case is achieving voice communication from one
system to another.
ISS I does provide some functionality over the UCP such as being a 100% IP networked solution after the
hardware is installed, whereas the UCP needs to physically connect into the Motorola repeaters via the
digital serial interface but is connected via IP on the Harris side. There is benefit of being physically
connected to the repeaters with the UCP as it enables remote control for those repeaters . In addition,
the ability to also send data between both systems with the UCP is a plus . The UCP also affords the
ability to bring in conventional channels and bring in the unit 10 information into the larger system .
From a cost stand point at the lowest level of integration the LMCO UCP is less expensive and remains
that way until you have 24 or more talkgroups or channels brought into the system. However, the
expenditure of adding the ISSI capability between the DTRS and MARC has already been made and
i ntegration has started. ISSI also has the benefit of having up to 200 simultaneous talkgroup calls at the
same time with no upgrades ·needed to that point.
Other Technology Elements
With regards to other elements of technology, there are some common threads already in place that
can be leveraged in a regionalized solution. These include:
• Leveraging the in-process transition to a Regional RMS
• Continued consolidation onto the Cassidian phone system platform, although consideration of
whether or not to upgrade to the newer platform should be undertaken
• Paging and ENS standardized on the CodeRED platform
• Standardizat ion on the NICE system
Detail of Approach and Assumptions
The section below provides more detailed information on the chosen option. A standardized set of
salaries was developed to determine the potential staffing costs to facilitate comparison among the
options. These costs were determined by looking at the high end of average salaries that were found in
each posit ion and assuming that the positions would be slotted at that pay level. As noted above, this
would help ensure that no one was taking a pay cut to work in this center and helps ensure retention
over time. Specifically the approach for setting salaries i ncluded :
Revolution Advisors LLC Page 110
Jefferson County Regiona/911 Single Center with
Specialized Dispatch Option
each agency, so they can be considered for the overall communication center's SOPs. The next step will
be to prioritize the SOP development. SOPs that will have significant operational impact to the
communication center and are essential to the successful transition of the consolidation should be
developed first.
After the SOP topics have been documented and prioritized they will need to be validated against the
national standards so that the communication center is in compliance. Where possible, the SOPs should
build on processes already underway. The intent is not to create all new processes but to enhance,
document, and agree upon the processes to be followed within the new communication center. The
team may decide, however, to implement some new standards. For example, the team could consider
the implementation of Priority Dispatch or EPD across the centers . A transition of this type often affords
this type of opportunity, as a series of training events will already be required for operation in the new
center. Once the SOPs are written they will need to be reviewed for potential impacts to current
operations and finally approved by the Governance Board.
Topics that should be included in the SOPs are:
• Administration
• Operations
• Building Security
• IT/Equipment
• Facility Management
This process must be started in advance of the consolidation and will be intensive and require a
significant commitment from the team members. The SOPs that are created will be the prerequisite to
the establishment of the Quality Assurance program for the communication center.
In addition to the standards created, we recommend implementing strategies to continue the
relationships and teamwork already existing between communication center personnel and the officers
that they work with from the individual agencies . These strategies will also establish and grow
teamwork and trust between all the communication center personnel and all the officers that will be
working together. Working Groups should be established to foster interaction between communication
specialists and officers. This approach is already in place and successful in some agencies and can be
leveraged to this larger environment . It involves communications center personnel and officers who
regularly interact with each other via the radio to meet and discuss issues, improvements, etc.
During the creation of a single center consolidation, communications teams will be established to work
together for every shift. These teams will initially be assigned to an individual agency and portions of
the team will rotate so that knowledge of the agency will be cross-pollinated, but there will always be a
core of "experts" in that community on the team. At any given moment in the communication center
there will be someone working that can answer any questions that may require specific community
"tl k~, Revolution Advisors LLC Page 117
Jefferson County Regiona/911 Single Center with
Specialized Dispatch Option
• Fire/EMS Dispatch Operations Manager (1)
• Law Enforcement Dispatch Supervisor (9)
• Call Taking Specialist Supervisor (7)
• Fire/EMS Dispatch Supervisor (5)
• Call Taker -Administration Line (4)
• Call Taker (48)
• Law Enforcement Dispatcher (52)
• Fire/EMS Dispatch (16)
The executive director will report to the governance board . In this option the technology manager,
training specialist, and Quality Assurance Specialist report to the executive director as well as the
business manager/human resources specialist. While there is one facility that houses all personnel,
there are three different departments or "operations". The director would work collaboratively with the
current agency communication center managers, who would continue to oversee daily operation of
their centers such that the citizens of the respective towns/cities, and County do not experience a
disruption in service levels as changes are planned and implemented. It is important for the agency
CEO's who are participating in the consolidation effort to communicate the role of the Director so that
the scope and boundaries of the Director are clear to all stakeholders, to those supporting the
transition, and to the current workforce.
