HomeMy WebLinkAbout2014-10-06 (Regular) Meeting Agenda Packet1. Call to Order.
2. Invocation.
3. Pledge of Allegiance.
4 . Roll Call.
Agenda for the
Regular Meeting of the
Englewood City Council
Monday, October 6, 2014
7:30 pm
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
5. Consideration of Minutes of Previous Session.
a. Minutes from the Regular City Council Meeting of September 15, 2014.
6 . Recognition of Scheduled Public Comment. (This is an opportunity for the public to address City
Council. There is an expectation that the presentation will be conducted in a respectful manner.
Council may ask questions for clarification, but there will not be any dialogue. Please limit your
presentation to five minutes.)
7. Recognition of Unscheduled Public Comment. (This is an opportunity for the public to address City
Council. There is an expectation that the presentation will be conducted in a respectful manner.
Council may ask questions for clarification, but there will not be any dialogue. Please limit your
presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes,
and if limited, shall be continued to General Discussion.)
Council Response to Public Comment.
8. Communications, Proclamations, and Appointments.
a. A proclamation declaring the week of October 19 through 25 , 2014 as National Sa v e for
Retirement Week.
Please note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-7 62-2405} at least 48 hours in advance of when services are needed.
Englewood City Council Agenda
October 6, 2014
Page 2
b. Email from Chad Michels announcing his resignation from the Code Enforcement Advisory
Committee.
c. Email from Tristan Sedbrook announcing his resignation from the Alliance for Commerce in
Englewood.
9. Consent Agenda Items
a. Approval of Ordinances on First Reading.
i. Council Bill No. 56 -Recommendation from the Parks and Recreation Department to
adopt a bill for an ordinance authorizing an Intergovernmental Agreement to join the
existing agreement for construction of drainage and flood control improvements and
setting the contribution of 2014 funding for the project; and approving a partnership
Memorandum of Understanding with the South Platte Working Group for the River
Run Project. Staff Source: Dave lee, Manager of Open Space.
b . Approval of Ordinances on Second Reading.
c. Resolutions and Motions.
i. Recommendation from the City Manager's Office to approve a resolution authorizing
the City of Englewood's Regional City Application for participation in the Cities
Combating Hunger Through Afterschool and Summer Meals Programs with the City of
Denver. Staff Source: Michael Flaherty, Deputy City Manager.
10. Public Hearing Items. (None Scheduled)
11. Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
i. Council Bill No. 46 -Recommendation from the Public Works Department to
approve a bill for an ordinance authorizing continuation of an Intergovernmental
Agreement with the City of Cherry Hills Village for vehicle maintenance and repair.
Staff Source: Pat White, Fleet Manager.
ii. Council Bill No. 47 -Recommendation from the Public Works Department to
approve a bill for an ordinance authorizing continuation of an Intergovernmental
Agreement with the City of Sheridan for vehicle maintenance and repair. Staff Source:
Pat White, Fleet Manager.
iii. Council Bill No. 51 -Recommendation from the Department of Finance and
Administrative Services to approve a bill for an ordinance establishing the 2014 Mill
Levy to be collected in 2015. Staff Source: Frank Gryglewicz, Director of Finance
and Administrative Services.
Please note: If you have a disability and need auxil.iary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
Englewood City Council Agenda
October 6, 2014
Page 3
iv. Council Bill No. 54 -Recommendation from the Department of Finance and
Administrative Services to approve a bill for an ordinance adopting the City of
Englewood Budget for Fiscal Year 2015. Staff Source: Frank Gryglewicz, Director of
Finance and Administrative Services.
v. Council Bill No. 55 -Recommendation from the Department of Finance and
Administrative Services to approve a bill for an ordinance appropriating funds for the
City of Englewood for Fiscal Year 2015. Staff Source: Frank Gryglewicz, Director of
Finance and Administrative Services.
vi. Council Bill No. 52 -Recommendation from the Department of Finance and
Administrative Services to approve a bill for an ordinance adopting the Budget for the
Littleton /Englewood Wastewater Treatment Plant for Fiscal Year 2015. Staff Source:
Frank Gryglewicz, Director of Finance and Administrative Services.
vii. Council Bill No. 53 -Recommendation from the Department of Finance and
Administrative Services to approve a bill for an ordinance appropriating funds for the
Littleton /Englewood Wastewater Treatment Plant for 2015. Staff Source: Frank
Gryglewicz, Director of Finance and Administrative Services.
viii. Council Bill No.57 -Recommendation from the Englewood Fire Department to adopt
a bill for an ordinance authorizing the acceptance of grant from the Colorado
Department of Public Health and Environment in the amount of $48,669.87. Staff
Source: Andrew Marsh Fire Chief.
ix. Council Bill No. 59 -Recommendation from the Englewood Fire Department to adopt
a bill for an ordinance authorizing an intergovernmental agreement with the
Metropolitan Area Communications Center Authority regarding a fire station location
analysis study. Staff Source: Andrew Marsh, Fire Chief.
b. Approval of Ordinances on Second Reading.
c. Resolutions and Motions
i. Recommendation from the Community Development Department to adopt a
resolution authorizing the application for fiscal year 2015 Community Development
Block Grant (CDBG) with Arapahoe County. Staff Source: Harold Stitt, Senior
Planner.
ii. Recommendation from the Finance and Administrative Services Department to adopt
a resolution authorizing the supplemental appropriation for funds to conduct a Fire
Station location study in the amount of $7,800. Staff Source: Frank Gryglewicz,
Director of Finance and Administrative Services.
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed .
Engle w ood City Council Age nda
October 6, 2 014
Page 4
12 . General Discussion .
a. Mayor's Choice .
b . Council Members' Choice.
i. Council Bill No. 58, amending the Englewood Municipal Code pertaining to City
Council Salaries .
13. City Manager's Report.
14. City Attorney's Report.
15. Adjournment.
Please note : If you have a disability and need auxiliary aids or services, pl e ase notify the City of Englewood
(3 03 -762-2405) at least 48 hours in advance of when services are ne eded.
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED PUBLIC COMMENT
October 6, 2014
PLEASE LIMIT YOUR PRESENTATION TO THREE MINUTES
PLEASE PRINT
NAME TOPIC
D°',J G JL.if.i ~bO cff,,\o,Vr. AU.J.UJ~~:.r Ho ,1:;
6G4d~ ~~~2aZik~iidv #
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PROCLAMATION
WHEREAS, the burden of funding retirement has shifted to the individual in the
United States; and
WHEREAS, individuals must plan for the possibility of funding a retirement that
may last longer than previous generations; and
WHEREAS, individuals may not be taking full advantage of their workplace defined
contributions plans; and
WHEREAS, individuals may not be aware of additional retirement savings
opportunities available to them; and
WHEREAS, all workers, including public and private sector employees, employees
of tax-exempt organizations and self-employed individuals can benefit from increased
awareness of the need to save for retirement;
NOW THEREFORE, I, Randy P. Penn, Mayor of the City of Englewood, Colorado,
hereby proclaim the week of October 19th through 25th, 2014 as:
NATIONAL SA VE FOR RETIREMENT WEEK
in the City of Englewood, Colorado.
GNEN under my hand and seal this 6th day of October, 2014.
Randy P. Penn, Mayor
Ba
Lindsay Von Colditz
------Original message------
From: Chad Michels
Date: Mon, Sep 15, 2014 4:01 PM
To: Michael Flaherty;
FW: CEAC September 17, 2014 Agenda.docx
Subject:RE: CEAC September 17 , 2014 Agenda.docx
Michael,
8b
l thought this was for ACE and not CEAC. I did not want to be a member of this committee. Please remove me
from this committee. Sorry, but I just do not have the time for multiple committee's, I have a 4 month old child
at home and a full time job.
Thanks,
Chad
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1
Lindsay Von Colditz
FW: ACE Resignation
From: Tristan Sedbrook [mailto:tsedbrook@fullerre.com]
Sent: Wednesday, September 17, 2014 8:57 AM
To: Julie Bailey
Subject: RE: ACE Resignation
Be
After a great deal of thought and gratitude, I respectfully remove myself from the ACE. I feel I can better serve
Englewood professionally through my continued efforts at bringing retail and office tenants into the area's
available lease space, procuring buyers for Englewood commercial properties and securing commercial listings
with hopes of attracting redevelopment, renovation and other opportunities for growth. As a resident and area
professional, my goal is to continue helping make our community a success -whatever that definition may be.
I'm sure the ACE committee will find its footing and gain traction in the months ahead. I do appreciate City
Council considering me a resource .
• best,
Tristan Sedbrook
Fuller Real Estate
FULLER
7921 Southpark Plaza, # 108
Littleton, CO 80120
(720) 287-5417 direct line
(720) 421-4971 cell
(303) 534-9021 fax
.dbrook@fullerre.com
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COUNCIL COMMUNICATION
Date Agenda Item Subject
October 6, 2014 9 a i River Run Drainage and Flood Control
Intergovernmental Agreement and
Memorandum of Understanding
Initiated By Staff Source
Department of Parks and Recreation Dave Lee, Manager of Open Space
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
A City that provides diverse cultural, recreational and entertainment opportunities.
A safe, clean, healthy and attractive City.
A progressive City that provides responsive and cost efficient services .
• September 15, 2014 -Staff provided City Council an update on the River Run Intergovernmental
Agreement, the Memorandum of Understanding and the Project Implementation Plan.
• March 3, 2014 -A resolution appropriating funding for the River Run Project in the amount of
$100,000 was approved by City Council.
• January 21, 2014 -The South Platte Working Group provided a presentation to City Council
regarding the scope of the River Run Project.
• August 8, 2013 -Staff provided City Council with an update on the River Run Project.
• August 15, 2011 -Intergovernmental Agreement with Arapahoe County accepting grant funding
for the Riverside Trailhead Design.
RECOMMENDED ACTION
Staff recommends City Council adopt a bill for an ordinance to approve an Intergovernmental Agreement
joining the existing agreement for construction of drainage and flood control improvements; setting the
City's contribution of 2014 funding for the project; and approving a partnership Memorandum of
Understanding with the South Platte Working Group for the River Run Project.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The South Platte Working Group is a consortium of interested parties whose goal is to make improvements
along the South Platte River from C-470 south to the Englewood city limits on the north. The intent is to /
provide better accessibility to the river for recreational use. Some of the parties included in this group are (
the City of Englewood, the city of Sheridan, the City of Littleton, Arapahoe County, South Suburban Parks
and Recreation District, the Colorado Water Conservation Board, Urban Drainage and Flood Control
District, the Army Corp of Engineers and other interested parties .
In April 2012, Arapahoe County pledged up to $5,000,000 in seed money to help leverage new dollars for
river restoration, recreational opportunities and environmental enhancement of the South Platte River.
Each entity that receives project support from this funding source will be required to provide a 50% match
for its projects. Over the last eighteen months, Mayor Penn, former City Manager Gary Sears and I have
been representatives to this group on behalf of the City of Englewood.
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The primary focus area for the City of Englewood has been the area between Union Avenue and Oxford •
Avenue. We have titled this portion of the project as the "River Run Project." Key projects in the area
include a passive walking/biking trail on the east side of the river, new kayak chutes in the river at Oxford
Avenue, channelization of the river for faster water flow, screening of unsightly views along the river,
improvements for fishing and recreation access and development of the area (northeast corner of Oxford
Avenue and the South Platte River) at Broken Tee Golf Course.
Intergovernmental Agreement -This is a partnership agreement between the City of Englewood, the City of
Sheridan, Urban Drainage Flood Control District, the State Water Conservation Board, Arapahoe County
and the South Suburban Parks and Recreation District. The agreement formalizes the 2014 funding of
$1 00,000 to the River Run Project from the City of Englewood. The contribution was made from the Open
Space Fund Balance and approved by City Council with the passage of Resolution 38, Series of 2014. The
agreement also acknowledges the City's contribution of $130,000 for the design of the Riverside Trailhead .
The funding sources for that project include a $50,000 grant from Arapahoe County Open Space and
$80,000 matching funds from the City's Open Space Fund.
Memorandum of Understanding for the Principles of Cooperation -The Memorandum of Understanding
for the Principles of Cooperation is a formal acknowledgement of the vision, coordination, and partnerships
for all entities involved with the River Run Project.
FINANCIAL IMPACT
The Financial Impact has already been addressed with the following actions :
Funding Amount -$100,000 Funding Source -
Funding Amount -$130,000 Funding Sources -
LIST OF ATTACHMENTS
River Run Park -Project Implementation Plan
2014 Open Space Fund
(Resolution 38, Series of 2014)
$50,000 Grant from Arapahoe
County Open Space
$80,000 Open Space Shareback
Funds
2011 Agreement Regarding Construction of Drainage and Flood Control Improvements
Proposed Bill for an Ordinance
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River Run Park
Oxford to Union
Project Implementation Plan
DCM -Reducing Flood Risks by Promoting Healthy Stream Systems
Maintain 100-yr
flood protection
Increase regional
trail connectivity
and capacity along
Mary Carter
Greenway
Optimize river,
aquatics, and
riparian health
Create new recreation
features on land and in
water with better
accessibility and comfort
facilities
• UDFCD
River Run Park
Oxford to Union
Project Implementation Plan
Budget
• Design $1,200,000
Schedule
•Design Dec
• 2014
• Construction Oct
• 2015 to 2017
• Construction $12,000,000
DCM -Reducing Flood Risks by Promoting Healthy Stream Systems
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• Table of Contents
Section 1. Charter Introduction ..................................................................... 4
1.1 Executive Summary ........................................................................... 4
Section 2. Project Overview ......................................................................... 7
2.1 Project Summary .............................................................................. 7
2.1 Project Goals, Business Outcomes, and Objectives ....................................... 8
2.3 Project Scope .................................................................................. 9
2.4 Milestones .................................................................................... 11
2.5 Agency Coordination ....................................................................... 12
2.6 Public Outreach ............................................................................. 15
2. 7 Project Cost Estimate and Sources of Funding .......................................... 16
2.8 Dependencies ................................................................................. 16
2.9 Project Challenges, Assumptions, and Constraints ..................................... 17
• Section 3. Project Organization ................................................................... 18
3.1 Project Governance ......................................................................... 18
3.2 Project Team Structure .................................................................... 20
3.3 Roles and Responsibilities ................................ ; ................................. 21
Section 4. Project References ...................................................................... 22
Section 5. Glossary and Acronyms ................................................................ 22
• DCM -Reducing Flood Risks by Promoting Healthy Stream Systems
Section 1. Charter Introduction
1.1 Executive Summary
There are exciting opportunities to significantly improve the reach of the South Platte River from
just south of Union Avenue to just north of Oxford A venue. Proposed improvements include: a
new east bank multi-u se trail; in-river boating improvements and riparian enhancements;
landscaping and creation of a major new trail head/park at Oxford. Not only will these
improvements enhance recreational opportunities along the river, they will also help promote,
over the longer term , community redevelopment with significant potential economic benefits .
This effort has its genesis when the Colorado Water Conservation Board (CWCB) and Urban
Drainage and Flood Control Di strict (UDFCD) identified that the existing drop structures up and
down stream of Oxford A venue on the South Platte River (SPR) were in need of replacement due
to water flowing under the drops . In pursuing the drop structure improvements, UDFCD reached
out to the local agencies to see if there was interest in enhancing the project by leveraging their
funding for a more comprehensive river corridor enhancement. At a meeting held in February
2012 with potential project partners , this vision for the reach from Oxford to Union was
presented and called River Run. During this meeting the partners embraced and recognized the
benefits of a bigger vision--to reengage the river as a treasured resource for the community--
recreationally , environmentally and economically.
Shortly after the February meeting Arapahoe County Open Space (ACOS) challenged the newly
convened South Platte Working Group 2 (SPWG2) to leverage $5 million dollars of open space
funding to make the vision a reality. The vision of the group is:
A vibrant river environment that is integrated with the surrounding communities to bring new
economic, cultural, recreational and natural opportunities.
The SPWG2 conducted a charrette and report that incorporated previous planning studies,
solicited input from a broad group of stakeholders and highlighted opportunities along each
reach of the river. River Run is one of the projects identified in early planning and emphasized
in the charrette report. It was cited as the catalyst to move forward the mission of the working
group through the project specific goals and objectives.
River Run Regional Park Goals
Create a Unique Regional Park Experience that Celebrates the River.
~ Maintain 100-Year Flood Conveyance
DCM -Reducing Flood
Risks by Promoting Healthy Stream Systems 4
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• Increase Trail Conductivity and Capacity along the Mary Carter Greenway
• Optimize River, Aquatic, and Riparian Health
• Create New Recreation Features on Land and in the Water with Better Accessibility and
Comfort Facilities
Major Milestones
• Review the Project with City Councils and Boards
• Signed Inter-Governmental Agreement to fund design
• Preliminary Design Drawings Submitted to all Review Agencies
• Selection of Contractor
• Submittal to USACE Flood Readiness Branch and 404 permit application
• Public Meeting
• Final Design Approved by Local Review Agencies and Stakeholders
• Signed Easements, Permits and Approvals to Build River Run Park Improvements
• USACE Readiness Branch and 404 permit approval
• Signed Inter-Governmental Agreement to fund construction
• Partners Agree to a Management, Operations, and Maintenance Plan
• Construction
• Ribbon Cutting and Opening of Completed Phases
Key Risks
• Securing adequate funding over a four year period by multiple agencies
• Securing the easements and approvals
• USACE Readiness Branch approval of woody vegetation within the I 00-year flood channel
and within the riprap
• USA CE Readiness Branch approval of vegetation maintenance plan
• High water flows in the river during construction
• Construction dewatering due to potential water contaminants
• Construction excavation in area of a known landfill
DCM -Reducing Flood
Risks by Promoting Healthy Stream Systems 5
~ Allocation and management of adequate in-river flows for both water based recreation ,
habitat, and aesthetics
Estimated Total Costs are between $12 -$14 Million.
DCM -Reducing Flood
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Section 2. Project Overview
2.1 Project Summary
River Run brings together several separate planned projects by multiple agencies along the
Oxford Union reach . South Suburban Parks and Recreation , along with many partners, have
been diligently working on making the final connection of the east bank trail of the Mary Carter
Greenway Trail. Meanwhile, Englewood had applied for a grant from Arapahoe County Open
Space to develop a preliminary design for trail head /park on the east side of Oxford Avenue with
traffic access through the Broken Tee entrance. With those two projects , along with CWCB and
UDFCD, it was the opportune time to bring all of these projects together into one river park
improvement. By combining project efficiencies in design services, meetings/coordination,
reviews, permitting, and construction services, a cost and time savings is realized for all project
partners. The combined river park project also allows for more leveraging of public funds and
grant opportunities, plu s the ability to not only meet the smaller project objectives, but deliver a
regional urban river park attraction like no other in Arapahoe County .
The major project sponsors are listed in alphabetical order.
• Arapahoe County Open Space
• Colorado Water Conservation Board
• Englewood , City of
• Sheridan, City of
• South Suburban Park and Recreation District
• Urban Drainage and Flood Control District
The major project stakeholders are the sponsors above, their constituents and specifically the
property/business owners adjacent to the project, Trout Unlimited, future developers , and
residents in other surrounding communities .
DCM -Reducing Flood
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2.1 Project Goals, Business Outcomes, and Objectives
No . Goals Objectives Business Outcomes
• In-stream design elements will • No increased risk of flood
I. Maintain I 00-yr Flood Protection not cause a rise in the water impacts to surrounding surface elevation for the I 00-yr
design flow . property owners
• Positive trail experience for all
users
Increase Trail Conductivity and • Co nstruct I 0-ft wide concrete • Safer trail crossings at Union
trail on the east s ide of the and Oxford 2. reducing crowding along the river that goes under Union Mary Carter Greenway Trail Ave. and Under Oxford Ave . • Park users will have a looped
trail along both banks of the
river, connected by pedestri a n
bridges at Union and Oxford
• Reshape the active channel to
better replicate a natural stream • Healthier and more diverse
Optimize River, Aquatic and system with moving water at plant species and increased
3. Riparian Health low flows , step and pool fish /aquatic habitat
sequences, and emergent
benches that support a variety • Better aesthetic ex perience
of native plants. •
• DCM -Reducing Flood
Risks by Promoting Healthy Stream Systems 8
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No. Goals Objectives Business Outcomes
• Rebuild the existing 2 drop
structures into 6 lower head • Water users of al I types wi II
drop structures that will come to River Run Park to
include recreational features -recreate .
Wave Shapers for boaters and • People of all abilities will have surfers/body boarders & water an opportunity to interact with chutes for kids to play on. the water.
• Provide ADA access down to • River Run Park will be a the cobble beach and into the gathering place as well as a river bottom at Oxford.
Create New Recreation Features destination that engages the
on Land and in the Water with • Build a riverside park and users with the river, trails
4. Better Accessibility and Comfort trailhead that includes a network, and comfort facilities .
Facilities pavilion , parking, restroom • Users will have a memorable facilities , picnic areas, and experience with the uniqueness secondary trails down to the of the art and education piece, water. as well as local business
• Regrade and relandscape the support and interest in the park .
now desolate river corridor into • A new park setting along the a 45-acre park-like setting. river will become an amenity • • Public art and signature attracting potential new
entrances and signage that commercial and residential
celebrates the area 's history development.
and contributions.
