HomeMy WebLinkAbout2014 Ordinance No. 062•
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ORDINANCE NO.~)-
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 55
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE
CITY OF ENGLEWOOD, COLORADO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2015,
AND ENDING DECEMBER 31, 2015, CONSTITUTING WHAT IS TERMED THE ANNUAL
APPROPRIATION BILL FOR FISCAL YEAR 2015.
WHEREAS, a public hearing on the Proposed 2014 Budget was held September 15, 2014; and
WHEREAS, the operating budgets and Multiple Year Capital Plan for all City departments and
funds were reviewed at a budget workshop held on September 22, 2014; and
WHEREAS, the Charter of the City of Englewood requires the City Council to adopt bills for
ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the
first day of the next fiscal year .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. That there be and there hereby is appropriated from the revenue derived from
taxation in the City of Englewood, Colorado, from collection of license fees and from all other
sources of revenue including available fund balances during the year beginning January 1, 2015,
and ending December 31, 2015, the amounts hereinafter set forth for the object and purpose
specified and set opposite thereto, specifically as follows:
Legislation
City Manager1s Office
City Attorney's Office
Municipal Court
Human Resources
Finance and Administrative Services
Information Technology
Community Development
Public Works
Police
Fire
Library Services
GENERAL FUND
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$ 357,575
731,307
869,106
1,085,494
482 ,893
1,805,052
1,425,389
1,288,781
5,790,091
12,157,100
9,139,834
1,317,657
1 1 b i i
Parks and Recreation Services
6,053,116
Contingencies
Debt Service -Civic Center
Debt Service -Other
Total General Fund $
CONSERVATION TRUST FUND
Total Conservation Trust Fund $
COMMUNITY DEVELOPMENT FUND
Total Community Development Fund $
DONORSFUND
Total Donors Fund $
PARKS AND RECREATION TRUST FUND
Total Parks and Recreation Trust Fund $
MALLEY CENTER TRUST FUND
Total Malley Center Trust Fund $
OPEN SPACE FUND
Total Open Space Fund $
GENERAL OBLIGATION BOND FUND
Total General Obligation Bond Fund $
PUBLIC IMPROVEMENT FUND
Total Public Improvement Fund $
2
200,000
1,568,988
294.326
44,566,709
375,000
360,000
283,000
365,000
75,000
663,050
1,110,313
3 ,244,326
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CAP IT AL PROJECTS FUND
Total Capital Projects Fund $
WATER FUND
Total Water Fund $
SEWERFUND
Total Sewer Fund $
STORM DRAINAGE FUND
Total Storm Drainage Fund $
GOLF COURSE FUND
Total Golf Course Fund $
CONCRETE UTILITY FUND
Total Concrete Utility Fund $
HOUSING REHABILITATION FUND
Total Housing Rehabilitation Fund $
Total Central Services Fund
Total ServiCenter Fund
CENTRAL SERVICES FUND
$
SERVICENTERFUND
$
CAPITAL EOUJPMENT REPLACEMENT FUND
Total Capital Equipment Replacement Fund $
Total Risk Management Fund
RISK MANAGEMENT FUND
$
3
704,602
9,808,593
16,927,366
340,614
2,230,778
880,493
1,000,000
341,307
3,389,622
1,841,449
1,531,899
EMPLOYEE BENEFITS FUND
Total Employee Benefits Fund $ 6,553,714
Section 2. The foregoing appropriations shall be considered to be appropriations to groups
within a program or department within the fund indicated but shall no,t be construed to be
appropriated to line items within any groups, even though such line items may be set forth as the
adopted budget for the fiscal year 2015.
Section 3. All monies in the hands of the Director of Finance and Administrative Services, or to
come into the Director's hands for the fiscal year 2015, may be applied on the outstanding claims
now due or to become due in the said fiscal year of 2015.
Section 4. All unappropriated monies that may come into the hands of the Director of Finance
and Administrative Services during the year 2015, may be so distributed among the respective
funds herein as the City Council may deem best under such control as is provided by law.
Section 5. During or at the close of the fiscal year of 2014, any surplus money in any of the
respective funds, after all claims for 2014 against the same have been paid, may be distributed to
any other fund or funds at the discretion of the City Council.
Introduced, read in full, corrected and passed on first reading on the 6th day of October 2014.
Published as corrected by Title as a Bill for an Ordinance in the City's official newspaper on the
10th day of October, 2014.
Published as a corrected Bill for an Ordinance on the City's official website beginning on the 8th
day of October, 2014 for thirty (30) days.
Read by title, amended and passed as amended on the 20th day of October, 2014.