The Director's roles during the consolidation process should include:
• Serving as the change management leader
• Working with the Board to ensure the established communication center is in accordance with
the Boards vision and mission
• Provide clear direction to the current agency managers and support staff
• Securing the necessary resources to effectively implement and manage the operations
• Working with legislative issues affecting 911 operations
• Serving as primary point of accountability for the new communication center's performance
Once the consolidation has concluded, the director will oversee daily coordination, management, and
leadership of the center's operational, technical, and administrative needs. The primary duties of this
critical leadership position include:
• Coordinating the development and management of the communication center
• Preparing and administering the annual call center budget
• Managing administrative staff supporting call center programs and systems
• Working with the Governing Board to resolve interagency issues
• Acting as the key facilitator and negotiator and aid in decision-making among agency
stakeholders
~ ;{fl .. Revolution Advisors LLC Page I 20
Jefferson County Regiona/911 Single Center with
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• Ensuring coordination of individual agencies using the facility or its resources
• Overseeing projects to enhance the call center's effectiveness
The business manager/human resources specialist will provide administrative support to the center and
be responsible for all aspects of human resources for the center and the departments. It is assumed that
payroll and benefits administration are outsourced to a PEO .
The quality assurance specialist will be accountable for setting and exceeding the quality assurance
standards set by the Governance Board . Some of the duties of th is position include:
• Reporting all the call center statistics and performance metrics once they have been established.
• Maintaining records of dispatch reports and audio recordings of 911 telephone and radio calls ;
analyzes data to ensure compliance with community needs and standards .
• Help create and implement the quality control/quality assurance program according to
regulatory requirements and participates in annual stud ies in order to ma i ntain the
Communication Center's certification under the applicable accred itation programs .
There will be three operations mangers , one to oversee each department. The specialized operations
managers will be responsible for the daily operations of their department and oversee the
communications supervisors within their department. They will also serve as point of contact for the
chiefs of each agency that is being serviced by their department. The law enforcement dispatch and
fire/EMS dispatch departments will be organized the same way with the same structure. The operations
managers will report to the executive director. In addition to the overall day to day coordination and
management of the operational needs of the center, the operations managers will be responsible for
screening potential new hires, performance metrics management of the supervisors and ensuring that
superior customer service is being delivered by every communication center employee .
Additional responsibilities of the operations managers include but are not limited to :
• Planning, manag i ng , and organizing the operation and maintenan ce of their operation, i ncluding
providing direction to ensure customer service , overseeing staff duties in various areas ,
supporting communications supervisors and specialists in dealing with difficult matters or
people, and assigning and scheduling tasks for the supervisors .
• Part icipate in the development and implementation of goals, objectives, policies, and priorities
for the communications center; creating, recommend i ng and administering policies and
procedures.
• Develop and standardize procedures and methods to improve and continuously monitor the
efficiency and effectiveness of programs , service delivery methods, and procedures; assess and
monitor workload and administrative I support systems ; identify opportunities for improvement
and recommend them to the director.
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• Provide advisory support and acts as a liaison to the committees, vendors, community partners,
the public and regulatory agencies; build partnerships and coalitions.
• Attend and participate in professional group meetings and committees; stays abreast of new
trends and innovations regarding communications center operations, call-taking and dispatch
services; research emerging products and enhancements and their applicability to the
communication center's needs.
• Monitor changes in regulations that may affect operations; implement policy and procedural
changes after approval.