2.3 Project Scope
2.3.1 Scope Definition
See the attached Scope of Work
2.3.2 Exclusions
Activities out of Scope Comments
I. Re-evaluating Regional Trail Alignments I. Alignments have already been vetted through Mary
Carter Greenway Trail Master Planning Process
2. Modification to the Union Boat Chutes 2. Determined at beginning of process to not include
due to budgets and could be easily separated out into
its own project
., Reconfiguring the Union West Side Trail Entrance 3 . Determined at beginning of process to not include J.
ffom Parking due to budgets and could easily be separated out into
its own project • DCM -Reducing Flood
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2.4 Milestones
Project Milestone Description Expected Date
Building project consensus and support to move forward Fall 2013
I. Meet with City Councils and
Boards with preliminary design with the understanding of On-going
potential project costs updates
2. Signed Inter-Governmental Need funding for design services Jan.2014 Agreement to Fund Design
3. Preliminary Design Drawings Solicit early input on design and preliminary level to Submitted to all Review Feb. 2014
Agencies minimize comments at final design
Contractor to be part of the design process to utilize their
4. Selection of Contractor experience a nd knowledge at a time when savings can be Feb.2014
realized
5 . Submittal to USACE Flood Start the review process as soon as possible to address Readiness Branch and 404 March 2014
Permit Application several sets of review com men ts • 6 . Public Meetings/Web Site and
July-Sept. 2014
Media Engage public support of project On-going
updates
7. Final Design Approved by Nov. 2014 Local Review Agencies
8. Signed Easements and Permits Nov. 2014
9. USACE Readiness Branch and March 2015 404 Permit Approval
I 0. Signed Inter-Governmental Jun.2015
Jan . 2016 Agreement to fund construction Jan. 2017
11. Construction Fall 2015 to
Summer 2017
12 . Agreed to Management and Define roles and responsibilities and resource allocation
for long-term operation and maintenance of March 2015 O&M Plan improvements
• DCM -Reducing Flood
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2.5 Agency Coordination
CWCB
Deliverable Respon s ible Review Due Date Project Requirements Team Member Time
Preliminary Review Comments Preliminary Drawing s Joe Busto I Month 511 /2014
Final Review Comments 90% Design Drawings Joe Busto I Month
Approval Signature on Con Docs Final Design Drawings Joe Busto 2 Weeks
Sheridan
Deliverable Responsible Review Due Date Project Requirements Team Member Time
Pre liminary Review Comments Preliminary Drawings Ben Nielsen I Month 5/1120 14
Final Review Comments 90% Design Drawings Ben Nie lsen I Month
Electrical Permit 90% Design Drawings Ben Nielsen • GESC Permit 90% Design Drawings Ben Nielsen
Access Pennit 90% De s ign Drawings Ben Nielsen
Approval Signature on Con Docs Final Design Drawings Ben Nielsen
Englewood
Deliverable Responsible Review Due Date Project Requirements Team Member Time
Preliminary Review Comments Preliminary Drawings Ben Nie lsen I Month
Fina l Review Comments 90% Design Drawings Ben Nielsen I Month
Approval Signature on ConDocs Final Design Drawings Ben Nie lsen
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Littleton
Deliverable Res pon s ible Review Due Date Project Requirements Team Member Time
Preliminary Review Preliminary Drawings Ben Nielsen I Month
Comments
Final Review Comments 90% Design Drawings Ben Nie lsen I Month
Approval Signature on Final Design Drawings Ben Nielsen I Month
Con Docs
SEMSWA
Deliverable Responsible Review Due Date Project Requirements Team Member Time
GESC Permit throug h Letter to Arapahoe County Ben Nielsen 3 Month
Sheridan and GESC Plan s
• USA CE
Deliverable Responsible Review Due Date Project Requirements Team Member Time
404 Permit Application Moneka 9 Month
ERO
Flood Readiness Approval Minor Modification Ben Nielsen I-year
Submittal
Denver Water
Deliverable Responsible Review Due Date Project Requirements Team Member Time
Preliminary Review Pre liminary Drawings Ben Nielsen I Month
Comments
Final Re view Comments 90% Design Drawings Ben Nielsen I Month
Approval Signature on Fina l Design Drawings Ben Nie lsen I Month
Con Docs
• DCM -Reducing Flood
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COOT
Deliverable Responsible Review Due Date Project Requirements Team Member Time
Pre liminary Re vie w Prelimina ry Dra w in gs Ben N ie lsen I Month
Comme nts
Fin a l Rev iew Comme nt s 90% De s ign Drawin gs Ben N ie lsen 1 Mo nth
Approval Signature o n Fin a l Des ign Dra win gs Ben N ie lsen I Mo nth
Con Do cs
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2.6 Public Outreach
Responsible
Outreach Form Audience Purpose and Format Team Date
Member
City Council and BCC Elected officials Keep informed of progress Laura Continual
Meetings and support funding Kroeger
Fax Sheet Project Team. Stakeho ld ers. One-sheet of paper with Laura July 2014
Elected Officials and consistent and concise Kroeger
General Public project information
Website General Public On-line location to look for Bob and Bill July 2014
up to date pr~ject
information
Individual Meetings with Surrounding Property Owners Team members meet with Laura .July-
surroundi ng property property owners on site Kroeger August
owners or place of business to 2014
Inform and engage them
in the project
• News release of Project General Public Publication article that is Laura August
short but informs and Kroeger 2014
excites public about
project to be placed in
interested local papers
Advertisement for Public General Public General mailing and email Laura August
Meeting notice inviting people to Kroeger 2014
public meeting
Public Meeting General Public Open house format with Laura September
boards and small group Kroeger 2014
discussions to inform
public of project
News release of start of General Public Publication article giving Laura August
construction project details and Kroeger 2015
outlining construction
schedule .
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2. 7 Project Cost Estimate and Sources of Funding
2.7.1 Project Cost Estimate
See Attached Spreadsheet
2.8 Dependencies
Dependency Description
Englewood is contracting for design of the trailhead
directly with McLaughlin Whitewater. It is the
intent of the project team to incorporate the trailhead
plans into the overall River Run Park plans, so it is a
seamless project
USACE needs to amend the O&M to include
vegetation allowance in the reac h in accordance with
an approved vegetation management plan.
Risks by Promoting Healthy Stream Systems
Critical Date
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Contact
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2.9 Project Challenges, Assumptions, and Constraints
2.9.1 Risks
Probabilit Impact
Planned Mitigation
No. Risks Description y OPI
(H/M/L) (H/M/L) Management Plan
Utilize the SPWG2 Laura
Funding over a 4 -year period relationships , keep sponsors Kroeger
I. M H informed and engaged , and by multiple agencies demonstrate funding is being
wisely spent
Utilize Naranjo to provide true Naranjo/
construction costing, look for Ben
2 . Construction Costs are on the H H value engineering Nielsen
Rise opportunities throughout the
design and construction
process
Early coordination, provide Bob
Securing the easement for the facility operation Seams • 3. east bank trail going through H H improvements when practical,
Englewood Intake Plan provide pedestrian safety, and
political support of the project
USACE Readiness Branch Understand what USACE Laura
approval of woody vegetation concerns are , early submittal Kroeger
4.
within the I 00-year flood M H and regular calls to get review
channel and within the riprap updates and ensure submittal
is moving through the process
Understand what USACE Laura
USACE Readiness Branch concerns are , early submittal Kroeger
5 . approval of vegetation M H and regular calls to get review
maintenance plan updates and ensure submittal
is moving through the process
Schedule in-river construction Naranjo
activities base on research of
6.
High water flows in the river
M H snowpack and predicted
during construction runoff in watershed and
releases from Chatfield
Reservoir by the USACE
Pull state remediation permit Naranjo
early to identify what
7. Dewatering due to potential H H contaminants need to be tested
water contaminants for , develop a treatment if
encountered with cost • implications
DCM -Reducing Flood
Risks by Promoting Healthy Stream Systems 17
Probabilit Impact
Planned Mitigation
No. Risks Description y OPI
(H/M/L) (H/M/L) Management Plan
Test pits with environmental Ben
Construction excavation in area testing, limit excavation in Nielsen
8 . of a known landfill L H areas of known landfill
material , develop pricing in
case material is encountered
During design anticipate areas Ben
Long term maintenance of of weakness and consider Nielsen
9 . structures (stairs and walls) and M M more robust protection as well
cobble beach area within the as how maintenance
I 00-yr flood pool operations would work and
how to reduce the costs.
2.9.2 Assumptions
The following table lists the items that cannot be proven or demonstrated when this project
charter was prepared , but they are taken into account to stabilize the project approach or
planning.
No. The following is assumed:
I. USACE will allow vegetation beyond grasses in the 100-year flood pool
2. ACOS will be a 50% funding sponsor for project
2.9.3 Constraints
The following table lists the conditional factors the project must respect:
No. Category Constraints
I. Total project cost goal is up to $14 Million
2 . Project limits fall within the USACE PL84-99 program
3 . Broken Tee needs use of the parking lot from May to September
Section 3. Project Organization
3.1 Project Governance
Leadership and Oversight
DCM -Reducing Flood
Risks by Promoting Healthy Stream Systems 18
•
•
•
•
•
•
• This effort represents a partnering among several key jurisdictions and stakeholders
(including: Arapahoe County; Englewood , Sheridan; SSPRD ; Littleton ; UDFCD ,
SSPRD , CWCB). Ultimately leadership and oversight will come from the partnering
entities in the form of periodic and timely {at key decision points} review of planning,
design , implementation , fundraising and grant administration. In addition it is recognized
that the respective jurisdictions have final say over plans , designs and construction within
their boundaries as well as over any near and long term financial and budget impacts
Day to Day Project Management
• UDFCD will hold project funding in a Trust and Agency Account and will manage the
project as laid out in the IGA. Design and construction services agreements will also be
managed by UDFCD, with authorization from project sponsors .
Long-Term Management and Stewardship of Improvements
• In-River Improvements -UDFCD and the CWCB will continue to manage and maintain
the river channel -drop structures, bank protection , vegetation , tras h & debris removal.
• Trail and Adjacent Landscaping/Irrigation -SSPRD will manage the trail and related
landscaping and irrigation.
• Water Intake at Union -City of Englewood will continue to manage and operate the
intake facility including all modification s to intake infrastructure . Trail , landscaping and
irrigation management by SSPRD (see above).
• Trailheads (east & west at Oxford)-City of Englewood will manage upland formal
trailhead and park areas beyond the trail corridor.
• Park Areas In-River -City of Englewood will manage park areas on the banks along the
river at Oxford including access paths, viewing areas , cobble bar/gathering areas ,
overlooks, and terraced seating. A Wave Shaper in the river is proposed to provide
adjustability of water features (waves) to accommodate various water users. Periodic
observation and adjustment of the Wave Shaper will be performed by the City of
Englewood. In-river structures and bank protection improvements will be managed by
UDFCD and CWCB.
• Enforcement & Emergency Response -City of Sheridan , City of Englewood, and
Arapahoe County are responsible for fire and rescue and law enforcement within their
respective jurisdictional boundaries .
DCM -Reducing Flood
Risks by Promoting Healthy Stream Systems 19
•
3.2 Project Team Structure
The River Run Park Implementation Team is leading the project.
• Joe Busto, CWCB
• Bob Seams, the Greenway Team , Inc.
• Bill Neumann , OHM Design Corporation
• Ben Nielsen, McLaughlin Whitewater Design Group (Merrick & Company)
• Mary Powell, ERO Resources
• Jerry Naranjo, Naranjo Civil Constructors
• Laura Kroeger, UDFCD.
The project team 's five primary functions are:
• Planning and Design
• Fund Raising
• Construction
• Partner Engagement • • Messaging and Marketing
• DCM -Reducing Flood
Risks by Promoting Healthy Stream Systems 20
•
3.3 Roles and Responsibilities
Project Role Responsibilities Assigned to
Oversee overall project budget, fundraising, phasing and priorities, sc hedule ,
deliverables, and outcomes . Coordinate, communicate, and manage the project and
Project Management direc t work of all the consu ltants. Act as the point person for Stakeholders and Laura Kroeger, UDFCD Implementation team . Manage funding from Stakeholders including payment to
Implementation Team . Seek approvals and permitting on behalf of the
Stakeholders. Oversee public outreach/messaging and partner engagement.
Oversee and carry out the des ign of the project to achieve des ired goa ls and
outcomes . Prov ide protessional engineering/design services to p lan , des ign. and
oversee construction of improve ments. Prepare , coordinate and assist in obtaining
approvals and pe nnits. Manage design consultants a nd collaborate with entire
Ben Nie lsen. MWDG Design Team Implementation Team . Conduct public outreach/messaging and partner
e ngagement. (Lead)
Roles by Company : MWDG -lead des ign firm , river des ign , civil engi neering;
OHM -Land scape architecture, trail and trailhead des ign ; The Greenway Team -
planning/approvals, fund rai sing, messaging; ERO -permitting/a pprovals
Construction Construct project.
management.
Engage and coll aborate on design. va lu e engineering and risk Jerry Naranjo. NCC
Participate and provide input for trail infrastructure planning and design . Maintain South Suburban Park and Trail Owner/Manager and operate trail facilities once constructed . Provide funding and seek g rant s Rec reation District Coordinate and oversee public outreach and messagin g • Participate, provide input , and make final approvals for trailhead and upland park
Trailhead Owner infrastructure p lanning and desi g n. Maintain and operate !railhead facilities once City of Englewood constructed . Seek grants and provide funding Provide fund in g . Coordinate and
oversee public outreach and messagi ng pertinent to trail head s and upland park s .
Arapahoe County Participate in pl a nnin g and design . Provide funding and assistance for obtaining Arapahoe County Open
funding from other sources . Assist with public outreach and messaging. Space
Engage in /review/approve planning and des ign of improvements in a timel y City of Sheridan , City of
manne r. Provide Impl ementation Team support and guidance in obtaining required Englewood, City of Littleton
Local Jurisdiction entity approvals and pennits to complete the project. Provide funding and seek (Coordination , s upport and
grant s . Assist with public outreach and messaging. Review de sign s ubmittals endorsement of grants, etc.),
promptl y. SSPRD (see also Trail
Ovmer/Manager above)
Engage in planning and design of river improvements planning and des ign . Grant
Ri ver Owner necessary easements or agreements to allow project on property. Provide funding CWCB
(South of Oxford Avenue) a nd he lp seek grants. Assist in public outreach and messaging. Coordinate
approva ls with the USACE.
River Owner Engage in planning and design of ri ve r improvement s planning and design . Grant
(North of Oxford Avenue)
necessary easements or agreements to allow project. Provide funding a nd seek City of Englewood
grants. Assist with pub I ic outreach and messagin g .
• DCM -Reducing Flood
Risks by Promoting Healthy Stream Systems 21
•
Section 4. Project References
More information concerning this project can be found in the following documents:
Document Title Version Date Author and Location (link or path) No. Organization
Operation and
Maintenance Manual -U.S . Army Corps of On file
Denver, Colorado -1990
Chatfield Downstream Engineers (Available upon reque st)
Channel Improvement
Platte River/Mary
Carter Greenway Multi-The Greenway On file -2010 Jun e Use Pathway Project Team (available upon request)
(Master Plan)
Union-Oxford South
Platte River McLaughlin On file
Rehabilitation & -2013 March Whitewater Design
Recreation Group (available upon request)
Improvements
South Platte River Run
Park Design Rep ort for McLaughlin On file • USACE Minor Section -2014 March Whitewater Design
408 Modification Group (available upon request)
Review
Section 5. Glossary and Acronyms
Term or Acronym Definition
ACOS Arapahoe County Open Space
CWCB Co lorado Water Conservation Board
IGA Inter-Governmental Agreement
SPR South Platte River
SPWG2 South Platte Working Group 2
SSPRD South Suburban Park and Recreation District
MWDG McLaughlin Whitewater Design Group
UDFCD Urban Drainage and Flood Control District
USACE United States Army Corps of Engineers • DCM -Reducing Flood
Risks by Promoting Healthy Stream Systems 22
SPWG2 Project List
9/11/20141:04 PM
Name
River Enhancements
Oownstream of Oxford
Trail and Underpasses
t
Trailhead and River Access
River Enhancements
Upstream of Oxford
--
Location
Pedestrian Bridge
downstream of Oxford to
Oxford Avenue
Pedestrian Bridge
downstream of Oxford to
Pedestrian Bridge upstream
of Union
Pedestrian Bridge
downstream of Oxford to
Oxford Avenue
Oxford Avenue to
approximately 1,700 LF
upstream
---~ -------
River Run Park
Features Schedule Sponsors Contribution Contribution Contribution Contribution Contribution Contribution Contribution
2012 2013 2014 2015 2016 2017 Total
River reshaping from Construction Begin ACOS $675,000 $675,000 $1 ,350,000
Pedestrian Bridge at Broken Fall 2015 to Spring Columb ine Valley NA
Tee GC to Oxford Avenue 2016 CWCB • $99 ,000 $50,000 _.. .... $199,000
Bridge, two boat chutes, Englewood•• $25,000 $25 ,000
boulder counter weir drop GOCO $350,000 $350,000
at pedestrian bridge, -----~ ----
Littleton NA ---------portage trails , take-outs , Sheridan $100,000 $100,000 $200,000
river enhancements, cobble ---
$25,000
-------
SSPR $25 ,000
beach area downstream of $297,000 $254,000
-------
UDFCD $551,000
Oxford , and vegetation Other $0
enhancements . Total $396 ,000 $0 $1 ,129 ,000 $1 ,175 ,000 $0 $0 $2 ,700,000
Check $2,700 ,0 00
Budget $2,700,000 --------------
Needed $0
Underpasses at Union and Constructi on Begin ACOS $800,000 $800,000 $800,000 $2,400 ,000 -------
Oxford Avenues , safety Fall 2015 to Spring Columbine Valley NA -----~ ---------SSO:Ooo -improvements at intake 2017 CWCB 5~
plant, river access north of Englewood $75,000 $25 ,000 $25 ,000 $125 ,000
Oxford (eastside only -GOCO $0 ------------~ -
boulder walls crusher fines Littleton NA
path to river). storm drain Sheridan $100,000 $200,000 $200,000 $500,000
outfall improvements, SSPR $175,000 $225 ,000 $225 ,000 $225 ,000 $850,000 -----
grading of eastside UDFCD $75 ,000 $100.000 $150.llllD $200.000 $525 ,000
trailhead , concrete trail Other $0
connection between Total $0 $0 $1,225,000 $1 ,350 ,000 $1,450,000 $425 ,000 $4,450,000 -
underpasses. Check $4,450 ,000
Budget Total $4 ,800,000
Needed $350,000
Westside parking lot Construction Begin ACOS $550,000 $550,000 $550,000 $1,650,000
1---I---
expansion , eastside parking Fall 2015 to Spring Columbine Valley NA
-~ ---------expansion, water quality 2017 CWCB $50.000 $50,000
for eastside trailhead
---
$130,000 $300,000 -$300,000 $370,000 $1 .ioo,000 Englewood
improvements, picnic GOCO $0 -----~ ------~ ----
shelter, restrooms, Littleton NA ---
hardscap i ng, playground , Sheridan $25,000 $25,000 $25 ,000 $25,000 $100,000
lands caping, formali ze river SSPR $25,000 $25 ,000 $25 ,000 $75 ,000
acce ss (east and west banks
----f-
$100,000 $100,Q!!_0 $100.UUO $300,000-UDFCD -------~
north of Oxford), upland Other $0
planti ngs screening . Total $0 $0 $155 ,000 $1,000,000 $1,000,000 $1,120,000 $3,275,000
Check $ 3. n--S:OOO--------------
$3 ,300 ,000-Budget Total
Needed $25 ,000
Four boat chutes (grouted Construction Begin ACOS $650,000 $650,000 $650,000 $1 ,950,000
boulder drops). river Fall 2015 to Spring Columbine Valley NA ----------------so enhancements and channel 2017 CWCB
reshaping, and vegetation Englewood $0
enhancements . GOCO $0 --~ -----------
Littleton NA
Sheridan $25 ,000 $50,000 $50,000 $50,000 $175 ,000
SSPR $0 ---
UDFCD $171,000 5550,000 5550.000 $500,(IQ!) $1,771,000
Other $0
Total $0 $0 $196,000 $1 ,250,000 $1,250,000 $1,200,000 $3,896,000
Check $3,896,000
Budget Total $3,900,000
Needed $4,000
----Total Project Contributi ~ $396 ,000 I $0 I $2,705,000 I $4 ,775 ,000 I $3 ,700,000 I $2 ,745 ,000 $14,321 ,000
Check $14,321,000 ------------------------·-------
Total Project Budget $14,700,000
Notes
•Ask is from yearly Projects Bill ,** Englewood Ask amounts --"'.'..----'?
planning money from ACOS $50k, City of
Englewood $80k . Green cell indicates Encumbered Funds
budgeted /anticipated dollars, Yellow cell Partially Encumbered
indicates what the ask is, No color cells indicate
estimates (no commitment) for the purpose of
understanding proposed budget numbers. Oesign
of Phase I, II & Ill (except eastside trailhead
improvements in Phase Ill), two boat chutes
(grouted boulder drops). boulder counter weir
drop at pedestrian bridge, portage trails , take -
outs, river enhancements, cobble bea ch area
downstream of Oxford , Temporary transitions .
Green cell indicates budgeted/anticipated dollars,
Yellow cell indicates what the ask is , No color cells
indicate estimates (no commitment) for the
purpose of understanding proposed budget
numbers. Underpasses at Union and Oxford
Avenu es, safety improvements at intake plant,
pave trail from Big Dry Creek through plant, rough
in river acce ss north of Oxford (eastside only -
boulder wall s crusher fines path to river), storm
drain outfall i mprovements, grading of ea stsid e
trailhead , water quality at eastside trailhead ,
parking paving at eastside trail head , rough in pads
for restroom/shelter, site utilities .
Green cell indicates budgeted/anticipated dollars,
Yellow cell indicates what the ask is , No color cells
indicate estimates (no commitment) fo r the
purpose of understanding proposed budget
numbers. Four boat chutes (grouted boulder
drops), ri ver enhancements, We stside parking
expansion , picnic shelter, restrooms, hardscaping,
playground, landscaping, concrete trail connection
between underpasses, formalize river access (east
and we st banks north of Oxford), upland plantings
screening .
Green cell indicates budgeted/anticipated dollars,
Yellow cell indicates what the ask is , No color cells
indicate estimates (no commitment) for th e
purpose of understanding proposed budg et
numbers
---------
SPWG2 Project List
9/11/20141:04 PM
~
Name
River Enhancements
Downstream of Oxford
Trail and Underpass es
Trailhead and River Access
River Enhancements
Upstream of Oxford
It
Loc ation
Pedestr ian Bridge
downstream of Oxford to
Oxfo rd Ave nue
Pedestrian Bridge
downstream of Oxford to
Pede strian Bridge upstream
of Union
Pedestri an Br idge
downst rea m of Oxford to
Oxford Avenue
Oxford Avenue to
approximately 1,700 LF
upstream
----
Featu res
River reshap i ng from
Pedestrian Bridge at Broken
Tee GC to Oxford Avenue
Br idge, two boat chute s,
boulder counte r weir drop
at pedestrian bridge,
portage trails , take-outs,
river enhancements, cobble
beach area downstream of
Oxford , and vegetation
enhancements.
Underpasses at Un ion and
Oxford Avenues, safety
im proveme nts at intake
pla nt, river acc ess north of
Oxford (e ast side on ly -
bou lder wa ll s cr usher fines
path to river), storm drain
outfall improvements,
grading of eastside
!railhead, concrete trail
connection between
underpasse s.
Westside parking lot
expansion , easts id e pa rking
expansion, water quality
for eastside !rai lhead
improvements, pi cnic
shelter, restrooms,
hardscaping, playground,
landscaping, formalize river
acce ss (east and west banks
north of Oxford), upland
plantings screening .
Four boat chutes (grouted
bo uld er dro ps), river
enhancements and channel
re shaping, and vegetation
enhancements.
Schedule Sponsors
Construction Begin ACOS
Fall 2015 to Spring Columbine Va ll ey
2016 CWCB •
Englewood ••
GOCO
Li ttleton
Sheri dan
SS PR
UDFCD
Other
Total
Construction Begin ACOS
Fall 2015 to Spring Columbine Valley
2017 CWCB
Eng lewood
GOCO
Littleton
Sheridan
SSPR
UDF CD
Other
Tota l
Construction Begin ACOS
Fa ll 2015 to Spring Co lum bi ne Valley
2017 CWC B
Eng lewood
GOCO
Littleton -Sheridan
SSPR
UDFCD
Other
Total
Construction Begin ACOS
Fall 2015 to Spring Columb ine Valley
2017 CWCB
Englewood
GOCO
Littleton
Sheridan
SSPR
UDFCD
Oth er
Total
Tota l Project Contribution_!