Published by title, as an amended Bill for an Ordinance in the City's official newspaper on the
24th day of October, 2014.
Published in full as an amended Bill for an Ordinance on the City's official website beginning on
the 22nd day of October, 2014 for thirty (30) days.
Read by title, as amended and passed on final reading on the 3rd day of November, 2014.
Published by title as amended in the City's official newspaper as Ordinance No~ Series of
2014, on the 7th day of November, 2014.
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Published by title as amended on the City's official website beginning on the 5th day of
November, 2014 for thirty (30) days.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy °tJ tlje amended Ordinance passed on final reading and
published by title as Ordinance No. ~Series of 2014 .
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COUNCIL COMMUNICATION
Date Agenda Item Subject
October 6, 2014 11 a V Bill For An Ordinance Appropriating Funds
For Fiscal Year 2015
Initiated By Staff Source
Department of Finance and Administrative Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council and staff began the 2015 budget process at the April 28, 2014 Study Session with an overview
of the Five Year Forecast, Long Term Asset Reserve (LTAR) and preliminary budget discussion.
The Proposed Budget was discussed with Council at the August 4, 2014 Study Session. The Proposed
Budget was reviewed again with Council and staff at the August 18, 2014 Study Session.
On September 2, 2014, the Budget Advisory Committee provided Council with an update of their activities
and provided an Annual Report regarding their findings and recommendations as well as a Citizens' Budget.
,a A public hearing to gather citizen input regarding the 2015 Proposed Budget was held on September 15,
W 2014.
A "budget workshop" was held at the September 22, 2014 Study Session to discuss input from citizens at
the public hearing.
RECOMMENDED ACTION
Staff recommends Council approve the proposed bill for an ordinance appropriating funds for 2015.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Charter of the City of Englewood requires the City Council to adopt next year's Budget and
Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year to insure
there is legal authority to expend funds.
Due to limited growth in the revenue sources available to the City, the 201 5 Budget limited expenditures
increases as much as possible while limiting the impact on the citizens. Many City employees continue to
sacrifice to make this budget work by using and not cashing out personal leave and taking on additional
duties to help maintain service levels and the City's financial reserves.
City staff and Council worked together to hold expenditure increases in check as much as they could but
some expenditures, mainly personnel-related, continue to grow outside of the control of staff.
Staff requests Council approve the following by motion:
• Highway User Tax estimate increase $50,313
• Legislation Budget increase (council salaries) $1,723
• Fire Department increase for MetCom contract $182,648
• Fire Department increase Training Bureau Chief $29,532
• Fire Department increase for personnel $ l 0,588
Total net change is $174,178. The Proposed Budget presented at Council on September 8, 2014 showed
total sources of $41,869,711 and total uses of $44,342,218, with total ending reserves of $7,943,879.
If Council approves the items listed above, by motion, total sources of funds are $41,920,024 total uses of
funds are $44,566,709 and total 201 S reserves are estimated at $7,769,701 with an Unassigned Fund
Balance of $3,766,602 or nine percent of revenues.
FINANCIAL IMPACT
The General Fund is budgeting (with the motion above) total sources of funds of $41,920,024 and total
uses offunds of $44,566,709 leaving a total reserve of $7,769,701 and an Unassigned Fund Balance of
$3,766,602 or nine percent of total revenue. The total General Fund appropriation is $44,576,902 for 2015.
LIST OF ATTACHMENTS
Proposed bill for an ordinance
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provide a periodic accounting of PROJECT funds as well as a periodic notification to CWCB of
any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be
accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used
only for PROJECT upon approval by the contracting officers (Paragraph 12).
Within one year of completion of PROJECT if there are monies including interest earned
remaining which are not committed, obligated, or disbursed, each party shall receive a share of
such monies, which shares shall be computed as were the original shares,
6. OWNERSHIP 0~ PROPERTY AND LIMITATION OF USE
CWCB shall own the property either in fee or non-revocable easement and shall be responsible for
same. It is specifically understood that the right-of-way is being used for drainage and flood
control purposes. The properties upon which PROJECT is constructed shall not be used for any
purpose that shall diminish or preclude its use fur drainage and flood control purposes. CWCB
may not dispose of or change the use of the properties without approval of DISTRICT. If, in the
future, CWCB disposes of any portion of or all of the properties acquired upon which PROJECT is
constructed pursuant to this Agreement; changes the use of any portion or all of the properties upon
which PROJECT is constructed pursuant to this Agreement; or modifies any of the improvements
Jocated on any portion of the properties upon which PROJECT is constructed pursuant to this
Agreement; and CWCB has not obtained the written approval of DISTRICT prior to such action,
CWCB shall take any and all action necessary to reverse said unauthorized activity and return the
properties and Improvements thereon, acquired and constructed pursuant to this Agreement, to the
ownership and condition they were in immediately prior to the unauthorized activity at CWCB's
sole expense. In the event CWCB breaches the terms and provisions of this Paragraph 7 and does
not voluntarily cure as set forth above, DISTRICT shall have the right to pursue a claim against
CWCB for specific performance ofthis portion of the Agreement.