The training specialist will be responsible for planning, coordinating, implementing and directing all
training programs for the communication center and ensure they are up to date with the latest national
standards as discussed in the section above . They will coordinate the training for all the current and
new employees on all operations and procedures of the center and will ensure that all personnel
develop expertise across all required disciplines of the communication center. They will supervise the
trainer and evaluate activities of assigned employees during their training process as well as performing
training needs analysis within the center. The position will report to the executive director and works
with co -workers, managers, employees, vendors and training professionals, to improve communication
skills and abilities.
The trainer will be responsible for conducting classroom and on-the-job training of the communication
center employees, new and current and assisting with class curriculum development and instructions.
This position will report to the training specialist. Other responsibilities will include:
• Performing training related administrative tasks; developing and maintaining training databases
• Provide support to the training specialist
• Other duties as assigned
The information technology team will be responsible for all aspects of updating, upgrading, repairing,
and maintaining the technology systems. This team would initially consist of 8 employees: 1 Technology
Manager, 1 Technical Services Specialist, 3 Radio/Network Technicians and 3 Computer Systems
Technicians. This should allow for both "business hours" and on-call staffing for both radio and
computer systems . During the transition, the information technology staff will be heavily focused on the
implementation of any new technologies required, as well as there-configuration of existing
technologies.
The technology manager will oversee the technical services specialist and maintain and update the CAD
and RMS systems as well as ensure GIS is consistently updated. The responsibilities of the technology
manager will be, but are not limited to:
• Provide technological guidance within the organization.
• Supervise information system and communications network.
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• Design, establish, and maintain a network infrastructure for local and wide area connectivity and
remote access.
• Consult with the director, department managers, and manufacturing representatives to
exchange information, present new approaches, and to discuss equipment/system changes.
• Participate in vendor contract negotiations for all new computer equipment and software
purchased for the communication center.
• Create a cost-benefit analyses as well as supporting a detailed definition of data requirements
and departmental workflows.
• Create and monitor the technology and equipment budget.
• Manage the day-to-day operations of the information technology department including
directing staff who support administrative computing, networking, user services,
telecommunications and other information technology functions .
• Assess and anticipate technology projects and recommend appropriate action and resources.
• Establish and direct the strategic and tactical goals, policies, and procedures for the information
technology department.
• Propose hardware/software solutions to accomplish the communication center's objectives .
• Monitors changes in technology that may affect operations; implements policy and procedural
changes after approval.
The technical services specialist will oversee the radio network technicians and the computer systems
technicians. The key responsibilities of the technical services specialist are as follows:
• General oversight of employees, projects and operations in the technical services group
• Employee Scheduling
• Departmental purchasing
• Managing assets
The responsibilities of the radio network technician are:
• Site Work and Installation
• Customer phone support, remote diagnosis
• Radio Programming and Repair
• Propagation Studies
• Frequency Management and Coordination
• System Testing and Troubleshooting
• 24/7 Response for system issues
• Network Management, Service and Support
The duties of the computer systems technician are:
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• Primary tasking will be the maintenance, repair, upgrades and technical support of the following
systems:
o CAD
o Recording and Logging System
o CPE Phone
o Paging
o ENS
o RMS
o GIS Database
• Additional tasking are as follows:
o System Testing and Troubleshooting
o 24/7 Response for system issues
o Customer phone support, remote diagnosis
In addition to these full-time staff positions, some specialized work such as tower-climbing will need to
be outsourced, and this team will be responsible for the sourcing, contracting, and oversight of outside
vendors in this area.
The Call-Taking and Dispatch Supervisors will be responsible for the supervision ofthe communication
specialists as well as:
• Plan, direct and monitor assigned shifts and teams in the performance of daily communications
center activities.
• Plan and schedule daily staffing of personnel, maintain daily attendance records, approve leave
requests, and coordinate the scheduling of vacation and holiday leave for an assigned shift.
• Evaluate subordinates' job performance through written performance appraisals.
We recommend the evaluation of a dedicated phone line for non-emergency calls. A communication
specialist dedicated to answering and routing incoming administrative and non-emergency phone calls
has been proposed for this consolidation to handle the high volume ofthese calls. This position will not
dispatch but be available to help citizens with non-emergency questions and issues and direct them to
the appropriate departments.