River Run Park
Co ntri bu tion Co nt ribu tion Co ntribution Co ntri bution
2012 2013 2014 2015
$67S ,000 $675 ,000
$99,000 $50,000 $50,000
$25,000
$350,000 ·--.
-~$100,0 00-$100 ,000
$25,000 -
$297,000 $254,0DO
$396,000 $0 $1 ,129,000 $1,175 ,000
$800,000 $800,000
---
$75,000 $25,000
$100,000 $200,000
$175 ,000 $225,000 ---
$75 ,000 $100,000
$0 $0 $1 ,225 ,000 $1,350,000
$550,000
$130,000--$300,000
$25 ,000 $25,000
$25,000
~
$100,000 -
$0 $0 $155 ,000 $1 ,000,000
$650,000
-----
----r-
$25,000 $50,000
$171,000 $550,000
$0 $0 $196,000 $1,250,000
$396,000 I $0 I $2 ,705 ,000 I $4 ,775 ,000
Contri bution Contrib ution
20 16 2017
---
~
f-----
$0 $0
Check
Budget
Needed
$800,000
$50,000
$25,000
$200,000
$225 ,000 $225 ,000
$150,000 $200,000
$1,450 ,000 $425 ,000
Check
Budget Total
Needed
$550,000 $550 ,000
$50,Q()()
$300,000 $370,000
~
-
$25 ,000 $25 ,000
$25 ,000 $25 ,000
$100 000 $100,000
$1,000,000 $1 ,120,000
Check
Budget Total
Neede d
$650,000 $650,000
$50,000 $50,000
$550,000 $500,000
$1,250,000 $1,200,000
Check
Budget Tota l
Needed
I $3 ,700,000 I $2 ,745 ,000
Check
Tota l Proje ct Budg et
Contribution
Total
$1,350,000
NA
$199 ,000
$25 ,000
$350,000
NA
$200,000
$25 ,000
$551 ,000
$0
$2 ,700,000
$2.700,000
$2,700,000
$0
$2,400,000
f-----
NA
$50,000
$125,000
$0
NA
$500,000
$850,000
$525,000
$0
$4,450,000
$4,450,000
$4,800,000
$350,000
$1,650,000
NA
$50,000
$1 ,100,000
$0
NA
$100,000
$75 ,000
$300,000
$0
$3 ,275 ,000
$3,275,000
$3,300,000
$25,000
$1,950,000
NA
$0
$0
$0
NA
$175,000
$0
$1 ,771,000
$0
$3,896,000
$3,896,000
$3 ,900,000
$4 ,000
$14,321 ,000
$14,321,000
$14 ,700,000
Notes
*Ask is from yearly Projects Bill ,•• Eng lewood
planning money from ACOS $50k, City of
Englewood $80k . Gree n ce ll indicates
budgeted/anticipated doll ars, Ye ll ow cell
indicates what the ask is, No color cells indicate
estimates (no co m m itment) for the purpose of
understanding proposed budget num bers . Design
of Phase I, II & Ill (exce pt eastsi de !railhead
improvements in Phase Il l), two boat chutes
(grouted bo ul der drops), boulder counter weir
drop at pedestrian bridge, portage trails , take-
outs, river enhancements, cobble beach area
downstream of Oxford, Temporary transitions .
Green cell indicates budgeted/anticipated dollars,
Yellow cell indicates what the ask is , No co lor cell s
indicate estimates (no commitment) for the
purpose of understanding proposed budget
numbers. Underpasses at Union and Oxford
Avenues , safety improvements at intake plant,
pave trail from Big Dry Creek through plant, ro ugh
in river acce ss north of Oxford (eastside only -
boulder walls crusher fines path to river), storm
drain outfall i mprovements, grading of ea stsid e
!railhead, water quality at eastside !railhead,
parking paving at ea stside !rai lhead , rough in pad s
for restroom/shelter, site utilit ies .
Green ce ll indicates budgeted/anticipated dollars,
Yellow cell indicat es w hat th e ask is, No color cell s
indicate estimat es (no co m mitment) for the
purpose of understa nd ing proposed budget
numbers. Four boat chutes (grouted boulder
drops), river enhancements, Westside parking
expansion , picnic shelter, restrooms, hardscap ing,
playground , landscaping, concrete trail connection
between underpasses , formal i ze river acce ss (ea st
and west banks north of Oxford), upland plantings
screening.
Green ce ll indicates budgeted/anticipated dollars ,
Yellow cell i ndicates what the ask is, No color cells
indicate est i mates (no commitment) for the
purpose of understanding proposed budget
numbers
Ask amounts
Budgeted
Encumbered Funds
Partially Encumbered
•
•
AGREEMENT REGARDING
CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
SOUTH PLATTE RIVER AT OXFORD A VENUE
Agreement No. I 1-07.25
THIS AGREEMENT, made this l!J n+ day of ]:)ECEJ..l(!JEJ'L_ , 2011, by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT")
and COLORADO WATER CONSERVATION BOARD (hereinafter called "CWCB") and collectively
known as "PARTIES";
WITNESSETH:
WHEREAS, DISTRICT, in a policy statement previously adopted, (Resolution No. 14, Series of
1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have
heretofore enacted floodplain regulation measures; and
WHEREAS, PARTIES participated in a joint planning study titled "Major Drainageway Planning
South Platte River, Chatfield to Baseline Road" by Wright Water Engineers, dated November 1985
(hereinafter called "PLAN"); and
WHEREAS, PARTIES now desire to proceed with construction of drainage and flood control
improvements for the South Platte River at Oxford Avenue (hereinafter called "PROJECT"); and
WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement
Program (Resolution No. 68, Series of2010) for drainage and flood control facilities in which PROJECT
was included in the 2011 calendar year; and
WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar year
2011 subsequent to public hearing (Resolution No. 69, Series of2010) which includes funds for
PROJECT; and
WHEREAS, DISTRICT's Board of Directors has authorized DISTRICT financial participation for
PROJECT (Resolution No._, Series of201 l); and
WHEREAS, the Board of Directors of the CWCB and the Board of Directors of DISTRICT have
authorized, by appropriation or resolution, all of PROJECT costs of the respective PARTIES.
NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto
agree as follows:
1. SCOPE OF AGREEMENT
This Agreement defines the responsibilities and financial commitments of PARTIES with respect
to PROJECT.
2. SCOPE OF PROJECT
A. Final Design. The final design of improvements for PROJECT has been completed by
DISTRICT. Specifically, the final design of facilities shall extend from approximately
400 L.F. downstream of Oxford Avenue to 1,000 L.F. upstream of Oxford Avenue, as shown
on Exhibit A.
\dc111\ugrmnl\l l\l 10725
B. Construction. PROJECT shall include construction by DISTRICT of the drainage and flood
control improvements as set forth in the final design including vegetation establishment.
3. PUBLIC NECESSITY
PARTIES agree that the work perfo1med pursuant to this Agreement is necessary for the health,
safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit
to the inhabitants of DISTRICT and the property therein.
4. PROJECT COSTS AND ALLOCATION OF COSTS
5.
A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and
be limited to the following:
1. Construction of improvements;
2. Contingencies mutually agreeable to PARTIES.
B. It is understood that PROJECT costs as defined above are not to exceed $396,000 without
amendment to this Agreement.
PROJECT costs for the various elements of the effort are estimated as follows:
ITEM AMOUNT
l. Construction $396,000
2. Contingency 0
Grand Total $396,000
This breakdown of costs is for estimating purposes only. Costs may vary between the
various elements of the effort without amendment to this Agreement provided the total
expenditures do not exceed the maximum contribution by all PARTIES plus accrued
interest.
C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party
shall be:
Percentage Maximum
Share Contribution
DISTRICT 75% $297,000
CWCB 25% 99,000
TOTAL 100% $396,000
MANAGEMENT OF FINANCES
As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of
1977, and Resolution No. 3 7, Series of 2009), the funding of a local body's share may come from
its own revenue sources or from funds received from state, federal or other sources of funding
without limitation and without prior Board approval.
Payment of each party's full share (CWCB -$99,000; DISTRICT-$297,000) shall be made to
DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment
by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay
for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall
ldcm\agrmnt\111110725 2
•
•
•
•
•
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 ifthere 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 OF PROPERTY AND LIMITATION OF USE
CWCB shall own the property eithel' 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 for 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
located 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 of this portion of the Agreement.
7. MANAGEMENT OF CONSTRUCTION
A. Costs. 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 of CWCB, shall administer and coordinate the
construction-related work as provided herein.
2. DISTRICT, with assistance and approval ofCWCB, shall adve1tise for construction
bids; conduct a bid opening; prepare construction contract documents; and award
construction contract(s).
3.
\dcm\agrmnt\11\110725
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 .
3
4. DISTRICT, with assistance ofCWCB, shall 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 shall 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 ofCWCB, 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 ofreproducible "as-built" plans.
C. Construction Change 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.
8. MAINTENANCE
PARTIES agree that CWCB shall own and be responsib,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
shall 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
\dcm\agnnnt\I 1\110725 4
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maintenance assistance shall be set forth in a memorandum of understanding from DISTRICT to
CWCB, upon acceptance of DISTRICT's annual Maintenance Work Program.
DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at all times
for observation of flood control facility conditions and for maintenance when funds are available.
9. 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 itself by 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 patty 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
\dcm\agrmnt\11\110725 5
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 all available PROJECT-related file information to the engineer
upon request by DISTRICT or CWCB. Said representatives shall have the authority for all
approvals, authorizations, 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. SEVERABILITY
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. ASSIGNABILITY
No party to this Agreement shall assign or transfer any of its 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 shall inure to the benefit of PARTIES hereto and
to their respective successors and permitted assigns.
19. ENFORCEABILITY
PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity,
by decree of specific perfonnance 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
This Agreement may be terminated upon thirty (30) day's written notice by any of PARTIES, but
only if there are no contingent, outstanding contracts. lfthere 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 maximum amount of each party's contribution as set
forth herein.
\dcm\agrmnt\I 1\110725 6
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21. EMPLOYMENT STATUS
• This Agreement shall not change the employment status of any employees of PARTIES. No party
shall have the right to control or direct the activities of any employees of another related to this
Agreement.
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22. PUBLIC RELATIONS
It shall be at CWCB's sole discretion to initiate and to cany out any public relations program to
inform the residents in PROJECT area as to the purpose of PROJECT 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 shall 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 offunds therefore by the appropriate governing body ofCWCB 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 shalt 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
Contracto1· that the subcontractor shall not knowingly employ or contract with an illegal alien to
perfonn work under this public contract for services. Consultant or Contractor affinns that they
have verified through participation in the Colorado Employment Verification program established
pursuant to 8-17.5-102 (S)(c) C.R.S. or the Electronic Employment Verification Program
\dcm\agmmt\11\110725 7
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 public contract for services is being performed.
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 tenninate 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 (DEPARTMENT) 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 termination by PARTIES. Consultant or Contractor shall be liable to PARTIES for actual
and consequential damages to PARTIES resulting from such breach pursuant to §8-17.5-101(3)
C.R.S. PARTIES shall also report any such breach 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
compliance with the provisions of this section.0
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 Govemmental
Immunity Act (Section 24-10-1-1, C.R.S., fil ~.)as now or hereafter amended or otherwise
available at Jaw or equity.
28. INTENT OF AGREEMENT
Except as otherwise stated herein, this Agreement is intended to describe the rights and
responsibilities of and 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.
\dcm\agmmt\11\110725 8
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WHEREFORE, PARTIES hereto have caused this instrument to be executed and incorporated into
Colorado purchase order number OE PDA I ZDDODDOO't./ 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)
ATT~
APPROVED AS TO FORM:
CWCB Attorney
State of Col~o
County of ,}fltJeC
\dcm\agrmnt\ 11\ 110725 9
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
~tie Executive Director
Date. __ l_L...---'l 8=---:.../_t...:....I ____ _
COLORADO WATER
CONSERVATION BOAIW --"' _ _,,.-
By _;~~ ···
Title fhc:;)1•snt.VJ ') ']) i !!l'CWll
Date /J./ rJ 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
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 56
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO
PARTICIPATE IN THE PROJECT DESCRIBED IN THE "AGREEMENT REGARDING
CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR SOUTH
PLATTE RIVER AT OXFORD AVENUE", BETWEEN THE URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT, THE COLORADO WATER CONSERVATION BOARD, AND
ARAPAHOE COUNTY, BY ADDING THE CITY OF ENGLEWOOD, THE CITY OF
SHERIDAN AND THE SOUTH SUBURBAN PARKS AND RECREATION DISTRICT AS
PARTICIPANTS.
WHEREAS, in 2011 the Urban Drainage and Flood Control District and the Colorado Water
Conservation Board entered into an intergovernmental agreement entitled " Agreement
Regarding Construction of Drainage and Flood Control Improvements for South Platte River at
Oxford A venue"; and
WHEREAS, the purpose of this Agreement is the construction of drainage and flood control
improvements for the South Platter River at Oxford Avenue ("Project"); and
WHEREAS, in April, 2014 the Urban Drainage and Flood Control District, the Colorado
Water Conservation Board and Arapahoe County entered into "Agreement Regarding
Construction of Drainage and Flood Control Improvements for South Platte River at Oxford
A venue" which added the County to the Project; and
WHEREAS, this proposed ordinance adds the City of Englewood, the City of Sheridan and
South Suburban Parks District as funding partners for the final design; and
WHEREAS, the implementation Agreement and this Amendment define the responsibilities
and financial commitments of all of the parties; and
WHEREAS, the implementation Agreement and this Amendment defines the financial
commitments and responsibilities of the parties regarding maintenance of the project; and
WHEREAS, the "Principles of Cooperation" Agreement outlines the implementation strategy
for the South Platte River at Oxford Avenue improvement project with the goal of promoting a
healthy river in an attractive setting which creates a quality recreational experience.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the City of
Englewood's participation in an intergovernmental agreement between Urban Drainage and Flood •
Control District, Colorado Water Conservation Board, Arapahoe County, City of Englewood, City of
Sheridan and South Suburban Parks and Recreation District regarding construction of drainage and
flood control improvements for the South Platte River at Oxford Avenue, Agreement No. 11-07.25B
attached hereto as Exhibit A.
Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the City of
Englewood's participation in an intergovernmental agreement between Urban Drainage and Flood
Control District, Colorado Water Conservation Board, Arapahoe County, City of Englewood, City of
Sheridan and South Suburban Parks and Recreation District regarding construction of drainage and
flood control improvements for the South Platte River at Oxford Avenue Agreement the "River Run
Park South Platte River Enhancements Principles of Cooperation Endorsed by the Partnering
Jurisdictions, May 2014" outlining the Project goals attached hereto as Exhibit B.
Section 3. The Mayor and City Clerk are hereby authorized to sign and attest, the "Amendment to
Agreement Regarding Construction of Drainage and Flood Control Improvements for South Platte
River at Oxford Avenue," for and on behalf of the City Council of the City of Englewood, Colorado .
Section 4. The Mayor and City Clerk are hereby authorized to sign and attest, "River Run Park
South Platte River Enhancements Principles of Cooperation Endorsed by the Partnering
Jurisdictions, May 2014," for and on behalf of the City Council of the City of Englewood,
Colorado.
Section 5. There are no federal funds are being used by Englewood on this Project. Englewood
funds are from Open Space and Shareback funds.
Introduced, read in full, and passed on first reading on the 6th day of October, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
October, 2014 .
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
October, 2014 for thirty (30) days.
Randy P . Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 6th day of October, 2014.
Loucrishia A. Ellis
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AMENDMENT TO
AGREEMENT REGARDING
CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
SOUTH PLATTE RIVER AT OXFORD A VENUE
Agreement No. 11-07 .25B
THIS AGREEMENT, made this day of 2014, by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"),
COLORADO WATER CONSERVATION BOARD (hereinafter called "CWCB"), ARAPAHOE
COUNTY (hereinafter called "COUNTY"), CITY OF ENGLEWOOD (hereinafter called
"ENGLEWOOD"), CITY OF SHERIDAN (hereinafter called "SHERIDAN"), SOUTH SUBURBAN
PARKS AND RECREATION DISTRICT (hereinafter called "SSPR"), and collectively known as
"PARTIES"· •,.
WITNESSETH:
WHEREAS, DISTRICT and CWCB have entered into "Agreement Regarding Construction of
Drainage and Flood Control Improvements for South Platte River at Oxford Avenue" (Agreement
No. 11-07.25) dated December 8, 2011; and
WHEREAS, DISTRICT, CWCB and COUNTY have entered into "Agreement Regarding
Construction of Drainage and Flood Control Improvements for South Platte River at Oxford Avenue"
(Agreement No. 11-07.25A) dated April 17, 2014; and
WHEREAS, DISTRICT, CWCB and COUNTY have agreed to add ENGLEWOOD, SHERIDAN
and SSPR as a funding partners; and
WHEREAS, PARTIES now desire to add additional funding for final design; and
WHEREAS, PARTIES desire to increase the level of funding by $1,892,000; and
WHEREAS, the County Commissioners of COUNTY, the City Councils of SHERIDAN and
ENGLEWOOD, the Board of Directors of SSPR and DISTRICT have authorized, by appropriation or
resolution, all of PROJECT costs of the respective PARTIES.
NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto
agree as follows:
1. Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as
follows:
4. PROJECT COSTS AND ALLOCATION OF COSTS
A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist
of and be limited to the following:
1. Final design
2. Construction of improvements;
3. Contingencies mutually agreeable to PARTIES .
\dcm\agnnnt\l 1\l 10725B 1
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B. It is understood that PROJECT costs as defined above are not to exceed $3,092,000
without amendment to this Agreement.
PROJECT costs for the various elements of the effort are estimated as follows:
ITEM AS AMENDED AS PREVIOUSLY
AMENDED
1. Final Design $ 900,000 $ 900,000
2. Construction 2,192,000 300,000
3. Contingency -0--0-
Grand Total $3,092,000 $1,200,000
This breakdown of costs is for estimating purposes only. Costs may vary between the
various elements of the effort without amendment to this Agreement provided the
total expenditures do not exceed the maximum contribution by all PARTIES plus
accrued interest.
C. Based on total PROJECT costs, the maximum percent and dollar contribution by each
party shall be:
Percentage Previously Additional Maximum
Share Contributed Contribution Contribution
DISTRICT 25.77% $ 797,000 $ -0-$ 797,000
CWCB 4.82% $ 149,000 $ -0-$ 149,000
COUNTY 50.00% $ 254,000 $1,292,000 . $1,546,000
SHERIDAN 8.09% $ -0-$ 250,000 $ 250,000
ENGLEWOOD 3.23% $ -0-$ 100,000 $ 100,000
SSPR 8.09% $ -0-$ 250,000 $ 250,000
TOTAL 100.00% $1,200,000 $1,892,000 $3,092,000
ENGLEWOOD's contribution to the project is $130,000 directly contracted with
CONSULT ANT to design the Broken Tee Trailhead located on the northeast corner
of Oxford A venue and the South Platte River.
2. Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows:
5. MANAGEMENT OF FINANCES
As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49,
Series of 1977, and Resolutjon No. 37, Series of2009), the funding of a local body's one-
half share may come from its own revenue sources or from funds received from state, federal
or other sources of funding without limitation and without prior Board approval.
Payment of each party's full share (CWCB -$149,000, COUNTY -$1,546,000, SHERIDAN
-$250,000, ENGLEWOOD-$100,000; SSPR-$250,000; DI~TRICT-$797,000) shall be
made to DISTRICT subsequent to execution of this Agreement and within 30 days of
\dcm\agrmnt\11\l10725B 2
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request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT
in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as
defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well
as a periodic notification to CWCB, COUNTY, SHERIDAN, ENGLEWOOD, and SSPR 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 13).
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.
3. Paragraph 13. CONTRACTING OFFICERS AND NOTICES is deleted and replaced as follows:
13. CONTRACTING OFFICERS AND NOTICES
A.
B.
c.
D.
E.
F.
G.
The contracting officer for CWCB shall be the Account, 1313 Sherman Street, Room
721, Denver, Colorado 80203.
The contracting officer for DISTRICT shall be the Executive Director, 2480 West
26th Avenue, Suite 156B, Denver, Colorado 80211.
The contracting officer for COUNTY shall be the Director of Open Space and
Intergovernmental Relations, 6924 S Lima Street, Centennial, Colorado 80112.
The contracting officer for SHERIDAN shall be the City Manager, 4101 S Federal
Boulevard, Sheridan, Colorado 80110 .
The contracting officer for ENGLEWOOD shall be the Capital Projects
Administrator, 1000 Englewood Parkway, Englewood, Colorado 80110.
The contracting officer for SSPR shall be the Executive Director, 6631 S. University
Boulevard, Centennial, Colorado 80121
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.
H. The contracting officers for PARTIES each agree to designate and assign a PROJECT
representative to act on the behalf of said PAR TIES in all matters related to
PROJECT undertaken pursuant to this Agreement. Each representative shall
coordinate all PROJECT-related issues between PAR TIES, shall attend all progress
meetings, and shall be responsible for providing all available PROJECT-related file
information to the engineer upon request by DISTRICT or CWCB. Said
\dcm\agrmnt\11 \I I 07258 3
representatives shall have the authority for all approvals, authorizations, notices or
concurrences required under this Agreement or any amendments or addenda to this
Agreement.
4. All other terms and conditions of Agreement No. 11-07 .25 shall remain in full force and effect.
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:
\dcm\agrmnt\11\1107258 4
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
Title Executive Director
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(SEAL)
ATTEST:
APPROVED AS TO FORM:
CWCB Attorney
State of Colorado
County of Denver
COLORADO WATER
CONSERVATION BOARD
Title. ____________ _
Date ____________ _
The foregoing instrument was acknowledged before me this (date) by
(Name and Title of Position).
Notary's Official Signature)
(Commission Expiration Date)
\dcm\agrmnt\11\110725B 5
For the Board of County Commissioners
ARAPAHOE COUNTY
By: _________________ _
Authorization pursuant to Resolution 120113
Title: Director. Open Space and Intergovernental Relations
Date:. _________________ _
\dcm\agnnnt\l l \l 10725B 6
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(SEAL)
ATfEST:
\dcm\agnnnt\11\110725B
CITY OF SHERIDAN
By ____________ _
Title. ___________ _
Date ___________ _
7
(SEAL)
ATTEST:
\dcrn\agrmnt\11\110725B 8
CITY OF ENGLEWOOD
By~-----------~
Title ·~----------~
Date ___________ _
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• (SEAL)
ATTEST:
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\dcm\agnnnt\11\1107258 9
SOUTH SUBURBAN PARKS AND
RECREATION DISTRICT
Title ___________ _
Date. ___________ _
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River Run Park
South Platte River Enhancements
Principles of Cooperation
Endorsed by the Partnering Jurisdictions, May 2014
A vibrant river environment that ls integrated with the surrounding community to br!ng new economic,
cultural, recreational and natural opportunities.