7. MANAGEMENT OF CONSTRUCTION
A. ~-Construction costs shall consist of those costs as incurred by the lowest acceptable
bidder(s) including detour costs, licenses and permits, utility relocations, and construction
related engineering services as defined in Paragraph 4 of this Agreement.
B. Construction Management and Payment
I. DISTRICT, with the assistance·ofCWCB, shall administer and coordinate the
construction-related work as provided herein,
2. DISTRICT, with assistance and approval of CWCB, shall advertise for construction
bids; conduct a bid opening; prepare construction contract documents; and award
construction contract(s).
3.
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DISTRICT shall require the contractor to provide adequate liability insurance that
includes CWCB. The contractor shall be required to indemnify CWCB. Copies of
the insurance coverage shall be provided to CWCB.
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8.
4. DISTRICT. with assistance of CWCB, shell coordinate field surveying; staking;
inspection; testing; acquisition of right-of-way; and engineering as required to
construct PROJECT. DISTRICT. with assistance of CWCB, shall assure that
construction is performed in accordance with the construction contract documents
including approved plans and specifications and shall accurately record the quantities
and costs relative thereto. Copies of all inspection reports shell be furnished to
CWCB on a weekly basis. DISTRICT shall retain an engineer to perform all or a part
of these duties.
5. DISTRICT, with approval of CWCB, shall contract with and provide the services of
the design engineer for basic engineering construction services to include addendum
preparation; survey control points; explanatory sketches; revisions of contract plans;
shop drawing review; as-built plans; weekly inspection of work; and final inspection.
6. PARTIES shall have access to the site during construction at all times to observe the
progress of work and conformance to construction contract documents including plans
and specifications,
7. DISTRICT shall review and approve contractor billings and send them to CWCB for
approval. DISTRICT shall remit payment to contractor based on billings approved by
PARTIES,
8.
9.
DISTRICT. with assistance and written concurrence by CWCB, shall prepare and
issue all written change or work orders to the .contract documents.
PARTIES shall jointly conduct a final inspection and accept or reject the completed
PROJECT in accordance with the contract documents.
10. DISTRICT shall provide CWCB a set of reproducible 11as-built" plans.
C. Construction Chage Orders . In the event that it becomes necessary and advisable to change
the scope or detail of the work to be performed under the contract(s). such changes shall be
rejected or approved in writing by the contracting officers. No change orders shall be
approved that increase the costs beyond the funds available in the PROJECT fund, including
interest earned on those funds, unless and until the additional funds needed to pay for the
added costs are committed by all PARTIES.
MAINTENANCE
PARTIES agree that CWCB shall own and be responsi~le for maintenance of the completed and
accepted PROJECT. PARTIES further agree that DISTRICT, at CWCB's request, shall assist
CWCB with the maintenance of all facilities constructed or modified by virtue of this Agreement to
the extent possible depending on availability of DISTRICT funds . Such maintenance assistance
shell be limited to drainage and flood control features of PROJECT. Maintenance assistance may
include activities such as keeping flow areas free and clear of debris and silt, keeping culverts free
of debris and sediment, repairing drainage and flood control structures such as drop structures and
energy dissipaters, and clean-up measures after periods of heavy runoff. The specific nature of the
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9.
maintenance assistance shalt be set forth in a memorandum of understanding from DISTRICT to
CWCB, upon acceptance of DISTRICT's annual Maintenance Work Program.
DfSTRICT shall have right-of-access to right-of-way and stonn drainage improvements at all times
for observation of flood control facility conditions and for maintenance when funds are available.
FLOODPLAIN REGULATION
The City of Sheridan agrees to regulate and control the floodplain of the South Platte River within
the City of Sheridan in the manner prescribed by the National Flood Insurance Program and
prescribed regulations thereto as a minimum.
PARTIES understand and agree, however, that CWCB cannot obligate ltselfby contract to exercise
Its police powers. If the City of Sheridan fails to regulate the floodplain of the South Platte River
within the City of Sheridan in the manner prescribed by the National Flood Insurance Program and
prescribed regulations thereto as a minimum, DISTRICT may exercise its power to do so and the
City of Sheridan shall cooperate fully.