Detailed job descriptions will need to be created with input from each agency and approval from the
governance board. We recommend forming a committee prior to consolidation to create the job
descriptions for the positions mentioned above.
The Call-Taking Specialists will be responsible for answering all calls that come into the call center and
routing them to the appropriate dispatch specialist -law enforcement dispatch, fire/EMS dispatch.
Some of the duties that the law enforcement dispatch specialists will be responsible for are:
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• Dispatching and coordinating police personnel in response to complaints, reports of crime,
disturbances, emergencies, and other requests for police assistance.
• Coordinate response of other elements of the department and clears channels for direct
broadcast between field units as necessary .
• Operate computer teleprocessing equipment to input and retrieve data reported in or required
by police officers
Some of the duties that the fire/EMS dispatch specialists will be responsible for are:
• Dispatching for emergency responses; broadcast nature, location and time of alarm; contact all
required personnel in the event of an emergency situation; ensures the presence of reserve
units by contacting personnel designated for call-back; relays information as required .
• Maintain log on radio and telephone communications, location of personnel and equipment; in
the event of an emergency situation, maintain on -going contact with the responding personnel
and keep them informed of all incoming pertinent information.
Security and Disaster Recovery
In the event an evacuation of the Communication Center is required, the staff will notify and transfer
the trunks to a neighboring PSAP, and will egress to the primary backup facility . While en route to the
backup facility, the staff members will use the portable Sentinel CommandPost terminals and portable
or fixed radios, depending on the transport vehicle, to retain the portable continuity if the neighboring
PSAP is unable to take over. Once at the backup facility, the trunks will be transferred back and
operations will resume as normal. Since there will only be one center, it will be required to maintain a
"hot" backup site for this type of scenario. The backup facilities should be maintained with a duplicate in
capability of the main Communication Center. This could be done similarly to what West Metro has
done with MetCom.
For security, provisions would be similar to what is in place today with a suggestion of implementing
some of the enhancements discussed in the Final Feasibility Study .
Facilities and Infrastructure
All personnel will operate from a single facility. This will require the remodeling of the existing West
Metro facility in order to accommodate what could be up to 24 call-taking and dispatch stations.
Discussions of this approach have indicated that the current floor which houses the PSAP can be taken
over and transitioned to a dedicated space for the new PSAP. Currently the West Metro facility has an
unused space originally designed to be another PSAP for another agency. As such, the space is well-
suited to be transitioned to the new center and one of the segments can be used for combined call-
taking and Law Enforcement dispatch, and the other can be used for Fire Dispatch. Current offices on
that floor will be relocated and re-purposed for the regionalized center staff. The current PSAP in that
facility has room for additional dispatch stations and these can be installed and used to facilitate
transition while the existing parallel space is being finished and the other offices, etc. are being re-
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purposed. In addition, the facility already has a technology infrastructure that should accommodate the
additional personnel once the remodel is complete. It will be important, however, that this cross-agency
operation be treated as an independent entity with appropriate associated rules regarding access,
security, etc.
Transition
Change of this magnitude requires careful planning and excellence in execution. Our experience and the
benchmark analysis conducted for this study show time and again that the difference between a
regionalization effort delivering on its intended benefits and not is in the execution. As has been
discussed throughout this section, there are a number of key activities that need to take place during
transition and these activities have intentionally been structured to include high involvement from the
Participating Agencies. This helps ensure buy-in to the eventual solution, but also helps ensure that
nothing gets missed in the transition. A regionalized solution is intended to deliver the best of all worlds
by increasing the service levels provided to the citizens of Jefferson County, and close collaboration
during the transition process will be critical to ensuring that this actually happens.
A 16-month timeline for initial consolidation is recommended for this transition. This should allow for
the planning, approvals and other activities required to make the regionalized center a success,
assuming disciplined project and program management. This transition pace is also enabled by the use
of the existing West Metro facility, which is better equipped for this type of transition than other
alternatives that would be considered, as it was originally intended to house an additional PSAP. The 18-
month timeline would be for the first set of agencies to transition into the new facility. It is
recommended that a phased approach to transition the agencies be taken. The chart below shows the
key activities and timing associated with the transition.