-Vision pf the South Platte Working Group
The Vision:
Beginning In 2008 the key jurisdictions with a stake In the future of the South Platte River Corridor
formed the . South Platte Working Group under the auspice of Arapahoe County Open Space. The group
saw that there are exciting opportunities to significantly Improve the reach of the River building on the
success of the Mary Carter Greenway and other efforts.
After successfully completing the 1st phase of the East Bank Trail from S. Prince Street to Union In 2011,
the group turned Its focus to the reach from Union just north of Oxford Avenue. Proposed
improvements Include: a new east bank trail; in-river boating Improvements and riparian
enhancements; landscaping and creation of a major new trallhead/park at Oxford. Not only will these
Improvements enhance recreational opportunities along the river, they will also help promote, over the
longer term, community redevelopment with significant potential economic benefits.
This effort has Its genesis when the Colorado Water Conservation Board (CWCB) and Urban Drainage
and Flood Control District (UDFCD) Identified that the existing drop structures up and down stream of
Oxford Avenue on the South Platte River (SPR) were in need of replacement due to water flowing under
the drops. In pursuing the drop structure Improvements, UDFCD reached out to the local agencies to
see if there was Interest In enhancing the project by leveraging their funding for a more comprehensive
river corridor enhancement.
At a meeting held In February 2012 with potential project partners, this vision for the reach from Oxford
to Union was presented and called River Run. During this meeting the partners embraced and
recognized the benefits of a bigger vlslon--to reengage the river as a treasured resource for the
communlty--recreatlonally, environmentally and economically.
Shortly after the February meeting Arapahoe County Open Space (ACOS) challenged the newly
convened South Platte Working Group 2 (SPWG2) to leverage $5 million dollars of open space funding to
make the vision a reality .
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Key Goals Include:
• Maintain 100-Year Flood Conveyance
• Increase Trail Conductivity and Capacity along the Mary Carter Greenway
• Optimize River, Aquatic, and Riparian Health
• Create New Recreation Features on Land and In the Water with Better Accessibility and
Comfort Facilities
• Enhance property values.
The Plan and Guldellnes:
The South Platte River Enhancements effort reflects planning and guidelines of quality reflected In
several key documents Including: The River Run Park Plan (Union to Oxford], South Platte River Vision
Plan (2014} and The South Platte Working Group Statement of Purpose, 2013.
Funding:
It Is recognized that this project may cost $10 Million to $15 Million. The partners Intend to support
raising funds from both outside and local sources to the best of their abilities. The partners also support
and endorse grant applications to potential grant sources such as GOCO, Urban Drainage and Open
Space programs. This process recognizes that commitments each year must be consistent with
respective local Jurisdictional capital budgeting and grant writing priorities .
Coordlnatlori of Implementation:
Urban Drainage and Flood Control District {assigned to Laura Kroeger, P.E.) will take responsibility for
coordinating project Implementation Including overseeing, planning, design, and construction as well as
budget management phasing and public information. This Includes managing consultants and
contractors In coordination with all of the appropriate officials and agency staff with the jurisdictions. All
activities will be with the assumption that each jurisdiction must ultimately approve any built
improvements that are part of this plan.
The coordination effort also makes reference to The Implementation Strategy {published under separate
cover} the details out key implementation functions, activities and guidelines that serves and an aid to
the consultants, the contractor(s) and local jurisdictional staff personal in designing and building the
improvements.
Stewardship and Upkeep:
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The project partners embrace working together toward a long term stewardship process that promotes
a healthy river, an att.ractlve setting, a quality recreational experience and enhanced economic
development potentials.
The partners also envision an appropriate allocation of operations and maintenance tasks. South
Suburban Parks and Recreation will maintain the trails, upland landscaping and other amenities within
its jurisdictional boundaries and as prescribed by the applicable intergovernmental agreements. Urban
Drainage and Flood will maintain the In-river Improvements. Englewood will maintain the major planned
trailhead and park at Oxford Avenue.
Law enforcement, fire and rescue and other existing responsibilities will remain with the appropriate
municipal entitles within their jurisdictional boundaries
Tlmln1:
The goal of the partners is to begin construction by the fall of 2015
Partnerl ng Jurisdictions Supportl n1 This Vision:
City of Englewood City of Sheridan
South Suburban Parks and Recreation Arapahoe County
Urban Drainage and Flood Control Colorado Water Conservation Bd
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 6, 2014 9 c i After School & Summer Meals
Programs Grant -Regional City
Application
Initiated By: Staff Source:
City Council Michael Flaherty, Deputy City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Cities Combating Hunger through Afterschool and Summer Meal Programs (CHAMPS) grant
program was discussed at the September 8, 2014 City Council Study Session.
RECOMMENDED ACTION
Staff seeks City Council's support for a resolution authorizing Englewood's Regional City
Application seeking partnership with the City of Denver in the National League of Cities ' and Food
Research and Action Center's Cities Combating Hunger through Afterschool and Summer Meal
Programs (CHAMPS).
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Earlier this fall , the National League of Cities (NLC) and the Food Research and Action Center
(FRAC) issued a request for proposals for its "Cities Combating Hunger through Afterschool and
Summer Meal Programs (CHAMPS): An Initiative to Help Local Leaders Reduce Child Hunger in
Their Communities and in other Cities in their Regions by Expanding Participation in The Federal
Afterschool and Summer Meal Programs.
· Staff discussed the CHAMPS initiative with City Council during the September 8 Study Session and
received consensus approval to support the City of Denver's grant application, in which the City of
Englewood and the City of Aurora are listed as the regional cities Denver would mentor as part of
the program . Denver recently received notice from NLC that it had been fully funded.
In order for Englewood to participate with Denver in the program and receive our portion of the
funding ($30,000), we must submit a Regional City Application, which is due October 14, 2014.
If the City of Englewood is granted approval as a mentor city, we would work closely with
Englewood Schools to implement programs to expand after-school and summer meals programs for
our community's schoolchildren in need.
FINANCIAL IMPACT
If the application is approved, we would receive $30,000 in grant funding to be used to expand
after-school and summer meals programs for Englewood children. There are no matching costs for
the City of Englewood to participate .
LIST OF ATTACHMENTS
Regional City Application
Proposed Resolution
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NATIONAL
LEAG 'UE
of CITIES
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FOR YOUTH,
EDUCATION & FAMILIES
FRAC
Food Research and Action Center
National League of Cities (NLC)
Cities Combating Hunger Through Afterschool and Summer Meal Programs
(CHAMPS)
2014 Regional City Application
Application Submission
Please use the following guidelines to prepare your proposal for the regional city application
process. The full application should not be more than three pages and must be submitted by
email to your faculty city contact with a copy to Jamie Nash at the National League of Cities
(nash@nlc.org). The application is due by October 14, 2014.
Proposal Instructions
To be considered for a grant award, cities must submit the following:
1) A narrative (approx. 1-2 pages) which includes the following information:
a) City Lead: Each regional city must have a contact within city government that will lead
the project. Please list:
• City lead's name and contact information
• Describe the city lead' s role within city government and how he or she will support
this project.
b) Current programming (if applicable): Please briefly summarize efforts in your city to
develop or expand afterschool and/or summer meals programs to date.
c) Program Eligibility: To be eligible to receive a CHAMPS grant and participate in the
project, your city's meal programs must be implemented in or near a school with 50
percent free and reduced priced lunch rates. Please describe eligibility in your
community.
d) Partnerships: List key partners or organizations involved in the project, including any
additional city officials and staff who will be part of the team and relevant community
partners including school representatives, non-profit organizations, anti-hunger
organizations, etc. Briefly describe their roles.
e) Proposed strategies for expansion of meal programs:
• Please describe how you plan to expand participation in both the Afterschool and the
Summer Meal Programs.
• Include specific numeric goals for the 1) number of children you will reach through
the project, 2) number of meals that will be served, 3) number of sites where the meal
program will operate and/or the number of new sites expected to open during the
grant period.
• Include any other desired outcomes for the project.
NATIONAL
LEAGUE
of CITIES
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INSTITUTE
FOR YOUTH,
EDUCATION & FAMILIES
FRAC
Food Research and Action Center
2) Proposed timeline for project implementation: Include key milestones and potential dates
you anticipate reaching these milestones
3) A budget including the amount of funds requested and description of proposed use(s) of
grant funds including any key dates for planned expenditures. Requested funds cannot
exceed $30,000.
Allowable Use of Funds
NLC and its partner the Food, Research and Action Center (FRAC) will carefully examine the
proposed uses of grant funds as part of the application review process. While not intended to
reflect all possible options, the following list contains examples of allowable expenditures*:
• Use of staff or project consultants to develop and implement local strategies that increase
utilization of the Afterschool and Summer Meal Programs (if funds will be used for new
staff, please indicate how, if at all, staffing will be sustained after the grant ends);
• Communication efforts needed to assess progress in the two regional cities and to support
regular contact with the regional city teams;
• Costs associated with the regional convening or summit focused on the goals of the
CHAMPS project;
• Outreach designed to support and promote the Afterschool and Summer Meal Programs
(e.g., public service advertising, promotional materials, community events);
• Data collection and/or analysis to determine the number of children currently served by
the Afterschool and Summer Meal Programs and inform decisions to target specific
neighborhoods or groups;
• Equipment, such as coolers, refrigerators or cambros, for continued expansion within the
city
*Funds cannot be used to purchase food, including supplementary items to meals served as part
of the federal nutrition programs.
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NATIONAL
LEAGUE
oFCITIES
.. INSTITUTE
FOR YOUTH,
EDUCATION & FAMILIES
CHAMPS Project Timeline
FRAC
Food Re search and Action Center
• NLC expects grantee cities to provide two reports during the grant period, a mid-year and
final report. Both should include data on program participation, including the number of
new sites as well as number of children and meals served. NLC will provide a template
for the final report.
• Each city's team lead and another team member will also be expected to participate in a
cross-site meeting in spring 2015. The date and location for this meeting will be
determined at a later date.
Applications Due to Faculty Cities October 14, 2014
Regional Cities selected for grants October 31, 2014
CHAMPS technical assistance project October 2014 -
December 2015
CHAMPS cross-site meeting (date and location February 2015
TBD)
Mid-year reports due to NLC April 15, 2015
Final reports due to NLC December 15, 2015
Project ends December 31, 2015
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE
AN APPLICATION WITH THE CITY AND COUNTY OF DENVER FOR A NATIONAL
LEAGUE OF CITIES, "COMBATING HUNGER THROUGH AFTERSCHOOL AND
SUMMER MEAL PROGRAMS (CHAMPS) GRANT.
WHEREAS, there is a need for help from local leaders to reduce child hunger in their
communities and their region; and
WHEREAS, the CHAMPS Program provides grants to participating municipalities to help
meet the need by expanding participation in the Federal Afterschool and Summer Meal Programs;
and
WHEREAS, to participate in the grant program, local governments must submit an application
along with the City and County of Denver; and
WHEREAS, the City of Englewood has received a notice of fund availability and would be
participating with the City and County of Denver and the City of Aurora; and
WHEREAS, the City of Englewood, Colorado desires to apply for these funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City of Englewood, Colorado, is hereby authorized to file applications to
Partner with the City and County of Denver in the National League of Cities' and Food research
and Action Center's "Combating Hunger Through Afterschool and Summer Meal Programs"
(CHAMPS)
Section 2. The Mayor and City Clerk are authorized to sign and attest all necessary forms,
documents, assurances and certifications for the application for participation in "Combating
Hunger Through Afterschool and Summer Meal Programs" (CHAMPS) for and on behalf of the
City Council and the City of Englewood.
ADOPTED AND APPROVED this 6th day of October, 2014.
ATTEST:
Randy P . Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No .· __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 6, 2014 Intergovernmental Agreement with
11 a i City of Cherry Hills Village for Vehicle
Maintenance and Repair
Initiated By: Staff Source:
Department of Public Works Pat White, Fleet Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
An Intergovernmental Agreement that has been in place for approximately 12 years to provide vehicle
maintenance and repair for the City of Cherry Hills Village . Continuation of the contract was discussed on
the July 28, 2014 Study Session.
RECOMMENDED ACTION
Staff recommends Council approve a bill for an ordinance to continue with an Intergovernmental
Agreement with Cherry Hills Village for Vehicle Maintenance and Repair.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
• The Cities of Englewood and Cherry Hills Village have maintained an Intergovernmental Agreement for
Vehicle Maintenance and Repair for approximately 12 years. Based on Council's d i rection at the July 28,
2014 Study Session , staff negotiated an increase in the labor rate with Sheridan.
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FINANCIAL IMPACT
Increase in labor rate from $68 per hour to $78 per hour. This contract provides $65,000 -$100,000 in
revenue to the City on a yearly basis.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 46
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDINANCE APPROVING AN INTER GOVERNMENT AL AGREEMENT BETWEEN
THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY OF CHERRY HILLS VILLAGE,
COLORADO, WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE CITY OF
CHERRY HILLS VILLAGE WITH VEHICLE MAINTENANCE.
WHEREAS, since 1992 the City of Englewood has serviced vehicles for other governmental
entities; and
WHEREAS, the City of Englewood and the City of Cherry Hills Village entered into an
intergovernmental agreement whereby Englewood provided Cherry Hills Village with vehicle
maintenance by the passage of Ordinance No. 9, Series of 2003 and Ordinance No. 21, Series of
2008;and
• WHEREAS, the Contract authorized the extension of the services for three additional one year
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periods to be negotiated by the City Manager or his designee; and
WHEREAS, the City of Englewood and the City of Cherry Hills Village desire to continue such
agreement whereby Englewood shall provide the City of Cherry Hills Village with maintenance of
their vehicles; and
WHEREAS, the passage of this proposed Ordinance authorizes an Intergovernmental
Agreement between Englewood and the City of Cherry Hills Village for maintenance of their
vehicles for a one year period and includes a provision for an extension of services for three
additional one year periods;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The intergovernmental agreement between the City of Cherry Hills Village,
Colorado, and the City of Englewood, Colorado, for vehicle maintenance, attached as "Exhibit A",
is hereby accepted and approved by the Englewood City Council.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the
Agreement for and on behalf of the City of Englewood, Colorado.
Section 3. The City Manager is authorized to negotiate and sign and the City Clerk to attest and
seal any extensions of this Contract for three additional one year periods for and on behalf of the
City of Englewood, Colorado;
Introduced, read in full, and passed on first reading on the 6th day of October, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
October, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
October, 2014 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 6th day of October, 2014.
Loucrishia A. Ellis
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CONTRACT
TIDS AGREEMENT, entered into this r:/fJ, day of t91jl.fS[ , 2014 by and between
the City of Englewood, whose address is 1000 Englewood ParkWay, Englewood, Colorado 80110
and the City of Cherry Hills Village, whose address is 2450 E. Quincy Ave, Cherry Hills Village,
co 80110.
TERMS OF CONTRACT
NOW THEREFORE, IT IS AGREED by and between the City of Englewood and the City of
Cherry Hills Village that:
1. The City of Englewood, Colorado shall perform the following services :
2.
3.
The City of Englewood shall perform all necessary repairs and maintenance on
the vehicles owned by the City of Cherry Hills Village to the satisfaction of the
City of Cherry Hills , and the City of Cherry Hills shall pay to the City of
Englewood for such services the sum of seventy-eight dollars ($78 .00) per hour,
in addition to the cost to the City of Englewood of any parts or outside vendor
charges plus thirty percent (30%) handling fee.
The City of Englewood will proceed with the performance of the services called for
in Paragraph No. 1 on June 1, 2014 and the Contract shall terminate on May 31,
2015 . Three additional one ( 1) year periods may be negotiated by the City Manager
or his designee .
Some maintenance of the City of Cherry Hills Village's vehicles shall be performed
by the City of Englewood according to a schedule to be made by the City of Cherry
Hills Village and approved by the City of Englewood as part of this agreement, and
shall include work requested by Cherry Hills Village or work identified by
Englewood during inspection of the vehicle.
4 . The City of Englewood shall repair any vehicles of the City of Cherry Hills Village
delivered to the City of Englewood for that purpose in a good, workmanlike manner.
5. The City of Englewood and the City of Cherry Hills Village agree not to: refuse to
hire, discharge, promote, demote or discriminate in any matter of compensation;
performance, services or otherwise, against any person otherwise qualified solely
because of race, creed, sex, color, national origin or ancestry .
6. This Contract may not be modified, amended or otherwise altered unless mutually
agreed upon in writing by the parties .
7. The City of Englewood by and through its employees and agents shall be considered
for all purposes of the Contract, to be independent contractors and not employees of
the City of Cherry Hills Village.
8 . The City of Cherry Hills Village by and through its employees and agents shall be
considered for all purposes of the Contract, to be independent contractors and not
employees of the City of Englewood.
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9. The City of Englewood shall not assign or transfer its interest in the Contract without
the written consent of the City of Cherry Hills Village. Any unauthorized assignment
or transfer shall render the Contract null, void and of no effect as to the City of
Cherry Hills Village.
10. Neither party shall not assign or transfer its interest in the Contract without the
written consent of the other party. Any unauthorized assignment or transfer shall
render the Contract null, void and of no effect.
11. The City of Englewood shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of the repairs under the Contract.
The City of Englewood shall, without additional compensation, correct or revise any
errors, omissions, or other deficiencies in its services related to the Contract.
12. Either party of the Contract may terminate the Contract by giving to the other party
30 days notice in writing with or without good cause shown. Upon delivery of such
notice by the City of Cherry Hills Village to the City of Englewood and upon
expiration of the 30 day period, the City of Englewood shall discontinue all services
in connection with the performance of the Contract. As soon as practicable after
receipt of notice of termination, the City of Englewood shall submit a statement,
showing in detail the services performed under the Contract to the date of
termination. The City of Cherry Hills Village shall then pay the City of Englewood
promptly that proportion of the prescribed charges which the services actually
performed under the Contract bear to the total services called for under the Contract,
less such payments on account of the charges as have been previously made .
13 . All notices and communications under the Contract to be mailed or delivered to the
City of Englewood shall be to the following address:
Director of Public Works
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
All notices and communications pertaining to the Contract shall be mailed or
delivered to the City of Cherry Hills Village at the following address:
Director of Public Works
City of Cherry Hills Village
2450 E. Quincy Ave.
Cherry Hills Village, Colorado 80113
14. The terms and conditions of the Contract shall be binding upon each City, its
successors and assigns.
15. Nothing herein shall be construed as creating any personal liability on the part of any
officer or agent of any public body which may be party hereto, nor shall it be
construed as giving any rights or benefits hereunder to anyone other than the City of
Cherry Hills Village and the City of Englewood.
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16. This Contract is to be governed by the laws of the State of Colorado. Venue for any
proceeding brought in connection with this Contract shall be in Arapahoe County .
17. This Contract may be executed in counterparts, using manual, electronic or facsimile
signature, each of which shall be deemed an original and all of which together shall
constitute one and the same document.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first
written above.
ATTEST: CITY OF ENGLEWOOD
Loucrishia A. Ellis, City Clerk Randy P. Penn, Mayor
ATTEST:
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 6, 2014 Intergovernmental Agreement with
11 a ii City of Sheridan for Vehicle
Maintenance and Repair
Initiated By: Staff Source:
Department of Public Works Pat White, Fleet Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
An Intergovernmental Agreement that has been in place for approximately 20 years to provide vehicle
maintenance and repair for the City of Sheridan. Continuation of the contract was discussed on the July 28,
2014 Study Session.
RECOMMENDED ACTION
Staff recommends Council approve a bill for an ordinance to continue with an Intergovernmental
Agreement with the City of Sheridan for Vehicle Maintenance and Repair.
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
•
The Cities of Englewood and Sheridan have maintained an Intergovernmental Agreement for Vehicle
Maintenance and Repair for approximately 20 years. Based on Council's direction at the July 28, 2014
Study Session, staff negotiated an increase in the labor rate with Sheridan.
FINANCIAL IMPACT
Increase of labor rate from $68 per hour to $ 78 to hour. This contract provides $65,000 -$100,000 in
revenue to the City on a yearly basis.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
•
ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO . 47
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE APPROVING AN INTER GOVERNMENT AL AGREEMENT BETWEEN
THE CITY OF ENGLEWOOD, COLORADO , AND THE CITY OF SHERIDAN, COLORADO ,
WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE CITY OF SHERIDAN WITH
VEHICLE MAINTENANCE .
WHEREAS, since 1992 the City of Englewood has serviced vehicles for other governmental
entities; and
WHEREAS, the City of Englewood and the City of Sheridan entered into an intergovernmental
agreement whereby Englewood provided Sheridan with vehicle maintenance by the passage of
Ordinance No. 3, Series of 2004/2005 and Ordinance No . 10, Series of 2010 ; and
• WHEREAS, the Contract authorized the extension of the services for three additional one year
•
periods to be negotiated by the City Manager or his designee; and
WHEREAS, the City of Englewood and the City of Sheridan desire to continue such agreement
whereby Englewood shall provide the City of Sheridan with maintenance of their vehicles; and
WHEREAS, the passage of this proposed Ordinance authorizes an Intergovernmental
Agreement between Englewood and the City of Sheridan for maintenance of their vehicles for a
one year period and includes a provision for an extension of services for three additional one year
periods;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The intergovernmental agreement between the City of Sheridan, Colorado, and the
City of Englewood, Colorado, for vehicle maintenance, attached as "Exhibit A ", is hereby accepted
and approved by the Englewood City Council.
Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the
intergovernmental Agreement for and on behalf of the City of Englewood, Colorado.
Section 3 . The City Manager is authorized to negotiate and sign and the City Clerk to attest and
seal any extensions of this Contract for three additional one year periods for and on behalf of the
City of Englewood, Colorado;
Introduced, read in full, and passed on first reading on the 6th day of October, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
October, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
October, 2014 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 6th day of October, 2014.
Loucrishia A. Ellis
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CONTRACT
TIDS AGREEMENT, entered into this tf"1 day of Q.u~2014 by and between
the City of Englewood, whose address is 1000 Englewood Parl&ray, Englewood, Colorado 80110
and the City of Sheridan, whose address is 4101 South Federal Boulevard, Englewood, Colorado
80110 .
TERMS OF CONTRACT
NOW THEREFORE, IT IS AGREED by and between the City of Englewood and the City of
the City of Sheridan that:
1. The City of Englewood, Colorado shall perform the following services:
2 .
3.
The City of Englewood shall perform all necessary repairs and maintenance on
the vehicles owned by the City of the City of Sheridan to the satisfaction of the
City of Sheridan, and the City of the City of Sheridan shall pay to the City of
Englewood for such services the sum of seventy-eight dollars ($78) per hour, in
addition to the cost to the City of Englewood of any parts or outside vendor
charges plus thirty percent (30%) handling fee.
The City of Englewood will proceed with the performance of the services called for
in Paragraph No. 1 on June 1, 2014 and the Contract shall terminate on May 31,
2015 . Three additional one ( 1) year periods may be negotiated by the City Manager
or his designee .
Some maintenance of the City of the City of Sheridan's vehicles shall be performed
by the City of Englewood according to a schedule to be made by the City of The City
of Sheridan and approved by the City of Englewood as part of this agreement, and
shall include work requested by the City of Sheridan or work identified by
Englewood during inspection of the vehicle.