10. TERM OF AGREEMENT
The tenn of this Agreement shall commence upon final execution by all PARTIES and shall
terminate three {3) years after the final payment is made to the construction contractor and the final
accounting offunds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 5
herein, except for Paragraph 9. FLOODPLAIN REGULATION. Paragraph 6. OWNERSHIP OF
PROPERTY AND LIMITATION OF USE. and Paragraph 8. MAINTENANCE, which shall run in
perpetuity.
11. LIABILITY
Each party hereto shall be responsible for any suits, demands, costs or actions at law resulting from
its own acts or omissions and may insure against such possibilities as appropriate.
13. CONTRACTING OFFICERS AND NOTICES
A. The contracting officer for CWCB shall be the Account, 1313 Sherman Street, Room 721,
Denver, Colorado 80203.
B. The contracting officer for DISTRICT shall be the Executive Director. 2480 West 26th
Avenue, Suite 1568. Denver. Colorado 80211.
C. Any notices, demands or other communications required or permitted to be given by any
provision of this Agreement shall be given in writing, delivered personally or sent by
registered mail, postage prepaid and return receipt requested, addressed to PARTIES at the
addresses set forth above or at such other address as either party may hereafter or from time
to time designate by written notice to the other party given when personally delivered or
mailed, and shall be considered received in the earlier of either the day on which such notice
is actually received by the party to whom it is addressed or the third day after such notice is
mailed.
D. The contracting officers for PARTIES each agree to designate and assign a PROJECT
representative to act on the behalf of said PARTIES in all matters related to PROJECT
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undertaken pursuant to this Agreement. Each representative shall coordinate all
PROJECT-related issues between PARTIES, shall attend all progress meetings, and shall be -
responsible for providing atl available PROJECT-related file information to the engineer
upon request by DISTRICT or CWCB, Said representatives shall have the authority for all
approvals, authoriutions, notices or concurrences required under this Agreement or any
amendments or addenda to this Agreement.
14. AMENDMENTS
This Agreement contains all of the terms agreed upon by and among PARTIES, Any amendments
or modifications to this Agreement shall be in writing and executed by PARTIES hereto to be valid
and binding.
15. SBVERABILITY
If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a
court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable
clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or
provisions shall be given full force and effect.
16. .APPLICABLE LAWS
This Agreement shall be governed by and construed in accordance with the laws of the State of
Colorado. Venue for any and all legal actions regarding the transaction covered herein shall lie in
District Court in and for the CWCB of Denver, State of Colorado ,
17. ASSIGNABILIIX
No party to this Agreement shall assign or transfer any ofits rights or obligations hereunder
without the prior written consent of the nonassigning party or parties to this Agreement.
18. BINDING EFFECT
The provisions of this Agreement shall bind and sha11 Inure to the benefit of PARTIES hereto and
to their respective successors and pennitted assigns.
19, ENFORCEABILITY
PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity 1
by decree of specific performance or damages, or such other legal or equitable relief as may be
available subject to the provisions of the laws of the State of Colorado.
20. TERMINATION OF AGREEMENT
TI1is Agreement may be terminated upon thirty (30) day's written notice by any of PARTIES, but
only ifthere are no contingent, outstanding contracts. Ifthere are contingent, outstanding
contracts, this Agreement may only be terminated upon mutual agreement of all PARTIES and
only upon the cancellation of all contingent, outstanding contracts. All costs associated with the
cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as
were their contributions and subject to the max imum amount of each party's contribution as set
forth herein.
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21. EMPLOYMENT STATUS
This Agreement shall not change the employment status ofany employees of PARTIES. No party
shall have the right to control or direct the activities of any employees of another related to this
Agreement.
22. PUBLIC RELATIONS
It shall be at CWCB's sole discretion to initiate and to carry out any public relations program to
inform the residents in PROJECT area as to the purpose of PROJE.CT and what impact it may have
on them. Technical and final design recommendations shall be presented to the public by the
selected design engineer. In any event DISTRICT shalt have no responsibility for a public
relations program, but shall assist CWCB as needed and appropriate.
23. NO DISCRIMINATION IN EMPLOYMENT
In connection with the performance of work under this Agreement. PARTIES agree not to refuse to
hire, discharge. promote or demote, or to discriminate in matters of compensation against any
person otherwise qualified because of race, color, ancestry. creed, religion, national origin, gender,
age, military status, sexual orientation, marital status, or physical or mental disabili_ty and further
agree to insert the foregoing provision in all subcontracts hereunder.