Once the initial agencies are transitioned, it is recommended that an additional agency be transitioned
into the center every 120 days. This allows for the previous transitions to "settle in" and for the
appropriate planning and staging for the next move to be conducted. This would result in an overall
transition timeline of roughly 34 months, which is in line with benchmarks in terms of transition timing.
The order of the agency transition is suggested as follows:
1) Initial Consolidation: West Metro Fire (existing facility), Golden PO, Wheat Ridge PO, Evergreen
Fire
2) Arvada Fire
3) Lakewood PO
4) Arvada PO
5) Jefferson County Sheriff
The order is based on the size, complexity, and relative synergies to be gained, but is not a rigid order.
Other considerations may dictate a different order. The transition will begin with the smallest agencies
first as their call loading will be the smallest and can be handled by transferring to the larger PSAPS
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The most critical component of any transition plan is to ensure that information associated with the
purpose, nature, scope, and objectives of the consolidation is communicated to all stakeholders in an
accurate, timely, credible, and convincing manner. In other words, effective Change Management will be
a very important component of the transition . A change of this type creates anxiety, regardless of the
potential benefits and opportunities that it creates, and this anxiety was seen in the course of the
development of this study. Managing the change effectively will require the right expertise in the
process and the effective participation of leaders from every agency.
Considerations
There are a number of considerations for the transition that will help increase the success of the
process. These include:
• Develop standards for the communication center governance early in the process to provide
clear definitions for authority, obligations, representation and accountability for agencies and
organizations that are part of the consolidation .
• Input should be solicited from the staff of all the public safety organizations and employees
regarding the consolidation. An established line of communication should be developed for
soliciting and acting on employee input. Seeking out employee input not only brings new ideas
to the process , but more importantly, it gives the employees a sense of being part of the process
and transition.
• The Executive Director should be hired as early as possible in the planning stage and should be
involved throughout the transition planning and execution .
• Implement changes that affect the relationships of people, technologies, and processes in a
systematic, considered, appropriately paced and sequenced manner to avoid disruptions in
operations .
• Identify and manage cultural differences between public safety personnel from different
agencies . Focus on creating a consistent culture that has a pride in mission and a dedication to
the citizens that it serves . This already exists in the agencies for their particular jurisdictions, but
it will be imperative to get the staff aligned to the expanded mission .
• Appropriate outside resources I consultants should be hired to manage the transition and
provide required expertise for key transition activities. Many of the skills required for the
transition will not be required ongoing and so the use of outside resources is the most logical
strategy. It also aligns with observed best practices from the benchmark agencies.
All of these activities will help ensure that the transition goes smoothly and that it both minimizes
potential service level disruption and lowers the anxiety that the employees of the consolidated center
might experience.
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Engage in thorough, timely and effective communication strategies that increase understanding and
awareness among key stakeholders at all levels regarding the purpose, vision, direction, and objectives
of the transformation, and the importance of their roles and their contribution to the success of the
transformation. Ensure that information associated with the purpose, nature, scope, and objectives of
the transformation is communicated to stakeholders in an accurate, timely, credible, and convincing
manner. All those involved in the consolidation effort should be kept informed of the progress .
Providing timely and accurate information will stop misinformation (rumors), reduce uncertainty and
fear of change. It also gives the staff the feeling of being included. Again this would be a key part of the
Change Management and Communications strategy and the outside experts who are assisting with the
transition should bring this expertise to bear.
It is important that a common vision be established, documented, and communicated as early in the
transition process as possible. The vision must meet the goals and objectives of the consolidation and
the stakeholders involved. Stakeholders must be engaged early to obtain their support and
commitment to the consolidation and transition efforts. A mission statement should also be developed
that clearly conveys to the communications center stakeholders, employees, and the public the goals of
the consolidation.
Establishing transition committees will be critical to the success of the consolidation. We recommend
that at least one person from each agency be on the following committees. The people selected for the
committees should have knowledge of the committee subject and ideally an interest in it as well. There
should also be a subject matter expert for each committee.