4. The City of Englewood shall repair any vehicles of the City of The City of Sheridan
delivered to the City of Englewood for that purpose in a good, workmanlike manner.
5. The City of Englewood and the City of the City of Sheridan agree not to: refuse to
hire, discharge, promote, demote or discriminate in any matter of compensation;
performance, services or otherwise, against any person otherwise qualified solely
because of race, creed, sex, color, national origin or ancestry.
6. This Contract may not be modified, amended or otherwise altered unless mutually
agreed upon in writing by the parties.
7. The City of Englewood by and through its employees and agents shall be considered
for all purposes of the Contract, to be independent contractors and not employees of
the City of The City of Sheridan.
8. The City of Sheridan by and through its employees and agents shall be considered for
all purposes of the Contract, to be independent contractors and not employees of the
City of Englewood.
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9. The City of Englewood shall not assign or transfer its interest in the Contract without
the written consent of the City of Sheridan. Any unauthorized assignment or transfer
shall render the Contract null, void and of no effect as to the City of Sheridan.
10 . Neither party shall not assign or transfer its interest in the Contract without the
written consent of the other party. Any unauthorized assignment or transfer shall
render the Contract null, void and of no effect.
11. The City of Englewood shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of the repairs under the Contract.
The City of Englewood shall, without additional compensation, correct or revise any
errors, omissions, or other deficiencies in its services related to the Contract.
12. Either party of the Contract may terminate the Contract by giving to the other party
30 days notice in writing with or without good cause shown. Upon delivery of such
notice by the City of Sheridan to the City of Englewood and upon expiration of the
30 day period, the City of Englewood shall discontinue all services in connection
with the performance of the Contract. As soon as practicable after receipt of notice
of termination, the City of Englewood shall submit a statement, showing in detail the
services performed under the Contract to the date of termination. The City of
Sheridan shall then pay the City of Englewood promptly that proportion of the
prescribed charges which the services actually performed under the Contract bear to
the total services called for under the Contract, less such payments on account of the
charges as have been previously made.
13 . All notices and communications under the Contract to be mailed or delivered to the
City of Englewood shall be to the following address:
Director of Public Works
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
All notices and communications pertaining to the Contract shall be mailed or
delivered to the City of Sheridan at the following address:
'Dev l rJ G~Ao.Jbec~
City of Sheridan
4101 South Federal Boulevard
The City of Sheridan, Colorado 80ll0
14 . The terms and conditions of the Contract shall be binding upon each City, its
successors and assigns .
15. Nothing herein shall be construed as creating any personal liability on the part of any
officer or agent of any public body which may be party hereto, nor shall it be
construed as giving any rights or benefits hereunder to anyone other than the City of
Sheridan and the City of Englewood.
-2-
•
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•
•
16. This Contract is to be governed by the laws of the State of Colorado. Venue for any
proceeding brought in connection with this Contract shall be in Arapahoe County.
17. This Contract may be executed in counterparts, using manual, electronic or facsimile
signature, each of which shall be deemed an original and all of which together shall
constitute one and the same document.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first
written above.
ATTEST: CITY OF ENGLEWOOD
Loucrishia A. Ellis, City Clerk Randy P . Penn, Mayor
ATTEST:
-3-
• COUNCIL COMMUNICATION
Date Agenda Item Subject
October 6, 2014 11 a iii Bill For An Ordinance Establishing
The 2014 Mill Levy Collected in
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 public hearing to gather citizen input regarding the 2015 Proposed Budget was held on September 15,
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 this bill for an ordinance establishing the 2014 City of Englewood Mill
Levy to be collected in 201 5.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood assesses property tax for the general government operations and for the General
Obligation Bonds Debt Service Fund. TABOR restricts the City from raising the mill levy without a vote of
the citizens. The City's general mill levy has been unchanged since 1992. This year's General Fund mill levy
remains unchanged at 5.880 mills . The 2014 levy is certified to Arapahoe County by December 15, 2014
for collection in 2015 .
•
FINANCIAL IMPACT
Based on the assessed v aluation for the City of En glewood as certified by the Arapahoe County Assessor,
the estimated net assessed value of all properties in Englewood for 2014 is $497,290,21 7 compared to
$498,726,880 for 2013. The 2014 mill for General Fund operations is 5.880 mills and 2 .244 mills for the
General Obligation Bonds Debt Service Fund . The total mill levy is 8 .124 for 2014 collected in 2015 . The
total amount budgeted for the General Fund is $2,900,000 (net of uncollectibles, abatements, etc.). The
amount budgeted for the General Obligation Bonds Debt Service Fund is $1 , 107,000 (net of uncollectibles,
abatements, etc.).
A homeowner with a $200,000 dollar home in Englewood would pa y the following to the City of
Englewood :
Market Value
Assessment Ratio
Assessed Value
General Operations Mill Lev y
Taxes Paid For General Fund Operations
Market Value
Assessment Ratio
Assessed Value
Community Center Bond Fund Mill Levy
Taxes Paid For General Obligation Bonds
Market Value
Assessment Ratio
Assessed Value
Total Mill Lev y
Total Taxes Paid To City Of Englewood
LIST OF ATTACHMENTS
Proposed bill for an ordinance
$200,000
7.96 %
$15 ,920
5.880
$93.61
$200,000
7.96%
$15,920
2.244
$35.72
$200,000
7.96 %
$15 ,9 20
8 .124
$129.33
•
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 51
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE
ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the
Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual property levy
for City purposes; and
WHEREAS, the City Council has duly considered the estimated valuation of all the taxable
property within the City and the needs of the City and of each of said levies and has determined
that the levies as hereinafter set forth, are proper and wise; and
• WHEREAS, the following levies are permitted under Article X, Section 20 of the Colorado
•
Constitution without a vote by the citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. That there be and hereby is levied for the year of 2014, due and payable as required
by statute in the year 2015, a tax of 5.880 mills on the dollar for the General Fund of the City of
Englewood, Colorado, and 2.244 mills on the dollar for the General Obligation Bond Debt Service
Fund of the City of Englewood, Colorado.
That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of
all taxable property within the corporate limits of the City of Englewood, Colorado, and the said
levy shall be certified by law.
Introduced, read in full, and passed on first reading on the 6th day of October, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
October, 2014 .
1
Published as a Bill for an Ordinance on the City 's official website beginning on the 8th day of •
October, 2014 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 6th day of October, 2014 .
Loucrishia A. Ellis
2
•
•
• COUNCIL COMMUNICATION
Date Agenda Item Subject
October 6, 2014 11 a iv Bill For An Ordinance Adopting the
Budget 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 (L TAR) 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 public hearing to gather citizen input regarding the 2015 Proposed Budget was held on September 15,
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 adopting the 2015 Budget.
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 2015 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.
~
1aff 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 $10,588
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 2015 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 offunds of $41,920,024 and total
uses of funds 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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•
•
•
BY AUTHORITY
ORDINANCE NO .
SERIES OF 2014
COUNCIL BILL NO. 54
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD,
COLORADO, FOR FISCAL YEAR 2015.
WHEREAS, pursuant to the provisions of Part I, Article X, of the Charter of the City of
Englewood, Colorado, a budget for fiscal year 2015 was duly submitted by the City Manager to the
City Council on September 8, 2014; and
WHEREAS, a public hearing on said budget was held by the City Council within three weeks
after its submission at the meeting of the City Council on September 15, 2014. Regular notice of
the time and place of said hearing was published within seven days after submission of the budget
in the manner provided in the Charter for the publication of an ordinance; and
WHEREAS, the City Council of the City of Englewood has studied and discussed the budget on
numerous occasions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. That the budget of the City of Englewood, Colorado, for fiscal year 2015, as
submitted by the City Manager, duly considered by the City Council and with changes made by the
City Manager to reflect Council discussion after public hearing, is adopted as the budget for the
City of Englewood for the fiscal year 2015.
Section 2. GENERAL FUND
Total Fund Balance, January 1, 2015
Sales/Use Tax
Property and Specific Ownership Tax
Franchise/Occupation/Cigarette Tax/Hotel
License/Permits
Intergovernmental Revenue
Charges for Services
Cultural & Recreation
Fines & Forfeitures
Interest
Contribution from Component Units
1
2015BUDGET
$ 10,416,386
Revenues
24,200,000
3,160,000
3,208,550
1,107,122
1,350,611
3,318,899
2,556,900
1,396,844
88,164
858,882
Other 329,413 • Total Revenues $ 41,575,385
Other Financing Sources 294,326
Total Sources of Funds $ 41,869,711
Exgenditures
Legislation 355,852
City Manager's Office 731,307
City Attorney's Office 869,106
Municipal Court 1,085,494
Human Resources 482,893
Finance and Administrative Services 1,805,052
Information Technology 1,425,389
Community Development 1,288,781
Public Works 5,790,091
Police 12,157,100
Fire 8,917,066
Library Services 1,317,657
Parks and Recreation Services 6,053,116
Contingencies 200,000
Debt Service 1,863,314
Total Uses of Funds $ 44,342,218
Total Fund Balance, December 31, 2015 $ 7,943,879 •
Section 3. SPECIAL REVENUE FUNDS
Conservation Trust Fund
Fund Balance, January 1, 2015 $ 88,094
Revenues $ 310,000
Expenditures $ 375,000
Fund Balance, December 31, 2015 $ 23,094
Community Develogment Fund
Fund Balance, January 1, 2015 $ -0-
Revenues $ 360,000
Expenditures $ 360,000
Fund Balance, December 31, 2015 $ -0-
•
2
•
•
•
Donors Fund
Fund Balance, January 1, 2015
Revenues
Expenditures
Fund Balance, December 31, 2015
Parks and Recreation Trust Fund
Fund Balance, January 1, 2015
Revenues
Expenditures
Fund Balance, December 31, 2015
Malley Center Trust Fund
Fund Balance, January 1, 2015
Revenues
Expenditures
Fund Balance, December 31, 2015
Open Space Fund
Fund Balance, January 1, 2015
Revenues
Expenditures
Fund Balance, December 31, 2015
Section 4. DEBT SERVICE FUND
General Obligation Bond Fund
Fund Balance, January 1, 2015
Revenues
Expenditures
Fund Balance, December 31, 2015
3
$ 350,233
$ 88,540
$ 283,000
$ 155,773
$ 457,711
$ 16,300
$ 365,000
$ 109,011
$ 188,088
$ 7,000
$ 75,000
$ 120,088
$ 63,177 .
$ 665,000
$ 663,000
$ 65,177
$ 46,876
$ 1,107,000
$ 1,110,313
$ 43,563
Section 5 . CAPITAL PROJECT FUNDS • Public Improvement Fund
Fund Balance, January 1, 2015 $ 171,857
Revenues $ 3,109,000
Expenditures and Transfers $ 3,244,326
Fund Balance, December 31, 2015 $ 36,531
Capital Projects Fund
Fund Balance, January 1, 2015 $ 23,018
Revenues and Transfers In $ 703,000
Expenditures $ 704,602
Fund Balance, December 31, 2015 $ 21,416
Section 6. ENTERPRISE FUNDS
Water Fund
Fund Balance, January 1, 2015 $ 9,121,504
Revenues $ 8,519,956
Expenditures $ 9,808,593
Fund Balance, December 31, 2015 $ 7,832,867
Sewer Fund • Fund Balance, January 1, 2015 $ 1,639,312
Revenues $ 16,207,602
Expenditures $ 16,927,366
Fund Balance, December 31, 2015 $ 919,548
Storm Drainage Fund
Fund Balance, January 1, 2015 $ 1,030,219
Revenues $ 329,013
Expenditures $ 340,614
Fund Balance, December 31, 2015 $ 1,018,618
Golf Course Fund
Fund Balance, January 1, 2015 $ 448,750
Revenues $ 1,968,498
Expenditures $ 2,230,778
Fund Balance, December 31, 2015 $ 186,470
Concrete Utility Fund
Fund Balance, January 1, 2015 $ 329,851
Revenues $ 884,200 •
4
• Expenditures $ 880,493
Fund Balance, December 31, 2015 $ 333,558
Housing Rehabilitation Fund
Fund Balance, January 1, 2015 $ 1,570,415
Revenues $ 1,000,000
Expenditures $ 1,000,000
Fund Balance, December 31, 2015 $ 1,570,415
Section 7. INTERNAL SERVICE FUNDS
Central Services Fund
Fund Balance, January 1, 2015 $ 67,141
Revenues $ 316,900
Expenditures and Transfers $ 341,307
Fund Balance, December 31, 2015 $ 42,734
Servicenter Fund
Fund Balance, January 1, 2015 $ 1,171,256
Revenues $ 2,581,233
Expenditures and Transfers $ 3,389,622
Fund Balance, December 31, 2015 $ 362,867 • Cagital Eguigment R!mlacement Fund
Fund Balance, January 1, 2015 $ 1,575,032
Revenues and Transfers In $ 998,000
Expenditures $ 1,841,449
Fund Balance, December 31, 2015 $ 731,583
Risk Management Fund
Fund Balance, January 1, 2015 $ 26,288
Revenues $ 1,535,568
Expenditures $ 1,531,899
Fund Balance, December 31, 2015 $ 29,957
Emgloyee Benefits Fund
Fund Balance, January 1, 2015 $ 42,335
Revenues $ 6,553,501
Expenditures $ 6,553,714
Fund Balance, December 31, 2015 $ 42,122
Section 8. That the said budget shall be a public record in the office of the City Clerk and shall • be open to public inspection. Sufficient copies thereof shall be made available for the use of the
City Council and the public, the number of copies to be determined by the City Manager.
5
Introduced, read in full, and passed on first reading on the 6th day of October 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
October, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
October, 2014 for thirty (30) days .
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 6th day of October, 2014.
Loucrishia A. Ellis
6
•
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••
• COUNCIL COMMUNICATION
Date Agenda Item Subject
October 6, 2014 11 av 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 (LT AR) 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 public hearing to gather citizen input regarding the 2015 Proposed Budget was held on September 15,
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 2015 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 $10,588
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 2015 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 of funds 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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•
ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 55
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
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 ofrevenue 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 Manager's 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
1
$ 355,852
731,307
869,106
1,085,494
482,893
1,805,052
1,425,389
1,288,781
5,790,091
12,157,100
8,917,066
1,317,657
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 $
DONORS FUND
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
44,342,218
375,000
360,000
283,000
365,000
75,000
663,050
1,110,313
3,244,326
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• CAPITAL PROJECTS FUND
Total Capital Projects Fund $ 704,602
WATER FUND
Total Water Fund $ 9,808,593
SEWER FUND
Total Sewer Fund $ 16,927,366
STORM DRAINAGE FUND
Total Storm Drainage Fund $ 340,614
GOLF COURSE FUND
Total Golf Course Fund $ 2,230,778
CONCRETE UTILITY FUND • Total Concrete Utility Fund $ 880,493
HOUSING REHABILITATION FUND
Total Housing Rehabilitation Fund $ 1,000,000
CENTRAL SERVICES FUND
Total Central Services Fund $ 341,307
SERVICENTER FUND
Total ServiCenter Fund $ 3,389,622
CAPITAL EQUIPMENT REPLACEMENT FUND
Total Capital Equipment Replacement Fund $ 1,841,449
RISK MANAGEMENT FUND • Total Risk Management Fund $ 1,531,899
3
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 not 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, and passed on first reading on the 6th day of October, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
October, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
October, 2014 for thirty (30) days .
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 6th day of October, 2014 .
Loucrishia A. Ellis
4
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• COUNCIL COMMUNICATION
Date Agenda Item Subject
October 6, 2014 11 a vi Bill For An Ordinance Adopting
The Budget For The
Littleton /Englewood Wastewater
Treatment Plant 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 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 public hearing to gather citizen input regarding the 201 5 Proposed Budget was held on September 15,
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 adopting the Littleton/Englewood
Wastewater Treatment Plant Budget for fiscal year 2014.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City Council of the City of Englewood acts as administering authority for the Littleton /Englewood
Wastewater Treatment Plant. A part of the duties include adopting bills for ordinances for the 2015 Budget
and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year .
FINANCIAL IMPACT
The 2015 Littleton /Englewood Wastewater Treatment Plant Budget indicates a beginning funds available
balance of $115,67 4, total sources of funds of $16, 126,652, and total uses of funds of at $16, 126,652,
leaving the ending funds available balance at $115,674.
The total appropriation (use of funds) for 2015 is $16, 126,652.
LIST OF ATTACHMENTS
Proposed Bill for Ordinance
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 52
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT FOR FISCAL YEAR2015.
WHEREAS, a public hearing on said budget was held by the City Council within three weeks
after its submission on September 8, 2014. The hearing was held at the meeting of City Council on
September 15, 2014, regular notice of the time and place of said hearing having been published
within seven days after the submission of the budget in the manner provided in the Charter for the
publication of an ordinance; and
WHEREAS, pursuant to the provisions of an agreement between the City of Littleton,
Colorado, and the City of Englewood, Colorado, a budget for fiscal year 2015 was reviewed by the
Littleton/Englewood Wastewater Treatment Plant Supervisory Committee and recommended it be
submitted to the City Council at their meeting; held on July 17, 2014; and
WHEREAS, the City Council of the City of Englewood, as the administering authority for the
Littleton/Englewood Wastewater Treatment Plant, has studied the budget on numerous occasions;
and
WHEREAS, it is the intent of the City Council to adopt the 2015 budget for the
Littleton/Englewood Wastewater Treatment Plant as now submitted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. That the budget of the Littleton/Englewood Wastewater Treatment Plant for fiscal
year 2015, as submitted by the Littleton/Englewood Wastewater Treatment Plant Supervisory
Committee and duly considered by the City Council after public hearing, is hereby adopted as the
budget for the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2015, as
follows:
Littleton/Englewood Wastewater Treatment Plant
Fund Balance-January 1, 2015
Revenues
Expenditures
Fund Balance -December 31, 2015
1
$
$
$
$
115,674
16,126,652
16,126,652
115,674
Section 2 . That the said budget as accepted shall be a public record in the Office of the City •
Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for
the use of the City Council and the public, the number of copies to be determined by the City
Manager.
Introduced, read in full , and passed on first reading on the 6th day of October, 2014.
Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 10th day of
October, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
October, 2014 for thirty (30) days .
Randy P . Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the •
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 6th day of October, 2014 .
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date
October 6, 2014
Initiated By
Agenda Item
11 a vii
Department of Finance and Administrative Services
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Subject
Bill For An Ordinance
Appropriating Funds For The
Littleton/Englewood Wastewater
Treatment Plant For Fiscal Year
2015
Staff Source
Frank Gryglewicz, Director
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.
• public hearing to gather citizen input regarding the 2015 Proposed Budget was held on September 15, 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 the
Littleton /Englewood Wastewater Treatment Plant for fiscal year 2015 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City Council of the City of Englewood acts as administering authority for the Littleton /Englewood Wastewater
Treatment Plant, a part of the duties include adopting bills for ordinances for the 2015 Budget and Appropriation
Ordinance no later than thirty days prior to the first day of the next fiscal year.
FINANCIAL IMPACT
The 2015 Littleton /Englewood Wastewater Treatment Plant Budget indicates a beginning funds available balance
of $115,67 4, total sources of funds of $16, 126,652, and total uses of funds of at $16, 126,652, leaving the ending
funds available balance at $115,674.
The total appropriation (use of funds) for 2015 is $16, 126,652.
LIST OF ATTACHMENTS
.Proposed bill for ordinance
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ORDINANCE NO .
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO . 53
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING
JANUARY 1, 2015, AND ENDING DECEMBER 31 , 2015 , CONSTITUTING WHAT IS
TERMED THE ANNUAL APPROPRIATION BILL FOR FISCAL YEAR 2015.
WHEREAS, the Cities of Englewood and Littleton entered into a contract to build, maintain,
and operate a joint Wastewater Treatment Plant facility; and
WHEREAS, the operations, including budget matters, of this joint facility are overseen by the
Supervisory Committee; and
WHEREAS, the City of Englewood operates the Littleton/Englewood Wastewater Treatment
Plant under the control of the Supervisory Committee; and
WHEREAS , the Littleton/Englewood Wastewater Treatment Plant has its own fund for
operations and maintenance; and
WHEREAS, the Supervisory Committee recommended the submission of the following as the
2015 appropriations at their meeting held on July 17, 2014.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Section 1. That pursuant to the Littleton/Englewood Wastewater Treatment Plant agreement,
there be and hereby is appropriated from the revenue derived from operation of the
Littleton/Englewood Wastewater Treatment Plant in the City of Englewood, Colorado, and from all
other sources ofrevenue in the Littleton/Englewood Wastewater Treatment Plant Fund including
available fund balance during the year beginning January 1, 2015, and ending December 31, 2015 ,
the amounts hereinafter set forth for the object and purpose specified as follows :
Total Littleton/Englewood Wastewater Treatment Plant Fund $ 16 ,126,652
Introduced, read in full , and passed on first reading on the 6th day of October, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
October, 2014.
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Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of •
October, 2014 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 6th day of October, 2014.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date:
October 6, 2014
Agenda Item:
11 a viii
Initiated By:
Fire Department
Subject:
EMTS Provider Grant Award FY 2014
Staff Source:
Andrew Marsh, Fire Chief
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On February 3, 2014, City Council approved Resolution 35 authorizing the application of a grant from the
Colorado Department of Public Health and Environment (CDPHE) to assist in the purchase of three new
LifePak 15 cardiac monitor/defibrillators. The project to replace this vital equipment is contained in the 2014
approved budget and helps maintain the Fire Department's emergency medical services (EMS) at the same
high level that the City and its citizens have come to expect.
RECOMMENDED ACTION
Staff recommends Council adopt a bill for an ordinance authorizing the acceptance of a $48,669.87 grant
award from the CDPHE to assist in the purchase of three new Lifepak 15 cardiac monitor/defibrillators with
associated equipment and extended warranty package. This project requires a 50 percent match by our City
in the amount of $48,669.88, which is included in the 2014 approved budget.
.ACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Colorado Emergency Medical and Trauma Services (EMTS) Provider Grant program, a part of CDPHE, is
intended to assist public and private organizations in maintaining, improving and expanding the emergency
medical and trauma services system in Colorado.
The monitor/defibrillators currently in use by the Fire Department are experiencing an increasing level of
down time per unit due to age and high usage, and Physio Control is no longer supporting the older units.
New Lifepak 15s are necessary for the Fire Department to continue to perform acceptably the advanced life
support care that comprises about 83 percent of the EMS call volume.
The Lifepak 1 5 model is currently in its fourth year, allowing the company to work out any initial problems
and have all the enhancements that keep the equipment on the technological cutting edge. The new model
is similar to our current Lifepaks which enables a smooth operational transition, and our neighboring entities
all work with the new Lifepak1 5s, so this will allow cross-staffed calls to run more efficiently.
FINANCIAL IMPACT
The final bid from Physio Control for the three Lifepak 15s is $97,339.75. The EMTS provider grant award is
for 50 percent of this total or $48,669.87. The City's required 50 percent match is within the approved 2014
budget for this project.