24. APPROPRIATIONS
Notwithstanding any other term, condition, or provision herein, each and every obligation of
CWCB and/or DISTRICT stated in this Agreement is subject to the requirement of a prior
appropriation of funds therefore by the appropriate governing body of CWCB and/or DISTRICT.
25 . NO THIRD PARTY BENEFICIARIES
It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
PARTIES. and nothing contained in this Agreement shall give or allow any such claim or right of
action by any other or third person on such Agreement. It is the express intention of PARTIES that
any person or party other than any one of PARTIES receiving services or benefits under this
Agreement shall be deemed to be an incidental beneficiary only .
26. ILLEGAL ALIENS
PARTIES agree that any public contract for services executed as a result of this intergovernmental
agreement shall prohibit the employment of illegal aliens in compliance with §8-17.S-101 C.R.S. et
seq. The following language shall be included in any contract for public services: "The Consultant
or Contractor shall not and by signing this Agreement certifies that it does not knowingly employ
or contract with an illegal alien to perform work under this Agreement. Consultant or Contractor
shall not enter into a subcontract with a subcontractor that fails to certify to the Consultant or
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this public contract for services. Consultant or Contractor affirms that they
have verified through participation in the Colorado Employment Verification program established
pursuant to 8-17.S -I02 (S)(c) C.RS. or the Electronic Employment Verification Program
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administered jointly by the United States Department of Homeland Security and the Social Security
Administration that Consultant or Contractor does not employ illegal aliens. Consultant or
Contractor is prohibited from using these procedures to undertake pre-employment screening of job
applicants while the pubJic contract for services is being perfonned.
In the event that the Consultant or Contractor obtains actual knowledge that a subcontractor
performing work under this Agreement knowingly employs or contracts with an illegal alien, the
Consultant or Contractor shall be required to:
A. Notify the subcontractor and PARTIES within three days that the Consultant or Contractor
has actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
B. Terminate the subcontract with the subcontractor if within three days of receiving the notice
required the Subcontractor does not stop employing or contracting with the illegal alien;
except that the Consultant or Contractor shall not terminate the contract with the
Subcontractor if during such three days the Subcontractor provides infonnation to establish
that the subcontractor has not knowingly employed or contracted with an illegal alien.
Consultant or Contractor is required under this Agreement to comply with any reasonable request
by the Colorado Department of Labor and Employment (DEPARTMEN'I) made in the course of
an investigation the DEPARTMENT is undertaking pursuant to its legal authority.
Violation of this section of this Agreement shall constitute a breach of this Agreement and may
result in tennination by PARTIES. Consultant or Contractor shall be liable to PARTIES for actual -
and consequential damages to PARTIES resulting from such breach pursuant to §8-17 .S-10 l (3)
C.R.S. PARTIES shall also report any such breac~ to the Office of the Secretary of State.
Consultant or Contractor acknowledges that the DEPARTMENT may investigate whether
Consultant or Contractor is complying with the provision of the Agreement. This may include on-
site inspections and the review of documentation that proves the citizenship of any person
performing work under this Agreement and any other reasonable steps necessary to determine
comp1iance with the provisions of this section.n
27. GOVERNMENTAL IMMUNITIES
PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by either
party of any rights, limitations, or protections afforded to them under the Colorado Governmental
Immunity Act (Section 24-10-1-1, C.R.S., et a,) as now or hereafter amended or otherwise
available at law or equity.
28. INTENT OF AGREEMENT
Except as otherwise stated herein, this Agreement is intended to describe the rights and
responsibilities ofand between PARTIES, and is not intended to and shall not be deemed to confer
rights upon any person or entities not named as PARTIES, nor to limit in any way the powers and
responsibilities of CWCB, DISTRICT or any other entity not a party hereto.
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HEREFORE, PARTIES hereto have caused this instrument to be executed and incorporated into
Colorado purchase order number OE PDA l lDOQDD00:/ 3 by properly authorized signatories as of
the date and year first above written.
WHEREFORE; PARTIES hereto have caused this instrument to be executed by properly
authorized signatories as of the date and year first above written.
(SEAL)
ATTEST:
(SEAL)
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APPROVED AS TO FORM:
CWCB Attorney
State of Col~t
County of ,.}J'J(J-f?C
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URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
~tie Executive Director
Date __ t -z.._l __ a.....;_/_1_,_1 ----
COLORADO WATER
CONSERVATION BO~_l,ID .• :.••_,_.
By__;~~~--
Title /L~<srs•1,W'1 J> 1 ltv'CTOA...
!lat• 1a./ ,., I 1i
AGREEMENT REGARDING
CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
SOUTH PLA TIE RIVER AT OXFORD A VENUE
Agreement No. 11-07.25
Exhibit A