The committees we recommend are the following:
• IT Committee
• Technology Committee
• Personnel Committee
• Training Committee
• Transition/liaison Committee
The main goal of the IT Committee would be to coordinate the implementation of technology and
associated support structures to optimize emergency and operational preparedness, coordination,
communication and response by the primary stakeholders of the facility-Police, Sheriff, Fire, and EMS.
Another goal would be to improve efficiencies by reducing duplication of IT technology, service, and
effort through an extensive use of interoperability and ensure the delivery and functionality of the
technology for the facility within the targeted budget and schedule in conjunction with agency IT
departments. Migration plans would need to be developed for agency-specific operations and systems
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to transition to the communication center wh i le maintaining operational capabilities during the
transit ion to include back-up facilities and systems and to support the implementation of the approved
migration plans .
Establishing a smooth transition of the personnel into the new organ ization is critical to the success of
the organization and to meet its goals and to provide the best communications services to public safety
operations and the public. To achieve a smooth transition, a personnel committee should be established
and work in conjunction with the Business Manager/Human Resources Specialist to identify the
personnel elements necessary to compose the new organization 's personnel structure. This committee
will create complete and detailed job descriptions for the communications center staff.
The Training Committee will assist the Training Special ist to identify and develop a consolidated training
plan based on the recommendations made in this report and analyze existing training in the agencies ,
reducing duplication, and establ ishing a trans ition plan to meet the communication center's
requ i rements .
The committee should conduct a tra i ning needs assessment to identify the following:
• Determine tra i ning needed for implementation of the new SOPs
• What method training will be delivered
• Instructional content that should be covered
• Understanding and competence evaluations
• Length of training sessions
• Scheduling and admin istration of training
• Train i ng reporting requirements
The last committee will be a Trans ition/Liaison Committee composed of representatives from all the
agencies and other City and County representat ives . This committee will be one of the most important
committees established for the transition process . This will be the bridge between the communication
center governance board and the communication center staff. It will be up to this committee to make
sure the commun ication center staff feels comfortable and informed with the entire consol idation
process . Input should be solic ited from the staff of all of the public safety organizations and employees
regarding the conso l idation . An established line of communication should be developed for sol iciting
and acting on employee input. Seek i ng out employee input not only brings new ideas to the process but
more importantly, it gives the employees a sense of being part of a team effort where they are valuable .
A migration/cutover plan will need to be developed to transfer operations to the new communication
center. The cutover plan will be dependent on the level of training, operational, and technological
i ntegration that is achieved prior to cutover. A detailed cutover plan with defined contingencies for
failures at any step must be completed ahead of time and clearly understood by everyone involved. The
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actual cutover should be accomplished during hours of low activity and all personnel required to resolve
any issues must be available.
The plan and timeline should address (but is not limited to):
• Coordination meetings
• Adequacy of funding for cutover and annual operations
• Dependencies that are external to the 911 cutover, i.e., special events in the County or
government
• Public Safety Radio operational capability and interoperability, implementation and testing
• The completion of E-9-1-1 and other telephony implementation and testing; phones to current
PSAPs, admin lines, ring down lines and other agencies and jurisdictions; redundancy of circuits
• Logging/Recording and alarms implementation and testing
• The completion of console and furniture installation
• Network and CAD and other systems installation
• Standard operating procedures for operations, facility, and IT support
• Training
• Evaluation and testing of backup site, including procedures
Transition Alternatives
The options as described assume that ISSI is the radio platform that will be implemented. If the UCP
option is chosen, the projected overall costs will be reduced.
Current options also assume that no new facilities will be required, but rather that existing facilities will
be modified to accommodate the new organization. Based on our analysis, we believe that this
assumption will be feasible. Should new facility build out be required, transition costs will be increased
significantly. Based on our benchmark research, costs for a new 911 Center Build average roughly $250
per square foot for the facility itself and roughly $30 per square foot for parking. Based on the staffing
models for the consolidated centers, a new build facility would be approximately 8,200 square feet with
approximately 6,500 square feet of parking I outdoor space . This would yield rough costs of:
This does not include land acquisition fees, which again could increase costs significantly. In addition,
relocation of the communications infrastructure would require additional costs for coverage studies,
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