LIST OF ATTACHMENTS
.hysio Control Quote
Proposed Bill for an Ordinance
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To ;
PHYSIO
CONTROL
Steve Green
Englewood Fire Department
3615 South Elall Street
ENGLEWOOD . CO 80110
Phone : (303) 762·2470
sgreen@lnglewoodgov.org
Contract: None
Quote#:
Rev#:
Quote Date :
Sales Consultant:
FOB :
Terms :
Exp Date:
Physlo-Control, Inc.
11811 W~lows Road NE
P.O . Box 97023
Redmond , WA 98073·9723 U.S.A
www.physlo-conlrol .com
tel 800.442 .1142
fax 800 .732 .0956
1-26973sns
3
09/1712014
Nikki Kroner
800-442· 1142 x 72793
Redmond , WA
All quotes subject to credit approval and
the following terms & conditions
12/16/2014
Line Catalog# I Descriptmn Qty Price Unit 0,sc Trade -In Unit Price Ext Tota l
99577-001255 • LP15 MONITOR/DEFIS, CPR, 3 $29.995 .00 $5 .39910 $0 .00 $24 ,595 90 $73,787 .70
Pace, to 360j, SP02, 12L GL, NtBP, C02,
Trend, BT
THE LIFEPAK 15 IS AN AOAPTIV B IPHASIC FULLY
ESCALATING (TO 360 JOULES) MULTI-PARAMETER
MONITOR/DEFIBRILLATOR .
INCLUDED AT NO CHARGE : 2 PAIR QUIK·COMBO
ELECTRODES PER UNIT· 11996·000091 , TEST LOAD
• 21330.001365 , IN.SERVICE DVD· 21330-001486 ,
SERVICE MANUAL CD· 21300-008064 (one per Older)
and ShlpKll· 41577 -000138 .
HARD PADDLES. BATIERIES ANO CARRYING CASE
NOT INCLUDED.
2 11577..000004 ·STATION BATIERY 2 $1.682 .00 $252.30 $0 .00 $1 ,42'9 .70 $2,859 .40
CHARGER
AC OPERATION FOR STATIONARY APPLICATIONS ,
FOR USE WITH THE LI-ION 5.7 AMP BATIERY.
INCLUDES AC POWER CORD, MOUNTING BRACKET
AND OPERATING INSTRUCTIONS
3 21330-001176 ·LI-ION BATTERY 5.7 AMP 9 $424 .00 $63.60 $0 .00 $360 .40 $3 ,243.60
HOUR CAPACITY
RECHARGEABLE LITHIUM-ION , WITH FUEL GAUGE
4 11140·000072 • LP15 AC Power Supply $1 ,524 .00 $228 .60 $0 .00 $1.295 .40 $1 ,295 .40
5 11140-000080 • CABLE-EXTERNAL POWER, $274 .00 $41 .10 $0 .00 $232 .90 $232 .90
EXTENSION
CABLE-EXTERNAL POWER, EXTENSION
" 11140-000015-AC POWER CORD $7300 $1095 $000 $62 .05 $6205
7 11171-000040 • M·LNCS PDTX,PED $350 .00 $52.50 S0 .00 $297.50 $297 .50
ADHESIVE SENSOR,20/BOX, REF 2510
M·LNCS PED ADHESIVE SENSOR ,20/BOX, REF 251 O
8 11171-000046 • M·LNCS DCI , ADULT 3 $295 .00 544.25 $0 .00 $2!0.75 $752.25
REUSABLE SENSOR, REF 2501
M·LNCS DCl,ADULT REUSABLE SENSOR. REF 2501
9 11160-000003 • NIBP CUFF· 3 $24 .00 $3 .60 $0 .00 $20 .40 $61 .20
REUSEABLE,CHILD
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Quote#:
Rev#:
Quote Pmducrs lconUnu!tdJ Quote Date .
1.2s9739ng
3
09/1712014
Line Catalog# I Descrip!ion Qty Price Unit Disc Trade-In Unit Price Ext Total
10 11160-000007 • NIBP CUFF-3 S32 .00 $480 SO .DO $27 .20 $81 .60
REUSEABLE,LARGE ADULT
11 21300·007299 • NIBP TUBING· 9 FOOT 3 S54 .0D $8 .10 SO.OD $45 .90 S137 .70
FOR USE WITH LIFEPAK 15
MONITOR/DEFIBRILLATOR
12 11577-000002 • LIFEPAK 15 Basic Carry Case 3 $284.00 $42 .60 SO.OD S241.40 S724 .20
w/ right & left pouches
Includes shoulder strap 11577.000001
13 11220-000028 -Top Pouch 3 $50 .00 $7.50 $0 .00 $42 .50 $127.50
Storage for sensors and eledrodes . Insert In place of
standard paddles .
14 11260-000039-LP15 Rear Pouch for carrying 3 S73.00 $10.95 $0 .00 $62 .05 $186 .15
case
15 LP15-0SCOMP-3up • LIFEPAK 15 POS 3 $5,040 .00 $604 .80 $0 .00 $4,435 .20 $13,30560
Service Contract • 3 YEAR. On-site
Comprehensive Coverage. Price per unll
Pricing conllngent on payment In full up front.
16 50999-000117 ·ZONE TRAVEL CHARGE: 3 $0 .00 SO .OD SO.OD $0 .00 SO .OD
ZONE1
SUBTOTAL $97,154.75
ESTIMATED TAX $0.00
ESTIMATED SHIPPING & HANDLING $185.00
GRAND TOTAL $97,339.75
Pricing Summary Totals
List Price: $116,942 .00
Cash Discounts : • $19,787 .25
Tax+S&H : + $185 .00
GRAND TOTAL FOR THIS QUOTE $97,339.75
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TO PLACE AN ORDER, PLEASE FAX A COPY OF THE QUOTE AND PURCHASE ORDER TO:
# 800-732-0956, ATTN: REP SUPPORT
PHYSIC-CONTROL, INC . REQUIRES WRITTEN CUSTOMER APPROVAL (AUTHORIZED SIGNATURE)
VERIFICATION OF THIS ORDER.A PURCHASE ORDER IS
REQUIRED ON ALL ORDERS $10.000 OR GREATER BEFORE NAME
APPLICABLE FREIGHT AND TAXES .THE UNDERSIGNED IS
AUTHORIZED TO ACCEP T THIS ORDER IN ACCORDANCE TITLE
WITH THE TERMS ANO PRICES DENOTED HEREIN . SIGN TO
THE RIGHT: DATE
Ref. Code : JV/03871501/1-4GLGJH
~
Taxes , shipping and handling fees are estimates only and are subject to change at the lime of order. Shipping and handling applies to ground
transport only. Physic-Control will assess a $1 O handting fee on any order less lhan $200 .00 .
Above pricing valid only If au Items in quote are purchased (optional Items not requ ired).
To receive a trade-In credit , Buyer agrees to relurn the trade-In devlce(s) within 30 days of receipt of the replacement devlce(s) to Physlo ·
Control's place of business or to an authorized Physlo-Control represenlative . Physlo-Control wiN provide lnstrucllons for returning the
device(s) and wlR pay for the associated shipping cost.
In the event that trade .in device(s) are not rece ived by Physic-Control within the 30-day window, Buyer acknowledges that this quote shall
conslilute a purchase order and agrees to be invoiced for the amount of the trade -In discount. Invoice shall be payable upon receipt
Items listed above at no change are Included as part of a package discount that Involves the purchase of a bundle of Items . Buyer Is solely
respons ible for appropriately allocating the discounl extended on the bundle when fulfilling any reporting obllgallons It might have .
If Buyer Is ordering service , Buyer aftirms reading and accepts Ille tenns of the Physlo -Control , Inc. Technical Service Support Agreement
which is available from your sales representative or http:/lwww.physlo-control.com/uploadedFlles/products/servlce-
Plans/TechnlcalServlceAgreement .pdf
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TERMS OF SALE
Gencnl Terms
Physlo-Control, lnc.'s acceptance or the Buyer's order Is expressly conditioned on product avallablllty and the Buyer's assent to the tenns
set forth In this document and Its attachments . Physlo·Control, Inc. agrees to fumlsh the goods and services ordered by the Buyer only on
these terms, and the Buyer's acceptance of any portion or the goods and sE!Mces covered by this document shall confinn their acceptance
by the Buyer. These tenns constitute the complete agreement between the partles and they shall govem any conmcllng or ambiguous lenns
on the Buyer's purchase order or on other documents submitted to Physlo-Control, Inc . by the Buyer. These terms may only be revised or
amended by a written agreement signed by an authorized representative or both parties .
Prltiai
Unless otherwise Indicated In this document, prices of goods and services covered by this document shall be Physlo-Control . Inc . standard
prices In effect at the Hme of dellvery. Prices do not include freight Insurance, freight forwarding fees, taxes, duties . Import or export pennll
fees. or any other similar charge of any kind appllcable to the goods and services covered by this document . Sales or use taxes on
domestic (USA) deliveries wiU be Invoiced In addition to the price of the goods and services covered by this document unless Physlo·
Control, Inc. receives a copy of a valld an exemption certificate prior to delivery. Please foiward you-tax exemption certificate to the Physic·
Control , Inc . Tax Department P.O . Box 97006, Redmond, Washington 98073-9706 .
P1ymrnt
Unless otheiwise indicated In this document or otherwise confirmed by Physlo-Control, Inc. In writing, payment for goods and services
supplied by Physlo-Control, Inc . shall be subject to the foaowtng tenns:
• Domestic (USA) Sales -Upon approval of credit by Physlo-Control, Inc .• 100% of Invoice due thirty (30} days after Invoice date .
tnlematlonal Sales -Slghl draft or acceptable (confirmed) Irrevocable letter of credit.
Physlo-Control , Inc. may change the terms of payment al any time prior to delivery by providing written notice to the Buyer.
~livery
Unless otherwise Indicated In this document, delivery shall be FOB Physlo-Control, Inc . point of shipment and Utle and risk of loss shall pass
to the Buyer at that point. Partial deliveries may be made and partial invoices shan be permitted and shaU become due in accordance with
the payment tenns . In the absence of shipping instructions from the Buyer, Physlo-Control , Inc. wll obtain transportallon on the Buyer's
behalf and for the Buyer's account .
IRl•y1
Delivery dales are approximate . Physlo-Control, Inc . will not be liable for any loss or damage of any kind due to delays In delivery or non-
deWvery resulting from any cause beyond Its reasonable conlrol, Including but not limited to . acts of God , labor disputes , the requirements of
any governmental author11y, war, civil unrest. terrorist acts. delays In manufacture, obtaining any required license or pennlt, and Physlo-
Control, Inc . inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physic-Control . Inc. and the
Buyer's agreement and the delivery dates shall be extended for the length of such delay.
Inspections Hd Rctuns
Claims by the Buyer for damage to or shottages of goods delivered shall be made within thirty (30} days after shipment by providing Physlo-
Control, Inc. with written notice of any deficiency. Payment Is not contingent upon Immediate correcUon of any deficiencies and Physic·
Control. Inc. prior approval is required before the return of any goods to Physio-Control , Inc . Physlo-Control. Inc . reserves the right to charge
a 15% restocking fee for returns . The Physio-Control Returned Product Polley is located at
http ;/twww.physlo-control.com/uploadedFlles/support/RetumPollcy_3308529_A .pdf.
Scrvltc Terms
AU device service will be governed by the Physio-Control, Inc . Technical Services Support Agreement which Is available from your sales
representative or hHp:/twww.physlo-control.com/uploadedFlles/products/servlce-plansfTechnlcalServlceAgreemenLpdf. All devices that are
not ooder Physlo-Control Limited Warranty or a current Technlcal Service Support Agreement must be Inspected and repaired (if necessary)
to meet original specifications al then-current llst prices prior to being covered under a Technical Service Support Agreement. If Buyer Is
ordering service . Buyer affinns reading and accepts the tenns of the Technical Service Support Agreement.
W1rnuly
Physlo-Control . Inc . warrants Its products in accordance with the terms of the standard Physlo-Conlrol, Inc. product warranty applicable to
the product to be supplied . Physlo-Control . Inc. warrants services and replacement parts provided in performing such services against
defects in accordance with the terms of the Physlo-Control, Inc. service warranty set forth In the Technical Service Support Agreement. The
remedies provided under such warranlles shall be the Buyer 's sole and exclusive remedies . Physlo-Control, Inc. makes no other warranties.
express or Implied , Including, without limitation. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
AND IN NO EVENT SHALL PHYSIO-CONTROL , INC . Be LIABLE FOR INCIDENTAL. CONSEQUENTIAL, SPECIAL OR OTHER
DAMAGES .
P1tenl & Indemnity
Upon receipt of prompt notice from lhe Buyer and with the Buyer's authority and assistance . Physlo-Control, Inc . agrees to defend,
Indemnify and hold the Buyer hannless against any claim that the Physlo-Control. Inc. products covered by this document directly infringe
any United States of America patent.
l\llscdlaneous
a) The Buyer agrees lhat products purchased hereunder will not be reshipped °' resold to any persons or places prohibited by the laws of
the United States of America. b) Through the purchase of Physlo-Control , Inc. products . the Buyer does not acquire any Interest ln any
tooling, drawings , design information. computer programming, patents or copyrighted or confldenllal lnfonnatlon related to said products,
and the Buyer expressly agrees not to reverse engineer or decompile such products or related software and Information . c) The rights and
obligations of Physic-Control, Inc . and the Buyer related to the purchase and sale of products and services described In this document shal
be governed by the laws or the State of Washington , United Slates or America . All costs and expenses Incurred by the prevailing party
related to enforcement or Its rights under this document , Including reasonable attorneys fees , shall be reimbursed by the other party.
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 57
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE AUTHORIZING ACCEPTANCE OF "COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT (CDPHE) GRANT" BETWEEN THE CITY OF
ENGLEWOOD, COLORADO AND THE STATE OF COLORADO .
WHEREAS, the Colorado Emergency Medical and Trauma Services (EMTS) Provider Grant
program, a part of the Colorado Department of Public Health and Environment (CDPHE), is
intended to assist public and private organizations in maintaining, improving and expanding the
emergency medical and trauma services in Colorado; and
WHEREAS, the monitor/defibrillators currently in use by the Fire Department are
experiencing an increasing level of down time per unit due to age and high usage, and Physio
Control is no longer supporting the older units; and
WHEREAS, new Lifepak 15 cardiac monitor/defibrillators are necessary for the Fire
Department to continue to be able to perform advanced life support care that comprises about
83% of the EMS call volume; and
WHEREAS, the City Council of the City of Englewood authorized the application of a grant
from the Colorado Department of Public Health and Environment (CDPHE) to assist in the
purchase of three new Lifepak 15 cardiac monitor/defibrillators by the passage of Resolution
No .35,Seriesof2014;and
WHEREAS , the Colorado Emergency Medical and Trauma Services (EMTS) Provider Grant
has been awarded the City a grant for 50%, which is a matching grant requiring a 50% match by
the City of $48,669.88 .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
acceptance of the Colorado Emergency Medical and Trauma Services (EMTS) Provider Grant
awarded by the State of Colorado , attached hereto as Exhibit A.
Section 2. The Mayor is authorized to sign the acceptance agreement for and on behalf of the
City of Englewood, Colorado .
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Section 3. The Colorado Emergency Medical and Trauma Services (EMTS) Provider Grant funds •
are being awarded by the State of Colorado.
Introduced, read in full, and passed on first reading on the 6th day of October, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
October, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
October, 2014 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 6th day of October, 2014.
Loucrishia A. Ellis
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STATE OF COLORADO
Department of Public Health and Environment
COLOIU.00
Description:
PO F AAA FHMA2015000000000064
09/03/14
FHMA,4090,City of En
Buyer:
Email;
VENDOR
CITY OF ENGLEWOOD
1000 ENGLEWOOD PK\VY
ENGLEWOOD, CO 80110-2373
Contact: vendor
Phone: 999-999-9999
EXTENDEQ DESCRlPTION
Sf HP TO
EMERGENCY l\tIED SVCS-HPDP-EMS-A2
4300 CHERRY CREEK DRIVE SO
DENVER, CO 80246-1530
SHIPPING l~STRLCTIO.NS
Deliverynnstall Date:
F.O.B:
VENDOR INSTRUCTIONS:
FHMA,4090,City of Englewood-Englewood Fire Department, Provider Grant FY15-EMTS equipment.
Page 1of1
qf)
This a ward is made in accordance with the vendor's 2015 grant request statement of work which is incorporated
herein. The state must be invoiced within 30 days· after the ending date of this PO. The state will fund costs for each
ategory up to the amounts listed on this PO. Should the grantee realize savings, it will be shared
r ionately between rantee and state at match rate r the statement of work.
Hi!.¥J!~~;~~omm-odity/It~m (.:~e Y9M ·QTY .· · · .. '.~-:~ri!~9)5t;.> _··: .. I'o~ij Gast .·· l\1SD~ Req ..
G 1000 0 S0.00 $48,669.87 D
Description: Grant Commodity
~tart Date: 08/29/14 End Date: 06/30/15
l'E~\IS :\ND CONDlT!O~S
litfos://www.colorado.gov/osc/purchase-order-terms-conditions
DOCUMENT TOTAL= $48,669.87
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 6, 2014 11 a ix Fire Station Location Analysis
Initiated By: Fire Department Staff Source: Andrew Marsh, Fire Chief
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
At the Study Session meeting on September 8, 2014, City Council directed that staff proceed as soon as
possible with a fire station location analysis to be completed by November 2014. This action supports the
outcomes of "a City that provides and maintains quality infrastructure" and "a safe, clean, healthy and
attractive City."
RECOMMENDED ACTION
Staff recommends Council approve a bill for an ordinance authorizing an intergovernmental agreement, by
and between the Metropolitan Area Communications Center (MetCom) Authority and the City of
Englewood to approve a Proposal for Service for a Fire Station Location Analysis.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
• City Council and staff have been considering various alternatives for the future provision of fire and
emergency medical services in our City. With regard to facility capital improvements, options discussed
have included remodeling, rebuilding and /or relocating fire stations. Using geographic information system
(GIS} mapping and data analysis, the goals of this study are to identify the ideal locations for fire stations,
determine the potential impact of each station location, and provide recommendations for fire station
locations. Staff contacted MetCom about conducting the analysis within the condensed timetable
requested by City Council. As a local, quasi-governmental fire and emergency medical services dispatch
agency with extensive GIS and analytic capabilities, MetCom is uniquely qualified to be able to conduct this
quick study by the requested deadline.
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FINANCIAL IMPACT
MetCom has submitted a Proposal for Service for an amount not to exceed $7,800 and with a completion
date of October 31, 2014. This expense would be covered with the approval of a Resolution for a
Supplemental Appropriation of funds from the Unassigned Fund Balance in the General Fund.
LIST OF ATTACHMENTS
Proposed Bill for Ordinance
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 59
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH
THE METROPOLITAN AREA COMMUNICATIONS CENTER AUTHORITY (METCOM)
AND THE CITY OF ENGLEWOOD, COLORADO REGARDING A FIRE STATION
LOCATION ANALYSIS.
WHEREAS, the City has been considering various alternatives for the future provision of fire
and emergency services; and
WHEREAS, with regard to facility capital improvements, options considered have included
remodeling, rebuilding and/or relocating fire stations; and
WHEREAS, MetCom was created between the Parker Fire Protection District and South
Metro Fire Rescue, to provide emergency services communications, dispatching services, and
technology support; and
WHEREAS, MetCom was contacted concerning the possibility of using geographic
information system (GIS) mapping and data analysis, the goals of this study are to identify the
ideal locations for fire stations, determine the potential impact of each station location, and
provide recommendations for fire station locations; and
WHEREAS, MetCom is comprised of the original Organizing Members, Parker Fire
Protection District and South Metro Fire Rescue, and such additional Members as may be added
to MetCom from time to time pursuant to Article IV of the MetCom Agreement; and
WHEREAS, MetCom was contacted about conducting the analysis within the condensed
timetable requested by the Englewood City Council; and
WHEREAS, as a local quasi-governmental fire and emergency medical services dispatch
agency with extensive GIS and analytic capabilities, MetCom is uniquely qualified to be able to
conduct this quick study by the requested deadline; and
WHEREAS, Article ill, Section 3.5.4 of the MetCom Agreement authorizes MetCom to enter
into contracts with local government entities and political subdivisions of the State of Colorado;
and
WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution and Part 2, Article 1,
Title 29, C.R.S ., encourages and authorize governments to cooperate and contract with one another
to provide any function, service, or facility lawfully authorized to each .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Metropolitan Area Communications Center Fire Station Location Analysis proposal and Agreement,
attached hereto as Exhibit A.
Section 2 . The Mayor and the City Clerk are hereby authorized to sign and attest said
Metropolitan Area Communications Center Fire Station Location Analysis proposal and Agreement
for and on behalf of the City of Englewood.
Section 3. No federal funds are being used for this project.
Introduced, read in full, and passed on first reading on the 6th day of October, 2014 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
October, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of ·
October, 2014 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 6th day of October, 2014.
Loucrishia A. Ellis
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (the "Agreement; is made as of this _ day of
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____ __, 20_, (the "Effective Date") by and between Metcom , a quasi goyernmenta
corporaUon (MConsultant"), and The City of Englewood, Colorado, a municipal corporation organized
under the laws of the State of Colorado ("City").
City desires that Consultant. from time to time, provide certain consulting services, systems
integration services, data conversion services, training services, and/or related services as described
herein, and Consultant desires to perform such services on behalf of City on the terms and conditions
set forth herein.
In consideration of the foregoing and the terms hereinafter set forth and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto,
intending to be legally bound, agree as follows:
1. Definitions. The terms set forth below
shall be defined as follows:
(a) "Intellectual Property Rights•
shall mean any and all (by whatever name or
term known or designated) tangible and
Intangible and now known or hereafter existing
(1) rights associate with works of authorship
throughout the universe, Including but not
limited to copyrights, moral rights, and mask·
works, (2) trademark and trade name rights
and simHar rights, (3) trade secret rights, (4)
patents, designs, algorithms and other
Industrial property rights, (5) all other
inteUectual and industrial property rights (of
every kind and nature throughout the universe
and however designated) (including logos,
•rental" rights and rights to remuneration),
whether arising by operation of law, contract,
license, or otherwise, and (6) all registrations,
initial applications. renewals, extensions,
continuations, divisions or reissues hereof now
or hereafter In force (Including any rights in any
of the foregoing).
(b) 'Work Product• shall mean all
patents, patent appllcations, inventions,
designs, mask works, processes,
methodologies, copyrights and copyrightable
works, trade secrets including confidential
information, data, designs, manuals, training
materials and documentation, formulas,
knowledge of manufacturing processes,
methods, prices, financial and accounting data,
products and product specifications and au
other lntellec:tual Property Rights created,
developed or prepared, documented and/or
delivered by Consultant, pursuant to the
provision of the Services.
2. Statements of Work. During the term
hereof and subject to the tenns and conditions
contained herein, Consultant agrees to
provide, on an as requested basis, the
consulUng services, systems integration
services, data conversion services, training
services, and related services (the "Services")
as further described In Schedule A (the
·statement of Work") for City, and In such
additional Statements of Work as may be
executed by each of the parties hereto from
time to time pursuant to this Agreement. Each
Statement of Work shall specify the scope of
work, specifications, basis of compensation
and payment schedule, estimated length of
time required to complete each Statement of
Work, including the estimated start/finish
dates, and other relevant Information and shall
Incorporate all terms and conditions contained
In this Agreement
3. Performance of Services.
(a) Performance. Consultant shall
pelform the Services necessary to complete all
projects outlined in a Statement of Work in a
timely and professional manner consistent with
the specifications, If any, set forth in the
Statement of Work, and in accordance with
industry standards. Consultant agrees to
exercise the highest degree of professionalism,
and to utiHze Its expertise and creative talents
In completing the projects outlined In a
Statement of Work.
(b) Delays. Consultant agrees to
notify City promptly of any factor, occurrence,
or event coming to its attention that may affect
Consultant's ability to meet the requirements of
the Agreement, or that is likely to occasion any
material delay in completion of the projects
contemplated by this Agreement or any
Statement of Work. Such notice shall be given
in the event of any loss or reassignment of key
employees, threat of strike, or major equipment
failure. Ttme is expressly made of the essence
with respect to each and every term and
provision of this Agreement.
(c) Discrepancies. If anything
necessary for the clear understanding of the
Services has been omitted from the Agreement
specifications or it appears that various
instructions are in conflict, Vendor shall secure
written instructions from City's project director
before proceeding with the performance of the
Services affected by such omissions or
discrepancies.
4. Invoices and Payment. Unless
otherwise provided in a Statement of Work,
City shall pay the amounts agreed to In a
Statement of Work within thirty (30) days
following the acceptance by City of the work
called for in a Statement of Work by City.
Acceptance procedures shall be outlined in the
Statement of Work. If City disputes all or any
portion of an invoice for charges, then City
shaU pay the undisputed portion of the invoice
by the due date and shall provide the following
notification with respect to the disputed portion
of the invoice. City shall notify Consultant as
soon as possible of the specific amount
disputed and shall provide reasonable detail as
to the basis for the dispute. The parties shan
then attempt to resolve the disputed portion of
such invoice as soon as possible. Upon
resolution of the disputed portion, City shall
pay to Consultant the resolved amount.
5. Taxes. City is not subject to
taxation. No federal or other taxes (excise,
luxury, transportation, sales, etc.) shall be
included in quoted prices. City shall not be
obligated to pay or reimburse Consultant for
any taxes attributable to the sale of any
Services which are imposed on or measured
by net or gross income, capital, net worth,
franchise, privilege, any other taxes, or
assessments, nor any of the foregoing
Imposed on or payable by Consultant. Upon
written notification by City and subsequent
verification by Consultant, Consultant shall
reimburse or credit, as applicable, City in a
timely manner, for any and all taxes
erroneously paid by City. City shall provide
Consultant with, and Consultant shall accept in
good faith, resale, direct pay, or other
exemption certificates, as applicable.
6. Out of Pocket Expenses. Consultant
shall be reimbursed only for expenses which
are expressly provided for in a Statement of
Work or which have been approved in advance
in writing by City, provided Consultant has
furnished such documentation for authorized
expenses as City may reasonably request.
7. Audits. Consultant shall provide such
employees and independent auditors and
inspectors as City may designate with
reasonable access lo all sites from which
Services are performed for the purposes of
performing audits or inspections of
Consultant's operations and compliance with
this Agreement. Consultant shall provide such
auditors and inspectors any reasonable
assistance that they may require. Such audits
shall be conducted in such a way so that the
Services or services to any other customer of
Consultant are not impacted adversely.
8. Term and Tennlnation. The term of
lhis Agreement shall commence on the
Effective Date and shall continue unless this
Agreement is terminated as provided in this
Section 8.
(a) Convenience. City may, without
cause and without penalty, terminate the
provision of Services under any or all
Statements of Work upon thirty (30) days prior
written notice. Upon such termination, City
shall, upon receipt of an invoice from
Consultant, pay Consultant for Services
actually rendered prior to the effective date of
such termination. Charges will be based on
time expended for all incomplete tasks as
listed in the applicable Statement of Work, and
all completed tasks will be charged as
indicated in the applicable Statement of Work.
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(b) No Outstanding Statements of
Work. Either party may terminate this
Agreement by providing the other party with al
least thirty (30) days prior written notice of
termination if there are no outstanding
Statements of Work.
(c) Material Breach. tf either party
materially defaults in the performance of any
term of a Statement of Work or lhis Agreement
with respect to a specific Statement of Work
(other than by nonpayment) and does not
substantially cure such default within thirty (30)
days after receiving written notice of such
default, then the non.def au I ting party may
terminate this Agreement or any or all
outstanding Statements of Work by providing
ten (10) days prior written notice of termination
lo the defaulting party.
(d) Bankruptcy or Insolvency. Either
party may terminate this Agreement effective
upon written notice stating its intention to
terminate in the evenl the other party: ( 1 )
makes a general assignment of all or
substantially all of its assets for the benefit of
its creditors; (2) applies for, consents to, or
acquiesces in the appointment of a receiver,
trustee, custodian, or liquidator for its business
or all or substantially all of Its assets; (3) files,
or consents to or acquiesces in, a petilion
seeking relief or reorganization under any
bankruptcy or insolvency laws; or (4) files a
petition seeking relief or reorganization under
any bankruptcy or insolvency laws is filed
against that other party and is not dismissed
within sixty (60) days after it was filed.
(e) TABOR. The parties understand
and acknowledge that each party ls subject lo
Article X, § 20 of the Colorado Constitution
("TABOR"). The parties do not intend to
violate the terms and requirements of TABOR
by the execution of this Agreement. It is
understood and agreed that this Agreement
does not create a multi-fiscal year direct or
indirect debt or obligation within the meaning of
TABOR and, notwithstanding anything in this
Agreement to the contrary, all payment
obligations of City are expressly dependent
and conditioned upon the continuing
availability of funds beyond the term of City's
current fiscal period ending upon the next
succeeding December 31. Financial
obligations of City payable after the current
fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and
otherwise made available in accordance with
the rules, regulations, and resolutions of City
and applicable law. Upon the failure to
appropriate such funds, this Agreement shall
be deemed terminated.
(f) Return of Property. Upon
termination of this Agreement, both parties
agree to return to the other all property
(including any Confidential Information, as
defined in Section 11) of the other party that it
may have in its possession or control.
9. City Obligations. City will provide
timely access to City personnel, systems and
information required for Consultant to perform
its obligations hereunder. City shall provide to
Consultant's employees performing its
obligations hereunder at City's premises,
without charge, a reasonable work
environment in compliance with all applicable
laws and regulations, including office space,
furniture, telephone service, and reproduction,
computer, facsimile, secretarial and other
necessary equipment, supplies, and services.
With respect ·to all third party hardware or
software operated by or on behalf of City, City
shall, at no expense to Consultant, obtain au
consents, licenses and sublicenses necessary
for Consultant lo perform under the Statements
of Work and shall pay any fees or other costs
associated with obtaining such consents,
licenses and sublicenses .
10. Staff. Consultant is an independent
consultant and neither Consultant nor
Consultant's staff is, or shall be deemed to be
employed by City. City is hereby contracting
with Consultant for the Services descnbed in a
Statement of Work and Consultant reserves
the right to determine the method, manner and
means by which the Services will be
performed. The Services shall be performed by
Consultant or Consultant's staff, and City shall
not be required to hire, supervise or pay any
assistants to help Consultant perform the
Services under this Agreement. Except to the
extent that Consultant's work must be
performed on or with City's computers or City's
existing software, all materials used In
providing the Services shall be provided by
Consultant.
11. Confidential Information.
(a) Obligations. Each party hereto
may receive from the other party information
which relates to the other party's business,
research, development. trade secrets or
business affairs ("Confidential Information•).
Subject to the provisions and exceptions set
forth In the Colorado Open Records Act. CRS
Section 24-72-101 el seq., each party shall
protect all Confidential Inf ormatlon of the other
party with the same degree or care as it uses
to avoid unauthorized use, disclosure,
publication or dissemination of its own
confidential information of a similar nature, but
in no event less than a reasonable degree of
care. Without limiting the generality of the
foregoing, each party hereto agrees not to
disclose or permit any other person or entity
access lo the other party's Confidential
Information except such disclosure or access
shall be permitted to an employee, agent,
representative or independent consultant of
such party requiring access to the same in
order to perform his or her employment or
services. Each party shall insure that their
employees, agents, representatives, and
independent consultants are advised of the
confidential nature of the Confidential
Information and are precluded from taking any
action prohibited under this Section 11.
Further, each party agrees not to alter or
remove any identification, copyright or other
proprietary rights notice which indicates the
ownership of any part of such Confidential
Information by the other party. A party hereto
shall undertake to immediately notify the other
party in writing of all circumstances
surrounding any possession, use or knowledge
of Confidential Information at any location or by
any person or entity other than those
authorized by this Agreement.
Notwithstanding the foregoing, nothing in this
Agreement shall restrict either party with
respect to information or data identical or
similar to that contained in the Confidential
Information of the other party but which (1) that
party rightfully possessed before it received
such information from the other as evidenced
by written documentation; (2) subsequently
becomes publicly available through no fault of
that party; (3) is subsequently furnished
rightfully to that party by a third party without
restrlcUons on use or disclosure; or (4) is
required to be disclosed by law, provided that
the disclosing party will exercise reasonable
efforts to notify the other party prior to
disclosure.
(b) Know-How. For the avoidance of
doubt neither City nor Consultant shall be
prevented from making use of know-how and
principles learned or experience gained of a
non-proprietary and non-confidential nature.
(c) Remedies. Each of the parties
hereto agree that if any of them, their officers,
employees or anyone obtaining access to the
Confidential Information of the other party by,
through or under them, breaches any provision
of this Section 11, the non-breaching party
shall be entitled to an accounting and
repayment of all profits, compensation,
commissions, remunerations and benefits
which the breaching party, its officers or
employees directly or indirectly realize or may
realize as a result of or growing out of, or in
connection with any such breach. In addition
lo, and not in limitation of the foregoing, in the
event of any breach of this Section 11, the
parties agree that the non-breaching party will
suffer irreparable harm and that the total
amount of monetary damages for any such
injury to the non-breaching party arising from a
violation of this Section 11 would be impossible
to calculate and would therefore be an
inadequate remedy at law. Accordingly, the
parties agree that the non-breaching party
shall be entitled to lemporary and permanent
injunctive relief against the breaching party, its
officers or employees and such other rights
and remedies to which the non-breaching party
may be entitled to at law, in equity or under this
Agreement for any violation of this Seclion 11.
The provisions of this Section 11 shall survive
the expiration or termination of this Agreement
for any reason.
12. Project Managers. Each party shall
designate one of its employees to be its
Project Manager under each Statement of
Work. who shall act for that party on all matters
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under the Statement of Work . Each party shall
notify the other in writing of any replacement of
a Project Manager. The Project Managers for
each Statement of Work shall meet as often as
either one requests to review the status of the
Statement of Work.
13. Warranties.
(a) Authority. Consultant represents
and warrants that (1) Consultant has the full
corporate right, power and authority to enter
into this Agreement and to perform the acts
required of it hereunder, (2) the execution of
this Agreement by Consultant, and the
performance by Consultant of its obligations
and duties hereunder, do not and will not
violate any agreement to which Consultant is a
party or by which it is otherwise bound under
any applicable law, rule or regulation; (3) when
executed and delivered by Consultant, this
Agreement will constitute the legal, valid and
binding obligation of such party, enforceable
against such party in accordance with its
terms; and (4) Consultant acknowledges that
City makes no representations, warranties or
agreements related to the subject matter
hereof that are not expressly provided for in
this Agreement
(b) Service Warranty. Consultant
warrants that its employees and consultants
shall have sufficient skill, knowledge, and
training to perform Services and that the
Services shall be performed in a professional
and workmanlike manner.
(c) Personnel. Unless a specific
number of employees is set forth in the
Statement of Work, Consultant warrants it will
provide sufficient employees to complete the
Services ordered within the applicable time
frames established pursuant to this Agreement
or as set forth In the Statement of Work ..
During the course of performance of Services,
City may, for any or no reason, request
replacement of an employee or a proposed
employee. In such event, Consultant shall,
within five (5) working days of receipt of such
request from City, provide a substitute
employee of sufficient skill, knowledge, and
training to perform the applicable Services.
Consultant shall require employees providing
Services at a City location to comply with
applicable City security and safety regulations
and policies.
(d) Compensation and Benefits.
Consultant shall provide for and pay the
compensation of employees and shall pay all
taxes, contributions, and benefits (such as, but
not limited to, workers' compensation benefits)
which an employer is required to pay relating
to the employment of employees. City shall not
be liable lo Consultant or to any employee for
Consultant's faaure to perform its
compensation, benefit, or tax obligations.
Consultant shall indemnify, defend and hold
City harmless from and against all such taxes,
contributions and benefits and will comply with
all associated governmental regulations.
including the filing of all necessary reports and
returns.
14. Indemnification.
(a) Consultant Indemnification.
Consultant shall indemnify, defend and hold
harmless City, its directors, officers,
employees, and agents and the heirs,
executors, successors, and permitted assigns
of any of the foregoing (the "City lndemnitees")
from and against all losses, claims, obligations,
demands, assessments, fines and penalties
(whether civil or criminal), liabilities, expenses
and costs [lndudlng reasonable fees and
disbursements of legal counsel and
accountants), bodily and other personal
injuries, damage to tangible property, and
other damages, of any kind or nature, suffered
or incurred by a City lndemnitee directly or
indirectly arising from or related to: ( 1) any
negligent or intentional act or omission by
Consultant or its representatives in the
performance of Consultant's obligations under
this Agreement, or (2) any material breach in a
representation, warranty, covenant or
obligation of Consultant contained in this
Agreement.
(b) Infringement Consultant will
indemnify, defend, and hold City harmless from
all lndemnifiable Losses arising from any third
party claims that any Work Product or
methodology supplied by Consultant Infringes
or misappropriates any Intellectual Property
rights of any third party; provided, however.
that the foregoing indemnification obligation
shall not apply to any alleged infringement or
misappropriation based on: (1) use of the
Work Product in combination with products or
services not provided by Consultant to the
extent that such infringement or
misappropriation would have been avoided if
such other products or services had not been
used: (2) any modification or enhancement to
the Work Product made by City or anyone
other than Consultant or its sub-consultants; or
(3) use of the Work Product other than as
permitted under this Agreement.
(c) Indemnification Procedures.
Notwith-standing anything else contained in
this Agreement, no obligation to indemnify
which is set forth in this Section 14 shall apply
unless the party claiming indemnification
notifies the other party as soon as practicable
to avoid any prejudice in the claim. suit or
proceeding of any matters In respect of which
the indemnity may apply and of which the
notifying party has knowledge and gives the
other party the opportunily to control the
response thereto and the defense thereof;
provided, however, that the party daiming
indemnification shall have the right to
participate in any legal proceedings to contest
and defend a claim for indemnification
involving a third party and to be represented by
Its own attorneys, all at such party's cost and
expense; provided further, however, that no
settlement or compromise of an asserted third-
party claim other than the paymenUmoney may
be made without the prior written consent of
the party claiming indemnification.
f d) Immunity. City, its officers, and its
employees, are relying on, and do not waive or
intend to waive by any provision of this
Agreement, the monetary limitations or any
other rights, immunities, and protections
provided by the Colorado Governmental
Immunity Act, C.R.S. 24~10-101 et seq., as
from time to lime amended, or otherwise
available to City. its officers, or its employees.
15. Insurance.
(a) Requirements. Consultant agrees
to keep in full force and effect and maintain at
its sole cost and expense the following policies
of insurance during the term of this Agreement:
(1) The Consultant shall comply
with the Workers' Compensation Act of
Colorado and shall provide compensation
insurance to protect the City from and against
any and all Workers' Compensation claims
arising from performance of the work under
this contract. Workers' Compensation
insurance must cover obligations imposed by
applicable laws for any employee engaged in
the performance of work under this contract, as
well as the Employers' Liability within the
minimum statutory limits.
(2) Commercial General Liability
Insurance and auto liability insurance
(including contractual Uabllity insurance)
providing coverage for bodily injury and
property damage with a combined single limit
of not less than three million dollars
($3,000,000) per occurrence.
(3) Professional Liability/Errors and
Omissions Insurance covering acts, errors and
omissions arising out of Consultant's
operations or Services in an amount not less
than one million dollars ($1,000,000) per
occurrence.
(4) Employee Dishonesty and
Computer Fraud Insurance covering losses
arising out of or in connection with any
fraudulent or dishonest acts committed by
Consultant personnel, acting alone or with
others. in an amount not less than one million
dollars ($1,000,000) per occurrence.
(b) Approved Companies. All such
insurance shall be procured with such
Insurance companies of good standing,
permitted to do business in the country, state
or territory where the Services are being
performed.
(c) Certificates. Consultant shall
provide City with certificates of insurance
evidencing compliance with this Section 15
(including evidence of renewal of insurance)
signed by authorized representatives of the
respective earners for each year that this
Agreement is in effect. Certificates of
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insurance will list the City of Englewood as an
additional insured. Each certificate of
insurance shall provide that the issulng
company shall not cancel. reduce, or otherwise
materially change the insurance afforded under
the above policies unless thirty (30) days'
notice of such cancellation , reduction or
material change has been provided to City.
16. Rights in Work Product.
(a) Generally. Except as specifically
agreed to the contrary in any Statement of
Work, all Intellectual Property Rights in and to
the Work Product produced or provided by
Consultant under any Statement of Work shall
remain the property of Consultant. With
respect to the Work Product, Consultant
unconditionally and irrevocably grants to City
during the term of such Intellectual Property
Rights, a non-exclusive, irrevocable, perpetual,
worldwide, fully paid and royalty-free license,
lo reproduce, create derivative works of,
distribute, publicly perform and publicly display
by all means now known or later developed,
such Intellectual property Rights.
(b) Know-How. Notwithstanding
anything to the contrary herein, each party and
its respective personnel and consultants shall
be free to use and employ its and their general
skills, know-how, and expertise, and to use,
disclose, and employ any generalized ideas,
concepts, know-how, methods, techniques, or
skills gained or learned during the course of
any assignment, so long as it or they acquire
and apply such information without disclosure
of any Confidential Information of the other
party.
17. Relationship of Parties. Consultant is
acting only as an independent consultant and
does not undertake, by this Agreement, any
Statement of Work or otherwise, to perform
any obligation of City, whether regulatory or
contractual, or to assume any responsibility for
City's business or operations. Neither party
shall act or represent itself, directly or by
implication, as an agent of the other, except as
expressly authorized in a Statement of Work.
18. Complete Agreement This
Agreement contains the entire agreement
between the parties hereto with respect to the
matters covered herein.
19. Applicable Law. Consultant shall
comply with all applicable laws in performing
Services but shall be held harmless for
violation of any governmental procurement
regulation to which it may be subfect but to
which reference is not made in the applicable
Statement of Work. This Agreement shall be
construed in accordance with the laws of the
State of Colorado. Any action or proceeding
brought to interpret or enforce the provisions of
this Agreement shall be brought before the
state or federal court situated in Arapahoe
County, Colorado and each party hereto
consents to jurisdiction and venue before such
courts.
20. Scope of Agreement. If the scope of
any provisions of this Agreement is too broad
in any respect whatsoever to permit
enforcement to its fullest extent, then such
provision shaO be enforced to the maximum
extent permitted by law, and the parties hereto
consent to and agree that such scope may be
judicially modified accordingly and that the
whole of such provision of this Agreement shall
not thereby fail, but that the scope of such
provision shall be curtailed only to the extent
necessary to conform to law.
21. Additional Work. After receipt of a
Statement of Work, City, with Consultant's
consent, may request Consultant to undertake
additional work with respect to such Statement
of Work. In such event, City and Consultant
shall execute an addendum to the Statement
of Work specifying such additional work and
the compensation to be paid to Consultant for
such additional work.
22. Sub-consultants. Consultant may not
subcontract any of the Services to be provided
hereunder without the prior written consent of
City. In the event of any permitted
subcontracting, the agreement with such third
party shall provide that, with respect to the
subcontracted work, such sub-consultant shall
be subject to all of the obllgat!ons of
Consultant specified in this Agreement.
23. Notices. Any notice provided pursuant
to this Agreement shall be in writing to the
parties at the addresses set forth below and
shall be deemed given (1) if by hand delivery,
upon receipt thereof, (2) three (3) days after
deposit in the United States malls, postage
prepaid, certified mail, return receipt requested
or (3) one (1) day after deposit with a
nationally-recognized overnight courier,
specifying overnight priority delivery. Either
party may change its address for purposes of
this Agreement at any time by giving written
notice of such change to the other party
hereto.
24. Assignment This Agreement may not
be assigned by Consullant without the prior
written consent of City. Except for the
prohibition of an assignment contained in the
preceding sentence, this Agreement shall be
binding upon and inure to the benefit of the
heirs, successors and assigns of the parties
hereto.
25. Third Party Beneficiaries. This
Agreement Is entered into solely for the benefit
of the parties hereto and shall not confer any
rights upon any person or entity not a party to
this Agreement
26. Headings. The section headings in
this Agreement are solely for convenience and
shall not be considered in its interpretation.
The recitals set forth on the first page of this
Agreement are incorporated into the body of
this Agreement. The exhibits referred to
throughout this Agreement and any Statement
of Work prepared in conformance with this
Agreement are incorporated into this
Agreement.
27. Waiver. The failure of either party at
any time to require performance by the other
party of any provision of this Agreement shall
not effect in any way the full right to require
such performance at any subsequent time: nor
shall the waiver by either party of a breach of
any provision of this Agreement be taken or
held to be a waiver of the provision itself.
28. Force Majeure. If performance by
Consultant of any seivice or obligation under
this Agreement is prevented, restricted,
delayed or interfered with by reason of labor
disputes, strikes, acts of God, floods, lightning,
severe weather, shortages of materials,
rationing, uti&ty or communications failures,
earthquakes, war, revolution, civil commotion,
acts of public enemies, blockade, embargo or
any law, order, proclamation, regulation,
ordinance, demand or requirement having
legal effect of any governmental or judicial
authority or representative of any such
government, or any other act whether similar
or dissimilar to those referred to in this clause,
which are beyond the reasonable control of
Consultant, then Consultant shall be excused
from such performance to the extent of such
prevention, restriction, delay or interference. If
lhe period of such delay exceeds thirty (30)
days, City may, without liability, terminate the
affected Statement of Work(s) upon written
notice to Consultant.
29. Time of Performance. Time is
expressly made of the essence with respect to
each and every term and provision of this
Agreement.
30. Permits. Consultant shall at its own
expense secure any and all licenses, permits
or certificates that may be required by any
federal, state or local statute, ordinance or
regulation for the performance of the Services
under the Agreement. Consultant shall also
comply with the provisions of all Applicable
laws in performing the Seivices under the
Agreement. At its own expense and at no cost
to City, Consultant shall make any change,
alteration or modification that may be
necessary to comply with any Applicable laws
that Consultant failed lo comply with at the
time of performance of the Services.
31. Media Releases. Except for any
announcement intended solely for internal
distribution by Consultant or any disclosure
required by legal, accounting, or regulatory
requirements beyond the reasonable control of
Consullant, all media releases, public
announcements, or public disclosures
(including, but not limited to, promotional or
marketing material) by Consultant or its
employees or agents relating to this
Agreement or its subject matter, or including
the name, trade mark, or symbol of City, shall
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be coordinated with and approved in writing by
City prior to the release thereof. Consultant
shall not represent directly or indirectly that any
Services provided by Consultant to City has
been approved or endorsed by City or include
the name, trade mark, or symbol of City on a
list of Consultant's customers without City's
express wriUen consent.
32. Nonexclusive Market and Purchase
Rights . It is expressly understood and agreed
that this Agreement does not grant to
Consultant an exclusive right to provide to City
any or all of the Services and shall not prevent
City from acquiring from other suppliers
services similar to the Services. Consultant
agrees that acquisitions by City pursuant to
this Agreement shall neither restrict the right of
City to cease acquiring nor require City to
continue any level of such acquisitions.
Estimates or forecasts furnished by City to
Consultant prior to or during the term of this
Agreement shall not constitute commitments.
33. Survival. The provisions of Sections 5,
8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31
shall survive any expiration or tennlnation for
any reason of this Agreement.
34. Verification of Compliance with C.R.S.
8-17.5·101 ET.SEQ. Regarding Hiring of
Illegal Allens:
(a) Employees, Consultants and
Sub-consultants: Consultant shall not
knowingly employ or contract with an illegal
alien to perform work under this Contract.
Consultant shall not contract with a sub-
consultant that fails to certify to the Consultant
that the sub-consultant will not knowingly
employ or contract with an illegal alien to
perform work under this Contract. [CRS 8-
17.5-102(2)(a)(I) & (II).]
(b) Verification: Consultant will
participate in either the E-Verify program or the
Department program, as defined in C.R.S. 8-
17.5-101 (3.3) and 8-17.5-101 (3 .7),
respectively, in order to confirm the
employment eligibility of all employees who are
newly hired for employment to perform work
under this public contract for services .
Consultant is prohibited from using the E-Verify
program or the Department program
procedures to undertake pre-employment
screening of job applicants while this contract
is being performed.
(c) Duty to Tenninate a
Subcontract: If Consultant obtains actual
knowledge that a sub-consultant performing
work under this Contract knowingly employs or
contracts with an illegal alien. the Consultant
shall;
( 1) notify the sub-consultant and
the City within three days that the
Consultant has actual knowledge that
the sub-consultant is employing or
contracting with an illegal alien; and
(2) terminate the subcontract
with the sub-consultant if, within three
days of receiving notice required
pursuant to this paragraph the sub-
consultant does not stop employing or
contracting with the Ulegal alien; except
that the Consultant shall not terminate
the contract with the sub-consultant if
during such three days the sub-
consultant provides information to
establish that the sub-consultant has
not knowingly employed or contracted
with an illegal alien.
(d) Duty to Comply with State
Investigation: Consultant shall comply with
any reasonable request of the Colorado
Department of Labor and Employment made in
the course of an investigation by that the
Department is undertaking pursuant to C.R.S.
8-17.5-102 (5)
(a) Damages for Breach of Contract
The City may tenninate this contract for a
breach of contract, in whole or in part, due to
Consultant's breach of any section of this
paragraph or provisions required pursuant to
CRS 8-17.5-102. Consultant shall be liable for
actual and consequential damages to the City
in addition to any other legal or equitable
remedy the City may be entitled to for a breach
of this Contract under this Paragraph 34.
IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their
authorized officers as of the day and year first above written. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
CITY OF ENGLEWOOD, COLORADO
By:~~~.,.._~..--~~~~~~~
(Signature) Randy P. Penn
!Print Name)
Title: Mayor
Date: ______________ _
ATTEST:
City Clerk -Loucrishia A. Ellis
METROPOLITAN AREA COMMUNICATIONS
CENTER (METCOM) AUTHORITY
(Consultant Name)
q \ ..., s= E"° VY'\'' "o_,-.j l\ "--
Address
c_a..l'-\.c.."l"\t ~ C...2> t)a I\ C)...
I Print N1111e)
Title: 5) \ (' ~~u r
Date: C, / .!}-::1 / I 'i
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STATEMENT OF WORK
Fire Station Looauon Analyals
City of Englewood Fire Department
Document Version 1.1
Mete om
9195 East Mineral Avenue
Centennial, Colorado 80112
September 19, 2014
1. Introduction
MetCom has received a request from the City of Englewood Fire Department for GIS and analytic ·
services In support of a hlth level Fire Station location Study.
The key goals of this study include:
1. Determine the Ideal locatlQ_ns for fire station~s) within the City of Englewood utilizing
performance standards as outlined by the City's Fire Department.
2. Determine the potential impact of each station location model on fire departments in
neighboring jurisdictions, using geographic information system (GIS) mapping and data
analysis.
3. Provide recommendations for fire station locations based on the results of the GIS
analysis. Based on time limltatlons, this study will not take Into account effective group
response or community risk in its base analysis.
The use of GIS analysis will help support Englewood Fire Department's planning, response, and
Incident management. When a fire occurs, any delay of responding fire companies can make the
difference between the rescue of occupants versus serious Injury or death.
2. Description of Services
Incident Analysis
MetCom will perform an Incident analysis to create baseline data for station location modeling.
A GIS display of these historical Incidents and supporting tabular Information will be included In
the report. Baseline data used in this study will include:
• Incident type
• Date of incident
• Time of incident report
• Units that r~ponded
• Unit arrival times
Incidents will be queried based on Incident type, time, units assigned, and other variables to
complete this analysis.
Response lime analysis will be performed utillzing a fire station layer and a street layer. Each
street line segment between Intersections contains attribute information such as road type,
distance, and travel speeds (miles per hour). This information wlll allow MetCom to identify a
station location, specify a travel time, and run a network analysis.
Ot:y of Englel'JOOCI Fire Station Location Study-1.1
09/19/2014
Page 2 of 4 •
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The result will be displayed by an Irregular polygon around the station that Illustrates where the
fire apparatus could travel in any direction for the specified time. This type of analysis will be
performed on a single station and simultaneously on all stations to analyze gaps in coverage,
establish run orders, and more.
3. Summary of Costs
MetCom's proposed cost of service for this project Includes the personnel and software required
to complete the station analysis and make recommendations on the location(s) based on the
following requested models from EFD:
Modell
• One Station in the City of Englewood
• One station In the City of Englewood with automatic aid from SMFRA and ~R
• One station in the City of Englewood with automatic aid from SMFRA, LFR and the City
of Sheridan.
Model2
• Two stations In the City of Englewood
• Two Stations in the City of Englewood with automatic aid from SMFRA and LFR
• Two Stations In the Oty of Englewood with automatic aid from SMFRA, LFR and the City
of Sheridan •
Model3
• Three Stations In the City of Englewood
• Three Stations in the City of Englewood with automatic aid from SMFRA and LFR
• Three Stations in the City of Englewood with automatic aid from SMFRA, LFR and the
City of Sheridan.
Station location wlll be based on best location for the station to Insure the first on scene uniU
arrive within the prescribed response time. Availability of the land, community risk assessment,
and effective response group are not being considered in this study at the request of Englewood
Fire Department.
Pricing -City of Englewood
M etCom's agrees to provide the final report to the City of Enslewood Fire Chief on or before
October 31, 2014. The proposed cost for the base analysis, summary report and presentation to
City Council (if requested) will not exceed $7,800.00.
Oly of Englewood fire Station Locatkin Study -1.1
09/19/2014
Page 3 ot4 •
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject: A Resolution Approving
October 6, 2014 11 c i FY2015 Community Development
Block Grant Application
Initiated By: Staff Source:
Community Development Department Harold J. Stitt, Senior Planner
PREVIOUS COUNCIL ACTION
City Council has approved resolutions to file Community Development Block Grant (CDBG) applications
almost annually since 1977. Participation in the Arapahoe County entitlement program began in 1991.
Participation is authorized in three-year increments. Ordinance 25, Series of 2012, approved an
Intergovernmental Agreement to participate in the Arapahoe County Community Development Block
Grant and HOME Investment Partnership Programs for federal fiscal years 2013 through 2015 .
RECOMMENDED ACTION
· Staff recommends that Council approve a resolution authorizing staff to apply to Arapahoe County for the
• City of Englewood's portion of federal fiscal year 2015 Community Development Block Grant (CDBG)
funds.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The U. S. Dept. of Housing and Urban Development (HUD) CDBG Entitlement Program provides grants to
units of local government and urban counties to meet housing and community development needs . The
objective of the program is to enhance urban communities by providing:
• decent, safe, affordable housing;
• improved infrastructure;
• public facilities and services;
• economic opportunities.
The Federal Program objectives are achieved through projects developed by local governments that
primarily benefit low and moderate-income families as well as other federal objectives. The request for
funds may also include activities that meet urgent development needs in communities such as damage from
flooding, tornadoes, fire, etc. Local governments determine which activities best serve the objectives of the
program.
Funds are appropriated annually by the Congress for the CDBG program and are allocated by statutory
formula to each entitlement area. Arapahoe County is approved as an urban county entitlement area. The
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CDBG grant funds are currently distributed to participating cities within Arapahoe County. Each
participating city receives a set-aside portion of the total CDBG allocation. The current participating cities
are the Cities of Englewood, Littleton, Sheridan, Glendale, Deer Trail, Centennial, and Greenwood Village.
The funding level for the City of Englewood for FY201 5 is anticipated to be $1 50,000, the same as it was •
for 2014.
Applications for each proposed project must be submitted to Arapahoe County no later than October 31,
2014 in order to receive 201 5 CDBG funding. The applications for the City of Englewood will be for a total
of $150,000.00. Englewood's FY201 5 program consists of two projects. These projects continue to meet
current housing and neighborhood needs benefitting low and moderate-income families. All projects are
subject to additional review by City staff, Arapahoe County CDBG administrators and the County
Commissioners. The listed projects and funding levels may change based on those reviews. FY2015 CDBG
funds will be requested for the following projects:
1) $12 7,500 for an energy efficiency home improvements project focusing on improvements that
provide increased energy conservation and efficiency in the home;
2} $22,500 for a fifteenth year request to transfer a portion of the City's CDBG allocation to
directly fund the Family Tree application that assists with staffing needs for the House of Hope
homeless shelter. Family Tree will submit an application directly to Arapahoe County for the
grant. A letter of sponsorship is only required from the City to support Family Tree's application
to Arapahoe County.
FINANCIAL IMPACT
Existing Community Development staff will administer the proposed projects. Staff salaries and benefits
represent the City's participation in the projects. •
LIST OF A TI ACHMENTS
Proposed Resolution
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE
AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2015 COMMUNITY
DEVELOPMENT BLOCK GRANT.
WHEREAS, the Englewood City Council has approved CDBG applications since 1977 and
approved the execution of an Intergovernmental Agreement with the passage of Ordinance
No. 37, Series of 1991, covering the City's participation in the Arapahoe County CDBG
Entitlement Program for funding years 1992 through 1994; and
WHEREAS, the Englewood City Council approved passage of Ordinance No. 13, Series of
2006, authorizing the execution of an Intergovernmental Agreement between the City of
Englewood and Arapahoe County covering participation in the Arapahoe County CDBG
Entitlement Program for funding years 2007 through 2009; and
WHEREAS, the Englewood City Council approved passage of Ordinance No. 22, Series of
2009, authorizing the execution of an Intergovernmental Agreement between the City of
Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Program
and HOME Investment Partnership Programs for federal fiscal years 2010 through 2012; and
WHEREAS, the Englewood City Council approved passage of Ordinance No. 25, Series of
2012, authorizing the execution of an Intergovernmental Agreement between the City of
Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Program
and HOME Investment Partnership Programs for federal fiscal years 2013 through 2015; and
WHEREAS, the Arapahoe County Community Development Block Grant Program provides
grants to participating municipalities to meet housing and community development needs; and
WHEREAS, to compete in the Arapahoe County Community Development Block Grant
Program, local governments must submit an application; and
WHEREAS, the City of Englewood has received a notice of fund availability; and
WHEREAS, the City of Englewood, Colorado, desires to apply for these funds through the
Arapahoe County 2015 Community Development Block Grant to fund the Energy Efficiency
Englewood Project, and House of Hope staffing project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City of Englewood, Colorado, is hereby authorized to file applications for an
Arapahoe County 2015 Community Development Block Grant.
Section 2. The Mayor and City Clerk are authorized to sign and attest all necessary forms,
documents, assurances and certifications for the Community Development Block Grant
applications for and on behalf of the City Council and the City of Englewood.
ADOPTED AND APPROVED this 6th day of October, 2014.
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014.
Loucrishia A. Ellis, City Clerk
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COUNCIL COMMUNICATION
Date: Subject:
October 6, 2014
Agenda Item:
11 c ii Resolution for a supplemental appropriation of funds to
conduct a station location study
Initiated By: Staff Source:
Finance and Administrative Services Department Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has discussed the Fire Department on numerous occasions . At the September 2, 2014 Study Session
a station location study was discussed and Council directed staff to engage a consultant with expertise in these
types of studies. If approved by Council, this action supports the outcome "A safe , clean , healthy and attractive
City" by providing the City with a plan to locate stations in their optimal locations and minimize response times to
fire and other emergency responses .
RECOMMENDED ACTION
Staff recommends City Council approve a supplement appropriation as follows :
SOURCES AND USES OF FUNDS:
GENERAL FUND:
• SOURCE OF FUNDS:
Fund Balance $7,800
USE OF FUNDS:
Fire Department -Professional Services $7,800
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The future of the Fire Department, either as a "stand-alone" department or affiliating with another entity has been
the topic of discussion with Council, staff, and the public for years . Preparation of the 2015 Budget highlighted
the operational and capital needs of the Department that have not been met in the past and requirements in the
future.
At the September 2, 2014 Study Session City Council was presented with a financial analysis of the operation and
capital funding requirements to maintain a stand-alone, status quo department over the long term . Status quo
would mean keeping three stations in their current locations. City Council and staff concluded that it was
unknown if the three stations were optimally located and a study would be in order to determine if three stations
were needed and where stations should be located.
The Fire Department staff concluded MetCom was the only option to provide the study in a timely manner.
FINANCIAL IMPACT
The Unassigned Fund Balance in the General Fund will be reduced $7 ,800 .
• IST OF ATTACHMENTS
Proposed Resolution
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION APPROPRIATING FUNDS TO CONDUCT A FIRE STATION STUDY.
WHEREAS, the City of Englewood is required by City Charter to ensure expenditures do not
exceed legally adopted appropriations; and
WHEREAS, the 2014 Budget was submitted and approved by the Englewood City Council on
October 21, 2013; and
WHEREAS, the future of the Fire Department, either as a "stand-alone" department or
affiliating with another entity had been studied and discussed; and
WHEREAS, preparation of the 2015 Budget highlighted the operational and capital needs of
the Fire Department which have not been met in the past and requirements for the future; and
WHEREAS, at the September 2, 2014 Study Session, City Council was presented with a
financial analysis of the operation and capital funding requirements to maintain a stand-alone,
status quo department over the long term; and
WHEREAS, status quo would mean keeping three stations in their current locations; and
WHEREAS, City Council concluded that it was unknown if the three stations were optimally
located and a study would be in order to determine if three stations were needed and where
stations should be located; and
WHEREAS, the Fire Department concluded MetCom was the only option to provide the study
in a timely manner; and
WHEREAS, the passage ofthis Resolution appropriates the funds for the Fire location study.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Budget for the General Fund of the City of Englewood, Colorado, is hereby
amended for the year 2014 as follows:
GENERAL FUND:
SOURCE OF FUNDS:
Fund Balance $7,800
USE OF FUNDS:
Fire Department -Professional Services $7,800
Section 2. The City Manager and the Director of Finance and Administrative Services are
hereby authorized to make the above changes to the 2014 Budget for the City of Englewood .
ADOPTED AND APPROVED this 6th day of October, 2014.
ATTEST:
Randy P. Penn, Mayor
Loucrishia A. Ellis , City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2014 .
Loucrishia A. Ellis, City Clerk
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 58
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 8, OF THE ENGLEWOOD
MUNICIPAL CODE 2000 PERTAINING TO CITY COUNCIL SALARIES .
WHEREAS , Council Member salaries have not been amended since the passage of Ordinance
No.67,Seriesof1997;and
WHEREAS , City Council desires to amend Title 1-5-8 of the Englewood Municipal Code
2000 ;and
WHEREAS , Section 21 of the Englewood Home Rule Charter provides that salaries may be
changed by Ordinance, but shall not be increased during the current term of the Council enacting
such Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 1, Chapter 5, Section 8, of the Englewood Municipal Code 2000 to read as follows :
1-5-8: SALARIES OF COUNCIL MEMBERS : The monthly salaries of the Council Members
are hereby fixed in the following amounts:
Mayor
Mayor Pro Tern
Council Member
$700.00
$050.00
$000.00
$900 .00
$850.00
$800 .00
Section 2 . This Ordinance shall not increase the salary of a Council Member during their
current term in office.
Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder
of this Ordinance or its application to other persons or circumstances.
Section 4 . Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
12 bi
Introduced, read in full, and passed on first reading on the 6th day of October, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
October, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
October, 2014 for thirty (30) days .
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 8th day of October, 2014.
Loucrishia A. Ellis
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/J
Brian Ewert <brian_ewert@engschools .net>cf Se ptember 23 , 2014 3 :25 PM
To : Bob Mccaslin <BMcCaslin@englewoodgov.org>, "rwmccaslin49@gmail.com" <rwmccaslin49@gmail.com>
Fwd : TCAP and enrollment
Hi Bob,
Thanks for coming i n today; I enjoyed our conversation .
Here is the demographic data that provides some context for our work in Englewood Schools . We've made tremendous progress in the
last 5 years, but we still have much work to do.
pavertv as Meaaurecl by EreelBedyced Lynch
1719 students or 63%
Homeleu
179 students or 7%
Eng!lah Lanqyaqe Learners
361 students or 13%
Gifted/Talented
244 students or 9%
504Plans
68 students or 3%
Ethnlcltv of Stydenta
White=54%
Hispanic = 36%
Black=3%
Asian= 1%
American Indian/Pacific Islander = 1 %
Mixed Ethnicity= 4%
In addition , the attached chart that tells us :
• In 2004,
Englewood Schools had 3865 students with 62% of them
proficienVadvanced
in Reading for grades 3-10 .
Additionally, ~ of the students qualified for
free/reduced lunch (poverty).
• In 2014, Englewood Schools had 2936 students with 57% of proficient/advanced in Reading for grades 3-1 O. Additionally, §1!2 of
the students qualified for
free/reduced lunch (poverty).
• From 2004 to 2014 Englewood Schools proficiency rate in Reading dropped 5% but students living in poverty increased~.
• The state Reading scores increased from 66% PIA in 2004 to 69% P/A in 2014
• Relatively speaking both the district and state have remained flat in reading proficiency.
If you have questions, let me know.
Brian
Read ing and .. x l sx (42 KB J
Brian Ewert <brian _ewert@engschools .net>
To Bob McCaslin <BMcCaslin@englewoodgov.org>, rwmccaslin49 <rwmccaslin49@gmail.com>
transiency and turnover
Forgot this piece of data :
During each school year, we turnover between 15-18% of our students.
Sep tember 23 , 20 14 3:43 PM
From the time school starts in August , about 450 students leave our schools at some point in the school year, and about 450 different
students arrive throughout the year .
This rate of transiency creates gaps in student learning and can negatively impact schools, classrooms , and students in a variety of
ways .
Brian Ewert
Superintendent
Englewood Schools
4101 S. Bannock
Englewood , Colorado 80110
303-806-2010
brian ewert@engschoo ls.net
Fact Sheet
City of Englewood Referred Ballot Question No. 2E
November 4, 2014 General Election
The City of Englewood has referred a question to the November 4, 2014 ballot regarding a
transfer of utility property in Douglas County owned by the City of Englewood.
The ballot language is as follows:
Question No. 2E
Shall the Englewood City Council be allowed, by Ordinance, to exchange Utility property
owned in Douglas County for property of similar or greater value to promote development
opportunities that will generate long-term revenue for the public?
Yes No
Background
The City of Englewood purchased several properties in southwestern Arapahoe County and
northwestern Douglas County east of Highway 85 (Santa Fe) in 1948 to secure water rights and
for future construction of a water storage reservoir. Because the properties are associated with
Englewood's water utility, they are considered utility property.
Construction on the planned water storage reservoir, Mclellan Reservoir, was completed in
1965.
In the late 1990s, the City of Englewood cooperated with the Colorado Department of
Transportation, Douglas County, and Mission Viejo {Highlands Ranch) to secure the Colorado
Highway 470 interchange when Lucent Boulevard was built adjacent to Englewood's parcels of
land.
The City of Englewood has continued its cooperation with Highlands Ranch and Shea Homes
(the successor to Mission Viejo) in matters related to water rights and leasing of water, as well
as to facilitate future development of the City of Englewood's properties along the C470
corridor.
City of Englewood: 2014 Ballot Question 1 I Page
In 1999, Englewood City Council established the Englewood Mclellan Reservoir Foundation
(EMRF) to oversee the development of property, to enhance and diversify the City's long-term
revenues, and to protect the water supply in and around Mclellan Reservoir .
It is anticipated that Mclellan property leases will provide a continuing revenue source to fund
City services and capital improvements . EMRF has entered into long-term leases of three
parcels of Mclellan property for the benefit of the City of Englewood and continues to market
the remaining parcels . Current annual revenues from these leases are approximately $400,000.
The EMRF board entered into discussions with an interested party for the lease of one of the
Mclellan parcels in Highlands Ranch. During the course of these discussions the board
determined that due to geographical and boundary considerations, a realignment of property is
necessary for completion of a lease agreement. The realignment will require a trade of
properties between the parties, which is expected to enhance the value of the properties
owned by both parties.
Ballot Question
The ballot question proposes that a 12.3 acre parcel of Englewood's Mclellan property be
traded for a parcel of equal size and value owned by another party in order to better facilitate
development of property east of Lucent Boulevard.
The City of Englewood Charter requires that property purchased for utility purposes may not be
sold without a majority vote of the registered electors of the City (Article XIII, Section 121).
The Englewood City Attorney has determined that a trade of utility property is tantamount to a
sale.
The EMRF board has requested that City Council place the trade of the subject property on the
November 4, 2014 ballot and City Council has, by ordinance, authorized the ballot question.
(Ordinance 41, Series of 2014)
The proposed property trade is expected to enhance the value of the properties owned by both
parties.
City of Englewood : 2014 Ballot Question 2 I Page